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2017 Sep 19 - CC PACKET (Part 2 - Item #3)
Council Meeting Agenda Packet 09-19-17 — Part II Item No. 3 REFER TO COUNCIL MEETING AGENDA PACKET 09-19-17-PART 1 FOR COMPLETE AGENDA AGENDA DESCRIPTION: Consideration and possible action regarding approval of Environmental Assessment No. EA-1185, Development Agreement No. DA 17-01, and Zone Text Amendment No. ZTA 17-02 to: • Amend Development Agreement No. DA 03-01 (Revised and Restated Development Agreement) to expand the project size and eliminate most tenant size restrictions; • Amend the Commercial Center (C-4) zone to eliminate size limits for permitted uses, add new permitted uses, and increase the permitted number and size of monument signs, and add a site plan review procedure; • Modify the conditions of approval for the original project; and • Approve an Addendum to the Final Environmental Impact Report (FEIR) and adopt a statement of overriding considerations for the above changes. The Project site is the Plaza EI Segundo and The Point development project (the "Site"). (Applicant: Street Retail, Inc.). (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Conduct a public hearing; 2. Take testimony and other evidence as presented; 3. Introduce an Ordinance approving a Development Agreement and a Zone Text Amendment; 4. Schedule second reading and adoption of the Ordinance for October 3, 2017; 5. Adopt a Resolution approving a) an Addendum to a FEIR for Environmental Assessment No. EA-1185 and b) modifications to conditions of approval for the Plaza EI Segundo and The Point development project; and/or 6. Alternatively, discuss and take other possible action related to this item. 1 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2017 AGENDA STATEMENT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action regarding approval of Environmental Assessment No.EA-1185, Development Agreement No. DA 17-01, and Zone Text Amendment No. ZTA 17-02 to: • Amend Development Agreement No. DA 03-01 (Revised and Restated Development Agreement) to expand the project size and eliminate most tenant size restrictions; Amend the Commercial Center (C-4) zone to eliminate size limits for permitted uses, add new permitted uses, and increase the permitted number and size of monument signs, and add a site plan review procedure; Modify the conditions of approval for the original project; and ► Approve an Addendum to the Final Environmental Impact Report (FEIR) and adopt a statement of overriding considerations for the above changes. The Project site is the Plaza El Segundo and The Point development project (the "Site"). (Applicant: Street Retail, Inc.). (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Conduct a public hearing; 2. Take testimony and other evidence as presented; 3. Introduce an Ordinance approving a Development Agreement and a Zone Text Amendment; 4. Schedule second reading and adoption of the Ordinance for October 3, 2017; 5. Adopt a Resolution approving a) an Addendum to a FEIR for Environmental Assessment No. EA-1185 and b) modifications to conditions of approval for the Plaza El Segundo and The Point development project; and/or 6. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Ordinance 2. Proposed Resolution 3. Addendum to the FEIR, including updated technical studies and the adopted Mitigation Monitoring and Reporting Program(MMRP) 4. City Council Resolution No. 4415 and Statement of Overriding Considerations 5. Draft development agreement 6. Proposed conditions of approval as amended by this project 7. Planning Commission Resolution No. 2818 8. Planning Commission staff report, dated August 24, 2017 9. Plans 10. Additional correspondence from the applicant (Fehr&Peers memorandum) dated August 22, 2017 2 FISCAL IMPACT: If approved, the proposed project will likely result in a more stable sales tax and business license tax revenue from the businesses at the subject site. Amount Budgeted: N/A Additional Appropriation: N/A STRATEGIC PLAN: Goal: 5(a) El Segundo promotes economic growth and vitality for businesses and the community Objective: Implement a comprehensive economic development strategy to ensure the City encourages a vibrant business climate that is accessible,use-friendly and welcoming to all residents and visitors PREPARED BY: Paul Samaras, Principal PIanner REVIEWED BY: Gregg McClain, Planning Manager Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager I. INTRODUCTION The proposed project is a request to amend the approvals for the Plaza El Segundo and The Point shopping centers which together comprise Phase 1 of a project originally approved in 2005. As approved,the two centers consist of 498,442 square feet of retail,restaurant, grocery store, general and medical office, service, and fitness uses. Street Retail, Inc., the property owner, seeks to increase the size of the project by 18,850 square feet; lift certain size restrictions on tenant spaces and on the size for specific uses; allow additional permitted uses in the C-4 zone; and increase the number and size of the permitted monument signs for the two shopping centers. The intent of the proposed changes is to: a) respond to trends in the shopping center sector, b) address persistent vacancies, especially in that portion of Plaza El Segundo known as The Edge (east of Allied Way), and c)to give the properties the flexibility to insure their long-term viability. In addition, these changes will help insure a more stable employment and tax base for the City. II. DISCUSSION: Proiect Site and Vicinitv The project site is approximately 51.7 acres and generally located at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue within the Commercial Center(C-4)Zone. The main access to Plaza El Segundo is at Park Place off Sepulveda Boulevard and the main access to The Point is at Village Drive off Rosecrans Avenue. The overall site is surrounded by a variety of commercial, office, light and heavy industrial uses. 3 History Phase IA of the overall project was developed in 2005-2007 and is known as Plaza El Segundo. Plaza El Segundo is north of the Union Pacific railroad tracks and contains approximately 378,829 square feet of leasable floor area. In 2008, the City approved an expansion to the original project to include 8.062 acres of land and 70,000 square feet of leasable floor area south of the BNSF railroad tracks. This area is called Phase 113. In 2013, the City Council approved a further expansion of the project area by 4.988 acres. This area was added to Phase 113 of the site, which increased to 13.05 acres. In addition, the City Council approved an additional 49,613 square feet for Phase 1B, which increased its total floor area to 119,613 square feet. Phase 1B became what is known as The Point. Proiect Descrintion Environmental Assessment. The project involves an increase to the overall floor area by 18,850 square feet. The area will primarily take the form of additions to existing buildings to attract larger national retail uses. In addition, some of the area will take the form of kiosks, trailers and other non-traditional structures called "pop-up retail" in the shopping center industry. These uses are commonly used to create interest and to support a greater variety of tenants. Staff prepared an Addendum to the adopted Environmental Impact Report (EIR) for the original project. The Addendum and its appendices are attached to this report as Exhibit 3. Zone Text Amendment. The project makes the following changes in the permitted uses and standards of the C-4 zone: 1. Adds new non-retail sales uses as permitted uses; 2. Removes size restrictions from certain permitted uses; 3. Allows permitted uses to be conducted in a trailer or similar structure (pop-up retail), subject to approval of an administrative use permit(AUP); the AUP process would control the location, design, and timing/duration of pop-up retail uses; 4. Allows micro-breweries with tasting rooms, subject to approval of a conditional use permit; 5. Increases the permitted height for monument signs along Sepulveda Boulevard from 35 to 45 feet and for one monument sign along Allied Way from 25 to 65 feet(Exhibit 9); 6. Establishes a site plan review process to review new buildings and additions to existing buildings for consistency with project approvals and applicable standards. Authorizes the Planning and Building Safety Director to approve site plans for projects up to 15,000 square feet in size. Development Agreement Amendment ("Revised and Restated Development Agreement"). The project makes the following changes in the development agreement for the site: 1. The project consolidates the original agreement and all subsequent amendments into one document; 2. It removes size restrictions from certain permitted uses; 3. It simplifies the limitations on the minimum size of individual tenant spaces by restricting tenants less than 4,000 square feet to a combined maximum of 75,000 square feet in Phase 1 A; 4. Establishes a term of 20 years. 4 Conditions of approval. The project makes the following changes to the conditions of approval: 1. Consolidates the conditions into one document; 2. Deletes redundant and obsolete conditions; 3. Updates Building, Fire, and Zoning Code requirements and references; 4. Updates the project description and traffic analysis methodology; 5. Requires a minimum floor area limit for sales tax generating uses. The minimum limit for Plaza El Segundo would be 80% and for The Point 65% of the gross leasable areas. Site Plan Review. The applicant submitted a site plan review application for an 11,500 square- foot addition to building A-2 (currently Cost Plus World Market) in Plaza El Segundo. The proposed addition consists of a 5,200 square-foot expansion of the building and a new 6,300 square-foot mezzanine. The site plan is attached as Exhibit 9. The site plan review request is being reviewed by the Planning and Building Safety Director concurrently with the overall project. The Director will issue a decision on the request separately if the proposed ordinance is approved and becomes effective. General Plan and Zoning Consistencv Consistency with the El Segundo General Plan ESMC Section 15-1-1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the City Council must find that the proposed Zone Text Amendment and Development Agreement Amendment are consistent with those goals, objectives, and policies. The Planning Commission recommended that the City Council approve the proposed amendments. The findings are discussed in the proposed resolution. Consistency with the El Segundo Municipal Code. Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to approve the proposed amendments,the City Council must find that the amendments are necessary to carry out the general purpose of ESMC Title 15. The purpose of this Title(ESMC §15-1-1)is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. The Planning Commission recommended that the City Council approve the proposed amendments. The findings are discussed in the proposed resolution. To ensure consistency with the C-4 zone development standards, any new construction or addition to a building will be subject to site plan review, during which review staff will evaluate detailed plans for consistency with those standards. III. ENVIRONMENTAL REVIEW On March 1, 2005, the City Council certified the Final Environmental Impact Report and adopted a Mitigation Monitoring Reporting Program. Structure of Certified Program/Proiect EIR The FEIR was structured as a Program EIR and a Project EIR in one document. The overall Sepulveda/Rosecrans Site Rezoning project is analyzed at a "program level," in accordance with the requirements of CEQA. Since there are a number of factors that could not be studied in 5 sufficient detail to conduct a "project level" review of the entire proposed 850,000 square foot project, the Program EIR included a review of the issues that could be fully addressed, and establishes a mechanism, called Subsequent Environmental Documentation, for determining what additional information will have to be provided and studied in order for a "project level" review to be conducted. However, all of the environmental conditions associated with the Plaza El Segundo developments project could be analyzed. Therefore, a"project level"review was prepared for that portion of the Sepulveda/Rosecrans Site Rezoning. The FEIR also included an analysis of alternatives to the proposed Sepulveda/Rosecrans site rezoning and Plaza El Segundo development projects. The alternatives include a No Project Alternative, a Reduced Traffic Generation Commercial Alternative, and an Alternative Land Use (Industrial) Alternative. For the Sepulveda/Rosecrans site rezoning, an additional rezoning of the Plaza El Segundo Development Site Only Alternative is also included in the Draft EIR. The City Council adopted the Reduced Traffic Generation Alternative. The Reduced Traffic Generation Alternative placed a trip cap on the project. The trip cap limits the number of project generated vehicle trips and ensures that no matter the mix of commercial,restaurant and other uses permitted in the C-4 Zone that are ultimately developed on the project site, the traffic impacts would not exceed the levels evaluated in the EIR. The City Council adopted a Statement of Overriding Considerations on March 1, 2005 for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Reduced Traffic Generation Alternative. Addendum to the FEIR The addendum to the FEIR for the revised project analyzed the proposed amendment to the Plaza El Segundo development project that increases the size of the original 425,000 square-foot development by a total of 92,292 square feet, for a total of 517,292 square feet. The previously approved size for Phase 1B (The Point) studied in 2013 was 498,442 square feet. The addendum determined that there will be no new, or substantially more severe, significant impacts than the impacts originally identified in the FEIR. However, the previously adopted Statement of Overriding Considerations must be readopted by the City Council stating the specific reasons why the project's benefits outweigh its significant environmental impacts. Planning staff recommends that the City Council make this finding and readopt the Statement of Overriding Considerations as required by CEQA. A complete environmental analysis is provided in the attached Addendum to the EIR, which includes the adopted Mitigation Monitoring and Reporting Program(Exhibit 3). IV. RECOMMENDATION Planning Staff recommends that the Council introduce an Ordinance for Development Agreement No. 17-01 and Zone Text Amendment No. ZTA 17-02; schedule second reading and adoption of the Ordinance for October 3, 2017; and adopt Resolution No. , approving a) an Addendum to an FEIR for Environmental Assessment No. EA-1185 and b) modifications to conditions of approval for the Plaza El Segundo and The Point development project; and/or alternatively,discuss and take other possible action related to this item. 6 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE APPROVING ZONE TEXT AMENDMENT NO. ZTA 17- 02 AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15-5G-2, 15-5G-4, 15-5G-6, AND 15-5G-9 AND ADDING SECTION 15-5G-10; AND APPROVING DEVELOPMENT AGREEMENT NO. DA 17-01 (REVISED AND RESTATED DEVELOPMENT AGREEMENT NO. DA 03-01) FOR THE PLAZA EL SEGUNDO DEVELOPMENT. The City Council of the city of EI Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On March 15, 2005, the City Council approved a development known as Plaza EI Segundo. Approvals for that development were subsequently amended to allow for different types of uses including, among others, Health Clubs and Fitness Center (2007); Health/Skin Care and automobile sale uses (2008); fast food restaurants, banks, dance/music studios (2009); and medical and dental offices (2010); B. On September 3, 2013, the City Council further amended the approvals for the development to, among other amendments, increase the size of the previously approved shopping center by 49,613 square feet; C. On March 27, 2017, Street Retail, Inc. filed applications for an Environmental Assessment for an addendum to the certified Final Environmental Impact Report (FEIR) to increase the size of the previously approved shopping center by 18,850 square feet; a Zone Text Amendment to eliminate size limitations to certain permitted uses, add new permitted uses, and increase the permitted height of monument signs in the C-4 (Commercial Center) zone); and a "Revised and Restated Development Agreement"to eliminate most tenant size restrictions, to allow an expansion of the project size, and to consolidate the original development agreement and its subsequent amendments into one "Revised and Restated Development Agreement; D. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for August 24, 2017; Page 1 of 13 8 F. On August 24, 2017, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2818 recommending that the City Council approve the proposed project; G. On September 19, 2017, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and H. This Ordinance and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its September 19, 2017 hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that implementing the proposed ordinance would result in the following: A. Increase the potential floor area of the Plaza EI Segundo Development project by 18,850 square feet from 498,442 to 517,292 square feet; B. Amend the permitted uses in the Commercial Center (C-4) zone to include animal hospitals, assembly halls, daycare centers, general offices, multi- media offices, personal services, and recreational facilities; C. Amend the uses subject to an administrative use permit in the C-4 zone to include permitted uses that are conducted in a trailer, a shipping container, or similar structures, and to delete video arcades; D. Amend the uses subject to a conditional use permit in the C-4 zone to include bars, micro-breweries with tasting room/dining, and to delete video arcades; E. Amend the sign standards in the C-4 zone to increase the permitted height of three permitted monument signs on Sepulveda Boulevard north of the Union Pacific Railroad (UPR) from 30 to 45 feet; F. Amend the sign standards in the C-4 zone to increase the permitted height of one of two permitted monument signs along Allied Way from 25 to 65 feet; G. Consolidate the development agreement for the project into one document; H. Amend the development agreement to eliminate limitations on the maximum floor area for specific uses that include health clubs or fitness centers, medical and dental offices, banks, day spas, dance and music studios; Page 2 of 13 9 1. Amend the development agreement to eliminate most of the restrictions on the minimum size of tenants in Phase 1 A; J. Provide for a new 20 year term for the development agreement; K. Consolidate and revise the project conditions of approval to reflect changes in the project size; L. Revise the conditions of approval to simplify the traffic analysis methodology; M. Delete obsolete conditions and conditions related to signs that will be incorporated into the C-4 zone sign standards; and N. Add a condition requiring that a minimum percentage of the project floor area be dedicated to sales tax generating uses. SECTION 3: General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the project are consistent with the EI Segundo General Plan as follows: A. The proposed ordinance is consistent with Goal LU4 of the General Plan Land Use Element in that it will permit new commercial uses, such as animal hospitals, assembly halls, daycare centers, multi-media offices, and recreational uses, which will help provide a stable tax base by promoting a mixed-use environment in the C-4 zone and. B. The proposed ordinance is consistent with Objective LU4-4 of the General Land Use Element in that it will permit new uses in existing commercial and industrial areas, such as animal hospitals, assembly halls, daycare centers, multi-media offices, and recreational uses, which have the potential to maximize economic benefit and reduce traffic impacts. C. The proposed ordinance is consistent with Objective ED1-2 of the General Plan Economic Development Element in that would permit several new uses in the C-4 zone, which promotes the diversification of the City's retail and commercial base. D. Considering all of its aspects, the proposed project will further the objectives and policies of the general plan and will not obstruct their attainment. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26 (Amendments), and based on the findings set forth in Section 2, the proposed ordinance is consistent with and necessary to carry out the purpose of the ESMC as follows: A. The ordinance is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic Page 3 of 13 10 and social advantages resulting from an orderly planned use of land resources. B. The ordinance is necessary to facilitate the development process and ensure the orderly development of buildings and the location of uses in the City. The intent of the ordinance is to update the permitted uses, and the development standards in the C-4 zone, which will facilitate and expedite the development process and provide economic and social benefits resulting from the orderly planned use of land resources. SECTION 5. Development Agreement Findings. In accordance with Government Code § 65867.5 and Resolution No. 3268, adopted June 26, 1984, the City Council finds as follows: A. The Development Agreement is consistent with the General Plan of EI Segundo and there are no applicable Specific Plans. The Revised and Restated Development Agreement is an extension of that Development Agreement originally approved in March 2005 and therefore a continuation of the Development Agreement Findings set forth in Section 5 of Ordinance No. 1382 which findings are incorporated by reference. By allowing increased development and expanding the allowed uses, the Development Agreement and corresponding zoning changes continue to provide the following benefits: 1. Protection against the Plaza EI Segundo development (both Phase 1A and Phase 1 B) from becoming blighted due to a change in retail sales by allowing additional uses which will create a synergy; 2. Provision of an attractive urban destination; 3. Increasing and stabilizing the City's tax base by allowing new commercial development; 4. Provision of long-term employment and increase the employment opportunities for the residents of the City of EI Segundo; 5. Add to the diversification of economic base in the City; 6. Provision of significant fiscal benefit to the City through additional business licenses and sales tax revenues; and 7. Provision of additional retail use and commercial services to the adjacent employment centers. B. The Development Agreement is compatible with the uses authorized in and regulations prescribed for the Commercial Center (C-4) zoning district. The Page 4 of 13 11 C-4 zone was created for this area and the zoning is being amended consistent with the Development Agreement. C- The Development Agreement is in conformity with the public convenience, general welfare and good land use practice as it provides expanded commercial opportunities in a synergistic manner with the existing Plaza El Segundo development and adjacent land uses but does not increase the overall allowed traffic. D. The Development Agreement will not be detrimental to the health, safety and general welfare. As evidenced by the Addendum approved by Resolution No. , there will not be any new significant impacts. E. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values as it does not expand development beyond the physical boundaries of Plaza El Segundo (Phase 1A and Phase 1 B), which is already developed. SECTION fi: Environmental Assessment. Resolution No. approving an Addendum 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. . Prior to adopting this Ordinance, the City Council adopted Resolution No. approving the use of an Addendum. SECTION 7: ESMC Section 15-5G-2 (Commercial Center (C-4) zone Permitted Uses) is amended to read as follows: "The following uses are permitted in the C-4 zone: A. Animal Hospitals and Veterinary Services., Bark-s savings-and loanc snd/or orodit unieno, not to oncood a total of ton thfeucand (10,000)-sgLxam fcr31. B. Donoo and muoic in3t;L�otion-sWd4es net-to-exceed a lotal of 9i)( thousand (5,000) sr6!cro foot Davcare centers. C. Day spas net-to exceed a totol of ton thousand-(1-0-009) oquare4ee-t. D. Farmers' market. E. Financial institutions. €F. Fitness centers (indoors only). G. General offices not to auceed-thirty thoucand-seven},,�io (39,072) gross-square feet. Page 5 of 13 12 G-4=1eeath--and/or akin osre servieon thct aro lir-rested to nor4^ ;:e and/or miR+Riafiy 4wagive coomotic rrrodioal pr000durv,That may bo rond.rrad-by-Iicensed--horlthoare prefe sionar vidad that ouch uoc does nGtexzhrree4lou-sand (2,000) squarefeet in aroc cnd at loast-twen-ty-per:nnt (20%) of-tho floe a~nn io dovotod49-the sa!o of rotail products- H. Indoor sale of automobiles, motorcycles, and motor scooters along with the sale of accessories and parts as an accessory use. No outdoor display or storage shall be allowed and no on site repair or maintenance shall be allowed. I. Medical and dental offices;R� ex-eeedAte4hGusand (5,000) oquaro foot= including health and/or skin care services that are limited to noninvasive and/or minimally invasive cosmetic medical procedures that may be rendered by licensed healthcare professionals. J. Multi-media offices !. POt BLIPPlies andses, iNding .�3t3rinory oor-vises. K. Personal services. L. Public assembly/assembly halls, including theaters and museums. M. Recreational facilities. KN. Restaurants and cafes. W. Retail sales uses (excluding off site alcohol sales). MP. Other similar uses approved by the dDirector of planning apd building oa", as provided by chapter 22 of this title." SECTION 8: Section 15-5G-4 (Commercial Center (C-4) zone uses subject to administrative use permit) is amended to read as follows: "A. Off site sale of alcohol at retail establishments. B. The on site sale and consumption of alcohol at restaurants and delicatessens. C. V4defl oreadoo with or suede-marh4ne- Permitted uses conducted in a trailer, shinpinq container or similar structure D. Other similar uses approved by the dDirector-of-p{ara4-iing--and44uitdiflg-safety, as provided by chapter 22 of this title." SECTION 9: Section 15-5G-2 (Commercial Center (C-4) zone uses subject to conditional Page 6 of 13 13 use permit) is amended to read as follows: "The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. Automobile-sates and noM�--Gentoro, nct to oxooed–,h—^ theasand (70,009) square foo} 9A. On site sale and consumption of alcohol at bars and wine tasting rooms. C:Adev,arsades-wtth4ear (1) or maro vidoo or or-Gade m iRe". B. Micro-brewery with a tastinq room and/or dining. PC. Other similar uses approved by the dDirector of plRnning arm--building osfety, as provided by chapter 223 of this title." SECTION 10- Section 15-5G-6 (Commercial Center (C-4) zone site development standards) is amended to read as follows: "All uses in the C-4 zone must comply with the development standards contained in this section. A. General Provisions: 1. All uses must be conducted within a fully enclosed building except: a. Outdoor restaurants, cafes or seating areas, complying with the provisions of section 15-2-16 of this title; b. Outdoor wholesale or retail activities customarily conducted outdoors, including, without limitation, lumberyards, nurseries, and periodic outdoor sales; c. Outdoor recreational activities..; and d. TemRorary or uermanent uses conducted in trailers, shipphgq containers, or similar structures subiect to an administrative use permit in accordance with Section 15-5G-4. 2. Before the city approves any development project, the project must meet all requirements of the transportation demand management (TDM) and trip reduction criteria as set forth in chapter 16 of this title. 3. Other provisions as set forth in chapter 2 of this title. B. Lot Area: A minimum of te-n4heu-sand-(10,000) square feet. C. Height: No building or structure may exceed sixty-five ibat (65')65 feet." SECTION 11: Section 15-5G-9 (Commercial Center(C-4)zone signs) is amended to read as follows- Page 7 of 13 14 "Signs in the C-4 zone must comply with requirements of chapter 18 of this title except as specified below: A. A maximum of three {3}-ground or monument signs not to exceed thirty five foo+ (36`)45 feet in height each are permitted along the Sepulveda Boulevard street frontage, north of the Union Pacific Railroad. B. A maximum of two M ground or monument signs not to exceed twenty fivo foet (2-5')25 feet in height each are permitted along the Sepulveda Boulevard street frontage south of the Union Pacific Railroad. C. A maximum of two M ground or monument signs (not including wayfinding signs), not to exceed twenty-five-feet-(25')25 feet in heic;ht each are permitted along the Park Place street frontage. D. A maximum of two-(2)2ne ground or monument signs (not including wayfinding signs), not to exceed twe-n"o foot (2F)25 feet height is permitted along the Allied Way street frontage. E. A maximum of one ground or monument sign, not to exceed 65 feet in heiaht is taermitted along the Allied Wav street frontage. €F. A maximum of two R4 ground or monument signs (not including wayfinding signs), not to exceed Wer�ty foct (20')20 feet each are permitted along the Rosecrans Avenue street frontage. l=G. A maximum of one roof sign up to four han�md fifty (450) square feet in that portion of the C-4 zone located south of the Union Pacific Railroad and north of Village Drive which shall not count toward the maximum fifteen-peracnt (15%)- 'k5 percent permitted for storefront signage as specified in subsection 15-18-8C of this title. GH. Parcels that are comprised of a minimum of 7.5 acres and that have at least nighty pereent (90%)84 percent of the floor area devoted to retail and restaurant uses may have up to two M light emitting diode signs ("LED sign") that do not exceed thirty-feef .3030 feet in height and oixty foot4&0460 feet in width so long as: 1) the signs only advertise businesses and products (but only in conjunction with the name of the business that sells the product) that are located on the parcel or display movie projections and abstract videos that are not related to advertising any product, or entertainment, retail or service use and 2) the sign is oriented such that it is intended to be viewed by individuals located on the parcel and not by individuals located in a public right of way. Pursuant to a development agreement that covers multiple parcels of property, and so long as the requirements of this provision are otherwise met, the names of businesses and products (but only in conjunction with the name of the business that sells the product) that are located on parcels that are Page 8 of 13 15 subject to the development agreement may be advertised on an LED sign located on another parcel that is subject to the same development agreement." SECTION 12. Section 15-5G-10 is hereby added to the EI Sequndo Municipal Code to read as follows: Section 15-5G-10. Site Plan Review. A. Site plan review approval shall be required for all new development within the C-4 zone and expansion of existing structures where a building permit is required. A site plan will not be required for modifications to structures where no square footage is added. B. All regular provisions of this title shall apply to all properties within the C-4 zone, includinq. but not limited to, conditional use permit, variance, time limit, public notice and hearinq provisions. The provisions herein add to or supplement the above referenced provisions. C. Approval of a site plan is required before or concurrent with a tentative tract or parcel map for all proposed proiects within the specific plan area. Where no tentative tract or parcel map is required, approval of a site plan must occur before building permits are issued. D. Approval Authority: 1. The Approval Authority for a site plan for proiects under 15,000 square feet shall be the director of plannina and buildina safety. 2. The Approval Authority for proiects over 15,000 square feet in floor area shall be the planninq commission. 3. The decision of the director of planninq and building safety, and the planninq commission shall be subject to appeal as provided for in Chapter 25 of this Title. E. Requirements For Site Plan: A site plan shall show the location of all structures, landscape and hardscape areas, parking areas. walks, internal circulation, access, adiacent streets, sign tvpe and placement, and fence- wall type and placement. F. Factors to consider: The Approval Authority shall consider the following factors when reviewing a site plan: 1. The dimensions, shape and orientation of the parcel; Page 9 of 13 16 2. The placement of buildings and structures on the parcel;. 3. The heiqht, setbacks, bulk and building materials; 4. The building materials and design; 5. The distance between buildings or structures; 6. The location. number and layout of off-street parking and loading spaces; 7. The internal vehicular patterns and pedestrian safety features:,. 8. The location, distribution, amount and type of landscaping materials; 9. The placement, photometrics, heiqht and direction of illumination of liqht standards: 10. The location. number, size and heiqht of siqns; 11. The location, height and materials of walls, fences or hedges; 12. The location and method of screening refuse and storage areas, roof equipment, pipes, vents, utility equipment and all equipment not contained in the main buildinqs of the development; 13. Compliance with all applicable development standards includinq, but not limited to, heiqht, setbacks, FAR, trip generation, and off-street parking requirements. G. Findinqs for approval. In order to approve or conditionally approve the Site Plan, the Approval Authority shall make the followinq findings: 1. The proposed development, includinq the uses and the physical desiqn of the development, is consistent with the intent and qeneral purpose of the general plan; 2. The proposed development, includinq the uses and the physical desiqn of the development, is consistent with the intent and general purpose of the provisions of the ESMC and any applicable Development Aqreement; and 3. The proposed development, includinq the uses and the physical desiqn of the development, will not adversely affect the orderly and harmonious development of the area and the qeneral welfare of the cit . Page 10 of 13 17 If such findinqs cannot be made, the site plan shall be denied. H. Time Limitation: Site plan approval, in accordance with this policv, shall be valid for a period of one year plus extensions pursuant to this code. If construction of a proiect does not commence within that period and proceed with due diligence thereafter, the approval of the site plan shall terminate and an additional submittal, review and approval will be required. I. Revisions: 1. Where the director was the Approval Authoritv and there was no appeal, the director may approve anv revisions. 2_ Where the final Approval Authoritv was other than the director, the director may still approve revisions that are minor in nature or reasonable extensions other than those applied as a condition of approval. Siqnificant changes, additions or omissions shall be submitted for review and approval by the planning commission. SECTION 13: Amendments to the Development Agreement and Conditions. Development Agreement No. 03-01, as previously amended, is hereby amended and restated as set forth in the Revised and Restated Development Agreement attached Exhibit 'A," which is incorporated into this Ordinance by reference. The Revised and Restated Development Agreement and the conditions attached thereto supersede Development Agreement 03-01 and the six amendments thereto as approved in Ordinance Nos. 1382 (Section 713), 1406 (Section 3), 1417 (Section 5A), 1430 (Section 3), 1446 (Section 3), 1481 (Section 7), and 1499 (Section 4). The Conditions Attached to the Revised and Restated Development Agreement supersede those conditions that were previously approved by Ordinance Nos. 1382 (Section 7F), 1417 (Section 5E), and 1481 (Section 8) and Resolution Nos. 4415 (Section 5F), 4542 (Section 5C), and Resolution 4838 (Section 8A). SECTION 14: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 15: ENFORCEABILITY. Repeal of any provision of the ESMC does 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 16: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be Page 11 of 13 18 rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 17: 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. SECTION 18: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI 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 a summary thereof to be published or posted in accordance with California law. Page 12 of 13 19 SECTION 19: This Ordinance will go into effect and be in full force and effect on the thirty-first (31 st) day after its passage and adoption. PASSED AND ADOPTED this _ day of , 2017. Suzanne Fuentes, Mayor APPROVED AS TO FORM: By: Mark D. Hensley, City Attorney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2017, 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 , 2017, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk Page 13 of 13 20 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA-1185 AND AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE PLAZA EL SEGUNDO DEVELOPMENT PROJECT; AND READOPTING A MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERIDDING CONSIDERATIONS The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On March 1, 2005, the City Council adopted Resolution No. 4415 approving Environmental Assessment No. 631 (certified EIR), and General Plan Amendment Nos. 03-4 and 03-5 for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and the Plaza EI Segundo Development Reduced Traffic Generation Alternative; B. On March 15, 2005, the City Council adopted Ordinance No. 1382 approving Zone Change Nos. 03-2 and 03-3, Zone Text Amendment No. 04-1, and Subdivision No. 03-7 for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative, and Development Agreement No. 03-1 for the Plaza EI Segundo Development Reduced Traffic Generation Alternative; C. The Certified EIR analyzed an assumed 850,000 square feet of retail uses on the approximately 110-acre Sepulveda-Rosecrans Rezoning Site ("S/R Project") and at a program level. It analyzed the impacts of a 425,000 square-foot shopping center on a 38.1 net acre portion of the 110-acre site at a project level ("Plaza EI Segundo Development" or "Original Project"); D. In 2008, the City Council approved a modification (Plaza EI Segundo Phase 1 B) to the portion of the approved development located south of the UPRR tracks at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. This project modification increased the site area (south of the UPRR tracks) by 3.4 acres to a total of 8.1 acres and increased the allowable square footage in the Plaza EI Segundo Development by 23,829 square feet to a total of 448,829 square feet; E. In 2013, the City Council approved a further modification to the portion of the approved development located south of the UPRR tracks at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. This project added 4.988 acres to the approximately 8.1-acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue (Phase 1 B Project Site) and increased the size of the previously approved shopping center by 49,613 square feet (from 448,829 to 498,442 square feet); F. On March 27, 2017, Street Retail, Inc. filed applications for an Environmental Assessment for an addendum to the certified Final Environmental Impact Report (FEIR) to increase the size of the previously approved shopping center by 18,850 square feet; a Zone Text Amendment -1- 22 to eliminate size limitations to certain permitted uses, add new permitted uses, and increase the permitted number and size of monument signs in the C-4 (Commercial Center) zone); a "Revised and Restated Development Agreement"to eliminate most tenant size restrictions, to allow an expansion of the project size, and to consolidate the original development agreement and its subsequent amendments into one; and a site plan to add approximately 11,500 square feet to building space A2 in the Phase 1A development of Plaza EI Segundo; G. The applications from Street Retail, Inc. (collectively, the "project") were reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); H. 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); I. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the project before the Planning Commission for August 24, 2017; J. On August 24, 2017, the Planning Commission opened a public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Street Retail, Inc. Following the public hearing, the Planning Commission adopted Resolution No. 2818 recommending that the City Council approve the project; K. On September 19, 2017, the City Council held a duly advertised public hearing in the Council Chamber of the EI 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 Street Retail, Inc.; L. This Resolution and its findings are made based upon the testimony and evidence presented to the City Council at its September 19, 2017 public hearing and all evidence in the entire administrative record of proceedings on this matter. SECTION 2: Environmental Assessment. The City Council makes the following environmental findings: -2- 23 A. The City Council certified a Final EIR (FEIR) on March 1, 2005 for the Plaza EI Segundo project. B. The City reviewed the project and prepared an Addendum to the FEIR under the authority of Public Resources Code § 21166 and of 14 Cal. Code Regs. Section 15000 et seq. (the State CEQA Guidelines) at Section 15164(a) which allows a lead agency to prepare an addendum to a previously certified EIR if some changes or additions to the previously certified EIR are necessary but none of the conditions described in Section 15162 of the State CEQA Guidelines calling for preparation of a subsequent EIR have occurred. Section 15162 of the State CEQA Guidelines states that no subsequent EIR shall be prepared unless the lead agency determines on the basis of substantial evidence in light of the whole record one or more of the following: "(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase n the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (A)The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but project proponents decline to adopt the mitigation measure or alternative." C. Pursuant to State CEQA Guidelines Section 15164, the City Council finds that changes or additions to the FEIR were necessary but none of the conditions identified by Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 or 15163 calling for a subsequent or -3- 24 supplemental EIR have occurred. No new significant effects will result from the revised project. No significant effects previously examined will be substantially more severe than shown in the FEIR in accordance with CEQA Guidelines § 15164(a). D. The Addendum was not circulated for public review, but will be included in or attached to the FEIR in accordance with CEQA Guidelines § 15164(c). E. In accordance with CEQA Guidelines § 15164(e), the Addendum includes an explanation of the decision not to prepare a subsequent EIR pursuant to CEQA Guidelines § 15162 and the explanation is supported by substantial evidence. F. In accordance with CEQA Guidelines §§ 15090 and 15164(d) the Addendum reflects the City's independent judgment and analysis and was considered with the FEIR before the City Council considered the project. The Addendum is an accurate and complete statement of the environmental impacts of the project. The Addendum to the FEIR was prepared under the direction of the City of EI Segundo Planning and Building Safety Department and reflected the independent judgment and analysis of the environmental impacts of the project. G. In accordance with § 15091 of the CEQA Guidelines, the record on which the City Council's findings are based is located at the Planning and Building Safety Department, City of EI Segundo, 350 Main Street, EI Segundo, California 90245. The custodian of records is the Director of Planning and Building Safety. H. The City Council finds that all mitigation measures now incorporated into the project are desirable and feasible. I. The Addendum shows that a Statement of Overriding Considerations will be required in order for the project to be approved. -4- 25 SECTION 8: Approvals. A. The City Council hereby approves the Addendum attached as Exhibit "A" subject to the conditions listed on the attached Exhibit "D," which are incorporated into this Resolution by reference. B. Pursuant Resources Code section 21080, the City hereby readopts the Statement of Overriding Considerations adopted by the City Council on March 1, 2005, pursuant to Resolution No. 4415. A copy of the Resolution and Statement of Overriding Considerations is attached hereto as Exhibit "C." The Statement of Overriding Considerations remains accurate and applicable to the proposed approvals. All EIR mitigation measures will remain in effect. C. Pursuant to Public Resources Code §§21081(a) and 21081.6, the City Council readopts the Mitigation Monitoring and Reporting Program (MMRP) set forth in attached Exhibit "B," which is incorporated into this Resolution by reference. The City Council adopts each of the mitigation measures expressly set forth therein as conditions of approval of the project. The other project conditions of approval and compliance with applicable codes, policies, and regulations will further ensure that the environmental impacts of the proposed project will not be greater than set forth in the FEIR and these findings.; D. Subject to the conditions listed on the attached Exhibit "D," which are incorporated into this Resolution by reference, the City Council approves Environmental Assessment No. EA 1185. SECTION 9: 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 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 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. -5- 26 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: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 13: According to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to Street Retail, Inc., to PES Partners, LLC, and to any other person requesting a copy. -6- 27 SECTION 14: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this day of 2017. Suzanne Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed, approved and adopted by said City Council at a regular meeting held on the day of , 2017, 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 David King, Assistant City Attorney -7- zs ATTACHMENT 3 EXHIBIT"A"TO RESOLUTION NO. The entire Addendum is available for review in the City Clerk's Office or on the City's website at http://www.elsegundo.org/civicax/filebank/blobdload.aspx?BlobID=18482 MTOTHE C .`FOR THE PLAZA EL SEGUNDO DEVELOPMENT Environmental Assessment No. EA-1185 Case Nos. DA-17-01 ; ZTA-17-02 State Clearinghouse No. 2003121037 Prepared For: Planning and Building Safety Department 350 Main Street EI Segundo, CA 90245 August 2017 EcoTierra 30 ATTACHMENT 4 EXHIBIT"C" TO RESOLUTION NO. RESOLUTION NO. 4415 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL TO CERTIFY AN ENVIRONMENTAL IMPACT REPORT SUBMITTED BY MAR VENTURES, INC. AND THE CITY OF EL SEGUNDO FOR ENVIRONMENTAL ASSESSMENT NO. 631 AND GENERAL PLAN AMENDMENT NO. 03-4 & 03-5, FOR THE SEPULVEDA/ROSECRANS SiTE REZONING AND PLAZA EL SEGUNDO DEVELOPMENT PROJECT (REDUCED TRAFFIC GENERATION ALTERNATIVES). The City Council of the City of EI Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On November 17, 2003, Mar Ventures, Inc filed an application for an Environmental Assessment (EA-631), General Plan Amendment (GPA No 03-4), Zone Change (ZC No 03-2) and Subdivision (SUB 03-7, Vesting Tentative Tract Map No 061630) to redesignate and rezone an approximately 54 9-acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue On June 28, 2004 and July 26, 2004, Mar Ventures, Inc filed additional applications requesting a Zone Text Amendment (ZTA No 04-2) and Development Agreement (DA No 03-1) If these matters are approved, the applicant proposes to develop a 425,000 square foot shopping center, known as Plaza EI Segundo, B On November 13, 2003, the City of EI Segundo filed an application for a General Pian Amendment (GPA No 03-5) and Zone Change (ZC No 03- 3) to redesignate and rezoning an approximately 30-acre property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue from Heavy Industrial (M-2) to Commercial Center (C-4) On April 26, 2004, the City of EI Segundo filed an application requesting a Zone Text Amendment (ZTA No 04-1)to amend the El Segundo Municipal Code, C The applications from Mar Ventures, Inc and the City of EI Segundo were reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ("ESMC"), D in addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal Code of Regulations §§15000, et seq , the "CEQA Guidelines"), E An Initial Study was prepared pursuant to the requirements of CEQA The initial Study demonstrated that the project could cause significant environmental impacts Accordingly, a Draft Program/Project -1� 32 Environmental Impact Report ("DEIR") was prepared and circulated for public review and comment between October 5, 2004 and November 19, 2004, F The Planning and Budding Safety Department completed its review and scheduled a special public hearing regarding the application before the Planning Commission for November 15, 2004, G On November 15, 2004 the Commission held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Mar Ventures, Inc., and continued the public hearing to December 15, 2004, H On December 15, 2004, the Planning Commission held the continued public hearing and adopted Resolution No, 2575 recommending City Council approval of Environmental Assessment No 631, Development Agreement No 03-1, General Plan Amendment No 03-4 & 03-5, Zone Change No 03-2 & 03-3, Zone Text Amendment No 04-1, and Subdivision No 03-7 (Vesting Tentative Tract No 061630), l On February 15, 2005 the City Council held a public hearing and considered the information provided by City staff, public testimony and Mar Ventures, Inc ; and, J. This Resolution and its findings are made based upon the testimony and evidence presented to the Council at its February 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department SECTION 2 Factual Findings The City Council finds that the following facts exist A The approximately 110-acre irregularly shaped subject property is located in the southern portion of the City of EI Segundo The site is comprised of 13 separate parcels of varying sizes, ranging from 1 8 acres to 29 2 acres The entire subject property is roughly bounded by Hughes Way to the north, Douglas Street to the east, Rosecrans Avenue to the south, and Sepulveda Boulevard to the west B The majority of the site was historically devoted to industrial chemical manufacturing facilities Honeywell International, Inc and General Chemical, and their predecessors in interest, had operational facilities on the site until 2003 At that time the facilities were closed and demolished for resale and reuse Remediation activities for on-site soil contamination has also commenced on the Honeywell International property. -2- 33 C A 7-acre portion of the site along Rosecrans Avenue is currently used by Air Products Inc for the production of industrial gases Air Products also owns an 8 9-acre vacant parcel of land in the interior of the project site D Other current uses of the project site include a lumber yard operated by Learned Lumber on land leased from the Los Angeles County Metropolitan Transportation Authority (MTA) at the east end of the project site Foundation remains from a brass foundry building are located in the north east end of the project site on a portion of an 11-acre property owned by H Kramer & Company Additionally, the elevated Metro Green Line light rad traverses the property in a north-south alignment near the east end of the project site E The proposed redesignation and rezoning of the Sepulveda/Rosecrans Site Rezoning would change the General Plan land use designation of approximately 85 8 gross acres of the 110-acre subject property to a new Commercial Center designation and rezone the area to a new Commercial Center (C-4) Zone F As applied to the whole of the Sepulveda/Rosecrans Site Rezoning, the proposed Commercial Center land use designation and C-4 zoning would permit up to 850,000 square feet of commercial shopping center development within approximately 85 8-acre site The proposed FAR for the Commercial Center land use designation is 0.275.1. G The existing lumber distribution use (Learned Lumber) that is presently located within the Sepulveda/Rosecrans Rezoning Site would also retain its current Light Industrial (M-1) zoning classification The land on which the lumber yard sits is expected to be reconfigured in the future to accommodate the realignment of the Burlington Northern Santa Fe railroad tracks It is anticipated that the size of the lumber yard will remain comparable to today H As part of the Sepulveda/Rosecrans Site Rezoning the Air Products facility may also relocate to a new smaller facility on the portion of the project site that will remain zoned Heavy Industrial (M-2) I The Sepulveda/Rosecrans Site Rezoning project anticipates possible expansion of an existing recreational vehicle (RV) storage facility located on H Kramer & Company property within the boundaries of the Sepulveda/Rosecrans Site Rezoning project area J The applicants are not requesting entitlements for 66 7 gross acres that are part of the Sepulveda/Rosecrans Site Rezoning, but not included with the proposed Plaza EI Segundo development The Program DEIR -3- 34 identifies the additional environmental evaluation required for developing those 66.7 acres K The proposed Plaza EI Segundo would be constructed on approximately 43 3 gross acres within the Sepulveda/Rosecrans Site Rezoning and would implement the new C-4 zoning on that portion of the site The proposed Plaza EI Segundo would be located on approximately 37 3 gross acres located north of the Union Pacific Railroad tracks and approximately 4 7 gross acres located immediately at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue L The proposed Plaza EI Segundo project is a shopping center of up to 425,000 square feet The shopping center would contain large retail stores, specialty retail, and other uses which could include a spa, and a variety of sit-down restaurants and limited fast food restaurants The types of retail tenant categories could include a Whole Foods grocery store, home improvement, department store, electronics and appliances, home furnishings, pet supply, books, soft goods and sporting goods M The proposed shopping center would consist of several one- and two- story buildings with a maximum height of 65 feet. All development within the proposed Plaza EI Segundo would conform to the C-4 development standards N The proposed FAR for this development would be 0 2756 1 based on 425,000 square feet of development on 38 1 net acres The proposed subdivision of the Plaza El Segundo site would include 20 parcels These parcels would range from 0.5 to 5 5 acres in size. As a result, FARs on individual parcels may range from approximately 0 00 1 to 0 49 1 Q. Under the proposed Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative, the standards of the proposed C-4 zone would be modified to limit the mix of land uses permitted within the 70.8 net acre portion of the proposed Sepulveda/Rosecrans Rezoning Site that would be redesignated in the General Pian for Commercial Center use and rezoned to Commercial Center (C-4) in order to reduce total traffic generation from the Site Total permitted square footage within the proposed Sepulveda/Rosecrans Rezoning Site would remain the same (850,000 total square feet), but the mix of uses would be limited to the following 590,000 square feet of shopping center, 185,000 square feet of large scale retail, 50,000 square feet of grocery store, 10,000 square feet of fast food restaurants, and 15,000 square feet of sit-down restaurants Total traffic generation under this alternative would be reduced by approximately 11 7% in the p m peak hour and approximately 8 8% on a daily basis All other components of the proposed Sepulveda/Rosecrans Site Rezoning, including the construction of new roadways, relocation of -4- 35 railroad rights-of-way, and stormwater retention basin would remain the same as the proposed Sepulveda/Rosecrans Site Rezoning under this alternative P Under the Plaza El Segundo Reduced Traffic Generation Alternative, the Plaza El Segundo Development site boundaries and total proposed square footage would remain the same (425,000 square feet), but the mix of uses within the proposed Plaza EI Segundo Development would be modified to result in an approximately 17% reduction in p m peak hour traffic generation and an approximately 13% reduction in daily traffic generation The mix of uses that would be contained within the proposed Plaza EI Segundo Development under the Reduced Traffic Generation Alternative would include 165,000 square feet of shopping center, 185,000 square feet of large scale retail, a 50,000 square-foot grocery store, 10,000 square feet of fast food restaurants, and 15,000 square feet of sit-down restaurants The proposed land uses and density would be within the requirements of the proposed C-4 zone All other components of the proposed Plaza EI Segundo Development, including the construction of new roadways (Park Place east of Sepulveda Boulevard and Allied Way within the Plaza EI Segundo Development site) and storm water retention basin would remain the same as the proposed Plaza El Segundo Development under this alternative Q The proposed C-4 Zone would provide for the transfer of density rights within the development area to insure that the overall density of the site is consistent with the C-4 Zoning Any donor parcels for FAR purposes will have covenants recorded stating the maximum FAR permitted on the parcel R The full buildout of the Sepulveda/Rosecrans Site Rezoning includes an extension of Park Place (a four-lane east-west street) from its current terminus at Nash Street that would connect to Sepulveda Boulevard The roadway extension would include a signalized intersection at Sepulveda Boulevard south of Hughes Way The roadway would also include a grade separation structure to allow the roadway to pass beneath the Union Pacific Railroad and realigned Burlington Northern Santa Fe Railroad tracks that bisect the project site S Primary ingress and egress to the proposed Plaza El Segundo would be provided from Sepulveda Boulevard via a new traffic signal halfway between Hughes Way and Rosecrans Avenue The eastern leg of this intersection will be served by the new east-west Park Place roadway extension, constructed to El Segundo roadway standards consistent with the adopted Circulation Element T A second new roadway extension would be constructed to roadway standards consistent with the Circulation Element of the City's General -5- 36 Plan in a north-south alignment to connect the new segment of Park Place to Hughes Way via Allied Way, which presently terminates at the northern boundary of the Sepulveda/Rosecrans Rezoning Site U The Plaza EI Segundo portion of the Sepulveda/Rosecrans Site Rezoning is proposed to be constructed as one phase Construction is expected to commence in 2005 and to be completed in 2007 V An interim on-site stormwater retention pond would be constructed within the proposed Plaza EI Segundo site to retain storm water runoff Portions of an existing 42-inch reclaimed water line that crosses the site from north to south approximately 5 to 7 feet below the existing ground surface may be relocated The proposed Plaza E1 Segundo would connect into the existing water and sewer lines W Parking for the Plaza EI Segundo portion of the Sepulveda/ Rosecrans Site Rezoning is proposed to be located in surface parking lots that will surround the proposed shopping center buildings Based on a total of 425,000 square feet, including 400,000 square feet of commercial/retail space and 25,000 square feet of restaurant floor area in the Plaza El Segundo development as described in the Environmental Impact Report, 1,363 parking spaces are required The developer proposes to provide 2,164 parking spaces, which exceeds the City's parking requirements SECTION 3 Environmental Assessment The City Council makes the following environmental findings A The Draft EIR was completed in compliance with CEQA, Guidelines § 15090 A Program/Project Draft Environmental Impact Report (DEIR) was prepared for this project pursuant to the requirements of CEQA A Notice of Preparation of the Draft EIR was prepared and circulated for public review from November 26, 2003 to December 26, 2003 A Revised Notice of Preparation was also prepared and circulated for public review from March 25, 2004 to April 30, 2004. The public review and comment period for the Draft EIR began on October 5, 2004 and ended on November 19, 2004 A Notice of Completion was filed with the State Clearinghouse on October 5, 2004, B The City received twenty-two comment letters on the DEIR from public agencies, groups and individuals, C A Final Environmental Impact Report (°FEIR") was prepared, which includes the DEIR, comments regarding the DEIR and written responses to such comments, a summary of changes to the DEIR, and all technical appendices, -6- 37 D The FEIR for the proposed Project, entitled "Report Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Final Environmental Impact Report", prepared by Christopher A Joseph and Associates under contract to the City and under the supervision of the City Planning and Building Safety Department on January 7, 2005 (State Clearinghouse No 2003121037), is incorporated by reference; E The City, acting as lead agency, has reviewed and edited as necessary the Draft EIR and the Final EIR to reflect its own independent judgment to the extent of its ability, including reliance on City technical personnel from other departments as well as professional consultants retained by the City in order to provide technical advice an assistance in evaluating environmental impacts associated with the Project, F Pursuant to Public Resources Code § 21082 1(c)(3), the City Council independently reviewed and analyzed the FEIR Based upon that review and analysis, and recommendations made by the City's Planning Agency as set forth in Planning Commission Resolution No 2575, the City Council finds the FOR is an accurate and complete statement of the potential environmental impacts resulting from the Project The FEIR reflects the City's independent judgment as lead agency, G Pursuant to CEQA Guidelines § 15091, any changes or alterations required for the Project, or incorporated into the Project, which avoid or substantially lessen the significant environmental effect are identified for the FEIR Any potential changes or alterations that may be made to the proposed mitigation measures are addressed and analyzed in the FEIR, H The DEIR and FEIR were made available for public review and comment in the time and manner prescribed by CEQA, I The FEIR generally concluded that, with mitigation, the Project would not have a significant, adverse effect on the environment Those mitigation measures are desirable and feasible, J The FEIR also identified three project-related environmental impacts that cannot be mitigated i Traffic impacts at several intersections, ii Operational and temporary construction related air quality impacts, and iii Temporary construction related noise impacts -7- 38 K The FEIR also identified three cumulative environmental impacts that cannot be mitigated. i Solid waste impacts, ii Population and housing impacts, and iii Regional traffic impacts L Based upon a review of all relevant matters in the record, the City Council finds that the proposed construction of planned roadway and intersection improvements will improve the overall circulation system of the City and reduce long-term air quality impacts Therefore, the temporary construction impacts are offset by the long-term benefits, M In accordance with § 15091 of the CEQA Guidelines, the record on which the City Council's findings are based is located at the Planning and Building Safety Department, City of EI Segundo, 350 Main Street, EI Segundo, California 90245 The custodian of records is the Director of Planning and Building Safety, N There is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built-out urban environment, O The City reviewed the FEIR for the project and considered the public record on the project, including, without limitation, the following 1 Staff reports prepared by the Planning and Building Safety Department and the DEIR and FEIR prepared by Christopher A Joseph & Associates for the City, 2 Staff presentations at public hearings and meetings, 3 All applicable regulations and codes; 4 Public comments, both written and oral, received and/or submitted at or prior to the public hearings and meetings, supporting or opposing the proposed project, and, 5 All related documents received and/or submitted at or before the public hearings, P Because of the facts identified in this Resolution, specifically the creation of significant unavoidable environmental impacts as described above, the FEIR found that a Statement of Overriding Considerations would be -8- 39 required in order for the project to be approved SECTION 4 General Plan The proposed project conforms with the City's General Plan as follows A The General Plan contains a number of relevant Goals, Objectives, and Policies in the Economic Development Element The goal of Objective ED1-1 is building "support and cooperation among the City of EI Segundo and its businesses and residential communities for the mutual benefits derived from the maintenance and expansion of El Segundo's economic base " The benefits of the development will be shared and supported by all constituencies in the City The development will provide significant fiscal benefit to the City by generating additional business license and sales tax revenue for the City's General Fund B According to Policy EDI-1.2, long-run efforts for economic development should focus on "diversification of EI Segundo's economic base in order to meet quality of life goals " The project will add to the diversification of the economic base in the City by providing for a new larger format retail uses that do not currently exist in the City Therefore, these uses will meet quality of life goals by benefiting the residential and business communities with more diverse retail uses not currently available in the City. C Objective ED1-2 also directs diversification