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CC RESOLUTION 40340 RESOLUTION NO. 4034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 401 (EA-401) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT -350 (EA -350) AND ADOPTING PRECISE PLAN 96- 1 (PP 96 -1) AS THE FOURTH AMENDMENT TO PRECISE PLAN 12 -72 (PP 12 -72), TO ALLOW MODIFICATIONS TO THE PARKING STRUCTURE STAIRWAY AND DIRECTIONAL SIGNAGE, TRAFFIC CIRCULATION PLAN REVISIONS AND OUTDOOR DINING AT 2041 ROSECRANS AND 831, 8709 AND 871 SOUTH NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, an application has been received from Continental Development Corporation, requesting approval of an amendment to Precise Plan 12 -72, as subsequently modified, to allow modifications to the parking structure stairway and directional signage, traffic circulation plan revisions, outdoor dining for a restaurant, and other amendments as stated in the application; and, WHEREAS, an Environmental Assessment (EA -401), including further analysis of the findings of the Draft Initial Study and Mitigated Negative Declaration of environmental impacts for the EA -350, has been prepared and circulated to all interested parties, City 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 by Linscott, Law & Greenspan, Inc. and reviewed for the City by Hartzog & Crabill, Inc.; and, WHEREAS, an Air Quality Assessment was conducted by Planning Consultants Research to evaluate the air pollution impacts associated with the construction and operation of the facility and submitted with the application and reviewed by the City Staff; and, WHEREAS, a Fiscal Impact Analysis was prepared by Planning Consultants Research to evaluate any potential changes in the project costs versus project revenues and the project's impact on City services and submitted with the application and reviewed by City Staff, and, WHEREAS, on September 11, 1997, 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; the Planning Commission adopted Resolution No. 2400, recommending approval of the Precise Plan Amendment and Environmental Assessment; and, 1 4 03 WHEREAS, on September 16,1997, the City Council 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 -401 and Precise Plan 96 -1; and, WHEREAS, at said hearing the following facts were established: 1. The Applicant requests approval of Items 1, 2, 3, and 4, as detailed in the September 11, 1997 Staff Report. 2. The Applicant has requested a continuance of Items No. 5, 6, and 7, as detailed in the September 9, 1997 Staff Report, for approximately 30 days. 3. The Applicant has requested continuation of the three (3) items to allow the Planning Commission and City Council time to complete deliberations on all other requested components and to provide the Applicant and City Staff additional time to consider the continued items. 4. Condition No. 15 of City Council Resolution No. 3917 for PP 94 -1 requires the stairs at the northwest corner of the parking structure at 870 South Nash Street to extend from the "ground level' to the "first above -grade level', of the parking structure, rather than from the "ground level' to the "basement level" of the parking structure, as currently constructed. 5. The applicant has requested a determination that the stairway as constructed, be deemed in "substantial compliance" with Condition No. 15 of City Council Resolution No. 3917. 6. Condition No. 14 of City Council Resolution No. 3917 requires the provision of signage in accordance with Condition 15 of City Council Resolution No. 3917. 7. The applicant is requesting approval of revisions to the signage and other directional provisions added to the interior of the 870 South Nash Street parking structure to accommodate the revisions in Item No. 4 above. 8. The circulation changes include revisions to the approved Traffic Circulation Plan, as shown on the Supplemental Traffic and Parking Impact Study as follows: a. The closing of the existing Common Area Plaza (Plaza) 34 foot wide driveway between the theater and the retail /office building (Condition 11 -k of Resolution No. 3917) off of South Nash Street to vehicular traffic; b. Converting the easterly two- thirds of the Plaza to pedestrian activity only; C. Converting the westerly third of the plaza to valet drop- off /pick -up area; d. Elimination of the need to restrict eastbound traffic, from the closed driveway to a right - turn only movement at South Nash Street during peak hours (Condition No. 11 -L of Resolution No. 3917); 2 4034- e. Providing a new sidewalk and curbside theater drop- off /pick -up zone on the west side of South Nash Street; f The re- stripping of South Nash Street to add a drop -off lane and maintain two driving lanes on the east side of South Nash Street; and g. The relocation of eight (8) handicapped parking spaces from the Plaza area to the 871 South Nash Street Parking structure. 