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CC RESOLUTION 4095RESOLUTION NO. 4095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT — 401B (EA -401B) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT -350 (EA -350) AND ADOPTING THE SIXTH AMENDMENT (PP 96 -1B) TO PRECISE PLAN 12 -72 (PP 12 -72), AT 2041 ROSECRANS, AND 831 AND 871 SOUTH NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, an application has been received from Continental Development Corporation (Applicant), requesting said approval; and, WHEREAS, the Applicant requests approval of an amendment to Precise Plan 12 -72 as amended (PP 12 -72) to provide for the following: A. Amendment of the land uses of PP 12 -72 to include the land uses allowable under the Zoning Code in the absence of a Precise Plan (Underlying Zone); B. Amendment of the development standards of PP 12 -72 to include the development standards in the Underlying Zone that are not specifically modified by PP 12 -72, as amended; C. Amendment of the PP 12 -72 to provide for approval by the Director of Planning and Building Safety of minor modifications to PP 12 -72, as amended; and WHEREAS, the Applicant and the City desire guidelines to aid in the administration of PP 12 -72 as amended; and WHEREAS, an Environmental Assessment (EA- 401B), including a further analysis of the findings of the Draft Initial Study and Mitigated Negative Declaration of environmental impacts for the EA -350, has been available for review and consideration by all interested parties, staff, and affected public agencies in the time and manner prescribed by law; and WHEREAS, the Planning Commission and City Council 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, on September 24, October 8, and 22, 1998, the Planning Commission did hold, pursuant to law, duly advertised public hearings on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearings were given in the time, form and manner prescribed by law; the Planning Commission adopted Resolution No. 2425, recommending approval of the Precise Plan Amendment and Environmental Assessment; and RESOLUTION NO. 4095 EA401S P9616 2041 ROSECRANS AVENUE/ 831/871 SOUTH NASH STREET (BEACH CITIES PLAZA PAGE 1 WHEREAS, on October 6, 20, and November 3, 1998, 1998, the City Council did hold, pursuant to law, duly advertised public hearings on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearings were 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 -401B and PP 96 -1B; and WHEREAS, at said hearings the following facts were established: I 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)]. 2. The project area is approximately 6.035 acres (262,900 square feet). 3. The project is generally bounded on the north by heavy industrial land uses, on the south by Rosecrans Avenue, on the east by Nash Street and on the west by heavy industrial land uses. 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. 4. The site is in the western portion of Continental Park. Continental Park 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. 5. The site is currently developed with a mixture of commercial, office, restaurant, movie theater, and parking structure uses. 6. The topography of the site is level and soils conditions are suitable for the existing development. 7. Plant species present are those that are commonly used for landscaping purposes or which have adapted to urban environments. There is no known rare or endangered animal species associated with the Project site, or project locale. 8. The site and immediate project locale, contains no known significant cultural, historical, or scenic aspects. 9. The area surrounding the project site is highly urbanized. Land uses consist of medium scale office, commercial, theater, restaurant, and retail 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 Marriott Hotel with golf and tennis facilities. To the southwest of the project across Rosecrans Avenue lies the Manhattan Village Shopping Center. RESOLUTION NO. 4095 EA401B /PP 9 &113 2041 ROSECRANS AVENUE/ 831/871 SOUTH NASH STREET (BEACH CITIES PLAZA PAGE 2 10. 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 Marriott Hotel golf course. 