of the economic base `on targeted industries that meet the City's criteria for job creation, growth potential, fiscal impact and fit with local resources." The City's Economic Development Advisory Council (EDAC) prepared a list of targeted industries, which was approved by the City Council These industries are eligible for certain financial incentives because they meet the criteria described in Objective EDI-2 The retail and restaurant uses would be on the list of targeted industries that the City is recruiting in order to meet its diversification efforts Therefore, the proposed project does meet the diversification criteria established in the General Plan, by the EDAC, and the City Council D Due to the City's tax structure, a significant portion of the fiscal benefit derived from most proposed development would be attributed to the number of employees in a new development The Sepulveda/Rosecrans Site Rezoning is proposed to generate approximately 1,904 full time jobs in EI Segundo when fully developed Of these, approximately 952 jobs would be more immediately generated by the development of the Plaza EI Segundo portion of the development Currently there is virtually no permanent employment on the Plaza EI Segundo site and limited employment on the Air Products and Learned Lumber sites Therefore, the project meets the job creation Objective (EDI-2) in the General Plan -9- 40 E Policies EDI-2 1 and ED1-2 2, both seek to promote land uses, which improve the City's retail and commercial tax base The stated purpose of the Commercial Center Land Use Designation is to provide for retail and other commercial services which provide a fiscal benefit to the City The Fiscal Impact Analysis for the Plaza EI Segundo development concluded that the project could generate an estimated annual net fiscal benefit (project revenue versus City costs) ranging from approximately $1,082,049 to $1,611,424 in the first year operation rising to a range of $1,307,922 to $1,958,987 in the eighth year of operation F The proposed project meets the City's policy of seeking balance between enhanced economic development and available resources and infrastructure capacity (Policies EDI-2.3 and LU7-1 2). As adequate resources are currently available within the City to serve the proposed project or will be developed as part of the project, as supported by the Draft EIR, a substantial new commitment of resources or infrastructure is not required The project also proposes several roadway improvements to ensure that the project would not overburden the existing roadway infrastructure Based on this, the proposed project is consistent with Policy EDI-2 3 G Implementation of the proposed project will meet relevant goals and policies with regard to the Land Use Element The project will help the tax base through the development of new commercial uses without adversely affecting the viability of downtown (Goal LU4), The types of products and services expected to be provided for the most part are not already available in EI Segundo The Plaza EI Segundo portion of the development is likely to include electronics goods, a department store, home furnishings, pet supplies and other merchandise in stores which due to their size will be able to provide a different range of products than the smaller stores in downtown H Objective LU4-1 encourages high quality retail facilities in proximity to major employment centers The Sepulveda/Rosecrans Rezoning Site is immediately adjacent to the 2,000,000 square-foot Continental Park office development, the 2,000,000 square-foot Raytheon campus and other office buildings along the Rosecrans Avenue commercial corridor The proposed project will provide additional services to these employment centers I The project will be conditioned to require maintenance and permanent upkeep on all the landscaping developed in conjunction with the project as required by Policy LU4-1 1 J Any development on the Sepulveda/Rosecrans Rezoning Site would be required to meet all health and safety and environmental regulations and -10- 41 would be built to meet all current seismic safety standards, as overseen by the City of El Segundo's Building Safety Division. The appropriate regulatory agencies, including the Regional Water Quality Control Board (LARWQCB) would be required to approve remediation of the existing soil and water contamination on the Sepulveda/Rosecrans Rezoning Site (Policy LU4-1 2 and Policy LU4-1 4) K The redesignation and rezoning of the Sepulveda/Rosecrans Rezoning Site would allow for the productive reuse of an area that was previously and is currently utilized, on a limited basis, for chemical manufacturing and industrial uses Any proposed development would comply with all the zoning regulations and development standards for the C-4 Zone (Policy LU4-2 1) L Although the Sepulveda/Rosecrans Site Rezoning is not located within a quarter-mile of a Green Line Station, two are located within relatively close proximity The Douglas/Rosecrans Station is located approximately 0 4 miles east and EI Segundo/Nash Station is located approximately 0 5 miles north (Policy LU4-4 4) which will help encourage transit ridership to the project K The redesignation and rezoning of the Sepulveda/Rosecrans Rezoning Site would allow for the development for a blighted former industrial/chemical use area into a new shopping/retail opportunity for the surrounding area This redevelopment would occur through the combined efforts of the City of EI Segundo and private applicants and would conform to the new C-4 development standards (Objective LU5-3) N The Sepulveda/Rosecrans Rezoning Site is only partially served by water and sewer Imes Additional facilities will be installed as development is approved on a project by project basis (Policy LU7-1 2) O As development on the site is approved, stormwater retention basin(s) would be required to contain the stormwater runoff The size of these basin(s) would depend on the size of the individual developments and would be determined through completing a hydrology study (Policy LU7- 1 4) P All new on-site utilities required for development(s) on the Sepulveda/Rosecrans Rezoning Site will be placed underground with the construction of the individual project(Policy LU7-2 3) Q Landscaping, in compliance with the development standards for the Commercial Center(C-4) Zone, would be required for any development on the Sepulveda/Rosecrans Rezoning Site (Policy 7-2 5) -11- 42 R The proposed project will be required to have strategic safety plans and a fire life safety plan in place (Policy LU 7-1 1 and Policy LU 7-1 2) All on- site utilities will be placed underground (Policy LU7-2.3) S The Sepulveda/Rosecrans Site Rezoning will include the construction of two new roadways that are included in the 2004 Circulation Element update Master Plan of Streets The extension of Park Place and Allied Way will be built to the standards contained in the General Plan (Policy C1-1 2, Policy C1-1 4, and Policy C1-1 11) T Access to development on the Sepulveda/Rosecrans Rezoning Site would be provided from Sepulveda Boulevard and Rosecrans Avenue Additional access will be provided from Allied Way and potentially from a road connecting Sepulveda Boulevard with Nash Street via Park Place This would allow emergency vehicle access to the site from all four sides of the subject property (Policy C1-1 10) U Any new roadway links proposed for the Sepulveda/Rosecrans Rezoning Site would be constructed in accordance with the City of El Segundo roadway standards (Policy C1-1 10 and Policy C1-1 11) V The Sepulveda/Rosecrans Site Rezoning will include the widening of Sepulveda Boulevard on the east side of the street to provide acceleration and deceleration lanes to serve the project The developer will dedicate property for the lane widening (Policy C1-1 14). W The Traffic Study for the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development was conducted in .lune 2004 This traffic study analyzed the potential traffic related impacts associated with the full buildout of the Sepulveda/Rosecrans Rezoning Site under the new C-4 Zone and recommended mitigation measures as required by Policy C1-1 14 X The names of Park Place and Allied Way will be retained for the extensions of the two streets ensuring uniformity of street naming on a continuous roadway link(Policy C1-1.18). Y Future development of the Sepulveda/Rosecrans Rezoning Site would include landscaping, internal walkways and other amenities (e g , pedestrian benches, gathering places, etc) which would facilitate pedestrian movements and ensure that any future uses were accessible and visitor friendly (Policy C2-13) Z Future development on the Sepulveda/Rosecrans Rezoning Site would incorporate sidewalks along project boundaries and any new roadways (Policy C2-1 4) -12- 43 AA The Plaza EI Segundo development will have sidewalks around the perimeter and other internal pedestrian walkways with linkages to surrounding properties and public transit stops (Policies C2-1 3, C2-1 6, and C2-3 3) BB While future development projects on the Sepulveda/Rosecrans Rezoning Site, other than the Plaza EI Segundo Development, are currently unknown, most projects of this type provide on-site amenities such as internal bicycle lanes or pathways that lead to the adjacent roadway system, bicycle racks or lockers that are distributed throughout the site and on-site shower facilities and clothes lockers for employees It is therefore, assumed that future developments on the Sepulveda/Rosecrans Rezoning Site would provide these types of amenities (Policy C2-22) The Plaza EI Segundo development will be required to provide bicycle racks and/or bicycle lockers that are distributed throughout the site CC The proposed project will adhere to any applicable regulations regarding preferential parking areas or promotion of ride share (Policy C2-5 1) The proposed project will provide sufficient on-site parking and loading (Policy C3-2 1 and C1-3 2) as required by the E1 Segundo Municipal Code DD Parking would be provided on the Sepulveda/Rosecrans Rezoning Site in accordance with the City of El Segundo's parking requirements for the Commercial Center(C-4) Zone (Policy C3-2 1) EE Policy C3-1.1 requires all project-related transportation impacts to be mitigated, where feasible, by the developer The traffic impact study identified a number of intersections in the City that would require mitigation and identified mitigation measures to address the traffic impacts However, because two of the proposed mitigation measures are infeasible due to right-of-way constraints, not all traffic impacts can be mitigated to an insignificant level. In order for the City Council to approve the project with significant impacts, the City Council must adopt a Statement of Overriding Considerations finding that there are positive aspects of the project, that when taken as a whole, outweigh the unavoidable negative environmental impacts FF Implementation of the proposed project will meet the policies of the City's Open Space and Recreation Element as the Development Agreement includes a contribution by the developer to the City to assist the City in developing and improving the recreational aquatics facilities in the City This would help potentially expand the recreational opportunities for residents and employees in the City (Goal OS1, Objective OSI-1, and Objective OSI-3) --13- 44 GG The construction of plumbing to accommodate the use of reclaimed water for irrigation systems, when available, and the application of the City's Water Conservation in Landscape regulations (Title 10- Chapter 2 of the ESMC), as required by mitigation measures M 2-4, M2 5, M2 6, M 2-10, M2-13, and M2-16 and Condition of Approval No 8, would be consistent with and further Policies CN2-5, CN2-7, CN2-12. HH All development on the Sepulveda/Rosecrans Rezoning Site, including the Plaza EI Segundo development, would be required to include a comprehensive and coherent design for the development, including landscaping and amenities, in order to improve the existing aesthetic appearance of the site (Policy CN2-7) 11 All development on the Sepulveda/Rosecrans Rezoning Site, including the Plaza EI Segundo development, would be required to include facilities capable of holding stormwater runoff resulting from the development Additionally, reclaimed water would be used to the extent possible in the irrigation of the landscaping (Policy CN2-11) JJ All development on the Sepulveda/Rosecrans Rezoning Site would be required to utilize reclaimed water for landscaping to the extent feasible (Policy CN2-12) KK The project would provide a comprehensive and coordinated design of the entire project site, including landscape amenities to substantially improve the aesthetic appearance of the site and the surrounding area as encouraged by Policy CN5-6 LL The project has identified and is currently under Los Angeles Regional Water Quality Control Board (LARWQCB) orders to remediate soil and ground water contamination as contemplated by Goal CN3 and Policy CN3-2 to protect groundwater from contamination MM The implementation of transportation demand management programs, as required by Mitigation Measure L-8 (bike, ndeshare matching, and transit options), and as required by Chapters 15-16 and 15-17 of the EI Segundo Municipal Code will demonstrate compliance with air quality objectives to encourage alternative commuting strategies (AQ1-1), reduce vehicle trips (AQ3-1 1, AQ3-1 2), and promote non-motonzed transportation (AQ4-1 1) NN Approximately $250,000 in Traffic Impact Mitigation Fees based upon current applicable fees (and potentially additional fees if the City amends its current Traffic Mitigation Fees) and over $5,000,000 in costs for off-site traffic mitigation measures must be paid to the City to offset development -14- 45 impacts (AQ5-12) related to the proposed Plaza EI Segundo Development project 00 The project will implement a number of traffic improvements, as required by mitigation measures L-1, L-3, L-4, L-5, L-7, L-8, L-9, L-10, L-11, L-13, L-15, L-17, L-18 and L-19 which will improve traffic flow (Policy AQ 7-1 1, AQ 7-2 1) PP Mitigation measure M 5-1 provides that the proposed project will incorporate energy conservation devices (i e , motion-sensitive light activation switches, etc ) consistent with City (Policy AQ 12-1 2) QQ. Implementation of the proposed project, subject to mitigation measures I- 1, 1-2, 1-3, 1-4, and 1-5 which address construction hours, equipment mufflers, construction equipment staging, and noise barriers, will be consistent with relevant policies of the City's Noise Element (Policies N 1- 2 1, N1-2 113, N1-2 1C, N1-3 1, N1-3 5, and Program N1-2 1A). RR The development on the Sepulveda/Rosecrans Rezoning Site will end eighty years of industrial use by several companies which will significantly reduce the quantity of many hazardous materials that have been handled on the site (Objective PS3-1) SS The developer will remediate soil and groundwater contamination under the authority of the LARWQCB (Policy PS4-1 1) TT Public Safety Element Policy PS6-1.2 to continue efforts to reduce fire hazards would be furthered by preparation of fire life safety plans (mitigation measures K1-2, K1-5, K 1-7, and K-1 10) and the reduction of fire prone industrial facilities UU As required by mitigation measures K1-3 and K 1-8, fire access roads will be provided throughout the Sepulveda/Rosecrans Rezoning Site (Policy PS6-1 2E) VV As a re-use of a previously developed industrial site, that will be remediated to the satisfaction of the appropriate regulatory agencies and will not pose any health hazard to employees, patrons or visitors to the site, the project is consistent with Policy HM3-1.1 requiring compliance with hazardous materials handling laws Mitigation measure G-1 and G-2 will ensure that site contamination is remediated -15- 46 SECTION 5 Approvals A The City Council adopts Findings of Facts and a Statement of Overriding Considerations as set forth in Exhibit "A", which are incorporated into this Resolution by reference B In accordance with the requirements of Public Resources Code Section 21081(a) and 21081 6, the City Council adopts a Mitigation Monitoring and Reporting Program (MMRP) as set forth in attached Exhibit "B," which is incorporated into this Resolution by reference The City Council hereby adopts each of the mitigation measures expressly set forth herein as conditions of approval of the project The other protect conditions of approval and compliance with applicable codes, policies, and regulations will further assure that the environmental impacts of the proposed project will not be greater than set forth in the FEIR and these findings C The City Council amends the land use designations ("commercial designations") and the proposed Land Use Plan ("Southeast Quadrant" subsection) of the Land Use Element of the General Plan to reflect the change of the area bounded by Hughes Way on the north, Douglas Street on the east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the west from Heavy Industrial to Commercial Center The corresponding changes as set forth in attached Exhibit "C" are 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 area bounded by Hughes Way on the north, Douglas Street on the east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the west from Heavy Industrial to Commercial Center The corresponding changes to the Land Use Element as 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 area bounded by Hughes Way on the north, Douglas Street on the east, Rosecrans Avenue on the south, and Sepulveda Boulevard on the west from Heavy Industrial to Commercial Center The corresponding changes to the Land Use Map as set forth in attached Exhibit "E," which is incorporated into this Resolution by reference F Subject to the conditions listed on the attached Exhibit "F," which are incorporated into this Resolution by reference, the City Council certifies the Environmental Impact Report of Environmental Impacts for Environmental Assessment No 631, Development Agreement No 03-1, General Plan Amendment No 03-4 & 03-5, Zone Change No 03-2 & 03-3, Zone Text Amendment No 04-1, and Subdivision No 03-7, and, adopts the Sepulveda -16- 47 Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative in the FEIR SECTION 6 Reliance on Record Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 7 Limitations The City Council's analysis and evaluation of the project is based on the best information currently available It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events In all instances, best efforts have been made to form accurate assumptions Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues The City must work within the political framework within which it exists and with the limitations inherent in that framework SECTION 8 Summaries of Information All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact SECTION 9 This Resolution will remain effective until superseded by a subsequent resolution SECTION 10 According to the EI Segundo Municipal Code, a copy of this Resolution shall be mailed to Mar Ventures, Inc , and to any other person requesting a copy SECTION 11 This Resolution is the City Council's final decision and will become effective immediately upon adoption PASSED, APPROVED AND ADOPTED this 1st day of March 2005. Kelly McDow ll, Mayor -17- 48 ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No 4415 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 1st day of March, 2005, and the same was so passed and adopted by the following vote AYES McDowell, Boulgarides, Busch, Jacobson NOES None ABSENT Gaines ABSTAIN. None �4.n , �nro Cindy N4brtesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney Z � P\Planning&Building Safety\PROJECTS\626-650\EA-631\Counral Agenda Packeffinal Approved Documents\EA- 631 reso cc RGA doc -18- 49 CITY COUNCIL RESOLUTION No. 4415 Exhibit A After receiving, reviewing, and considering all the information in the administrative record for Environmental Assessment No 631, Development Agreement No 03-1, General Plan Amendment No 03-4 & 03-5, Zone Change No 03-2 & 03-3, Zone Text Amendment No 04-1, and Subdivision No 03-7 (Vesting Tentative Tract No 061630), including, without limitation, the factual information and conclusions set forth in this Resolution and its attachment, the City Council finds, determines, and declares for the Sepulveda/Rosecrans Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative as follows I. FINDINGS REQUIRED BY CEQA. Public Resources Code § 21081 and CEQA Guidelines § 15091 require the City, before approving a project, to identify significant impacts of the project and, if significant impacts are identified, make one or more of three allowable findings based upon substantial evidence in the record for each significant impact A The first allowable finding is that "changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR" (CEQA Guidelines § 15091(a)(1)) B The second allowable finding is that "such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines § 15091(a)(2)) C The third allowable finding is that "specific economic, social, or other considerations make unfeasible the mitigation measures or Protect alternatives identified in the Final EIR" (CEQA Guidelines § 15091(a)(3)) II. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL. EFFECTS OF THE PROJECT. A. Potential Impacts Found to be Instanificant by the Initial Studv. The Initial Study 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 Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative do not identify or contain substantial evidence identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Reduced Traffic Generation Alternative Development project with respect to the areas listed below 1 Agricultural Resources 2 Mineral Resources 1 50 B Impacts Identified as Potentially Significant in the Initial Study But Which Did Not Exceed Significance Thresholds in the DEIR. Although the Initial Study identified the following environmental effects as potentially significant, the City Council finds that the Initial Study, the FEIR, and the record of proceedings in this matter do not identify or contain substantial evidence identifying significant environmental effects of the Project with respect to the areas listed below for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative 1 Aesthetics a) Facts/Effects (1) Scenic Vista The Sepulveda/Rosecrans Rezoning Site was previously developed with a variety of industrial and chemical manufacturing uses, which are currently in various stages of demolition and site remediation Two industrial uses (Air Products and Learned Lumber) are currently active within the Sepulveda/Rosecrans Rezoning Site An industrial gas production facility and RV storage area would be permitted under the proposed C-4 zoning, as would continuation of the existing lumber distribution facility use in its current location (2) Scenic Vista The Sepulveda/Rosecrans Rezoning Site is located in an urbanized area, with no prominent natural visual features or other attributes that would qualify the site or project vicinity as scenic Buildings in the vicinity of the Sepulveda/Rosecrans Rezoning Site range in height from one story to approximately ten stories In addition, there are no scenic highways or corridors in the project area Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza Del Segundo Project would not result in a substantial adverse effect on a scenic vista (3) Scenic Resources While the Sepulveda/Rosecrans Rezoning Site does contain areas of vegetation, it does not contain any scenic resources such as trees, rock outcroppings, or historic buildings that could be affected by the proposed Sepulveda/Rosecrans Rezoning and Plaza Del Segundo Project Additionally, the Sepulveda/Rosecrans Rezoning Site is not located within a State or County designated scenic highway The closest highways to the project site are California Highway No 1 (Sepulveda Boulevard), the Century Freeway (1-905), and the San Diego Freeway (1-405), none of which are designated as scenic highways in the vicinity of the Sepulveda/Rosecrans Rezoning Site Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza Del Segundo Project would not substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway (4) Shade/Shadow There are no sensitive uses (e g , residences) immediately adjacent to the project site Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza Del 2 51 Segundo Project would not result in any significant shade/shadow impacts b) Miticiation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning or Plaza EI Segundo Development C) Finding (1) 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 Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development project with respect to Aesthetics 2 Air Quality a) Facts/Effects (1) Objectionable Odors Construction and operation activities associated with the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development are not likely to produce objectionable odors Most objectionable odors are typically associated with industrial projects involving the use of chemicals, solvents, petroleum products, and other strong smelling elements used in manufacturing processes, as well as sewage treatment facilities and landfills These types of uses would not be allowed under the new Commercial (C-4) zoning and the proposed Plaza Eel Segundo does not include any of these types of uses (2) Oblectjonable Odors An industrial gas production facility would be permitted within the Sepulveda/Rosecrans Rezoning Site under the proposed C-4 zoning, as would continuation of the existing lumber distribution facility use in its current location However, these uses do not generate objectionable odors, While the previous uses on the Sepulveda/Rosecrans Rezoning Site included chemical manufacturing processes, remediation of conditions resulting from these processes would not generate odors (3) Objectionable Odors The proposed Plaza EI Segundo Development would include a variety of fast food and sit-down type restaurants which may produce odors as a result of cooking processes However, these odors would be minimized through the various permitting processes required for restaurants No significant impacts are anticipated as a result of the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Project 3 52 b) Mitigation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Findinci (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development project with respect to Air Quality 3 Hioloaical Resources a) Facts/Effects (1) Tree Preservation The Sepulveda/Rosecrans Rezoning Site does not contain any trees or vegetation that are considered by any local policies or ordinances to be protected Additionally, there are no local tree preservation policies or ordinances within the City of EI Segundo Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance No impact is anticipated (2) Habitat Conservation Plans The Sepulveda/Rosecrans Rezoning Site is located in a highly urbanized area and was previously developed with industrial and chemical manufacturing uses There are no known locally designated natural communities on the Sepulveda/Rosecrans Rezoning Site or in the immediate vicinity There are no conservation plans in the City of EI Segundo Therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Project is not subject to, and therefore would not conflict with, the provisions of any adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan There are no such conservation plans in the City of EI Segundo No impact is anticipated b) Mltlaatlon (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Finding (1) The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence 4 53 identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to Biological Resources 4 Cultural Resources a) Facts/Effects (1) Historic Resources The Sepulveda/Rosecrans Rezoning Site was previously developed with industrial and chemical manufacturing uses The Sepulveda/Rosecrans Rezoning Site has been disturbed and the existing structures have either been demolished or are in the process of being demolished There are no known historic resources located on the Sepulveda/Rosecrans Rezoning Site Implementation of the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not cause a substantial adverse change in the significance of a historical resource No impact is anticipated (2) Human Remains There are no known human remains within the boundaries of the Sepulveda/Rosecrans Rezoning Site Development of the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Protect is not anticipated to disturb any human remains including those interred outside of formal cemeteries No significant impacts are anticipated b) M1110ation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Finding (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to Cultural Resources — Human Remains 5 Geoloriv and Soil a) Facts/Effects (1) Earthquake Faults The Sepulveda/Rosecrans Rezoning Site is located within the seismically active Southern California region and is subject to similar risks as other developments of comparable size and type located in the region Active faults known to exist in the vicinity of the City of EI Segundo include the San Andreas, Newport-Inglewood, Elysian, San Fernando, Sierra Madre, and Verdugo Faults The Newport-Inglewood Fault is located approximately 3 miles from the protect site Alquist-Priolo zones are fault surface rupture zones According to the City of EI 5 54 Segundo General Plan Draft EIR, no active faults or Alquist-Paolo zones are located within the City of EI Segundo Therefore, the risk of surface rupture due to faulting is minimal No impacts to the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development are anticipated (2) Landslides The Sepulveda/Rosecrans Rezoning Site and the surrounding areas are predominantly fiat, with no large hills or slopes No landslides exist on the Sepulveda/Rosecrans Rezoning Site or in the project vicinity The Sepulveda/Rosecrans and Plaza EI Segundo Project is not at risk of impacts from landslides No impact is anticipated (3) Septic Tanks The Sepulveda/Rosecrans Rezoning Site is located in an urbanized area and would be connected to the existing sewer infrastructure No septic tanks or alternative waste water systems would be utilized on the Sepulveda/Rosecrans Rezoning Site No impact associated with the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Project is anticipated b) Mitigation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Finding (1) 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 Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development with respect to Geology and Soils 6 Hazards and Hazardous Materials a) Facts/Effects (1) School Proximity The Sepulveda/Rosecrans Rezoning Site is not located within one-quarter mile of an existing or proposed school Proposed development under the Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development would not emit hazardous emissions and would use and store only limited quantities of packaged hazardous substances No acutely hazardous materials would be handled on the Sepuiveda/Rosecrans Rezoning Site During cleanup/remediation of the Sepulveda/Rosecrans Rezoning Site, contaminated soil will be handled in accordance with all applicable federal and state laws and regulations Therefore, no impact associated with the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development is anticipated 6 55 (2) Airport Land Use Plan The Sepulveda/Rosecrans Rezoning Site is not located within the boundaries of the Los Angeles International Airport's (LAX) land use plan The Sepulveda/Rosecrans Rezoning Site is not located within 2 miles of any other airport Therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not result in a safety hazard for people residing or working in the project area No impacts are anticipated (3) Private Airstrip The Sepulveda/Rosecrans Rezoning Site is not located within the vicinity of a private airstrip and therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not result in a safety hazard for people in the project area No impact is anticipated (4) Emeroencv Response Plan Development of the Sepulveda/Rosecrans Rezoning Site would be required to conform to all applicable City of EI Segundo emergency response and/or emergency evacuation plans With full development of the Sepulveda/Rosecrans Rezoning Site under the proposed Sepulveda/Rosecrans Rezoning, the Sepulveda/Rosecrans Rezoning Site would be accessible from Sepulveda Boulevard, Rosecrans Avenue, Park Place, and Allied Way The Plaza El Segundo Development would be accessible to emergency vehicles from Sepulveda Boulevard, Rosecrans Avenue and Allied Way The proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would be required to comply with all applicable Fire Department and Public Works Department regulations pertaining to emergency access and evacuation With adherence to City regulations, impacts associated with the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would be less than significant (5) Wddland Fires The Sepulveda/Rosecrans Rezoning Site is located in an urbanized area and is not situated near any wildlands No impact related to wildfires would occur as a result of the Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development b) Mitiqation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Finding (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development with respect to Hazards and Hazardous Materials 7 56 7 Hvdroloav and Water Quality a) Facts/Effects (1) Flooding (Housing) The SepulvedalRosecrans Rezoning Site is not located within a 100- or 500-year floodplain and the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development does not involve the construction of housing. No flood impacts on housing are anticipated (2) Flood Flows The Sepulveda/Rosecrans Rezoning Site is not located within a 100- or 500-year floodplain The proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not place structures within a 100-year flood hazard area which would impede or redirect flood flows No flood impact is anticipated (3) Levee or Dam Failure The Sepulveda/Rosecrans Rezoning Site is not located in a 100 or 500 year floodplain Additionally, there are no waterways or mayor dams located near the City of El Segundo' or the project site Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam (4) Seiche. Tsunam(, Mudflows. The relatively flat Sepulveda/Rosecrans Rezoning Site is located approximately 1 5 miles east of the Pacific Ocean The Sepulveda/Rosecrans Rezoning Site does not contain any enclosed bodies of water and is not located near any other large bodies of water Therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not be subject to inundation by seiches, tsunami, or mudflows, b) Mitmation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Finding (1) 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 Sepulveda/Rosecrans Site Rezoning ar(f Plaza EI Segundo Development with respect to Hydrology and Water Quality 8 Land Use a) Facts/Effects r El Segundo General Plan—1992.Pubhc Safety Element 8 57 (1) Divide Established Community The proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not disrupt the physical arrangement of any established community The Sepulveda/Rosecrans Rezoning Site was previously developed with a variety of chemical and industrial uses The Sepulveda/Rosecrans Rezoning Site is divided by two railroad spurs belonging to the Union Pacific Railroad (UPRR) and the Burlington Northern Santa Fe (BNSF) Railroad, which run through the middle of the site These railroad spurs would remain with implementation of the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development The Sepulveda/Rosecrans Rezoning Site is located adjacent to other commercial and industrial land uses Therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not physically divide an established community (2) Habitat Conservation Plans The Sepulveda/Rosecrans Rezoning Site is located within an urbanized area containing a variety of commercial and industrial uses The Sepulveda/Rosecrans Rezoning Site is not included within and therefore would not conflict with any established habitat conservation plan or natural community conservation plan Therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not conflict with any applicable habitat conservation plan or natural communities conservation plan No impacts would occur b) Mitication (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development C) Finding (1) 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 Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development with respect to land use 9 Noise a7 Facts/Effects (1) Airoort Noise The Sepulveda/Rosecrans Rezoning Site is not located within the boundaries of the Los Angeles International Airport's land use plan Therefore, the Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not expose people residing or working in the project area to excessive noise levels No impacts are anticipated 9 58 (2) Private AlrstrID Noise The Sepulveda/Rosecrans Rezoning Site is not located within the vicinity of a private airstrip Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not expose persons to excessive noise levels associated with a private airstrip No impact is anticipated b) Mitioation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development C) Finding (1) 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 Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to noise 10 Ponulation, Housina, and Employment a) Facts/Effects (1) Replacement Housina The Sepulveda/Rosecrans Rezoning Site does not contain any residential land uses As such, the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not result in the displacement of persons or homes No impact is anticipated (2) Reolacenient Housina The Sepulveda/Rosecrans Rezoning Site does not contain any residential land uses As such, implementation of the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not result in the displacement of persons or homes Therefore, construction of replacement housing is not required No impact is anticipated b) Mitigation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Findin (1) 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 Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to population and housing 10 59 11 Public Services a) Facts/Effects (1) PLIblic Schools. The proposed Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development do not include any residential uses that could directly increase the population within the City of EI Segundo and increase existing demands for public schools However, the potential indirect population increase from the new jobs created by the project may increase existing demands for public schools The project site is located in the Wiseburn Elementary School District and the Centinela Valley School District It is anticipated that full development (850,000 square feet) of the Sepulveda/Rosecrans Rezoning Site under the proposed Sepulveda/Rosecrans Rezoning would generate approximately 25 students (see Table 1) The proposed Plaza EI Segundo Development would account for 12 of the 25 students As seen in Table 1 of the Revised Initial Study, very few students would be generated by the proposed Sepulveda(Rosecrans Rezoning and Plaza EI Segundo Development The number of students generated would constitute a less than significant impact on the schools Payment of required school impact fees to the Wiseburn and Centinela Valley School Districts would ensure that there are no impacts to public schools from the proposed Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development (2) Libraries The City of El Segundo has one main library located at 111 W Mariposa Avenue No residential uses are proposed as part of the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development Therefore, the proposed Sepulveda/Rosecrans Rezoning and Plaza Ell Segundo Development would not result in a direct increase in library use as a result of new city residents A slight increase in use may occur as a result of new fobs, but the increase is anticipated to be less than significant and no new or expanded library facilities would be required Additionally, developers within the Sepulveda/Rosecrans Rezoning Site would be required to pay a City library service mitigation fee of $0 03 per square foot of development Impacts would be less than significant b) M1t[gatfoF1 (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development C) Findina (1) 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 11 60 Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to public services 12 Recreation a) Facts/Effects (1) Parks No residential uses would be permitted under the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Therefore, no increase in the City's permanent population would be anticipated and no direct impacts to parks and recreation facilities would occur The proposed new General Plan designation and rezoning of the Sepulveda/Rosecrans Rezoning Site would result in increased employment of approximately 1,904 persons This increase in employment could result in an indirect increase in demand for recreation and parks services A potential indirect impact to parks and recreation may occur as a result of employees of the protect utilizing existing facilities However, employees typically do not enjoy long periods of time during work hours to make use of park or recreational facilities (1) Parks Many of the employees from the Sepulveda/Rosecrans Rezoning Site and Plaza EI Segundo Development are likely to be residents of EI Segundo, Manhattan Beach, and other nearby communities that currently make use of the area parks and recreational facilities Therefore, the increase in employment as a result of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development would not generate sufficient demand to result in the need for new or physically altered facilities or cause substantial physical deterioration of existing facilities to occur or be accelerated Impacts to recreation facilities associated with the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development would be less than significant b) Mitioation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development C) Finding (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development with respect to recreation 13 Transoortation and Circulation a) Facts/Effects 12 61 (1) Air Traffic Patterns Due to the nature and scope of the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development, implementation of the project would not have the potential to result in a change in air traffic patterns at LAX or any other airport in the area No impact is anticipated (2) Ememencv Access With full development of the Sepulveda/Rosecrans Rezoning Site under the proposed Sepulveda/Rosecrans Rezoning, the Sepulveda/Rosecrans Rezoning Site would be accessible from Sepulveda Boulevard, Rosecrans Avenue, Park Place, and Allied Way The proposed Plaza EI Segundo Development would be accessible to emergency vehicles from Sepulveda Boulevard, Rosecrans Avenue and Allied Way This would provide emergency access to the Sepulveda/Rosecrans Rezoning Site from all directions The proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would be required to comply with all applicable Fire Department and Public Works Department regulations regarding emergency access and evacuation With adherence to City regulations, impacts would be less than significant b) Mitigation (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development C) Finding (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to transportation and circulation 14 Utilities and Service Svstems a) Facts/Effects (1) Wastewater Treatment Wastewater generated by the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would be of similar quality to that generated by other commercial projects, for which wastewater is treated by standard (primary, secondary, and tertiary) treatment processes Improvements associated with the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would comply with all applicable wastewater treatment requirements of the Regional Water Quality Control Board The proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development would not dispose of industrial wastes into the wastewater system 13 62 (2) Solid Waste ReCiUlatlons Disposal of solid waste generated by the proposed Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development construction and operation phases will be subject to the requirements of applicable federal, state, and local statutes and regulations as enforced by the City of EI Segundo Building Safety Division impacts related to solid waste disposal would be less than significant b) Mitigattan (1) No mitigation measures are required to reduce impacts below a level of significance for the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development C) Finding (1) 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 Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development with respect to utilities and service systems C. Imnacts Identified as Potentialiv Slunificant But Which Can Be Reduced to Less-Th an-Siani€icant Levels or Which Can Be Avoided. The City Council finds that although the following environmental effects were identified as potentially significant in the FEIR, changes or alterations within the responsibility and Jurisdiction of other public agencies and not the City have been adopted by such other agencies or can and should be adopted by such other agency to avoid or lessen the potential significant environmental effects listed below to a level of insignificance 1 Aesthetics a) Facts/Effects SepuivedalRosecrans Site Rezonina (1) As a result of new construction at the previous low density, and now largely vacant, Sepulveda/Rosecrans Rezoning Site, the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development would be visible from multiple locations Views of the Sepulveda/Rosecrans Rezoning Site would likely be available from more off-site locations than at present as existing fencing and landscaping would be removed Existing off-site tr©es and vegetation would screen some public views of the proect from these locations The increased visibility of the Sepulveda/Rosecrans Rezoning Site from these locations would not be a significant impact because the surrounding area is already urbanized, and future development on the Sepulveda/Rosecrans Rezoning Site would comply with the development standards of the City of EI Segundo to provide a consistent design and landscaping that would present a pleasing visual appearance 14 63 (2) The height and mass of any commercial development proposed on the Sepulveda/Rosecrans Rezoning Site would be consistent with surrounding commercial, industrial and office uses The appearance of retail development would represent a noticeable improvement over existing remnant industrial facilities Impacts associated with the change in visual character that could be associated with the proposed Sepulveda/Rosecrans Site Rezoning would be less than significant (3) A greater number of view lines through the site would be opened up as a result of removing fencing and landscaping along the boundary of the Sepulveda/Rosecrans Rezoning Site, although some of these view lines could be blocked by future buildings This effect would be less than significant because no views of scenic resources would be affected (4) The Proposed Circulation Element Update Draft EIR requires analysis of potential impacts related to increased night lighting for later projects that would implement the proposed Circulation Element Update Improvements to the Sepulveda Boulevard/Rosecrans Avenue intersection that would be required in order to address potential traffic impacts of the proposed Sepulveda/Rosecrans Rezoning would constitute a project that implements the Circulation Element Update policies Based upon the analysis below, construction of this component of the proposed Circulation Element Update would not result in new effects related to night lighting that were not examined in the Program EIR for the proposed Circulation Element Update (5) Increased on-site lighting associated with the permitted uses would increase on-site lighting levels substantmily from the currently low levels of light emitted from the project area Additionally, enhanced street lighting could be provided in conjunction with potential improvements to the Sepulveda/Rosecrans intersection The resulting lighting levels would be consistent with existing arnbient light levels on Rosecrans Avenue and Sepulveda Boulevard and would be less than significant In addition, the impacts of increased street lighting at the Sepulveda/Rosecrans intersection would be minimal compared to the effects of increased lighting of the Sepulveda/Rosecrans Rezoning Site The closest sensitive receptors are separated from the Sepulveda/Rosecrans Rezoning Site by Sepulveda Boulevard, Rosecrans Avenue, and commercial developments along Rosecrans Avenue These intervening uses would block light generated by development on the Sepulveda/Rosecrans Rezoning Site and therefore, impacts to sensitive receptors from lighting would be less than significant (6) Development of the Sepulveda/Rosecrans Rezoning Site to the levels allowed under the new Commercial Center (C-4) zoning would substantially increase the amount of reflective materials located on the Sepulveda/Rosecrans Rezoning Site from the current levels However, the resulting levels of glare 15 64 would be consistent with the existing levels currently found on Rosecrans Avenue and Sepulveda Boulevard In addition, use of non-reflective materials in the construction of any proposed developments would ensure that these glare impacts would be less than significant Potential glare impacts to sensitive receptors would be less than significant for the same reasons identified above Plaza EI Sec}undo Development (7) The proposed Plaza EI Segundo Development would be visible from multiple locations The increased visibility of the Plaza EI Segundo Development would not be a significant impact because the surrounding area is already urbanized, and proposed development would consist of an attractive shopping center with a consistent design and landscaping that would present a pleasing visual appearance The height and mass of proposed development would be consistent with surrounding commercial, industrial and office uses The proposed Plaza EI Segundo Development would be visually compatible with the office and retail buildings located along Hughes Way and Rosecrans Avenue The appearance of the proposed shopping center development would represent a noticeable improvement over existing remnant industrial facilities Impacts associated with the change in visual character of the area as a result of development of Plaza EI Segundo would be less than significant (8) The development of the low intensity Plaza EI Segundo Site has the potential to substantially alter the nighttime lighting characteristics of the Plaza EI Segundo site and vicinity Due to the high ambient level of night lighting that presently exists in the areas surrounding the Plaza El Segundo site, and the distance of the sensitive receptors from the Plaza EI Segundo site, night- lighting impacts of the proposed Plaza EI Segundo Development would be less than significant (9) Development of the Plaza EI Segundo Development would substantially increase the amount of reflective materials located on the Plaza EI Segundo Site from the current levels However, the resulting levels of glare would be consistent with the existing levels currently found on Rosecrans Avenue and Sepulveda Boulevard and would be fess than significant with the use of non- reflective materials in the construction of the Plaza EI Segundo Development b) Subsequent Environmental nOcumeSntatiori (1) No subsequent environmental documentation is required C) Mitigation Seculveda/Rosecrans Site Rezonina 16 65 (1) Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted Non-reflective building materials must be used to the maximum extent possible to reduce potential glare impacts (B-1) (2) Lighting must be designed to minimize off-site glare (B-2) Plaza EI Secunda (3) Expansive areas of highly reflective materials, such as mirrored glass, must not be permitted Non-reflective budding materials must be used to the maximum extent possible to reduce potential glare impacts (B-3) (4) Lighting must be designed to minimize off-site glare (B-4) d) Finding (1) 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 Project with respect to Aesthetics (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FOR 2 Air Quality a) Facts/Effects Sepulveda/Rosecrans Site Rezornna (1) Maximum daily emissions from a typical construction project associated with the Proposed Sepulveda/Rosecrans Site Rezoning will not exceed SCAQMD's daily thresholds for Sox (2) Between 2007 and 2012, emissions from construction activity may occur simultaneously with operational emissions associated with the proposed Plaza EI Segundo Combined emissions would not exceed the SCAQMD's thresholds for SOx Impacts associated with SOx emissions would be below the significance threshold and less than significant (3) State and federal 1-hour and 8-hour CO standards would not be exceeded under the proposed Sepulveda/Rosecrans Site Rezoning and CO levels would be well below the more stringent state standards Thus, impacts with respect to CO concentrations would be less than significant (4) The proposed Sepulveda/Rosecrans Site Rezoning would be consistent with the 2003 AQMP 17 66 Plaza EI Segundo (5) Maximum daily emissions associated with the construction of the proposed Plaza EI Segundo Development will not exceed SCAQMD's daily thresholds for CO, NOx, and PM10 Therefore, emissions of these pollutants would fall below the significance thresholds (6) Impacts associated with CO concentrations in 2012 under the full build out of the Sepulveda/Rosecrans Rezoning Site would be less than significant The number of vehicles at the analyzed intersections in 2007 would be less than those occurring during 2012 Therefore, the State and federal 1-hour and 8-hour CO standards would not be exceeded as a result of traffic generated by the proposed Plaza EI Segundo Thus, impacts with respect to CO hotspots would be less than significant (7) The proposed Plaza EI Segundo would also be consistent with the 2003 AQMP b) Subsequent Environmental Documentation (1) Prior to implementation of specific development projects, impacts associated with construction emissions must be examined in light of this Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration This examination must provide quantified estimates of construction emissions based upon the specific site, schedule, and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions The analysis must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project-specific analysis (C- 1) C) Mitigation SeDUIveda/Rosecrans Site Rezoning Construction Emissions The following is a list of feasible control measures that the SCAQMD recommends for construction emissions of PM10 These mitigation measures must be implemented for all areas where construction activities associated with the proposed Sepulveda/Rosecrans Site Rezoning would occur Fugitive Dust, PM90 Compliance with SCAQMD Rule 403, including but not limited to the following 18 67 (1) Prior to implementation of specific development projects, impacts associated with construction emissions must be examined This examination must provide quantified estimates of construction emissions based upon the specific site, schedule, and construction equipment utilization charactenstics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions The analysis must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project-specific analysis (C-1) (2) The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily Site wetting must occur often enough to maintain a 10 percent surface sod moisture content throughout all earth moving activities (C-2). (3) All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations (C-3) (4) Site access points must be swept/washed within thirty minutes of visible dirt deposition (C-4) (5) On-site stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily(C-5) (6) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard (C-6) (7) All haul trucks must have a capacity of no less than twelve and three-quarter(12 75) cubic yards (C-7) (8) At least 80 percent of all inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust (C-8) (9) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph (C-9) (10) Traffic speeds on unpaved roads must be limited to 15 miles per hour (C-10) (11) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts (C-11) (12) For all construction emissions, the following measure must apply The applicant must develop and implement a construction management plan, as approved by the City of EI Segundo, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD 19 68 a Configure construction parking to minimize traffic interference b Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e g , flag person) c Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the degree practicable d Re-route construction trucks away from congested streets e Consolidate truck deliveries when possible f Provide dedicated turn lanes for movement of construction trucks and equipment on- and off-site g Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize exhaust emissions h Suspend use of all construction equipment operations during second stage smog alerts Contact the SCAQMD at (800) 242-4022 for daily forecasts i Use electricity from power poles rather than temporary diesel- or gasoline-powered generators Use methanol- or natural gas-powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices k Use propane- or butane-powered on-site mobile equipment instead of gasoline if readily available at competitive prices (C-12) P4aza EI Seaundo Construction Emissions The following is a list of feasible control measures that the SCAQMD recommends for construction emissions of PM10 These mitigation measures must be implemented during construction activities associated with the proposed Plaza EI Segundo, Fugitive Dust, PM10 (13) The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities (C-13) 20 69 (14) All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations (C-14) (15) Site access points must be swept/washed within thirty minutes of visible dirt deposition (C-15) (16) On-site stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily(C-16) (17) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard (C-17) (18) All haul trucks must have a capacity of no less than twelve and three-quarter (12 75) cubic yards (19) At least 80 percent of all inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust (C-19) (20) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph (C-20) (21) Traffic speeds on unpaved roads must be limited to 15 miles per hour (C-21) (22) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts (C-22) (23) The applicant must develop and implement a construction management plan, as approved by the City of EI Segundo, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD a Configure construction parking to minimize traffic interference b Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e g , flag person) c Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the degree practicable d Re-route construction trucks away from congested streets e Consolidate truck deliveries when possible f Provide dedicated turn lanes for movement of construction trucks and equipment on- and off-site g Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize exhaust emissions 21 70 h Suspend use of all construction equipment operations during second stage smog alerts Contact the SCAQMD at (800) 242-4022 for daily forecasts i Use electricity from power poles rather than temporary diesel-or gasoline-powered generators Use methanol- or natural gas-powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices k Use propane- or butane-powered on-site mobile equipment instead of gasoline if readily available at competitive prices (C-23) d) Finding (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to Air Quality (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (3) With Respect to Mitigation Measures C-2, C-3, C-4, C-5, C-6, C-7, C-8, C-9, C-10, C-11, C-12, C-13, C-14, C-15, C-16, C- 17, C-18, C-19, C-20, C-21, C-22, and C-23, changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (4) If mitigation is not adopted by the other jurisdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 3 Biolocucal Resources a) f=acts/Effects Sepulveda/Rosecrans Site Rexonina (1) A small, human-induced marsh was identified at the northwest corner of the Sepulveda/Rosecrans Rezoning Site Subsequent investigation indicated that 0 30 acres of wetlands falling under the jurisdiction of the LARWQCB may be present in this area Construction activities occurring within a wetland habitat, or loss of wetland habitat could represent a substantial 22 71 adverse effect on a riparian habitat or sensitive natural community Thus, impacts on wetlands resulting from development of the Sepulveda/Rosecrans Rezoning Site would be potentially significant, subject to the findings of protect-specific subsequent environmental analysis described under Subsequent Environmental Documentation and Mitigation Measures (2) Field surveys identified a number of native and non-native wildlife species that were either observed directly or inferred to utilize the Sepulveda/Rosecrans Rezoning Site Most of these species are common in urban areas and with the exception of the loggerhead shrike would not be considered sensitive species Impacts to other wildlife species that could result from development of the Sepulveda/Rosecrans Rezoning Site would not represent a substantial adverse effect on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service and would therefore be less than significant (3) The Sepulveda/Rosecrans Rezoning Site was assessed as unlikely to play any significant biogeographic role in the movement of animals through the region Thus activity associated with the Sepulveda/Rosecrans Rezoning would not have the potential to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established nattve resident or migratory wildlife corridors or impede the use of native wildlife nursery sites No impacts related to wildlife corridors and habitat linkages would result from potential development on the Sepulveda/Rosecrans Rezoning Site (4) No sensitive plant species were identified on the Sepulveda/Rosecrans Rezoning Site during field surveys Therefore, development of the Sepulveda/Rosecrans Rezoning Site would not impact sensitive plant species No endangered mammal, bird, reptile, amphibian, fish or invertebrate species were detected on the Sepulveda/Rosecrans Rezoning Site Therefore, development of the Sepulveda/Rosecrans Rezoning Site would not impact endangered animal species (5) One threatened bird species, two bird species of special concern, and one bird species covered by the Migratory Bird Treaty Act were either detected on the Sepulveda/Rosecrans Rezoning Site or could potentially use the site, based on known distributions of species white-tailed kite, loggerhead shnke, Belding's savannah sparrow, and burrowing owl The Belding's savannah sparrow is listed as a State Threatened species The white-tailed kite and loggerhead shrike are both listed as California Species of Special Concern The burrowing owl has no formal protected status at this time, as both the state and federal governments have declined to list the species as threatened or endangered, but burrowing owl nests are covered by the Migratory Bird Treaty Act Development activities associated with the 23 72 Sepulveda/Rosecrans Rezoning Site would have the potential to result in the impacts to these species from • Grading activities on-site will generate noise, which is considered detrimental to wildlife utilization of remnant habitat areas over the construction life of the Sepulveda/Rosecrans Site Rezoning The impact, however, is temporal in nature and would be less than significant as long as no endangered or threatened organisms are present on-site during the construction activity • Construction personnel have the potential to be destructive to all forms of plant and animal life Small mammals and reptiles are particularly subject to disturbance from harassment, capture, or destruction Such activities that affect the four sensitive species listed above could have a substantial adverse effect on a spectres identified as a candidate, sensitive, or special status species and would be significant • Grading and construction activities within the Sepulveda/Rosecrans Rezoning Site could negatively affect increasingly rare organisms, including those identified above These activities could have a substantial adverse effect on a species identified as a candidate, sensitive, or special status species and would be significant (6) Although the general biological assessment of the Sepulveda/Rosecrans Rezoning Site identfied the potential for vernal pools to occur within the Sepulveda/Rosecrans Rezoning Site, a follow-on investigation ruled out this possibility Development of the Sepulveda/Rosecrans Rezoning Site would therefore not affect this sensitive natural community and no impacts related to vernal pools would occur Plaza El Seoundo (7) The analysis provided regarding potential jurisdictional wetlands and sensitive species within the Plaza EI Segundo Development site is in accordance with the mitigation measures for the Sepulveda/Rosecrans Site Rezoning that require site- specific evaluation of potential wetlands impacts (8) Based upon the assessment of potential jurisdictional wetlands within the proposed Plaza EI Segundo Development site, approximately 0 30 acres of wetlands under the jurisdiction of the LARWQCB may exist within the site No waters of the U S or waters of the State are present on the proposed Plaza El Segundo site Therefore, construction of the proposed Plaza EI Segundo Development would not impact any ACOE or CFDG jurisdictional wetland areas, but could potentially affect approximately 0 30 acres of LARWQCB jurisdictional wetlands Construction activities occurring within a wetland habitat, or loss of wetland habitat could represent a substantial adverse effect on a riparian 24 73 habitat or sensitive natural community Thus, impacts on wetlands resulting from potential future development of the proposed Plaza El Segundo Development would be significant (9) The four sensitive bird species detected on the Sepulveda/Rosecrans Rezoning Site or that could potentially use the site could also occur on the proposed Plaza EI Segundo site Development activities associated with the proposed Plaza El Segundo Development would have the potential to result in the following impacts to these species Grading activities on-site will generate noise, which is considered