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CC RESOLUTION 3917RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFMGAMITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA- 350 AND ADOPTION OF A MITIGATION MONITORING PROGRAM, APPROVING AN AMENDMENT TO PRECISE PLAN 12 -72, TO ALLOW A 3,550 SEAT MOVIE THEATER, CONVERSION OF AN OFFICE BUILDING TO RETAIL /OFFICE, AND JOINT USE PARKING AT 2041 E ROSECRANS AVENUE AND 831, 870 & 871 S. NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, an application has been received from Continental Development Corporation, requesting approval of an Environmental Assessment and an Amendment to a Precise Plan to allow the development of a 18 screen, 3,550 seat movie theater complex and the conversion of an office building to retail/ office use on 6.03 acres located at 2041 E. Rosecrans and 831, 870 & 871 S. Nash Street in the Urban Mixed -Use (MU) Zone; and WHEREAS, an Environmental Assessment (EA -350), including a Draft Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law; and WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and WHEREAS, a Traffic Impact Study was conducted to evaluate all transportation, circulation, and parking impacts associated with the project and submitted with the application; and WHEREAS, an Air Quality Assessment was conducted to estimate the air pollution emissions which will be generated by the project to evaluate any potential air quality impacts associated with the construction and operation of the facility and submitted with the application; and WHEREAS, a Fiscal Impact Analysis to evaluate the project costs versus project revenues and the project's impact on City services was conducted and submitted by the applicant; and WHEREAS, an Asbestos Report was submitted which examined potential asbestos impacts in the 831 S. Nash Street building which will be demolished; and •WHEREAS, on April 6, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72; and WHEREAS, on May 2, 1995 the City Council did hold, pursuant to law, duly- advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72; and WHEREAS, at said hearing the following facts were established: 1. The applicant is proposing to construct a new 65,000 square foot movie theater with 18 screens and 3,550 seats on a lot which currently has a 72,500 square foot office building at 871 S. Nash Street. A 340 space parking structure on this lot shall remain. 1 2. The three-story 2041 E. Rosecrans Avenue office building containing approximately 83,000 square feet of office space will be renovated and converted into a 80,000 net square foot retail and office building. Approximately 29,000 square feet on the ground floor is • designated as retail and 51,000 square feet on the second and third floor will be retail and /or office. An exterior surface parking lot adjacent to the building will be retained. The proposed theaters and retail /office building are located on a 3.5 acre lot. 3. The 831 S. Nash Street property is located on 2.7 acres which includes a 7,401 square foot access easement for the adjacent theater parcel. The site is improved with a vacant two - story office building containing approximately 105,000 square feet with two levels of parking above. The building is proposed to be demolished and a new 190 space surface parking lot will be built in its place. 4. The two parcels of land will be reconfigured through a Lot Line Adjustment, which will also eliminate the access easement between the 831 S. Nash Street and 871 Nash S. Street buildings. The resulting FAR for the proposed project on the new lot is 0.56. 5. The nine -level parking structure containing approximately 1,688 parking spaces, located at 870 S. Nash Street, will be connected to the plaza area between the retail /office and theater buildings by an approximately 25 foot wide crosswalk with a pedestrian activated signal across Nash Street at a position north of the northern most exit driveway of the parking structure at 870 S. Nash Street and the driveway immediately north of the parking structure. This parking structure serves an office building during the day and will provide joint parking for the theater and retail /office during evening, weekend, and holiday hours. 6. The area surrounding the project site is highly urbanized. Land uses are comprised of medium -scale (e.g. three to seven - story) office, commercial and industrial uses. A five -story office building, nine -level parking structure and a three -story office building are located within Continental Park immediately to the east of the site along Nash Street. An industrial air processing plant, Air Products Inc., is located to the west of the site. Immediately to the north is an Atchison, Topeka & Santa Fe railroad right -of -way with tracks leading to the Chevron Oil Refinery about 1/3 of a mile to the west. Beyond the railroad tracks is vacant land zoned for heavy industrial purposes. The Manhattan Marketplace Retail Complex and a five -story office building housing a credit union are located to the south across Rosecrans Avenue. Beyond the credit union building is the Radisson Hotel with golf and tennis facilities. To the south -west of the project across Rosecrans Avenue lies the Manhattan Village Shopping Center. Within Manhattan Village is a 6 screen Mann Theaters with 1200 seats. There are no residential uses located in the immediate project vicinity. The nearest residential uses are approximately 1,000 feet south of the project, adjacent to the Radisson Hotel golf course. Topographically, the project vicinity is generally level to rolling terrain and is currently developed except for north of the property. Landscaping within the project locale is associated with the developed commercial and office properties. 