11. The project site is only visible from Rosecrans Avenue on the south and from South Nash Street on the east. 12. The existing building, uses and development standards were approved in 1972 under a Precise Plan (PP 12 -72) as amended. This project is the sixth amendment to the original Precise Plan. 13. A Precise Plan is a term for a development application that is no longer used in the City for new projects. A Precise Plan would now be called a Specific Plan. A Precise Plan amends the zoning map by establishing permitted uses and development standards that apply only to the area covered by the plan. No variances are required for Precise Plans; the approval of a Precise Plan establishes the land uses and required development standards for a project. 14. The following environmental facts are established: A. PP 964B is within the scope of the development limits established by the approval of EA -350 (PP 94 -1), which was approved with a Mitigated Negative Declaration related to environmental effects; B. PP 96 -1B has no significant environmental impact; and, C. PP 96 -1B requires no further environmental analysis. 15. The City's General Plan designates the project site for Mixed -Use development. The project site is located in the Mixed -Use South (MU -S) Zone. The project conforms with the land uses and development standards of the General Plan and Zoning Code. 16. PP 96 -1B does not change the previously approved Site Plan, (Development Plan). 17. PP 96 -1B supplements the existing land uses under PP 12 -72 by adding the land uses provided in the then Underlying Zone. 18. PP 96 -113, amends the development standards of PP 12 -72 to include the development standards in the Underlying Zone that are not specifically modified by PP 12 -72, as amended. 19. The Applicant and the City have determined that there is a need to establish various guidelines to aid in the administration of PP 12 -72. RESOLUTION NO. 4095 EA- 401B /PP 9618 2041 ROSECRANS AVENUE/ 831/871 SOUTH NASH STREET (BEACH CITIES PLAZA PAGE 3 NOW, THEREFORE, BE IT RESOLVED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment 401B (EA -401B) on PP 96 -113, the City Council makes the following findings and reaffirms the findings of Mitigated Negative Declaration of environmental impacts of proposed Environmental Assessment 350 (EA -350); and adopts required findings related to the PP 96 -1B and adopt the following findings with respect to consistency of PP 96 -1B with the City of El Segundo's General Plan: ENVIRONMENTAL ASSESSMENT 1 The Initial Study performed by the City, based upon the "Initial Study Applicant Questionnaire" filed 9/17/97 concluded that the subject amendments will not have a significant adverse effect on the environment and are within the scope of the development limits established by the approval of EA -350 (PP 94 -1), which was approved with a Mitigated Negative Declaration related to environmental effects, and a Mitigated Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA). No significant environmental related changes have been made to the Development Plan or Development Standards. No further environmental analysis is required; 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 minimum finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the reaffirmation 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 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, and the previous amendments, established the design of the existing facilities and the placement of essential related facilities such as parking, traffic circulation, and loading. Studies prepared by the Applicant and reviewed by the City indicate that no significant increase in environmental effects will occur from the proposed amendment. RESOLUTION NO. 4095 EA- 40181PP 9618 2041 ROSECRANS AVENUE/ 831/871 SOUTH NASH STREET (BEACH CITIES PLAZA PAGE 4 3. The amendments are consistent with the purposes of a Precise Plan which, like a Specific Plan or a Planned Residential Development, provide 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 amendment is consistent with the following General Plan goals, policies, and objectives: 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. RESOLUTION NO. 4095 EA401B/PP 9G113 2041 ROSECRANS AVENUE/ 8311871 SOUTH NASH STREET (BEACH CITIES PLAZA PAGE 5 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 fall 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 stripped median instead of three lanes in each direction with a raised median). The proposed project will not impact the existing situation. G. 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 PMIO standards and encouraging energy conservation features in new building design. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves PP 964B, as follows: 1. Amendment of the land uses of PP 12 -72 to include the land uses allowable under the Zoning Code in the absence of a Precise Plan (Underlying Zone); 2. Amendment of the development standards of PP 12 -72 to include the development standards in the Underlying Zone that are not specifically modified by PP 12 -72, as amended; 3. Amendment of the PP 12 -72 to provide for approval by the Director of Planning and Building Safety of minor modifications to PP 12 -72, as amended; and, 4. Amendment of PP 12 -72 to provide for approval of Beach Cities Plaza Precise Plan Development Plan and Standards, (dated October 5, 1998 and attached hereto as Exhibit A) as guidelines to aid in the administration of the PP 12 -72 as amended. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA -401B (EA- 401B) reaffirming the Mitigated Negative Declaration of environmental impacts for Environmental Assessment - 350 (EA -350), approves PP 964B, and approves the Beach Cities Plaza Precise Plan Development Plan and Standards, (dated October 5, 1998 and attached hereto as Exhibit A) as guidelines to aid in the administration of the PP 12 -72 as amended, subject to the following conditions: RESOLUTION NO. 4095 EA -401 B /PP 9 &1B 2041 ROSECRANS AVENUE/ 8311871 SOUTH NASH STREET (BEACH CITIES PLAZA PAGE 6 PRECISE PLAN DEVELOPMENT PLAN AND STANDARDS [PRECISE PLAN 96 -1B (PP 96 -IB) AND ENVIRONMENTAL ASSESSMENT -401B (EA- 401B)] CONTINENTAL DEVELOPMENT CORPORATION'S BEACH CITIES PLAZA EXHIBIT "A" RESOLUTION NO. 4095 EL SEGUNDO, CALIFORNIA PREPARED FOR: CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 PREPARED BY: VISTA 1278 GLENNEYRE STREET, SUITE 110 LAGUNA BEACH, CALIFORNIA 92561 ADOPTED: NOVEMBER 4, 1998 EXHIBITS Exhibit 1 Regional Location ................................................................. ............................... 1 -2 Exhibit 2 Local Vicinity ........................................................................ ............................... 1 -3 Exhibit 3 Beach Cities Plaza - Development Plan ............................ ............................... 2 -3 Exhibit 4 Beach Cities Plaza - Elevation ........................................... ............................... 2-4 Exhibit 5 Beach Cities Plaza - Circulation Plan ................................ ............................... 2 -5 EXHIBIT "A" RESOLUTION NO. 4095 111 TABLES Table A Key Contact Persons ................................................................. ............................... 1-4 Table B List of Property Owners ........................................................... ............................... 1 -5 TableC Objectives ................................................................................. ............................... 1 -6 Table D Project Statistics ...................................................................... ............................... 2 -6 TableE Off -Street Parking .................................................................... ............................... 2 -7 Table F California Environmental Quality Act Compliance ................ ............................... 4 -2 EXHIBIT "A" RESOLUTION NO. 4095 iv 1.0 INTRODUCTION BACKGROUND 1.0 INTRODUCTION The Beach Cities Plaza Precise Plan Development Plan and Standards 96 -1B (PP 96 -1B) are intended to provide for a more efficient use of land and a better community environment by utilizing more imaginative and innovative planning concepts than are possible under conventional zoning. The precise plan was established to provide specific land uses, and density and intensity limitations on this property. The precise plan takes advantage of the conventional zoning in the establishment of development standards that are based on the City of El Segundo Urban Mixed -Use South (MU -S) District. PROJECT LOCATION AND SETTING Beach Cities Plaza 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)]. Beach Cities Plaza is approximately 6.03 acres (262,900 square feet). The regional location of Beach Cities Plaza is provided on Exhibit 1, and Exhibit 2 provides a local vicinity map. Beach Cities Plaza is a portion of Continental Park. Continental Park 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 precise plan 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 precise plan is in the southwestern portion of Continental Park. Continental Park 