detrimental to wildlife utilization of remnant habitat areas over the construction life of the Plaza El Segundo The impact, however, Is temporal in nature and would be less than significant as long as no endangered or threatened organisms are present on-site • Construction personnel have the potential to be destructive to all forms of plant and animal life Such activities that affect the three sensitive species listed above could have a substantial adverse effect on a species identified as a candidate, sensitive, or special status species and would be significant • Grading and construction activities within the proposed Plaza EI Segundo site could negatively affect increasingly rare organisms, including white tailed kite, loggerhead shrike, Belding's savannah sparrow, and burrowing owl These activities could have a substantial adverse effect on a species identified as a candidate, sensitive, or special status species and would be significant b) Subsequent Environmental Documentation Subsequent environmental documentation must be prepared for any proposed development protect that includes the northwest corner of the proposed Sepulveda/Rosecrans Rezoning Site that has been identified as potentially containing 0 30 acres of jurisdictional wetlands area under the jurisdiction of LARWQCB impacts to any jurisdictional wetlands that may exist in this area must be examined, at the time the development protect is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must address the following (1) A site specific analysis must be conducted to determine whether the design of the proposed development project would impact any of the 0 30 acres identified as potential jurisdictional wetlands This analysis must be completed prior to the start of construction activities for any proposed development within the Sepulveda/Rosecrans Rezoning Site If jurisdictional wetlands 25 74 would be affected by the development project, measures must be identified to reduce impacts to less than significant levels (D-1) Subsequent environmental documentation must also be prepared for any proposed development project within the proposed Sepulveda/Rosecrans Rezoning Site to determine the presence/absence of sensitive species, This information must be examined, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must address the following (2) Site specific analysis of potential effects to four sensitive bird species (white tailed kite, loggerhead shrike, burrowing owl and Belding's savannah sparrow) must be conducted prior to the start of construction activities for any proposed development within the Sepulveda/Rosecrans Rezoning Site If any of these sensitive species would be affected by the proposed development, measures must be identified to reduce impacts to these species to less than significant levels, including, but not limited to, on-site monitoring by a qualified biologist during grading and/or construction activities (D-2) C) Mitigation (1) A site specific analysis must be conducted to determine whether the design of any proposed development project within the Sepulveda/Rosecrans Rezoning site would impact any of the 0 30 acres identified as potential jurisdictional wetlands This analysis must be completed prior to the start of construction activities for any proposed development within the Sepulveda/Rosecrans Rezoning Site If jurisdictional wetlands would be affected by the development project, measures must be identified to reduce impacts to less than significant levels (D-1) (2) Site specific analysis of potential effects to four sensitive bird species (white tailed kite, loggerhead shrike, burrowing owl and Belding's savannah sparrow) must be conducted prior to the start of construction activities for any proposed development within the Sepulveda/Rosecrans Rezoning Site If any of these sensitive species would be affected by the proposed development, measures must be identified to reduce impacts to these species to less than significant levels, including, but not limited to, on-site monitoring by a qualified biologist during grading and/or construction activities (D-2) (3) All construction personnel must receive copies of all pertinent mitigation measures to reduce impacts to general biological resources and must be instructed on avoiding adverse impacts to birds encountered on-site (D-3) 26 75 (4) Prior to site remediation or construction grading on parts of the Site where burrowing owls may occur, a qualified biologist must be retained to conduct surveys for burrowing owl to determine if it is resident on-site Surveys must be conducted no more than 30 days prior to commencement of such activities If burrowing owls are determined to be resident, a qualified biologist must oversee site remediation and demolition activities in and around any semi-natural areas which could be occupied by burrowing owls Proposed mitigation measures must be presented to the California Department of Fish and Game and/or U S Fish and Wildlife Service for approval to avoid directly harming the owl if it is present on-site during these activities(D-4) Plaza El Seoundo The following mitigation measures must be required for the Plaza EI Segundo Development (5) All construction personnel must receive copies of all pertinent mitigation measures to reduce impacts to general biological resources and must be instructed on avoiding adverse impacts to birds encountered on-site (D-5) (6) Prior to site remediation or construction grading on parts of the Site where burrowing owls may occur, a qualified biologist must be retained to conduct surveys for burrowing owl to determine if it is resident on-site Surveys must be conducted no more than 30 days prior to commencement of such activities If burrowing owls are determined to be resident, a qualified biologist must oversee site remediation and demolition activities in and around any semi-natural areas which could be occupied by burrowing owls Proposed mitigation measures must be presented to the California Department of Fish and Game and/or U S Fish and Wildlife Service for approval to avoid directly harming the owl if it is present on-site during these activities (D-6) (7) Prior to issuance of building permits, evidence must be provided to the City of EI Segundo that all necessary approvals for any wetland dredgelfill contemplated by such permit have been obtained from the Regional Water Quality Control Board — Los Angeles Region, or equivalent documentation, or a waiver stating that no permit is presently required pursuant to the regulations of that agency if required, conditions for permit approvals by RWQCB must include, but may not be limited to the following Mitigation of any unavoidable impacts to wetland values and functions to the satisfaction of the permitting agency • incorporation of buffers to the wetland areas On-site treatment of runoff to improve water quality 27 76 Compliance with best management practices during construction (D-7) d) Finding (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to Biological Resources (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (3) With Respect to Mitigation Measures D-1, D-2, D-4, D-6, and D-7, changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (4) If mitigation is not adopted by the other jurisdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 4 Geolociv and Soils a) FactslEffects Sepulveda/Rosecrans Site Rezonina (1) No evidence of faulting was observed during the field investigation and no active faults cross the Sepulveda/Rosecrans Rezoning Site or are located in the immediate site vicinity The City of EI Segundo does not contain any Alquist-Priolo Earthquake Fault Zones Based on the available geologic data, active or potentially active faults with the potential for surface fault rupture are not known to be located directly beneath or projecting toward the Sepulveda/Rosecrans Rezoning Site Therefore, development of Sepulveda/Rosecrans Rezoning Site would not expose people to significant impacts related to surface fault rupture (2) The Sepulveda/Rosecrans Rezoning Site is located within the Southern California region that is known for its seismic activity Addit€onally, the location of the Sepulveda/Rosecrans Rezoning Site relative to known active or potentially active faults indicates that it could be subjected to significant ground shaking Compliance with the State of California Building Code, with its local amendments, would ensure that potential seismic and ground shaking impacts would be less than significant 28 77 (3) According to the State of California Seismic Hazards Map, the Sepulveda/Rosecrans Rezoning Site is not located in an area at risk for liquefaction Therefore, development of the Sepulveda/Rosecrans Rezoning Site would not expose people to significant liquefaction impacts (.4) The Sepulveda/Rosecrans Rezoning Site is not within an area identified as having a potential for slope instability Additionally, the site is not located within an area identified as having a potential for seismic slope instability There are no known landslides near the Sepulveda/Rosecrans Rezoning Site, nor is the Sepulveda/Rosecrans Rezoning Site located in the path of any known or potential landslides. Therefore, the development of Sepulveda/Rosecrans Rezoning Site would not result in or expose people to significant impacts related to slope stability (5) No subsidence associated with fluid withdrawal, peat oxidation, or hydrocompaction has occurred in the City of EI Segundo Therefore, development of the Sepulveda/Rosecrans Rezoning Site would not result in or expose people to significant impacts related to subsidence (6) The City of EI Segundo is not within an area of known expansive soils Therefore, the Sepulveda/Rosecrans Rezoning Site would not result in or expose people to significant impacts related to expansive soils (7) The Proposed Circulation Element Update Draft EIR requires analysis of potential impacts related to expansive soils for later projects that would implement the proposed Circulation Element Update The proposed connection of Park Place between Sepulveda Boulevard and Nash Street and connection of Park Place to Hughes Way via Allied Way through the Sepulveda/Rosecrans Rezoning Site would constitute a project that implements the Circulation Element Update policies Based upon the analysis above, construction of this component of the proposed Circulation Element Update would not result in new effects related to expansive soils that were not examined in the Program EIR for the proposed Circulation Element Update (8) The City of EI Segundo is within an oil field and there are documented producing wells located near the Sepulveda/Rosecrans Rezoning Site Due to the presence of oil and natural gas wells near the Sepulveda/Rosecrans Rezoning Site, there is a potential for methane to be present in the soil Impacts associated with methane levels on the Sepulveda/Rosecrans Rezoning Site would be potentially significant, subject to the findings of project-specific environmental analysis described under Subsequent Environmental Documentation and Mitigation Measures (9) Removal of contaminated soils that may occur on the Sepulveda/Rosecrans Rezoning Site would be separate activity 29 78 which will be accomplished prior to grading activities For a discussion of soil contamination on the Sepulveda/Rosecrans site and its removal, see Section IV G of this EIR (10) Earth movement activities in and around the unlined depressions could result in an increase of impervious surfaces at the site and expose soils to potential wind-borne erosion Therefore, the potential for erosion as a result of the development of the Sepulveda/Rosecrans Rezoning Site would be significant Plaza EI Seraundo (11) The proposed Plaza EI Segundo Development site would not expose people or structures to potentially adverse effects or otherwise result in significant impacts with respect to surface fault rupture, seismicity and ground shaking, liquefaction and seismic settlement, slope stability, subsidence, expansive soils, landform alteration, building foundations, or grading Impacts of the proposed Plaza EI Segundo Development would be less than significant with respect to these issues (12) The City of El Segundo is within an oil field and there are documented producing wells located near Plaza EI Segundo A methane study was conducted to determine the presence or absence of methane on the Plaza EI Segundo site This study meets the requirement for subsequent environmental documentation for development on the proposed Plaza EI Segundo Site Seventeen methane samples and one duplicate sample were collected from nine locations on the Plaza EI Segundo site on January 5, 2004 Methane was detected during the sampling, however, it was not detected at levels that require further analysis or sampling. Therefore, impacts associated with methane would be less than significant on the Plaza EI Segundo site (13) Unlined natural depressions could result in an increase of impervious surfaces at the site and expose soils to the effects of wind-borne erosion Therefore, the potential for erosion at the site as a result of the development of Plaza El Segundo would be significant There is also potential for erosion to occur during the grading process during periods of heavy precipitation The development of Plaza EI Segundo would result in potentially significant impacts related to erosion b) Subsequent Environmental Documentation 80001veda/Rosecrans Site Rezonina Subsequent environmental documentation must be prepared for any proposed development on the Sepulveda/Rosecrans Site to determine the presence or absence of methane The subsequent environmental documentation must address the following 30 79 A methane study must be conducted to determine the levels at which methane is or is not present in the area of any proposed development If methane is determined to be present at or above the levels which require action, then the report shall include recommendations and mitigation measures which shall be followed (E-1) C) Mitigation 5enulveda/Rosecrans Site Rezonino (1) A methane study must be conducted to determine the levels at which methane is or is not present in the area of any proposed development If methane is determined to be present at or above the levels which require action, then the report must include recommendations and mitigation measures which must be followed (E-1) (2) All soil disturbance and travel on unpaved surfaces must be suspended if winds exceed 25 miles per hour(E-2) Plaza El Segundo (3) All sod disturbance and travel on unpaved surfaces must be suspended if winds exceed 25 miles per hour(E-3) d) Finding (1) 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 Project with respect to geology and sods (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (3) With Respect to Mitigation Measures E-2 and E-3, changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency (4) If mitigation is not adopted by the other jurisdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 5 Hvdrolopv and Water Qualitv a) Facts/Effects 31 80 SeoulvedalRosecrans Site Rezoning (1) The Proposed Circulation Element Update Draft EIR requires analysis of potential impacts related to drainage and storm drain systems for later projects that would implement the proposed Circulation Element Update The proposed connection of Park Place between Sepulveda Boulevard and Nash Street and connection of Park Place to Hughes Way via Allied Way through the Sepulveda/Rosecrans Rezoning Site would constitute a project that implements the Circulation Element Update policies The analysis provided below includes the master drainage plan and storm drain and detainment system designed required by the Proposed Circulation Element Update Draft EIR Based upon the analysis provided below, construction of this component of the proposed Circulation Element Update would not result in new effects related to drainage that were not examined in the Program EIR for the proposed Circulation Element Update (2) The hydrology calculations demonstrate that the entire Sepulveda/Rosecrans Rezoning Site can be protected from flooding through the use of on-site storm drains in conjunction with an on-site retention basin without increasing discharge rates from the Sepulveda/Rosecrans Rezoning Site At full buildout the total 50-year flow discharging into the retention basin is 117 cubic feet per second (cfs) with a total retention volume of 4 acre-feet or 175,000 cubic feet With the construction of the retention basin and the mitigation measures below, the development of the Sepulveda/Rosecrans Rezoning Site at full buildout would not result in significant impacts related to hydrology (3) The Sepulveda/Rosecrans Rezoning Site is not located in a 100 or 500 year floodplain Therefore, the future development of the Sepulveda/Rosecrans Rezoning Site would not result in or expose people or property to significant impacts related to flooding (4) The development of the Sepulveda/Rosecrans Rezoning Site does not involve deep excavations that have the potential to intercept existing Aquifers, nor would it involve additions (with the exception of normal water percolation from rainfall/landscape irrigation)or withdrawals of groundwater Therefore, the proposed Sepulveda/Rosecrans Site Rezoning would not result in significant impacts related to groundwater (5) Since the proposed Sepulveda/Rosecrans Site Rezoning involves clearing, grading, and the excavation of 5 or more acres, a General Construction Activity Storm Water Permit must be obtained from the SWRCB prior to the start of construction The NPDES requires that a NOi be filed with the SWRCB By filing an NOI, the developer agrees to the conditions outlined in the General Permit One of the conditions of the General Permit is the development and the implementation of a SWPPP The SWPPP identifies which structural and nonstructural BMPs will be 32 81 implemented, such as sandbag barriers, temporary desdtmg basins near inlets, gravel driveways, dust controls, employee training, and general good housekeeping practices With the implementation of the required BMPs and the mitigation measures listed below, short-term impacts on water quality from construction materials, site grading, and equipment maintenance would be less than significant (6) If not properly designed and constructed, the proposed development could increase the rate of urban pollutant introduction into storm water system As required by the SUSMP, detailed plans for the Sepulveda/Rosecrans Rezoning Site's compliance with the SUSMP will be submitted to the City as part of the development plan approval process prior to issuance of building and grading permits With compliance with the SUSMP requirements, the project's operational impacts on storm water quality will be less than significant Plaza EI Segundo (7) Runoff from the Plaza EI Segundo site would drain across the Plaza El Segundo Site to the proposed retention basin located in the eastern portion of the Plaza EI Segundo site The total 50- year flow discharging into the retention basin from the portion of the Plaza El Segundo site located north of the railroad tracks is anticipated to be 57 cfs The total volume of the retention basin is 8 09 acre-feet or 352,000 cubic feet for the Plaza El Segundo site The total 50-year flow discharging from the portion of the Plaza EI Segundo site located south of the railroad tracks is 11 cfs Since this does not represent an increase in runoff from the existing condition, no detention is required for this area With the construction of the retention basin and the mitigation measures below, development of Plaza EI Segundo would not result in significant impacts related to hydrology (8) Plaza EI Segundo is not located in a 100 or 500 year floodplain Therefore, the proposed Plaza EI Segundo Development would not result in or expose people or property to significant impacts related to flooding (9) The development of the Plaza EI Segundo site does not involve deep excavations that have the potential to intercept existing Aquifers, nor would it involve direct additions or withdrawals of groundwater Therefore,' the proposed Plaza El Segundo Development would not result in significant impacts related to groundwater With the implementation of the required BMPs, and the mitigation measures listed below short-term impacts on water quality from construction materials, site grading, and equipment maintenance would be less than significant (10) If not properly designed and constructed, the proposed development on Plaza EI Segundo could increase the rate of urban pollutant introduction into storm water system In 33 82 compliance with the SUSMP requirements, the proposed development on Plaza El Segundo will provide for the treatment/filtration of on-site storm water runoff before it enters the public storm water conveyance system Applicable BMPs will also be selected from those approved sources identified in the Standard Urban Storm Water Mitigation Plan for Los Angeles County and Cities in Los Angeles County Additionally, a preventive maintenance program, including regular street and parking lot sweeping with equipment designed for removal of such compounds, should be provided to reduce the potential water quality impact to a less-than-significant level As noted above, the Plaza EI Segundo site will provide structural or treatment control BMPs designed to mitigate storm water runoff With compliance with the SUSMP requirements, the project's operational impacts on storm water quality will be less than significant b) Subsequent Environmental Documentation (1) No subsequent environmental documentation is required C) Miliciation Seoulveda/Rosecrans Site Rezonma (1) The applicant must prepare hydrology studies for each specific development on the Sepulveda/Rosecrans Rezoning Site, Such studies shall be reviewed and approved by the City of EI Segundo and any other applicable agency(F-1) (2) The applicant must prepare runoff studies for each specific development on the Sepulveda/Rosecrans Rezoning Site so that the runoff from one specific project area would not flow onto another specific project area without the owners consent Such studies must be reviewed and approved by the City of EI Segundo and any other applicable agency (F-2) (3) The applicant must prepare a master drainage plan for each specific development on the Sepulveda/Rosecrans Rezoning Site. This plan must include detailed hydrology/hydraulic calculations and drainage improvements, showing quantitatively how the project will eliminate the potential for downstream flooding due to increased storm water runoff. These plans will also identify the proposed BMPs to be implemented in compliance with the requirements of the Standard Urban Storm Water Mitigation Plan and the ESMC Such plans must be reviewed and approved by the City of EI Segundo and the Los Angeles County Department of Public Works (F-3) (4) The applicant must design, for each specific development on the Sepulveda/Rosecrans Rezoning Site, a conveyance and detainment system to meet the Los Angeles County Department of Public Works limits on the storm drains that would convey the Sepulveda/Rosecrans Rezoning Site's discharge (F-4) 34 83 (5) The proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development must comply with City of EI Segundo Ordinance No 1347 and No 1348, which establishes storm water and urban pollution controls (F-5) (6) The project owner/developer of a specific development (e g , Plaza El Segundo) on the Sepulveda/Rosecrans site must maintain all structural or treatment control BMPs for the life of the project (F-6) Plaza EI Segundo The following mitigation measures have been identified as pertaining specifically to the Plaza EI Segundo Development (7) The applicant must prepare a hydrology study for the Plaza El Segundo Site The study must be reviewed and approved by the City of El Segundo and any other applicable agencies(F-7) (8) The applicant must prepare a runoff study for the Plaza El Segundo Site so that the runoff does not flow onto another area without the owners consent The study must be reviewed and approved by the City of EI Segundo and the any other applicable agencies (F-8) (9) The applicant must prepare a master drainage plan for the Plaza EI Segundo Site This plan must include detailed hydrology/hydraulic calculations and drainage improvements, showing quantitatively how the project will eliminate the potential for downstream flooding due to increased storm water runoff These plans will also identify the proposed BMPs to be implemented in compliance with the requirements of the Standard Urban Storm Water Mitigation Plan and the ESMC. Such plans must be reviewed and approved by the City of El Segundo and the Los Angeles County Department of Public Works (F-9) (10) The applicant must design a conveyance and detainment system to meet the City of EI Segundo's and Los Angeles County Department of Public Works limits on the storm drains that would convey the Plaza EI Segundo Site's discharge (F-10) (11) The proposed Plaza EI Segundo Development must comply with City of EI Segundo Ordinance No 1347 and No 1348, which establishes storm water and urban pollution controls (F-11) (12) The project owner/developer must maintain all structural or treatment control BMPs for the life of the Plaza El Segundo Development (F-12) d) Finding (1) The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence 35 84 identifying significant environmental effects of the Rosecrans/Sepulveda Site Rezoning and Plaza El Segundo Development with respect to hydrology and water quality (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (3) If mitigation is not adopted by the other junsdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 6 Hazards and Hazardous Materials a) Facts/Effects Sepulveda/Rosecrans Site Rezonino (1) The parcels that comprise the proposed Sepulveda/Rosecrans Rezoning Site are known to contain soil and groundwater contamination due to past activities However, at this time, the extent and type of contamination for all the parcels is not known Without this information, based upon previous activities that have taken place on the proposed Sepulveda/Rosecrans Rezoning Site, conditions of site contamination would have the potential to expose workers and visitors to the proposed Sepulveda/Rosecrans Rezoning Site to soil and groundwater contamination levels that are above established remediation thresholds and expose workers and visitors to the proposed Sepulveda/Rosecrans Rezoning Site to cancer and/or non cancer risks that exceed health risk thresholds Thus impacts of the proposed Sepulveda/Rosecrans Site Rezoning related to soil and groundwater contamination would be significant (2) Asbestos and lead surveys have not been conducted for any of the structures that exist on the Sepulveda/Rosecrans Rezoning Site with the exception of the Honeywell International Inc parcels However, it is assumed that these structures contain asbestos containing material and lead due to the age of the facilities Thus demolition and development activities on the proposed Sepulveda/Rosecrans Rezoning Site would have the potential to expose workers to hazards associated with asbestos and lead Impacts of the proposed Sepulveda/Rosecrans Site Rezoning would be significant with respect to asbestos and lead Plaza El Seaundo (3) Upon completion of interim remediation of the project site, potential health risk impacts to individuals from site contamination 36 85 would be less than significant with respect to the proposed Plaza El Segundo Development Implementation of additional measures to address sod gas and groundwater contamination would not affect the risks associated with construction and operation of the proposed Plaza EI Segundo Development since the workers, employees and patrons of the proposed Plaza EI Segundo would not be exposed to chemicals that would be remediated through these processes (4) After removal of the asbestos containing materials from the various facilities, the facilities on the Plaza El Segundo site were demolished There are no structures or asbestos containing materials presently located on proposed Plaza EI Segundo site Therefore, impacts to individuals or the environment from asbestos fibers would be less than significant Lead-based paint surveys revealed no significant results b) Subseauent Environmental Documentation Sepulveda/Rosecrans Site Rezonina Subsequent environmental documentation must be prepared for any proposed development project within the proposed Sepulveda/Rosecrans Site Conditions related to sod and groundwater contamination must be examined for the proposed development site, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must address the following (1) A full characterization of all the parcels that comprise that project site must be undertaken The City must require that this process be initiated by requiring the project applicant to conduct a Phase I Environmental Site Assessment (ESA) or equivalent investigation and analysis for the specific project site that would be occupied by the proposed development The Phase I ESA or equivalent document must be prepared by a licensed professional (Registered Environmental Assessor or equivalent) and submitted to the City for review (G-1) (2) If indicated by the initial investigation, the City must require the preparation of subsequent Phase Il investigation(s) and submission to the Los Angeles Regional Water Quality Control Board and/or other appropriate agency The project applicant must provide to the City copies of all materials submitted to the LARWQC13 or any other regulatory agency (G-2) (3) Remediation of any environmental conditions identified in the Phase I and Phase II site assessments or investigations must be accomplished to the standards established and agreed upon by the appropriate regulatory agency(jes) for the contemplated development, prior to the issuance of grading or building permits 37 86 for the project The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency(G-3) (4) If the future development project would include any part of Sepulveda/Rosecrans Rezoning Site that currently contains structures, an asbestos and lead survey must be conducted to determine the presence or absence of these substances Removal of these substances shall be conducted in accordance with all applicable rules and regulations (G-4) C) Mitiriation; Further mitigation measures for site specific projects would be identified by the Mitigation Measures described below Before development is allowed on any part of the Sepulveda/Rosecrans Rezoning Site, the part of the site proposed for development would need to be remediated to the standards required for commercial development by LARWQCB (1) A full characterization of all the parcels that comprise a specific project site must be undertaken The City must require that this process be initiated by requiring the project applicant to conduct a Phase I Environmental Site Assessment (ESA) or equivalent investigation and analysis for the specific project site that would be occupied by the proposed development The Phase I ESA or equivalent document must be prepared by a licensed professional (Registered Environmental Assessor or equivalent) and submitted to the City for review (G-1) (2) If indicated by the initial investigation, the City must require the preparation of subsequent Phase II investigation(s) and submission to the Los Angeles Regional Water Quality Control Board and/or other appropriate agency The project applicant must provide to the City copies of all materials submitted to the LARWQCB or any other regulatory agency (G-2) (3) Remediation of any environmental conditions identified in the Phase I and Phase II site assessments or investigations must be accomplished to the standards established and agreed upon by of the appropriate regulatory agency(ies) for the contemplated development, prior to the issuance of grading or building permits for the project The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency (G-3) (4) If the future development project would include any part of Sepulveda/Rosecrans Rezoning Site that currently contains structures, an asbestos and lead survey must be conducted to determine the presence or absence of these substances Removal of these substances must be conducted in accordance with all applicable rules and regulations (G-4) 38 87 Plaza Ef Seoundo (5) Remedial investigations, health risk assessments for the contemplated development and final soils remedial action plans for the Plaza EI Segundo portion of the project site must be completed and approved to the standards established and agreed upon by the LARWQCB prior to the start of any project activities The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency (G-5) (6) Remediation of shallow sod of the Plaza EI Segundo Development portion of the project site must be accomplished to the standards for commercial development established and agreed upon in conjunction with the LARWQCB and a shallow soil closure letter must be issued by the LARWQCB prior to issuance of grading permits for construction of the proposed Plaza El Segundo Development The project applicant must provide to the City copies of any materials received from the LARWQCB or any other regulatory agency(G-6) d) Finding (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to hazards and hazardous materials (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (3) If mitigation is not adopted by the other jurisdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 7 Land Use a) l-acts/Effects Sepulveda/Rosecrans Site Rezoning (1) The rezoning of a 70 8 net acre portion of the Sepulveda/Rosecrans Rezoning Site from Heavy and Light Industrial to Commercial Center would allow for the development of commercial and retail uses Any future development on the site would be required to meet the zoning and development standards associated with the C-4 designation Compatibility with the surrounding land uses would be ensured through compliance with these development standards The existing uses (e g , 39 88 lumberyard, Air products facility, and RV storage) would continue to operate and would be consistent with the M-1 and M-2 zones Therefore, no land use compatibility issues are anticipated as a result of future development on the Sepulveda/Rosecrans Rezoning Site (2) The Sepulveda/Rosecrans Site Rezoning would be consistent with the applicable adopted plans and policies, including the EI Segundo General Plan and SCAG's RCPG Future development on the Sepulveda/Rosecrans Rezoning Site would be consistent with both the General Plan and the RCPG Therefore, no land use impacts are associated with the Sepulveda/Rosecrans Site Rezoning (3) Public comments on the Sepulveda/Rosecrans Site Rezoning contend that the proposed project would provide retail sales and services that could compete with downtown EI Segundo business and that the impacts of increased competition could result in urban blight and decay in the downtown commercial area of EI Segundo (4) As discussed in Response to Comment No 10-2 in the FEIR, due to the size of stores that would be included in the proposed Plaza EI Segundo Development, a different range of products would be provided, compared to the smaller stores in Downtown, which are more focused on the local residential market As such, proposed development on the Sepulveda/Rosecrans Rezoning Site would not be anticipated to adversely affect businesses presently located in downtown EI Segundo such that any potentially significant blight or decay, or other significant physical environmental impacts would ensue as a result of the project Plaza EI Segundo (5) The Plaza El Segundo Development would include a mix of large retail stores, specialty retail and other uses including a fitness center/spa, and fast food and sit-down restaurants The shopping center would replace the former chemical manufacturing and industrial uses that had previously occupied the Plaza EI Segundo site and would be compatible with the surrounding commercial, industrial, public facilities, and open space uses The proposed development would conform to the development standards of the new Commercial Center (C-4)Zone (6) None of the adjacent uses are considered sensitive and the placement of the proposed Plaza EI Segundo Development adjacent to them would not interfere with the daily operation of these uses The closest residential use, located in the City of Manhattan Beach approximately a quarter mile southwest of the intersection of Sepulveda Boulevard and Rosecrans Avenue In addition, the proposed development would be landscaped in accordance with the development standards established for the 40 89 Commercial Center, C-4, Zone, which would work to create a buffer between the proposed development and the adjacent land uses Impacts related to land use compatibility resulting from the development of Plaza El Segundo would be less than significant (7) Additional information regarding noise impacts to the surrounding area dunng construction and operation (vehicular) can be found in Section IV I Traffic impacts associated with the operation of the proposed Plaza EI Segundo Development are discussed in Section IV L These analyses show that with implementation of the identified mitigation measures, the project would not result in significant, short-term or long-term, land use compatibility impacts (8) The proposed Plaza EI Segundo Development would not conflict with any of the applicable policies of the EI Segundo General Plan and would work to implement a number of those policies A General Plan Amendment is proposed to change the (and use designation from Heavy Industrial to Commercial Center The explanations provided under the Sepulveda/Rosecrans Site Rezoning discussion (see Table IV H-1 of the Draft EIR) are applicable to the proposed Plaza EI Segundo Development with the following exceptions Policy 3 03 The proposed Plaza El Segundo Development is anticipated to provide approximately 952 fobs to the local economy (9) Overall, the proposed development of the Plaza El Segundo Development would be consistent with applicable City and regional planning policies (10) Public comments on the Plaza El Segundo Development contend that the Plaza EI Segundo Development would provide retail sales and services that could compete with downtown El Segundo business and that the impacts of increased competition could result in urban blight and decay in the downtown commercial area of EI Segundo 01) As indicated in Response to Comment No. 10-3 in the EEIR, the Draft Development Agreement for the proposed Plaza EI Segundo Development establishes restrictions on the size and types of uses allowed on the project site. Since the types of uses proposed for the project Me would not be available in downtown EI Segundo and vice versa, it is not anticipated that the stores on the project site would adversely affect businesses located in downtown EI Segundo Additionally, the goods and services to be provided by the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development would not compete with the stores and business of Downtown EI Segundo due to the size and nature of the businesses Consequently, the 41 90 development of the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development would not lead to a downward spiral of vacancies, deterioration, or blight in the downtown EI Segundo commercial district b) Subsequent Environmental Documentation (1) No subsequent environmental documentation is required C) Mitlaation Sepulveda/Rosecfans Site Rezonma (1) Because no significant impacts related to land use have been identified, no mitigation measures are required Plaza Ei Sequndo (2) Because no significant impacts related to land use have been identified, no mitigation measures are required d) Finding (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza Et Segundo Development with respect to land use (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR 8 Noise a) Facts/Effects Sepulveda/Rosecrans Site Rezoninq Operational Norse (1) The incremental increase in noise from traffic is expected to be less than 1 dB(A) at both sensitive receptor locations Thus, traffic-related operational noise impacts for the Sepulveda/Rosecrans Site Rezoning are anticipated to be less than significant All other sensitive receptors in the area would experience lower increases in noise levels as a result of vehicular traffic because the analyzed roadways represent the highest levels of project-related traffic The potential increase in noise levels would not be audible at these locations and thus the impact would be less than significant 42 91 (2) The Sepulveda/Rosecrans Site Rezoning would have the potential to generate noise from day-to-day activities During project operation, it is anticipated that the primary sources of noise occurring with the Sepulveda/Rosecrans Rezoning Site would be loading dock and parking lot activity All these activities will be similar and consistent with activities occurring at the immediately adjacent non-residential uses These activities would be within ambient noise levels and thus would not change the existing noise environment As such, impacts related to parking lot and loading dock noise would be less than significant Plaza E l Seciundo Operational Norse (3) Noise increases associated with the Plaza EI Segundo Development traffic generation would not be perceptible along any of the modeled roadways in the vicinity of the project, where sensitive receptors are located Therefore, impacts from traffic associated with the Plaza EI Segundo Development would be less than significant (4) During project operation, it is anticipated that the primary sources of noise occurring with the Plaza EI Segundo site would be loading dock and parking lot activity All these activities will be similar and consistent with activities occurring at the immediately adjacent non-residential uses These activities would be within ambient noise levels and thus would not change the existing noise environment As such, impacts related to parking lot and loading dock noise would be less than significant b) Subseauent Enviranmentai Documentation Seoulveda/Rosecrans Site Rezonina Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda/Rosecrans site, The subsequent environmental documentation must address the following (1) A project-specific construction noise analysis must be prepared that calculates, based on project-specific parameters and identification of the site-specific sensitive receptors that could be affected by construction activities, the noise levels that would be experienced at sensitive receptors located adjacent to that site If noise levels resulting from construction activity would result in temporary construction noise levels that exceed 65 dBA at a sensitive receptor, or cause an incremental increase of 5 dBA over the existing ambient sound level, if the existing ambient sound level at the sensitive receptor location is 65 dBA or more, then the study must identify feasible mitigation measures to be applied to that project from the list of mitigation measures provided below (I-1) 43 92 C) Mitigation Sepulveda/Rosecrans Site Rezoning The following mitigation measures are required to minimize construction related noise impacts associated with the Sepulveda/Rosecrans Site Rezoning (1) A project-specific construction noise analysis must be prepared that calculates, based on protect-specific parameters and identification of the site-specific sensitive receptors that could be affected by construction activities, the noise levels that would be experienced at sensitive receptors located adjacent to that site If noise levels resulting from construction activity would result in temporary construction noise levels that exceed 65 dBA at a sensitive receptor, or cause an incremental increase of 5 dBA over the existing ambient sound level, if the existing ambient sound level at the sensitive receptor location is 65 dBA or more, then the study must identify feasible mitigation measures to be applied to that project from the list of mitigation measures provided below Construction contracts must specify that all construction equipment shall be equipped with mufflers and other applicable noise attenuation devices During construction phases, the contractor must store and maintain equipment as far as possible from the adjacent receptor property locations to the southwest, north and east of the Sepulveda/Rosecrans Rezoning Site As stated in the City of EI Segundo Municipal Code, construction must be restricted to the hours of 7 00 a m to 6 p m Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday Temporary plywood noise barriers must be constructed along the northern and eastern property lines of the Sepulveda/Rosecrans Rezoning Site during construction, which must be high enough to block the fine-of-sight between the Sepulveda/Rosecrans Rezoning Site and receptor property locations to the southwest, north and east(1-1) Plaza EI Segundo The follow mitigation measures are required to minimize construction related noise impacts associated with the Plaza El Segundo Development (2) Construction contracts must specify that all construction equipment must be equipped with mufflers and other applicable noise attenuation devices (1-2) 44 93 (3) During construction phases, the contractor must store and maintain equipment as far as possible from the adjacent receptor property locations to the north and east of the Plaza EI Segundo site (1-3) (4) As stated in the City of EI Segundo Municipal Code, construction must be restricted to the hours of 7 00 a m to 6 p m Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday(1-4) (5) Temporary plywood noise barriers must be constructed along the 4 5 acre portion of the Plaza EI Segundo site south of the UPRR tracks during construction, which must be high enough to block the line-of-sight (a minimum of 8 feet above existing grade) between the Plaza EI Segundo site and receptor property locations to the southwest, north and east (1-5) d) Finding (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to noise (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR 9 Population, Housina. and Emolovment a) Facts/Effects Sepulveda/Rosecrans Site Rezoninq (1) Construction of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development would result in increased employment opportunities in the construction field, which could potentially result in increased permanent population and demand for housing in the vicinity of the Sepulveda/Rosecrans Rezoning Site However, the employment patterns of construction workers in Southern California.are such that it is not likely that they would relocate their households as a consequence of the construction employment associated with the proposed Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development (2) Operation of the development permitted under the proposed Sepulveda/Rosecrans Site Rezoning would provide employment for approximately 1,904 persons by project completion in the year 2012 Employment resulting from the proposed Sepulveda/Rosecrans Site Rezoning would be 45 94 consistent with SCAG projections for the City of EI Segundo and the South Bay Cities Subregion through 2015 Therefore, impacts associated the Sepulveda/Rosecrans Site Rezoning related to employment would be less than significant (3) The City of EI Segundo is a fobs rich city, with far more employment opportunities than the available housing stock can accommodate From the SCAG data presented in Section IV J it can be seen that the vast majority of employees in the City of EI Segundo commute to work from other communities, and will continue to do so in the future While the Sepulveda/Rosecrans Site Rezoning is expected to generate approximately 1,904 new fobs, for several reasons, it is not expected to generate a demand for 1,904 housing units It is reasonable to expect, therefore, that many of the new employees will be drawn from the local labor force in the City of EI Segundo and surrounding communities (4) It is expected that the maximum housing demand generated by the project could be accommodated by the existing housing stock within the average 9 7-mile commute distance from the Sepulveda/Rosecrans Rezoning Site, without generating demand for new housing construction Therefore, the proposed Sepulveda/Rosecrans Site Rezoning would result in less than significant impacts related to housing Plaza El Segundo (5) Operation of the proposed Plaza EI Segundo would provide employment for approximately 952 persons The Plaza EI Segundo's estimated employee generation would account for approximately 6 8 percent of SCAG's forecasted total employment growth for the City of EI Segundo during this period Employment resulting from the proposed Plaza El Segundo Development would be consistent with SCAG projections for the City of EI Segundo and the South Bay Cities Subregion through 2010 Therefore, the Plaza EI Segundo would result in a less than significant impact regarding employment (6) The additional housing demand associated with the proposed Sepulveda/Rosecrans Site Rezoning would be accommodated by existing housing supply in the South Bay Cities Subregion and surrounding cities to the north and northeast of the Sepulveda/Rosecrans Rezoning Site, The proposed Plaza EI Segundo would implement the proposed C-4 zoning on a portion of the Sepulveda/Rosecrans Rezoning Site Thus the proposed Plaza EI Segundo would not pose additional issues related to increased employment and housing demand The proposed Plaza EI Segundo would result in less than significant impacts related to housing b) Subseuuent Environmental Dacumentation (1) No subsequent environmental documentation is required 46 95 G) Miticiation Seouiveda/Rosecrans Site Rezoninq (1) As no significant impacts on population, housing and employment associated with the proposed Sepulveda/Rosecrans Site Rezoning and Plaza Ei Segundo would occur, no mitigation measures are required There are no available mitigation measures to address the incremental contribution of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo to the significant cumulative impact related to population growth and housing demand Plaza EI Seaundo (2) As no significant impacts on population, housing and employment associated with the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo would occur, no mitigation measures are required There are no available mitigation measures to address the incremental contribution of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo to the significant cumulative impact related to population growth and housing demand d) Finding (1) No significant impacts were identified and no mitigation measures were required No impact is anticipated to employment or population growth as a result of implementing the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development (2) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to population, housing, and employment (3) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR 10 Public Services—Fire Protection a) Facts/Effects Seoulveda/Rosecrans Site Rezonina 47 96 (1) Emergency access to the Sepulveda/Rosecrans Rezoning Site would be provided at several driveways along Sepulveda Boulevard, Rosecrans Avenue and from Allied Way Internal fire access roadways would be provided throughout the Sepulveda/Rosecrans Rezoning Site Emergency response times are not anticipated to be significantly impacted by project traffic, as the Sepulveda/Rosecrans Rezoning Site is located less than one mile southwest of ESFD Station No 2 and within two miles of the proposed relocation site for Station No 2 Additional City streets and public fire hydrants would be provided on the Sepulveda/Rosecrans Rezoning Site The provision of street continuation through the site is proposed as part of the Sepulveda/Rosecrans Rezoning Project, which would improve access to the southern edge of the City Water flow and fire hydrants would be provided in accordance with ESFD Regulations, and installation of automatic fire sprinklers and a complete life-safety alarm system within each budding shall be undertaken in accordance with the requirements of the Uniform Fire Code to further preclude the need for additional fire protection The proposed Sepulveda/Rosecrans Rezoning would not require new or physically altered fire protection facilities in order to maintain acceptable fire service ratios, response times, or other performance standards and would have a less than significant impact on fire protection services (2) A Fire Service Mitigation Fee of $0 14 per gross square foot is required and would be provided by future development within the proposed Sepulveda/Rosecrans Rezoning Site in order to address fire service impacts The Fire Service Mitigation Fee is set by the City at a level which adequately reflects the impacts on fire services caused by new development Plaza FI sequndo (3) Because the full development permitted under the proposed Sepulveda/Rosecrans Rezoning would not significantly impact fire protections services, the proposed Plaza El Segundo would also result in less than significant impacts on fire protection services (4) The proposed Plaza EI Segundo Development would be responsible for paying the Fire Service Mitigation Fee of$0 14 per gross square foot set forth in the EI Segundo Municipal Code. The Fire Service Mitigation Fee is set by the City at a level which adequately reflects the impacts on fire services caused by new development b) Subs C(Klent Environmental Documentation (1) No subsequent environmental documentation is required 48 97 C) Miticiation Sepulveda/Rosecrans Site Rezoning Although impacts of the proposed Sepulveda/Rosecrans Site Rezoning would be less than significant with respect to fire protection facilities, the City of EI Segundo imposes the following standard conditions of project approval to offset project impacts (1) The applicant must pay the City of EI Segundo a Fire Service Mitigation Fee of $0 14 per gross square foot of building area prior to the issuance of a certificate of occupancy (K-1 1) (2) A fire life safety plan, which must include definitive pians and specifications, must be submitted to the EI Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed development(K-1 2) (3) The applicant must provide fire access roadways to and throughout the property and submit a layout plan to the ESFD for approval (K-1 3) (4) The appltcant must provide water flow and on-site fire hydrants as required by the ESFD (K-1 4) (5) The following installations require separate Fire Department approval The applicant must submit separate plans for Fire Department review Automatic fire sprinklers, Fire alarm system, C Underground fire service mains, u Fire Pumps, ■ Emergency generators, and • Any aboveground or underground storage tank including elevator sumps and condensation tanks (K-1 5) Plaza El Segundo Although impacts of the proposed Plaza EI Segundo Development would be less than significant with respect to fire protection facilities, the City of EI Segundo imposes the following standard conditions of project approval to offset project impacts 49 98 (6) The applicant must pay the City of EI Segundo a Fire Service Mitigation Fee of $0.14 per gross square foot of building area prior to the issuance of a certificate of occupancy (K-1 6) (7) A fire life safety plan, which must include definitive plans and specifications, must be submitted to the EI Segundo Fire Department (ESFD) for review and approval prior to commencement of construction of any portion of the proposed development (K-1 7) (8) The applicant must provide fire access roadways to and throughout the property and submit a layout plan to the ESFD for approval (K-1 8) (9) The applicant must provide water flow and on-site fire hydrants as required by the ESFD (K-1 9) (10) The following installations require separate Fire Department approval The applicant must submit separate plans for Fire Department review • Automatic fire sprinklers, Q Fire alarm system, e Underground fire service mains, 0 Fire Pumps, • Emergency generators, and 0 Any aboveground or underground storage tank including elevator sumps and condensation tanks (K-1 10) d) Findincis (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to fire services (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FOR 11 Public Services— Police Protection a) Facts/Effects 50 99 Sepulveda/Rosecrans Site Rezomna (1) The additional commercial uses on the Sepulveda/Rosecrans Rezoning Site that would be permitted under the proposed C-4 zone could potentially generate an increase in the number of service calls Responses to thefts, vehicle burglaries, damage to vehicles, traffic-related incidents, and crimes against persons are anticipated to result from an increase in traffic on adjacent streets and an increase in transient occupancy (2) ESPD has not identified any need for new or altered facilities that would be required to serve development permitted under the proposed Sepulveda/Rosecrans Site Rezoning Therefore, impacts to police services associated with development of the proposed Sepulveda/Rosecrans Rezoning Site would be less than significant In addition, development permitted under the proposed Sepulveda/Rosecrans Site Rezoning would be required to pay the required Police Service Mitigation Fee, which has been set by the City at a level which reflects the impacts on police services caused by new development Plaza FI Se(lundo (3) Because the full development permitted under the proposed Sepulveda/Rosecrans Rezoning would not significantly impact police services, the proposed Plaza EI Segundo would also result in less than significant impacts on police services The proposed Plaza El Segundo Development would incorporate a security plan into the project design, to include visible building addresses, limited entrances and exits, low profile landscaping, adequate lighting, and provisions for security personnel The security plan would work to reduce crime and thus reduce police service calls and need for new or physically altered police facilities Additionally, as stated above, payment of the Police Service Mitigation Fee, which has been set by the City at a level which reflects the impacts on police services caused by new development, would also be required b) SubseQuent Environmental Documentation (1) No subsequent environmental documentation is required c) Mitigation Seoulveda/Rosecrans Site Rezoninq Although impacts of the proposed Sepulveda/Rosecrans Site Rezoning would be less than significant with respect to police facilities, the City of El Segundo imposes the following standard conditions of project approval to offset project impacts 51 100 (1) The applicant must pay the City of EI Segundo a Police Service Mitigation Fee of $0 11 per gross square foot of building area prior to the occupancy of each building (K 2-1) (2) A strategic security plan, which must include definitive plans and specifications, must be submitted to the El Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development The strategic security plan must include, but not be limited to, the following items • Depending on the size of the structure and its location in relation to the streets, the size of the displayed address may vary from a minimum of 4"to as much as 24" Building entrances and exits must be limited in number and located in a manner to increase security and visibility of the building. • All landscaping must be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access • Adequate street, walkway, building and parking lot lighting shall be provided to enhance security Provisions for on-site security personnel (K 2-2) Plaza EI Seclundo Although impacts of the proposed Plaza EI Segundo Development would be less than significant with respect to police facilities, the City of EI Segundo imposes the following standard conditions of project approval to offset project impacts (3) The applicant must pay the City of EI Segundo a Police Service Mitigation Fee of $0 11 per gross square foot of building area prior to the occupancy of each building (K 2-3) (4) A strategic security plan, which must include definitive plans and specifications, must be submitted to the EI Segundo Police Department (ESPD) for review and approval prior to commencement of construction of any portion of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development The strategic security plan must include, but not be limited to, the following items Depending on the size of the structure and its location in relation to the streets, the size of the displayed address may vary from a minimum of 4" to as much as 24" 52 101 Building entrances and exits must be limited to keep control and visibility of the budding All landscaping must be low profile especially around perimeter fencing, windows, doors and entryways taking special care not to limit visibility and provide climbing access Adequate street, walkway, building and parking lot lighting must be provided to enhance security Provisions for on-site security personnel (K 2-4) d) Findinos (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to police protection (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza El Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FE(R. 12 Transoortation and Traffic a) FactslEffects Seoulveda/Rosecrans Site Rezonina (1) The proposed Sepulveda/Rosecrans Site Rezoning would significantly impact 13 intersections during the a m peak hour, p m peak hour or Saturday mid-day peak hour (or combinations of the above) (2) The Sepulveda/Rosecrans Site Rezoning is estimated to contribute approximately 240 trips in the southbound direction on the San Diego Freeway between the 1-105 interchange and El Segundo Boulevard During the afternoon peak hour, this number of trips would cause the D/C ratio to increase by 0 02, with a resulting LOS of F(0), which would constitute a significant impact at this location The remaining freeway segments would not be significantly impacted by the proposed Sepulveda/Rosecrans Site Rezoning Plaza EI Seaiundo (3) The proposed Plaza El Segundo Development would significantly impact a total of seven intersections during the a m 53 102 peak hour, p m peak hour or Saturday mid-day peak hour (or combinations of the above) (4) The proposed Plaza El Segundo Development is estimated to contribute approximately 162 trips in the southbound direction on the San Diego Freeway between the 1-105 interchange and EI Segundo Boulevard During the afternoon peak hour, this number of trips would cause the D/C ratio to increase by 0 01, with a resulting LOS of F(0), which would be a less than significant impact at this location The remaining freeway segments would not be significantly impacted by the proposed Plaza EI Segundo Development b) Subseauent Environmental Documentation (1) No subsequent environmental documentation is required C) Mitiaabon Sepulveda/Rosecrans Site Rezoning The following mitigation measures are required to reduce traffic impacts from the full implementation of the proposed C-4 zone under the Sepulveda/Rosecrans Site Rezoning Physical Roadway Improvements (1) EI Segundo Boulevard and Seoulveda Boulevard Convert the existing eastbound right-turn only lane to a shared through/right-turn lane There exists three receiving lanes on the east leg of the intersection In addition, modify the raised center median to convert the westbound shared through left-turn lane to a dedicated second left turn lane and additional through lane (L- 1) (2) EI Segundo Boulevard and Aviation Boulevard Not required for Plaza El Segundo Reduced Traffic Generation Alternative (3) Park Place and Nash Street Provide a new traffic signal at this location Widen and restrnpe the eastbound and westbound directions to provide one left-turn lane, one through lane, and one right-turn only lane (L-3) (4) Park Place and Douglas Street Provide a new traffic signal at this location (L-4) (5) Rosecrans Avenue and Sepulveda Boulevard On the westbound approach of Rosecrans Avenue dedicate additional right-of-way on the north side of Rosecrans Avenue to provide a free flow right-turn lane and third left-turn lane Sepulveda Boulevard south of Rosecrans Avenue may need to be widened to accommodate the third left-turn lane, depending on the specific design of this lane This widening could take place within the 54 103 existing Sepulveda Boulevard right-of-way Widen the east side of Sepulveda Boulevard along the project frontage to provide the acceptance lane for the free westbound right-turn lane This additional lane on Sepulveda should be improved to the new Park Place connection where a right turn lane will be provided This intersection's jurisdiction is shared with Manhattan Beach and Caltrans Coordination and concurrence of these agencies for implementation of these improvements would be required (L-5) (6) Rosecrans Avenue and Continental Wav Not required for Plaza EI Segundo Reduced Traffic Generation Alternative (7) Rosecrans Avenue and Douglas Street On the westbound approach, widen the north side of Rosecrans Avenue to provide a dedicated westbound right-turn lane This intersection's jurisdiction is shared with Manhattan Beach Coordination and concurrence of this agency for implementation of this improvement would be required This improvement is included as part of the current Rosecrans/Aviation Widening (discussed under "Future Highway System Improvements") but will be guaranteed by the project (L-7) Site Trip Reductions (8) Project applicants must promote rideshare programs (bikes, rideshare matching and transit options) as required by the City of El Segundo Transportation Demand Management Program (TDM) In addition to the traditional TDM program, project applicants must promote access to the Commute View System which is being implemented by the City to provide information on congested routes to provide additional trip reduction measures The Commute View System is an advanced traveler information system which provides real time travel time information, incident information, and general traffic conditions through a variety of devices such as the cable, internet, cell phone and wireless PDA This will provide commuters the ability to make informed decisions regarding the route, time of travel and mode of transportation Project applicants must include or share in a transit connection system to promote use of the existing Metro Green Line service, remote employee lot during seasonal peaks and local circulator service Based upon estimate usage patterns and trial studies, an approximately three percent reduction in trips to and from the site during peak periods is anticipated with these enhancements (L-8) Intelligent Transportation Systems Connections/Upgrades (9) The South Bay area will be enhanced with an area-wide signal system upgrade prior to project completion in 2012 This system is already funded and will be implemented with or without the proposed project The improvement will provide for intelligent transportation systems (ITS)which provide real time adjustment to signal timing based upon current conditions thereby increasing