Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
CC RESOLUTION 5053 RESOLUTION NO. 5053
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);
RESOLUTION No. 5053
Page 2 of 7
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
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);
1. 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 El Segundo City Hall, 350 Main
Street to receive public testimony and other evidence regarding the
applications including, without limitation, information provided to the Council
by City Staff, public testimony, and representatives of 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.
RESOLUTION No, 5053
Page 3 of 7
SECTION 2: Environmental Assessment. The City Council 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
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."
RESOLUTION No. 5053
Page 4 of 7
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
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 El 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.
1. The Addendum shows that a Statement of Overriding Considerations will
be required in order for the project to be approved.
RESOLUTION No. 5053
Page 5 of 7
;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.
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 0: 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.
RESOLUTION No. 5053
Page 6 of 7
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 EI 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,
SECTION 14: This Resolution is the City Council's final decision and will become effective
immediately upon adoption.
PASSED, APPROVED, AND ADOPTED RESOLUTION No. 5053 this 19th day of
September 2017.
uace Fuentes, Mayor
ATTEST:
I
Tracy Weaves City Clerk
APPROVED AS TO FORM:
ell
Marty
Hens e , Itiy�� torneyt
RESOLUTION No. 5053
Page 7 of 7
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5053 was duly passed, approved and adopted by said City Council at a
regular meeting held on the 19th day of September, 2017, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Pro Tern Boyles, Council Member Dugan, Council Member Brann,
and Council Member Pirsztuk
NOES: None
ABSENT: Mayor Fuentes
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of October,
2017.
TracyWeaver, City Clerk
of the City of El Segundo,
California
EXHIBIT"A"TO RESOLUTION NO, 5053
11 �nfire Addendum is avabible ' r review in the
City Clare's Office r on flie City's welbsite at
tI ,,/`/ . lseg� ,i�T-i dc). ur /civic° lt�bi°uiU gk)lobdi�o dI aspx B'I oVblD="IE4E'
r'
l
d!
Environmental Assessment No. -1185
Case Nos. DA47-01; T -17-02
State Clearinghouse No. 2003121037
Prepared For:
f i 4
1`
P
III
Planning and Building Safety Department
350 Main Street
El Segundo, CA 90245
August 2017
6
EcoTierra
n
6
EXHIBIT"B" TO RESOLUTION NO._ga53
APPENDIX D
MITIGATION MEASURES FROM THE CERTIFIED EIR
The mitigation measures listed below were identified in the Certified EIR as applicable to the Plaza EI
Segundo Development and, except as indicated, would continue to be applicable to the 2017 Revised
Project.
Aesthetics
B-3. 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-4. Lighting must be designed to minimize off-site glare.
Air Quality
C-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-14. All paved roads,parking and staging areas must be watered at least once every two hours of active
operations.
C-15. Site access points must be swept/washed within thirty minutes of visible dirt deposition.
C-16. On-site stockpiles of debris,dirt or rusty material must be covered or watered at least twice daily.
C-17. All haul trucks hauling soil, sand, and other loose materials must either be covered or maintain
two feet of freeboard.
C-18. All haul trucks must have a capacity of no less than twelve and three-quarter(12.75)cubic yards.
C-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-20. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph.
C-21. Traffic speeds on unpaved roads must be limited to 15 miles per hour.
C-22. Operations on any unpaved surfaces must be suspended during first and second stage smog
alerts.
C-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
manufacturers 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.
L Use electricity from power poles rather than temporary diesel- or gasoline-powered
generators.
j. 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.
Biological Resources
D-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.
The following mitigation measure D-6 was included in the Certified EIR for the Plaza EI Segundo
Development, but is not applicable to the 2017 Revised Project because no potential burrowing owl
habitat is located within the 2017 Revised Project site (see discussion under Biological Resources in the
Addendum).
D-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 owl is 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 owl. 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.
The following mitigation measure D-7 was included in the Certified EIR for the Plaza EI Segundo
Development, but is no longer applicable to the 2017 Revised Project because the potential wetland area
was located within the Phase 1A site of the 2017 Revised Project and was fully addressed during the
construction of Phase 1A.
D-7. Prior to issuance of building permits,evidence must be provided to the City of EI Segundo that all
necessary approvals for any wetland dredge/fill 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 approval by LARWQCB 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; and
• Compliance with best management practices during construction.
Cultural Resources
N-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.
Geology and Soils
E-3,. All soil disturbance and travel on unpaved surfaces must be suspended if winds exceed 25 miles
per hour.
Hazardous Materials
The following mitigation measures G-5 and G-6 were included in the Certified EIR for the Plaza EI Segundo
Development, but are not applicable to the 2017 Revised Project because the remedial investigations on
the Phase 1A and Phase 1B sites have been completed.
G-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 in conjunction with 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-6. Remediation of shallow soil of the Plaza EI Segundo Development 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 the issuance
of grading permits for construction of the proposed Plaza EI Segundo Development. The project
applicant must provide to the City copies of any materials received from the LARWQCB or any
other regulatory agency.
Hydrology and Water Quality
The following mitigation measures F-7 through F-11 were included in the Certified EIR for the Plaza EI
Segundo Development, but are not applicable to the 2017 Revised Project because the Plaza EI Segundo
Development site has been developed and required drainage infrastructure has been installed.
F-7. The applicant must prepare a hydrology study for the Plaza EI Segundo site. The study must be
reviewed and approved by the City of EI Segundo and any other applicable agencies.
F-8. The applicant must prepare a runoff study for the Plaza EI 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 any other applicable agencies.
F-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 EI Segundo and the
Los Angeles County Department of Public Works.
F-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-11. The proposed Plaza EI Segundo Development must comply with the City of EI Segundo Ordinance
No. 1347 and No. 1348,which establishes storm water and urban pollution controls.
F-12. The Project owner/developer of a specific development on the Project site must maintain all
structural or treatment control BMPs for the life of the Plaza EI Segundo Development.
Noise
The following mitigation measures 1-2 through 1-5 were included in the Certified EIR for the Plaza EI
Segundo Development,but are not applicable to the 2017 Revised Project because the construction noise
impacts of the 2017 Revised Project were calculated to be less than significant(see discussion under Noise
in the Addendum).
1-2 Construction contracts must specify that all construction equipment must be equipped with
mufflers and other applicable noise attenuation devices.
1-3 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.
1-4 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.
1-5 Temporary plywood noise barriers must be constructed along the property lines of the 4.5 net
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-site (a minimum of 8 feet above existing grade) between the
Plaza EI Segundo site and receptor property locations to the southwest, north,and east.
Public Services
Fire Protection
K.1-6. 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.1-7. A fire life safety plan,which must include definitive plans and specifications, must be submitted
to the ESFD for review and approval prior to commencement of construction of any portion of the
proposed development.
K.1-8. The applicant must provide fire access roadways to and throughout the property and submit a
layout plan to the ESFD for approval.
K.1-9. The applicant must provide water flow and on-site fire hydrants as required by the ESFD.
K.1-10. The following installations require separate Fire Department approval. The applicant must submit
separate plans for Fire Department review:
W Automatic fire sprinklers;
0 Fire alarm system;
e Underground fire service mains;
• Fire pumps;
Q Emergency generators;and
• Any aboveground or underground storage tank including elevator sumps and
condensation tanks.
Police Protection
K.2-3. 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.2-4. 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 item:
• Depending upon the size of the structure and its location in relation to the streets, the
size of the displayed address may vary from a minimum of 4"to as much as 24".
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 must be provided to enhance
security.
• Provisions for on-site security personnel.
Transportation and Traffic
The following mitigation measures L-13 through L-16 were included in the Certified EIR for the Plaza EI
Segundo Development, but are no longer applicable to the 2017 Revised Project because these measures
were fully implemented during the construction of Phase 1A.
L-13 EI 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-14 EI Segundo Boulevard and Aviation Boulevard—Not required for Plaza EI Segundo Reduced Traffic
Generation Alternative
L-15 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-16 Rosecrans Avenue and Continental Way — Not required for Plaza EI Segundo Reduced Traffic
Generation Alternative.
The following mitigation measures L-17 through L-19 would continue to be applicable to the 2017 Revised
Project.
L-17 The project applicant must promote rideshare programs (bikes, rideshare matching, and transit
options) as required by the City of EI Segundo Transportation Demand Management Program
(TDM). In addition to the tradition 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 must be established and/or 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-18 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 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.
L-19 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.
Utilities
Sewer
M.1-11. The Sepulveda/Rosecrans Rezoning site must be annexed to Los Angeles County
Sanitation District No. 5.
M.1-12. 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.1-13. 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.1-14. The existing 15-inch sanitary sewer line must be removed and replaced with an 18-inch
line. Plans must identify the point of connection for the proposed ten-inch sanitary sewer
to the existing sanitary sewer main on Allied Way.
M.1-15. 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.1-16. 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.1-17. 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 project will connect to.
M.1-18 New businesses 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.
Water
M.2-11 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 El Segundo site. Connecting pipes
should be a minimum of ten inches.