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. Beach Cities Plaza has been historically used for general commercial uses since 1972. The City's General Plan designates the site for mixed use (Urban Mixed Use - South) development. Continental Plaza is located within a highly urbanized environment. The topography of the site is fairly 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. EXHIBIT "A" RESOLUTION NO. 4095 1 -1 REGIONAL LOCATION BEACH CITIES PLAZA CONTINENTAL DEVELOPMENT CORPORATION CITY OF EL SEGUNDO EXHIBIT "A" RESOLUTION NO. 4095 VISTA NO SCALE EXHIBIT 1 EXHIBIT "A" RESOLUTION NO. 4095 1.0 INTRODUCTION TABLE A KEY CONTACT PERSONS The Lead Agency Contact: Mr. Bret B. Bernard, AICP Director of Planning and Building Safety Planning and Building Safety Department City of El Segundo 350 Main Street El Segundo, California 90245 Phone (310) 322 -4670, ext. 211 Facsimile (310) 322 -4167 Project Sponsor: Mr. Jerry Saunders Vice President - Planning Continental Development Corporation 2041 Rosecrans Avenue El Segundo, California 90245 Phone (310) 640 -1520 Facsimile (310) 414 -9279 Consultant: Mr. Fred Talarico Principal Planner VISTA 1278 Glenneyre Street, Suite 110 Laguna Beach, California 92651 Source: VISTA EXHIBIT "A" RESOLUTION NO. 4095 Phone (949) 494 -6562 Facsimile (949) 494 -3150 1 -4 Source: VISTA EXHIBIT "A" RESOLUTION NO. 4095 TABLE B PROPERTY OWNER Continental Development Corporation 2041 Rosecrans Avenue El Segundo, California 90245 1 -5 1.0 INTRODUCTION TABLE C OBJECTIVES Objectives 1.0 INTRODUCTION 1. To clarify permitted land uses in the Beach Cities Plaza Development Plan area. 2. Clarification and predictability of development standards that were not modified by the Precise Plan. 3. Establishment of procedures that will allow future development under the Precise Plan to be competitive, in terms of cost and timing, with similar development elsewhere in the MU -S Zone. Source: Continental Development Corporation EXHIBIT "A" RESOLUTION NO. 4095 1 -6 2.0 DEVELOPMENT PLAN INTRODUCTION The Beach Cities Plaza Development Plan provides for the development of approximately 6.03 acres. The Development Plan is provided as Exhibit 3, Elevations as Exhibit 4, and the Circulation Plan as Exhibit 5, and as detailed in the full scale drawings on file in the Planning Division. DEVELOPMENT PLAN Permitted Uses Permitted Uses in the Beach Cities Plaza Precise Plan are as established by the Urban Mixed -Use South (MU -S) Zone, Section 20.38.020 of the El Segundo Municipal Code. Additionally, the following uses are permitted subject to the review and approval of the Director of Planning and Building Safety: 1. Incidental uses such as permanent tables, chairs, signs, outdoor retail operations, push carts, kiosks, and other similar outdoor amenities, provided each use is located in the area designated for incidental uses on the Development Plan (Exhibit 3). 2. Additional uses such as outdoor dining in accordance with Resolution 4034. Permitted Accessory Uses Permitted Accessory Uses in the Beach Cities Plaza Precise Plan are as established by the Urban Mixed -Use South (MU -S) Zone, Section 20.38.025 of the El Segundo Municipal Code. Uses Subiect to an Administrative Use Permit Uses Subject to an Administrative Use Permit in the Beach Cities Plaza Precise Plan are as established by the Urban Mixed -Use South (MU -S) Zone, Section 20.38.030 of the El Segundo Municipal Code. Uses Subiect to a Conditional Use Permit Uses Subject to a Conditional Use Permit in the Beach Cities Plaza Precise Plan are as established by the Urban Mixed -Use South (MU -S) Zone, Section 20.38.040 of the El Segundo Municipal Code. EXHIBIT "A" RESOLUTION NO. 4095 2 -1 2.0 DEVELOPMENT PLAN Adult Business Permits Adult Business Permits in the Beach Cities Plaza Precise Plan are as established by the Urban Mixed -Use South (MU -S) Zone, Section 20.38.045 and Chapter 20.80 of the El Segundo Municipal Code. Prohibited Uses The Prohibited Uses in the Beach Cities Plaza Precise Plan are as established by the Urban Mixed -Use South (MU -S) Zone, Section 20.38.050 of the El Segundo Municipal Code. EXHIBIT "A" RESOLUTION NO. 4095 2 -2 ? ! s ! ! 1 fie tee to" I I I it"'1 11 ►f 1 �las�ei 3�. ...1E ri�i! i PfaK / i I i i a �i a� ' 1�Y — — — — — 3na3nr — — — — — semaoa EXHIBIT "A" RESOLUTION NO. 4095 z 0 o U 0 A U a U Z; M �4 W 0 � o H O <C O W L 5 a W O W�H W W OZ U A y ur z T E:l odn C H O � oar O V 1 <� V W Q W y .p °z L :� :i •ra t 3 i ti 1 .