7. The existing buildings, uses and development standards were approved under a Precise Plan (PP -12) in 1972. The precise plan was amended twice to account for changing uses of the property. Precise Plan 73 -3 increased floor area and altered the design of the parking facilities. A required deceleration lane on Rosecrans Avenue was eliminated as part of Precise Plan 74 -10 to accommodate a new drive -thru teller for a now vacated bank in the 2041 E. Rosecrans Avenue building. Approval of a Precise Plan requires findings that the Precise Plan is consistent with the General Plan. 8. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental and affected agency review. No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts to traffic /circulation, risk of upset, air quality and public services. 9. The Fiscal Impact Analysis, utilizing the City's Fiscal Impact Model, indicates that the project will generate a fiscal surplus for the City of between $636,300 to $1,067,200 during . its first five years of operation depending on the mix of office and retail in the 2041 E. Rosecrans Avenue building, after consideration of City service costs. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: AFTER CONSIDERING THE ABOVE FACTS, TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, AND STUDY OF PROPOSED ENVIRONMENTAL ASSESSMENT EA- 350 AND AMENDMENT TO PRECISE PLAN 12 -72, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS FOR THE PROPOSED PROJECT AND AMENDMENT TO PRECISE PLAN 12 -72: ENVIRONMENTAL ASSESSMENT FINDINGS The City Council hereby makes the following findings related to the environmental effects: 1. The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that although the proposed project could have a significant effect on the environment, the adoption of mitigation measures would reduce these effects and impacts to a less than significant level. The potentially significant effects identified in the Initial Study were increased demand for public services, vehicular /pedestrian conflicts on Nash Street, a reduced Level of Service (LOS) at the intersection of Rosecrans Avenue and Aviation Boulevard, increased parking demand, exposure to asbestos during the demolition of the 831 S. Nash Street building, potential discovery of previously unknown cutlural resources, and construction related fugitive dust emissions. The impacts on public services is were reduced to a level of insignificance by the mitigation measures set forth in Conditions 1, 2, 3, 4, 7, and 8 of Section 3 of this Resolution. The impacts on vehicular /pedestrian conflicts were reduced to a level of insignificance by the mitigation measures set forth in Conditions 11, 12, 13, 14, 15, and 16 of Section 3 of this Resolution. The impacts on the Level of Service at the intersection of Rosecrans Avenue and Aviation Boulevard were reduced to a level of insignificance by a prior land dedication by the applicant which will enable the intersection to be widened and the Level of Service improved. Therefore, no further mitigation measures for this effect are required. The impacts of parking demand were reduced to a level of insignificance by the mitigation measures set forth in Conditions 5 and 28 of Section 3 of this Resolution. The potential impacts from exposure to asbestos during demolition were reduced to a level of insignificance by mitigation measures set forth in Condition 25 of Section 3 of this Resolution. The impacts of the potential discovery of previously unknown cutlural resources were reduced to a level of insignificance by the mitigation measures set forth in Condition 26 of Section 3 of this Resolution. The effect of construction related fugitive dust emissions were reduced to a level of insignificance by the mitigation measures set forth in Condition 30 of Section 3 of this Resolution. The Initial Study recommended that a Mitigated Negative Declaration of Environmental Impact be prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, 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; and 3. That the City Council thereby authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. GENERAL PLAN CONSISTENCY FINDINGS The City Council hereby finds that the proposed project and Amendment to Precise Plan 12 -72 are consistent with the General Plan based on the following: C 1. That the proposed project is in accord with the purposes of the zone in which the site is located. The proposed project is consistent with the intent of the Urban Mixed Use (MU) Zone which allows a broad mix of retail, office, theaters and other commercial uses which serve a broad cross - section of the City and surrounding area. The proposed project includes retail, offices, and theaters, which are allowed by right in the MU Zone. 2. That the proposed use is consistent with the following General Plan Economic Development objectives and policies: ED 1 -1.1, ED 1 -1.2, ED 1 -2, ED 1 -2.1, ED 1 -2.2, and ED 1 -2.3, which relate to prioritizing economic development, diversification of an economic base, expanding the retail and commercial base, targeting industries that balance economic development and quality of life goals, and balancing development with resource and infrastructure capacity. 