M.2-12 Development on the proposed Plaza EI Segundo Site must include dual water connections
to allow for landscaping to be irrigated by reclaimed water.
M.2-13 Reclaimed water must be used as the water source to irrigate landscaped areas on the
Plaza EI Segundo Development.
M.2-14 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.2-15 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.2-16. Selection of drought-tolerant, low water consuming plant varieties must be used to
reduce irrigation water consumption.
M.2-17. Project applicants 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.
• Priorto 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.
Solid Waste
M.3-4. Where economically feasible, the proposed Plaza EI Segundo Development must
incorporate the use of recycled materials in building materials,furnishing operations and
building maintenance.
M.3-5. 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.3-6. 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.
Electricity
M.5-4 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.
0 Install thermal insulation in walls and ceilings that exceed requirements
established by the State of California Energy Conservation Standards.
0 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.5-5 All on-site electrical lines must be placed underground, except for high voltage
transmission lines located along Rosecrans Avenue.
M.5-6 Electrical transformers must be screened from view from the public right-of-way.
EXHIBIT"C"TO RESOLUTION NO. 5053
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 Plan 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 EI 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., "CEW), 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-
Environmental Impact Report (NDEIR") was prepared and circulated for
public review and comment between October 5, 2004 and November 19,
2004,
F The Planning and Building 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),
I 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
Building 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 18 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-
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 (C4) 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-
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 El 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 EI 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
O, 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
-4-
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 EI Segundo Reduced Traffic Generation Alternative, the
Plaza Ei 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 El Segundo Development site) and storm
water retention basin would remain the same as the proposed Plaza EI
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 EI 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 EI 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-
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 El 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 El Segundo would connect into the
existing water and sewer lines
W Parking for the Plaza El 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/Protect 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-
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
Budding Safety Department on January 7, 2005 (State Clearinghouse No
2003121037), is incorporated by reference;
E The City, acting as lead agency, has reviewed andedited 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 FEiR is an accurate and complete statement of the potential
environmental impacts resulting from the Protect 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-
K The FEIR also identified three cumulative environmental impacts that
cannot be mitigated.
i Solid waste impacts,
ii Population and housing impacts, and
ui 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 Budding 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-
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
EDTA is building "support and cooperation among the City of El Segundo
and its businesses and residential communities for the mutual benefits
derived from the maintenance and expansion of EI 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 ED1-1.2, long-run efforts for economic development
should focus on "diversification of El Se,gundo'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 larder 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 ED1-2 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 El
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 (ED1-2) in the General Plan
-9-
E Policies ED1-2 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 ED1-2.3 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 El 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-
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 El Segundo/Nash Station is located approximately 0 5
miles north (Policy LU4-4 4) which will help encourage transit ridership to
the project
M, 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 lines 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)
0 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)
-It-
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 7-12) 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 CIA 4, and Policy C7-1 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 CIA 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 forthe lane widening (Policy CIA 14).
W The Traffic Study for the proposed Sepulveda/Rosecrans Site Rezoning
and Plaza El Segundo Development was conducted in June 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 C2-1.3)
Z Future development on the Sepulveda/Rosecrans Rezoning Site would
incorporate sidewalks along project boundaries and any new roadways
(Policy C2-1 4)
-12-
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 C2-2 2) 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 C2-51) The
proposed project will provide sufficient on-site parking and loading (Policy
C3-2 1 and C1-3 2) as required by the EI Segundo Municipal Code
DD Parking would be provided on the SepulvedalRosecrans 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 OSI, Objective OS1-1, and
Objective OSI-3)
-13-
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 El 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)
II 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-motorized 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-
impacts (AQ5-12) related to the proposed Plaza EI Segundo
Development protect
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 protect 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 protect, 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 N1-
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-
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 project 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-
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 g This Resolution will remain effective until superseded by a subsequent
resolution
SECTION 10 According to the El Segundo Municipal Code, a copy of this Resolution
shall be marled 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 ANDIADOPTED this 1st day of March 2005.
Kelly McDow II, Mayor
-17-
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
(WNl . "g?
Cindy rtesen, City Clerk
APPROVED AS TO FORM
Mark D Hensley, City Attorney
P\Planning&Budding Safety\PROJECTS\626-650\EA-631\Council Agenda Packeffinal Approved Documents\EA-
631 reso cc RGA doc
-18-
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. & CD3-'3, .Zone Text Amendment No 04-1,
and Subdivision No 03-7 ("besting Tentative Tract No 051530), 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 protect 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 El R" (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 Project alternatives identified
in the Final EIR" (CEQA Guidelines § 15091(a)(3))
it. FINDINGS REGARDING THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE
PROJECT.
A. Potential Impacts Found to be Insmniflc°ant by the InItIal Shady.
The Initial Study identified the following environmental effects as not potentially
significant Accordingly, the City Council fords 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 EI Segundo Reduced Traffic Generation Alternative
Development project with respect to the areas listed below
1 Agricultural Resources
2 Mineral Resources
1
Imoacts
as Potentia,ilv Slanificant in the
B Did Not Exceed �gnific n e Thresholds in the D IRlnitlal Study But Which
Although the Initial Study identified the following environmental effects as
potentially significant, the City Council fonds 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 El 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
SepulvedalRosecrans 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 (1-105), 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 Dei 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
Segundo Project would not result in any significant shade/shadow
impacts
b) �llito ation
(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 fonds that the 1=EIR and the record of
proceedings do not identify or contain substantial evidence
identifying significant environmental effects of the
Sepulveda/RosecransSite Rezoning and Plaza El Segundo
Development project with respect to Aesthetics
2 Air duality
a) Facts/Effects
(1) C±biectionable 04ors 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 (C4) zoning and the proposed Plaza
Eel Segundo does not include any of these types of uses
(2) Pbiectionable 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) !2biectionable 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
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 EI Segundo
Development project with respect to Air Quality
3 Biological Reso Lq s
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 EI 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 El
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 Pian, 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) 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 FOR and the record of
proceedings do not identify or contain substantial evidence
4
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 Project is not anticipated to disturb any
human remains including those interred outside of formal
cemeteries No significant impacts are anticipated
b) MNation
(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) Findm
(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 Cultural Resources — Human
Remains
5 Ceolo v and Soil
a) Facts/Effects
(1) Earthauake 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 project site Alqu+st-Priolo
zones are fault surface rupture zones According to the City of EI
5
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) Landshdes 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 Seputveda/Rosecrans
and Plaza EI Segundo Project is not at risk of impacts from
landslides No impact is anticipated
(3) er)hc 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) Mitr do
(1) No mitigation measures are required to reduce impacts
below a level of signdicance 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 Geology and Soils
6 Hazards and Hazardous Materials
a) Facts/Effect
(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 EI 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 Sepulveda/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
(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 El Segundo
Development would not result in a safety hazard for people in the
project area No impact is anticipated
(4) ergencv Response Flan Development of the
Sepulveda/Rosecrans Rezoning Site would be required to
conform to all applicable City of El 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 EI
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) Wildland Fures 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 EI Segundo
Development
b) %boation
(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 Hazards and Hazardous Materials
7
7 Hydreloew and Water Quality
a) Facts/Effects
(1) Flooding (Housingl The Sepulveda/Rosecrans 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 major 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, Tsunami, 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) Miticaation
(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 Hydrology and Water Quality
8 Land Use
a) Facts/Effects
E1 Segundo General Plan—1992,Public Safety Element
8
(1) Divide Established Community The proposed
SepulvedalRosecrans Rezoning and Plaza Et 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) Habdat 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) 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 and Plaza El Segundo
Development with respect to land use
9 Noise
a) Facts/Effects
(1) Airport 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
(2) Private Amrstrro 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) IVlwt�0r2
(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 noise
10 Egolatwon, Hou"jn, and Emolo Ment
a) Facts/Effects
(1) Replacement Housinc 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) Reolacement H,ousmq 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) Mitdoation
(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 population and housing
10
11 Public Services
a) Facts/Effects
(1) Public Schools, The proposed Sepulveda/Rosecrans
Rezoning and Plaza EI 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 fobs 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 El
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 SepulvedalRosecrans
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 E1 Segundo
Development
(2) Libraries The City of El Segundo has one main library
located at 111 W Manposa 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) 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 FOR and the record of
proceedings do not identify or contain substantial evidence
identifying significant environmental effects of the
11
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 project
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) qption
(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) Findma
(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 recreation
13 Transoortatwon and Circulation
a) Facts/Effects
12
(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) Emergencv 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 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 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
(2) Solid Waste Regulations. 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) _Ktioation