9. The applicant plans to establish a new quality restaurant "blending culinary creations from the major regions of China with American hospitality to create a unique dining experience." 10. The new restaurant will include an outdoor dining area of 1,200 square feet; a 5,400 square foot indoor seating area (including bar area); and kitchen and "back -of -the- house" space of 1,800 square feet. 11. If P. F. Chang's China Bistro does not utilize all of the 1,200 square feet of outdoor dining area then other future restaurant(s) may utilize the area. 12. The applicant requested that the following Items be continued for 30 days. a. Amendment of the Precise Plan land uses to conform with the current code for the underlying zone, the "Urban Mixed -Use South (MU -S) Zone." The applicant requested • to amend the Precise Plan to allow all the land uses in the Precise Plan that are presently allowed in the MU -S Zone. This includes: a. Permitted Uses; b. Permitted Accessory Uses; c. Uses Subject to an Administrative Use Permit; d. Uses Subject to a Conditional Use Permit; and e. Adult Business Permits. Additionally, the applicant requested that uses in the Plaza and Entry Court, including outdoor dining, retail sales, and other ancillary uses which are supportive of the site's primary retail uses, are included as permitted uses. b Amendment of the Precise Plan development standards to conform with the current code for the underlying zone; the "Urban Mixed- Use South (MU -S) Zone." The applicant requested to amend the Precise Plan to incorporate the development standards of the MU- S Zone into the Precise Plan, except as may have been previously established and constructed under the Precise Plan. C. Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. The applicant requested that the City establish a procedure to provide for minor modifications to the requirements of the Precise Plan, subject to the review and approval of the Director of Planning and Building Safety. The procedure would allow flexibility for the applicant to meet market changes without the necessity of a full Precise Plan amendment. They have indicated a desire to provide for minor modifications to enhance the development without creating adverse impacts for surrounding developments. 13. The area surrounding the project site is highly urbanized. • 14. The project site is located within the southeast portion of the City of El Segundo approximately one (1) mile to the west of the San Diego Freeway [Interstate -405 (I- 405)]. The project area is 3 404 approximately 6.03 acres (262,737 square feet). The project is bounded by Rosecrans Avenue on the south, Nash Street on the east, an industrial facility (Air Products) on the west, and railroad tracks on the north. Local jurisdictions bordering or near the site include the City of Manhattan Beach located immediately south of Rosecrans Avenue and the City of Hawthorne locate to the east of Aviation Boulevard. 15. The site is in the southwestern portion of Continental Park, which is a large office and industrial park containing approximately 2 million square feet of office, research and development, hotel, health club, restaurant, retail, and movie theater uses. 16. The project site is currently developed and has been historically used for commercial uses since 1972. The City's General Plan designates the site for mixed use development. The project is located within a highly urbanized environment. The topography of the site is quite level and contains no unique geologic features. Landscaping is limited to the areas adjacent to South Nash Street on the east, the rear yard setback on the north, and along Rosecrans Avenue to the south. 17. The area surrounding the project site is highly urbanized. Land uses are comprised of office, commercial, restaurant, theater, research and development, and other similar uses. The Manhattan Marketplace Retail Center 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 southwest of the project across Rosecrans Avenue lies the Manhattan Village Shopping Center. 18. 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. The project site is only visible from Rosecrans Avenue on the south and from South Nash Street on the east. Topographically, the project vicinity is generally level to rolling terrain and is currently developed except for north of the property. 19. The existing buildings, uses and development standards were approved under a Precise Plan (PP- 12) in 1972. The Precise Plan was previously amended by PP 73 -3, PP 74 -10, and PP 94 -1. 20. 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 for EA -350 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. The applicant is requesting a determination that the requested actions of the City are within the scope of the development limits established by the approval of EA -350 (which was approved with a Mitigated Negative Declaration related to environmental effects). 