3. That the proposed use is consistent with the following General Plan Land Use Goals, Policies and Objectives: LU 1 -5.5, LU 4, LU 4 -1.1, LU 4 -1.2, LU 4 -1.4, LU 4 -3.1, LU 4 -3.6, LU 4 -4, LU 4 -4.3, LU 4 -4.6, LU 4 -4.7, LU 4.5, LU 7 -1.2 and LU 7 -2.3. These issues relate to beautifying the City entrances, providing a stable tax base, providing landscaping, insuring seismic safety, encouraging ground floor retail use in a mixed -use environment, providing synergistic relationships with mixed uses and ensuring a mix of uses in the Urban Mixed - Use area, encouraging alternative transportation modes, providing good accessibility to transportation routes, and requiring adequate public facilities and underground utilities. 4. The proposed use is consistent with the following General Plan Goals, Policies and Objectives related to circulation: C 1 -1.13, C 1 -1.17, C 1 -2.1, C 1 -3.2, C 2 -1.6, C 2 -2.2, C 2- 3.3, C 2 -5.1, C 3 -1, C 3 -1.1, C 3 -1.2, C 3 -1.5, C 3 -1.7, and C 4 -1.2. These policies identify the need for full examination of project traffic impacts and complete mitigation, signal synchronization, a hierarchy and street classification system correlated to capacity and function, incorporation of off - street loading facilities, facilities designed for easy pedestrian access, bicycle facilities, pedestrian linkage to the Green Line, implementation of TDM standards, evaluation of circulation system impacts, full mitigation of all project- related circulation impacts, integration of transportation with land uses and surrounding environments, requiring developers to pay for mitigation measures, adequate pedestrian and bicycle access, and evaluation of project impacts on CMP routes. 5. The proposed use is consistent with the following General Plan Goals, Policies and Objectives related to air quality: AQ 7 -1.1, AQ 10 -1.3, and AQ 12 -1.2, which relate to requiring conformance with the SCAQMD PM10 standards, improved traffic flow through signal synchronization, and encouraging energy conservation features in the design of new projects. SECTION 2: THE CITY COUNCIL HEREBY APPROVES AND ADOPTS THE FOLLOWING AMENDMENTS TO PRECISE PLAN 12 -72 SUBJECT TO THE CONDITIONS SET FORTH IN SECTION 3 OF THIS RESOLUTION: 1. Theaters are a permitted use under Precise Plan 12 -72 2. The development standards for Precise Plan 12 -72 are those set forth in the plans for the proposed project, dated March 30, 1995, including any revisions to said plans pursuant to Condition 1 of Section 3 of this Resolution. In particular, the minimum setback for the theater building on Nash Street is 15 -17 feet and the design of the existing facilities and the placement of essential facilities such as parking, traffic circulation and loading are as set forth in said plans and pursuant to Condition 11 of Section 3 of this Resolution. 3. The required parking for the Precise Plan includes the joint use of the parking structure located at 870 S. Nash Street as set forth in Condition 5 of Section 3 of this Resolution. SECTION 3: THE CITY COUNCIL HEREBY APPROVES ENVIRONMENTAL ASSESSMENT EA -350, AND ADOPTS AND CERTIFIES A MITIGATED NEGATIVE DECLARATION OF THE PROPOSED PROJECT SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: 1. Prior to approval of the building plans, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety. Any subsequent modification to the project 19 as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification. 02. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time library services mitigation fee of $0.03 per gross square foot of building floor area for each building. 3. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0.14 per gross square foot of building floor area for each building. 4. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0.11 per gross square foot of building floor area for each building. 5. The applicant shall submit to the Department of Planning and Building Safety a Covenant and Agreement for the Maintenance and Location of Off -Site Parking which states how 1,414 parking spaces are required and that 844 spaces in the 870 S. Nash Street parking structure will be located off -site. The Covenant shall also stipulate that the joint use parking in 870 S. Nash Street shall be available to the theaters and retail /office building at 2041 E. Rosecrans only on weekends, evenings, and holidays. The Covenant and • Agreement for the Maintenance and Location of Off -Site Parking shall be recorded prior to the issuance of a Certificate of Occupancy. 6. The Applicant shall submit a Lot Line Adjustment to the Department of Planning and Building Safety to reconfigure the two lots on the west side of Nash Street. The Lot Line Adjustment must be recorded prior to approval of the building plans for the theater building. 7. Prior to approval of the building plans, the applicant shall submit a Security Plan, including a complete exterior lighting plan, to the Police Department for review and approval. The plan shall be in substantial conformance with the Security Plan agreed to by the Police Department and the applicant as detailed in a letter dated April 5, 1995. The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate. 8. Prior to approval of the building plans, the applicant shall submit a Fire /Life Safety Plan to the Fire Inspection Division of the Department of Planning and Building Safety which includes, but is not limited to the following: A. Fire lane access; • B. A fire control room on the grade level with access from the street or fire lane; C. A Fire/Life safety system with emergency power; D. A voice activation system; and E. A five year state certification for the fire sprinkler system. All Fire /Life Safety Plan requirements must be installed and operational prior to issuance of a Certificate of Occupancy. 