(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. Impacts Identified as Potentially-§bnificant But Which Can Be Reduced to
Less-Than-Sininificant 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
Sepulveda/Rosecrans Site Rezonini
(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 trees
and vegetation would screen some public views of the project
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
(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 substantially 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 ambient 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
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 Seoundo Develooment
(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 v)sually 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 El 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 less than significant with the use of non-
reflective materials in the construction of the Plaza EI Segundo
Development
b) Subseouent Environmental Documentation
(1) No subsequent environmental documentation is required
C) l iti abon
Sepulveda/Rosecrans Site Rezoning
16
(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 El Seoundp
(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 FEIR
2 Aur Quality
a) f=acts/Effects
Dulveda/Rosecrans Site Rezonin
(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
Plaza El Secaundo
(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) Mst`gatioq
5ppulveda/Rosecrans Sate 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, PM10
Compliance with SCAQMD Rule 403, including but not limited to
the following
18
(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 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 sod, 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
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
I 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)
Plaza El Se u�, nndo
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 sod moisture content throughout all earth moving
activities (C-13)
20
(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
h Suspend use of all construction equipment operations
during second stage smog alerts Contact the SCAQMD at
(800) 242-4022 for daily forecasts
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) Fm_ dins
(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 Biolowcal Resources
a) FactslEffects
§epulveda/Rosecrans Site RezonNnq
(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
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 project-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 Wildlrfe 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 native
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 shrike,
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
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 species 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 identified 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 Secundo
(7) The analysis provided regarding potential jurisdictional
wetlands and sensitive species within the Plaza El 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
(S) 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 EI 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 junsdictional wetlands Construction
activities occurring within a wetland habitat, or loss of wetland
habitat could represent a substantial adverse effect on a riparian
24
habitat or sensitive natural community Thus, impacts on
wetlands resulting from potential future development of the
proposed Plaza Ei 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 EI
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 EI
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 project 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 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 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 pnor to the start of
construction activities for any proposed development within the
Sepulveda/Rosecrans Rezoning Site If jurisdictional wetlands
25
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
presencelabsence of sensitive species, This information must be
examined, at the time the development project is proposed, in light
of the Program 'BIR to determine whether a new lnitial 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 activittes 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) Mitioption
(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 shnke, burrowing owl
and Belding's savannah sparrow) must be conducted pnor 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) Ail 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
(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 EI 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
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 slgmficant environmental effects of the
Rosecrans/Sepulveda Site Rezoning ,and Plaza El 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, 0-6,
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 Qpploav and Soils
a) Facts/Effects
eDulveda/Rosecrans Site Rezoning,
(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 El Segundo does not contain any Alquist-Paolo 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
Additionally, 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
(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 El
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 sods 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
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 El Seoundo
(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 stabitity, subsidence, expansive sods, landform
alteration, building foundations, or grading Impacts of the
proposed Plaza EI Segundo Development would be less than
significant with respect to these tissues
(12) The City of EI 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
Seoulveda/Rosecrans Site Rezonino
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
• 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
eoulveda/Rosecrans Site Re oninaa
(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 EI Segundo
(3) All soil disturbance and travel on unpaved surfaces must
be suspended if winds exceed 25 miles per hour(E-3)
d) Findinq
(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 soils
(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 Hvdroloav and Water Quality
a) Facts/Effects
31
SeoulvedalRosecrans Site Rezoninq
(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 SW RCB 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
implemented, such as sandbag barriers, temporary desiltmg
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 El Secundo
(7) Runoff from the Plaza EI Segundo site would dram across
the Plaza EI 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 EI 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 El 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
(14) -. 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
compliance with the SUSMP requirements, the proposed
development on Plaza EI 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 El 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) MTtigat!on
Sep,,ulveda/Rosecrans Site Rezoning
(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 El
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 El 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 Pian
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
( ) The proposed Sepulveda/Rosecrans Site Rezoning and
Plaza EI Segundo Development must comply with City of El
Segundo Ordinance leo 1347 and Nor 1346, which establishes
storm water and urban pollution c-ontrols (F-5)
(6) The protect owner/developer of a specific development
(e g , Plaza El Segundo) on the Sepulveda/Rosecrans site must
maintain all structural or treatment control SM'Ps for the life of the
project (F-6)
t?l'aza El SegLino
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 cutter 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 roust be reviewed and
approved by the City of El 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 roust 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 Storni 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)
(1 Q) The applicant must design a conveyance and detainment
system to meet the City of El 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 roust
comply with City of El Segundo Ordinance No 1347' and No
1348, which establishes storm water and urban pollution controls
(F-11)
(12) The protect owner/developer must maintain all structural or
treatment control BMPs for the life of the Plaza El Segundo
Development (F-12)
d) Findin
(1) The City Council finds that the FEIR and the record of
proceedings do not identify or contain substantial evidence
35
identifying significant environmental effects of the
Rosecrans/Sepulveda Site Rezoning and Plaza EI 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 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)
6 Hazards and Hazardous Materials
a) Facts/Effects
Sepulveda/Rosecrans Site Rezonina.
(1) The parcels that comprise the proposed
Sepulveda/Rosecrans Rezoning Site are known to contain sal
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 nsks 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 EI Sp. uq recto
(3) Upon completion of interim remediation of the project site,
potential health risk impacts to individuals from site contamination
36
would be less than significant with respect to the proposed Plaza
El Segundo 'Development Implementation of additional measures
to address soil gas and groundwater contamination would not
affect the asks associated with construction and operation of the
proposed Plaza EI Segundo Development since the workers,
employees and patrons of the proposed Plaza El 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 EI 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) Subseouent Environmental Documentation
Seoulveda/Rosecrans Site Rezontna,
Subsequent environmental documentation must be prepared for
any proposed development project within the proposed
Sepulveda/Rosecrans Site Conditions related to soil 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 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 the appropriate regulatory agency(ies) for the contemplated
development, prior to the issuance of grading or building permits
37
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 surrey 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) Mitigation:
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 ll investigations) 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
Plaza El Secundo
(5) Remedial investigations, health risk assessments for the
contemplated development and final soils remedial action plans
for the Plaza El 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 protect activities
The project applicant must provide to the City copies of any
materials received from the LARW ICB or any other regulatory
agency (G-5)
(6) Remediation of shallow soil of the Plaza EI Segundo
Development portion of the project site roust be accomplished to
the standards for commercial development established and
agreed upon in conjunction with the LARWiCB 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 LARWt' CB or any
other regulatory agency (G-6)
d) Finding
(1) The City Council finds that the Fl IR 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
( ) 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 LandUse
a) Facts/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
lumberyard„ Air products facility„ and Rel 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
( ) The Sepulveda/Rosecrans Site Rezoning would be
consistent with the applicable adopted plans and policies,
including the El Segundo General Flan and SCAC's RCPC
Future development on the Sepulveda/Rosecrans Rezoning Site
would be consistent with both the General Plan and the RCPC
Therefore, no land use impacts are associated with the
Sepulveda/Rosecrans Site Rezoning
( ) Public comments on the Sepulveda/Rosecrans Site
Rezoning contend that the proposed project 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
(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 El 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
SepulvedalRosecrans 'Rezoning Site would not be anticipated to
adversely affect businesses presently located in downtown El
Segundo such that any potentially significant blight or decay, or
other significant physical environmental impacts would ensue as a
result of the project
Plaza El Se undo
(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
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 inforrnatmon regarding noise impacts to the
surrounding area during 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 El 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
land 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 jobs 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 El Segundo
(11) As indicated in Response to Comment No, 10-3 in the
FOR, the Draft Development Agreement for the proposed
Plaza EI Segundo Development establishes restrictions on
the size and types of uses allowed on the protect site. Since
the types of uses proposed for the project site would not be
available in downtown El 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 El 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
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) Subse uent Environmental Documentation
(1) No subsequent environmental documentation is required
C) Mitmation
Sepulveda/Rosecrans Site Rezonina
(1) Because no significant impacts related to land use have
been identified, no mitigation measures are required
Plaza El Secundo
(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 EI 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
$ Noise
a) Facts/Effects
Sepulveda/Rosecrans Site tezonin
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
( ) The Sepulveda/Rosecrans Site Rezoning would have the
potential to generate noise from day-to-day activities touring
project operation, it is anticipated that the primary sources of noise
occurring with the SepulvedalRosecrans 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 ricin-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 PI Seoundo
Operational Noise
(3) Noise increases associated with the Plaza El Segundo
Development traffic generation would not be perceptible along any
of the modeled roadways m the vicinity of the project„ where
sensitive receptors are located Therefore, impacts from traffic
associated with the Plaza El 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) Subsea uent Environmental Documentation.