21. The applicant submit three (3) studies and an environmental questionnaire related to the environmental effects of the proposed project. The three studies evaluated fiscal, traffic and air quality effects of the proposed project related to the previous approvals. City Staff and consultants have reviewed the studies and found them to be prepared in accordance with CEQA and City Standards. The studies provide the necessary facts for required CEQA findings. 22. The Fiscal Impact Analysis indicates the proposed project will generate a fiscal surplus for the City, after consideration of City service costs. 4 4 034 SECTION 1. AFTER CONSIDERING THE ABOVE FACTS, THE TESTIMONY PRESENTED AT THE PUBLIC HEARING, AND STUDY OF PROPOSED ENVIRONMENTAL ASSESSMENT EA -401 AND PRECISE PLAN 96 -1 (PP 96 -1), THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS FOR THE PROPOSED PROJECT AND REAFFIRMS THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS OF ENVIRONMENTAL ASSESSMENT - 350 (EA- 350): ENVIRONMENTAL ASSESSMENT The Initial Study concluded that the previous project (EA -350) will not have a significant, adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA), and the subject project is within the environmental thresholds established and approved through EA -350; and, 2. That when considering the whole record, there is no evidence that the proposed modifications to 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 authorizes and directs the Director of Planning and Building Safety to file with any 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. PRECISE PLAN 1. That the proposed location of the 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 South (MU -S) Zone which allows a broad mix of uses. 2. Precise Plan 12 -72, which established the design of the existing facilities and the placement of essential related facilities such as parking, traffic circulation, and loading, is significantly altered by the proposed amendment. However, studies prepared by the applicant and review by the City indicate that no significant increase in environmental effects will occur. 3. The amendments are consistent with the purposes of a Precise Plan which, like a Specific Plan or a Planned Residential Development, provides the flexibility to allow for deviation from specific site development standards to achieve the overall design for the site. GENERAL PLAN CONSISTENCY That the proposed use is consistent with the following General Plan. a. The General Plan Land Use Designation for the site, as well as the zoning, is Urban Mixed -Use South (MU -S). In accordance with the General Plan, "The Urban Mixed -Use 5 4034 . South designation allows a mixture of uses including office, hotels and retail. Light industrial uses are allowed with discretionary approval. b. The Urban Mixed -Use South designation is designed to allow for a flexibility of uses near the two existing Green Line transit stations. The MU -S designation allows an FAR of 1.3, the maximum density allowed in the area, since traffic and air quality impacts associated with higher densities can be more easily mitigated with mixed uses in close proximity to mass transit. C. The proposed project is in conformance with many General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality. The following Economic Development objectives and policies apply; 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. d. Many Land Use goals, policies and objectives apply, which the project is in conformance with, including; LU 4, LU 4 -1.1, 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 providing a stable tax base, providing landscaping, 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. e. Circulation Element policies and objectives also apply, which the project is in conformance with, to the proposal including; C 1 -1.13, C 1 -2.1, C 1 -3.2, C 2 -1.6, C 2 -3.3, 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, a hierarchy and street classification system correlated to capacity and function, incorporation of off - street loading facilities, facilities designed for easy pedestrian access, pedestrian linkage to the Green Line, 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. f. The proposed project is located on a secondary arterial street (Nash Street) which is already substandard in lane configuration compared to the standards established in the General Plan (2 through lanes in each direction with a striped median instead of three lanes in each direction with a raised median). Although the proposed revised circulation plan would eliminate the stripped median on Nash Street to accommodate pedestrian drop -off areas for the theaters, the Planning Commission fmds that the revised circulation plan would be consistent with the General Plan-Master Plan of Streets because the revisions will improve pedestrian safety at the existing pedestrian activated signalized crosswalk by providing a larger queuing area on the west side of the crosswalk. The project will also improve circulation in the area through the elimination