capacity along major corridors ITS system enhancements are 55 104 currently being tested and evaluated which provide further enhanced capacity These enhancements provide advanced communication upgrades to the users of the roadway systems Items include Advanced Traveler Information System (ATIS) and Advanced Traffic Management Systems (ATMS) ATIS provides commuters with information to make route and time of day decisions The enhanced ATIS system that would be included within the South Bay ITS system will enable private sector partners to disseminate freeway and arterial traffic information to the public via paid subscription services ATMS manages the traffic system on surrounding streets Applicants for development projects within the proposed Sepulveda/Rosecrans Rezoning Site must provide for connectivity to the systems described above Project applicants must provide access to information disseminated by the ATIS system to patrons and employees by including at least one television monitor or equivalent equipment that is compatible with and connected to the ATIS system and that displays current commuter information from the ATIS system during all hours that the development is open for business, The monitor or equivalent equipment shall be placed in a centralized location within the development, shall be specifically identified on directory maps of the facility, shall be specifically and clearly identified as the location for obtaining current travel information and shall be identified elsewhere throughout the development with signage that directs patrons to the location Project applicants must also facilitate dissemination of information provided by the ATIS system to project employees by working with project tenants to offer fully or partially subsidized monthly subscriptions to employees (currently estimated at full cost of $5.00 per month per user) Project applicants (or successors in interest) must provide any new project tenant with information regarding subscription programs available to employees and costs thereof and shall encourage tenants to provide subsidized monthly subscriptions to their employees However, because there is no guarantee that subscription subsidies will be provided by future tenants of developments within the Sepulveda/Rosecrans Rezoning Site, no additional credit for these subscriptions can be taken except for the enhancements provided by the South Bay ITS system as presently designed (7%, see discussion under "Future Highway System Improvements" above) (L-9) Local Street-Freeway Inter-Ties (10) This mitigation measure is applicable to buildout of the Sepulveda/Rosecrans Rezoning Site beyond the Plaza EI Segundo Project Development Applicants for development projects within the Sepulveda/Rosecrans Rezoning Site (excluding the Plaza El Segundo Project) shall fund or construct upgrades and enhancements to the EI Segundo and/or South Bay ITS systems, and/or the Caltrans ITS system that singly or in combination cause an increase of 3% in the capacity of the street 56 105 system served by these ITS systems The 3% increase shall be measured from the calculated capacity of the system based upon existing lane configurations, plus a 10% increase on street in the City of El Segundo, and 7% increase on streets outside the City of El Segundo to reflect the EI Segundo and South Bay ITS systems, respectively The upgrades/enhancements shall be selected from the following menu and approved by the relevant jurisdictional agency expansion of the fiber optic communication system, expansion of wireless communication components, provision of software components, supplemental advance system detectors, changeable message signs, closed circuit television cameras, or any other reasonably feasible upgrade or enhancement approved by the relevant jurisdictional agency The applicant shall participate in any applicable fair share fee mitigation program that will otherwise fund the foregoing upgrades/enhancements and shall receive credit for all fair share payments (L-10) Project parkrnglegress information system for key access/egress corridors (11) Project applicants must provide parking/egress information systems in the manner of Changeable Message Signs (CMS) along key access/egress corridors of Sepulveda Boulevard, Rosecrans Avenue, and Park Place Currently, Los Angeles County is installing CMS on major streets in the South Bay area and locations for additional CMS would be identified in coordination with Los Angeles County A centrally located kiosk system must be included in project design that can disseminate roadway conditions along the major routes This information would be utilized by the employee or patron to determine the least congested access/egress route to/from the project, thereby minimizing delay on the roadway systems Based upon recent studies in the South Bay area under trial conditions, implementation of this measure is anticipated to improve capacity at the site adjacent intersections by three percent, along major corridors of Rosecrans Avenue, Sepulveda Boulevard, and EI Segundo Boulevard by two percent, and the balance of the study intersections by one percent (L-11) Plaza El Seciundo From the list of mitigation measures required to address the complete implementation of the C-4 zone on the proposed Sepulveda/Rosecrans Rezoning Site, the following specific mitigation measures must be required to address the traffic impacts of the proposed Plaza EI Segundo Development Physical Roadway improvements (12) EI Segundo Boulevard and Seoulvrda Boulevard — Convert the existing eastbound right-turn only lane to a shared through/right-turn lane There exists three receiving lanes on the east leg of the intersection In addition, modify the raised center 57 106 median to convert the westbound shared through left-turn lane to a dedicated second left tum lane and additional through lane (L- 13) (13) FI Segundo Boulevard and Aviation Boulevard - Not required for Plaza EI Segundo Reduced Traffic Generation Alternative (14) Rosecrans Avenue and Sepulveda Boulevard -- On the westbound approach of Rosecrans Avenue dedicate additional right-of-way on the north side of Rosecrans Avenue to provide a free flow right-turn lane Widen the east side of Sepulveda Boulevard along the project frontage to provide the acceptance lane for the free westbound right-turn lane This additional lane on Sepulveda should be improved to the new Park Place connection where a right turn lane will be provided This intersection's jurisdiction is shared with Manhattan Beach and Caltrans Coordination and concurrence of these agencies for implementation of these improvements would be required (L-15) (15) Rosecrans Avenue and Continental Wav- Not required for Plaza EI Segundo Reduced Traffic Generation, Site Trip Reductions (16) The project applicant must promote rideshare programs (bikes, rideshare matching, and transit options) as required by the City of El Segundo Transportation Demand Management Program (TDM) In addition to the traditional TDM program and to provide additional trip reduction measures, the project applicant must promote access to the Commuter View System which is being implemented by the City to provide information on congested routes The project applicant must provide a transit connection system that may be shared with other nearby retail projects to promote use of the existing Metro Green Line service, remote employee lot during seasonal peaks and local circulator service Based upon typical usage patterns, an approximately three percent reduction in trips to and from the site during peak periods is anticipated with these enhancements (L-17) Intelligent Transportation System Connections/Upgrades (17) The South Bay area will be enhanced with an area-wide signal system upgrade prior to project completion in 2012 This system is already funded and will be implemented with or without the proposed project The improvement will provide for intelligent transportation systems (ITS)which provide real time adjustment to signal timing based upon current conditions thereby increasing capacity along major corridors ITS system enhancements are currently being tested and evaluated which provide further enhanced capacity These enhancements provide advanced communication upgrades to the users of the roadway systems Items include Advanced Traveler Information System (ATIS) and 58 107 Advanced Traffic Management Systems (ATMS) ATIS provides commuters with information to make route and time of day decisions The enhanced ATIS system that would be included within the South Bay ITS system will enable private sector partners to disseminate freeway and arterial traffic information to the public via paid subscription services ATMS manages the traffic system on surrounding streets Applicants for development projects within the proposed Sepulveda/Rosecrans Rezoning Site must provide for connectivity to the systems described above Project applicants must provide access to information disseminated by the ATIS system to patrons and employees by including at least one television monitor or equivalent equipment that is compatible with and connected to the ATIS system and that displays current commuter information from the ATIS system during all hours that the development is open for business The monitor or equivalent equipment shall be placed in a centralized location within the development, shall be specifically identified on directory maps of the facility, shall be specifically and clearly identified as the location for obtaining current travel information and shall be identified elsewhere throughout the development with signage that directs patrons to the location Project applicants must also facilitate dissemination of information provided by the ATIS system to project employees by working with project tenants to offer fully or partially subsidized monthly subscriptions to employees (currently estimated at full cost of $5 00 per month per user) Project applicants (or successors in interest) must provide any new project tenant with information regarding subscription programs available to employees and costs thereof and shall encourage tenants to provide subsidized monthly subscriptions to their employees However, because there is no guarantee that subscription subsidies will be provided by future tenants of developments within the Sepulveda/Rosecrans Rezoning Site, no additional credit for these subscriptions can be taken except for the enhancements provided by the South Bay ITS system as presently designed (7%, see discussion under "Future Highway System Improvements"above) (L-18) d) Findinas (1) Implementation of the mitigation measures would reduce traffic-related impacts from Sepulveda/Rosecrans Site Rezoning to less than significant levels with the exception of EI Segundo Boulevard and Sepulveda Boulevard during the p m peak haur' and Rosecrans Avenue and Aviation Boulevard for the Saturday mid-day peak hour (2) In addition, improvements at three intersections require coordination and concurrence of Caltrans and/or other agencies for the Sepulveda/Rosecrans Site Rezoning In the event that the concurrence of other jurisdictions cannot be obtained, impacts at these intersections would be significant and unavoidable 59 108 (3) Implementation of the mitigation measures would reduce traffic-related impacts from the Plaza EI Segundo Development to less than significant levels with the exception of the intersection of EI Segundo Boulevard and Sepulveda Boulevard (4) In addition, improvements at two intersections require coordination and concurrence of Caltrans and/or other agencies for the Plaza EI Segundo Development In the event that the concurrence of other jurisdictions cannot be obtained, impacts at these intersections would be significant and unavoidable (5) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to transportation and traffic (6) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (7) If mitigation is not adopted by the other junsdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 13 Utilities - Sewer a) 1'acts/Effects Sepulveda/Rosecrans Site Rezonina (1) The estimated sewage generation associated with the proposed Sepulveda/Rosecrans Site Rezoning would be 242,750 gpd Sewage generation would be associated with the proposed Plaza El Segundo uses and additional development up to the levels permitted under the proposed C-4 zone Continuation of the existing lumber yard in its current location would not result in any net change in sewage generation from this use The production process associated with the industrial gas production facility permitted under the proposed C-4 zone does not generate sewage Expansion of the existing RV storage facility onto the proposed Sepulveda/Rosecrans Rezoning Site would not involve generation of sewage As such, these facilities would not require additional infrastructure or generate demand for sewage conveyance and treatment (2) As there is no sewer infrastructure directly serving the Sepulveda/Rosecrans Rezoning Site, a significant impact to sewage service would be created unless it is mitigated by the 60 109 addition of sewer infrastructure directly serving the Sepulveda/Rosecrans Rezoning Site (3) Additionally, a large portion of the site is not located within County Sanitation Districts of Los Angeles County jurisdiction, and would therefore need to be annexed into County Sanitation District 5 prior to project approval Upon annexation, local sewer infrastructure would cavy sewage to County Sanitation Districts of Los Angeles County infrastructure and ultimately to the JWPCP According to the Los Angeles County Sanitation Districts, sewer service will be provided up to the levels legally permitted Because JWPCP has sufficient treatment capacity to accommodate the sewage flows associated with the existing development, there would be no impacts associated with sewage treatment Once the necessary infrastructure is established in conjunction with development that occurs within the proposed Sepulveda/Rosecrans Rezoning Site in accordance with the proposed C-4 zone, there would be a less than significant impact on sewer capacity and treatment services Plaza El Seaundo (4) The analysis regarding sewer service and infrastructure within the Plaza El Segundo Development site is in accordance with the mitigation measure for the Sepulveda/Rosecrans Rezoning that requires project specific evaluation of potential sewer impacts and no further analysis beyond that set forth in the following mitigation measures is required The analysis demonstrates that this component of the proposed Sepulveda/Rosecrans Site Rezoning would not result in new effects related to sewer service and infrastructure that were not examined in the Program EIR for the proposed Sepulveda/Rosecrans Site Rezoning (5) The proposed Plaza El Segundo would generate an estimated 104,625 gpd of sewage As there is no sewer infrastructure directly serving the Plaza EI Segundo site, the proposed Plaza EI Segundo would include the construction of sewer infrastructure providing sufficient capacity to handle sewage flows that would be generated by the proposed Plaza El Segundo According to the Los Angeles County Sanitation Districts, sewer service will be provided up to the levels legally permitted Because JWPCP has sufficient treatment capacity to accommodate the sewage flows associated with the existing development, there would be no impacts associated with sewage capacity or treatment Once the necessary infrastructure is constructed, there would be a less than significant impact on sewer capacity and treatment services b) Subsequent Environmental Documentation Seoulveda/Rosecrans Site Rezonino 61 110 Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda/Rosecrans Rezoning Site This information must be examined, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation must include the following (1) An analysis of sewer service to the proposed development must be prepared which examines the capacity of existing sewer lines to serve the development, the projected peak sewage generation and must identify new sewer infrastructure required to serve the development(M-1 1) C) Mitigation Sepulveda/Rcsec; ans Site Rezoninq The following mitigation measures are required for the proposed Sepulveda/Rosecrans Site Rezoning to ensure compliance with all code and ordinance requirements (1) An analysis of sewer service to the proposed development must be prepared which examines the capacity of existing sewer lines to serve the development, the projected peak sewage generation, and must identify new sewer infrastructure required to serve the development (M 1-1) (2) The Sepulveda/Rosecrans Rezoning Site must be annexed to Los Angeles County Sanitation District No 5 (M 1-2), (3) Project applicants must be required to obtain a sewer connection permit from the Los Angeles County Sanitation Districts (District 5)to obtain sanitary sewer service (M 1-3) (4) Additional local sewer infrastructure must be provided by the applicant as necessary to connect the Sepulveda/Rosecrans Rezoning Site with existing sewer infrastructure This provision must be coordinated with the project applicant and may be the partial responsibility of the applicant, as determined by the City (M-1 4), (5) The applicant must be required to replace or upgrade the sewer infrastructure on or adjacent to the Sepulveda/Rosecrans Rezoning Site, as needed (M-1 5) (6) Project applicants must comply with the City's Sewer Ordinance No 1093, of the City of El Segundo Municipal Code, Title 12, Chapter I General Provisions, Policies and Procedures (M-1.6). (7) Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo 62 111 Planning and Budding Safety Development Services Department and the Public Works Department for review and approval (M-1 7) (8) Closed circuit television (CCN) inspection of existing on- site and adjacent off-site sewer mains must be conducted to determine the present condition of the infrastructure which the Sepulveda/Rosecrans Site Rezoning project will connect to (M- 18) (9) All future developments must be discharged to the existing twelve-inch sanitary sewer main in Rosecrans Avenue (M-1 9) (10) New businesses that that generate Fats, Oils, or Greases (e g , restaurants and grocery stores) must be required to install grease interceptors with a minimum 30 minute retention period to ensure these contaminants do not block the sewerage system (M- 1 10) Plaza El Segundo The following mitigation measures are required for the proposed Plaza EI Segundo Development to ensure compliance with all code and ordinance requirements (11) The Sepulveda/Rosecrans Rezoning Site must be annexed to Los Angeles County Sanitation District No 5 (M-1 11) (12) The project applicant must be required to obtain a sewer connection permit from the Los Angeles County Sanitation Districts (District 5)to obtain sanitary sewer service (M-1 12) (13) Additional local sewer infrastructure must be provided by the applicant as necessary to connect the Plaza EI Segundo Site with existing sewer infrastructure This provision must be coordinated with the project applicant and may be the partial responsibility of the applicant, as determined by the City(M-1,13) (14) The existing 15-inch sanitary sewer line must be removed and replaced with an 18-inch line Plans must identify point of connection for the proposed ten-inch sanitary sewer to the existing sanitary sewer main on Allied Way(M-1 14) (15) Project applicants must comply with the City's Sewer Ordinance No 1093, of the City of EI Segundo Municipal Code, Title 12, Chapter I General Provisions, Policies and Procedures (M-1 15) (16) Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of EI Segundo Planning and Building Safety Department and the Public Works Department for review and approval (M-1 16) (17) Closed circuit television (CCN) inspection of existing on- site and adjacent off-site sewer mains must be conducted to 63 112 determine the present condition of the infrastructure which the Sepulveda/Rosecrans Site Rezoning project will connect to (M- 1 17) (18) New businesses that that generate Fats, Oils, or Greases (e g , restaurants and grocery stores) must be required to install grease interceptors with a minimum 30 minute retention period to ensure these contaminants do not block the sewerage system (M- 1 18) d) Findmas (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza El Segundo Development with respect to sewer facilities (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR (3) If mitigation is not adopted by the other jurisdiction(s), the impact would remain significant and unavoidable and the City Council this includes the impact within the ambit of the Statement of Overriding Considerations (SOC) 14 Utilities -Water. a) Facts/effects Sepulveda/Rosecrans Site Rezonina (1) The estimated water consumption associated with the proposed Sepulveda/Rosecrans Site Rezoning would be 291,300 gpd Continuation of the existing lumber yard in its current location would not result in any net change in water consumption from this use The production process associated with the industrial gas production facility permitted under the proposed C-4 zone does not use water Expansion of the existing RV storage facility onto the proposed Sepulveda/Rosecrans Rezoning Site would not involve additional water consumption As such, these facilities would not require additional infrastructure or generate demand for water supply or infrastructure Given the anticipated land uses at the Sepulveda/Rosecrans Rezoning and Site, and the water consumption rate of 291,300 gpd, impacts to water supply would be less than significant (2) As minimal water distribution infrastructure exists on the Sepulveda/Rosecrans Rezoning Site, provision of water supply infrastructure would be included in development permitted under the proposed C-4 zone Additional water infrastructure would be 64 113 required to serve future development within the Sepulveda/Rosecrans Rezoning Site Additionally, because new infrastructure is required to adequately serve the Sepulveda/Rosecrans Rezoning Site, temporary disruptions may occur, lasting up to four hours at a time, during construction of new infrastructure and subsequent connection As the proposed Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development requires the expansion of existing water infrastructure, a significant impact to water service would occur (3) A water needs assessment determined that the City of El Segundo has sufficient water supplies to supply to proposed project Plaza El Seaundo (4) The analysis provided below regarding water service and infrastructure within the Plaza EI Segundo Development site is in accordance with the measures for the Sepulveda/Rosecrans Site Rezoning that require project specific evaluation of potential water service impacts and no further analysis of this issue is required beyond that set forth in the following paragraphs, would be required for the Plaza EI Segundo Development The analysis demonstrates that this component of the proposed Sepulveda/Rosecrans Site Rezoning would not result in new effects related to water service and infrastructure that were not examined in the Program EIR for the proposed Sepulveda/Rosecrans Site Rezoning (5) The proposed Plaza EI Segundo would consume an estimated 125,550 gpd of water The Department of Public Works has sufficient water to supply the proposed Plaza EI Segundo Development's estimated demands at the site Impacts to water supply would therefore be less than significant (6) As minimal water distribution infrastructure exists on the Plaza EI Segundo site, provision of required infrastructure would be included as part of the proposed Plaza EI Segundo Development Additionally, because new infrastructure is required to adequately serve the Plaza El Segundo site, temporary disruptions may occur, lasting up to four hours at a time, during construction of new infrastructure and subsequent connection As the proposed Plaza EI Segundo Development requires the expansion of existing water infrastructure, a significant impact to water service would occur (7) Development of the proposed Plaza EI Segundo would implement the proposed C-4 zoning on a portion of the proposed Sepulveda/Rosecrans Rezontrng Site and would be within the parameters used to develop the water supply assessment for the proposed Sepulveda/Rosecrans Site Rezoning 65 114 b) Subsequent Environmental Documentation Sepulveda/Rosecrans Site Rezoninq Subsequent environmental documentation shall be prepared for development projects proposed to be constructed on the Sepulveda/Rosecrans Rezoning Site This information shall be examined, at the time the development project is proposed, in light of the Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration The subsequent environmental documentation shall include the following (1) An analysis of water service to the proposed development must be prepared which examines the capacity of existing water lines to serve the development and the projected water demand and must identify new water infrastructure required to serve the development (M 2-1) C) Mitiaation Sepulveda/Rosecrans Site Rer_onina The following mitigation measures must be implemented to address significant impacts related to water distribution infrastructure (1) An analysis of water service to the proposed development must be prepared which examines the capacity of existing water lines to serve the development and the projected water demand and must identify new water infrastructure required to serve the development(M 2-1) (2) New streets must be connected through the Sepulveda/Rosecrans Rezoning Site to adjacent existing streets, with no gaps or disconnects, so as to allow connections to existing infrastructure contained in the existing streets (M 2-2) (3) Water distribution mains must be installed in the through streets in order to complete the existing water grid and provide water distribution to the interior of the Sepulveda/Rosecrans Rezoning Site Connecting pipes should be a minimum of ten inches (M 2-3) (4) New water Imes must be connected to the existing water line located in Allied Way to provide a continuous public water line beginning from Sepulveda Boulevard to an existing line to Allied Way (M 2-4) (5) Development on the proposed Sepulveda/Rosecrans Rezoning Site must include dual water connections to allow for landscaping to be irrigated by reclaimed water(M 2-5) 66 115 (6) Reclaimed water must be used as the water source to irrigate landscaped areas on the Sepulveda/Rosecrans Rezoning Site (M 2-6) (7) Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e g drip irrigation, automatic sprinklers equipped with moisture sensors) (M 2-7) (8) Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscape irrigation (M 2-8) (9) Selection of drought-tolerant, low water consuming plant varieties must be used to reduce irrigation water consumption (M 2-9) (10) Project applicants must comply with the City's Conservation Program, Ordinance No 1194, of the City of El Segundo Municipal Code, Title 10-Parks and Recreation, Chapter 2 Water Conservation in Landscaping and Resolution No 3806 (M 2-10) + Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of EI Segundo Planning and Building Safety Department for review and approval relative to compliance with the City's Water Conservation Ordinance and Guidelines for Water Conservation in Landscaping 'laza El Seaundo The following mitigation measures shall be implemented to address significant impacts related to water distribution infrastructure (11) Water distribution mains must be installed in the eastward extension of Park Place and the extension of Allied Way to Park Place in order to complete the existing water grid and provide water distribution to the interior of the Plaza EI Segundo site Connecting pipes must be a minimum of ten inches (M 2-11). (12) Development on the proposed Plaza EI Segundo Site must include dual water connections to allow for landscaping to be irrigated by reclaimed water(M 2-12) (13) Reclaimed water must be used as the water source to irrigate landscaped areas on the Plaza EI Segundo Development (M 2-13) 67 116 (14) Efficient irrigation systems must be installed which minimize runoff and evaporation and maximize the water which will reach plant roots (e g, drip irrigation, automatic sprinklers equipped with moisture sensors) (M 2-14) (15) Automatic sprinkler systems must be set to irrigate landscaping during early morning hours or during the evening to reduce water losses from evaporation Sprinklers must also be reset to water less often in cooler months and during the rainfall season so that water is not wasted by excessive landscape irrigation (M 2-15) (16) Selection of drought-tolerant, low water consuming plant varieties must be used to reduce irrigation water consumption (M 2-16) (17) The project applicant must comply with the City's Conservation Program, Ordinance No 1194, of the City of EI Segundo Municipal Code, Title 10-Parks and Recreation, Chapter 2 Water Conservation in Landscaping and Resolution No 3806 • Prior to a building permit being issued the project applicant must submit the Final Working Drawings to the City of El Segundo Planning and Budding Safety Department for review and approval relative to compliance with the City's Water Conservation Ordinance and Guidelines for Wates Conservation in Landscaping (M 2-17) d) Findinvs (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to water service (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR 15 Utilities—Solid Waste a) Facts/effects Seou€vela/Rosecrans Site Rezoning (1) The existing structures on the Sepulveda/Rosecrans Rezoning Site have been or are in the process of being demolished Approximately 75 percent of the solid waste generated during construction as a result of the Rezoning has been recycled and salvaged Through the remainder of construction such solid waste would continue to be recycled and 68 117 salvaged at this rate Materials not recycled would be disposed of at local landfills The amount of solid waste generated by the construction of the Sepulveda/Rosecrans Site Rezoning project would not be significant as it would not create a need for new facilities, systems or supplies, or substantial alterations to local or regional solid waste disposal facilities (2) The estimated solid waste generation associated with the proposed Sepulveda/Rosecrans Site Rezoning would be approximately 4,250 pounds per day Continuation of the existing lumber yard in its current location would not result in any net change in solid waste generation The production process associated with the industrial gas production facility permitted under the proposed C-4 zone does not generate solid waste Expansion of the existing RV storage facility onto the proposed Sepulveda/Rosecrans Rezoning Site would not involve additional solid waste generation As such, these facilities would not generate demand for solid waste disposal facilities (3) Although existing landfills in Los Angeles County are near capacity, potential landfill expansion could accommodate the projected growth for the region The Sepulveda/Rosecrans Rezoning Site would be required to comply with the City's SSRP, which the City has implemented as a means of achieving the goals and requirements of AB 939 Therefore, long term operational impacts to landfills and solid waste service would be less than significant Plaza EI Seaundo (4) With the recycling of most of the solid waste generated by the construction phase of the Plaza EI Segundo, short-term construction impacts to landfills and solid waste service would be less than significant (5) The development at Plaza El Segundo would generate approximately 2,125 pounds of solid waste per day Solid waste generated on-site would be disposed in accordance with all applicable federal, state and local regulations related to solid waste The Plaza EI Segundo site would be required to comply with the City's SSRP, which the City has implemented as a means of achieving the goals and requirements of AB 939 Therefore, long term operational impacts to landfills and solid waste service would be less than significant b) SUbSeOLIent Environmental Documentatton (1) No subsequent environmental documentation is required C) Mrtipation Sepulveda/Rosecrans Site Rezornnca 69 118 Development of the proposed Sepulveda/Rosecrans Site Rezoning project must comply with all applicable City, County, and State requirements regulating solid waste disposal Cumulative impact is the responsibility of local, regional, and state agencies and therefore no project level mitigation measures are available The City of El Segundo imposes the following standard conditions of project approval to offset project impacts (1) Where economically feasible, the proposed Sepulveda/Rosecrans Site Rezoning project must incorporate the use of recycled materials in budding materials, furnishing operations and building maintenance (M 3-1) (2) The proposed Sepulveda/Rosecrans Site Rezoning project must recycle all construction debris in a practical, available, and accessible manner, to the maximum extent feasible, during the demolition and construction phases (M 3-2) (3) The design of the proposed Sepulveda/Rosecrans Site Rezoning project must allocate space for a recycling collection area for use by both on-site employees and visitors, the design of which will adhere to siting requirements in the City's recycling ordinance The design of the collection area will facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future (M 3-3) Plaza El Scoundo (4) Where economically feasible, the proposed Plaza El Segundo Development must incorporate the use of recycled materials in building materials, furnishing operations and building maintenance (M 3-4) (5) The proposed Plaza EI Segundo Development must recycle all construction debris in a practical, available, and accessible manner, to the maximum extent feasible, during the demolition and construction phases (M 3-5) (6) The design of the proposed Plaza EI Segundo Development must allocate space for a recycling collection area for use by both on-site employees and visitors, the design of which will adhere to siting requirements in the City's recycling ordinance The design of the collection area will facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future (M 3-6) d) Findings (1) 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 Rosecrans/Sepulveda Site Rezoning and plaza EI Segundo Development with respect to solid waste 70 119 (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR 16 Utilities—Natural Gas a) Facts/effects Sepulveda/Rosecrans Site Rezoning (1) The estimated natural gas consumption associated with the proposed Sepulveda/Rosecrans Site Rezoning would be approximately 82,166 cf per day Continuation of the existing lumber yard In its current location would not result in any net change in natural gas consumption The production process associated with the industrial gas production facility would utilize less natural gas than the existing Air Products facility located within the proposed Sepulveda/Rosecrans Rezoning Site. Expansion of the existing RV storage facility onto the proposed Sepulveda/Rosecrans Rezoning Site would not involve additional natural gas consumption As such, these facilities would not generate additional demand on natural gas supplies and infrastructure According to the Southern California Gas Company, the demand for natural gas of the proposed Sepulveda/Rosecrans Site Rezoning can be accommodated by the existing natural gas supply available and infrastructure in the project area Therefore, natural gas impacts from the development of the proposed Sepulveda/Rosecrans Site Rezoning would be less than significant Plaza EI Seaundo (2) The estimated natural gas consumption by the Plaza EI Segundo is approximately 41,083 cf per day According to the Southern California Gas Company, the demand for natural gas at the Plaza EI Segundo can be accommodated by the existing natural gas supply available and infrastructure in the project area Therefore, natural gas impacts from the development of the proposed Plaza EI Segundo would be less than significant b) Subseauent Environmental Documentation (1) No subsequent environmental documentation is required C) Mitioation Sepulveda/Rosecrans Site Rezornna (1) As no significant natural gas service impacts have been identified, no mitigation measures are required Plaza El Seaundo 71 120 (2) As no significant natural gas service impacts have been identified, no mitigation measures are required d) Findmas (1) The City Council finds that the FOR and the record of proceedings do not identify or contain substantial evidence identifying significant environmental effects of the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to natural gas service/supply 17 UWities --Etectricity a) Factsfeffects Sepulveda/Rosecrans Site Rezonna. (1) The estimated electricity consumption associated with the proposed Sepulveda/Rosecrans Site Rezoning would be approximately 39,321 kilowatt hours (kwh) per day Continuation of the existing lumber yard in its current location would not result in any net change in electricity consumption The production process associated with the industrial gas production facility would utilize less electricity than the existing Air Products facility located within the proposed Sepulveda/Rosecrans Rezoning Site Expansion of the existing RV storage facility onto the proposed Sepulveda/Rosecrans Rezoning Site would not involve additional electricity consumption As such, these facilities would not generate additional demand on electricity supplies and infrastructure SCE has indicated that they can accommodate the electricity demands of the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo project Therefore, impacts related to electricity would be less than significant Piaza El Senundo (2) The estimated electricity consumption by the Plaza EI Segundo is approximately 23,544 kwh per day SCE has indicated that they can accommodate the electricity demands of the proposed Plaza EI Segundo Therefore, impacts related to electricity would be less than significant b) Subseouent Environmental Docurnentation (1) No subsequent environmental documentation is required C) Mitaoation Sepulveda/Rosecrans Site Rezonin❑ Although the proposed Sepulveda/Rosecrans Site Rezoning project would not result in any significant electricity impacts, the City of EI Segundo imposes the following standard conditions of project approval to offset project impacts 72 121 (1) The applicant must consult with SCE during the design process of the proposed Sepulveda/Rosecrans Site Rezoning project regarding potential energy conservation measures for the project Examples of such energy conservation measures include 43 Design windows (i e , tinting, double pane glass, etc) to reduce thermal gain and loss and thus cooling loads during warm weather, and heating loads during cool weather • Install thermal insulation in walls and ceilings that exceed requirements established by the State of California Energy Conservation Standards • Install high-efficiency lamps for all internal streetlights and outdoor security lighting • Time control interior and exterior lighting These systems must be programmed to account for variations in seasonal daylight times • Finish exterior walls with light-colored materials and hsgh- emissivity characteristics to reduce cooling loads Finish interior walls with light-colored materials to reflect more light and thus increase lighting efficiency(M 5-1) (2) All on-site electrical lines must be placed underground, except for high voltage transmission lines located along Rosecrans Avenue (M 5-2) (3) Electrical transformers must be screened from view from the public right-of-way(M 5-3) Plaza EI Segundo Although the proposed Plaza El Segundo Development would not result in any significant electricity impacts, the City of EI Segundo imposes the following standard conditions of project approval to offset project impacts (4) The applicant must consult with SCE during the design process of the proposed Plaza EI Segundo Development regarding potential energy conservation measures for the project Examples of such energy conservation measures include • Design windows (e g , tinting, double pane glass, etc) to reduce thermal gain and loss and thus cooling loads during warm weather, and heating loads during cool weather • Install thermal insulation in walls and ceilings that exceed requirements established by the State of California Energy Conservation Standards 73 122 • Install high-efficiency lamps for all internal streetlights and outdoor security lighting Time control interior and exterior lighting These systems must be programmed to account for variations in seasonal daylight times Finish exterior walls with light-colored materials and high emissivity characteristics to reduce cooling loads Finish interior walls with light-colored materials to reflect more light and thus increase lighting efficiency(M 5-4) (5) All on-site electrical lines must be placed underground, except for high voltage transmission lines along Rosecrans Avenue (M 5-5) (6) Electrical transformers must be screened from view from the public right-of-way(M 5-6) d) Findincis (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to electricity (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development project which avoid or substantially lessen the significant environmental effect as identified in the FEIR 18 Cultural Resources a) Facts/effects SeoulvedalRosecrans Site Rezoninu (1) The Proposed Circulation Element Update Draft EIR requires analysis of potential impacts related to cultural resources for later projects that would implement the proposed Circulation Element Update The proposed connection of Park Place between Sepulveda Boulevard and Nash Street and connection of Paris Place to Hughes Way via Allied Way through the Sepulveda/Rosecrans Rezoning Site would constitute a project that implements the Circulation Element Update policies, The analysis provided below meets the requirement for a records search to be conducted prior to development of Circulation Element facilities within the Sepulveda/Rosecrans Site Based upon the analysis, construction of this component of the proposed Circulation Element Update would not result in new effects related 74 123 to cultural resources that were not examined in the Program EIR for the proposed Circulation Element Update (2) As no known archaeological resources are known to exist on the Sepulveda/Rosecrans Rezoning Site, no impacts to archaeological resources are anticipated as a result of future developments It is not anticipated that any developments on the Sepulveda/Rosecrans Rezoning Site would encounter archaeological resources during construction activities (3) No paleontological resources are known to exist on the Sepulveda/Rosecrans Rezoning Site Therefore, no impacts to paleontological resources are anticipated as a result of the proposed Sepulveda/Rosecrans Site Rezoning project (4) One historic resource has been identified on the Sepulveda/Rosecrans Rezoning Site This resource has been identified as the brass foundry foundation located on the H Kramer portion of the Sepulveda/Rosecrans Rezoning Site Future development on the H Kramer portion of the Sepulveda/Rosecrans Rezoning Site could significantly impact this resource Further evaluation is necessary to determine whether this resource is eligible for listing on the California or National Registers Plaza EI Seciundo (5) The records search provided above is in accordance with the mitigation measures for the Sepulveda/Rosecrans Site Rezoning that requires site specific evaluation of potential cultural resources issues and no further analysis of this is beyond that set forth in the preceding section would be required for the proposed Plaza El Segundo Development The analysis demonstrates that construction of this component of the proposed Sepulveda/Rosecrans Site Rezoning would not result in new effects related to cultural resources that were not examined in the Program EIR for the proposed Sepulveda/Rosecrans Site Rezoning (6) As no known archaeological resources are known to exist on the Plaza EI Segundo Site, no impacts to archaeological resources are anticipated Therefore, it is not anticipated that any archaeological resources would be encountered during construction activities associated with the Plaza EI Segundo (7) No paleontological resources are known to exist on the Plaza EI Segundo Site Therefore, no impacts to paleontological resources are anticipated as a result of the proposed Plaza EI Segundo Development (8) No historic resources have been identified on the Plaza EI Segundo Site All structures associated with the former industrial uses have been demolished and the Plaza EI Segundo site is 75 124 currently undergoing soil characterization Therefore, the Plaza EI Segundo Development would not impact any historic resources and no mitigation measures are required b) Subsequent Environmental Documentation. Sepulveda/Rosecrans Site Rezoning Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda/Rosecrans Rezoning Site The subsequent environmental documentation must include the following (1) A records search and/or Phase I Archaeological Survey must be conducted by a qualified archaeologist prior to the start of construction activities (including grading) for any development on the Sepulveda/Rosecrans Rezoning Site If the survey identifies resources within the construction area, follow on studies shall be conducted in accordance with the recommendations of the records search prior to commencement of construction (N-1) (2) Further analysis of Cultural Resource 19-186856 is required, that meets the requirements of CEQA Guidelines Section 15064 5(a)(2), to determine potential eligibility for the California or National Register of Historic Places prior to any construction activities occurring on the H Kramer portion of the Sepulveda/Rosecrans Rezoning Site If further analysis identifies that the resource is eligible, then the recommendations identified in that analysis must be followed (N-2) C) Mitioation Sepulveda/Rosecrans Site Rezonina The following mitigation measure must be required for any future development on the Sepulveda/Rosecrans Rezoning Site (1) A records search and/or Phase I Archaeological Survey must be conducted by a qualified archaeologist prior to the start of construction activities (including grading) for any development on the Sepulveda/Rosecrans Rezoning Site If the survey identifies resources within the construction area, follow on studies must be conducted in accordance with the recommendations of the records search prior to commencement of construction (N-1) (2) Further analysis of Cultural Resource 19-186856, that meets the requirements of CEQA Guidelines Section 15064 5(a)(2), is required to determine potential eligibility for the California or National Historic Register of Historic Piaces prior to any construction activities occurring on the H Kramer portion of the Sepulveda/Rosecrans Rezoning Site If further analysis identifies that the resource is eligible, then the recommendations identified in that analysis must be followed and measures identified to reduce impacts to less than significant levels (N-2) 76 125 (3) In the event that archaeological or paleontological resources are encountered during the course of grading or construction, all development must temporarily cease in these areas until the resources are properly assessed and subsequent recommendations are determined by a qualified archaeologist/paleontologist(N-3) Plaza EI Segundo (4) In the event that archaeological or paleontological resources are encountered during the course of grading or construction, all development must temporarily cease In these areas until the resources are properly assessed and subsequent recommendations are determined by a qualified archaeologist/paleontologist (N-4) d) Fmdinas (1) 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 Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development with respect to cultural resources (2) Changes or alterations have been required in, or incorporated into the Rosecrans/Sepulveda Site Rezoning and Plaza El Segundo Development protect which avoid or substantially lessen the significant environmental effect as identified in the FEIR D. Significant Unavoidable Effects that Cannot Be Mitictated to a Level of Inslanificance. The City Council finds that in response to each adverse impact identified below, changes or alterations have been required or incorporated in the Protect, which lessen the significant adverse environmental impact However, these impacts cannot be totally avoided or reduced to a level of insignificance d the Protect is implemented 1 Air Quality a) Facts/Effects Seuulveda/Rosecrans Site Rezoning Construction Emissions (1) Maximum daily emissions from a typical construction protect associated with the Proposed Sepulveda/Rosecrans Site Rezoning will exceed SCAQMD's daily thresholds for CO, ROG, NOx, and PM10 Therefore, emissions of these pollutants would result in significant short-term impacts (2) Between 2007 and 2012, emissions from construction activity may occur simultaneously with operational emissions 77 126 associated with the proposed Plaza EI Segundo Combined emissions would exceed the SCAQMD's thresholds for CO, ROG, NOx and PM10, which would constitute a significant impact Operational Emissions (3) Operation of the proposed Sepulveda/Rosecrans Site Rezoning in the buildout year of 2012 is anticipated to result in emissions that exceed the SCAQMD significance thresholds for four of the five cnteria pollutants CO, PM10, ROG, and NOx. Thus, a significant impact related to these four criteria pollutants would occur Plaza EI Seaundo Construction Emissions (4) Maximum daily emissions associated with the construction of the proposed Plaza El Segundo Development will exceed SCAQMD's daily thresholds for ROG and NOx Therefore, emissions of these pollutants would result in significant short-term impacts Operational Emissions (5) Operation of the proposed Plaza EI Segundo is anticipated to result in emissions that exceed SCAQMD significance thresholds for four of the five criteria pollutants CO, PM10, ROG, and NOx Thus, a significant impact related to these four criteria pollutants is anticipated b) Subseauent Environmental Documentation (1) Prior to implementation of specific development projects, impacts associated with construction emissions must be examined in light of this Program EIR to determine whether a new Initial Study would be required to be prepared leading to either an EIR or Negative Declaration This examination must provide quantified estimates of construction emissions based upon the specific site, schedule, and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions The analysis must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project-specific analysis (C- 1) C) Mthgatron. Sepulveda/Rosecrans Site Rezoning Construction Emissions 78 127 The following is a list of feasible control measures that the SCAQMD recommends for construction emissions of PM10 These mitigation measures must be implemented for all areas where construction activities associated with the proposed Sepulveda/Rosecrans Site Rezoning would occur Fugitive Dust, PM10 Compliance with SCAQMD Rule 403, including but not limited to the following (1) Prior to implementation of specific development projects, impacts associated with construction emissions must be examined This examination must provide quantified estimates of construction emissions based upon the specific site, schedule, and construction equipment utilization characteristics of the proposed development and compare the estimated emissions to the SCAQMD thresholds for construction emissions The analysts must incorporate the mitigation measures identified below as appropriate, along with any other mitigation measures identified by the project-specific analysis (C-1) (2) The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities (C-2) (3) All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations (C-3) (4) Site access points must be swept/washed within thirty minutes of visible dirt deposition (C-4) (5) On-site stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily (C-5) (6) All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain two feet of freeboard (C-6) (7) All haul trucks must have a capacity of no less than twelve and three-quarter(12 75) cubic yards (C-7) (8) At least 80 percent of all inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust (C-8) (9) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph (C-9) (10) Traffic speeds on unpaved roads must be limited to 15 miles per hour(C-10) 79 128 (11) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts (C-11) (12) For all construction emissions, the following measure must apply The applicant must develop and implement a construction management plan, as approved by the City of EI Segundo, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD a. Configure construction parking to minimize traffic interference b Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e g , flag person) c Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the degree practicable d Re-route construction trucks away from congested streets e. Consolidate truck deliveries when possible f Provide dedicated turn lanes for movement of construction trucks and equipment on- and off-site g Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize exhaust emissions h Suspend use of all construction equipment operations during second stage smog alerts Contact the SCAQMD at (800)242-4022 for daily forecasts I Use electricity from power poles rather than temporary diesel-or gasoline-powered generators l Use methanol- or natural gas-powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices k Use propane- or butane-powered on-site mobile equipment instead of gasoline if readily available at competitive prices (C-12) Operational Emissions Regional emissions of CO, ROG, PM10, and NOx are associated with vehicular traffic No feasible mitigation measures are 80 129 available to reduce vehicle travel and related tad pipe exhaust emissions associated with the proposed Sepulveda/Rosecrans Site Rezoning Plaza PI Segundo Construction Emissions The following is a list of feasible control measures that the SCAQMD recommends for construction emissions of PM10 These mitigation measures must be implemented during construction activities associated with the proposed Plaza EI Segundo Fugitive Dust, PM10 (13) The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities (C-13) (14) All unpaved roads, parking and staging areas must be watered at least once every two hours of active operations (C-14) (15) Site access points must be swept/washed within thirty minutes of visible dirk deposition (C-15) (16) On-site stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily(C-16) (17) All haul trucks hauling sod, sand, and other loose materials must either be covered or maintain two feet of freeboard (C-17) (18) All haul trucks must have a capacity of no less than twelve and three-quarter(12 75) cubic yards (C-18) (19) At least 80 percent of all inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust(C-19) (20) Operations on any unpaved surfaces must be suspended when winds exceed 25 mph (C-20) (21) Traffic speeds on unpaved roads must be limited to 15 miles per hour(C-21) (22) Operations on any unpaved surfaces must be suspended during first and second stage smog alerts (C-22) (23) The applicant must develop and implement a construction management plan, as approved by the City of EI Segundo, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD 81 130 a Configure construction parking to minimize traffic interference b Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g , flag person) G Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the degree practicable d Re-route construction trucks away from congested streets e Consolidate truck deliveries when possible f Provide dedicated tum lanes for movement of construction trucks and equipment on- and off-site g Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturer's specifications and per SCAQMD rules, to minimize exhaust emissions h Suspend use of all construction equipment operations during second stage smog alerts Contact the SCAQMD at (800)242-4022 for daily forecasts I Use electricity from power poles rather than temporary diesel-or gasoline-powered generators Use methanol- or natural gas-powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices k Use propane- or butane-powered on-site mobile equipment instead of gasoline if readily available at competitive prices (C-23). Operational Emissions Regional emissions of CO, ROG, PM10, and NOx are associated with vehicular traffic No feasible mitigation measures are available to reduce vehicle travel and related tad pipe exhaust emissions associated with the proposed Sepulveda/Rosecrans Site Rezoning d) Finding SenulvedalRosecrans Site Rezoning (1) The City finds that incorporation of such changes or alterations are within the responsibility and jurisdiction of the City The City finds that although the temporary construction related air 82 131 quality CO, ROG, NOx, and PM10 impact will remain significant and unavoidable, no feasible mitigation measures are available to avoid or lessen the impact below a level of significance The Project benefits set forth in the Statement of Overriding Considerations outweigh this significant unavoidable impact (2) The City finds that incorporation of such changes or alterations are within the responsibility and jurisdiction of the City The City finds that although the operational related air quality CO, PM10, ROG, and NOx impact will remain significant and unavoidable, no feasible mitigation measures are available to avoid or lessen the impact below a level of significance The Project benefits set forth in the Statement of Overriding Considerations outweigh this significant unavoidable impact Plaza Cl Segundo (3) The City finds that incorporation of such changes or alterations are within the responsibility and jurisdiction of the City The City finds that although the temporary construction related air quality ROG and NOx impact will remain significant and unavoidable, no feasible mitigation measures are available to avoid or lessen the impact below a level of significance The Project benefits set forth in the Statement of Overriding Considerations outweigh this significant unavoidable impact (4) The City finds that incorporation of such changes or alterations are within the responsibility and jurisdiction of the City The City finds that although the operational related air quality CO, PM10, ROG, and NOx impact will remain significant and unavoidable, no feasible mitigation measures are available to avoid or lessen the impact below a level of significance The Project benefits set forth in the Statement of Overriding Considerations outweigh this significant unavoidable impact 2 Noise a) Facts/Effects Sepulveda/Rosecrans Site Rezoning Construction Norse (1) The non-residential receptor property locations located at the closest northern (FedEx facility) and eastern (Pacific Theatre) edges of the proposed Sepulveda/Rosecrans Rezoning Site would be significantly impacted due to an increase in ambient noise levels at these locations of 26 0 and 14 0 decibels, respectively (2) In addition, construction activity on the proposed Sepulveda/Rosecrans Rezoning Site would cause the ambient noise levels at the Oak Avenue residential locations to exceed 65 dBA As such, construction noise impacts associated with the 83 132 proposed Sepulveda/Rosecrans Rezoning Site would be significant Plaza FI Sequndo Construction Norse (3) Ambient noise levels will not increase at the Oak Avenue location as a result of construction noise sources from the Plaza El Segundo site This analysis reflects the greater distance between the Oak Avenue residential and the main part of the Plaza EI Segundo Development site However, when construction activities are taking place on the 4 7 acre portion of the Plaza EI Segundo Development site located immediately northeast of the Sepulveda/Rosecrans intersection, the effects would be the same as for construction activities occurring under the proposed Sepulveda/Rosecrans Site Rezoning and a significant impact related to construction noise would occur (4) Construction activities on the proposed Plaza El Segundo Development site would impact the receptor locations located to the north and east of the Plaza EI Segundo site, due to their proximity Specifically, ambient noise levels at these locations will experience temporary and occasional increases of 13 to 19 decibels (13 decibels at the Pacific Theatre and 19 decibels at the FedEx facility) Impacts to these receptor locations would be significant b) Subseauent Env[ronmental Documentation SOPL]Iveda/Rosecrans Site Rezoninq Subsequent environmental documentation must be prepared for development projects proposed to be constructed on the Sepulveda/Rosecrans site The subsequent environmental documentation must address the following (1) A project-specific construction noise analysis must be prepared that calculates, based on project-specific parameters and identification of the site-specific sensitive receptors that could be affected by construction activities, the noise levels that would be experienced at sensitive receptors located adjacent to that site If noise levels resulting from construction activity would result in temporary construction noise levels that exceed 65 dBA at a sensitive receptor, or cause an incremental increase of 5 dBA over the existing ambient sound level, if the existing ambient sound level at the sensitive receptor location is 65 dBA or more, then the study must identify feasible mitigation measures to be applied to that project from the list of mitigation measures provided below (1-1) C) Mitigation Sepulveda/Rosecrans Site Rezonma 84 133 The following mitigation measures are required to minimize construction related noise impacts associated with the Sepulveda/Rosecrans Site Rezoning (1) A project-specific construction noise analysis must be prepared that calculates, based on project-specific parameters and identification of the site-specific sensitive receptors that could be affected by construction activities, the noise levels that would be experienced at sensitive receptors located adjacent to that site If noise levels resulting from construction activity would result in temporary construction noise levels that exceed 65 dBA at a sensitive receptor, or cause an incremental increase of 5 dBA over the existing ambient sound level, if the existing ambient sound level at the sensitive receptor location is 65 dBA or more, then the study must identify feasible mitigation measures to be applied to that project from the list of mitigation measures provided below ■ Construction contracts must specify that all construction equipment shall be equipped with mufflers and other applicable noise attenuation devices ■ During construction phases, the contractor must store and maintain equipment as far as possible from the adjacent receptor property locations to the southwest, north and east of the Sepulveda/Rosecrans Rezoning Site ■ As stated in the City of EI Segundo Municipal Code, construction must be restricted to the hours of 7 00 a m to 6 p m Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday ■ Temporary plywood noise barriers must be constructed along the northern and eastern property lines of the Sepulveda/Rosecrans Rezoning Site during construction, which must be high enough to block the line-of-sight between the Sepulveda/Rosecrans Rezoning Site and receptor property locations to the southwest, north and east(1-1) Plaza EI Seaundo The follow mitigation measures are required to minimize construction related noise impacts associated with the Plaza EI Segundo Development, (2) Construction contracts must specify that all construction equipment must be equipped with mufflers and other applicable noise attenuation devices (1-2) (3) During construction phases, the contractor must store and maintain equipment as far as possible from the adjacent receptor 85 134 property locations to the north and east of the Plaza EI Segundo site (1-3) (4) As stated in the City of EI Segundo Municipal Code, construction must be restricted to the hours of 7 00 a m to 6 p m Monday through Saturday, and prohibited at anytime on Sunday or a Federal holiday(1-4) (5) Temporary plywood noise barriers must be constructed along the 4 5 acre portion of the Plaza El Segundo site south of the UPRR tracks during construction, which must be high enough to block the line-of-sight (a minimum of 8 feet above existing grade) between the Plaza EI Segundo site and receptor property locations to the southwest, north and east (1-5) d) Finding SepulvedalRosecrans Site Rezoninq (1) Temporary construction noise impacts at the FedEx and Pacific Theatres locations would be significant and unavoidable even with the implementation of all feasible mitigation measures Plaza El SeCiUndo (2) Temporary construction noise impacts at the FedEx facility would be significant and unavoidable even with the implementation of all feasible mitigation measures (3) The City finds that incorporation of such changes or alterations are within the responsibility and jurisdiction of the City The City finds that although the temporary construction related noise impacts will remain significant and unavoidable, no feasible mitigation measures are available to avoid or lessen the impact below a level of significance The Project benefits set forth in the Statement of Overriding Considerations outweigh this significant unavoidable impact 3 Transportation and Circulation a) Facts/Effects Sepulveda/Rosecrans Site RezonlnQ (1) The proposed Sepulveda/Rosecrans Site Rezoning would significantly impact two intersections during the p m peak hour or Saturday mid-day peak hour These intersections are Sepulveda Boulevard/El Segundo Boulevard in the p m peak hour and Rosecrans Avenue/Aviation Boulevard in the Saturday mid-day peak period (2) The Sepulveda/Rosecrans Site Rezoning is estimated to contribute approximately 240 taps in the southbound direction on the San Diego Freeway between the 1-105 interchange and EI 86 135 Segundo Boulevard During the afternoon peak hour, this number of trips would cause the D/C ratio to increase by 0 02, with a resulting LOS of F(0), which would constitute a significant impact at this location (3) Significant impacts were identified for the southbound 1- 405 between the 1-105 Interchange and El Segundo Boulevard for the Sepulveda/Rosecrans Site Rezoning The nearest arterial CMP monitoring stations are located at the intersections of Rosecrans Avenue and Sepulveda Boulevard and EI Segundo Boulevard and Sepulveda Boulevard These intersections would be significantly impacted by the Sepulveda/Rosecrans Site Rezoning Impacts of the proposed Sepulveda/Rosecrans Site Rezoning with respect to the CMP would be