SeoulvedalRosecrans Site Rezonincs
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)
43
C) Miticiahon
Sepulveda/Rosecrans Site Rezoninq
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 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
(3) During construction phases, the contractor must store and
maintain equkpment 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 El Segundo Development project which avoid or
substantially lessen the significant environmental effect as
identified in the FEIR
9 Pooulation. Housin+o. and Emotovment
a) Facts/Effects
Sepulveda/Rosecrans Site Rezonma
(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
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 jobs 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 El
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
jobs, 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 Se ug
(5) Operation of the proposed Plaza EI Segundo would
provide employment for approximately 952 persons The Plaza El
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 EI Segundo Development
would be consistent with SCAG projections for the City of El
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) Subseauent Environmental Documentation
(1) No subsequent environmental documentation is required
46
G) Mitioatron
aeoulveda/Rosecrans Site Rezonrnq
(1) As no significant impacts on population. housing and
employment associated with the proposed Sepulvedaf'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 El Se uq n o
( ) 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 contnbutron of the proposed
Sepulveda/Rosecrans Site Rezoning and Plaza EI Segundo to the
significant cumulative impact related to population growth and
housing demand
d) Frndin
(1) No significant impacts were identified and no mitigation
measures were required filo impact is anticipated to employment
or population growth as a result of implementing the
Rosecrans/Sepulveda Site Rezoning and Plaza 'El Segundo
Development
( ) The City Council finds that tate 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 El Segundo
Development with respect to population, housing„ and
employment
(3) Changes or alterations have been required in, or
incorporated into the RosecransfSepulveda Site Rezoning and
Plaza El Segundo Development project which avoid or
substantially lessen the significant environmental effect as
identified in the FEIR
10 Public Services—Fire Protection
a) Facts/Effect
Seoulveda/Ros crams Site Rezoning
47
(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 male 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 El Sequndo
(3) Because the full development permitted under the
proposed Sepulveda/Rosecrans Rezoning would not significantly
impact fire protections services, the proposed Plaza EI 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) agbseauent Environmental Documentation
(1) No subsequent environmental documentation is required
48
C) IV q atdon
Se ulveda/Rosecrans Site Rezonjo
Although impacts of the proposed Sepulveda/Rosecrans Site
Rezoning would be less than significant with respect to fire
protection facilities„ the City of El Segundo imposes the following
standard conditions of project approval to offset project impacts
(1) The applicant must pay the City of El Segundo a Fire
Service Mitigation Fee of 0 14 per gross square foot of budding
area prior to the issuance of a certificate of occupancy (K-1 1)
(2) 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 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 applicant 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,
Underground fire service mains,
Fire Pumps,
Emergency generators, and
Any aboveground or underground storage tank
including elevator sumps and condensation tanks
(K-1 5)
Plaza El Seoundo
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
(6) The applicant must pay the City of El 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
0 Automatic fire sprinklers,
0 Fire alarm system,
@ 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) Findinas
(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 fire services
(2) Changes or alterations have been required in, or
incorporated into the RosecranslSepulveda Site Rezoning and
Plaza EI Segundo Development project which avoid or
substantially lessen the significant environmental effect as
identified in the FEIR
11 Public Services -- Police Protection
a) Facts/Effects
50
Sieoulveda/Rosecrans Site Rezoning„
(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 El Seoundo
(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) 'Mliti aeon
Seoulveda/Rosecrans Site Rezonino
Although impacts of the proposed Sepulveda/Rosecrans Site
Rezoning 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
51
(1) The applicant must pay the City of EI Segundo a Police
Service Mitigation Fee of $0 11 per gross square foot of budding
area prior to the occupancy of each budding (K 2-1)
(2) 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"
• Budding entrances and exits must be limited in number and
located in a manner to increase security 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
shall be provided to enhance security
Provisions for on-site security personnel (K 2-2)
Plaza EI Se undo
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 El Segundo a Police
Service Mitigation Fee of $0 11 per gross square foot of building
area prior to the occupancy of each budding (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
• Budding 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, budding and parking lot lighting
must be provided to enhance security
• Provisions for on-site security personnel (K 24)
d) Findinas
(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 police protection
(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.
12 Transoortation and Traffic
a) Facts/Effects
Sepulveda/Rosecrans Site Rezoning
(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 EI
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 El Seaundo
(3) The proposed Plaza EI Segundo Development would
significantly impact a total of seven intersections during the a m
53
peak hour, p m peak hour or Saturday mid-day peak hour (or
combinations of the above)
(4) The proposed Plaza EI 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_Seegundo Development
b) Subseouent Environmental Documentation
(1) No subsequent environmental documentation is required
C) Mitication
Sepulveda/Rosecrans Site Rezoninq
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) Ed Seaundo Boulevard and Seoullveda Boulevard Convert
the existing eastbound right-turn only lane to a shared
throughlr+ght-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) El Seraundo Boulevard and Aviation Boulevard Not
required for Plaza EI Segundo Reduced Traffic Generation
Alternative
(3) Park Place and Nash Street Provide a new traffic signal
at this location Widen and restripe 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 Seoulveda 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 Tight-tum Fane and third left-tum 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
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 nght 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 Way Not required for
Plaza EI Segundo Reduced Traffic Generation Alternative
(7) Rosecrans Avenue and Douclas 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 ndeshare programs
(bikes, rideshare matching and transit options) as required by the
City of EI 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 taps to and from the site
dunng 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
signals timing based upon current conditions thereby increasing
capacity along major corridors ITS system enhancements are
55
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-Tres
(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 El Segundo and/or South Bay ITS
systems, and/or the Caltrans ITS system that singly or in
combination cause an increase of % in the capacity of the street
56
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 parking/egress 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 mayor 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 El
Segundo Boulevard by two percent, and the balance of the study
intersections by one percent (L-11)
Plaza El SeqAyido
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) El Seoundo 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
57
median to convert the westbound shared through left-turn lane to
a dedicated second left turn 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
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 crests
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
lT S 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 Bl Segundo
Boulevard and Sepulveda Boulevard during the p m peak hour
and Rosecrans Avenue and Aviation Boulevard for the Saturday
mid-day peak hour
( ) 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
(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 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)
13 Utilities - Sewer
a) Facts/Effects
Seriulveda/Rosecrans Site R+ezonina
(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
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 protect 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 Sequndo
(4) The analysis regarding sewer service and infrastructure
within the Plaza EI 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 El 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 EI 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) Subseouent Environmental Documentation
aeDulveda/Rosecrans Site Rezonino
61
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) Mutation
Seuulveda/Rosecrans 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 SeputvedatRosecrans 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
Planning and Building 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 Sec gn
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 El Segundo Municipal Code,
Title 12, Chapter I General Provisions, Policies and Procedures
(M-1 15)
(16) Prior to a budding 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 (CCTV) inspection of existing on-
site and adjacent off-site sewer mains must be conducted to
63
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) Findmps
(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 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 FOR
(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
Seoulveda/Rosecrans Site Rezonini
(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
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 EI 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 Se undo
(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 El Segundo
Development's estimated demands at the site Impacts to water
supply would therefore be less than signdicant
(6) As minimal water distribution infrastructure exists on the
Plaza El 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 EI 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 El 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 Rezoning Site and would be within the
parameters used to develop the water supply assessment for the
proposed Sepulveda/Rosecrans Site Rezoning
65
b) Subseouent Environmental Documentation
Sepulveda/Rosecrans Site Rezoninc
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) Nlitioation
Seoulveda/Rosecrans Site Rezoninq
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 lines 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 in 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
(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 EI
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
Plana El Seoundo
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 El 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
(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, Tale 10-Parks and Recreation, Chapter
2 Water Conservation in Landscaping and Resolution No 3806
Prior to a budding 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 (M 2-17)
d) Findmps
(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
SeDulveda/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 - --
salvaged at this rate Materials not recycled would be disposed of
at local landfills The amount of solid waste generated by the
construe ion 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 El Segundo
(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 EI 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 El 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) Subsequent Environmental documentation
(1) No subsequent environmental documentation is required
C) Miti atio ,
Seoulveda/Rosecrans Site Rezonino
69
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 EI 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 building 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 Segundo
(4) Where economically feasible, the proposed Plaza EI
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) Findinas
(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
(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 Utwlitses --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 Seoundo
(2) The estimated natural gas consumption by the Plaza El
Segundo is approximately 41,083 cf per day According to the
Southern California Gas Company, the demand for natural gas at
the Plaza El 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 El Segundo would be less than significant
b) Subseauent Environmental Documentation
(1) No subsequent environmental documentation is required
C) g abora
Seoulveda/Rosecrans Site Rezoninq
(1) As no significant natural gas service impacts have been
identified, no-mitigation measures are required
Plaza El Sudo
71
(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 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 natural gas service/supply
17 Utilities— Electricity
a) 'facts/effects
Sepuiveda)Rosecrans Site Rezoning
(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
Plaza- Segundo
(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) Subsecauent Environmental Documentation
(1) No subsequent environmental documentation is required
eoulveda/Rosecrans Site Rezoninq
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
(1) The applicant must consult with SCE during the design
process of the proposed Sepulveda/Rosecrans Site Rezoning
prosect regarding potential energy conservation measures for the
project Examples of such energy conservation measures include
• 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 high-
emissivity characteristics to reduce cooling loads Finish
interior walls with light-colored materials to reflect more
light and thus increase lighting efficiency(M 5-1)
(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 Seoundo
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
• 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) Flndincas
(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 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
Sepulveda/Rosecrans Site Rezonina
(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
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 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
to cultural resources that were not examined in the Program EIR
for the proposed Circulation Element Update
( ) 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 El Seoundo
(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 EI 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
currently undergoing sod charactenzation Therefore, the Plaza EI
Segundo Development would not impact any historic resources
and no mitigation measures are required
b) 5ubseouent Environmental Docs mentation.,
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) Mtrtion
Sepulveda/Rosecrans Site Rezoninc,
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 CI_QA Guidelines Section
15064 5(a)(2), is required to determine potential eligibility for the
California or National Historic 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 and measures
identified to reduce impacts to less than significant levels (N-2)
76
(3) In the event that archaeological or paleontological
resources are encountered during the course of gradang 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 El Seaundo
(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) Findinas
(1) The City Council finds that the FFIR 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 cultural resources
(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 FEIR
D. §19nificant Unavoidable Effects that Cannot Be Mitigated to a Level of
Irisi nificanco.