9. A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Planning and Building Safety and Director of Recreation and Parks prior to approval of the building plans. All landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner. The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan. The Plan shall be reviewed and approved by the Director of Planning and Building Safety and Director of Recreation and Parks and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy. 5 10. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area and the aesthetic objectives of the General Plan, as well as to ensure that signs do not impede traffic or pedestrian safety. The Master Sign Plan shall include off -site directional signs for the purpose of directing traffic to the 870 S. Nash Street parking structure via Apollo Street and the parking lot at the north end of the project site via Nash Street and Park Place. The Master Sign Plan shall be subject to the approval of the Director of Planning and Building Safety and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy. 11. The applicant shall submit a Circulation Plan, prior to approval of the building plans, to be reviewed and approved by the Director of Public Works and the City of Manhattan Beach where required, which contains, but is not limited to, the following provisions and is in substantial compliance with the Traffic Circulation Plan, dated April 18, 1995, on file in the Planning Division: A. The applicant shall widen the north side of Rosecrans Avenue, west of Nash Street to provide dual left -turn lanes on eastbound Rosecrans Avenue; B. The existing right -turn only exit driveway on the west side of 2041 E. Rosecrans Avenue building shall be converted to two -way operation; C. Westbound Rosecrans Avenue shall be widened in front of the 2041 E. Rosecrans . Avenue building to provide a separate right -turn lane to the driveway west of the 2041 E. Rosecrans Avenue building; D. A "shadowed" left -turn lane on eastbound Rosecrans Avenue shall be provided to access the converted two -way driveway west of 2041 E. Rosecrans Avenue; E. Westbound Rosecrans Avenue east of Nash Street shall be widened to provide a separate right -turn lane to Nash Street; F. The east side of Nash Street just north of the intersection of Rosecrans Avenue shall be widened to accommodate traffic from the dual left -turn lanes on Rosecrans Avenue; G. Any future valet parking drop -off lane on the east side of Nash Street adjacent to 2101 Rosecrans Avenue shall be separated from north bound traffic by a five foot wide island. The valet drop -off zone shall be configured so that the face of the curb for the new island angles back toward the face of the curb at the southern end of Nash Street at the intersection. A different pavement treatment than used on Nash Street shallbe used for the valet drop -off zone to differentiate the two traffic areas. A continuous sidewalk on the east side of the valet zone shall be provided. If any . part of the valet drop -off island is located in the public right -of -way, the applicant shall enter into an agreement with the City to bear all liabilities (hold the City harmless) resulting from the operation of the valet drop -off zone; H. Provide an approximately 25 foot wide pedestrian crosswalk on Nash Street located between the northern most exit driveway of the parking structure at 870 S. Nash Street and the driveway immediately north of the parking structure. I. Install a pedestrian activated traffic signal at the new Nash Street crosswalk with interconnection to the existing traffic signal at Rosecrans Avenue and Nash Street. The two signals shall be synchronized so as to clear northbound traffic through the portion of Nash Street south of the proposed crosswalk. The applicant shall fund the maintenance of the signal and shall enter into an agreement with the City for this purpose. J. The existing circular planter island at the Nash Street and Park Place intersection shall be removed and the intersection reconfigured to provide access to the new proposed driveway at the north end of Nash Street and to provide a smooth stop controlled transition between Nash Street and Park Place. K. The driveway between the theater and the retail /office building shall be no less than 34 feet in width. 0 0 L. The driveway between the 2041 Rosecrans building and proposed theaters shall be designated for eastbound traffic as right turn only at Nash Street during peak hours, as determined by the City. All required Circulation Plan elements shall be installed prior to issuance of a Certificate of Occupancy. 12. The applicant shall obtain all necessary permits from the City of Manhattan Beach for the construction of the traffic improvements located within the City of Manhattan Beach. All roadway improvements in the City of Manhattan Beach shall be completed prior to the issuance of a Certificate of Occupancy. 13. The applicant will be required to prepare and submit a formal status report to the City's Traffic Committee which details all operational characteristics of the project and surrounding Continental Park development, related to traffic generation, distribution, and circulation, which impacts the project. A status report shall be submitted by the applicant 6 months and 1 year after opening the theaters. The traffic and pedestrian levels and their impacts on the operation of the City streets may be reviewed by the City on a continuing basis after the issuance of a Certificate of Occupancy for the movie theaters. 14. Signs and other directional provisions will be added to the interior of the 870 S. Nash Street parking structure by the applicant to direct pedestrians to the pedestrian crosswalk located outside the northwest corner of the parking structure. A plan for the signs and other directional provisions shall be submitted by the applicant and reviewed and approved by the Director of Planning and Building Safety prior to installation. 