significant Plaza EI Seaundo (4) The proposed Plaza EI Segundo Development would significantly and unavoidably impact one intersection during p m peak hour(Sepulveda Boulevard/EI Segundo Boulevard) (5) The proposed Plaza El Segundo Development is estimated to contribute approximately 162 trips in the southbound direction on the San Diego Freeway between the 1-105 interchange and EI Segundo Boulevard During the afternoon peak hour, this number of trips would cause the D/C ratio to increase by 0 01, with a resulting LOS of F(0), which would be a less than significant impact at this location (6) The nearest arterial CMP monitoring stations are located at the intersections of Rosecrans Avenue and Sepulveda Boulevard and El Segundo Boulevard and Sepulveda Boulevard These intersections would be significantly impacted by the proposed Plaza EI Segundo Development Impacts of the proposed Plaza El Segundo Development with respect to the CMP would be significant b) Subsequent Environmental Documentation (1) No subsequent environmental documentation is required. C) Mitigation Sepulveda/Rosecrans Site Rezoning (1) El Segundo Boulevard and Sepulveda Boulevard Convert the existing eastbound right-turn only lane to a shared through/right-turn lane There exists three receiving lanes on the east leg of the intersection In addition, modify the raised center median to convert the westbound shared through left-turn lane to a dedicated second left turn lane and additional through lane (L- 1) 87 136 Plaza EI Segundo From the list of mitigation measures required to address the complete implementation of the C-4 zone on the proposed Sepulveda/Rosecrans Rezoning Site, the following specific mitigation measures must be required to address the traffic impacts of the proposed Plaza EI Segundo Development (2) EI Seoundo Boulevard and Sepulveda Boulevard — Convert the existing eastbound right-turn only lane to a shared through/right-turn lane There exists three receiving lanes on the east leg of the intersection In addition, modify the raised center median to convert the westbound shared through left-turn lane to a dedicated second left tum lane and additional through lane (L- 13) d) Finding Sepulveda/Rosecrans Site Rezonmq (1) Because no additional mitigation measures are available, impacts would be significant and unavoidable at the two intersections where the City's level of service standard would be exceeded (2) The two intersections that would exceed the City's level of service threshold, even after implementation of all feasible intersection improvements, are Sepulveda Blvd/El Segundo Blvd Aviation Blvd/Rosecrans Ave (3) There is no mechanism available for providing fair share contributions to mitigate freeway impacts Therefore impacts to one freeway segment (southbound San Diego Freeway between the 1-105 interchange and EI Segundo Boulevard) would be significant and unavoidable (4) In addition, improvements at three intersections require coordination and concurrence of Caltrans and/or other agencies In the event that the concurrence of other jurisdictions cannot be obtained, impacts at these intersections would be significant and unavoidable Plaza F1 Segundo (5) Because no additional mitigation measures are available, impacts would be significant and unavoidable at one intersection where the City's level of service standard would be exceeded (6) The intersection that would exceed the City's level of service threshold, even after implementation of all feasible intersection improvements, are 88 137 Sepulveda Blvd/El Segundo Blvd (7) In addition, improvements at two intersections require coordination and concurrence of Caltrans and/or other agencies In the event that the concurrence of other jurisdictions cannot be obtained, impacts at these intersections would be significant and unavoidable (8) The City finds that incorporation of such changes or alterations are within the responsibility and jurisdiction of the City The City finds that although the transportation and circulation impact will remain significant and unavoidable, no feasible mitigation measures are available to avoid or lessen the impact below a level of significance The Project benefits set forth in the Statement of Overriding Considerations outweigh this significant unavoidable impact E. Insipn€ficant Cumulative Impacts. The City Council finds that the FEIR and the record of proceedings in this matter do not identify or contain substantial evidence which identifies significant adverse cumulative environmental effects associated with the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative in conjunction with the related Projects identified in Section III B of the DEIR (collectively, the 'Related Projects") with respect to the areas listed below 1 Aesthetics 2 Air Quality 3 Agricultural Resources 4 Biological Resources 5 Cultural Resources 6 Geology and Soils 7 Hydrology and Water Quality 8 Hazards and Hazardous Materials 9 Land Use 10 Mineral Resources 11 Noise 12 Public Services 13 Recreation 14 Utilities 89 138 a) Sewer b) Water c) Natural Gas d) Electricity F. Cumulative tmnacts identified as Potentialiv Sipniflcant But Which Did Not Exceed Significance Thresholds in the EIR. The City Council finds that although the following cumulative environmental effects were identified as potentially significant in the FEIR for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative, changes or alterations within the responsibility and jurisdiction of other public agencies and the City have been adopted by such other agencies or can and should be adopted by such other agency to avoid or lessen the potential significant environmental effects listed below to a level of insignificance 1 Transportation and Circulation a) Facts/Effects Sepulveda/Rosecrans Site Rezonina (1) Traffic resulting from the 52 related projects could contribute to potential future deterioration at the study intersections This cumulative analysis was based on a worst-case set of assumptions where all of the related projects were constructed and built to the intensity currently envisioned In addition, none of the traffic enhancements which may be associated with the 52 related projects were included in the analysis It is likely that traffic conditions would be better than noted in the EIR analysis (2) The Sepulveda/Rosecrans Site Rezoning would contribute to a potentially significant cumulative impact at nine intersections located wholly or partly within the City of El Segundo (3) The cumulative effects identified are anticipated to occur with or without the project with the exception of the impact at the Park Place and Nash Street, Park Place and Douglas Street, and Rosecrans Avenue and Douglas Street intersections These impacts are reduced to a level of insignificance with traffic improvements proposed with the exception of p m peak hour period at Rosecrans Avenue and Douglas Street This is a worst- case analysis which does not include specific improvement measures which may be required of the cumulative projects, therefore, conditions are anticipated to be better than stated in the Draft EIR 90 139 Plaza El Segundo (4) The Sepulveda/Rosecrans Site Rezoning would contribute to a significant cumulative impact at seven intersections located wholly or partly within the City of EI Segundo (5) The cumulative effects identified are anticipated to occur with or without the project with the exception of the impact at the Rosecrans Avenue and Douglas Street intersection (p m peak hour) and the Rosecrans Avenue and Sepulveda Boulevard intersection during the Saturday mid-day peak These impacts are reduced to a level of insignificance with traffic improvements proposed by the Sepulveda/Rosecrans Site Rezoning project with the exception of the p m peak period at Rosecrans Avenue and Douglas Street This is a worst case analysis which does not include specific improvement measures which may be required of the cumulative projects, therefore, conditions are anticipated to be better than noted However, the incremental effect of the proposed Plaza EI Segundo Development, in connection with the effects of past, present and probable future projects would be cumulatively considerable at seven intersections located wholly or partly within the City of EI Segundo b) Subsecuent Environmental Documentation (1) No subsequent environmental documentation is required C) Mitigation Sepulveda/Rosecrans Site Rezonin❑ (1) In order to assist in addressing future cumulative traffic deterioration, the City of EI Segundo through its Traffic Congestion Mitigation Fee Ordinance will require the developer of a specific project to make a "fair share" contribution for programmed roadway improvements In addition, project implementation of the signal system enhancements described above will benefit the entire system and reduce cumulative impacts along the roadway corridors (L-12) Plaza EI Segundo (2) In order to assist in addressing future cumulative traffic deterioration, the project applicant must comply with the City of EI Segundo Traffic Congestion Mitigation Fee Ordinance and make a "fair share" contribution for programmed roadway improvements In addition, project implementation of the signal system enhancements described above will benefit the entire system and reduce cumulative impacts along the roadway corridors (L-19) d) Finding Sevulveda/Rosecrans Site Rezornna 91 140 (1) Payment of the EI Segundo Traffic Mitigation Fee would reduce impacts related to cumulative traffic growth at intersections that are wholly or partly within the City of EI Segundo to less than significant Plaza EI SeQUndo (2) Payment of the EI Segundo Traffic Mitigation Fee would reduce impacts related to cumulative traffic growth at intersections that are wholly or partly within the City of EI Segundo to less than significant (3) The City Council finds that the FEIR and the record of proceedings do not identify or contain substantial evidence identifying a significant cumulative contribution to any significant unavoidable environmental effects of the Project with respect to Transportation and Traffic. G. Significant unavoidable Cumulative Impacts. The City Council finds that in response to each impact identified below, changes or alterations have been required or incorporated into the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative, which lessen the significant adverse environmental impact However, these impacts cannot be totally avoided or reduced to a level of insignificance if the SepulvedalRosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza EI Segundo Development Reduced Traffic Generation Alternative are implemented The Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative contribution to these impacts would be cumulatively considerable under CEQA 1 Pot)ulation, Housina. and EmDlovment a) Facts/Effects Seoulveda/Rosecrans Site Rezoninci and Plaza EI Segundo (1) A review of the related projects listed in Table 111-1 of the Draft EIR, confirms the projections for slow housing growth in the region, only 10,628 new housing units are currently proposed In addition, approximately 62,646 jobs would be created by the same list of cumulative projects (see Table IV J-3 of the EIR) (2) Based on the substantial disparity between projected subregional job growth and housing construction, there will be a significant cumulative impact on population growth and housing dernand b) Mitigation Sepulveda/Rosecrans Site Rezoning 92 141 (1) There are no available mitigation measures to address the incremental contribution of the proposed Sepulveda/Rosecrans Site Rezoning to the significant cumulative impact related to population growth and housing demand Plaza El Segundo (2) There are no available mitigation measures to address the incremental contribution of the proposed Plaza EI Segundo to the significant cumulative impact related to population growth and housing demand C) Finding (1) The City Council finds that although mitigation can be incorporated into the Project to reduce the severity of the Project- specific population growth and housing demand impacts, no feasible mitigation measures exist to address significant and unavoidable cumulative population and growth and housing demand impacts The Project benefits set forth in the Statement of Overriding Considerations outweigh these significant unavoidable impacts 2 Transcortation and Traffic a) Facts/Effects Sepulveda/Rosecrans Site Rezonina (1) The impacts of cumulative traffic growth were incorporated into the traffic modeling for the Project (2) There is no mechanism available for providing fair share contributions to improvements that would mitigate cumulative traffic impacts at six intersections located wholly outside the City of EI Segundo Therefore, cumulative traffic impacts would be significant and unavoidable at the following intersections (although such impacts would exist with or without the project) • Rosecrans Avenue and Hindry Avenue, p m peak hour Rosecrans Avenue and 1-405 SB Off-Ramp, a m and p m peak hour Marine Avenue and Sepulveda Boulevard, a m and p m peak hour ■ Marine Avenue and Aviation Boulevard, a m and p m peak hour Manhattan Beach Boulevard and Sepulveda Boulevard, a m and p m peak hour 93 142 • Manhattan Beach Boulevard and Aviation Boulevard, a m and p m peak hour (3) No sub-regional traffic impact fee has been established or proposed for "fair-share" contributions to regional transportation improvements that might reduce the severity of cumulative traffic impacts Plaza EI Se4undo (4) There is no mechanism available for providing fair share contributions to improvements that would mitigate cumulative traffic impacts at six intersections located wholly outside the City of EI Segundo Therefore, cumulative traffic impacts would be significant and unavoidable at the following intersections • Rosecrans Avenue and Hendry Avenue, p m peak hour • Rosecrans Avenue and 1-405 SB Off-Ramp, a m and p m peak hour • Marine Avenue and Sepulveda Boulevard, a m and p m peak hour • Marine Avenue and Aviation Boulevard, a m, and p m peak hour • Manhattan Beach Boulevard and Sepulveda Boulevard, a m and p m peak hour • Manhattan Beach Boulevard and Aviation Boulevard, a m and p m peak hour b) Finding (1) The City Council finds that although mitigation can be incorporated into the Project to reduce the severity of the Project- specific traffic impact, no feasible mitigation measures exist to address significant and unavoidable cumulative traffic impacts outside the City of EI Segundo The Project benefits set forth in the Statement of Overriding Considerations outweigh these significant unavoidable cumulative impacts 3 Solid Waste a) Fact/Effects (1) Implementation of the Sepulveda/Rosecrans Site Rezoning in conjunction with the various related projects identified in Section III B of the Draft EIR as well as cumulative growth in the County of Los Angeles would further increase demand on landfill capacity Additional capacity to accommodate the cumulative disposal needs of the proposed Sepulveda/Rosecrans Site Rezoning and related projects is the responsibility of local, county, 94 143 and state solid waste management agencies and may become available as these agencies develop solutions to meet the future disposal needs at a regional level (e g , expanding existing landfills, transporting waste to other landfills, converting waste to energy, recycling and waste reduction) (2) Similar to the proposed Sepulveda/Rosecrans Site Rezoning, the related projects would be subject to the source reduction and recycling requirements established by the local jurisdiction in accordance with AB 939 (1 e , divert 50 percent of the solid waste generated from landfills through waste reduction, recycling and composting) As with the proposed Sepulveda/Rosecrans Site Rezoning, future projects would be required to participate in recycling programs, thus reducing the amount of solid waste to be disposed of at the landfills described above (3) However, because the precise solutions to meeting the need for landfill capacity are not known and are the responsibility of other agencies, the incremental contribution of the Sepulveda/Rosecrans Site Rezoning, in conjunction with the contributions of related projects, would be cumulatively considerable b) Findinq (1) The City Council finds that while mitigation is not needed to reduce Project-specific solid waste impacts, no feasible mitigation measures exist to address significant and unavoidable cumulative impacts caused by solid waste generation The Project benefits set forth in the Statement of Overriding Considerations outweigh these significant unavoidable impacts H. Protect Alternatives. 1 Alternatives Eliminated from Further Consideration Various alternatives to the Proposed Action were considered and dismissed without further study because they failed to accomplish the objectives of the Project or were otherwise not feasible CEQA Guidelines § 15126 6(c) requires EIRs to identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process, and briefly explain the reasons underlying the lead agency's determination Alternatives involving residential development were dismissed as being infeasible for two reasons First, it may not be possible to remediate the Sepulveda/Rosecrans Rezoning Site to the levels required in order to develop residential uses In the event that it is possible, it is likely cost prohibitive Second, the City of EI Segundo does not permit residential developments east of Sepulveda Boulevard because the City cannot adequately support residential developments in this area with City services 95 144 2 Seoulveda/Rosecrans Site Rezoninea a) No Proiect Alternative (1) Description Under the proposed Sepulveda/Rosecrans Site Rezoning No Project Alternative, the Sepulveda/Rosecrans Rezoning Site would remain under its current Industrial General Plan designation and zoning classifications Reasonably foreseeable activities that would occur within the proposed Sepulveda/Rosecrans Rezoning Site under the No Project Alternative include 1) characterization and remediation activities that are currently ongoing on a portion of the proposed Sepulveda/Rosecrans Rezoning Site would continue under the oversight of the cognizant regulatory agencies, 2) existing operative uses within the proposed Sepulveda/Rosecrans Rezoning Site (Air Products, Learned Lumber) would remain in their current locations, and 3) no new development would occur on the proposed Sepulveda/Rosecrans Rezoning Site No new development is anticipated because, other than the existing operating uses, there is no known interest in development of the proposed Sepulveda/Rosecrans Rezoning Site, other than the proposed Plaza EI Segundo Development The proposed Sepulveda/Rosecrans Site Rezoning No Project Alternative therefore assumes the continuation of existing conditions on the proposed Sepulveda/Rosecrans Rezoning Site as well as development of the related projects described in Section III B (Related Projects)of the EIR (2) Comparison to Project Under the Sepulveda/Rosecrans Site Rezoning No Project Alternative, no additional traffic would be generated The existing uses on the Sepulveda/Rosecrans Rezoning Site would remain in their present locations and there would be no change in current operations Traffic generated by these uses would remain unchanged Aesthetics, air quality, biological resources, geology and soils (except soil erosion impacts), hydrology, land use, noise, population, housing and employment, public service, transportation and traffic, utilities, and cultural resources impacts would be less than the proposed Sepulveda/Rosecrans Site Rezoning and less than significant Hazards and hazardous materials impacts of the No Project alternative would be greater than the proposed Sepulveda/Rosecrans Site Rezoning because only a portion of the Sepulveda/Rosecrans Rezoning Site would be characterized and remediated (3) Findings The City Council rejects this alternative because it does not meet the objectives of the Sepulveda/Rosecrans Site Rezoning to reuse and redevelop the site to provide commercial facilities needed by the City of EI Segundo This alternative would not facilitate the productive reuse of a former industrial site This alternative would not provide improve traffic circulation by providing major road improvements that would provide significant overriding benefits to the community, This alternative would not provide for employment opportunities or generate significant local revenues through business license fees, property taxes and sales taxes 96 145 b) Reduced Traffic Generation Alternative (1) Description Under the proposed Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative, the standards of the proposed C-4 zone would be modified to limit the mix of land uses permitted within the 70 8 net acre portion of the proposed Sepulveda/Rosecrans Rezoning Site that would be redesignated in the General Plan for Commercial Center use and rezoned to Commercial Center (C-4) in order to reduce total traffic generation from the Site Total permitted square footage within the proposed Sepulveda/Rosecrans Rezoning Site would remain the same (850,000 total square feet), but the mix of uses would be limited to the following 590,000 square feet of shopping center, 185,000 square feet of large scale retail, 50,000 square feet of grocery store, 10,000 square feet of fast food restaurants, and 15,000 square feet of sit-down restaurants Total traffic generation under this alternative would be reduced by approximately 11 7% in the p m peak hour and approximately 8 8% on a daily basis All other components of the proposed Sepulveda/Rosecrans Site Rezoning, including the construction of new roadways, relocation of railroad rights-of-way, and stormwater retention basin would remain the same as the proposed SepulvedalRosecrans Site Rezoning under this alternative (2) Comparison to Project Under this alternative, it is estimated that the development on the Sepulveda/Rosecrans Rezoning Site would generate a total of approximately 25,859 daily trips, 1,033 trips in the a m peak hour, 2,346 trips during the p m peak hour, and 3,379 trips during the Saturday mid-day peak period Of the 25 study intersections analyzed, it is anticipated that the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative would significantly impact 13 intersections during the a m peak hour, p m peak hour, or Saturday mid-day peak, or combinations thereof (see Table VI-1 of the Draft EIR) The same number of impacted intersections and the same specific intersections as identified would be impacted under the alternative as under the proposed Sepulveda/Rosecrans Site Rezoning project Therefore, traffic impacts associated with the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative would be the same as those associated with the proposed Sepulveda/Rosecrans Site Rezoning and would be significant and unavoidable Air quality would be less than the proposed Sepulveda/Rosecrans Site Rezoning and less than significant, but would remain significant and unavoidable Utility impacts related to sewer, water and electricity would be slightly less than the proposed Sepulveda/Rosecrans Site Rezoning The project-related utility impacts would remain less than significant Aesthetics, biological resources, geology and soils, hazards and hazardous materials, hydrology, land use, noise, population, housing and employment, public services, utilities (solid waste and natural gas), and cultural resources impacts would be the same as than the proposed Sepulveda/Rosecrans Site Rezoning The short-term noise and traffic impacts would be significant and unavoidable (3) Findings 97 146 The City Council adopts this altemative because it meets the project objectives of the Sepulveda/Rosecrans Site Rezoning to reuse and redevelop the site to provide commercial facilities needed by the City of EI Segundo described in Chapter Ii (Page Ii-14) of the Final EIR while reducing the traffic impacts by a significant amount(117% in the p m peak period and 8 8% of daily trips) G) Alternative Land Use Alternative (1) Description Under the proposed Sepulveda/Rosecrans Site Rezoning Alternate Land Use Alternative, the existing zoning of the Sepulveda/Rosecrans Rezoning Site would be modified to allow development of proposed Sepulveda/Rosecrans Rezoning Site with industrial uses at a maximum floor area ratio (FAR) of 0 42 1 This would result in the development of approximately 1,548,000 square feet of industrial park within the proposed Sepulveda/Rosecrans Rezoning Site and represents a reduction in the development density permitted under the existing zoning of the Sepulveda/Rosecrans Rezoning Site The current zoning would allow a 0 6 FAR (2,211,142 square feet of industrial uses) Roadway extensions through the proposed Sepulveda/Rosecrans Rezoning Site would be provided, although likely in a different configuration than under the proposed SepulvedalRosecrans Site Rezoning Storm water detention facilities would be provided that would be sufficient to handle storm water runoff generated under this alternative and railroad rights-of-way would be relocated as necessary (2) Comparison to Project Under the Sepulveda/Rosecrans Site Rezoning Alternate Land Use Alternative, the Sepulveda/Rosecrans Rezoning Site would be permitted to be developed with up to 1,548,000 square feet of industrial park Under this alternative, it is estimated that the development on the Sepulveda/Rosecrans Rezoning site would generate a total of approximately 10,774 daily trips, 1,300 in the a m peak hour, 1,331 trips in the p m peak hour, and 542 trips during the Saturday mid-day peak hour This is less traffic than would be produced by the proposed Sepulveda/Rosecrans Site Rezoning However, an increase in the amount of truck traffic in the area is anticipated under this alternative Under this alternative, 9 intersections would still be significantly impacted during the a m peak hour, p m peak hour or Saturday mid-day peak hour, or combinations thereof (Table VI-7) This is four less significantly impacted intersections than under the proposed Sepulveda/Rosecrans Site Rezoning Therefore, traffic impacts associated with the Sepulveda/Rosecrans Site Rezoning Alternate Land Use Alternative would be less than the proposed Sepulveda/Rosecrans Site Rezoning project Air quality impacts would be less than the proposed Sepulveda/Rosecrans Site Rezoning, but would remain significant and unavoidable Operational noise impacts would be slightly less than the Plaza EI Segundo development Public services (police protection) and utility (sewer and water) impacts would be less than the proposed Sepulveda/Rosecrans Site Rezoning The project-related impacts would remain less than significant 98 147 Biological resources, geology and soils, land use, construction noise, and cultural resources would be the same as the proposed Sepulveda/Rosecrans Site Rezoning The short-term noise and traffic impacts would be significant and unavoidable Aesthetics, air quality (construction and operational emissions), hydrology, hazards and hazardous materials, population, housing and employment, public services (fire protection), and utility impacts (solid waste, natural gas, and electricity) would be slightly greater than the Sepulveda/Rosecrans Site Rezoning, but would remain as insignificant impacts The sewer and water usage would increase by negligible amounts The project-related impacts would remain less than significant (3) Findings The City Council rejects this alternative because it does not meet the objectives of the Sepulveda/Rosecrans Site Rezoning to reuse and redevelop the site to provide commercial facilities needed by the City of EI Segundo to the same extent as the proposed project, This alternative would not provide improve traffic circulation by providing major road improvements that would provide significant overriding benefits to the community This alternative would not provide for employment opportunities or generate significant local revenues through business license fees, property taxes and sales taxes to the same extent as the proposed project d) Rezonino of Plaza EI Segundo Develooment Site Cniv (1) Description Under this alternative, the City would not take action with respect to the proposed Sepulveda/Rosecrans Site Rezoning project, but rather would approve the General Plan Amendment and rezoning of the proposed Plaza EI Segundo Development site to the new Commercial Center land use designation and Commercial Center (C-4) zone Uses presently located within the proposed Sepulveda/Rosecrans Rezoning Site, but outside the boundary of the proposed Plaza EI Segundo Development would remain the same No new development is anticipated in this portion of the Sepulveda/Rosecrans Rezoning Site because, other than the existing operating uses, there is no known interest in development of the proposed Sepulveda/Rosecrans Rezoning Site, other than the proposed Plaza EI Segundo Development (2) Comparison to Project Under this alternative, impacts would be the same as identified throughout this EIR for the proposed Plaza EI Segundo Development The only difference from the analysis presented in this EIR would relate to land use compatibility Under the alternative, the uses adjacent to the proposed Plaza EI Segundo Development would be industrial, rather than ultimately commercial, as would occur under the proposed Sepulveda/Rosecrans Site Rezoning Placing commercial and industrial land uses adjacent to one another would not result in land use conflicts and no impacts related to land use compatibility would occur Impacts of this alternative would be similar to the proposed Sepulveda/Rosecrans Site Rezoning with respect to land use compatibility and the same as the proposed Plaza El Segundo Development for all other impacts 99 148 (3) Findings The City Council rejects this alternative because it does not meet the objectives of the Sepulveda/Rosecrans Site Rezoning to reuse and redevelop the site to provide commercial facilities needed by the City of EI Segundo to the same extent as the proposed project This alternative would not provide improve traffic circulation by providing major road improvements that would provide significant overriding benefits to the community because it would not include the extension of Park Place though to Nash Street This alternative would not provide for employment opportunities or generate significant local revenues through business license fees, property taxes and sales taxes to the same extent as the proposed project 3 Plaza EI Secunda a) No Proiect Alternative (1) Description Under the Plaza EI Segundo No Project Alternative, the proposed Plaza EI Segundo Development site would remain under its current Industrial General Plan designations and zoning classifications Reasonably foreseeable activities that would occur within the proposed Plaza EI Segundo Development site under the No Project Alternative would include 1) characterization and remediation activities that are currently ongoing on a portion of the proposed Plaza EI Segundo Development site would continue under the oversight of the cognizant regulatory agencies, and 2) no new development would occur on the proposed Plaza EI Segundo Development site No new development is anticipated because there is no known interest in development of the proposed Plaza El Segundo Development site, other than the proposed Plaza EI Segundo Development The proposed Plaza EI Segundo No Project Alternative therefore assumes the continuation of existing conditions on the proposed Plaza EI Segundo Development site as well as development of the related projects described in Section III B (Related Projects) of the EIR (2) Comparison to Project Under the Plaza EI Segundo No Project Alternative, no additional traffic would be generated The existing uses on the Plaza Ei Segundo site would remain in their present locations and there would be no change in current operations Traffic generated by these uses would remain unchanged Aesthetics, air quality, biological resources, geology and soils (except sail erasion impacts), hydrology, hazards and hazardous materials, land use, noise, population, housing and employment, public services, transportation and traffic, utilities, and cultural resources impacts would be less than the proposed Plaza El Segundo site and less than significant (3) Findings The City Council rejects this alternative because it does not meet the objectives of the Plaza EI Segundo Development to reuse and redevelop the site to provide commercial facilities needed by the City of EI Segundo This alternative would not facilitate the productive reuse of a former industrial site This alternative would not provide improve traffic circulation by providing major road improvements that would provide significant overriding benefits to the community This alternative would not 100 149 provide for employment opportunities or generate significant local revenues through business license fees, property taxes and sales taxes b) Reduced Traffic Generation Alternative (1) Description Under the Plaza EI Segundo Reduced Traffic Generation Alternative, the Plaza EI Segundo site boundaries and total proposed square footage would remain the same (425,000 square feet), but the mix of uses within the proposed Plaza EI Segundo would be modified to result in an approximately 17% reduction in p m peak hour traffic generation and an approximately 13% reduction in daily traffic generation The mix of uses that would be contained within the proposed Plaza EI Segundo under the Reduced Traffic Generation Alternative would include 165,000 square feet of shopping center, 185,000 square feet of large scale retail, 50,000 square foot grocery store, 10,000 square feet of fast food restaurants, and 15,000 square feet of sit-down restaurants The proposed land uses and density would be within the requirements of the proposed C-4 zone All other components of the proposed Plaza EI Segundo, including the construction of new roadways (Park Place east of Sepulveda and Alred Way within the Plaza El Segundo site) and storm water retention basin would remain the same as the proposed Plaza El Segundo Development under this alternative (2) Comparison to Project Under the Plaza EI Segundo Reduced Traffic Generation Alternative, the size of the proposed development would be the same, however, the mix of uses would be different in order to reduce the amount of traffic generated Under this alternative, it is estimated that the development on the Plaza El Segundo site would generate a total of approximately 16,645 daily trips, with 779 a m peak hour trips, 1,477 p m peak hour trips, and 2,205 Saturday mid-day peak period trips Of the 25 study intersections analyzed, it is anticipated that the Plaza El Segundo Reduced Traffic Generation Alternative would significantly impact six intersections during the a m peak hours, p m peak hour, Saturday mid-day peak hour, or combinations thereof (see Table VI-14) This is one less impacted intersection than would be impacted under the proposed Plaza El Segundo protect Therefore, traffic impacts associated with the Plaza EI Segundo Reduced Traffic Alternative would be less than those under the proposed Plaza EI Segundo project Air quality would be less than the proposed Sepulveda/Rosecrans Site Rezoning and less than significant, but would remain significant and unavoidable Operational noise impacts would be slightly less than the Plaza EI Segundo development Utility impacts related to sewer, water and electricity would be slightly less than the proposed Sepulveda/Rosecrans Site Rezoning The protect-related utility impacts would remain less than significant Aesthetics, biological resources, geology and soils, hydrology, hazards and hazardous materials, land use, construction noise, population, housing and employment, public services, and utility impacts (solid waste and natural gas), and cultural resources would be the same as than the proposed Sepulveda/Rosecrans Site Rezoning The short-term noise and traffic impacts would be significant and unavoidable 101 150 (3) Findings The City Council adopts this alternative since it meets all of the project objectives described in Chapter II (Page 11-14) of the Final EIR while reducing the traffic impacts by a significant amount (17% in p m peak period and 13%of daily trips) C) Alternative Land Use Alternative (1) Description Under the Plaza EI Segundo Alternate Land Use Alternative, the proposed Plaza El Segundo Development site would be developed with industrial uses at a floor area ratio (FAR) of 0 42 1 This would result in the development of an approximately 730,000 square foot industrial park within the proposed Plaza EI Segundo Development site Roadway extensions through the proposed Plaza El Segundo Development site would be provided, although likely in a different configuration than under the proposed Plaza EI Segundo Storm water detention facilities would be provided that would be sufficient to handle storm water runoff generated under this alternative (2) Comparison to Project Under the Plaza EI Segundo Alternate Land Use Alternative, the Sepulveda/Rosecrans Rezoning Site would be developed with up to 730,000 square feet of industrial park uses Under this alternative, it is estimated that the development would generate approximately 5,081 daily trips, 613 a m peak hour trips, 628 p m peak hour trips, and 256 Saturday mid-day peak period trips This is less traffic than would be produced under the proposed Plaza El Segundo Development, although truck traffic would increase under this Alternative However, under this alternative, three intersections would be significantly impacted during the a m peak hour, p m peak hour, Saturday mid-day peak hour, or combination thereof (Table VI-21) This is four fewer than would be significantly impacted under the proposed Plaza El Segundo Development Therefore, traffic impacts associated with the Plaza El Segundo Alternate Land Use Alternative would be lower than the proposed Plaza EI Segundo Development Air quality impacts would be less than the proposed Plaza El Segundo development, but would remain significant and unavoidable Operational noise and public services (police), utility (sewer, water and electricity) impacts would be lower than the Plaza EI Segundo development Geology and soils, land use, and cultural resources would be the same as than the proposed Sepulveda/Rosecrans Site Rezoning Aesthetics, air quality (short-term construction emissions), biological resources, hydrology, hazards and hazardous materials, short-term construction noise, population, housing and employment, public services (fire), utility (solid waste and natural gas) impacts would be greater than the Plaza EI Segundo development, but would remain as insignificant impacts (3) Findings The City Council refects this alternative because it does not meet the objectives of the Plaza El Segundo Development to reuse and redevelop the site to provide commercial facilities needed by the City of Ei Segundo to the same extent as the 102 151 proposed project This alternative would not provide improve traffic circulation by providing major road improvements that would provide significant overriding benefits to the community This alternative would not provide for employment opportunities or generate significant local revenues through business license fees, property taxes and sales taxes to the same extent as the proposed project d) Rezonina of Plaza El Segundo Development Stte Oniv (1) Description There is no equivalent alternative for the Plaza EI Segundo site because this alternative would approve only the Plaza EI Segundo portion of the Sepulveda Rosecrans Site Rezoning (2) Comparison to Project There is no equivalent alternative for the Plaza EI Segundo site because this alternative would approve only the Plaza EI Segundo portion of the Sepulveda Rosecrans Site Rezoning so no comparison is necessary (3) Findings There is no equivalent alternative for the Plaza EI Segundo site because this alternative would approve only the Plaza EI Segundo portion of the Sepulveda Rosecrans Site Rezoning so no findings are necessary 4 Findinas Reaardina Alternatives a) Reasonable Range of Alternatives The City Council finds that that (a) the FOR describes a reasonable range of alternatives to the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development, which could feasibly attain most of the basic objectives of the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development and would avoid or substantially lessen any significant effects of the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development, and (b) the City Council evaluated the comparative ments of the alternatives b) Environmentally Superior Alternative CEQA Guidelines § 15126 6 requires that an analysis of alternatives to the Project identify one alternative as the environmentally superior alternative Furthermore, if the environmentally superior alternative is the "No Project" alternative, the EIR must also identify the environmentally superior alternative from among the other alternatives SeQulveda Rosecrans Site Rezonina The No Project Alternative would be environmentally superior to the proposed Sepulveda/Rosecrans Site Rezoning, as it would avoid the significant and unavoidable impacts of the proposed Sepulveda/Rosecrans Site Rezoning related to traffic, construction and operational air emissions and construction noise However, the No Project Alternative would not meet any of the objectives of the proposed Sepulveda/Rosecrans Site Rezoning 103 152 The Reduced Traffic Generation Alternative would be environmentally superior to the proposed Sepulveda/Rosecrans Site Rezoning as it would reduce the traffic impacts of the proposed Sepulveda/Rosecrans Site Rezoning and reduce significant and unavoidable operational air emissions compared to the proposed Sepulveda/Rosecrans Site Rezoning, although not to less than significant levels The Reduced Traffic Generation Alternative would meet most of the objectives of the proposed Sepulveda/Rosecrans Site Rezoning The Rezoning of Plaza El Segundo Development Site Alternative would be environmentally superior to the proposed Sepulveda/Rosecrans Site Rezoning as it would constitute a reduced project (425,000 total square feet) compared to the full buildout of the proposed Sepulveda/Rosecrans Site Rezoning (850,000 square feet) As such, impacts of this alternative would be lower with respect to all issue areas since the alternative would be smaller and would utilize less site area than would the proposed Sepulveda/Rosecrans Site Rezoning The Rezoning of Plaza EI Segundo Development Site Alternative would not meet the objectives of the proposed Sepulveda/Rosecrans Site Rezoning, but would meet the objectives of the Plaza EI Segundo Development Therefore, the Reduced Traffic Generation Alternative would be the environmentally superior alternative because it would reduce impacts compared to the proposed Sepulveda/Rosecrans Site Rezoning and meets most of the project objectives Piaza El Seaundo The No Project Alternative would be environmentally superior to the proposed Plaza EI Segundo Development, as it would avoid the significant and unavoidable impacts of the proposed Plaza EI Segundo Development related to traffic, construction and operational air emissions and construction noise However, the No Project Alternative would not meet any of the objectives of the proposed Plaza EI Segundo Development The Reduced Traffic Generation Alternative would be environmentally superior to the proposed Plaza EI Segundo Development as it would reduce the traffic impacts of the proposed Plaza EI Segundo Development and reduce significant and unavoidable operational air emissions compared to the proposed Plaza El Segundo Development, although not to less than significant levels The Reduced Traffic Generation Alternative would meet most of the objectives of the proposed Plaza El Segundo Development The City Council has determined to adopt the Environmentally Superior Alternative, in substantially the same form as analyzed in the Final EIR, rather than the project as proposed 111. GROWTH4NDUCING IMPACTS OF THE PROPOSED ACTION AND SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES. The City Council finds on the basis of the FEIR and the record of proceedings for the Rosecrans/Sepulveda Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative that A Growth Inducin❑ Impacts SepulvedaiRosecrans Site Rezonintl The SepulvedaiRosecrans Site Rezoning would foster economic growth by adding new employees and customers to the Sepulveda/Rosecrans Rezoning Site, who could, 104 153 in turn, patronize other local businesses and services in the area Additionally, as described in Section IV J (Population, Housing & Employment), short-term employment opportunities would be provided during the construction of developments on the Sepulveda/Rosecrans Rezoning Site With the full implementation of the site rezoning, the developments would provide employment for approximately 1,904 persons The Sepulveda/Rosecrans Site Rezoning does not include housing and therefore would not include (direct) permanent population growth Should the Sepulveda/Rosecrans Site Rezoning cause newly-generated employees to relocate to the City of EI Segundo or the surrounding community, it is expected that the maximum (worst- case) housing demand generated by the Sepulveda/Rosecrans Site Rezoning could be accommodated by the existing housing stock within the average 9 7-mile commute distance from the project site, without generating demand for new housing construction Therefore, no significant population, housing or employment impacts would be created by the Sepulveda/Rosecrans Site Rezoning The project site is located within a highly developed urban setting Off-site water mains, sewer mains, storm drains, and utility infrastructure adjacent to the site would adequately service the Sepulveda/Rosecrans Site Rezoning Further, with mitigation, the Sepulveda/Rosecrans Site Rezoning would be adequately served by existing public services such as fire/emergency and police in the vicinity of the Sepulveda/Rosecrans Rezoning Site The Sepulveda/Rosecrans Site Rezoning would not induce growth in an area that is not already developed with infrastructure to accommodate such growth Therefore, the Sepulveda/Rosecrans Site Rezoning would not result in significant growth inducing impacts Plaza EI Segundo As described in Section IV J (Population, Housing & Employment), short-term employment opportunities would be provided during the construction of the Plaza EI Segundo Upon completion of the Plaza EI Segundo, it would provide employment for approximately 952 persons The Plaza El Segundo Development does not include housing and therefore would not include (direct) permanent population growth Should the Plaza EI Segundo Development cause newly-generated employees to relocate to the City of EI Segundo or the surrounding community, it is expected that the housing demand could be accommodated by the existing housing stock within the average 9 7-mile commute distance Therefore, no significant population, housing or employment impacts would be created by the Plaza El Segundo Development The Plaza EI Segundo site is located within a highly developed urban setting Off-site water mains, sewer mains, storm drains, and utility infrastructure adjacent to the site would adequately service the Plaza EI Segundo Further, with mitigation, the Plaza EI Segundo Development would be adequately served by existing public services such as fire/emergency and police The Plaza EI Segundo Development would not induce growth in an area that is not already developed with infrastructure to accommodate such growth Therefore, the Plaza EI Segundo Development would not result in significant growth inducing impacts B Significant Irreversible Environmental Chances Sepulveda/Rosecrans Site Rezonina The type and level of construction associated with the proposed Sepulveda/Rosecrans Site Rezoning would consume limited, slowly renewable, and non- renewable resources Such resources would include the following construction supplies lumber and other forest products, aggregate materials used in concrete and asphalt such as sand, gravel, and stone, metals such as steel, copper, and lead; petrochemical construction materials 105 154 such as plastics, and water Fossil fuels such as gasoline and oil would also be consumed in the use of construction vehicles and equipment Subsequent use and maintenance of the proposed Sepulveda/Rosecrans Site Rezoning would also require the long-term consumption of these nonrenewable resources at reduced levels typical for commercial development These would include energy resources such as electricity and natural gas, as well as petroleum-based fuels required for the increased number of vehicle trips to be generated by the project The proposed Sepulveda/Rosecrans Site Rezoning would add traffic to local roads, and would result in long-term increases in ambient air pollution and noise levels Potential irreversible damage from environmental accidents associated with the project are unlikely and would be avoided by compliance with the mitigation measures proposed in this EIR as well as existing city, county, state, and federal safety regulations Plaza FI Seciundo Similar to that discussed above, the proposed Plaza EI Segundo Development would consume limited, slowly renewable, and non-renewable resources during construction Such resources would include the following construction supplies lumber and other forest products, aggregate materials used in concrete and asphalt such as sand, gravel, and stone, metals such as steel, copper, and lead, petrochemical construction materials such as plastics, and water Fossil fuels such as gasoline and oil would also be consumed in the use of construction vehicles and equipment Subsequent use and maintenance of the proposed Plaza EI Segundo would also require the long-term consumption of these nonrenewable resources These would include energy resources such as electricity and natural gas, as well as petroleum- based fuels required for the increased number of vehicle trips to be generated by the Plaza El Segundo The proposed Plaza EI Segundo would add traffic to local roads, and would result in long-term increases in ambient air pollution and noise levels Potential irreversible damage from environmental accidents associated with the project are unlikely and would be avoided by compliance with the mitigation measures proposed in this EIR as well as existing city, county, state, and federal safety regulations IV. STATEMENT OF OVERRIDING CONSIDERATIONS. The City Council finds on the basis of the FEIR and the record of proceedings in this matter that the unavoidable significant impacts of the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Reduced Traffic Generation Alternative are acceptable when balanced against the benefits of the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Reduced Traffic Generation Alternative This determination is based on the following factors and the substantial public, social, economic, and environmental benefits flowing from the Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development Reduced Traffic Generation Alternative as identified in the FEIR and the record of proceedings to the matter Each benefit set forth below constitutes an overriding consideration warranting approval of each project, independent of other benefits, despite each and every avoidable impact (a) Development of a property that is substantially vacant and is currently underutilized (b) The project would facilitate the environmental remediation of existing subsurface soil and groundwater contamination on and around the property associated with the previous use of the project site 106 155 (c) Re-designation and rezoning of industrial property for more productive commercial uses (d) Elimination of blighted areas and providing an attractive urban destination (e) Increasing and further stabilizing the City's tax base through development of new commercial businesses (f) Providing both short-term construction employment and long-term permanent employment (approximately 1,904 fobs for the Rosecrans/ Sepulveda Site Rezoning of which approximately 952 fobs would be associated with the Plaza El Segundo Development )within the City of El Segundo (g) Increase in employment opportunities for the City's residents (h) The Plaza EI Segundo Development will add to the diversification of the economic base in the City by providing for new larger format retail uses that do not currently exist in the City (i) The development will provide significant fiscal benefit to the City by generating additional business license and sales tax revenue for the City's General Fund tj) The development will Increase City revenues through the generation of taxes that outweigh the City's cost of services (k) The Plaza EI Segundo Development will generate an annual net fiscal benefit (revenues versus City expenses) that would range from approximately $1 082,049 to $1,611,424 in the first year of operation, rising to a range of approximately$1,307,922 to $1,958,987 in the eighth year of operation (1) The Sepulveda/Rosecrans Site Rezoning is immediately adjacent to the 2,000,000 square-foot Continental Park office development, the 2,000,000 square-foot Raytheon campus, and other office buildings along the Rosecrans Avenue commercial corridor The proposed prosect will provide additional retail uses and services to these employment centers (m) Development of a project that is consistent with the Elements of the General Plan (n) The project would provide a comprehensive and coordinated design of the entire project site, including landscape amenities to substantially improve the aesthetic appearance of the site and the surrounding area (o) The project would reduce the maximum permitted floor area ratio on the property from 0 6 1 to 0 275 1 (p) Funding on-site and off-site Circulation Element planned improvements, including new and widened roadways, intersections, signals, medians and landscaping in the project vicinity at no cost to the City (q) The Project will include the construction of two new roadways (Park Place and Allied Way extensions) that will further the City's goal of implementing 107 156 the 2004 Circulation Element Master Plan of Streets and improving the circulation system to the southeast quadrant of the City (r) The Sepulveda/Rosecrans Site Rezoning will include the widening of Sepulveda Boulevard on the east side of the street to provide acceleration and deceleration lanes to serve the project and widening a portion of the north side of Rosecrans Avenue to provide a dedicated right-turn lane The developer will dedicate property for the lane widening providing a public benefit to the entire City (s) Expansion of the planned ITS network that will increase its effectiveness in relieving congestion (t) Contribution of$1,500,000 to the City aquatic related recreational uses (u) Contribution of approximately $250,000 to enhance, promote and maintain the public improvements adjacent to businesses and property owners in the Downtown Specific Plan area of El Segundo (v) Contribution of approximately $250,000 to traffic impact mitigation fees to offset the impacts of the protect on public roadway infrastructure (w) Contribution of approximately $119,000 in police, fire, and library, mitigation fees to offset the impacts of the project on public services. (x) A development agreement, including all of the consideration and benefits received by the City thereunder, which provides the City with certainty respecting the development process, including but not limited to the potential uses that will be developed on the property V. RECIRCULATION. A 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 December 15, 2005. 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 B Finding Pursuant to CEQA Guideline § 15088 5 and Public Resources Code § 21092 1, and based on the FEIR and the record of proceedings in for the Rosecrans/Sepulveda Site Rezoning and Plaza EI Segundo Development, 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 108 157 Rosecrans/Sepulveda Site Rezoning and Plaza EI 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 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 Code § 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 VI. SUBSTANTIAL EVIDENCE. The City Council finds and declares that substantial evidence for each and every finding made herein is contained in the FE1R, which Is incorporated herein by this reference, and in the record of proceedings In the matter To the extent applicable, each of the other findings made by the City Council in connection with its approval of the entitlement applications listed in Section I above are also incorporated herein by this reference P 1Planning&Budding Safety\PROJECTS1626-6501EA-631\Council Agenda Packeffinal Approved Documents%EA- 631 CEQA Resolution findings Exh A RTGA doc 109 158 ATTACHMENT 5 EXHIBIT"A" TO ORDINANCE NO. 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 REVISED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO, PES PARTNERS, LLC AND STREET RETAIL, INC. (AREA A) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 160 TABLE OF CONTENTS 1. Recitals...................................................................................................................... ........ ...1 2. Property Subiect to this Agreement...................................:.......................................................3 3. Bidding I3ffect............................................................................................................................4 3.1 Constructive Notice and Acceptance.......................................................................4 3.2 Rights to Assign.......................................................................................................4 3.3 Liabilities Upon Transfer.........................................................................................4 4. Develovment of the Provertv.....................................................................:.......::......................4 4.1 Permitted Uses.................. ......................................................................................4 4.2 Limitations on Uses. ................................................................................................5 4.2.1 Sales Tax.Generating....... ...........................................................................5 4.2.2 Food to Go Restaurant................................................................................ 5 4.2.3 Fast Food Restaurants..................................................................................5 4.2.4 Automobile Sales.........................................................................................5 4.2.5 Farmer's Market...........................................................................................6 4.2.6 Parkiniz........................................................................................................ 6 4.2.7 Monument Sign............................................................................................6 4.3 Development Standards...........................................................................................6 4.3.1 Tenant/Owner Use St)ace.............................................................................6 4.3.2 Limitations on Minimum Square Footage of Buildings and Space - Phase lA Onlv ................................................................................6 4.3.3 Transfer of Development Rights..................................................................6 4.4 Building Standards...................................................................................................7 4.5 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications ..............................................................................................................7 4.6 Use of Easements............................................................................:....................... 7 5. Vesting of Development Rights.................................................................................................7 5.1 ADDlieable Rules. ..................................................................................................7 5.2 Entitlement to Develop.............................................................................................7 5.3 Subsequent Enactments............................................................................................8 5.4 Future Apnrovals ................................................... .................................................8 5.4.1 Minor Modifications to Pro iect....................................................................8 5.4.2 Modification of Proiect Approvals ..............................................................8 5.4.3 Modifications Requiring Amendment to this Agreement............................8 5.5 Plan Review ............................................................................................................9 5.6 Timing of Development........................................................................................ 10 5.7 Term ...........................................................................................:.................:.... 10 5.8 Issuance of Building Permits......................................... ......................10 5.9 Satisfaction of Mitiaation Measures and Conditions ............................................10 5.10 Moratorium............................................................................................................10 5.11 Performance of City Planning and Building.Safety Director Duties.................... 11 6. Developer Agreements ............................................................................................................11 6.1 General.................................................................................................................. 11 6.2 Develotament Fees..................................................................................................l l ii 161 6.3 Maintenance Obligations...................................................................................... 11 6.4 Term of MaD(s)and Other Pro iect Annrovals...................................................... 11 6.5 Sales and Use Tax..................................................................................................11 6.6 Future Construction Activities...............................................................................12 6.7 Park Place Extension ............................................................................................ 12 6.7.1 Park Place Extension Requirement............................................................12 6.7.2 Park Place Extension Funding...................................................................13 6.7.3 Irrevocable Offers to Dedicate .........................................:..:.......:......,......13 6.7.4 Developer Fundina ................................................................ ............... 14 6.7.5 FundinR/Financinp- for the Desian, Acquisition and Construction of the Park Place Extension........................................................................... 15 6.7.6 Use of Park Place Extension Funds for Construction of Park Place .........15 6.7.7 City Acknowledaernent of Transfer of Resvonsihilities and Recordation of RSP 4 Deed of Trust..............................................................................15 6.8 Third-Party Agreements Restrictina Uses on Property .........................................15 7. City_ IDevelooer Agreements .................................................................. .. ........... ...............16 7.1 Expedited Processing..............................................................................................16 7.2 Processing Cooperation and Assistance ...........................................,...................16 7.3 Processing During Third Party Litigation..............................................................16 8. Modification/Susnension.............................................................................,............................16 9. Demonstration of Good Faith Compliance................................................................................ 17 9.1 Review of ComDIiance............................................................................................17 9.2 Good Faith ComDliance.......................................................................................... 17 9.3 Information to be Provided to Developer............................................................... 17 9.4 Notice of Non-Comoliance: Cure Riahts................................................................ 17 9.5 Determination of Developer's Cornoliance............................................................. 17 9.6 Failure of Periodic Review..................................................................................... 18 10. Excusable Delays...................................................................................... ............................ 18 11. Default Provisions. ................................................................................................................... 18 11.1 Default .................................................................................................................... 18 11.2 Content of Notice of Violation...............................................................................19 11.3 Remedies for Breach...............................................................................................19 12. Mortaaa_ee Protection ............................................................................................................. 19 12.1 Mortgage Not Rendered Invalid ........................................................................... 19 12.2 Request for Notice to Mortgaaee ...........................................................................19 12.3 Mortaagce's Time to Cure........................................................................ ...........19 12.4 Cure Riahts .............................................................................................................20 12.5 BankruDtcv..............................................................................................................20 12.6 Disaffirmation.........................................................................................................20 13. Estoppel Certificate ................................................................................................................20 14. Administration of Agreement.................................................................................................21 14.1 Avpeal of Staff Determinations..............................................................................21 14.2 Operating Memoranda............................................................................................21 14.3 Certificate of Performance..............................:.......................................................21 15. Amendment or Termination by Mutual Consent....................................................................21 iii 162 16. Indemnification/Defense............................................................................................ .........21 16.1 Indemnification...................................................................................................... 21 16.2 Defense of Aueement........................................................................................... 22 17. Time of Essence .....................................................................................................................22 18. Effective Date .........................................................................................................................22 19. Notices................................................................................................................................... 22 20. Entire Aareement....................................................................................................................23 21. Conditions of Approval ..........................................................................................................23 22. Waiver. ...................................................................................................................................23 23. Severabilitv ............................................................................................................................ 23 24. Relationship of the Parties..................................................................................................... 23 25. No Third Part Beneficiaries....................................................................................................24 26. I:ecoi,dation of Aureement and Amendments.........................................................................24 27. Cooperation Between City and Developer.............................................................................24 28. Rules of Construction.............................................................................................................24 29. Joint Pret)aration .....................................................................................................................24 30. Governing Law and Venue.....................................................................................................24 31. Attorneys' Fees.........................................................................................................................24 32. Coiiiitemarts............................................................................................................................24 33. Weekend/Holiday Dates.........................................................................................................24 34. Not a Public Dedication..........................................................................................................25 iv 163 REVISED AND RESTATED DEVELOPMENT AGREEMENT This Revised and Restated Development Agreement (the "Agreement") is made and entered into by and between the CITY OF EL SEGUNDO, a municipal corporation(referred to hereinafter as"City"), PES PARTNERS,LLC, a California limited liability company and STREET RETAIL, INC. (individually and collectively referred to hereinafter as "Developer") as of this day of , 2017. City and Developer are referred to hereinafter individually 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. 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: 1.1 Pursuant to Government Code Section 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. 1.2 Developer is the owner of that Property which is more particularly described in EXHIBIT A,which is attached hereto and incorporated herein by this reference(the"Property" or"Area A"). 1.3 Developer and/or Developer's Predecessors in Interest have entered into a Development Agreement with the City regarding the Property and six amendments thereto as well as an Operating Memorandum with regard to the Development Agreement. A summary of each of the previous approvals, the related entitlements and the recording information is more particularly described in EXHIBIT B, which is attached hereto and incorporated herein by this reference. 1.4 The City certified a Final Environmental Impact Report for Environmental Assessment No. 631 (SCH No.2003121037)(the"EIR"),and approved the Mitigation Monitoring Plan for the EIR; General Plan Amendment No. 03-4, Zone Change No. 03-2, Zone Text Amendment No. 04-1, Subdivision No. 03-7 (Vesting Tentative Tract No. 061630), and the Original Development Agreement No. 03-1 (the foregoing are collectively referred to as the "Original Project"). Concurrently with the City's approval of the Original Project, as part of General Plan Amendment No. 03-5, Zone Change 03-3, and Zone Text Amendment No. 04-1,the City redesignated and rezoned other property in the vicinity of the Property with a "Commercial Center (C-4)" land use and zoning designation (the "Other C-4 Property.") This area is approximately acres. 1.5 The City prepared Addendums for the Second and Fifth Amendments to the Development Agreement. It was determined that no other CEQA documentation was required for the First, Third, Fourth and Sixth Amendments to the Development Agreement. 1 164 1.6 The Development Agreement relates to the development of a total of 51.70 gross/46.60 net (after street dedication) acres. The Development is broken up into two Phases. Phase I is commonly known as Plaza El Segundo and is approximately 3 3.5 5 acres. Phase 1B is commonly known as The Point and is approximately 18.15 acres. The total square footage allowed prior to this Agreement was 498,442 gross square feet that includes large retail stores, specialty retail stores, sit-down restaurants and other uses (the "Project"). Phase IA currently consists of approximately 379,495 square feet. Phase 1B currently consists of approximately 117,914 square feet. 1.7 This Revised and Restated Development Agreement authorizes up to an additional 18,850 square feet to be developed in either Phase lA or Phase 113 in accordance with the provisions of this Development Agreement for up to a total gross square footage of 517,292 square feet. Additionally, this Agreement makes other changes that will help insure the success of the shopping centers by allowing additional uses and eliminating specific square footage requirements of allowed uses to provide more flexibility in the mix of tenants allowed in the Property. 1.8 The trip caps established by the original approvals will remain in place. r Additionally, Developer and City have agreed to a percentage limit of non-taxable uses in each shopping center to insure the City continues to receive a tax benefit from the project. 1.9 By this Agreement, each Party desires to obtain the binding agreement of the other Party to develop the Property in accordance with the Project Approvals,Applicable Rules and this Agreement. 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. Developer agrees to waive its rights, if any, to challenge legally the limitations on density and use imposed upon development of the Property and other restrictions and obligations set forth in this Agreement and the Project Approvals. 1.10 City and Developer have acknowledged and agreed that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City. 1.11 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 buildout of the Project. 1.12 The proposed Project uses are consistent with the City's General Plan, as amended, (the "General Plan"). 1.13 Development of the Project has, and will continue to, further the comprehensive planning objectives contained within the General Plan, and will result in public benefits, including, among others, the following: 1.13.1 Fulfilling long-term economic and social goals for City and the 2 165 community; 1.13.2 Providing fiscal benefits to City's general fund in terms of increased employment and utility, business license, property and other tax revenues, which are anticipated to exceed $1,000,000 annually; 1.13.3 Providing both short-term construction employment and long-term permanent employment within City; 1.13.4 Phasing the construction of public infrastructure improvements with private development; 1.13.5 Eliminating blighted areas and providing an attractive urban destination; 1.13.6 Facilitating environmental remediation on and around the Property; 1.13.7 Funding planned circulation element improvements at no cost to the City; and 1.13.8 Creating significant offsite public improvements, including streets, signals, medians and landscaping. 1.14 On ,2017,the Planning Commission of the City commenced a duly noticed public hearing on this Agreement, as well as the related Zone Text Amendment and Site Plan for the increased square footage (collectively "Project Approvals"), and considered the Addendum that was prepared for these matters. At the conclusion of the hearing recommended that the City Council approve this Agreement, the related Zone Text Amendment, Site Plan and Addendum. 1.15 On , 2017, the City Council of the City ("City Council") commenced a duly noticed public hearing on this Agreement, as well as the related Zone Text Amendment and Site Plan for the increased square footage, and considered the Addendum that was prepared for these matters. Prior to approving this Agreement by Ordinance No. (the "Enabling Ordinance"),the City Council adopted Resolution No. approving the Addendum. 1.16 Section 15 of the Original Development Agreement provides for amendment of the Development Agreement upon mutual consent of the parties and in accordance with the procedures established by the Development Agreement Act. The City Council found that this Revised and Restated Agreement has been adopted in conformance with the procedures of the Development Agreement Statute set forth in Government Code §§ 65865, et seq. 2. Pronertv Subiect to this Agreement. All of the Property shall be subject to this Agreement. 3 166 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to the City and the Developer and each successive successor in interest thereto and constitute covenants that run with the Property. Any and all rights and obligations that are attributed to the Developer under this Agreement shall 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 Property in which the Developer has a legal interest is,and shall 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 Assign. Developer may assign or transfer its rights and obligations under this Agreement with respect to the Property,or any portion thereof,to any person at any time during the term of this Agreement without approval of the City. 3.3 Liabilities Uinon Transfer. Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of all or any portion of the Property, Developer will be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer, if(i) Developer has provided to the City prior or subsequent written notice of such transfer and (ii) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred by executing an Assignment and Assumption Agreement in the form of EXHIBIT C attached hereto and incorporated herein by reference. Upon any transfer of any portion of the Property and the express assumption of Developer's obligations under this Agreement by such transferee, the City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. Any such transferee shall be entitled to the benefits of this Agreement as"Developer"hereunder and shall be subject to the obligations of this Agreement applicable to the pareel(s)transferred. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Developer's rights hereunder with respect to any portion of the Property not owned by such transferee. The transferee shall be responsible for satisfying the good faith compliance requirements set forth in Section 9 below relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between the City and a transferee shall only affect the portion of the Property owned by such transferee. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. The limitations imposed within this Agreement are primarily intended to ensure that the Project remains principally retail in nature, while allowing additional uses that complement the retail tenant base in order to maintain a thriving retail center with minimal vacancies. 4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property are those set forth in the City's Municipal Code for the Commercial Center (C-4) zone. 4 167 4.2 Limitations on Uses. 4.2.1 Each of the allowable uses in the C-4 Zone can be categorized as either"Sales Tax Generating" or "Non-Sales Tax Generating," as defined herein. While the City recognizes that Non-Sales Tax Generating Uses are essential to maintaining a viable tenant mix, the City desires to maximize the overall percentage of Sales Tax Generating Uses on the Property. Accordingly, Developer, and its successors and assigns, agree that, at all times during the term of this Agreement, the uses on the Property will be maintained in accordance with the following proportions. For purposes of the calculation, the percentage is based on total gross leasable area. AREA Sales Tax Generating Non- Uses Sales Tax Generating Uses Phase I—Plaza El Segundo 80 % minimum 20% maximum Phase 1B —The Point 65% minimum 35% maximum For purposes of this section, "Sales Tax Generating Uses" includes retail sales uses (including grocery stores), restaurants and cafes, bars, and micro-breweries. "Non-Sales Tax Generating Uses" includes financial institutions, day spas, fitness centers, farmers' markets, offices of all types, personal services, recreational facilities, public assembly/assembly halls (including theaters and museums), billiard establishments, and veterinary services. The City's Finance Director, in his/her discretion, will determine whether any use not specifically listed here should be classified as Sales Tax Generating or Non-Sales Tax Generating. The Finance Director's determination may be appealed to the City Council. Any such appeal must be made in writing and delivered to the City Clerk within ten calendar days of the Director's decision. 4.2.2 Food to Go Restaurant. "Food to go"restaurants(defined in Section 15-1-6 of the El Segundo Municipal Code) shall not be allowed anywhere on the Property as a permitted or conditionally permitted use. 4.2.3 Fast Food Restaurants. Unless such use is incidental to the primary business of an occupant of a building, "Fast food" restaurants are prohibited in Phase IA within 150 feet of Sepulveda Boulevard and in Phase 1B within ninety(90) feet of Sepulveda Boulevard or Rosecrans Avenue. "Fast food"restaurant is defined as"A restaurant where customers purchase food and beverages and either consume the food and beverages on the premises within a short period of time or take the food and beverages off the premises. Typical characteristics of a fast food restaurant include, without limitation, the purchase of food and beverages at a walk-up window or counter, no table service by a server, payment for food and beverages prior to consumption, and the packaging of food and beverages in disposable containers. A restaurant is not considered a fast food or take-out restaurant solely on the basis of incidental or occasional take-out sales. 4.2.4 Automobile Sales. The indoor sale of automobiles and, as an accessory use to the sale of automobiles, the sale of automobile accessories and automobile parts 5 168 shall be permitted in Phase 1B, provided such use does not exceed 5,000 square feet of leasable floor area and provided that automobile repair and maintenance uses shall not be permitted. 4.2.5 Farmer's Market. A certified Farmer's Market, at which farmers and other vendors sell produce, baked goods, dairy products and other food and retail goods directly to consumers, is permitted to operate in the parking lot of Phase 1. A musician may be present, with amplified sound. The market will typically operate one day per week and only between the hours of 8:00 a.m. and 3:00 p.m.,with set-up between 7 a.m. and 8:00 a.m. and clean- up between 3 p.m. and 4 p.m. The Farmer's Market is not allowed to operate on the same day as the Farmer's Market that operates in Downtown El Segundo. A site plan that includes the location of the Farmer's market must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety. 4.2.6 Parking. The total number of parking spaces provided on an individual parcel need not comply the El Segundo Municipal Code,provided that the total number of parking spaces within the entire Phase 1 Shopping Center conform to the El Segundo Municipal Code and provided that such parking spaces remain collectively available and accessible to all tenants of the Phase 1 Shopping Center and their customers, employees and invitees. 4.2.7 Monument Sign. For the 65 foot monument sign along the Allied Way street frontage for the area currently known as "The Edge," copy relating to tenant identification shall be limited to that portion of the sign below 35 feet in height. All copy on the sign above 35 feet shall be restricted to identification of the shopping center itself. 4.3 Development Standards. All design and development standards that shall be applicable to the Property ("Development Standards") are set forth in the El Segundo General Plan, the El Segundo Municipal Code, the Applicable Rules, the Project Approvals, and this Agreement. Additionally, the following restrictions apply: 4.3.1 Tenant/Owner Use Suace. No single use within the Project shall exceed 125,000 square feet of gross floor area in size. 4.3.2 Limitations on Minimum Sauare Footage of Buildings and Snace-- Phase I OnIy. A maximum of 75,000 square feet of the allowable building area in the Phase I area can be developed and/or utilized for uses that occupy less than 4,000 square feet of building space each. With respect to such 75,000 square feet, a maximum of 8 building pads may be less than 4,000 square feet each. As used in this Agreement, the term "building pad" means the total ground floor area of any individual building constructed on the Property. 4.3.2.1 There is no limitation on the number of uses that may occupy less than 4,000 square feet in Phase 1B. 4.3.3 Transfer of Develovment Rights. The Developer shall have the right to transfer floor area between parcels that are created within Area A as a part of the Project Approvals so long as no parcel exceeds a floor area ratio of 0.6:1. Such transfers of floor area 6 169 shall be recorded against the properties involved in the transfer of floor area in accordance with the requirements of the C-4 Zoning. The Planning and Building Safety Director or designee must review the application for transfer of floor area to ensure conformity with the requirements of this Section 4.3.3. This review shall not be subject to a public hearing process. Transfer of floor area from properties located outside of Area A to any parcel within Area A is strictly prohibited. 4.4 Building Standards. All construction on the Property shall adhere to the California Building Code, the California Electrical Code, the California Mechanical Code, the Uniform Sign Code, the Uniform Code for Abatement of Dangerous Buildings, and Uniform Administrative Code in effect at the time an application for a building permit is submitted and to any federal or state building requirements that are then in effect(collectively the"Building Codes"). 4.5 Fees, Exactions. Mitigation Measures. Conditions. Reservations and Dedications. All fees, exactions, mitigation measures, conditions, reservations and dedications of land for public purposes that are applicable to the Project or the Property are set forth in the Applicable Rules, the Project Approvals and this Agreement. Additionally, Developer shall pay all applicable fees that are in effect at the time that fees are required to be paid pursuant to Section 6.2 of this Agreement. This Section shall not be construed to limit the authority of City to charge normal and customary application, processing, and permit fees for land use approvals, building permits and other similar permits, 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 said approvals and permits are granted by City. 4.6 Use of Easements. Notwithstanding the provisions of the Applicable Rules, easements dedicated for vehicular and pedestrian use shall be 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. 5. Vesting of Developinent Rivhts. 5.1 Awlicable Rules. The Applicable Rules shall consist of the following: 5.1.1 The General Plan, as it exists on the Effective Date; 5.1.2 The City's Municipal Code, including the Zoning Code, as the Municipal Code exists on the Effective Date; 5.1.3 Such other laws, ordinances, rules, regulations, and official policies governing permitted uses of the Property, density, design, improvement, and construction standards and specifications applicable to the development of the Property in force at the time of the Effective Date, which are not in conflict with this Agreement. 5.2 Entitlement to Develou. The Developer is hereby granted the vested right to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and 7 170 any future approvals applied for by the Developer and granted by the City for the Project or the Property (the "Future Approvals"). 5.3 Subsequent Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable General Plan or specific plan, zoning, or subdivision regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such 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, as the case may be (collectively the "Subsequent Rules"), which would, absent this Agreement, otherwise be applicable to the Property, shall not be applied by the City to any part of the Property. 5.4 Future Awrovais. 5.4.1 Minor Modifications to Protect. Developer may make minor changes to the Project and Project Approvals ("Minor Modifications") without amending this Agreement upon the administrative approval of the City of El Segundo Director of Planning and Building Safety (the "City Planning and Building Safety Director") or designee, provided that such modifications are consistent with the Development Standards, Applicable Rules and Project Approvals. The City shall not unreasonably withhold or delay approval of any Minor Modification. The City shall have the right to impose reasonable conditions in connection with Minor Modifications,provided,however,such conditions shall not(a)be inconsistent with the Applicable Rules, the Project Approvals or with the development of the Project as contemplated by this Agreement; (b) directly or indirectly, unreasonably hinder, delay, impede, obstruct,interfere with, or place unreasonably burdensome or restrictive measures or requirements upon development of the Project or the Property or any portion thereof; or (c) impose additional dedications, infrastructure or public improvement obligations, fees, or exactions in excess of those identified in the Applicable Rules, the Project Approvals, or this Agreement. 5.4.2 Modification of Proiect Avorovals.. It is contemplated by City and Developer that Developer may, from time to time, pursuant to Section 5.4.1 seek amendments to one or more of the Project Approvals. Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are authorized pursuant to this Section 5.4.2 and shall, upon approval by City, continue to constitute the Project Approvals as referenced herein. The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement. 5.4.3 Modifications Requiring- Amendment to this Agreement. Any proposed modification to the Project which results in any of the following shall not constitute a Minor Modification but rather shall constitute a Major Modification and shall instead require an amendment to this Agreement pursuant to Section 15 below: (a) Any decrease in the required building setbacks as set forth in the C-4 Zone; 8 171 (b) Any increase in the total developable square footage of the entire Property in excess of the maximum FAR allowed under the C-4 Zone; (c) Any increase in height of buildings or structures on the Property above 65 feet; (d) Any decrease in the minimum required lot area as set forth in the C-4 Zone; (e) Any decrease in the minimum required lot frontage as set forth in the C-4 Zone; (f) Except as set forth in Section 4.3.3 above, any change to the requirements of the transfer of development rights as set forth in the C-4 Zone; (g) Any increase in the maximum number of A.M. and P.M. peak hour vehicle trips for the Project as specified in the conditions of approval and Mitigation Monitoring and Reporting Program(MMRP),unless a subsequent traffic report has been prepared to the reasonable satisfaction of the City's Planning and Building Safety Director that identifies potential impacts and proposes feasible mitigation measures to mitigate such impacts and otherwise complies with CEQA; (h) Any change in use to a use which is not permitted under this Agreement; (i) Any deviation from the uses and development standards or limitations set forth in Sections 4.1, 4.2 and 4.3 of this Agreement, except to the extent such Sections specifically provide for the City Council to approve of alternative uses or square footage requirements; and (j) Any material modification to Developer's obligation to dedicate the public roadways to the City as provided in the conditions of approval and the MMRP. Other than the Major Modifications listed above, all other modifications to the Project shall be considered "Minor Modifications". 5.5 Plan Review. Plans for each building on the Property, including plans for signage, trash enclosures and screening and landscaping shall be reviewed and approved by the City Planning and Building Safety Director prior to issuance of a building permit; provided however,that,notwithstanding anything to the contrary contained in the Applicable Rules,the sole purpose of such review shall be to verify consistency with the Development Standards,Applicable Rules and Project Approvals. The City Planning and Building Safety Director shall approve all features which are consistent with the Development Standards, Applicable Rules or Project Approvals or are otherwise specifically approved by this Agreement and shall have no authority 9 172 to disapprove or conditionally approve any features or matters which are consistent with or otherwise have been specifically approved by the Agreement. 5.6 Timing of Development. In Pardee Construction Co. v. Citv 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 shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment subject to the terms 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, shall apply to the Property. However, noting in this Section shall be construed to limit City's right to enforce Developer's obligation pursuant to this Agreement to provide all infrastructure required by the project Approvals and this Agreement. 5.7 Term. This Agreement shall be in effect for a period of 20 years from the Effective Date of the Enabling Ordinance. However, Developer or City shall be entitled to, by written notice to the other Party prior to the Agreement's expiration,one(1)five(5)-year extension, provided that the requesting Party is not in material default of its obligations hereunder at such time. 5.8 Issuance of Buildine Permits. No building permit, final inspection or Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed from the Developer if all infrastructure required to serve the portion of the Property covered by the building permit, final inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City prior to completion of construction and all of the other relevant provisions of the Project Approvals, Future approvals and this Agreement have been satisfied. 5.9 Satisfaction of Mitip-ation Measures and Conditions. In the event that any of the mitigation measures or conditions required of Developer hereunder have been implemented by others, Developer shall be 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, the 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 shall be deemed to be a Minor Modification pursuant to Section 5.4.1 above. 5.10 Moratorium. The City shall not impose a moratorium on the Property unless such is necessary to protect a significant threat to the health, safety and welfare of the City. 10 173 5.11 Performance of City Planning and Building Safety Director Duties. If the City determines at any time during the term of this Agreement that the duties to be performed by the City Planning and Building Safety Director under this Agreement will be performed by one or more staff members other than the Planning and Building Safety Director,the City shall endeavor to notify the Developer of such change. The City shall ensure that a person or persons are designated at all times to carry out the duties of the Planning and Building Safety Director set forth in this Agreement. 6. Developer Ap-reements. 6.1 General. The Developer shall comply with (i) this Agreement, (ii) the Project Approvals, including without limitation all mitigation measures required by the determination made pursuant to the California Environmental Quality Act, and (iii) all Future Approvals for which it is the applicant or a successor in interest to the applicant. 6.2 Development Fees. Subject to the provisions of Section 4.4 above, Developer shall pay the development fees in effect at such time that building permits are issued for the Project. The Developer shall be entitled to credits against the City's traffic mitigation fees to the extent off-site traffic improvements that are required by the Project Approvals are included in any subsequent traffic fee mitigation program adopted by the City pursuant to Government Code Section 66000 et seq. Such credits shall be based upon the actual audited costs and shall only be granted to the extent such improvements are constructed in accordance with all applicable state and local laws. The Developer waives any and all rights it may have to challenge development fees that are currently applicable to development within the City and the City's right to amend its current development fees and/or impose additional development fees. However, the Developer retains the legal right to challenge the amount of any such amended or increased development fees to the extent such are not in compliance with the requirements of Government Code Section 66000 et seq. as well as its right to receive credits against such amended or increased fees. 6.3 Maintenance Obligations. The Developer shall maintain all portions of the Property in its possession or control, and any improvements thereon, in a first class clean,neat and orderly manner. The Parties' respective maintenance obligations shall survive any termination or expiration of this Agreement. 6.4 Term of Maps) and Other Proiect Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or in the future may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 5.7 above. 6.5 Sales and Use Tax. (a) In the event the contract price for any work on the Project is valued at five million dollars ($5,000,000,000) or more, Developer agrees to report, on a State 11 174 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 shall indicate the City as a registered job site location on the State Board of Equalization Tax Return. In such event, Developer shall also obtain a permit or a sub-permit from the State board of Equalization indicating the City as the registered job site location, in accordance with State Board of Equalization Operations Memorandum No. 1023. (b) Developer further agrees that if Developer retains contractors or subcontractors to perform a portion of work in the Project, and said contracts or subcontracts are valued at five million dollars($5,000,000) or more, said contracts or subcontracts shall contain the provisions set forth in Subsection(a) above. (c) 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 6.5 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. 6.6 Future Construction Activities. Future development in the C-4 Zone will likely involve the construction of significant public infrastructure improvements (including, without limitation, public roadways and utilities). The Developer, owners and occupants of the Property are hereby on notice that such construction activities may result in reduced access to the Property and other temporary physical and financial negative impacts to the Property and the uses thereon due to traffic re-routing, noise, dust, vibration and other normal and temporary construction related impacts. Developer and owners of the Property agree not to file any claims or legal or equitable actions against the City, or against other developers in the C-4 Zone, relating to, or arising from, temporary negative impacts associated with the construction of public improvements; nor shall Developer or the owners of the Property seek to enjoin the construction activities or seek damages based upon or arising out of alleged or actual temporary business interruption to or temporary business financial losses incurred by the Developer, owners or occupants of the Property. The Developer and owners of the Property agree to include a similar provision in all future leases, or future amendments to current leases and the City shall be listed as a third-party beneficiary to such provision. This provision shall survive the termination of this Agreement and shall remain in effect for a period of 30 years from the effective date of this Agreement. 6.7 Park Place Extension. The Second Amendment to the Original Development Agreement contained provisions which provided as follows: 6.7.1 Park Place Extension Requirement. Concurrently with the City's approval of the original Project Approvals, the City also redesignated and rezoned the Other C-4 Property with a"Commercial Center (C-4)" land use and zoning designation. In connection with the development of the Other C-4 Property, Developer has acknowledged that, as an integral part of being permitted to fully develop the Other C-4 Property,Park Place(a four-lane east-west street) 12 175 will be required to be extended from its existing terminus at Nash Street to connect with Park Place in Area A(the"Park Place Extension"). To affirm Developer's commitment to develop Park Place as an integral part of the development of the Other C-4 Property if Developer or an affiliate acquires and develops substantially all of the Other C-4 Property, City has requested and Developer has agreed that as Developer, or any affiliate of Developer, acquires portions of the Other C-4 Property, to the extent such acquired portions of the Other C-4 Property include segments of the right-of-way for the Park Place Extension(the"Park Place Segments"),Developer or its affiliate shall cause the Park Place Segments to become the subject of an irrevocable offer of dedication to the City. 6.7.2 Park Place Extension Funding. In addition to agreeing to cause the Park Place Segments to become the subject of an irrevocable offer of dedication in accordance with the provisions of Recital 6.7.1 above, Developer has agreed, subject to the satisfaction of the "Park Place Extension Conditions Precedent" (as hereinafter defined) and certain other conditions (set forth is the remainder of this section 6.7 below), to fund up to Two Million Four Hundred Eighteen Thousand Dollars ($2,418,000) (the "Park Place Extension Fund") to City in order to permit City to undertake the activities to extend Park Place which includes (a) that portion of the Park Place Extension(the"Honeywell Park Place Segment")that is currently owned by Honeywell International("Honeywell"),(b)that portion of the Park Place Extension(the"Chevron Park Place Segment")that is currently owned by Chevron Corporation("Chevron")and(c)that portion of the Park Place Extension(the"Union Pacific RR Park Place Segment")that is currently owned by the Union Pacific Railroad. The approximate locations of the Honeywell Park Place Segment, the Chevron Park Place Segment and the Union Pacific RR Park Place Segment are depicted on EXHIBIT D attached hereto and incorporated herein by reference. In order to secure Developer's obligation to make the Park Place Extension Fund payment, Developer has agreed to cause Developer's affiliate, Rosecrans-Sepulveda Partners, 4, LLC's ("RSP 4") to execute the "RSP 4 Deed of Trust" (as hereafter defined) in favor of City covering approximately 8.76 acres of the Other C-4 Property currently owned by RSP 4 (the "RSP 4 Property"). In addition, in order to ensure that Developer complies with its Park Place Extension Fund obligation, Developer has agreed that a condition precedent to Developer's right to receive a Certificate of Occupancy for any building in the Other C-4 Property shall be RSP 4's execution of the RSP 4 Deed of Trust. 6.7.3 Irrevocable Offers to Dedicate. To the extent Developer, or any affiliate of Developer, acquires any portion of the Other C-4 Property and such acquired portion contains any portion of the designated right-of-way for Park Place, Developer shall execute, or cause its affiliate to execute, an irrevocable offer to dedicate such designated right-of-way portion of Park Place to the City. As used in this Section 6.7, the term "affiliate" shall mean an entity controlling, controlled by or under common control with the entity to which the term applies, whether by ownership, contract or voting control. In addition, the term"affiliate" shall mean any entity that was a member of RSP 2,which was a predecessor in interest to Developer("Member"), which Members included Mar El Segundo, LLC, a Delaware limited liability company, CCA Sepulveda,LLC,a California limited liability corporation, Continental Rosecrans-Sepulveda, Inc., a California corporation, Daniel Romano, an individual, and any affiliate of any Member. The term "affiliate" shall also include, individually, Richard Lundquist, Allan Mackenzie, Robert Comstock and Daniel Crosser. 13 176 Notwithstanding the foregoing,no irrevocable offer to dedicate shall be accepted by City until (a) the alignment of the right-of-way for the Park Place Extension has been approved by the City Engineer and any other governmental agencies having jurisdiction over such right-of-way and (b) City has initiated such steps as may be required to acquire the right-of- way for those portions of the Park Place Extension, including, without limitation, those portions owned by existing railroads, pipeline easement holders, utilities and/or other third parties whose rights could impact or interfere with the construction and use of the Park Place Extension, that have not otherwise been offered for dedication to City (cumulatively, the "Park Place Extension Conditions Precedent"). 6.7.4 Developer's Funding of City's Acquisition of the Honeywell, Chevron and Union Pacific RR Park Place Segments; Security for Developer's Performance. Subject to the satisfaction of the Park Place Extension Conditions Precedent and to all applicable governmental permits and requirements (federal, state and/or local) including, without limitation, compliance with CEQA and laws relating to hazardous materials, having been obtained and/or satisfied with respect to the approval, design, remediation and construction of the Park Place Extension and a funding plan for the design and construction of the Park Place Extension having been approved by City (which funding plan may include Developer's payment of the Park Place Extension Fund in accordance with the provisions of this Section 6.7 and any other dedications and payments as Developer, or any Developer affiliate, may agree to in connection with the development of Area B), Developer agrees, upon the (a) commencement by City of acquisition of the right-of-way for the Honeywell Park Place Segment, the Chevron Park Place Segment and/or the Union Pacific RR Park Place Segment, and(b) award of a construction contract to extend Park Place to pay, within thirty (30) days of Developer's receipt of a written request from City,to City that portion of the Park Place Extension Fund to the extent City requires all or any portion of such Fund in order to complete its acquisition of the Honeywell, Chevron and/or Union Pacific RR Park Place Segment(s). In order to secure the obligation of Developer to make the Park Place Extension Fund payment, Developer shall cause RSP 4 to execute and record a Deed of Trust secured by the RSP 4 Property, such Deed of Trust to be in a form mutually and reasonably agreed upon by City and RSP 4 (the "RSP 4 Deed of Trust") and shall only be subject to the encumbrances identified on EXHIBIT E attached hereto and incorporated herein by reference. Developer shall cause an ALTA title policy in the amount of$2,418,000 to be issued to the City for the RSP 4 Deed of Trust. In order to ensure RSP 2's performance in accordance with the provisions of this Section 6.7.4,no Certificate of Occupancy shall be issued by City for any building in Phase IB until RSP 4 has executed and recorded the RSP 4 Deed of Trust and the title policy has been issued to the City. In addition, Developer agrees to use reasonable business efforts to cause Honeywell, subject to the Park Place Conditions Precedent, to irrevocably offer to dedicate the Honeywell Park Place Segment to the City. RSP hereby acknowledges that the dedications and payments referenced in Section 6.7.3 and 6.7.4 of this Agreement may not represent the entire share of the costs that Developer or its affiliates may be ultimately required to pay towards the extension of Park Place. 6.7.5 Funding/Financing.for the Design. Acquisition and Construction of the Park Place Extension. The Parties agree to continue to work together to identify and seek to secure funding and/or financing sources for the design, acquisition and construction of the Park 14 177 Place Extension. 6.7.6 Use of Park Place Extension Funds for Construction of Park Place. To the extent the entire Park Place Extension Fund is not required to be used by City for the acquisition of the Honeywell, Chevron and/or Union Pacific RR Segments, any funds remaining shall be paid to City by Developer within thirty (30) days of Developer's receipt of a written request from City confirming the award of a construction contract to extend Park Place; provided, however, to the extent Developer, or any affiliate of Developer, from time to time, acquires all or any portion of the Honeywell, Chevron and/or Union Pacific RR Segments, the Park Place Extension Fund shall be reduced by an amount equal to $30 multiplied by the total number of square feet in the Honeywell, Chevron and/or Union Pacific RR Segments acquired by Developer, or any affiliate of Developer, and irrevocably offered for dedication to the City in accordance with the provisions of Section 6.7.3 above. 6.7.7 Citv Acknowledizement of Transfer of Responsibilities and Recordation of RSP 4 Deed of Trust. City acknowledges that the reauirements of this Section 6.7 relatinv-to the RSP 4 Deed of Trust has been satisfied. The RSP 4 Deed of Trust was recorded as Instrument Number 20120003205 on January 3, 2012 in the County Recorder's Office of Los Angeles County. City further acknowledges that Developer and RSP4 recorded an Amended and Restated Restrictive Covenants and Grant of Easements Agreement whereby RSP 4 agreed to comply with all obligations regarding the Park Place Extension("Revised Restrictive Covenant"). This document was recorded as February 2, 2012 as Instrument Number 20120190609 in the County Recorder's Office of Los Angeles County. The City acknowledges that the obligations set forth in this Section 6.7 are of no further force and effect as it pertains to Developer. The sections are set forth above for purposes of providing a reference for the Revised Restrictive Covenant. 6.8 Third-Party Aureements Restrictine Uses on Property. Developer warrants and represents that it has not and will not enter into any agreements with third-parties, or record any restrictions against the Property, which directly or indirectly limit the potential uses for the Property that are currently permitted pursuant to this Agreement or in the C-4 Zone in any respect, including but not limited to types and/or sizes of structures or businesses, types of uses, or the owners of any businesses allowed on the Property. The Developer may request that the City Council consent to any such restriction which consent may be withheld in the City Council's sole discretion. Without acknowledging that any of the uses identified in (5) and (7) below are permitted pursuant to this Agreement or the C-4 Zone,the provisions of this Section 6.11 shall not apply to, or affect or restrict the terms of. (1) any lease between the Developer and a bona fide tenant of the Property for purposes of restricting competition relating to the tenant's business: (2) any purchase and sale agreement between the Developer and a bona fide retail business/purchaser of one or more parcels of the property for purposes of restricting competition relating to the retailer's business; (3) any agreement or permit between the Developer and any federal, state or regional regulatory agency (not including the County of Los Angeles (except to the extent County permits may be required to drill any wells on the Property and/or to discharge into the sanitary sewer system) or cities), such as, but not limited to the Army Corps of Engineers, the Environmental Protection Agency, the Department of Fish and Wildlife, the Department of Toxic Substances Control, the Public Utilities Commission, the Regional Water Quality Control Board 15 178 and the California Department of Fish and Game; (4)normal and customary covenants, conditions and restrictions for retail centers (commonly referred to as "CC&R's") so long as such do not restrict the uses that are currently permitted on the Property pursuant to this Agreement or the C- 4 zone; (5) any restrictions on residential, health care, child care, schools, or other similar uses imposed by the current owner of the Property, Honeywell International Inc.; (6) any restrictions on using groundwater underneath the Property for human consumption, irrigation, or other purposes that might bring groundwater into contact with humans; or (7) restrictions prohibiting bowling alleys, arcades, skating rinks, billiard rooms, carnivals or circuses, the sale of used goods or materials, dance halls, bars (not including bars that are an ancillary use to another permitted use); funeral parlors, the sale of paraphernalia for use with illegal drugs, automobile services (including but not limited to service stations), automobile sales, liquidation sales (not including court ordered sales), veterinary services (except as ancillary use to a pet store), tattoo parlors and pawn shops. 7. City/Developer Ap-reements. 7.1 Expedited Processing. The City shall process, at Developer's expense, 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 the City's accelerated plan check process under the Applicable Rules. Without limiting the foregoing, if requested by Developer, the 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. 7.2 Processing Cooperation and Assistance. To the extent permitted by law,the City shall reasonably cooperate with the Developer in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi- governmental entity in connection with the development of the Project or the Property. Without limiting the foregoing,the City shall reasonably cooperate with the Developer in any dealings with federal, state and other local governmental and quasi-governmental entities concerning issues affecting the Property. The City shall endeavor to keep the Developer fully informed with respect to its communications with such agencies which could impact the development of the Property. 7.3 Processing Durim Third Party Litintion. The filing of any third party lawsuit(s) against the City or the Developer relating to this Agreement,the Project Approvals, any Future Approvals or to other development issues affecting any portion of the Property or the Project shall not hinder, delay or stop the development, processing or construction of the Project, approval of the Future approvals, or issuance of ministerial permits or approvals, unless the third party obtains a court order restraining the activity. 8. Modification/Susnension. Pursuant to Government Code Section 65869.5,in the event that any state or federal law or regulation, enacted after the Effective Date (as defined in Section 18), 16 179 precludes compliance with any provision of this Agreement, such provision shall be deemed modified or suspended to the extent practicable to comply with such state or federal law or regulation, as reasonably determined necessary by City. Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof upon the Agreement, the provisions hereof shall be restored to their full original effect. 9. Demonstration of Good Faith Compliance. 9.1 Review of Compliance. In accordance with Government Code Section 65865.1, this Section 9 and the Applicable Rules, once each year, on or before each anniversary of the Effective Date ("Periodic Review"), the City Planning and Building Safety Director shall review the extent of the 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. 9.2 Good Faith Comuliance. During each Periodic Review,the Developer shall demonstrate by written status report 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" shall mean that the Developer has demonstrated that it has acted in a commercially reasonable manner(taking into account the circumstances which then exist) and in good faith in and has substantially complied with the Developer's material obligations under this Agreement. 9.3 Information to be Provided to DeveloW. The City shall deliver to the Developer a copy of all staff reports prepared in connection with a Periodic Review, any prior staff reports generated during the review period, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review, but in no event later than six (6) business days prior to the City Planning and Building Safety Director's submittal of a report setting forth his or her determination as to the results of the Periodic Review. Subject to the provisions of Section 14.1 below, upon the Developer's request, the Developer shall be given a full and adequate opportunity to be heard orally and in writing regarding its performance and, at its option, the city's performance under the Agreement prior to the completion of the City Planning and Building Safety Director's Periodic Review. 9.4 Notice Of Non-Compliance: Cure Rights. Subject to the provisions of Section 14.1 below, if at the completion of any Periodic Review, the City Planning and Building Safety Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property (i) the Developer has not demonstrated that it is in good faith compliance with this Agreement, and (ii) that the Developer is out of compliance with a specific substantive term or provision of this Agreement, then the City Planning and Building Safety Director may issue and deliver to the Developer a written Notice of Violations set forth in Section 11.1 below. 9.5 Determination of Developer's Compliance. If the City Planning and Building Safety Director determines that the Developer has demonstrated that it is in good faith 17 180 compliance with this Agreement, the City Planning and Building Safety Director's determination shall be deemed final and non-appealable. If the Developer appeals to the Planning Commission a determination by the City Planning and Building Safety Director that the Developer is not in compliance with this Agreement and the Planning Commission determines that the Developer has demonstrated that it is in good faith compliance with this Agreement, the Planning Commission's determination shall be deemed final and non-appealable. If the Developer appeals to the City Council a determination by the Planning Commission that the Developer is not in compliance with this Agreement and the City Council determines that the Developer has demonstrated that it is in good faith compliance with this Agreement, the City Council's determination shall be deemed final and non-appealable. 9.6 Failure of Periodic Review. The City's failure to review, at least annually, compliance by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. 10. Excusable Delays. Performance by any Party of its obligations hereunder shall be excused during any period of"Excusable Delay," as hereinafter 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 shall mean delay that directly affects, and is beyond the reasonable control of, the party claiming the delay, including without limitation: (1) act of God; (b) civil commotion: (c) riot: (d) strike,picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) reasonably unforeseeable delay caused by a reasonably unforeseeable restriction imposed or managed by a governmental entity other than City; (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Future Approval or any other action necessary for development of the Property, (i) delays caused by any default by City or the Developer hereunder, or 0)delays due to the presence or remediation of hazardous materials. The term of this Agreement shall be extended by any period of Excusable Delay. 11. Default Provisions. 11.1 Default. Either Party to this Agreement shall be deemed to 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 shall not be less than ten(10) days for monetary defaults, and not less than sixty (60) days for non-monetary defaults from the date that the notice is deemed received, provided if the breaching Party cannot reasonably cure a non-monetary default within the time set forth in the notice, then the breaching Party shall not be in default if it commences to cure the default within such time limit and diligently effects such cure thereafter. If the City determines that a default may have occurred,the City shall give written notice to the Developer of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code Sections 65867 and 65868. At the time and place set for the hearing on termination, the Developer shall be given an opportunity to be heard. If the City Council finds based upon the evidence that the Developer is in breach of this Agreement, 18 181 the City Council may modify or terminate this Agreement. 11.2 Content of Notice of Violation. Every Notice of Violation shall state with specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged breach, (including references to the pertinent provisions of this Agreement), the portion of the Property involved, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given in accordance with Section 19 hereof. 11.3 Remedies for Breach. The Parties agree that the remedies for breach of this Agreement shall be limited to the remedies expressly set forth in this section. Developer's remedies for any breach of this Agreement by City shall be limited to injunctive relief and/or specific performance. 12. Mortp-aaee Protection. This Agreement shall not prevent or limit the Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The 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 the Developer and representatives of such lender(s)to provide within a reasonable time period the City's response to such requested interpretations. The City will not unreasonably withhold its consent to any such requested interpretation,provided that such interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof, including without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity who obtains title by deed-in-lieu of foreclosure on the Property shall be entitled to the following rights and privileges: 12.1 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the priority of the lien of any mortgage or deed of trust on the Property made in good faith and for value. No Mortgagee shall have an obligation or duty under this Agreement to perform the Developer's obligations, or to guarantee such performance, prior to taking title to all or a portion of the Property. 12.2 Request for Notice to Morteaece. The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive a copy of any Notice of Violation delivered to the Developer. 12.3 Mortp-ap-ee's Time to Cure. The city shall provide a copy of any Notice of Violation to the Mortgagee within ten(10)days of sending the Notice of Violation to the Developer. The Mortgagee shall have the right, but not the obligation, to cure the default for period of thirty (30) days after receipt of such Notice of Violation. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Mortgagee obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee shall have until thirty(3 0)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 19 182 such default is cured no later than one (1) year after Mortgagee obtains such possession. 12.4 Cure Rip-lits. Any Mortgagee who takes title to all of the Property, or any part thereof,pursuant to foreclosure of the mortgage or deed of trust,or a deed in lieu of foreclosure, shall succeed to the rights and obligations of the Developer under this Agreement as to the Property or portion thereof so acquired; provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of the Developer arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary or non- monetary obligations due under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been satisfied. 12.5 BankruDtev. 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 the Developer, the times specified in Section 12.3 above shall be extended for the period of the prohibition, except that any such extension shall not extend the term of this Agreement. 12.6 Disaffirmation. If this Agreement is terminated as to any portion of the Property by reason of(i) any default or(ii) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for the Developer or its property, the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement. This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section. 13. Estoppel Certificate. At any time and from time to time, the Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the 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 shall execute and return the certificate within thirty (30) days following receipt of the notice. The failure of the City to deliver such a written notice within such time shall constitute a conclusive presumption against the City that, except as may be represented by the 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 City Planning and Building Safety Director shall be authorized to execute, on behalf of the City, any Estoppel Certificate requested by the Developer. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 20 183 14. Administration of Agreement. 14.1 Anneal of Staff Determinations. Any decision by City staff concerning the interpretation or administration of this Agreement of development of the Property in accordance herewith may be appealed by the Developer to the Planning Commission, and thereafter, if necessary, to the City Council pursuant to the El Segundo Municipal Code. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this Section. Final determinations by the City Council are subject to judicial review subject to the restrictions and limitations of California law. 14.2 Dtneratinp- 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 shall effectuate such clarification through operating memoranda approved in writing by City and Developer,which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by City and the Developer. Operating Memoranda are not intended to and shall not constitute an amendment to this Agreement but are mere ministerial clarifications, therefore public notices and hearings shall not be required. The City Attorney shall be 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 15 below. The authority to enter into such operating memoranda is hereby delegated to the City Planning and Building Safety Director, and the City Planning and Building Safety Director is hereby authorized to execute any operating memoranda hereunder without further City Council action. 14.3 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, the City shall provide the Developer, upon the Developer's request, with a statement ("Certificate of Performance") evidencing said completion or revocation and the release of the Developer from further obligations hereunder, except for any ongoing obligations hereunder. The Certificate of Performance shall be signed by the appropriate agents of the Developer and the City and shall 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 California Civil Code Section 3093. 15. 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 the Developer, and upon compliance with the provisions of Government Code Section 65867. 16. Indemnification/Defense. 16.1 Indemnification. The Developer shall indemnify, defend with counsel 21 184 reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, the Developer's performance pursuant to this Agreement except to the extent such is a result of the City's negligence or intentional misconduct. Developer shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or the Project Approvals or any provisions thereof,including without limitation the CEQA determination and rezoning relating to the Other C-4 Property which is not otherwise the subject of this Agreement. 16.2 Defense of Agreement. If the City accepts Developer's indemnification and defense as provided in Section 16.1 above, the City agrees to and shall timely take all actions which are necessary or required to uphold the validity and enforceability of this Agreement and the Applicable Rules. This Section 16 shall survive the termination of this Agreement. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Effective Date. This Agreement shall become operative on the date the Enabling Ordinance approving this Revised and Restated Development Agreement becomes effective (the "Effective Date")pursuant to Government Code Section 36937. 19. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered or certified mail,return receipt requested,with postage prepaid,by overnight delivery, or by facsimile to the respective mailing addresses, as follows: If to City: City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: City Clerk With a Copy to: Hensley Law Group 3655 Torrance Boulevard Suite 300 Torrance, California 90503 Attention: Mark D. Hensley, Esq. If to Developer: Street Retail Inc. Debbie Colson Senior Vice President, Legal Operations 1626 E. Jefferson Street Rockville, MD 20852-404 22 185 With a Copy to: Jeffrey S. Berkes Vice President Federal Realty Investment Trust 356 Santana Row, Suite 1005 San Jose, CA 95128 With a Copy to: Wallin, Kress, Reisman&Kranitz, LLP 2800 Twenty-Eighth Street, Suite 315 Santa Monica, CA 90405 Attention: Lisa E. Kranitz, Esq. Either City or Developer may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is affected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. 20. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof,and all prior agreements or understandings,oral or written, are hereby merged herein. This Agreement shall not be amended,except as expressly provided herein. This Agreement specifically supersedes each of the recorded documents listed in EXHIBIT B hereto. 21. Conditions of ADnroval. The Conditions of Approval from all previous approvals have been revised and restated and are attached hereto as EXHIBIT F, which is attached hereto and incorporated herein by reference. These Conditions supersede the conditions attached to all previous approvals. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. 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 shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. 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 shall be construed as creating the relationship of partners,joint ventures or any other association of any king or nature between City and Developer,jointly or severally. 23 186 25. No Third Part 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 shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City. 27. Cooperation Between Citv and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be reasonably necessary to carry out the purposes of this Agreement. Upon satisfactory performance by Developer, and subject to the continuing cooperation of the Developer,City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and development of the Project or Property in accordance with the terms of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Applicable Rules or the Project Approvals or the Future Approvals, the provisions of this Agreement shall control. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Los Angeles, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Los Angeles. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this section shall include attorneys' fees on any appeal and any post- judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. 33. Weekend/Holiday Dates. Whenever any determination is to be made or action to be taken 24 187 on a date specified in this Agreement, if such date shall fall upon a Saturday, Sunday or holiday observed by federal savings banks in the State of California, the date for such determination or action shall be extended to the first business day immediately thereafter. 34. Not a Public Dedication. Except as otherwise expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Property,or of the Project,or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property. The Developer shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon,by any person for any purpose which is not consistent with the development of the Project. Any portion of the Property conveyed to the City by the Developer as provided herein shall be held and used by the City only for the purposes contemplated herein or otherwise provided in such conveyance, and the City shall not take or permit to be taken (if within the power or authority of the City) any action or activity with respect to such portion of the Property that would deprive the Developer of the material benefits of this Agreement, or would in any manner interfere with the development of the Project as contemplated by this Agreement. IN WITNESS WHEREOF, Developer and City of El Segundo have executed this Development Agreement on the date first above written. CITY: City of El Segundo, a municipal corporation By: Mayor ATTEST Tracy Weaver City Clerk APPROVED AS TO FORM: By: Mark D. Hensley, City Attorney 25 188 DEVELOPER: PESP PES PARTNERS, LLC, a Delaware limited liability company By: Street Retail, Inc., a Maryland corporation Its: Manager By: Jeffrey S. Berkes, Vice-President Western Region .STREET STREET RETAIL, INC., a Maryland corporation By: Jeffrey S. Berkes,Vice-President Western Region 26 189 EXHIBIT A LEGAL DESCRIPTIONS The Plaza El Seffundo Praverty—Phase 1A Lots 1 through 17 of Vesting Tract No. 61630, in the City of El Segundo, County of Los Angeles, State of California, as per map filed in Book 1370, Pages 41 through 51, of Maps,in the Office of the County Recorder of said County. The Point Property—Phase 1B Parcel 1 of the Certificate of Compliance, in the City of El Segundo, County of Los Angeles, State of California, Recorded July 29, 2013, as Instrument No. 20131105767 of the Official Records, in the Office of the County Recorder of said County. 