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CC RESOLUTION 4064RESOLUTION NO. 4064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 401A (EA -401A) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT -350 (EA -350) AND ADOPTING PRECISE PLAN 96- 1A (PP 96 -1A) AS THE FIFTH AMENDMENT TO PRECISE PLAN 12 -72 (PP 12 -72), TO ALLOW MODIFICATIONS TO THE TRAFFIC CIRCULATION PLAN FOR PASSENGER DROP -OFF, PARKING MANAGEMENT, AND PERMITTING OUTDOOR AMENITIES IN THE PLAZA AREA AT 2041 ROSECRANS AND 831, 870, 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 traffic circulation plan for passenger drop -off, managing parking in the 871 South Nash street parking structure and surface parking lots, and permitting various outdoor amenities in the plaza area; and, WHEREAS, an Environmental Assessment (EA- 401A), 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 Supplemental Traffic and Parking 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, on May 28, 1998, 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. 2418, recommending approval of the Precise Plan Amendment and Environmental Assessment; and, 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 -401A and Precise Plan Amendment 96 -1A; and, WHEREAS, at said hearing the following facts were established: The applicant requests approval of Items 8, 9, and 10 of the original application (EA -401, PP 96 -1); 2. Items 1, 2, 3, and 4 of the original application (EA -401, PP 96 -1) were approved by the City Council on September 16, 1997. 3. Items No. 5, 6, and 7 of the original application (EA -401, PP 96 -1) have been postponed to provide the applicant and City staff additional time to review the items. 4. Condition No. 8 of City Council Resolution No. 4034 for PP 96 -1 requires 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. The applicant has requested modification of this condition to relocate the passenger drop -off area inside the parking structure at 871 South Nash Street. 5. Condition No. 28 of City Council Resolution No. 3917 for PP 94 -1 requires that all parking on the subject property be available to all theater patrons at all times of the day and night. The applicant is requesting a modification of this Condition to manage the parking in the 871 South Nash Street parking structure and surface parking lots in order to reserve parking for office tenants, restaurant and retail patrons for the 2041 Rosecrans Avenue building, in addition to valet parking for the 2041 Rosecrans Avenue building and theaters. 6. Precise Plan 12 -72, as modified, does not list accessory outdoor uses such as outdoor retail in the plaza area between the Pacific Theatre building at 831 South Nash Street building and the 2041 Rosecrans Avenue building as permitted uses. The applicant requests permission to provide a limited number of permanent tables, chairs, retail uses and other amenities in the plaza area of the project to complement the retail and entertainment uses. The area surrounding the project site is highly urbanized. 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 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 located to the east of Aviation Boulevard. 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. 10. 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. 11. 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. 12. 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. 13. The existing buildings, uses and development standards were approved under Precise Plan (PP -12) in 1972. The Precise Plan was previously amended by PP 73 -3, PP 74 -10, PP 94 -1, and PP 96 -1. 14. 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). 15. The applicant submit two (2) traffic letter reports related to the environmental effects of the proposed project (EA -041). The reports evaluated traffic and parking effects of the proposed project related to the previous approvals. The studies provide the necessary facts for required CEQA findings. SECTION 1. AFTER CONSIDERING THE ABOVE FACTS, THE TESTIMONY PRESENTED AT THE PUBLIC HEARING, AND STUDY OF PROPOSED ENVIRONMENTAL ASSESSMENT EA -401A AND PRECISE PLAN AMENDMENT 96 -1A; 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 1. The Initial Study concluded that the previous project 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, 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, That the Planning Commission thereby recommends that the City Council authorize and direct the Director of Planning and Building Safety to file with any appropriate agencies a Certificate of Fee Exemption and de minimis 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. 3 PRECISE PLAN 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. 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 reviewed by the City indicate that no significant increase in environmental effects will occur. 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 goals, objectives, and policies: 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 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 three proposed and one future 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. Findings must be made that the project is in conformance with the goals, policies and objectives of the General Plan in order to approve the project. Interpretation of conformity with the applicable provisions of the General Plan is a policy decision that is at the discretion of the Planning Commission and the City Council. 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 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. 0 e. Circulation Element policies and objectives also apply 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. £ The final policies and objectives which apply to the proposed project are contained within the Air Quality Element including; AQ 7 -1.1 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- 401A (EA 401A) REAFFIRMING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT - 350 (EA- 350) AND ADOPTS ITEMS 8, 9, AND 10 OF PRECISE PLAN AMENDMENT 96 -1A, AS DESCRIBED BELOW: Amendment (Item No. 8) to the Precise Plan Circulation Plan (Condition No. 8 of City Council Resolution No. 4034) to relocate the proposed passenger drop -off area from along the west side of Nash Street to an area on the ground floor of the parking structure at 871 South Nash Street, or to another location within the project site, to be proposed by the applicant, with the approval of City staff. 