The City Council finds that in response to each adverse impact identified below,
changes or alterations have been required or incorporated in the Project, which lessen
the significant adverse environmental impact However, these impacts cannot be totally
avoided or reduced to a level of insignificance if the Project is implemented
1 Air Quality
a) Facts/Effects
Sepulveda/Rosecrans Site Rezoning
Construction Emissions
(1) Maximum daily emissions from a typical construction
project 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
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 enters pollutants CO, PM10, ROG, and NOx.
Thus, a significant impact related to these four criteria pollutants
would occur
Plaza El Se undo
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) Subsequent Environmental Documentation
(1) Prior to implementation of specific development protects,
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) Mrtiabon.
Seoulvede/Rosecraris Site Rezoninq
Construction Emissions
78
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 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 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
(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
f 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
available to reduce vehicle travel and related tad pipe exhaust
emissions associated with the proposed Sepulveda/Rosecrans
Site Rezoning
Plaza EI Sem
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
_uaitive Dust, PM'10
(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 pants 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 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
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
.1 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 tail pipe exhaust
emissions associated with the proposed Sepulveda/Rosecrans
Site Rezoning
d) Finding
Sepulveda/Rosecrans Site Rezoninq
(1) The City finds that incorporation of such changes or
alterations are within the responsibility and tunsdicbon of the City
The City finds that although the temporary construction related air
82
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 El 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
Seoulveda/Rosecrans ante 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
proposed Sepulveda/Rosecrans Rezoning Site would be
significant
Plaza EI Segundo
Construction Norse
(3) Ambient noise levels will not increase at the Oak Avenue
location as a result of construction noise sources from the Plaza
EI 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 El 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 Environmental Documentation
aepulveda/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) hAit�n
Sepulveda/Rosecrans Site Rezonrno
84
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 El Seoundo
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
property locations to the north and east of the Plaza EI Segundo
site (1-3)
(4) As stated in the City of El 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
Seoulveda/Rosecrans Site Rezonina!
(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 EI Seoundo
(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
Seculveda/Rosecrans Site Rezoning
(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/EI 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 trips in the southbound direction on
the San Diego Freeway between the 1-105 interchange and EI
86
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 EI 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 El 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 E1 Segundo
(4) The proposed Plaza EI Segundo Development would
significantly and unavoidably impact one intersection during p m
peak hour(Sepulveda Boulevard/El Segundo Boulevard)
(5) The proposed Plaza EI Segundo Development is
estimated to contribute approximately 162 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 DIC 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) Subsecuent Environmental Documentation
(1) No subsequent environmental documentation is required.
C) Mitigation
Seoulved /Rosecrans Site Rezonmq
(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
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 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-
13)
d) Finding
Sepulveda/Rosecrans Site RqK nmq
(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 El Seaundo
(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
0 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. lnslgniflcant 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
a) Sewer
b) Water
c) Natural Gas
d) Electricity
F. Cumulative Impacts Identified as Potentially Slqnificant But Which Did !ot
Exceed Signlfi'cance Thresholds In the Elft.
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
Seoulveda/Rosecrans Site Rezonin
(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 EI 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 protects,
therefore, conditions are anticipated to be better than stated in the
Draft EIR
90
Plaza El Se undo
(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) Subsequent Environmental Documentation
(1) No subsequent environmental documentation is required
C) Mit raar tion
Sepulveda/Rosecrans Site Rezoninia
(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" contnbution 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 El Seaundo
(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
Sepulveda/'Rosecrans Site I ezoninq
91
(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 Se undo
(2) Payment of the E1 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 FOR 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. §19niflicant unavoidable Cumulative Inrnpacts.
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 Sepulveda/Rosecrans 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 EI Segundo Development Reduced Traffic Generation
Alternative contribution to these impacts would be cumulatively considerable under
CEQA
1 F'ooulation, Housino, and EmoloyMent
a) Facts/Effects
Seoul'vedalRosecrans Site RezonNnq and Plaza El Se undo
(1) A review of the related projects listed in Table III-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 fobs 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 fob growth and housing construction, there will be a
significant cumulative impact on population growth and housing
demand
b) Mitgtation.
S„ eoulveda/Rosecrans Site Rezoninq
92
(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 EI Sergi
(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) Findinq
(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 Transportation and Traffic
a) Facts/Effects
Sjeoulveda/Rosecrans Site Rezonino
(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
Manhattan Beach Boulevard and Aviation Boulevard,
am 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 Se undo
(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 U4 B of the graft 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
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 (i 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) Finding
(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. Proiect 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 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
2 SeDulvedalRosecrans Site Rezoninq
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 contlnuation__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
b) Reduced Traffic Generation Nternative
(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 nghts-of-way, and stormwater
retention basin would remain the same as the proposed Sepulveda/Rosecrans 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 tnps during the p m peak hour, and
3,379 trips dunng the Saturday midday 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 BR) 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
The City Council adopts this alternative 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 it (Page I1-14) of the Final EIR while reducing the traffic impacts by a significant
amount (11 7% in the p m peak period and 8 8% of daily trips)
C) 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 Sepulveda/Rosecrans 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
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 El 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 El Secundo Develooment Site Only_
(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 El 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 El 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 El 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 EI Segundo Development for all other
impacts
-
(3) Findings
The City Council refects 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 El Seoundo
a) No Proiect Alternative
(1) Description
Under the Plaza El 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 El Segundo Development site No
new development is anticipated because there is no known interest in development of
the proposed Plaza EI 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 El
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 soil erosion 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 refects 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 mayor road improvements that would
provide significant overriding benefits to the community This alternative would not
100
provide for employment opportunities or generate significant focal 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 Allied Way within the Plaza El Segundo site) and storm water retention basin would
remain the same as the proposed Plaza EI 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 EI 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 EI 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 project 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 project-related utility
impacts would remain less than significant
Aesthetics, biological resources, geology and sods, 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
(3) Findings
The City Council adopts this alternative since it meets all of the
project objectives described in Chapter II (Page II-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 EI 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 foof industrial park within the proposed Plaza EI Segundo
Development site Roadway extensions through the proposed Plaza EI 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 EI 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 EI 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 El 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 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 to the same extent as the
102
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) Rezoninal of Plaza El Seoundo Develooment Site 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 Findinos ReqgLqing Alternatives
a) Reasonable Range of Alternatives
The City Council finds that that (a) the FEIR 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 El Segundo Development, and (b) the City Council evaluated the
comparative merits 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
S_e_oulveda Rosecrans Site Rezonino
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
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 EI 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
Plaza El Seoundo
The No Project Alternative would be environmentally superior to the
proposed Plaza El 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 EI Segundo Development,
although not to less than significant levels The Reduced Traffic Generation Alternative
would meet most of the objectives-of the proposed Plaza EI 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
HL GROWTH-INDUCIRREVERSIBLEING r�'NJIR� NI/I�IWTAN�E� �3P+�SE1 . ACTION' ANa SIGNIFICANTHE P
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 EI
Segundo Development Reduced Traffic Generation Alternative that
A Groww�th lnducii-glrTIpact
Sepulveda/Rosecrans Site Rezoning
The Sepulveda/Rosecrans Site Rezoning would foster economic growth by
adding new employees and customers to the Sepulveda/Rosecrans Rezoning Site, who could,
104
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 El 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 Eli 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 EI 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 EI 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 El 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 El
Segundo Development would not result in significant growth inducing impacts
B Sjianificant Irreversible Environmental Changes
Sepulveda/Rosecrans Site Rezonin
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
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 EI Sequndo
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 EI
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 EI Segundo Development Reduced Traffic Generation Alternative are acceptable when
balanced against the benefits of the Sepulveda/Rosecrans Site Rezoning and Plaza El 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
in 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
(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 jobs would be associated with the
Plaza E1 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
�) The development will Increase City revenues through the generation of taxes
that outweigh the City's cost of services
(k) The Plaza El 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 project 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
the 2004 Circulation Element Master Plan of Streets and improving the
circulation system in the southeast quadrant of the City
(r) The Sepulveda/Rosecrans Site Rezoning will include the widening of
Sepulveda Boulevard on the cast-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 EI Segundo
(v) Contribution of approximately $250,000 in traffic impact mitigation fees to
offset the impacts of the project 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 Findin
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
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 FEIR, 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\Planning&Budding SafetylPROJECTS1626-65MEA-631\Council Agenda PacketTinal Approved Documents\EA-
631 CEQA Resolution findings Exh A RTGA doc
109
EXHIBIT "D" TO RESOLUTION NO. 5053
EXHIBIT "F" TO REVISED AND RESTATED
DEVELOPMENT AGREEMENT
CONDITIONS OF APPROVAL
This page is
ent-DONOT DISCARD
w of your
20180013448
� woa � � `8850
IIIIIII�IIIIIIIVI�IIVIY�IYIIIIIVIIIVIVIIII�VIIIIIIIIIIINI�VI�II�NIIIIII�II
IIIIIIIIVIVIIIVIIIIIRIIllsnlllIIIAVIIIIIIIIIVIIILIIIYIIVIIIIVIIIIIIIII
Recorded/Filed in Official Records
Recorders Office, Los Angeles County,
California
01/04/18 AT 01:16PM
FEES: 0.00
TAXES: 0.00
OTBER: 0.00
PAID: 0.00
LEADSHEET
201801040920015
00014744913
imumiuii��miNWmm
01
i� 008828380
iuiCounter
(Upfront
nmiau� Scan)
xm
� u �
RECORDING REQUESTED BY
EL SEGUNDO CITY CLERK
WHEN RECORDED MAIL TO
CITY CLERK *20180013448*
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
RE: DA Dated 10-3-17 ORD#1556
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE
REVISED & RESTATED DEVELOPMENT AGREEMENT (AREA A)
i'l!�� 11 ki 1111 fl�, 11
Thursday, January 04, 2018 1 :16 PM
Item(s)
Fee Qty Total
Recorded Document Count = 1
20180013448
FREE RECORDING 1 $0.00
AB 1168 REDACTION FEE 1 MOO
Electronic Recording Fee 1 MOO
Micrographics Fee 1 $0.00
Days of Operation Fee 1 $0.00
Indexing 1 $0.00
ADDITIONAL PAGE FEE (REVS 78 $0.00
ADDITIONAL PAGE FEE (STAT 78 $0.00
ADDITIONAL PAGE FEE (IMPR 78 MOO
Subtotal $0.00
Total $0 . 00
Customer payment(s):
EXHIBIT"A" TO ORDINANCE NO. 1556
. N3 6
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
43
TABLE OF CONTENTS
1. Recitals.......................................................................................................................................1
2. l"rtrr°ttr_licet to this Arcerncrrt...........................................................................................1