of the 34 foot wide driveway between the theater and the retail /office building. Additionally, the proposed circulation modifications would not preclude the possible future extension of 6 4 034 • Nash St., as identified in the Master Plan of Streets, as there is no change in the actual right -of -way width. g. The final policies and objectives which apply to the proposed project, which the project is in conformance with, are contained within the Air Quality Element including; AQ 7- 1.l and AQ 12 -1.2, which relate to requiring conformance with the SCAQMD PM10 standards and encouraging energy conservation features in new building design. SECTION 2. THE CITY COUNCIL HEREBY APPROVES ENVIRONMENTAL ASSESSMENT EA- 401 (EA 401) REAFFIRMING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT - 350 (EA- 350) AND ADOPTS ITEMS 1, 2, 3, AND 4 OF PRECISE PLAN 96 -1 (PP 96 -1), AND THE CONTINUATION OF ITEMS 5, 6, AND 7 AS DESCRIBED BELOW: 1. An amendment to Condition No. 15 of City Council Resolution No. 3917 related to the parking structure stairway at 870 South Nash Street. 2. An amendment to Condition No. 14 of City Council Resolution No. 3917 related to the parking structure stairway directional signage at 870 South Nash Street. 3. Revisions to the approved Traffic Circulation Plan, as shown on the Supplemental Traffic and Parking Impact Study. . 4. The approval of a Precise Plan Amendment to allow outdoor dining that exceeds 200 square feet for the P. F. Chang's China Bistro and other future restaurants. Items 5, 6, and 7 continued for 30 days. 5. Amendment of the Precise Plan land uses to conform with the current code for the underlying zone; the "Urban Mixed -Use South (MU -S) Zone." 6. Amendment of the Precise Plan development standards to conform with the current code for the underlying zone; the "Urban Mixed- Use South (MU -S) Zone." 7. Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. SECTION 3. THE CITY COUNCIL HEREBY APPROVES ENVIRONMENTAL ASSESSMENT EA- 401 AND ADOPTS AND CERTIFIES A PRECISE PLAN AMENDMENT 96 -1 AS AN AMENDMENT TO PRECISE PLAN 12 -72, PP 73 -3, AND PP 94 -1 STATED AS ITEMS 1, 2, 3, AND 4 AND THE CONTINUATION OF ITEMS 5, 6, AND 7 AS DESCRIBED ABOVE, SUBJECT TO THE FOLLOWING CONDITIONS: 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 with the exception of layout of the interior of the restaurant. Any is subsequent modification to the project 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. 7 4 034 • 2. Prior to issuance of a Certificate of Occupancy, the applicant shall demonstrate to the satisfaction of the Director of Planning and Building Safety that all fees for the development permitted by Environmental Assessment EA -350 and Precise Plan 94 -1 have been paid. Additionally, the applicant shall pay all fees indicated below as may be required by the City. a. Prior to the issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library services mitigation fee of $0.03 per square foot of building floor area for the outdoor dining area. b. Prior to the issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services mitigation fee of $0.14 per square foot of building floor area for the outdoor dining area. C. Prior to the issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services mitigation fee of $0.11 per square foot of building floor area for the outdoor dining area. d. Prior to the issuance of a Certificate of Occupancy, the applicant shall pay a one -time Traffic Impact mitigation fee pursuant to City Council Resolution No. 3969, to the Department of Public Works, for the outdoor dining area. 3. The applicant shall submit to the Department of Planning and Building Safety any amendments to the Covenant and Agreement for the Maintenance and Location of Off -Site Parking or demonstrate to the satisfaction of the Director of Planning and Building Safety that an amendment is not required. Any amendment to 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. 4. Prior to approval of the building plans, the applicant shall submit an amendment to the Security Plan, including a complete exterior lighting plan, to the Police Department for review and approval. The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate. 5. Prior to approval of the restaurant building plans, the applicant shall submit an amendment to their approved Fire/Life Safety Plan to the Fire Department for review and approval. All Fire/Life Safety Plan requirements must be installed and operational prior to issuance of a Certificate of Occupancy. 6. An amendment to the Landscaping and Irrigation Plan shall be submitted by the applicant to the Directors of Planning and Building Safety and Recreation and Parks and Police Chief prior to approval of the Circulation Plan. 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 Directors of Planning and Building Safety and Recreation and Parks and the Police Chief and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy. 