27 190 EXHIBIT B APPROVAL HISTORY AND RECORDING INFORMATION RECORDED RECORDING APPROVING DOCUMENT RELATED ENTITLEMENTS DOCUMENT INFORMATION Original 05-0797875 Ordinance 1382 e DA 03-1 Development (4/6/2005) Resolution 4415 • GPA 03-04,03-05 Agreement • ZC 03-2,03-3 • ZTA 04-1 • Subdivision 03-7 (VTM 061630) • EA 631- EIR Operating 20071901777 Not Applicable ■ Relating to small tenants of less than Memorandum (8/14/07) 4,000 SF No. 1 First 20072256909 Ordinance 1406 m DA Amendments only— Amendment (10/2/2007) • Modifies allowed uses • EA 763- No CEQA Required Second 20080507797 Ordinance 1417 + DA Amendments Amendment (3/25/2008) Resolution 4542 ■ Amend property description by increasing acreage ■ Increases allowed development + Modifies Allowed Uses ■ $25,000 contribution downtown sign program + Park Place provisions • ZTA 08-1 + EA 768-Addendum Third 20100414500 Ordinance 1430 ■ DA Amendments only Amendment (3/26/2010) • Modifies allowed uses e No CEQA Required Fourth 20101433737 Ordinance 1446 • DA Amendments Amendment (10/7/2010) ■ Modifies allowed uses • ZTA + No CEQA Required Fifth 20131572447 Ordinance 1481 • DA Amendments Amendment (11/6/2013) Resolution 4838 ■ Amend property description by adding acreage ■ Increases allowed development Modifies existing uses Smaller tenant standards applicable to Phase 1B without limitation on size a ZTA 12-04 ■ ADJ 13-03 (curb/driveway width; shared loading space) 28 191 • VAR 13-01 (retaining wall over 6 feet and fill in excess of 6 feet) • AUP 13-04(Master AUP for alcohol) ■ EA -Addendum Sixth NOT RECORDED Ordinance 1499 (adopted • DA Amendments Amendment 12/16/14) ■ Modifies allowed uses • ZTA 14-02 • Uses • EA 1075—No CEQA Required 29 192 EXHIBIT C ASSIGNMENT AND ASSUMPTION AGREEMENT 30 193 Recording Requested By and When Recorded Mail To: Street Retail, Inc. Boris Ipekar, Legal Counsel 1626 East Jefferson Street Rockville, MD 20852 ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into by and among PES Partners, LLC, a Delaware limited liability company ("PESP") and Street Retail, Inc., a Maryland Corporation ("Street") ("Assignors"), and, a ("Assignee"). RECITALS A. The City of El Segundo("City") and Assignor entered into that certain Revised and Restated Development Agreement dated ,20 (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. 31 194 2. A.ssumotion. 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 but not limited to those obligations specifically allocated to the Transferred Parcel as set forth on Exhibit"C" attached hereto. 3. Effective Date. The execution by City of the attached receipt for this Agreement shall be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein. This Agreement shall 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 Proiect. 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" PESP PES PARTNERS, LLC, a Delaware limited liability company By: Rosecrans-Sepulveda Partners 3, LLC, a Delaware limited liability company Its: Sole Member By: Street Retail, Inc., a Maryland corporation Its: Manager By: Jeffrey S. Berkes, Vice President— Western Region STREET STREET RETAIL, INC., a Maryland corporation By: Jeffrey S. Berkes, Vice President—Western Region 32 195 "ASSIGNEE" a Date: By: Its: 33 196 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 By: Planning and Building Safety Director or Designee 34 197 EXHIBIT D PARK PLACE SEGMENTS EXHleff omcFm iF AWO pWUr L a"r, MV xywN PAaRc a PARD Pmr errs ROSORANS A 1, L 1 F D W A Y . � � , �s.a AUJO It OWWAL 1 Iw � •'r4V� i ti I � � f 1 W �-- SMEEr a �. It� 1�I PA R V#M LEMWO SEPUL VEDA DDUI EVARo ] EMAU0 COM- 449 MM Mal W sw-u f Englnwi inc. Ikft 3@�l�MA 4-400 AOIrE� ft WtAtMa 35 198 EXHIBIT E ENCUMBRANCES TO WHICH THE RSP 4 DEED OF TRUST MAY BE SUBJECT The RSP 4 Deed of Trust may only be encumbered by the exceptions identified in Section A of Schedule B (Items 1 through 5), and Section B of Schedule B (Items A, B, C.1 through C.5), of that certain preliminary title report issued by Commonwealth Land Title Company on November 7, 2007 (File No. 06158316-27). 36 199 EXHIBIT F CONDITIONS 37 200 ATTACHMENT 6 EXHIBIT "D" TO RESOLUTION NO. EXHIBIT "F" TO REVISED AND RESTATED DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL 202 The following conditions are binding upon the property owner(s) and their successors in interest, including without limitation occupants of the property. 1. All mitigation measures in the Environmental Impact Report (SCH No. 2003121037) for Environmental Assessment No. 631, Development Agreement No. 03-1, General Plan Amendment No. 03-4 & 03-5,Zone Change No. 03-2 & 03-3, Zone Text Amendment No. 04- 1, and Subdivision No 03-7,which are reflected in the Mitigation Monitoring and Reporting Program for the Sepulveda/Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative are incorporated by this reference into these conditions of approval. DEFINITIONS 2. Unless the contrary is stated or clearly appears from the context,the following definitions will govern the construction of the words and phrases used in these conditions. A. "P.B.S. Director"means the City of El Segundo Director of Planning and Building Safety, or designee. B. `BIR" means the Final Environmental Impact Report for the proposed Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo development project(SCH No. 2003121037), El Segundo, California. C. `SSMC" means the El Segundo Municipal Code. D. "Development Agreement" or "Agreement" refers to the Revised and Restated Development Agreement. E. "Project Area"refers to each of the developable lots on the Plaza El Segundo development Project Site as shown on Vesting Tentative Tract Map No. 061630 in the City of El Segundo, County of Los Angeles, State of California, filed on June 6, 2012, Book 1370, pages 41-51, and refers to Lot 1 of Lot Line Adjustment No. 13-04 as reflected in that Certificate of Compliance, in the City of El Segundo, County of Los Angeles, State of California,recorded on July 29, 2013, as Instrument No. 2013-1105767, of official records in the office of the County Recorder of said County. F. "Project Site"refers to the 51.7 gross/46.60 net(after street dedications) acre site generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue. G. "Project Site Phase 113" refers to the 13.050 gross/12.63 net acre site as shown as Lot 1 of the Lot Line Adjustment No. 13-04 as reflected in that Certificate of Compliance, in the City of El Segundo, County of Los Angeles, State of California,recorded on July 29,2013, as Instrument No. 2013-1105767, of official records in the office of the County Recorder of said County, generally located south of the Union Pacific Railroad, east of Sepulveda Boulevard, west of Douglas Street and north of Rosecrans Avenue. 203 H. "Phase IA" refers to the portion of the Project Area located north of the Union Pacific Railroad right-of-way. I. "Phase 1B" refers to the portion of the Project Area located south of the Union Pacific Railroad right-of-way. J. "Sepulveda/Rosecrans Rezoning Site" refers to the approximately 110 acres generally located south of Hughes Way, east of Sepulveda Boulevard, west of Douglas Street, and north of Rosecrans Avenue which is the subject of a General Plan and Zoning Code Amendment that is being considered concurrently with the land use entitlements for the Project Area and the Project Site. 2. Except as otherwise specified in these Conditions of Approval, conditions must be satisfied before the issuance of a Building Permit for each building within the Project Area. AESTHETICS Lighting 3. Before the issuance of the first Building Permit in the Project Area,the applicant must submit a Lighting Master Plan for the Project Area for the review and approval of the P.B.S.Director and the Police Chief. A Lighting Plan (construction drawings) and Photometric Study, consistent with the Lighting Master Plan must be reviewed and approved by the P.B.S. Director and the Police Department before the issuance of each Building Permit and must be installed before the issuance of each Certificate of Occupancy in the Project Area. The Lighting Plan and Photometric Study must demonstrate that the proposed project allows minimum off-site illumination but still complies with Police Department safety requirements. 4. The Lighting Master Plan must include, without limitation: a. Specific details for Foot-candle intensity; b. Specific lighting detail for parking areas and structures; pedestrian walkways; and access ways in and around buildings; c. On-site light fixtures that have been designed to direct the light downward and internal to the proposed project site to minimize off-site illumination; d. Specific detail regarding the location, type and height of lighting devices; e. Specific detail to illustrate compliance with the ESMC; and, 204 f. Weather and vandal resistant covers on lighting fixtures. 5. Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P.B.S. Director and the Police Chief that outdoor lighting design has been installed in compliance with the approved Lighting Master Plan for the building that is the subject of the Certificate of Occupancy. Materials and Design 6. Before the issuance of the first Building Permit in the Project Area,the applicant must submit Final Working Drawings to the P.B.S. Director for design review. The applicant must provide a Building Materials Sample Board of the materials, colors, and elevation drawings to be utilized to the P.B.S. Director for review and approval. The design review must include, without limitation, the following design guidelines: a. All colors, textures, and materials on exterior elevation(s) must be coordinated to achieve a continuity of design; b. Exterior building materials must be compatible with developments in the vicinity; c. At least two primary exterior building materials (including, without limitation, stucco, stone, rock, and brick) must be used throughout the Plaza El Segundo project; d. The buildings must have contrasting accent features. Building materials must be of non-reflective coatings and glazings; e. The plans must demonstrate substantial compliance with plans and conditions approved and on file with the Planning and Building Safety Department. Any subsequent modification to the project as approved must be referred to the P.B.S. Director for a determination regarding the need for Planning Commission review of the proposed modification in accordance with the provisions of the Development Agreement; f. All buildings must be in accordance with the Project Area's Conditions, Covenants and Restrictions (CC&R's); g. All buildings must utilize energy efficient floor plans and controlled HVAC and heat generating equipment to reduce energy use for cooling and ventilation; h. All roof-mounted mechanical equipment and communications devices must be hidden behind building parapets or screens to screen these devices from off-site ground level view; i. Ground level mechanical equipment, refuse collectors, storage tanks, monitoring wells, generators, and other similar facilities must be screened from view with 205 dense landscaping and walls of materials and finishes compatible with adjacent buildings; j. Service, storage, maintenance, utilities, loading, and refuse collection and other similar areas must be located out of the view of public roadways and buildings and screened by dense landscaping and solid walls,unless the PBS Director determines such is not practicable. No chain link fences may be used for such screening; k. Walls along the north property boundary of the Project Site and walls used to screen service and storage areas must be of the same materials, colors, and finishes as adjacent buildings or compatible finishes and colors; 1. A six-foot high solid wall must be constructed along the southern property line of Lot 15 of Vesting Tentative Tract Map No. 061630 for at least a length of 200 feet from the eastern edge of the Sepulveda Boulevard right-of-way. A six-foot high wall or a fence constructed of vinyl chain link or other material must be constructed along the remaining property lines of the Project Area abutting the Union Pacific Railroad right-of-way with screening of the right-of-way with the use of landscaping, including, without limitation, vines, hedges and/or trees to the satisfaction of the P.B.S. Director. A six-foot high chain link fence or other material aesthetically compatible with existing fencing or walls in the Project Area must be constructed along the northern property line of Project Site Phase 1B abutting the Burlington Northern Santa Fe Railroad right-of-way to the satisfaction of the P.B.S. Director. Additionally, screening of the right of way with the use of landscaping, including, without limitation, vines, hedges and/or trees is required to the satisfaction of the P.B.S. Director. An eighteen-inch high, three-strand barbed wire fence may be placed upon the top of the chain link fence for the entire length of this fence (approximately 1,690 feet). in. Chain-link fences are not permitted, except as described above, and as temporary construction fencing; n. Building design will meet the City's standards for the attenuation of interior noise; o. All service areas must be located so that service vehicles have clear and convenient access and do not disrupt vehicular and pedestrian circulation; p. No loading will be permitted directly from public streets,except in designated areas as approved by City P.B.S. Director; q. All on-site utility systems including without limitation, water, electricity, gas, sewer and storm drains, must be installed underground; r. No Certificate of Occupancy may be issued unless there is substantial compliance with the aforementioned development standards and, 206 s. The Project Area site plan must be revised to provide sidewalks or other designated pathways following direct and safe routes from the Park Place right-of-way to buildings H through A-7, from the Park Place right-of-way to Pad D, and from the Sepulveda Boulevard right-of-way to Building No. 2, and any other building that may developed that is set back more than 200 feet from a public right-of-way, subject to the review and approval of the P.B. S. Director. The Project Area site plan must provide sidewalks or other designated pathways following direct and safe routes from the Sepulveda Boulevard public right-of-way and the Rosecrans Avenue public right-of-way to the entrances of the buildings and the plaza in front of the buildings, subject to the review and approval of the P.B.S. Director. Landscaning and Irrigation 7. Before the issuance of the first Building Permit in the Project Area,the applicant must submit a Master Landscape and Irrigation Plan for the Project Area. The Master Landscape and Irrigation Plan must be reviewed and approved by the City P.B.S. Director, the Director of Recreation and Parks, and the Police Chief. Landscaping for each building in the Project Area must be installed in accordance with the approved Master Landscape and Irrigation Plan before the issuance of each Certificate of Occupancy. The Master Landscape and Irrigation Plan must include, without limitation, the following: a. All landscaped areas must be provided with a permanent automatic watering or irrigation system; b. All on-site landscaped areas must be maintained by the owner in a neat and clean manner at all times; c. All landscaped areas must be designed to ensure efficient access to fire hydrants; d. Dual plumbing must be installed for reclaimed water irrigation; e. All landscaped areas must be irrigated with reclaimed water to the extent reclaimed water is available for use in the Project Area. Until such time as reclaimed water is made available, potable water may be utilized for irrigation; f. All landscaping and irrigation must comply with the City's Water Conservation regulations and Zoning Code requirements; g. All landscaping must be designed to enhance site security in accordance with Police Department policies; h. All public rights-of-way abutting the site must be landscaped; i. Landscaping that includes trees, vines, and or hedges must be incorporated along property line walls and fences for screening purposes. 207 j. All landscaped areas must include a majority of mature landscaping,including trees that are a minimum 24-inch box size; and, k. Landscaping must be installed along property perimeters and evenly distributed throughout the employee/customer parking areas. 8. Before the issuance of the first Building Permit in the Project Area, the applicant must provide a Landscape Plan and Architectural Plan(i.e.construction drawings),consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses,through building design and landscape treatments. Before the issuance of the first Building Permit in the Project Site Phase 1B, the applicant must provide a Landscape and Irrigation Plan and an Architectural Site Plan (i.e., construction drawings) consistent with the Master Landscaping Plan, to the P.B.S. Director, Director of Recreation and Parks, and the Police Chief for review and approval that includes the use of trees, hedges, and or vines along the eastern boundary from Rosecrans Avenue to the Union Pacific Railroad. The plant material must be placed west and in front of the property line wall or fence. The Landscape Plan must utilize decorative pavement material in the plaza and for the pedestrian entrances to the plaza. The Landscape Plan and Architectural Plan must demonstrate that errant nighttime illumination is generally screened from other potentially sensitive uses, through building design and landscape treatments. 9. Where feasible (as determined by the P.B.S. Director), the applicant must comply with the City's Water Conservation Program as set forth in the ESMC and the City's Guidelines for Water Conservation in Landscaping. Before the issuance of each Building Permit in the Project Area, the applicant's Landscape Plans must be submitted to the P.B.S. Director for review and approval. Signs 10. Before the issuance of the first Building Permit in the Project Area,the applicant must submit to the P.B.S.Director for review and approval an overall Master Sign Program for the Project Area. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must submit construction sign plans substantially consistent with the approved Master Sign Program for the review and approval of the P.B.S. Director. Before the issuance of a Certificate of Occupancy, signs must be installed in accordance with the approved Master Sign Program. The overall Master Sign Program must include, without limitation: a. Compliance with the ESMC; b. Notwithstanding any other provisions in the ESMC, no freestanding or pole signs, except as described in this Condition No. 10 and Condition No. 11 below, are permitted along the Rosecrans Avenue frontage of the Project Area; 208 c. All signs must be architecturally compatible with the proposed buildings; d. All signs must be compatible with the aesthetic objectives of the General Plan; e. No sign must impede traffic or pedestrian safety; and f. Height limitation of signs referred to in this Condition No. 10 shall be measured from the average adjacent street elevation. 11. Before the issuance of a Finial Certificate of Occupancy for the first building in the Project Area, the applicant must construct and maintain a monument sign at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue announcing the entrance to the City. The sign is subject to review and approval by the City Council. The sign should be compatible with the design of the Master Sign Program for the Plaza El Segundo development project. AIR QUALITY 12. During grading and construction, dust control measures must be required in accordance with the City's Dust Control Ordinance (Chapter 7-3 of the ESMC). Grading must be discontinued during first-stage smog alerts and suspended when wind velocity exceeds 15 miles per hour. All hauling trucks must have loads covered or wetted and loaded below the sideboards to minimize dust. 13. The South Coast Air Quality Management District (SCAQMD) has promulgated rules and applicable standards including,without limitation,the following: Rule 402-Nuisances;Rule 403 - Fugitive Dust; and Rule 2202 - On-Road Motor Vehicle Mitigation Options. The applicant must use best management practices in compliance with Rule 402 during the operation of construction equipment. Construction activities must be limited between the hours of 7 A.M. to 6 P.M.,Monday through Saturday,unless such hours are extended pursuant to a Noise Permit issued by the P.B.S. Director. During the construction phase, all unpaved construction areas must be wetted at least twice daily during excavation, grading, and construction and temporary covers for stockpiles must be used to reduce dust emissions by as much as 50 percent. The applicant must ensure that all materials transported off-site will be either sufficiently watered or securely covered in compliance with Rule 403. Resultant peak daily exhaust emissions from diesel- and gasoline-powered construction equipment must be monitored to control emission levels that exceed SCAQMD screening thresholds. During construction, trucks and vehicles in loading or unloading queues must keep their engines off, when not in use, to reduce vehicle emissions. Construction activities must be phased and scheduled to avoid emission peaks, and construction must be discontinued during first- and second-stage smog alerts. On-site vehicle speed during construction must be limited to 15 mph. Before issuance of a Grading Permit for each Project Area, the applicant must provide a Construction Management Plan to the P.B.S.Director for review and approval relative to compliance with the appropriate SCAQMD standards during the construction phase. Daily records of construction hours and activities must be maintained by the applicant throughout the construction phase. 209 BUILDING CODES 14. The applicant must comply with the applicable requirements of the California Building and Fire Codes as adopted by the ESMC that are in effect at the time an application for a building permit is submitted. ENERGY 15. Before the issuance of a Building Permit in the Project Area, the applicant must provide an Energy Conservation Plan to the P.B.S. Director for review and approval. The Energy Conservation Plan must incorporate energy conservation features in accordance with the requirements of the City and State. Before the issuance of each Certification of Occupancy, the applicant must provide evidence to the P.B.S. Director that the approved energy conservation features have been installed and will be maintained. 16. If a substation will be constructed, the Applicant must develop plans, projected loads, and a master plan for scheduling to the satisfaction of Southern California Edison. FIRE 17. Before the City issues a building permit,the applicant must provide Fire Life Safety Plans to the P.B.S. Director and the Fire Chief for review and approval, which include, without limitation, the following: a. Fire lanes; b. Fire lane signing; c. Fire lane access easements or other recorded documents to the reasonable satisfaction of the City Attorney; d. Fire lane accessibility; e. Gas detection systems; f. Minimum acceptable flow from any fire hydrant must be 2,500 gallon per minute, calculated at 20 psi; g. Sprinklers within structures; h. Underground looped fire mains, sprinklers, fire pumps, and fire alarms; i. Emergency generators; j. Any above ground or underground storage tanks including elevator sumps and condensation tanks; 210 k. Documentation that the on-site fire mains will be maintained; 1. Fire safety precautions during demolition and construction; in. Emergency site access during construction; n. Permanent fire department access; o. Fire hydrant locations; p. Any proposed fire sprinkler and fire alarm systems; and q. Before the issuance of each Certificate of Occupancy, the applicant must demonstrate to the Fire Department that the development complies with the Fire Life Safety Plan, and that any required easements were properly dedicated and recorded. 18. Before the issuance of a Building Permit in the Project Area,the applicant must develop and submit an Evacuation Plan and Procedures for review and approval by the Fire Department. Before the issuance of each Certificate of Occupancy, the applicant must provide evidence to the P.B.S. Director, and the Fire Department that the approved Evacuation Plan and procedures were implemented or are operational as appropriate. 19. 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. 20. The applicant must provide an automatic fire alarm system throughout each building, installed in accordance with California Fire Code Chapter 9 and the currently adopted edition of NFPA 72. 21. The applicant must provide a certification from the underground petroleum pipeline owner/operator that the proposed project will not encroach into any foundations or structures within the pipeline right-of-way without the underground petroleum pipeline owner/operator's approval. The certification must be provided with the initial plan review documents. 22. There is a railroad right-of-way on the north side of the Phase 1 B property.Access doors and ladders with a maximum 300-foot spacing must be provided to provide access to the railroad right of way in case of a train derailment or incident to the satisfaction of the Fire Department. The access doors and ladders must have approved Knox Company Knox Padlocks installed. 23. If any fire features are proposed for the project, the applicant must provide the following conditions for any fire feature: 211 a. A barrier must be provided around the fire feature to prevent accidental access to the fire feature. b. The distance between the fire feature and combustible material and furnishings must meet the fire feature's listing and manufacturer's requirements. c. If the fire feature's protective barrier exceeds ambient temperatures, all exit paths and occupant seating must be a minimum 36 inches from the fire feature. 24. Before the issuance of a Grading or Building Permits in the Project Area, the applicant must provide a Construction Safety Plan to the P.B.S. Director and Fire Department for review and approval. The Construction Safety Plan must document construction and staff training procedures to ensure that best management practices during project grading and construction will be utilized. The Construction Safety Plan must identify an awareness program for the subgrade installation of utilities and the potential for worker exposure to related emissions, especially during excavation. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. 25. Before the issuance of each Building Permit in the Project Area, all hydrants determined necessary by the Fire Department and the P.B.S. Director must be installed in accordance with approved plans and specifications. Fire hydrants must be spaced no greater than 300 feet apart. One private hydrant must be provided for each structure and each structure must be sprinklered in accordance with the California Building Code(CBC)and the National Fire Code (NFC). 26. 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 as provided in City Council Resolution No. 4687. GEOTECHNICAL (GRADING, TOPOGRAPHY, SOILS AND DRAINAGE) 27. Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must prepare and submit a Grading Plan for review and approval by the P.B.S. Director and the Director of Public Works. The Grading Plan must include, without limitation: a. The Grading Plan must demonstrate compliance with applicable provisions of the ESMC and City policies and requirements; b. The Grading Plan must show cross sections for any grading purpose and the location of and extent of existing and planned sewer easements and facilities; c. Grading depths must not encroach upon or damage the existing sewer lines on the property; d. Haul routes for import/export trucks and other heavy construction related vehicles must be approved by the Director of Public Works; 212 e. No haul routes may travel through the City of Manhattan Beach during A.M. or P.M. peak hours; f. All grading must be accomplished in accordance with the recommendations of an independent Geotechnical and Geological Report to be submitted by the applicant and reviewed and approved by the City; g. The Grading Plan must detail where special restrictions apply due to soil contamination, if applicable; h. Additional information, as required through the plan check process, must be included as appropriate; i. Final grading activities must be coordinated with the City Engineer at the time the Grading Permit is issued; and, j. Compliance with the above measures must be verified by the P.B.S.Director before issuance of each Certificate of Occupancy. HAZARDS 28. Before the issuance of a Grading Permit for the Project Area or a portion thereof, the applicant must submit documentation from the Los Angeles Regional Water Quality Control Board ("LARWQCB") evidencing approval of completion of the Interim Remediation Measures and approval of the Final Remedial Action Plan for the Project Area for the area covered by the Grading Permit. 29. The applicant must comply with any permit requirements imposed by the LARWQCB and/or the Department of Toxic Substances Control ("DTSC"), or any other applicable regulatory agency related to development and/or grading on the site. 30. Before the issuance of a Grading Permit, the applicant must provide any appropriate hazardous materials safety training for all City employees needed to implement the project. If required,the training must be related specifically to safety issues that may arise during site grading and construction due to the soil contamination that may exist in the site. All training must be completed to the reasonable satisfaction of the P.B.S. Director, and the Fire Chief. NOISE 31. During the construction phase of the project, activities will be allowed between the hours of 7 A.M.to 6 P.M.,Monday through Saturday,and prohibited at any time on Sundays and federal holidays, unless such hours are extended pursuant to a Noise Permit issued by the P.B.S. Director. Compliance for the operations phase will meet with the placement, screening, and maintenance standards for all external mechanical equipment. The proposed project must be designed to ensure that noise generated by the proposed project operations does not exceed the City's noise standards, as established by the ESMC, for on-site or off-site receptors. A 213 noise monitor must be designated according to the relevant codes. Before issuance of a Grading Permit for each Project Area, the City must designate a Noise Ordinance Compliance/Verification Monitor. Before the issuance of a Building Permit for each Project Area, the applicant's Final Working Drawings must be submitted to the P.B.S. Director for review and approval relative to compliance with the City's Noise Ordinance. POLICE/SAFETY 32. Before the issuance of the first Building Permit,the applicant must submit an overall Security and Crime Prevention Plan, to the P.B.S. Director and the Police Department for review and approval, which must address, without limitation,the following: a. Lighting; b. Addressing (minimum height of 4"to 24"); c. Trash dumpsters (including space for recyclable materials); d. Indoor and outdoor security cameras installed at strategic locations, including employee and other vehicle parking areas; e. Parking lots and structures; f. Fences, walls; g. Security hardware; h. Office; i. On-site security personnel; j. Locker rooms; k. An Evacuation Plan and Procedures; 1. The employment of security personnel who will monitor and patrol the proposed Project Site, including employee and other vehicle parking areas, and coordinate with public safety officials; in. The installation of lighting in entryways, elevators, lobbies, and parking areas designed to eliminate potential areas of concealment; n. A diagram of the proposed project, which will include access routes, and any information that might facilitate emergency response; 214 o. Compliance with all applicable items on Police Department checklist memo dated April 12, 2004, attached as Exhibit F-1/C-1, with the exception that parking is permitted on the north side of the Project Area between the main row of buildings and the northern property line; and, p. All Security and Crime Prevention Plan measures must be installed in conformance with the approved plans and must be operational before the issuance of a Certificate of Occupancy. 33. Before issuance of the first building permits, the applicant must submit a photometric light study to the Police Department for review and approval. 34. 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 as provided in City Council Resolution No. 4687. 35. The applicant must provide, at no cost to the City of El Segundo, a minimum of 240 square feet of office space to be used by the El Segundo Police Department as satellite office space to provide Police services on the east side of Sepulveda Boulevard. PROJECT DESCRIPTION Plans 36. The City of El Segundo requires development project applicants to prepare and submit Final Working Drawings for review and approval. The applicant must provide Final Working Drawings that comply with Policies and Requirements and these conditions of approval.The Final Working Drawings must indicate proposed uses, building sizes and heights, and the specific location of structures, loading docks, staging areas,parking layout, landscaped areas and recreational amenities. The Final Working Drawings must include vehicular,pedestrian and bicycle access, on- and off-site circulation, and linkage to other key elements in the site vicinity, including the MTA Green Line. The Final Working Drawings must indicate building materials and architectural design elements that will be utilized in the construction of the proposed structures. The Final Working Drawings must include information on security lighting and hardware and other detail required for compliance with the City's security, safety and crime prevention standards. The Final Working Drawings must demonstrate compliance with the California Building Code, California Mechanical Code, California Plumbing Code, California Fire Code, California Sign Code, and California Electrical Code, and approved Fire Life Safety Systems. In addition, the Final Working Drawings must clearly indicate the location of all entrances and exits, including emergency vehicle access. All parcel buildings and structures must be located in proximity to the proposed parcel lines such that they meet all requirements for exterior wall and opening protection. Additional information, as required through the plan check process, must be included as appropriate. Before the issuance of a Building Permit for the Project Area, the applicant must coordinate with all applicable City and applicable County agencies to prepare and submit Final Working Drawings to be approved by the P.B.S. Director,the Department 215 of Public Works, the Fire Department and the Police Department. Before the issuance of a Certificate of Occupancy for each building,the applicant must provide evidence to the P.B.S. Director, the Department of Public Works, the Police Department, and the Fire Department that Code and policy requirement conditions have been met. 37. The Plaza El Segundo development project is allowed to develop up to a maximum of 517,292 gross square feet, consisting of a combination of uses as permitted by C-4 Zone and limited by the Development Agreement as long as the total AM, PM peak, daily, and Saturday midday peak trip generation established in the EIR for the project as a whole is not exceeded. 3 8. The maximum project size may be reduced as determined by the vehicle trip generation for each use. The Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo development project permit the following vehicle trips: MAXIMUM RPIPES MITTED AM PM Daily Midday Saturday f Sepulveda/Rosecrans Site 1,033 2,346 25,859 3,379 Rezoning Plaza El Segundo Development 1 779 1,477 16,645 2,205 Proj ect 1 For Phase 1 - The trip generation shall be determined using the rate set forth in the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual for Land Use Code 820 (shopping center)provided that the following conditions are met as further set forth in the Alternative Trip Generation Methodology prepared by Fehr & Peers dated July 11, 2017: a The amount of restaurant and entertainment uses does not exceed twenty percent (20%) of the total square footage; a No individual fitness use exceeds 10,000 square feet. If an individual fitness use exceeds 10,000 square feet, the trip generation for such use must be determined using the rate for that use as set forth in the current edition of the ITE Trip Generation Manual; ■ No individual office use exceeds 5,000 square feet. If an individual office use exceeds 5,000 square feet, the trip generation for such use must be determined using the rate for that use as set forth in the current edition of the ITE Trip Generation Manual. For Phase 1 B - The trip generation for each use and building must be determined using the rates as set forth in the current edition of the ITE Trip Generation Manual, as further set forth in the Alternative Trip Generation Methodology prepared by Fehr & Peers dated July 11, 2017. For both Phase IA and Phase 113 - Trip adjustments for internal capture and pass-by reductions will be in accordance with the adjustments in the Traffic Impact Study in the FEIR (EA No. 63 1) approved on March 1, 2005. Trip adjustments for transit reductions will be in 216 accordance with the adjustments in the Traffic Impact Study in the Addendum to the FEIR (EA No. 768) approved on February 19, 2008. 39. In order to keep track of the vehicle trip generation, the applicant shall submit a trip generation chart based on existing uses. The chart shall be updated and submitted to the City for approval each time a vacancy is filled or a tenant space changes ITE Land Use Codes. 40. Uses on the Property shall be limited to the following percentages of Sales Tax Generating versus Non-Sales Tax Generating Uses in each Phase. For purposes of the calculation, the percentage is based on total gross leasable area. AREA Sales Tax Generating Non- Uses Sales Tax Generating Uses Phase I—Plaza El Segundo 80 % minimum 20%maximum Phase 1B—The Point 65%minimum 35%maximum 41. In order to keep track of the sales tax versus non sales tax generating uses,the applicant must keep a chart of uses for each of the three areas which must be updated and submitted to the City for approval each time a vacancy is filled or a tenant space changes uses. For purposes of condition 40 and this condition, "Sales Tax Generating Uses" includes retail sales uses (including grocery stores),restaurants and cafes,bars, and micro-breweries. "Non-Sales Tax Generating Uses" includes financial institutions, day spas, fitness centers, farmers' markets, offices of all types,personal services, recreational facilities, public assembly/assembly halls (including theaters and museums), video arcades, billiard establishments, and veterinary services. The City's Finance Director, in his/her discretion, will determine whether any use not specifically listed here should be classified as Sales Tax Generating or Non-Sales Tax Generating. The Finance Director's determination may be appealed to the City Council. Any such appeal must be made in writing and delivered to the City Clerk within ten calendar days of the Director's decision. 42. The City of El Segundo requires development project applicants to prepare and submit a Construction Management Plan for each Project Area for review and approval by the P.B.S. Director and Director of Public Works. The Construction Management Plan must consider all stages of construction, including grading, dirt hauling, employee travel, materials delivery, etc. The Construction Management Plan is also required for review and approval by the P.B.S. Director and Department of Public Works for the installation of any utilities, including telecommunication utilities, in the public right-of-way. Such a plan must include, without limitation, traffic control measures for any lane closures. The Construction Management Plan must identify the types and approximate number of construction vehicles to be utilized and must provide haul routes, staging area information and needed road or lane closures. The plan must include, but not be limited to construction hours, construction trailer locations, construction and staging areas, construction crew parking, parking/access plan (including truck haul routes), construction methods and schedules. No haul routes are 217 permitted through the City of Manhattan Beach during A.M. and P.M. peak hours. All staging areas must be on-site.During construction,the areas of construction must be enclosed by a six-foot high chain link fence, except those areas that have additional fencing requirements. Gates of site fencing must be located at driveways and must not open over sidewalk/public right-of-way. During construction, trash must be removed from the Project Site regularly and promptly. At the end of each construction day, all open trenches must be completely closed or covered, or secured in accordance with Cal OSHA standards. All gates and access points to the construction area must be locked and/or fully secured at the end of construction each day. The applicant must provide a twenty-four hour, every day contact person/liaison to receive and respond to complaints during construction. 43. Before the issuance of a Grading or Building Permit for the Project Area,the applicant must provide evidence to the P.B.S.Director that grading or any construction on property or within easements not owned or controlled by the applicant has been approved by the property owner or easement holder. Separate Grading and/or Building Permit(s) must be obtained by the applicant with the easement holder as co-applicant, if needed. 44. Before the issuance of a Building Permit for the Project Area, the applicant must submit plans and specifications for any new curbs, sidewalks, driveway approaches, wheelchair ramps, and asphalt concrete (A.C.) pavement, that must be constructed/reconstructed in the public right-of-way for any missing public segments/areas on the perimeter of the Project Site, as reasonably required by the Director of Public Works. Any existing driveways and other paved areas on the perimeter of the Project Site that will not be incorporated into the development must be removed and replaced with standard curb and sidewalk. Before issuance of a Certificate of Occupancy for the building that is the subject of the Building Permit, the applicant must install the required public improvements per the approved plans to the reasonable satisfaction of the Director of Public Works. 45. The applicant must submit either a Lot Line Adjustment or Lot Merger application after the recording of Final Map 061530, to realign the two parcels south of Union Pacific Railroad to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC. DEDICATIONS AND FEES 46. The applicant must dedicate approximately 3.47-acres of the "Project Site" to the City for the construction of the extensions of Park Place and Allied Way, as required in Development Agreement No. 04-1 and as depicted on Vesting Tentative Map 061630. Such dedication shall occur through and upon recordation of the Final Map. 47. The applicant must dedicate an eight-foot wide easement for use of a bicycle path to be located in the landscaped front setback of the subject property in compliance with the Circulation Element of the General Plan and South Bay Bicycle Plan to the satisfaction of the Public Works Department and the Planning and Building Safety Department. The exact 218 alignment will be determined by the Public Works Department and the Planning and Building Safety Department. The City acknowledges that this dedication has been made. 48. The applicant must dedicate approximately 0.50-acres of the "Project Area" to the city for roadway widening along the east side of Sepulveda Boulevard, as required in Development Agreement No. 03-1 and as depicted on Vesting Tentative Map 061630. An easement may be provided in lieu of a dedication, only if Caltrans will not accept the dedication and will only accept an easement. A dedication may be provided for the Phase IA portion of Sepulveda Boulevard and an easement may be provided for the Phase 113 portion of Sepulveda Boulevard or conversely an easement may be provided for the Phase IA portion of Sepulveda Boulevard and a dedication may be provided for the Phase 1B portion of Sepulveda Boulevard. Such dedication and/or such easement shall occur through and upon recordation of the Final Map. 49. Pursuant to ESMC §§ 15-27A-1 et seq., and before building permits are issued,the applicant must pay a one-time parks facilities mitigation fee as provided in City Council Resolution No. 4687. 50. The applicant may modify the location of the parcel boundaries as approved on Vesting Tentative Tract Map No. 061630, consistent with the development standards in the C-4 Zone to accommodate the size and location of the individual buildings,before recordation of Final Tract Map No. 061630, provided a maximum of 20 parcels are created. 51. Before the recording of the Final Map, the applicant must record a lot tie covenant if any buildings are to be constructed across existing lot lines or if any building location does not meet the development standards of the Commercial Center(C-4)Zone due to the location of the existing lot lines. No Certificates of Occupancy shall be granted for any use or structure until the recording of the Final Map. Accordingly, construction that proceeds before the recording of the Final Map is done at the Developer's risk that a Certificate of Occupancy will not be issued. 52. After the recording of the Final Map, the applicant must submit a Lot Line Adjustment application, if necessary, to realign any parcels to match the proposed locations of the buildings to maintain conformity with the development standards in the ESMC. 53. The applicant must maintain all existing easements on the site if the easement is still required by its grantee. 54. The applicant must provide reciprocal access agreements, subject to review and approval by the City Attorney, between any parcels that do not have independent direct vehicle access to a public right-of-way. Such agreements must be recorded before issuance of any Certificate of Occupancy for a building on an affected parcel. 55. Before the issuance of a Rough Grading Permit for the Project Area, the applicant must provide funds in trust to the P.B.S. Director to cover the reasonable costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and 219 adopted mitigation measures associated with rough grading. Before the issuance of a Final Grading Permit, the applicant must provide funds in trust to the P.B.S. Director to cover the first year costs, including City consultants' and legal costs and fees, of the monitoring of the conditions of approval and adopted mitigation measures, not associated with rough grading. Costs may include, without limitation, costs for traffic reviews, stormwater review, biological resource monitoring, soil remediation review, and review of easements, dedications and other agreements. Costs that would be associated with rough grading do not include costs for traffic reviews and review of easements and dedications. Annually thereafter, the applicant must replenish funds as deemed necessary by the P.B.S. Director to cover the reasonable costs, including City consultants' costs for each year. The P.B.S. Director, at his discretion, may hire a consultant to coordinate and monitor compliance. 56. Before the issuance of a Grading Permit, Building Permit, or Certificate of Occupancy, as the case may be, the applicant must provide evidence to the P.B.S. Director that all adopted mitigation measures have been or will be implemented pursuant to the project's mitigation monitoring plan. Compliance with this measure must be verified by the P.B.S. Director. CONSTRUCTION REQUIREMENTS 57. All work within the City public right-of-way must be in accordance with the latest edition of the Standards Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work must be performed in the public right-of-way without first obtaining a Public Works Encroachment Permit. 58. Before the issuance of a Grading or Building Permit for the Project Area,the applicant must provide evidence to the reasonable satisfaction of the P.B.S. Director that all applicable permits from other agencies have been obtained including, without limitation, LARWQCB, Caltrans, State Water Quality Control Board's National Pollution Discharge Elimination Systems (N.P.D.E.S) Permit, South Coast Air Quality Management District, and Los Angeles County Department of Public Works. 59. Following the receipt of all requisite permits, the applicant must notify the P.B.S. Director of the date that construction will commence. 60. At such time deemed necessary by the P.B.S. Director,the applicant must provide an on-site inspection office trailer for the use of City inspection personnel. STORMWATER (GROUND HYDROLOGY AND GROUND WATER QUALITY) 61. The Los Angeles Regional Water Quality Control Board has promulgated rules and standards including, without limitation, obtaining an NPDES Permit and regulations related to underground and above ground storage tanks. The applicant's compliance with LARWQCB will ensure compliance with the applicable sections of the California Water Code (Section 13260), the Clean Water Act, and the Porter-Cologne Water Quality Control Act. The applicant must ensure that any on-site tanks for use in the storage of fuels, wasted oil, 220 solvents or other chemicals, which are located either above ground or underground,must be placed, constructed and maintained in accordance with the requirements of the LARWQCB. 62. The applicant must adhere to any relevant requirements of the LARWQCB regarding development of the site. The applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) which will demonstrate best management practices relevant to compliance with LARWQCB requirements and the California General Construction Permit. Before the issuance of a Grading Permit for the proposed project, the applicant must provide a SWPPP to the LARWQCB,the P.B.S. Director and Fire Department for review and approval relative to compliance with the provisions and requirements of the LARWQCB. Before issuance of a Building Permit for each Project Area, the applicant must apply for the appropriate notifications and/or registrations for any on-site storage tanks. The applicant must provide a copy to the City of the Notice of Intent required by the LARWCQB. 63. Before the issuance of a final Grading Permit and/or Building Permit for each building in the Project Area, the applicant must provide a drainage plan for that portion of the Project Area affected that eliminates pollutants to surface runoff as required by NPDES requirements. The drainage plan must be reviewed and approved by the P.B.S. Director and Director of Public Works. Before the issuance of a Certificate of Occupancy for each building, the applicant must demonstrate that the drainage plan has been implemented and is effective to the reasonable satisfaction of the P.B.S. Director and Director of Public Works. 64. Before the issuance of a Building Permit for the Project Area, the applicant must provide evidence to the P.B.S. Director and Director of Public Works that pavement on-site must be adequately applied to prevent soil erosion. Further, paved areas on-site must be regularly maintained (i.e., all cracks repaired and debris removed on a regular basis) to prevent soil erosion. The applicant must install improvements pursuant to the approved plans before final sign-off of the Permit. Before the issuance of a Grading or Building Permit for each building in the Project Area, the applicant must provide evidence to the P.B.S. Director and Director of Public Works that on-site drainage must be directed to existing storm drains. The applicant must install said improvements per the approved plans before final sign-off of the Permit. 65. Before the issuance of any Grading or Building Permit for the Project Area, the applicant must prepare a Standard Urban Stormwater Mitigation Plan(SUSMP) and provide evidence to the P.B.S. Director and Director of Public Works that the project area that is the subject of the Grading or Building Permit complies with City of El Segundo Urban Runoff Pollution Prevention Controls (Title 5 - Health and Sanitation, Chapter 7 - Standards Urban Stormwater Mitigation Plan Implementation of the El Segundo Municipal Code). The applicant must install said improvements per the approved plans before final sign-off of the Permit. 66. Before the issuance of a Grading or Building Permit for each building in the Project Area, the applicant must provide evidence to the P.B.S. Director and Director of Public Works that: 221 a. Collection basins to reduce silts in storm water before runoff drainage to the Los Angeles Flood Control System have been adequately incorporated into the project design; b. On-site catch basins have been designed and constructed to screen out larger matter to prevent flooding of the project site resulting from debris caught in the drainage canal; c. Drainage channels within parking lot and paved areas have been be designed and constructed to direct storm water and/or irrigation run-off to collection basins provided on-site; d. On-site drainage and hydrology improvements have been designed in conformance with applicable standards of the City of El Segundo and the Los Angeles County Department of Public Works, including policies in the Public Safety Element of the City's General Plan; e. The project is in compliance with applicable permit requirements of the Los Angeles County Department of Public Works or Los Angeles County Flood Control District; f. On-site drainage and hydrology improvements have been designed using the necessary hydraulic/hydrology and structural calculations required for permitting by the Los Angeles County of Department of Public Works: and, g. All on-site development is consistent with a Hydrology and Drainage Study and the Final Working Drawings, as approved by the City; and, h. Before the issuance of any subsequent Permit `Final Inspection Approval' for the proposed project, the applicant must provide evidence to the P.B.S. Director and Public Works that all the improvements herein have been constructed in compliance with the appropriate regulations and specifications. TRANSPORTATION/CIRCULATION/PARKING 67. If the Los Angeles Congestion Management Plan (CMP) requires the City to track the debits/credits associated with development in the City, before the issuance of the first Building Permit for the Project Site, the applicant must provide Los Angeles County Congestion Management Plan (CMP) Debit/Credit Calculations, and a Phasing Plan for CMP related improvements, to the P.B.S. Director and Public Works for review and approval. The calculations must include only programs which meet all the minimum criteria (e.g., density) contained in the CMP. Before the issuance of a Certificate of Occupancy for the building, the applicant must provide evidence to the P.B.S. Director that the proposed project CMP debits/credits related improvements were implemented and balanced on the Project Site in accordance with the approved phasing plan. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. As may be applicable, the 222 City will give credit for CMP related improvements towards the applicant's traffic mitigation impact fee, as appropriate. 68. Before the issuance of a Building Permit for the Project Area, the applicant must provide a Pedestrian Access/Circulation Plan to the P.B.S. Director, Recreation and Parks Director, and Police Chief for review and approval. The Plan must identify the location of pedestrian, bicycle accesses and indicate linkage to other key elements in the site vicinity, and within the project itself, including parking areas, building entrances, bicycle racks, recreational elements, etc. The Plan must reflect a safe movement pattern, which does not significantly conflict with vehicular movement and parking access areas. Before the issuance of a Certificate of Occupancy for each Project Area, the applicant must provide evidence to the P.B.S.Director,Recreation and Parks Director, and Police Chief that the approved pedestrian and bicycle access features have been installed and will be adequately maintained per the approved plan. 69. Before the issuance of each Building Permit in the Project Area, the applicant must submit a detailed Traffic, Circulation and Parking Plan, prepared by a licensed traffic engineer, for review and approval by the Director of Public Works, the P.B.S. Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer. Alternatively, such a plan may be submitted for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. The Traffic, Circulation and Parking Plan must include, without limitation, the following: a. An analysis of the estimated traffic generation for the building(s); b. Sight distances for each structure and parking area associated with the building(s); c. An analysis of the traffic volumes at each driveway or intersection associated with the building(s)in order to determine if any offsite improvements are warranted(i.e., deceleration lanes, left-turn pockets, new or modified traffic signals, etc.)that were not analyzed in the EIR due to the approximation of building locations in the EIR; d. Any new traffic signals or modifications to existing traffic signals must be subject to the review and approval of the Los Angeles County Department of Public Works. The applicant must pay the applicable county costs to provide plan check and inspection services; e. The applicant must dedicate any on-site land required to accommodate any required intersection and roadway improvements (e.g., deceleration lanes)and the new Park Place and Allied Way roadway extensions through the recording of the Final Map, which may be after building permit issuance, but must occur before issuance of a Certificate of Occupancy for any building in the Project Area; f. All truck circulation; g. Customer/employee parking; 223 h. All access points to the project site, which should be aligned with existing driveways and intersections where possible; i. Off-site circulation improvements; j. All median modifications, if necessary; k. All dead end aisles eliminated to satisfy City Codes; 1. All truck turning radii; in. The location of required loading spaces; n. An analysis that shows the location and the timing of construction of the required parking for the building or Project Area; o. Pedestrian crossing areas of the public roadways must be called out on the plans and appropriately designated; p. All parcels and structures must be connected by an accessible route of travel that meets the requirements of Title 24 of the California Building Code and, q. Final site plan approval for each building(s)must be contingent upon fulfillment of the above traffic design review requirements. All Circulation and Parking Plan improvements which require installation must be installed before the issuance of each Certificate of Occupancy for the building(s) which are the subject of the Traffic, Circulation and Parking Plan. Compliance with these requirements must be verified by the Director of Public Works, the P.B.S. Director, the Police Chief, the Fire Chief, and the City's Traffic Engineer before the issuance of a Certificate of Occupancy. 70. The applicant must install "No Parking" and other traffic signs on the Park Place and Allied Way roadway extensions, as required by the Public Works Department. The applicant must install "No Parking" and other traffic signs on Sepulveda Boulevard and Rosecrans Avenue, as required by the Public Works Department. 71. The applicant must provide handicap accessible pedestrian walkways, with a minimum five- foot width. Any roadways dedicated to the City as public roadways may have handicap accessible pedestrian walkways within the public right-of-way instead of locating them on private property. 72. Before the issuance of the first Building Permit for the Project Area, the applicant must submit Final Working Drawings to the P.B.S. Director for review and approval that shows that all handicapped, carpool, vanpool, motorcycle, and bicycle parking and other TDM and TSM physical requirements have been provided as required by the City. All TDM/TSM 224 physical improvements required by City regulations must be installed before the issuance of each Certificate of Occupancy. 73. Before the construction of the portion of the Park Place roadway for the proposed project that would intersect Sepulveda Boulevard and any other improvements on Sepulveda Boulevard, the applicant must secure a Caltrans Encroachment Permit to alter Sepulveda Boulevard as set forth in the EIR. The alterations to Sepulveda Boulevard must be in accordance with relevant Caltrans Encroachment Permit requirements and conditions and must be shown on the Final Working Drawings. The applicant is responsible for the costs of modifications and construction of all the roadway extensions and widenings that will be dedicated to the City. Before the issuance of a "Final Inspection Approval" of the roadway improvements, the applicant must install the intersection improvements. The improvements must be reviewed and approved by the City Traffic Engineer, and P.B.S. Director. 74. Prior to the issuance of a Certificate of Occupancy for any building in the Project Area, the new roadways, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan,and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works. The applicant must be responsible for the design and construction of the new roadways. 75. Before the City issues a certificate of occupancy for any buildings constructed south of the Union Pacific/Burlington Northern Santa Fe Railroads,the new on-site and off-site roadway improvements, including any medians, sidewalks, curbs, and gutters must be constructed in accordance with applicable Department of Public Works construction standards for a public roadway with the minimum dimensions required by the Circulation Element of the El Segundo General Plan to the satisfaction of the Director of Public Works and the Director of Planning and Building Safety, and must comply with applicable requirements of the Americans with Disabilities Act (ADA), as well as City requirements for traffic signage, street, lighting, drainage plans, and underground utility service, subject to the review and approval of the Director of Public Works. Additionally, the roadway improvements along Rosecrans Avenue must be consistent with the design analyzed in the Addendum to the FEIR, including, but not limited to the lane configurations, deceleration lane design at Village Drive, and lengths of left turn pockets at Rosecrans Avenue and Sepulveda Boulevard and at Rosecrans Avenue and Village Drive. The applicant must be responsible for the design and construction of the new roadways. 76. The applicant must install off-site traffic related mitigation measures as set forth in the EIR and MMRP at the time when amount of building (floor area or vehicle trips) triggers the impact for which the mitigation measure is based, as documented in the required Traffic, Circulation, and Parking Plan. 225 77. Before the issuance of each Building Permit for the Project Area, the applicant must submit a temporary lane closure plan for review and approval by the Director of Public Work, Fire Chief and Police Chief if lane closures will be required during construction for a particular building to insure construction vehicles, equipment and supplies do not interfere with local emergency response routes and incidences. 78. Driveway entrances must be clearly marked, as well as different areas of the parking lot, to ensure visiting vehicles do not accidentally enter the truck staging area. 79. The applicant must coordinate construction lane closures with the Director of Public Works, Police Chief and Fire Chief. 80. Before the issuance of each Certificate of Occupancy for a building in the Project Area, the applicant must pay a Traffic Impact Mitigation Fee. The amount will be based upon the adopted Traffic Impact Mitigation Fee in effect at the time of issuance of a Certificate of Occupancy. 81. Shower and lockers for employees must be provided in sufficient number, as determined by the P.B.S. Director for each tenant in the Project Area exceeding 50,000 square feet. 82. The applicant must submit a Transportation System Management (TSM) Plan, pursuant to the requirements of Chapter 15-17 of the ESMC within 90 days of issuance of the first Certificate of Occupancy in the Project Area. UTILITIES 83. Before the issuance of the first Building Permit for the Project Area, the applicant must provide a Utility Plan to the P.B.S. Director and Public Works for review and approval. The Utility Plan must demonstrate that all on-site utilities, including fiber optic utility lines from each building to the public right-of-way, are placed underground. The applicant must assume the costs for the relocation of all utilities,without limitation, light poles,electrical vaults,and fire hydrants within the Project Area or Project Site Before the issuance of a Certificate of Occupancy for each building that is the subject of the Building Permit, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that the approved Utility Plan improvements has been installed and appropriate access provided per the approved plan. 84. Before the issuance of the first Building Permit for the Project Area, the applicant must provide evidence to the P.B.S.Director and the Director of Public Works that proposed utility service improvements will be of a quality reasonably acceptable to the P.B.S. Director. The developer must encourage and promote a high quality,efficient,and sustainable development through the incorporation and utilization of the best and most cost-effective electrical,natural gas, communications, sewage handling, water conservation, and solid waste disposal equipment and systems. Compliance with this measure must be verified by the P.B.S. Director before Building Permit issuance. 226 85. On-site utilities on private property within the project site, including without limitation, storm drains, stormwater detention basins, water and sewer mains, must be owned and maintained by the developer and a connection point to a public main established. 