3. Binding..Effect.................................................................
....................................................a...,,.4
_
3.1 Constructive Notice and Ace"oplLipcc,.......................................................................4
3.2 1e4,,hts to Assi n.......................................................................................................4
3.3 Liabilities Upon...Transfer.........................................................................................4
...."...................rr_...................................._ .. .....................
4. Developrlrcrrt of the 'rerpe•t ......................................................................................................4
m4.1 Permitted Uses........................................................................... ............................4
4.2 Limitations on Uses. ........ ...... ......... 5
4.2.1 Sales°l a (icraeratirt........ ...........................................................................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 Parkhj ....................................................................................................... 6
4.2.7 Morimnerit Sirw*n............................................................................................6
4.3 F)eve, w ...........................................................................................6
4.3.1 Tenant/Owner Use Space.................................... .....,, ......,...........,.,.,,....6
4.3.2 Limitations on Minimum Square Footave of Buildings and
S aase n1)' .............................
4.3.3 Transfer of Development Rights..................................................................6
4.4 13t,riILIi I 10,t411dmai•cls. .................................................................................................7
4.5 1 e ,� s. .1 . _ ...........LIre (;or�elitic N-k�; l
""
_.... rtt titrrrs Mrti. rticrr°r Meas.,
Dedications ..............................................................................................................7
4.6 Use of Easements.................................................................................................... 7
5. Vcstarr ;...srl"Qeve o 2 ncnt...1 i ts.................................................................................................7
__._
5.1 Mplicable 1�trlcs... ...................................................................................................7
5.2 l;ntitlerrient to Develop............................... ............................ ..........................7
5.3 SUbsemiew l.:nactincrlts ...........................................................................................8
5,4 l°trttrre ............. ,..,........,,,,.,,.,,...8
5.4.1 Minor Modifications tolIr.oieel....................................................................8
5.4.2 Modillcatioll ol'mll)rmefj.ecttt.._ le115........................................
5.4.3 Modifications Requiring Amendment to this Agreement............................8
5.5 Plan Review ..................... ,.,........ ......,.,.,.9
5.6 ml inn i caf:M..I ey n1ITol?"le pmt. ...................................................................................... 10
5.7 Term .................................................................................................................. 10
5.8 lssmime cel"BrrildiriQ Permits.................................................................................10
5.9 Satisfrrcticrri of M itit»aticrrr Measures and Conditions ............................................10
__..... _...__ . 11
.
5.10 Moratorium.................................................... .......................................................10
5.11 l'erlcarnr,trIcc 01"(;itv 1'latmirt artcl Btrild'im-, Safety Director Duties.................... 11
6, Devcl(Mer A�,recrncrits ............................... ............................................................................11
6.1 General.................................................................................................................. 11
6.2 Develooincntlrccs.................................................................. ....................,,,11
ii
6.3 Mmiii{coamce Ob|i .....................................-_ ............ -........
---.-_ l]
6/4of-Map(s) aiiL OtherPrOect ......-----..--_. ......--...... ]l
6.5 Sales and Use]�ax-_... ....................... .-._.........._-................... ..... -.....}l
6.6 Future Construction Activities........ --........... ._.._._......_.~...................l2
6.7 Park Place Extension ...............-----... ........................ .........~---... 12
6.7.1 Park Place Extension Requircmciit...... ..........-- .......... -_--............l2
6.7.2 Park Place Extension Funding............................................................]3
6.7.3 lrrcvncublcOffers to Dedicate ------------------_---l3
6.7.4 PumliD . ............................................................- ................... 14
6.7.5 6si1iog and Construction of
the Park Place Extension...--_...........-................... ............ - ..... 15
6.7.6Pudk Place Extension ofPark Place ---l5
6.7.7 (��ty /\ckn0vwled1�eW 'bifities mid Izeco[daiiom
_---------.--.-.---_-------.l5
6.8 ........ ... .........l5
7. .......................................................... .......................... ......16
7.1 ['xnnedited Processi g..... .............. -. ....... -...... ............ ......-..--.--.-- ... l6
7.2un� ---- ......
7.3 Processing During Third P:rtv Litigation......... _........-.-..........-.......... ....l6
@. tispeomioii ...........----........... ............... .......... ...... ......------- ....l6
g. Faith Compliance.........-- .......... -- .........._._~..._.......... l7
9] Review o[Co[Pp1i�aoce..............................................................-...................... 17
4.2 Good ..................................... -.-......-- ...... - ...........--. l7
9.3 Information to be Provided .........--................--_---. ........... 17
9/4 Notice of NOii-Conndiaulmo; Cnre ......._.. ....... ...-......... ....... l7
9.5Determination of�� [�Ql ........ - ...... -----_---_-~.. l7
4.6 Failure ofPeriodic Review......................... ...__ ......... .,............................ l8
10. !e ,De}ays---.------------_....._......._..~...-,.._---.---.. l@
l]. l}ufan] ................. ....... -........ .-......... ........... ............ ---_--_.-........ l8
ll.] Default ..... .................................... . ........ .-.----_-__....._...-.......... l8
11.2 Content ofNotice of Violation............ -................. ...... ......... ............. -- ]A
11.3Remedies for .......-........-..-_-------------------. 19
12. _-........................-------_-__.._........_..._.... 19
99
12.1 Mortg ge Not ......... ..........--......^..........,.~... ........._..... 14
12.2 lZeomst forNotiue to Mo ................................................ ...... ---- .... l4
12.3 Time to Cure.............................................---------- ........- lg
12/4 (.'VneRi,dits .................................----........ _.............. ...-.~............... ....20
12.5 13apkrUptcy........................-_- ........ .......-......... ...........'....... ........ - ....-.20
12.6Disaffirmation-..---.._..-._...........-.-..-.--.-_._._,-__,..',20
13. Certificate ............................................. ---- ...... _...._......._...........20
14. Adnmioislr�i1ixoo[/\u-ecineli1.....................-....... ...... --- ........ ~^^~'~^^^^~^~'^`^^~'''2]
14.1 ADpeal of Staff Determinations...................._.............--..-- ........ --.2l
14.2 eruoruida........................................................-......_--- .......-_2]
14.3 Cert i fic.ate of Performance............................................ ....._........... ........... ...2l
15. Amendment orTcrozitxatioilhyMVtLWl ('0nSC0t...... - .......... ---_--.....-._...._..2}
iii
16. .....................,'............. ,---21
16.1 Indemnification.......................... -- ......... _.___..........~,..-....... ........._ 21
16.2 [)elciiscof .................—._..__..--...................,................_...... 22
17. Time of Essence .... —.—..........----__..-..-..,.........~.._.......... — ................ ....22
}@. ..... __........ __,,_^,,,~.,,.^ ......,—..— ........_— ......... ----------22
19. ��,,,,�.���������,,,,.�� —���������������,,.�����,,. 22
20. Eot��/es.��[ecc0cU(........................ ...... ........._..—__...._......_......... ......... ..................23
21. {�oniiti ..............................~..............................—~-- ...... — .......--...23
27. Waiver.....................................................---_----_.—.__._._-............ ......._....23
23. SeveraH[itv...... ...... -----------_--_—......._.. .........-...._............._...~. 23
24. Relaioouhii) of the ._...-.._........ ............... ........-----------. ...... —. 23
25. NoThird Part Beneficiaries...................--- ...... —_—.—..................._.....,...... .24
26. 1�ccp[(lati8m0f -------.—...-----.--------..?4
27. Botvvccu (��ynud ...................................................—_......_—__.24
28. Rules of Construction...... . ........... ...... ----_._._...^._._..............................24
29. Joint ....... —........... ._.~-.._........ ....... -..—_........ ------ ...... --.74
30. Governing Law and Venue~............ ................ --------------_----_—_.24
31. Att$mley9^ Fees....................... ---- ........ —__......... ........ .......................—.—.........24
32. .......... .... ........._..__.-._.......~...~.................... --.------ ...... —.24
33. Dates ............................... ......... —..... ......—..........~..... ................?4
34. Not uPublic Dedication..................— ...... _...-.........._.............—....—....~. .....25
iv
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. (itxd'ivi(otially and collectively referred to hereinafter as "Developer") as of this W" day
of 0 , 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. lZeciWs. 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 85.8 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.