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit any amendments necessary to the Master Sign Plan to ensure clear and convenient directional signage, compatibility with the surrounding areas, and the aesthetic objectives of the General Plan, as well as to ensure that the signs enhance and do not impede traffic or pedestrian safety. The amendment shall also 8 4 034 . address signage to reduce pedestrian "jaywalking" on South Nash Street. The amendment to the Master Sign Plan shall be subject to the approval of the Directors of Planning and Building Safety and Public Works and the Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy. 8. The applicant shall submit a final Circulation Plan, to be reviewed and approved by the Directors of Public Works and Planning and Building Safety and the Police Chief for all circulation and parking related improvements, which contains, but is not limited to the following provisions: a. The closing of the existing Common Area Plaza (Plaza) 34 foot wide driveway between the theater and the retail /office building (Condition 11 -k of Resolution No. 3917) off of South Nash Street to vehicular traffic; b. Converting the easterly two- thirds of the Plaza to pedestrian activity only; C. Converting the westerly third of the plaza to valet drop -off /pick -up area; d. Elimination of the need to restrict eastbound traffic, from the closed driveway to a right - turn only movement at South Nash Street during peak hours (Condition No. 11 -L of Resolution No. 3917); C. Providing a new sidewalk and curbside theater drop - off /pick -up zone on the west side of South Nash Street; • f The re- striping of South Nash Street to add a drop -off lane and maintain two driving lanes on the east side of South Nash Street; and g. The relocation of eight (8) handicapped parking spaces from the Plaza area to the 871 South Nash Street Parking structure. All required Circulation Plan elements shall be installed prior to issuance of a Certificate of Occupancy. 9. 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. 10. 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. 11. 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. 9 4 075 4 12. 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. 13. 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. 14. Prior to Certificate of Occupancy the Applicant shall enter into an agreement with the City in a manner approved by the City Attorney and Director of Planning and Building Safety to assure implementation of the recommendations of the Traffic Study Review prepared by Hartzog & Crabill, Inc., dated August 27, 1997. 15. A circulation and traffic review will be required a minimum of six (6) months to a maximum of twelve (12) months after the issuance of the Certificate of Occupancy for the outdoor restaurant use. The definition of a "review" involves the preparation of a study for the actual project operations, identical to that performed for the development of the site. The findings shall be submitted to the Departments of Planning and Building Safety, Public Works, Police and Fire for review and approval. If necessary, the operations may be modified to maintain clear circulation and access at all times or other mitigation that the City deems appropriate will be required. • 16. The applicant shall pay the City's Traffic Consultant cost for the preparation, review or analysis of materials for Items 14 and 15 above. 17. During construction, the entire project site shall be enclosed by a six -foot high chain link fence. Gates for site fencing shall be located at driveways and 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 installation. 18. 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. 19. 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. 20. The applicant shall develop the property pursuant to applicable provisions of the City's Water Conservation Ordinance. 21. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, 10 4 C34 0 causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA-401 and Precise Plan Amendment 96 -1. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records if the proceedings of the City Council of said City, in the minutes of meeting which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 16th day of September, 1997. ATTEST: Andy Mortesen, Ci�y /Clerk (SEAL j ' 4,e - APPROVED AS TO FORM: Mark D. ensley, City Attorney 11 Sandra Jacobs, Mayor of the City of El Segundo, California p: \projects \ea401 \ea401- cc.res 404 n U CERTIFICATION 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. 4034 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16th day of Seeptember, 1997, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wemick, Councilman Weston, and Councilman Gordon NOES: None • ABSENT: Councilwoman Friedkin ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 17th day of September, 1997. indy ee e , Cit r�Clerk of the Cof EI Segundo, California (SEAL) 0 4 034