2. Amendment (Item No. 9) to the Precise Plan (Condition No. 28 of City Council Resolution No. 3917) to permit the applicant to manage the parking in the 871 South Nash Street parking structure and surface parking lots adjacent to the 2041 Rosecrans Avenue office /retail building in order to reserve parking for office tenants, restaurant and retail patrons for the 2041 Rosecrans Avenue building, in addition to valet parking for the 2041 Rosecrans Avenue building and theaters. Amendment (Item No. 10) to the Precise Plan to install a limited number of permanent tables, chairs, signs, and other amenities in the plaza area between the Pacific Theatre building at 831 South Nash Street and the office building at 2041 Rosecrans Avenue and entry court within the 2041 Rosecrans Avenue building. Retail sales and other ancillary uses which are supportive of the sites primary retail, office, and entertainment uses are added to the precise plan as permitted uses in the plaza and entry court areas. SECTION 3. THE CITY COUNCIL HEREBY APPROVES ENVIRONMENTAL ASSESSMENT EA- 401A AND ADOPTS AND CERTIFIES PRECISE PLAN AMENDMENT 96 -1A AS AN AMENDMENT TO PRECISE PLAN 12 -72, PP 73 -3, PP 94 -1, AND PP 96 -1 STATED AS ITEMS 8, 9, AND 10, SUBJECT TO THE FOLLOWING CONDITIONS: 5 All required Circulation Plan elements, including, but not limited to, providing a passenger drop -off area on the ground floor of the 871 South Nash Street parking structure, shall be installed prior to issuance of a Certificate of Occupancy for P.F. Chang's China Bistro restaurant. The passenger drop -off area shall be deemed approved unless disapproved by the City by written notice to the applicant within 30 days from the date the City receives written notice from the applicant that the passenger drop -off area has been installed. In the event that the City disapproves the proposed location or operational aspects of the passenger drop -off area, said area shall be relocated, or operations modified, and installed in a location proposed by the applicant and approved by the Director of Planning and Building Safety, Director of Public Works, and Police and Fire Chiefs. The applicant may make minor permanent changes to the approved location of the passenger drop- off area and/or minor permanent adjustments to the operation of the passenger drop -off area, subject to the approval of the Directors of Planning and Building Safety and Public Works, and Police and Fire Chiefs. 2. The 871 South Nash Street parking structure and the surface parking lot adjacent to 2041 Rosecrans Avenue shall be operated and managed by the property owner in a manner as to facilitate the approved Circulation Plan, as amended. This may include, but not limited to, designating parking spaces for specific tenants in the 2041 Rosecrans Avenue building with time restrictions deemed appropriate by the property owner, valet parking, employee parking for the theaters, and prohibiting self parking for theater patrons. The applicant shall consult with the Director of Planning and Building Safety on proposed parking modifications to determine if the changes would significantly impact overall traffic and on -site circulation. The City reserves the authority to periodically review on -site traffic and circulation and to require the applicant to modify any proposed parking modifications which result in a material and adverse impact to the said property or which compromise the overall traffic and on -site circulation for the project. 3. The applicant shall submit parking counts for the theater surface parking lot in conjunction with the circulation and traffic review required by Condition No. 15 of City Council Resolution No. 4034 for EA -401, PP 96 -1. If the parking review indicates that theater parking demand during weekdays before 6:00 p.m. exceeds the available parking in the surface parking lot on the north and west side of the theater building, the applicant shall be required to provide additional self parking for theater patrons. This may be achieved by increasing the size of the theater's surface parking lot, by permitting self parking in the 871 South Nash Street parking structure or the 870 South Nash Street parking structure, or by other methods subject to the approval of the Director of Planning and Building Safety. Completion of this condition, in conjunction with Condition No. 15 of City Council Resolution No. 4034, shall satisfy the one (1) year status report requirement of Condition No. 13 of City Council Resolution No. 3917 for EA -350, PP 94 -1. 4. The applicant may install permanent tables, chairs, benches, signs, outdoor retail operations, and other amenities in the plaza area between the Pacific Theatre building at 831 South Nash Street and the office building at 2041 Rosecrans Avenue and within the entry court of the 2041 Rosecrans Avenue building. These amenities are subject to the review and approval of the Director of Planning and Building Safety, and Police and Fire Chiefs prior to installation. These amenities may not interfere with the intent or requirements of the previously recorded "No- build" Declaration of Easement, as amended, for fire protection and emergency access. 5. No additional outdoor dining areas for restaurants beyond the 1200 square feet approved as part of PP 96 -1 are approved as part of this amendment. 0 6. Prior to approval of any building or other plans required to implement Amendment Item No.s 8, 9, and 10, 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, including, but not limited, to the circulation plans, signage plans, and the plaza improvement plans. Any subsequent modification to the approved plans for Amendment Item No.s 8, 9, and 10 shall be subject to the approval of the Director of Planning and Building Safety and Fire Chief. 7. 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. S. The applicant shall pay the City's Traffic Consultant cost for the preparation review, or analysis of materials for Condition No. 3 above. 9. The applicant shall comply with all conditions of Precise Plan Amendment 96 -1 contained in City Council Resolution No. 4034, which are not modified by this Resolution. 10. 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, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -401A and Precise Plan Amendment 96 -1A. PASSED, APPROVED AND ADOPTED this 2n day of June, 1998. Mike Gordon, Mayor of the City of El Segundo, California APPROVED AS TO FORM: Mark D. Hensley, City Attorney p:\ projects \401 - 425 \ea401 \ea401ac2.res 6 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. 4064 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 2nd day of June, 1998, and the same was so passed and adopted by the following vote: AYES: Mayor Gordon, Mayor Pro -Tern Jacobs, Councilmembers McDowell, Gaines, Wernick NOES: None ABSENT: None ABSTENTION: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 5'" day of June, 1998. d MM� City Clem `° Vity of El S. , u do, California