u 4
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 IA 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 1A or Phase 1B 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.
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
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 August 24, 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 September 19, 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. 1556 (the
"Enabling Ordinance"), the City Council adopted Resolution No. 5053 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 1_11 oy tQ fti.i .A.gre��1lew. All of the Property shall be subject to this Agreement.
3
3. 1 indim-, L 41;ect;. 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 Accouince. 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 16,0its to Ass4oi. 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 1li.r apc�MITu,,"I„Jm (g:. Upon the delegation of the duties and obligations
..i.��. �t i� ...i.
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 parcel(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. Develop nerd of f till 11ror)er°ty. The following provisions shallgovern 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 1Jscs. 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
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
5
accessory use to the sale of automobiles, the sale of automobile accessories and automobile parts
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 I'a1°kinm,. 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 N101I1:11ne11t Si�41i. 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 3 5 feet in height. All copy on the
sign above 35 feet shall be restricted to identification of the shopping center itself.
4.3 I-)evcic pinciit Sti11ichii-,c[s. 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 Space. No single use within the Project shall
exceed 125,000 square feet of gross floor area in size.
4.3.2 Limitations on Min mum,Square Footage of,l�iiiIcIim_,s and Space—
I?lime 1 m 0 1y. A maximum of 75,000 square feet of the allowable building area in the Phase IA
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„Development I�i�l�ts. The Developer shall have the right
to transfer floor area between parcels that are created within Area A as a part of the Project
6
Approvals so long as no parcel exceeds a floor area ratio of 0.6:1. Such transfers of floor area
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 BUildiMI Staridat-ds. 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, w Exactions, Mitigation Measures Conditions„, Reservations and
l)sMdica(„i_ops. 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. Vestim, o6”Dcv(Jl )Uncut l i hts.
5.1 pplieabie 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 L'iititleineiit to Develon. The Developer is hereby granted the vested right
7
to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and
any future approvals applied for by the Developer and granted by the City for the Project or the
Property (the "Future Approvals").
5.3 S,,rbscoLIC11t 1,iiactnieaits. 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 Approvals.
5.4.1 Minor Modifications to Pmicct. 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 Proicct At.hz�oyals. 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 l caiiirijw Ainctidinem to tli:!.`�. t�oa:.nient. 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
8
in the C-4 Zone;
(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
9
Approvals or are otherwise specifically approved by this Agreement and shall have no authority
to disapprove or conditionally approve any features or matters which are consistent with or
otherwise have been specifically approved by the Agreement.
5.6 'I`iraaial ol'�. evelopa�ent. In 11ardce Coiislructioii C.o.,.....v.....C1,i.ty of(:''�ailldlrillo
(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 Bi6ldim 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 atlsl actlora of"lt9iti ' taora Mca501VS arad (.'oaadatiorIs. 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 Moratoriaisaa. The City shall not impose a moratorium on the Property
10
unless such is necessary to protect a significant threat to the health, safety and welfare of the City.
5.11 Peribrinaiiee of City 1�1aM7.!rr '.._,111(1:.m..D. I�ilciirll _Sal :. ire t�l.:._I .liic . 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. I)emyme1.o- er:...A cincilts.
6.1 (.epe,t;rl. 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 1)c%�elonnietit 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 1" aiii(emincc t)bl4,nrtioris. 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 Mop(s) and OthgL..Project 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
11
valued at five million dollars ($5,000,000,000) or more, Developer agrees to report, on a State
Board of Equalization Tax Return,any purchases of tangible personal property made in connection
with the finishing of and/or installation of materials, or fixtures for the Project, when such
purchases were made without sales or use tax due. Developer 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 Par
„„ P lace 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
12
u.
of being permitted to fully develop the Other C-4 Property,Park Place(a four-lane east-west street)
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
13
Comstock and Daniel Crosser.
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 1 B 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 1 WrW I li /l i� ���c it loo the Qes4oi, a+1cciLlisition and Construction of
the Park Place,Extension. The Parties agree to continue to work together to identify and seek to
14
secure funding and/or financing sources for the design, acquisition and construction of the Park
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 Acknowledgement of Transfer of Responsibilities and
Recordationof-R'S R 4 Deed of Trust. City acknowledves that the requirements of this Section 6.7
c 1� jtimalg to the 1611 Deed o .Trust liars beep 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 Tliird-Party A�,,r•eejnerits l�cstrictijw, Uses oto Prot . 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
15
Substances Control, the Public Utilities Commission, the Regional Water Quality Control Board
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. "it yah?!�-K 1.c1N g°eer e��1.s.
7.1 1",M)e.clitecl Proccssipg. 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 1?rrw cc; im gC ac l cr 4�tiop ai d 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 Dtiriiiv Tliird 1 ii—ty ij igLgi01i. 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/Suspension. Pursuant to Government Code Section 65869.5,in the event that
16
any state or federal law or regulation, enacted after the Effective Date (as defined in Section 18),
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. Demonstrationm of Good Faith Compliance.
9.1 review 01` COMD14111ce. 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 Oood Faifli Coinolktiic'c. 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 Informationm to„mbeITITProvidcL"l t.oa„ .I eve lop"c,' 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 Noxi-Cc nioliaice, Cure l ivdits. 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 Develooer's C'(.minharice. If the City Planning and
17
Building Safety Director determines that the Developer has demonstrated that it is in good faith
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. FActmibleQelays. 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 l.)CffiL►lt. 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.
18
If the City Council finds based upon the evidence that the Developer is in breach of this Agreement,
the City Council may modify or terminate this Agreement.
11.2 Content„mmof 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. Mort, 4ge ri„ rjpctioii. 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 Morwa c Not Rendered lrivalid. 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 Mort2a2ee. 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 ti' tlg „'s "1"inYe to Cray°. 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(30)days after the date of obtaining such possession to cure or,if such default
19
cannot reasonably be cured within such period, to commence to cure such default, provided that
such default is cured no later than one (1) year after Mortgagee obtains such possession.
12.4 (;m"mtjre l igLits. 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 Bankruotcv. 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. ;Sto
l i„IT( lmmta ilITegt:e. 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
14. Administration o6"
14.1 Alacnl c;rl`Stal°I;"Dctc°r waie:�tc, r 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 Operatinj Nlet Noranda. 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. A.mendrnent 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
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 DO'ciise ol'ALyeeln iI. 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. l�ticc.s. 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
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. Umirc At_,re nietit. 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-o,!' pp oy�il. 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. S yerability. 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. Rel itis zll l mill cls`„t]1c 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
25. No Third Part Bemieliciaric5. 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 Am:!'reeinemmt amid Aineimclinents. 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. °cac1l;eratiomm Between (.'ity w� c lie\/etom�em-. 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. IZmmlcs 01't.O11Stm°r.mctic_mm1. 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. Joipt I''re miratim..rn. 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. Govc:n,iimw, I z'iw m tid Vem�mmc. 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. :t.t.w;rm�cvm,' laces. 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. "Mintem'parts. 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
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 l'Liblic Deck atioti. 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: .......
ATTEST
lt
r
,,� ,.
(':.rf Clerk (. v..
APPROVED AS TO FORM:
By:_
1 Y Attorney
25
„
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
........ ..............
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of
............... before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s)"of SNgnr( ')
.........................................
who proved to me on the basis of satisfactory evidence to be the persor)(s) whose narmq(!§� Ware—
subscribed to the within instrument and acknowledged to me that-heJ;s),:I/lfiey executed the sau"ne in
for fhb'entty upon behalf which the persoand n,actd"d9 execruted the qi strUmekn t instrument the per on(s)„
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
PCATRICIAHARADA AU is true and correct.