86. Before the issuance of a building permit, the applicant must obtain utility easements for the utilities located on private property within the Project Area that cross through adjacent private property and/or utilities that are used or shared by two or more parcels. 87. Encroachment Permits for work in the public right-of-way must be obtained from the Engineering Division of the Public Works Department. A Grading Permit is also required when import or export of dirt exceeds fifty cubic yards. 88. Overload permits are required for dirt and material hauling on City streets. 89. No material storage is allowed in the public right-of-way except by Encroachment Permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right-of-way, it must be confined to parkway areas and street parking areas,as long as safe and adequate pedestrian and vehicular passage is maintained at all times as determined by the Engineering Division. Storage beyond these areas in the public right- of-way requires prior approval of the Public Works Director and must be limited to a maximum period of 24 hours. 90. Before the issuance of the first Building Permit for the Project Area, the applicant must submit Street and Public Right-of-Way Improvement Plans for review and approval to the Director of Public Works and P.B.S. Director. Said plans must include any required dedications and sidewalks in accordance with City standards necessary for the building that is the subject of the Permit. Sidewalks are required on both sides of all public streets within the Project Area. Before the issuance of a Certificate of Occupancy for each building that is the subject of the Permit, the applicant must dedicate any required right-of-way and install all sidewalks in accordance with plans and specifications approved by the City.Alternatively, the applicant may submit Street and Public Right-of-Way Improvement Plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 91. The Los Angeles County Sanitation District requires a Buildover Permit for construction over its sewer easements. The applicant must demonstrate through its Grading Plans in the Project Area that all alterations to final sewer easements, relocation of sewer manholes, and rights of way must be in accordance with relevant Buildover Permit(s) to allow the construction of the proposed project and other project components over any sewer easements. Before the issuance of the affected Grading Permits for the proposed project, the applicant must provide evidence to the P.B.S.Director that any necessary Buildover Permit(s)has been obtained or the easement(s)has been relocated. 92. Before issuance of the first building permit in the Project Area, the applicant must inspect the existing sewer laterals that connect to the City sewer mains in the area with closed circuit television(CCTV)to determine the condition of the existing infrastructure that will serve the 227 project. All reports and copies of CCTV videos must be submitted to the Department of Public Works. 93. If new sewer laterals are required and constructed in the public right-of-way, they must be a minimum of six inches inside diameter. Material must be "vitreous clay pipe." Each lateral must have a six-inch clean-out brought to grade at the property line and securely capped. A B9 size box must be placed around the clean-out for protection. The box must have a cover properly marked with the word "sewer." If in a traffic area, the cover must be traffic approved. All elevations of planned sewer connections must be reviewed and approved by the Director of Public Works before starting construction. Existing sewer laterals must be plugged at the sewer mainline and capped at the property line. Existing six-inch wyes may be reused if approved by the Director of Public Works. Any required sewer laterals must be installed before the issuance of a Certificate of Occupancy for the building to be served. 94. If any off-site upgrades are required due to changes in the proposed peak demands in sewer services, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant must provide evidence to the P.B.S. Director that adequate sewer capacity is available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively,the applicant may submit any sewer upgrade plans, if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 95. If any off-site upgrades are required due to changes in the proposed peak demands in water and wastewater service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within a Project Area, the applicant must provide evidence to the P.B.S. Director that adequate water and wastewater capacity is available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively,the applicant may submit any water and wastewater upgrade plans,if required, for a Project Area or a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 96. Before issuance of a first Certificate of Occupancy for any building in the Project Area north of the Union Pacific Railroad right-of-way,the applicant must replace the 15-inch sewer line located to the north of the project site with an 18-inch sewer line as depicted on the Phase 1 Utility Layout plan. Before issuance of a first Certificate of Occupancy for any building in the Project Are south of the Union Pacific Railroad right-of-way,the applicant must prepare an analysis of the existing sanitary system on Rosecrans Avenue and calculate additional flow resulting from the proposed development in to the existing system. If necessary, upgrade the 12" and 15" diameter downstream sanitary sewer pipes on Rosecrans Avenue from point of connection to Aviation Boulevard. 97. Businesses that generate fats, oils, or greases are required to install grease interceptors with a minimum 30-minute retention period on appropriate sewer connections. 228 98. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that the appropriate additional on-site water and wastewater improvements as identified by the El Segundo Water and Wastewater Division,or an equivalent service provider,have been installed. Such additional measures must include separate services for potable and fire water systems, a separate water meter for each building, and potable system to be a combined irrigation and domestic, or separated into domestic and irrigation meters. Separate fire services with double detector check valves and backflow preventers are required. Upon completion of the site plan, the exact size and number of fire lines will be determined. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 99. If any off-site upgrades are required due to changes in the proposed peak demands for telecommunication services, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively,the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 100. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that any appropriate additional improvements for on-site telecommunication services as identified by Pacific Bell, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. If the existing facilities serve adjacent properties, the services may require relocation. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 101. If any off-site upgrades are required due to changes in the proposed peak demands in natural gas service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within the Project Area,the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Compliance with this measure must be verified by the P.B.S. Director before permit issuance. Alternatively,the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 102. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works 229 that any appropriate additional on-site natural gas service improvements as identified by The Gas Company, or an equivalent service provider, have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Compliance with this measure must be verified by the P.B.S. Director and before the issuance of the Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 103. If any off-site upgrades are required due to changes in the proposed peak demands for electrical service, a program for the implementation of the upgrades must be provided to demonstrate capacity availability before occupancy. Before the issuance of a Certificate of Occupancy for each building within the Project Area,the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that adequate facilities are available to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively, the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. 104. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that any appropriate additional on-site electrical service improvements as identified by The Edison Company, or an equivalent service provider,have been installed to accommodate the building that is the subject of such Certificate of Occupancy. Alternatively,the applicant may submit any improvement plans, if required, for a number of buildings at one time if that group of buildings will be completed within a reasonable time period of each other. WATER 105. Before the issuance of the first Building Permit for each building within the Project Area, the applicant must submit Off-site Reclaimed Water Facility Plans to the P.B.S. Director and the Director of Public Works for review and approval. Said plans for the off-site improvements must include an approval from West Basin Municipal Water District, the supplier of reclaimed water. 106. Before the issuance of a Building Permit for each building within the Project Area, the applicant must submit Final Working Drawings that incorporate On-site Irrigation Plans to the P.B.S. Director and the Director of Public Works for review and approval. Such plans must indicate that reclaimed water must be utilized in the irrigation systems for all landscape areas and other uses, as approved by the Department of Public Works, when available from the West Basin Municipal Water District or other supplier of reclaimed water. Such plans must include the installation of a dual water line system on-site to accommodate distribution of potable water for landscaping until reclaimed water for landscaping becomes available for the Project Area. In addition to the utilization of reclaimed water for irrigation, other water conservation features such as low-flow devices and automated shut-offs must be included throughout the Project Site. Water management systems must include both water conservation and wastewater reduction features. 230 107. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must provide evidence to the P.B.S. Director and the Director of Public Works that the connection with the City's reclaimed water system has been provided, the approved water management systems and water-saving devices have been incorporated into project development, and that the water facilities have been installed per the approved plans. If the water provider is unable to make reclaimed water available before the issuance of the Certificate of Occupancy, then potable water may be utilized and the Certificate of Occupancy must be issued. 108. The applicant must install a loop water distribution system for the Project Site with service connections to each of the water mains in the streets surrounding the project, subject to the review and approval of the Director of Public Works. Before the issuance of each Building Permit in the Project Area, the applicant must submit a construction phasing plan for the water service, which must include, without limitation, how the building which is the subject of the permit will be connected to the looped water distribution system. The looped water system must provide water mains connection to Rosecrans Avenue on the south and Sepulveda Boulevard to the west. 109. Before the issuance of a Certificate of Occupancy for each building within the Project Area, the applicant must pay the applicable water meter installation fees. Compliance with this measure must be verified by the P.B.S. Director before issuance of the Certificate of Occupancy. 110. Before the issuance of a Building Permit for each building within the Project Area, the applicant must pay the applicable sewer connection fees and charges. Compliance with this measure must be verified by the P.B.S. Director before Permit issuance. 111. Before the issuance of the first Certificate of Occupancy for a building in the Project Area, those areas not already part of County Sanitation District must be annexed to County Sanitation District No. 5. 112. Water meters must be provided for each lot by the applicant in accordance with City policies and approved by the Water Division before installation. This condition does not prohibit the use of private water meters for individual buildings or individual tenancies. PROJECT CONDITIONS THAT APPLY TO PHASE 113 ONLY 113. Up to a maximum of 12,000 gross square feet of restaurant space may open as early as 6:00 a.m. daily for breakfast service. ADMINISTRATIVE USE PERMIT/ALCOHOL SERVICE (FOR PHASE 113) 114. The proposed hours of operation and hours of alcohol service for the restaurants and kiosks, including the outdoor dining patios, are limited to: Sunday through Thursday from 10:00 a.m. to 12:00 a.m. and Friday through Saturday from 10:00 a.m. to 2:00 a.m. Food service must be available in the indoor dining areas and the outdoor patios during the hours of operation and alcohol service. Any change to the hours of operation or the hours that alcohol 231 may be served is subject to review and approval by the Director of Planning and Building Safety. 115. Any subsequent modification to the project as approved in the Administrative Use Permit, including the floor plan and areas where alcohol will be served, and/or the conditions of approval, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 116. The applicant for the Alcohol Beverage Control License must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The applicant must obtain and maintain a Type 41 license or a Type 47 license, whichever is applicable. 117. The restaurant operations must comply with ESMC §§ 7-2-1, et seq. regulating noise and vibration. 118. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 119. The applicant for the Alcohol Beverage Control License must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including,without limitation,the regulations set forth in 4 Cal.Code of Regs. §§ 55, et seq. 120. The applicant for the Alcohol Beverage Control License must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the restaurant, patio and parking lot. Said contact's name and phone number must also be available through the restaurant staff at all times. 121. The applicant for the Alcohol Beverage Control License must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10") in the bar and restaurant dining areas at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non-drinking driver. 122. There cannot be exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior constitute a violation of this condition. 123. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control 232 (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 124. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Long Beach/Lakewood District Office administered Licensee Education on Alcohol and Drugs (LEAD) Program; or, b. Completed an approved equivalent (LEAD) training program administered by the ABC, Long Beach/Lakewood District Office to ensure proper distribution of alcoholic beverages safely, responsibly and to adults of legal age. Any future employee designated to sell alcoholic beverages on behalf of the licensee or applicant must obtain a certificate proving completion of the(LEAD)training; and c. The licensee or applicant must confirm with the Planning and Building Safety Director, or designee, within fifteen (15) days of the Director's decision as to the approval of the application, or by final project approval,that a date certain has been scheduled with the local ABC Office to complete the LEAD training program. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 125. The applicant for the Alcohol Beverage Control License must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one-half hour after closing. 126. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurants and the outdoor patio areas, the City may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 127. The outdoor dining/seating areas must comply with ESMC § 15-2-16. 128. The applicant for the Alcohol Beverage Control License must install security cameras for monitoring and recording activity,which include, without limitation: cash handling/counting areas, the manager's office, the safe, all access doors, and any other areas deemed necessary by the Police Department. Monitoring and recording equipment must be stored in a secure area(e.g., manager's office). 233 129. Before a building permit is issued, a schematic plan of the camera system must be submitted and approved by the Police Chief, or designee. The camera specification notes must be included on the schematic plan. 130. Before a building permit is issued, the minimum camera requirements must be listed on the building plans with the camera specifications and include the following: a. All security surveillance cameras must be installed to record video in color. b. Security cameras, especially those viewing customers as they enter the business or stand at cash registers, must capture the individual from the waist to the top of the head, straight on. c. Security surveillance cameras must be positioned low enough so that caps/hats or other disguises (typically used when committing a crime)will not obstruct the view of the individual's face. This will provide the best possible picture for the identification of the individual during the investigation process. d. The maximum mounting height is 8 feet. e. The recording equipment must capture video digitally and must record a minimum of(21) days for each security surveillance camera. Security surveillance camera recordings must be made available to law enforcement agencies for investigation purposes upon request. f. A schematic plan of the proposed camera locations must be submitted and approved by the Police Chief, or designee. g. The "Camera Specification Notes" must be included on the schematic plan page. h. A security surveillance camera plan must provide the following minimum items: (1) One camera facing each point of sale station (2); one camera facing the safe (it may be possible to cover the safe and the point of sale station closest to it); and(3) one camera at the main entry door capturing customers as they exit. 131. The buildings cannot be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 132. The buildings and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC ADJUSTMENT (FOR PHASE 1B) 133. The applicant must post clear signs at each of the required loading spaces designating them as loading spaces during the hours of 6:00 a.m. to 10:00 a.m. The signs must clearly prohibit 234 employee and/or customer parking during those hours. The applicant may extend the loading hours beyond 10:00 a.m. at his discretion. The parking spaces must be marked clearly to delineate the parking and loading spaces to the satisfaction of the Director of Planning and Building Safety. 134. Any subsequent modification to the project as approved in this Adjustment, including the plans and/or the conditions of approval, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. VARIANCE (FOR PHASE 113) 135. Before the City issues building permits,the applicant must submit detailed plans of the two retaining walls along the north property line adjacent to the UPRR right-of-way. The retaining walls and their non-retaining portions cannot exceed 12 feet in height, with the exception that a metal open work fence up to a maximum of 42 inches in height may be installed on top of the walls 136. Any subsequent modification to the project as approved in this Variance, including the plans and/or the conditions of approval, must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification." INDEMNIFICATION 137. The Developer must defend, indemnify and hold the City and its elected and appointed officials, officers, employees and agents harmless from and against any claims, legal or equitable actions, damages, costs (including, without limitation, attorney's fees), injuries, or liability of whatsoever kind or nature, arising from the City's approval of the project, including but not limited to the CEQA determination and/or the Development Agreement approval and all approvals from the time of the approval of the Original Development Agreement through and including the Revised and Restated Development Agreement. 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 any City approval relating to the Revised and Restated Development Agreement or any approvals issued in conjunction therewith, the applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section"the City"includes the City of El Segundo's elected officials, appointed officials, officers, and employees. 138. PES Partners, LLC and Street Retail, Inc. must acknowledge receipt and acceptance of the Project Conditions by executing the acknowledgement below. By signing this document, PES Partners, LLC and Street Retail, Inc. certify that they have 235 read, understood, and agree to the Project Conditions listed in this document and represents and warrants that it has the authority to execute this document on behalf of the property owner and acknowledges that the conditions set forth above shall run with the land and be binding upon all owners and occupants of the land. PESP PES PARTNERS, LLC, a Delaware limited liability company By: Street Retail, Inc., a Maryland corporation Its: Manager By: Jeffrey S. Berkes, Vice-President Western Region STREET STREET RETAIL, INC., a Maryland corporation By:. Jeffrey S. Berkes, Vice-President Western Region {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} 236 ATTACHMENT 7 RESOLUTION NO. 2818 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE ENVIRONMENTAL ASSESSMENT NO. EA-1185, DEVELOPMENT AGREEMENT NO. DA 17-01, ZONE TEXT AMENDMENT NO. ZTA 17-02, AND ADOPT AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT(FEIR) FOR THE PLAZA EL SEGUNDO DEVELOPMENT PROJECT The Planning Commission of the City of EI Segundo does resolve as follows: SEC7-ION 1: The Planning Commission finds and declares that: A. On March 15, 2005, the City Council approved a development known as Plaza EI Segundo. Approvals for that development were subsequently amended to allow for different types of uses including, among others, Health Clubs and Fitness Center (2007); Health/Skin Care and automobile sale uses (2008); fast food restaurants, banks, dance/music studios (2009); and medical and dental offices (2010); B. On September 3, 2013, the City Council further amended the approvals for the development to, among other amendments, increase the size of the previously approved shopping center floor area by 49,613 square feet; C. On March 27, 2017, Street Retail, Inc. filed applications for an Environmental Assessment for an addendum to the certified Final Environmental Impact Report (FEIR) to increase the size of the previously approved shopping center by 18,850 square feet; a Zone Text Amendment to eliminate size limitations to certain permitted uses, add new permitted uses, and increase the permitted number and size of monument signs in the C-4 (Commercial Center) zone); a "Revised and Restated Development Agreement"to eliminate most tenant size restrictions, to allow an expansion of the project size, and to consolidate the original development agreement and its subsequent amendments into one; and a site plan to add approximately 11,500 square feet to building space A2 in the Phase 1A development of Plaza El Segundo; D. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal, Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); E. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for August 24, 2017; 82 238 F. On August 24, 2017, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2818 recommending that the City Council approve the proposed project; G. This Resolution and its findings are made based upon the evidence presented to the Commission at its August 10, 2017, hearing including the staff report submitted by the Planning and Building Safety Department, SECTION 2: Factual Findings And Conclusions. The Commission finds that the proposed amendments would result in the following: A. Increase the potential floor area of the Plaza EI Segundo Development project by 18,850 square feet from 498,422 to 517,272 square feet; B. Amend the permitted uses in the Commercial Center (C-4) zone to include animal hospitals, assembly halls, daycare centers, general offices, multi- media offices, personal services, and recreational facilities; C. Amend the uses subject to an administrative use permit in the C-4 zone to include permitted uses that are conducted in a trailer, a shipping container, or similar structures, and to delete video arcades; D. Amend the uses subject to a conditional use permit in the C-4 zone to include bars, micro-breweries with tasting room/dining, and to delete video arcades; E. Amend the sign standards in the C-4 zone to increase the permitted height of three permitted monument signs on Sepulveda Boulevard north of the Union Pacific Railroad (UPR) from 30 to 45 feet; F. Amend the sign standards in the C-4 zone to increase the permitted height of one of two permitted monument signs along Allied Way from 25 to 65 feet; G. Consolidate the development agreement for the project into one document; H. Amend the development agreement to eliminate limitations on the maximum floor area for specific uses that include health clubs or fitness centers, medical and dental offices, banks, day spas, dance and music studios; I. Amend the development agreement to eliminate most of the restrictions on the minimum size of tenants in Phase 1 A; 2 83 239 J. Provide for a new 20 year term for the development agreement; K. Consolidate and revise the project conditions of approval to reflect changes in the project size; L. Revise the conditions of approval to simplify the traffic analysis methodology; M. Delete obsolete conditions and conditions related to signs that will be incorporated into the C-4 zone sign standards; and N. Add a condition requiring that a minimum percentage of the project floor area be dedicated to sales tax generating uses. SECTION 3: General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan as follows: A. The proposed ordinance is consistent with Goal LU4 of the General Plan Land Use Element in that it will permit new commercial uses, such as animal hospitals, assembly halls, daycare centers, multi-media offices, and recreational uses, which will help provide a stable tax base by promoting a mixed-use environment in the C-4 zone and. B. The proposed ordinance is consistent with Objective LU4-4 of the General Land Use Element in that it will permit new uses in existing commercial and industrial areas, such as animal hospitals, assembly halls, daycare centers, multi-media offices, and recreational uses, which have the potential to maximize economic benefit and reduce traffic impacts. C. The proposed ordinance is consistent with Objective EDI-2 of the General Plan Economic Development Element in that would permit several new uses in the C-4 zone, which promotes the diversification of the City's retail and commercial base. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26 (Amendments), and based on the findings set forth in Section 2, the proposed ordinance is consistent with and necessary to carry out the purpose of the ESMC as follows: A. The ordinance is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B. The ordinance is necessary to facilitate the development process and 3 84 240 ensure the orderly development of buildings and the location of uses in the City. The intent of the ordinance is to update the permitted uses, and the development standards in the C-4 zone, which will facilitate and expedite the development process and provide economic and social benefits resulting from the orderly planned use of land resources. SECTION 5. Development Agreement Findings. In accordance with Government Code § 64867.5 and Resolution No. 3268, adopted June 26, 1984, the City Council finds as follows: A. The Development Agreement is consistent with the General Plan of EI Segundo and there are no applicable Specific Plans. The Revised and Restated Development Agreement is an extension of that Development Agreement originally approved in March 2005 and therefore a continuation of the Development Agreement Findings set forth in Section 5 of Ordinance No, 1382 which findings are incorporated by reference. By allowing increased development and expanding the allowed uses, the Development Agreement and corresponding zoning changes continue to provide the following benefits: 1. Protection against the Plaza EI Segundo development (both Phase 1A and Phase 1B) from becoming blighted due to a change in retail sales by allowing additional uses which will create a synergy; 2. Provision of an attractive urban destination; 3. Increasing and stabilizing the City's tax base by allowing new commercial development; 4. Provision of long-term employment and increase the employment opportunities for the residents of the City of EI Segundo; 5. Add to the diversification of economic base in the City; 6. Provision of significant fiscal benefit to the City through additional business licenses and sales tax revenues; and 7. Provision of additional retail use and commercial services to the adjacent employment centers. B. The Development Agreement is compatible with the uses authorized in and regulations prescribed for the Commercial Center (C-4) zoning district. The C-4 zone was created for this area and the zoning is being amended consistent with the Development Agreement. 4 85 241 C. The Development Agreement is in conformity with the public convenience, general welfare and good land use practice as it provides expanded commercial opportunities in a synergistic manner with the existing Plaza El Segundo development and adjacent land uses but does not increase the overall allowed traffic. D. The Development Agreement will not be detrimental to the health, safety and general welfare. As evidenced by the proposed Addendum to the adopted FEIR for the original project, there will not be any new significant impacts. E. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values as it does not expand development beyond the physical boundaries of Plaza El Segundo (Phase 1A and Phase 1B), which is already developed, SECTION 6: Environmental Assessment, The Planning Commission makes the following environmental findings: A. The City Council certified a Final EIR (FEIR) on March 1, 2005 for the Plaza El Segundo project. B. The City reviewed the project and prepared an Addendum to the FEIR pursuant to CEQA Guidelines § 15090. A true and correct copy of the Addendum is attached as Exhibit "A," and incorporated by reference. None of the conditions in CEQA Guidelines § 15162 requiring a subsequent or supplemental EIR are present. No new significant effects will result from the revised project. No significant effects previously examined will be substantially more severe than shown in the FEIR in accordance with CEQA Guidelines § 15164(a). C. The Addendum was not circulated for public review, but will be included in or attached to the FEIR in accordance with CEQA Guidelines § 15164(c). D. In accordance with CEQA Guidelines § 15164(e), the Addendum includes an explanation of the decision not to prepare a subsequent EIR pursuant to CEQA Guidelines § 15162 and the explanation is supported by substantial evidence. E. In accordance with CEQA Guidelines §§ 15090 and 15164(d) the Addendum reflects the City's independent judgment and analysis and was considered with the FEIR before the Planning Commission considered the project. The Addendum is an accurate and complete statement of the environmental impacts of the project. The Addendum to the FEIR was prepared under the direction of the City of EI Segundo Planning and 5 86 242 Building Safety Department and reflected the independent judgment and analysis of the environmental impacts of the project. F. In accordance with § 15091 of the CEQA Guidelines, the record on which the Planning Commission's findings are based is located at the Planning and Building Safety Department, City of EI Segundo, 350 Main Street, EI Segundo, California 90245. The custodian of records is the Director of Planning and Building Safety. G. The Planning Commission finds that all mitigation measures now incorporated into the project are desirable and feasible. The Planning Commission recommends that the City Council certify the Addendum. H. Because of the facts identified in this Resolution, the Addendum shows that a Statement of Overriding Considerations will be required in order for the project to be approved. SECTION 7: Recommendations. A. Subject to the conditions listed on the attached Exhibit "C," which are incorporated into this Resolution by reference, the City Council should certify the Addendum attached as Exhibit "A" and readopt the Statement of Overriding Considerations, B. The City Council should adopt the Ordinance attached as Exhibit "B"which would implement the Zone Text Amendment, and adopt the Development Agreement; SLUI ICON 8: Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. SEC'FJON 9: Limitations. The Planning Commission's analysis and evaluation of the project is based on information available at the time of the decision. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. In all instances, best efforts have been made to form accurate assumptions. SECTION 10. This Resolution will remain effective until superseded by a subsequent resolution. 6 87 243 SECTION 11: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy. SECTION 12: This Resolution may be appealed within 10 calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. PASSED AND ADOPTED this day of 2017. Ryan Baldino, Chair City of EI Segundo Planning Commission ATTEST Sam Lee, Secretary Baldino Newman - Nicol - Hoeschler - Wingate - APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: David King, Assistant City Attorney 7 88 244 ATTACHMENT 8 EL SEGUNDO PLANNING COMMISSION MEETING DATE: August 24,2017 AGENDA STATEMENT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action regarding recommending City Council approval of Environmental Assessment No. EA-1 l 85, Development Agreement No. DA 17-01, and Zone Text Amendment No. zTA 17-02 to: ■ Approve an amendment to Development Agreement No. DA 03-01 (7"' Amendment)for Plaza El Segundo and The Point development project to allow an expansion of the project size from 498,442 square feet to 517,292 square feet, to eliminate most tenant size restrictions, and to consolidate the original development agreement and its subsequent amendments into one "Revised and Restated Development Agreement; • Zone "Text Amendment to eliminate size limitations to certain permitted uses, add new permitted uses, and increase the permitted number and size of monument signs in the C-4 (Commercial Center) zone, and add a site plan review procedure; ; • Modify the conditions of approval for the original project; and • Approve an Addendum to the Final Environmental Impact Report (1,EIR) for the above changes. The Project site is the Plaza El Segundo and The Point development project, in the Commercial Center(C-4) zone(the "Site"). (Applicant: Strect Retail, Inc.). RE,COMMENDED PLANNING COMMISSION ACTION: Staff recommends that the Planning Commission open the public hearing and take public testimony on the proposed project, close the public hearing and consider the evidence, and adopt Resolution No. 2818 recommending that the City Council a) adopt an Addendum to a previously-certified EIR and a Mitigation Monitoring and Reporting Program, and b) approve Environmental Assessment No. EA-1185, Development Agreement No. DA 17-01, Zone Text Amendment No. ZTA 17-02, and modifications to the conditions of approval for the original project. ATTACKED SUPPORTING DOCUMENTS: 1. Draft Plaiming Commission Resolution No. 2818 2. Addendum to the FEIR, including updated technical studies and the adopted Mitigation Monitoring and Reporting Program (MMRP). 3. Draft Ordinance 4. Draft development agreement 5. Proposed Conditions of Approval as amended by this project 6. Plans ORIGINATED BY: Paul Samaras, Principal Planner r REVIEWED BY: Gregg McClain, Planning Manager APPROVED BY: Sam Lee, Director of Planning and Building Safety 1 74 246 INTRODUCTION The proposed project is a request to amend the approvals for the Plaza El Segundo (Phase 1A)and The Point (Phase 1 B) shopping centers which together comprise Phase 1 of a project originally approved in 2005. As approved,the two centers consist of 498,442 square feet of retail,restaurant, grocery store, general and medical office,and service and fitness uses. The property owner(Street Retail, Inc.) seeks to increase the size of the project by 18,850 square feet, lift some of the restrictions on sizes of tenant spaces and on the maximum area permitted for specific uses, allow additional uses as permitted uses in the C-4 zone,and increase the number and size of the permitted monument signs for the two shopping centers. The intent of the proposed changes is to: a)respond to current trends in the shopping center sector, b)address persistent vacancies,especially in that portion of Plaza El Segundo known as The Edge (east of Allied Way), and c) to make certain the properties have enough flexibility to insure their long-term viability. The additional flexibility will provide for innovative development that will allow Plaza El Segundo and The Point to remain the premier '`destination places" they are. Furthermore, the increase in square footage and signage for the overall development will help attract high-sales tax producers and other new uses. BACKGROUND AND DISCUSSION Background Phase lA of the overall project(north of the Union Pacific Railroad)was developed in 2005-2007 and is known as Plaza El Segundo. Plaza El Segundo contains approximately 378,829 square feet of floor area. In 2008, the City approved an expansion to the original project, which included 8.062 acres of land (and 70,000 square feet of building floor area) south of the BNSF railroad. This area is called Phase 113 of the overall project. In 2013, the City Council approved a further expansion of the project area by 4.988 acres to a total of 51.7 acres (gross). This area was added to Phase 1 B of the site, which increased to 13.05 acres. In addition,the City Council approved an additional 49,613 square feet of floor area for Phase 1 B of the project, which increased its total floor area to 119,613. Phase I B was subsequently developed and is now known as The Point. The current uses (as approved in 2013) and floor area allocated to each use at the two centers are listed in the following table. 2 75 247 TABLE 1 CURRENT PROJECT SITE LAND USES Phase 1A (Plaza El Segundo) Phase 113 (The Point) Retail sales and 246,078 Retail sales and 70,668 restaurant/food uses restaurant/food uses Supennarket 66,811 Quality restaurant 20,665 Electronic superstore 42,735 General office 25,16 Quality restaurant 16,404 Fitness center 1,500 Specialty retail 3,081 (Dance Studio) General office 2,160 Dental office 2,226 Proicet Site ani! vicinity, The project site is approximately 51.7 acres and generally located at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue within the Commercial Center(C-4)Zone. The main access to Plaza El Segundo is at Park Place off Sepulveda Boulevard and the main access to The Point is at Village Drive off Rosecrans Avenue. The subject site is surrounded by a variety of commercial, office, light and heavy industrial uses. The surrounding land uses are summarized in Table 1,below: TABLE 2 SURROUNDING LAND USES Land Uses Zones North self-storage, warehouse, light industrial C-4 and M-1 East office, entertainment, light industrial MU-S and M-1 South retail, office PD - City of Manhattan Beach West oil refinery M-2 3 76 248 Pro ieet de,scrintion The project entitlement applications are each described below. Environmental Assessment • Increase the overall project floor area by a maximum of 18,850 square feet from 498,422 to 517,272. The additional floor area will primarily take the form of one or more additions to existing buildings to attract larger national retail uses. However, some of the additional floor area may take the form of kiosks,trailers and other non-traditional "buildings"called "pop-up retail" in the retail industry. These uses are commonly used to create interest and to support a greater variety of tenants in successful large retail centers. Staff prepared an Addendum to the adopted Environmental Impact Report (EIR) for the original project. The reasoning for the preparation of an Addendum is discussed later in this report. The Addendum and its appendices are attached to this report as Exhibit 2. Zone Text Amendment • Add and modify the permitted uses in the C-4 zone. 1. Animal Hospital. 2. Assembly halls. 3. Daycare. 4. Offices, general. 5. Offices, multi-media. 6. Recreational facilities. • Add and modify uses subject to a use permit. 1. Permitted uses conducted in a trailer, kiosk, or similar structures, subject to an administrative use permit 2. Remove video arcades from the uses subject to a use permit. 3. Permit micro-breweries with tasting room/dining and wine tasting rooms subject to a conditional use permit. • Modify the permitted signs in the C-4 zone. 1. Increase the permitted height of three permitted monument signs on Sepulveda Boulevard north of the Union Pacific Railroad from 30 to 45 feet. 2. Increase the permitted height of one of two permitted monument signs along Allied Way from 25 to 65 feet. • Establish a Site Plan Review process to review new buildings and/or additions to existing buildings at the project site for consistency with applicable standards and project approvals. The proposed ordinance would authorize the Planning and Building Safety Director to approve site plans for projects up to 15,000 square feet in size. Develomnent Aureement Amendment C7"'amendmen0 • Consolidate the development agreement into one document. Currently the development agreement consists of the original agreement, an operating memorandum and six amendments to the original agreement (a total of eight documents). The number of documents regulating the uses and other aspects of development on the site has made it difficult for staff,the property 4 77 249 owner,and potential tenants to understand the site's regulations. This proposal would combine all documents into one revised and restated development agreement. o Eliminate limitations on the maximum floor area for specific uses with corresponding changes made to the C-4 zone. Currently the development agreement has the following limitations regarding the number and size of various uses: 1. Health clubs or fitness centers. A maximum of two,provided that no singular use exceeds 8,500 square feet and the combined square footage of both uses does not exceed 11,502 total square feet of floor area. 2. Medical and Dental Office. A total of 5,000 square feet. 3. Banks. A total of 10,000 square feet. 4. Day spas. A total of 10,000 square feet. 5. Auto dealerships and service center in Phase 1 B. One,provided it does not exceed a total of 70,000 square feet. 6. Dance and Music Instruction Studios. A total of 6,000 square feet. 7. Health/Skin Care uses. Two, provided that neither use exceeds 3,000 square feet and at least 20% of the floor area is devoted to the sale of retail products. The intent of these restrictions was to reserve most of the floor area at the project site for retail sales uses that generate tax revenue for the City. In lieu of enforcing the above limitations, the proposed development agreement would establish a minimum overall floor area percentage for uses that generate sales tax revenue, such as retail sales, restaurants, cafes, bars, and micro- breweries. That percentage would be 80 percent in Phase IA and 65 percent in Phase 1 B. For reference, non-sales tax generating uses would be considered financial institutions, day spas, fitness centers, offices of all types, personal services, public assembly/assembly halls, and veterinary services. Simplify the limitations on the minimum size of individual tenant spaces or buildings. Currently, those restrictions (Section 4.2.2 of the DA) are as follows: 1. Except for two restaurants in Section 4.1.5 of the DA,a maxiinurn of 75,000 square feet of the building area on the property can be occupied by uses that are less than 4,000 square feet in size. With respect to such 75,000 square feet, a maximum of 8 building; pads (exclusive of two restaurants mentioned in Section 4.1.5) may be less than 4,000 square feet each. Moreover, no building pads on the property may be less than 5,000 square feet in size. Additionally, with respect to the 75,000 square feet, only those uses identified on Exhibit"B"to Operating Memorandum No. 1 are allowed to occupy less than 1,500 square feet of building space or uses which are the reasonable equivalents of the specific businesses listed in Exhibit "B" to Operating Memorandum_ 2. The 75,000 square foot limit does not apply to Phase 1B. However, tenants smaller than 1,500 square feet are subject to the same use limitations identified on Exhibit `B" to Operating Memorandum No. 1. The proposed development agreement would eliminate the list of preferred retail business types for tenant spaces less than 4,000 square feet in size. Instead,the agreement would simply restrict tenants less than 4,000 square feet (in Phase 1 A only) to a combined maximum of 75,000 square feet. The intent of maintaining this restriction on the size of tenant spaces is to retain larger tenants that sell higher value items, which in turn generate more sales tax revenue for the City. 5 78 250 ■ Establish a development agreement term of 20 years. Revise and restate the conditions of anoroval for the nroiect ■ Consolidate the conditions of approval into one document The project was originally approved by Resolution No. 4415 and Ordinance No. 1382, which contained 99 conditions of approval. The conditions of approval cover various topics, including: 1. Meeting minimum Building, Energy, and Fire Code requirements. 2. Meeting fencing, lighting, landscaping and sign-related requirements. 3. Architectural design. 4. Completing public right-of-way and utility-related improvements. 5. Dedicating rights-of-way. 6. Minimizing construction-related environmental impacts (noise, vibration, dust, hazardous materials, etc.). 7. Minimizing traffic and parking related impacts. $. Paying mitigation fees. As mentioned above,the original project was subsequently amended several times. Some of those amendments involved adding new conditions and deleting or modifying previous conditions, In processing those amendments, the City approved only the changes to the conditions each time, rather than a complete revised set of conditions. As a result, today there are 125 conditions of approval for the project, which are divided among several documents. This makes enforcement of the conditions difficult. Staff must review several overlapping and/or conflicting lists of conditions, with no single list being a complete and accurate list. ■ In addition to consolidating the conditions into one document, the proposed project would delete, revise and add conditions. Some of the proposed changes are summarized below: 1. Updating Building, Fire, and Zoning Code requirements and references. 2. Updating the maximum gross square feet that can be developed in Phase I of the Project Area. 3. Revising and simplifying the traffic analysis methodology. 4. Deleting conditions relating to permitted signs and incorporating them into the C-4 zone sign regulations. 5. Adding a condition requiring that a specific percentage of floor area is dedicated to "tax generating uses." Site Plan Review ■ Consistent with the provisions of the proposed ordinance, the applicant has submitted an application for a site plan review to approve an 11,500 square-foot addition to building A-2 (CostPlus — World Market) in Plaza El Segundo. The addition will consist of 5,200 square- foot expansion of the building footprint at the rear and an interior addition of a 6,300 square- foot mezzanine level. The proposed site plan is attached (Exhibit 6). The proposed Site Plan Review is being reviewed by the Planning and Building Safety Director concurrently with the 6 79 251 overall project, The Director will issue a decision on the site plan review application separately if and when the proposed ordinance is approved and becomes effective, General Ilan and Zoning Consistenev Consistency with the EI Segundo General Plan ESMC Section 15-1-1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the Planning Commission must find that the proposed Zone Text Amendment is consistent with those goals, objectives, and policies. Planning staff believes there is substantial evidence in the record to support the findings required for the Planning Commission to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. Consistency with the El Segundo Municipal Code. Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to recommend City Council approval of the proposed amendments, the Planning Commission must find that the amendments are necessary to carry out the general purpose of SSMC Title 15. The purpose of this Title(SSMC §15-1-1) is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. Planning staff believes there is substantial evidence in the record to support the findings required for the Planning Commission to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. The proposed project is consistent with the maximum floor area ratio (FAR) permitted in the C-4 zone, which is .275:1. The existing shopping centers are developed at approximately a .221:1 FAR The addition of up to 18,850 square feet would increase the FAR to approximately .230:1. Further, any new construction associated with the proposed project would be reviewed for consistency with the development standards in the C-4 zone (height, setbacks, etc.) and other applicable Zoning Code standards (parking, landscaping, etc.) before the City issues building permits. ENVIRONMENTAL REVIEW On March 1,2005, the City Council certified the Final Environmental Impact Report and adopted a Mitigation Monitoring Reporting Program. The City Council conducted a separately noticed public hearing on the project after the completion of the response to comments and completion of the FEIR. Structure of Certified Program/Proiect EIR The FEIR was structured as a Program EIR and a Project EIR in one document. The Sepulveda/Rosecrans Site Rezoning is analyzed at a "program level," in accordance with the requirements of CEQA. Since there are number of factors that could not be studied in sufficient detail to conduct a "project level" review of the entire proposed 850,000 square foot project, the Program EIR included a review of the issues that could be fully addressed, and establishes a mechanism (called"Subsequent Environmental Documentation")for determining what additional 7 80 252 information will have to be provided and studied in order for a "project level" review to be conducted. All of the environmental conditions associated with development on the Plaza El Segundo project could be analyzed. Therefore, a "project level" review was prepared for that portion of the Sepulveda/Rosecrans Site Rezoning. The FEIR also included an analysis of alternatives to the proposed Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo Development projects. The alternatives include a No Project Alternative, a Reduced Traffic Generation Commercial Alternative, and an Alternative band Use (Industrial) Alternative. For the Sepulveda/Rosecrans Site Rezoning, an additional Rezoning of the Plaza El Segundo Development Site Only Alternative is also included in the Draft EIR. The City Council adopted the Reduced Traffic Generation Alternative. The Reduced Traffic Generation Alternative placed a trip cap on the project. The trip cap limits the number of project generated vehicle trips and ensures that no matter the mix of commercial,restaurant and other uses permitted in the C-4 Zone that are ultimately developed on the project site, the traffic impacts would not exceed the levels evaluated in the EIR. The City Council adopted a Statement of Overriding Considerations on March 1,2005 for the Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Reduced Traffic Generation Alternative. Addendum to the FEIR The addendum to the FEIR for the proposed revised project analyzed the proposed amendment to the Plaza EI Segundo Development project that would increase the size of the original 425,000 square-foot development by a total of 92,292 square feet for a total of 517,292. The previously approved size for the Plaza El Segundo Development Phase 1B studied in the Addendum to the FEIR for the 2013 Revised Project was 498,442. The addendum detennined that there would be no new, or substantially more severe, significant impacts than the impacts originally identified in the FEIR. However, the previously adopted Statement of Overriding Considerations must be readopted by the City Council stating the specific reasons why the project's benefits outweigh its significant environmental impacts. Planning staff recommends that the Planning Commission find that the overriding benefits of the project outweigh the environmental impacts and recommend that the City Council readopt the Statement of Overriding Considerations as required by CEQA. A complete environmental analysis is provided in the attached Addendum to the EIR (Exhibit 2). The adopted Mitigation Monitoring and Reporting Program is attached (Exhibit 2). RECOMMENDATION For the foregoing reasons, staff recommend that the Planning Commission adopt Resolution No. 2818 recommending that the City Council a) approve Environmental Assessment (EA) No. EA- 1185, Development Agreement (DA) No. 17-01, Zone Text Amendment (ZTA) No. 17-02, Site Plan Review No. 17-01, and adopt of an Addendum to the previously Certified Final Envirornnental Impact Report (FEIR), with conditions. 8 81 253 ATTACHMENT 9 a ; oo© cW, 4 N W ps Q a w g e < a z pi 0W ; � € Al ol aa_48 s ZZ, mN W kgs Q tl Vi=i Z ..(n wQ8 �e3 �lJg z 7 f g&W a s ooWgs F = @ 0 � z �J ❑ L � t ul A nTITI — k Irr -�H�IIfrlfH+�H+fIIH�HifI$ � Gl \ �� � � CIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO _ � � jraiiHii MITI O HIHNHQ o Lq —s1lwlril�ll 1 ill irill il111Tli i 111 n LL LL LL = 711CfITITII _ a rn (n 6 �i.11q N M 0 '� �rrrr I I I i l l l l l l �•' Q 7 �1+fIHt4HH4� a ~ If�fHHiHHl�6 r - ffif•ll{IIH+I}II IR RIM �+NrH N I I I I I I I I I I I I I I I I I I I 110 � lPt, PRIIffH] . 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LLj j ]• r LLJ 277 T;.i ATTACHMENT 10 FEHR � PEERS MEMORANDUM Date:August 22, 2017 To: Paul Samaras, Principal Planner, City of EI Segundo Cc: Lisa Kranitz,Wallin, Kress, Reisman & Kranitz LLP From:Anjum Bawa Subject: Plaza EI Segundo and The Point — Additional Clarification on Proposed Trip Generation Methodology LA -2532 This letter is to provide additional clarification regarding the proposed change in traffic methodology for Plaza EI Segundo in order to explain how additional square footage has been added without the number of trips increasing. Background When the Traffic Impact Analysis was first prepared for Plaza EI Segundo it was unclear exactly what type of development would occur on the site. Based on this, the traffic trips were originally calculated based on a variety of different uses,including an 80,000 square foot discount store(such as a Target) and a 50,000 square foot health club. (See Table IV.L-7 of the 2004 EIR.) The 425,000 square feet of proposed development (Phase I — Project Level) resulted in 19,151 daily trips, 915 a.m. peak hour trips, 1,790 p.m. peak hour trips and 2,344 Saturday mid-day peak hour trips. The Reduced Traffic Alternative project was ultimately approved for Plaza EI Segundo. Under this alternative,the total amount of square footage did not change, but the mix of uses did. Under this alternative, traffic trips are capped at 16,645 daily trips, 779 a.m. peak hour trips, 1,477 p.m, peak hour trips and 2,205 Saturday mid-day peak hour trips. In arriving at these numbers, the analysis looked at 165,000 square feet of shopping center,185,000 square feet of other big-box retail stores (including 135,000 square feet home improvement store and 50,000 square feet electronic superstore), 50,000 square feet of grocery stores, 10,000 square feet of fast-food restaurants, and 15,000 square feet of sit-down restaurants. Separate calculations were made for each land use category. 600 Wilshire Boulevard I Suite 1050 1 Los Angeles, CA 90017 1 (213)261-3050 1 Fax(310)394-7663 www.fehrandpeers.com 279 Paul Samaras August 22, 2017 Page 2of3 The Reduced Traffic Alternative did not approve a specific development scenario. It simply capped the number of trips that were allowed for both Phases I and II. In fact, what has developed has been a different mix of land uses than analyzed under the Reduced Traffic Alternative which have had less traffic impacts than analyzed. Revised Methodology ITE has always had a category for Shopping Center uses;however,as explained above,this category was only used for part of the total retail center excluding specific big-box retail stores, grocery stores, and restaurants in the original EIR. Now that the two Centers have been developed and have been operational for a number of years, it is clear that the uses within Plaza EI Segundo meet the definition of a Shopping Center as defined by the ITE under the land use category #820. Accordingly, as set forth in the White Paper and as approved by the City's Traffic Engineer, it is appropriate to determine the traffic trips attributable to Plaza EI Segundo based on the Shopping Center land use category. In contrast,The Point does not meet the definition of a Shopping Center and is more like a lifestyle center with retail, restaurant and other uses such as office, and the trips generated by the Center are still being calculated based on the individual uses: In order to insure that the Shopping Center remains the correct land use category for calculating trip generation for Plaza, several conditions have been imposed. Restaurants and entertainment uses are limited to 20 percent of the development,fitness centers cannot exceed 10,000 square feet each, and individual offices may not exceed 5,000 square feet. If any of the aforementioned uses exceed the limits associated with each use, trip generation estimates for the excess portion over and above the limits will be calculated using individual land use trip generates separate from the trip rates for a shopping center. Further, Plaza EI Segundo must remain at 80%sales-tax generating uses. Pass-By, Internal Capture and Transit Credits The credits allowed for internal capture and pass-by trips have not been increased by changing the calculation of trips for Plaza EI Segundo to a Shopping Center land use category. As shown on the attached, as originally approved,there were internal trip capture rates and pass-by rates at the time the original EIR was approved. When the Addendum was approved in 2013, Condition 30 of the Original approval was modified to allow for the trip generation to be determined as set forth in the most recent ITE Manual instead of the 71" Edition. Additionally,the revised condition provided that trip adjustments for transit reductions would be in accordance with the adjustments in the Traffic 280 Paul Samaras August 22, 2017 Page 3 of 3 Impact Study in the 2008 Addendum to the EIR. The 2013 Addendum lists the Transit Credits as 5%for employees and 2%for retail visitors. As shown in the attached Summary of Trip Credit Assumptions, additional uses have been added to the trip generation calculations since 2008 based on new uses that were proposed. The revised trip generation methodology provides for trip credits (internal trip capture, pass-by, transit credit) consistent with what was approved in the Addendums. Actual Trip Counts The number of trips were calculated in the 2005 EIR based on the anticipated build-out of the project along with cumulative projects. Because the changes to Phases 1A and 1B of Plaza EI Segundo did not involve exceeding the trip caps, there was no need to do actual trip counts. This is consistent with the methodology that was used for the Amendments to the Development Agreement. The Second Amendment to the Development Agreement added 23,829 square feet and the Fifth Amendment added an additional 49,613 square feet for a total increase of 73,442 additional square feet. Nevertheless, it is worth noting that the estimated traffic upon which the trip caps were based, has not materialized. The recent PM trip counts that were done for the Topgolf project show that for all intersections except EI Segundo/Douglas,the actual 2016 counts are substantially less than what was anticipated. A traffic volume comparison is attached. 281 orla0000ox L C14 m0 O N M N N N M U .... m m m m m m v ID m of � M O w w w lD N lD 1D lO 111 lD N N N O N R F l0 N V1 N V1 If)M Vl lD 00 J M 001 0 n N O I� N N R m M N H N N W H ^ o o m m n v n o m an a m 0 H .V1-i ti W v n O LD m m ", m Ion m H H H N N W w J N rl O mmN Ill N lO O N O CO M N H H H H N Z N ~ 0m1 N N W O H V m N CC m N N N In L Z N M w H H H H H H +r" CC Ill 00 O V1 Vl 00 H H H 0 m N H 7 N H H H N M O Z u m � o'io vmi a1po m y lD c a u M3 a H a N N H Vl F' m n 0 0 0 M IND N N c3 M w m In N w lD QwwowwoNWHWm J w a v m M w H c o I oHowLnMHv T H O N m M N o v w v m N N It N m M N H N .� -I O N N N N N H H Z000 H 0 0 M HW l0D ON Ill H H H C v m 1D N m M m m o0 CL m MLq - ti mR C .-Ln o M m N w H N w v m Oo d O u W J V O O O H w H H G) 7 m '�-I N H. �-� NCD N J W O Y N F wO O w v N w m H V N m H N H ID 00 LL u W ID lD M lD N OHO O LL CIQ m a lD O l0 In O a m M O1 H dJ O ti 0 N H N .�-I N Ln m J J Z M M H N H m V Ol ~ O m H w INl1 W W IHD M Mal d Z N N N H H H 0 M m cT N W LOO w N 001 0 O Z M V N H H 2 Y J to In m 00 O w M m w m a2 3 0 ON V N N N H as Ill N F aw-I O O NA � H N j M lO M Nm O H m 9 OL H V M M H w m O N W m N H H OWO H ff N N N d3 3 J w w N O v v lD m 0 m M N a CD m NN N V 'DD g � ^� m o N vl m m N m N N v In M H H a H H } Inr`nnv � MMM 00 00 ^' H � HNocvinwmv m m M N tn N N w 00 N H 10 OJ 7 0 N d -0n 0 j m 0 ry \ N O > t Q N 3 W Lul O f0 O) O_ > N O > c a i 0a, Z 0 O/ o O N Ol - 12 N t N C C W N N C H N m V In l0 N w m] 1 282 TABLE 2 SUMMARY OF TRIP CREDIT ASSUMPTIONS IN THE EIR AND SUBSEQUENT APPROVED ANALYSES Sepulveda/Rosecrans Rezoning and Plaza EI Segundo Development EIR Assumptions on Trip Credits(Approved Project Alternative C) internal I r l p La pRl!a Mass-ny I FlInSI[t-replt Land use ITE Code AM PM SAT Dally AM PM SAT Daily Employee Visitors :Shopping Center 820 - - - 25% 25% 25% - - Home Intproyemertt Store 862 10% 30% 10% 10% 10% 10% 30% 10% Grocery Store 850 20% 20% 20% 20% 35% 35% 35% 35% - - �Electronic Super Store 863 20% 20"l 20% 20% 10% 10% 10% 10% - (Free Standing Discount Store 815 20% 20% 20% 20% 15% 15% 15% 15% - Health Club 493 20% 20% 20% 20% 10% 10% i 10% 10% Fast-food Restaurant with Drive Thru 934 20% 20% 20% 20% 30% 30% 30% 30% Sit-Down Restaurant 932 20% 20% 20•/ 20% 20% 20% 20% 20% Technical Addendum—Plaza EI Segundo—Trip Generation Analysis[Approved Jan 2008] Assumptions on Trip Credits Internal Trip Capture Pass-by Transit Credit Land use ITE Code AM PM SAT Daily AM PM SAT Daily Employee- Visitors Ishopping Center 820 - - - 25% 25% 25% 5% 2% Grocery Store 850 20% 20% 20% 20% 35% 35% 35% 35% 5% 2% 11Electronic Super Store 863 20% 20% 20% 20% 10% 10% 10% 10% 5% 2% lQualty Restaumte 931 20% 20% 20% 20% 0% 0% 0% 0% 5% 2% Trip Generation Addendum—The Point at Plaza EI Segundo[Approved July 2013] Assumptions on Trip Credits Internal Trip Capture Pass-by Transit Credit Land use ITE Code AM PM SAT Dally AM PM SAT Daily Employee Visitors Shopping Center 820 25% 25% 25% 5% 2% Specialty Rota 11(Dance Studio)* 826 20% 20% 20% 20% 5% 2% Specialty Retail(Day Spa)" 826 10% 10•o 10% 10% 10% 10% 10% 10% 5% 2% Grocery Store 850 20% 20% 20% 20% 35% 35% 35% 35% 5% 2% �(Electronic Super Store 863 20% 20% 20% 20% 10% 10% 10% 10% 5% 2% IQuality Restaurant' 931 20% 20% 20% 20% 20% 20% 20% 20% 5% 2% JQaafRy Restaurant with Breakfast- 9311932 5% 20% 20% 20% 20% 20% 20% 20% 5% 2% ilMedical Office' 720 - - - - - 5% [General Office* 710 0% 20% 0% 20% - - 5% - Trip Generation Analysis—The Point at Plaza EI Segundo[Approved September 2016] Assumptions on Trip Credits Internal Tr p Capture Pas—by Trans! Credit Land use ITE Code AM PM SAT Dailv AM PM SAT Daily Employee Visitors Shopping Center 820 - - - 25% 25% 25% 5% 2% Speclafty Retail(Oance Studio}* 826 - - - 20% 20% 20% 20% 5% 2% SpedattyRets 111Day Spal' 826 10% 10% 10% 10% 10% 10% 10% 10% 5% 2% Grocery Store 850 20% 20% 20% 20% 35% 35% 35% 35% 5% 2% Electronic Super Store 863 20% 20% 20% 20% 10% 10% 10% 10% 5% 2% Quality Restaurant` 931 20% 20% 20% 20% 20% 20% 20% 20% 5% 2% Fitness Center' 492 20% 20% 20% 20% 10% 20% 20% 20% 5% 2% Quality Restaurant with Breakfast' 931/932 5% 20% 20% 20% 20% 20% 20% 20% 5% 2% Medical Office' 720 - - - - - - - 5% General Office* 710 0% 20% 0% 20% - - 5% - Assumptions on Trip Credits Internal Trip Capture Pass-by Transit Credlt Land use ITE Code AM PM SAT Daily AM PM SAT Dally Employee Visitors 15hopping Center 820 - - - 25% 25% 25% 5% 2% [.lit-Down Restaurant 932 5% 20% 20% 20% 20% 20% 20% 20% 5% 2% [Quality Restaurant* 931 20% 20% 20% 20% 20% 20% 20% 20% 5% 2% D:Juality Restaurantwith Breakfast' 931/932 5% 20% 20% 20% 20% 20% 20% 20% 5% 2% 11-itness Center* 492 20% 20% 20% 20% 10% 10% 10% 10% 5% 2% 1GeneralOffice* 710 - 20% 20% - 5% Note: •Land-use not analyzed in the original EIR as part of the approved project alternative ##%-Lower than previously approved analysis ##%-Higher or new trip credit compared to original EIR's assumptions 283 n C `1 W > C ci a cc `o C N rn Lo m LL X < y d � c N U C N x co `o }+ a co m a W N g 1 N o N9 2 W •'�q2 o @ Y Y Q m (7 c M� 00 � �id� Nrn (O O `o m a� LL er x y CN LL N o 00 0 N O •cc W a)Q N x % X 6 ° LLO LL i0 rm c 9 a Z30o ° Z d c a x >CD �o r W` > Q- Q m Q 0 `T' u x z a m C C LL as a 4 W spu3 dui 010WA 06Wany-i F D E E o i a � n o v p N c co LL C W y d P N U C O 1 , C LL T7 'IOU H NY= = a o 0 S Y W T O12 01 q 3 m C O O � y� ao rmz o o LL j W N u-O IyN N o a rt�+ = (r � N O o $ e p x m _ Q1 X LL F- 0 H E cD :30 3 m Z z O U O _ a) > o c cc: > .. s m w mQ 0 m m x t LaQ ICO m m n a m a C O Izi c O) m C7 am spu3 dui aPNeA 96e)any=i U 0 w ~ m 284 - J A X c ci W H �( N XXx CCr m � LU (Q y C LL T m �f W ................ rx m o m 3 A ° O C d x W c Lb 0 Y � 2 m Q o je K ,x n 2 GN dme o 0 `o N° m r+M r 3 a 0 f0 fD O O 0 x X+I K e i 4 NCY) W c6 N Q C Cx Xx ti a� x OC O Q cm o , �.xxXX o L _ )2 ' W LL .>- x X d p X c C a to cis y L a� E o 0 V '– ••x Z m Z = o N e Z > O! 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