15. Stairs, and other access as required by law, shall be provided by the applicant, at the northwest corner of the parking structure to facilitate pedestrian access from the parking structure to the pedestrian crosswalk between the ground level and the first above -grade level. A plan for the stairs and other access required by law shall be submitted by the applicant and reviewed and approved by the Director of Planning and Building Safety prior to installation. The required provisions shall be installed per the approved plans prior to issuance of a Certificate of Occupancy. 16. The applicant shall pay the City Attorney's costs for preparing or reviewing any bond agreements or other such agreements between the applicant and the City required for the construction, maintenance, and operation, of the crosswalk, the pedestrian activated signal or other traffic and pedestrian improvements and off -site parking and valet drop -off agreement. 17. During construction, the entire project site shall be enclosed by a six -foot high chain link fence. Gates for site fencing shall not open over sidewalk /public right -of -way. A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Planning and Building safety prior to building plan approval and installation of the fencing. 18. All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications. No work shall be performed in the public right -of -way without first obtaining a Public Works permit. 19. Prior to approval of the building plans, plans shall indicate that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer. The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project. 20. Encroachment permits must be obtained from the Engineering Division Public Works Department for demolition haul -off. Permit must be obtained at the same time the permit for demolition is issued. An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards. Demolition and grading may be listed on one encroachment permit. 7 21. Prior to approval of the building plans, plans shall show the location of all proposed trash enclosures to the satisfaction of the Director of Planning and Building Safety. Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials. 22. If new sewer laterals are required and constructed in the public right -of -way they shall be a minimum of six (6) inches inside diameter. Material shall be "vitreous clay pipe". Each lateral shall have a six (6) inch clean -out brought to grade at the property line and securely capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word "sewer ". If in a traffic area, cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) inch wyes may be reused if approved by the Director of Public Works. 23. No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times. Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours. is 24. Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A.C. pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public Works. Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk. 25. Demolition of drywall containing Asbestos Containing Construction Material (ACCT) or Asbestos Containing Building Material (ICBM) in the 831 S. Nash Street building or the other structures being demolished shall be performed under asbestos dust control measures (i.e. misting the air with amended water, utilizing negative air machines, respiratory and clothing protection, and showers) in accordance with applicable South Coast Air Quality Management District (SCAQMD) rules. The applicant shall provide the Department of Planning and Building Safety copies of any permits required by SCAQMD prior to commencement of demolition or grading. 26. Should any previously un- recorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Planning and Building Safety will be notified immediately. At the owner's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Planning and Building Safety prior to the commencement of work. 27. The proposed movie theaters shall have a maximum of 3,550 seats. 28. The parking structures and surface parking lots on the west side of Nash Street shall remain open and available to all theater patrons as well as the retail /office customers and employees at all times of the day and night. 29. The applicant shall submit the appropriate documentation to show conformance with or exemption from the state Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the Director of Public Works prior to the approval of the building plans. 30. During construction dust control measures shall be required in accordance with the City's • Dust Control Ordinance. Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i.e. over 15 miles per hour). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. SECTION 4: The City Clerk shall certify to the passage and adoption of this Resolution; shall entered the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the • City Council of said City, in the minutes of the meeting which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 2nd day of aI • APPROVED AS TO FORD PLeland C. Dolley, City Attorney 0 M 1995. of the City of El Segundo, California EA350- CC.res i STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 3917 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 2nd day of May 1995, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz, Councilman Robbins, and Councilwoman Friedkin. NOES: None ABSENT: None ABSTENTION: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 4th day of May, 1995. CINDY R, ESEN • City Clerk of the City of El Segundo, California (SEAL)