A ggbl c -Caslorn a WITNESS my hand and official mseal,
Notary Pu
` r Los Angeles County Signature
Imty Comm.Vires May 23,2018 Sigtl Pure of t ,ot ry P« o
y 9
...-
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
t , ,
t: t��wu � " ,m
Tithe or Type of Documenf ;t ,D� ooq u•"m, en�t
..
Date:
,
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Si g
............................ ner's Name:.............
❑Corporate Officer — Title(s); ❑Corporate Officer — Title(s): _ ......
❑ Partner — ❑ Limited ❑General ❑Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing; Signer Is Representing: .............
©2014 National Notary Association www.NationalNotary.org • 0-US NOTARY(1-800-876-6827)
1-80 Item#5907
DEVELOPER:
PESP
PES PARTNERS, LLC, a Delaware limited liability
company
By: Street Retail, Inc., a Maryland corporation
Its: anagu
..............
ice-President
el" ey
Western Region
STREET
STREET RETAI I_ INC., a Maryland corporation
,'141!r4 Y Be'l. cs, Vice-President
Western Region
26
I
CALIFORNIA
' -
CERTIFICATE PURPOSE
L
I
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of ail l ' -. :.,�° }
On j)("'I ..) " before me, t� � , tj I
r
personally te , , -Pi
;r .
who proved o men the basis o satis
yfactory evidence to be the person(s). �g
whose
name(s) Is/are subscribed to the within instrument and acknowledged to me that
he/shetthey executed the same in his/her/their authorized capacity(ies), and that by
his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
STELA SANTtt,LAN
WITNESS my hand and official seal. Notary Public -California
Z Santa Clara County
�a Commission#2157788
m ( j y app" a.'t itify Comm.Expires Jul 10.2020
Notary Public'Signature (Notary Public Seal) "
a
OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL O 7Yats form complies wish current Cal#br is statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT !'fneeded,should be completed and attached to the document.Acknowledgments
from other stater may be completed for docwmenta being sent to shot state so long
as the wording roes not require the California notary to violate California notary
law.
(nide or description of attached document) « State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment,
* Date ofnntarixatiou roust be the date that the sig aer(s)personally appeared whieb
Mb or description of attached document continued) must also be the sanuc date three addtnoawledgment is completed.
e The notary public roust print his or her name as it appears within lois or her
Number of Pages Document Data commission followed by a coma and them your title(notary public).
. print the name(s) of document sign (s) who personally appear at the tithe of
notariaxmtiom.
CAPACITY CLAIMED BY THE SIGNER 0 Indicate the coorroret singular or p'lund frames by erasing off incorrect forms(i.e.
❑ Individual(s) ''sire is lava)or circling the comer fortes,'Failure to correctly indicate this
information may.lead to rejection of document recording,
❑ Corporate Officer o no notary seat impression must be clear and photographically reproducible,
Impression must not cover text or lines,if seal impression stuu 1ps,re-sraal if a
sufficient permits,otherwise complete a different acknowledgment forte.
I • Signattue of the notary public moist match sloe signature on Erle with sire office of
❑ Partner(s) the earattaty clerk,
❑ Attorney-in-Fact 0 Additional infoonnation is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a '. t document.
Other * Indicate title or type of attached document,number of pages and date,
❑ 0 Indicate the capacity claimed by the signer,If the claimed capacity is a
corporate officer,indicate the title I(i.e.CJ ft,CFCs,Secretary).
2015 Version www.NotaryClasses.com 800-673-9865 " Securely attacb this document to the signed document with a staple.
EXHIBIT A
LEGAL DESCRIPTIONS
The Plaza El Segundo Propertv—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 Propertv—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
EXHIBIT B
APPROVAL HISTORY AND RECORDING INFORMATION
RECORDED RECORDING APPROVING DOCUMENT RELATED ENTITLEMENTS
DOCUMENT INFORMATION
.......................................... - --
Original 05-0797875 Ordinance 1382 • DA 03-1
Development (4/6/2005) Resolution 4415 o 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 v DA Amendments only—
Amendment (10/2/2007) a Modifies allowed uses
o EA 763 - No CEQA Required
Second 20080507797 Ordinance 1417 s DA Amendments
Amendment (3/25/2008) Resolution 4542 o Amend property description by
increasing acreage
0 Increases allowed development
0 Modifies Allowed Uses
• $25,000 contribution downtown
sign program
o Park Place provisions
a ZTA 08-1
* EA 768-Addendum
................. .......,. ......... ........................,....
Third 20100414500 Ordinance 1430 w DA Amendments only
Amendment (3/26/2010) m Modifies allowed uses
• No CEQA Required
Fourth 20101433737 Ordinance 1446 9 DA Amendments
Amendment (10/7/2010) • Modifies allowed uses
o ZTA
e No CEQA Required
Fifth 20131572447 Ordinance 1481 + DA Amendments
Amendment (11/6/2013) Resolution 4838 Amend property description by
adding acreage
o Increases allowed development
o Modifies existing uses
O Smaller tenant standards applicable
to Phase 113 without limitation on size
e ZTA 12-04
o ADJ 13-03 (curb/driveway width; shared
loading space)
_................. ......I............. .....................................
28
• VAR 13-01 (retaining wall over 6 feet and
fill in excess of 6 feet)
w AUP 13-04(Master AUP for alcohol)
• EA -Addendum
................................. ........................ .
Sixth NOT RECORDED Ordinance 1499 (adopted 9 DA Amendments
Amendment 12/16/14) * Modifies allowed uses
• ZTA 14-02
Uses
• EA 1075—No CEQA Required
29
EXHIBIT C
ASSIGNMENT AND ASSUMPTION AGREEMENT
30
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").
(" g ").
........................................................
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 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. As ig "ii"'�rept. 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
2. Assitinntiop. 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. 11s11%ctive 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-cel`Proicct. 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
"ASSIGNEE"
a
Date: By:
Its:
33
11113 6
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
5436
EXHIBIT D
PARK PLACE SEGMENTS
............
WWMW' W AWW QYUW-44 akWW, AW SOMOV NaW RR PAW MAW SCa"rS
ROSEMAN$
a A"
mom wm 4
A*
por
AtLIEV OA
AL40
4k
$7mT
WAL
p
SEPULVEDA IYOULEVARD
123WOMW MOM V-OX AM
Emsm*EWA - to"a
J.�M �MUMA 4-90 AM
Enolmatring,inc. b"oku"mo
OJ4 AM E lagolAuLloo solwilloliuw 01144sl4i
35
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
EXHIBIT F
CONDITIONS
37
EXHIBIT "D" TO RESOLUTION NO. 5053
EXHIBIT"F"TO REVISED AND RESTATED
DEVELOPMENT AGREEMENT
CONDITIONS OF APPROVAL
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. "EIR" 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. "ESMC"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.
5436
H. "Phase 1A" refers to the portion of the Project Area located north of the Union Pacific
Railroad right-of-way.
I. "Phase 113" 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
Lit1....tim
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,
,) 43
f. Weather and vandal resistant covers on lighting fixtures.
S. 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 1111d 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
proj ect;
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
4, 3
1 6
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;
I. 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,
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.
1,81:ai18caninu .and lrri Aj!i n
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.
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 113, 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.
Suns
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;
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.
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;
k. Documentation that the on-site fire mains will be maintained;
1. Fire safety precautions during demolition and construction;
m. 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:
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;
o
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
'113 6
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
ComplianceNerification 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;
L 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;
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
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.
38. 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:
MAXIMUMTRIPS RMITTED A .......... PM Daily Salurday
Midday
Sepulveda/Rosecrans Site
Rezoning
1,033 2,346 ..........25,85.9.._ 3'379.............
. laza El Segundo.....o w .Development
..� mopment 779 1,477 16,645 2,205
Pro ....
sect
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:
0 The amount of restaurant and entertainment uses does not exceed twenty percent
(20%) of the total square footage;
0 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;
0 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 I 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 1A 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
J.
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.
.AREAr Sales Tax Generatingw.., ......_............._. .,,W. ..Non-. ...............
Uses Sales Tax Generating
_.._ .......................
Uses
-.
Phase IA—Plaza El Segundo 80 /° minimum 2 maximum
Phase 1 B The Pointmaximumam
..mm .._..... ...
65%minimum 35%
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
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
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 1B portion of
Sepulveda Boulevard or conversely an easement may be provided for the Phase 1A 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 SSMC.
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
V.
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,
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:
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
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;
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
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.
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 SSMC 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.
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
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.
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
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.
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 narrst include,without limitation, how the building wlaiela is the subject
of(lie hermit will be connected to the looped water distribution system. "l,"lac looped water
system 111rrst pr-Ovide water naairas 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 1B 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
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, el 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
(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).
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
employee and/or customer parking during those hours. The applicant may extend the loading
hours beyond 10:40 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 1B)
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
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
fly
Jet] icPresident
Western kcgilM
STREET
STREET RETAIL, INC., a Maryland corporation
Jeffrey SIIV e . Vrc� :-President A
Western I cg,oll
{If Corporation or similar entity, needs two officer signatures or evidence that one signature
binds the company)