[ -1 _E:z .. S7 axFx 's .fir. « i�: a� fa gm ir' yy x N 4 D � IN • ,. t a. r I • __._ • 9y� ae i i; I l a SA•• '; I R . � � - � YY •� I i � Y ii• � W e• 8 �^ •A I e� Y; a. ri • I I • PF j� AID Yi a Fbp;a ?., " ?S 63 I O ¢' ; •i c :I 2 7: �y m '•. p 9 i1 3 n• -I ti N Vii• 1 N I i� •b y m eY Z ea b 10 44" . sr m• iE. O Z �i ; O � N m N � O i O a 2 tj Z Ala '7 EXHIBIT "A" RESOLUTION NO. 4095 �1 1 �R i r 6� -r p ii i HSYH \� v EXHIBIT "A "s RESOLUTION NO. 4095 Y 1 }9 . t IVyA ma ., II � 3 EI•r q: d =P ld adsl •! i = MN ®d = 0 h o a 0 w U 4 � z � � W U �a HSYH \� v EXHIBIT "A "s RESOLUTION NO. 4095 Y 1 }9 . t IVyA ma ., II � 3 EI•r q: d =P ld adsl •! i = MN ®d = 0 h o a 0 w U 4 � z � � W U O :n ago � aoa Ono <C x W o ZW ~ U 2.0 DEVELOPMENT PLAN TABLE D PROJECT STATISTICS TOTAL PROJECT SITE SIZE 6.03 ACRES (262,900 SQUARE FEET STRUCTURE AT 65,000 SQUARE FEET 831 SOUTH NASH STREET (THEATER) STRUCTURE AT 83,000 SQUARE FEET 2041 ROSECRANS AVENUE Source: Continental Development Corporation and City of El Segundo (Exhibit 3) EXHIBIT "A" RESOLUTION NO. 4095 2 "6 TABLE E 2.0 DEVELOPMENT PLAN OFF- STREET PARKING SUMMARY Source: Continental Development Corporation (Exhibit 3) EXHIBIT "A" RESOLUTION NO. 4095 2 -7 3.0 DEVELOPMENT STANDARDS INTRODUCTION The Beach Cities Plaza Precise Plan Development Standards apply to all uses in the Precise Plan. Except as noted below, all uses within the Precise Plan shall comply with the Site Development Standards in Section 20.38.060 of the El Segundo Municipal Code, or the current comparable Zoning Code section. SITE DEVELOPMENT STANDARDS - 20.38.060 A. General Provisions All uses shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. B. Lot Area The minimum lot area shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. C. Height Buildings and structures shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. D. Setbacks All setbacks shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code, except as modified by the Development Plan (Exhibit 3). E. Lot Frontage Each lot in the Precise Plan shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. F. Building Area The total floor area shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. EXHIBIT "A" RESOLUTION NO. 4095 3 -1 3.0 DEVELOPMENT STANDARDS G. Walls/Fences All walls and fences shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. H. Access All access shall comply with the provisions of Section 20.38.060 of the El Segundo Municipal Code. LANDSCAPING - 20.38.070 All landscaping shall comply with the provisions of Section 20.38.070 of the El Segundo Municipal Code, except as modified by the Development Plan (Exhibit 3). OFF - STREET PARKING AND LOADING SPACES - 20.38.080 All off - street parking and loading spaces shall comply with the provisions of Section 20.38.080 of the El Segundo Municipal Code. Additionally, the following provisions shall apply: 1. Valet parking for any use shall be permitted and encouraged. SIGNS - 20.38.090 All signs shall comply with the provisions of Section 20.38.090 of the El Segundo Municipal Code, except as shown in the approved Master Sign Plan. EXHIBIT "A" RESOLUTION NO. 4095 3 -2 4.0 ADMINISTRATION INTRODUCTION The Beach Cities Plaza Precise Plan shall be administrated in accordance with the City Municipal Code except as noted herein. PRECISE PLAN ADMINISTRATION Administrative Determinations Administrative Determinations shall comply with Section 20.72.020 of the El Segundo Municipal Code. A. Land Use Determinations The Director of Planning and Building Safety may grant administrative determinations related to uses in accordance with Section 20.72.020 of the El Segundo Municipal Code. B. Development Standards Determinations The Director of Planning and Building Safety may grant administrative determinations related to development standards, provided any administrative relief shall not exceed 10% of any development standard. Administrative Use Permit Filim and Review Process Administrative Use Permit Filing and Review Process shall comply with Section 20.72.040 of the El Segundo Municipal Code. Decision Decision shall comply with Section 20.72.040 of the El Segundo Municipal Code. Findings for Approval Findings for Approval shall comply with Section 20.72.045 of the El Segundo Municipal Code. Expeditious Review Process Expeditious Review Process shall comply with Section 20.72.050 of the El Segundo Municipal Code. EXHIBIT "A" RESOLUTION NO. 4095 4 -1 4.0 ADMINISTRATION Planning Commission Review Planning Commission Review shall comply with Section 20.72.060 of the El Segundo Municipal Code. Appeals Appeals shall comply with Section 20.72.070 of the El Segundo Municipal Code. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE The Precise Plan (as previously amended) was approved in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (Guidelines), and City policies adopted to implement the CEQA and the Guidelines. CEQA clearance has been granted by the City as follows: TABLE F CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE Retail /Office /Restaurant and other land uses permitted in the MU -S Zone. Theater source: uity of hi ,�egunao 80,000 square feet net floor area 18- screens (3,550 seats) The CEQA clearance indicated above is not reflective of the maximum square feet permitted by the Precise Plan, which is 341,770 square feet (262,900 square feet of lot area times 1.3 FAR = 341,770 square feet). Additional CEQA clearance may be granted in one (1) of the following two (2) methods. 1. Exceed Clearance: Approval of an amendment to this Precise Plan in accordance with CEQA and City requirements to exceed the thresholds indicated in Table F. EXHIBIT "A" 4 -2 RESOLUTION NO. 4095 4.0 ADMINISTRATION 2. Within Clearance: Approval of an administrative finding by the Director of Planning and Building Safety in accordance with Section 4.0 of this Precise Plan. The Director of Planning and Building Safety must find that the proposed use and density /intensity does not exceed the CEQA clearance established in Table F. EXHIBIT "A" RESOLUTION NO. 4095 4 -3 APPENDIX A RESOLUTION NO. 2432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS SPECIFIC (PRECISE) PLAN NO. 12. WHEREAS, under the provisions of Title 20 (The Comprehen- sive Zoning Ordinance) of the "E1 Segundo Municipal Code" and the laws of the State of California applicable to such matters, Continental Develop- ment Corporation has filed its petition for the adoption of Specific (Precise) Plan No. 12; and WHEREAS, said Plan is for property located in the City of El Segundo, County of Los Angeles, State of California, more particularly described as follows: BEGINNING at the point of intersection of the center line . of Roscrans Avenue (100 feet wide), said line also being the southerly line of Section 18, Township 3 South, Range 14 West, SBB & M, and the center line of Nash Street (80 feet wide); thence North 890 57' 34" West a distance of 338.00 feet; thence North 0° 02' 26" East a distance of 50 feet to a point in the northerly line of Rosecrans Ave- nue, said point being the true point of beginning; thence South 890 57' 34" East a distance of 268.00 feet to a point of tangency with a curve concave Northwest, having a cen- tral angle of 900 and a radius of 30.00 feet; thence along an arc of said curve a distance of 47. 12 feet to a point of tangency with a line parallel to and 40. 00 feet westerly of the said center line of Nash Street; thence North 0° 02' 26" East along the westerly line of Nash Street a distance of 614. 07 feet to a point of tangency with a curve concave westerly having a central angle of 100 13' 42" and a radius of 2, 122. 09 feet; thence along an arc of said curve a dis- tance of 378. 83 feet to a point in the southwesterly line of The Atchison, Topeka and Santa Fe Railway Company's right -of -way; thence South 430 25' 18" West along said southwesterly line a distance of 384.77 feet to a point; thence South 00 02' 26" West a distance of 741.24 feet to the true point of beginning; and WHEREAS, said Plan was submitted to the Planning Commission of the City of El Segundo, and after a hearing duly and regularly held, was approved and recommended for adoption by the City Council; and WHEREAS, the City Council of the City of El Segundo has duly and regularly held a public hearing on said Plan; and WHEREAS, the City Council of the City of El Segundo has now acquired jurisdiction to adopt this resolution; EXHIBIT "A" RESOLUTION NO. 4095 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Specific (Precise) Plan No. 12 herein-- above referred to as approved by the Planning Commission of the City of El Segundo in its Resolution No. 749, be and the same is hereby approved and adopted upon the following conditions: (1) That the driveway north of Building No. 5 be relocated to align with the right -of -way of Park Place; (2) That the loading spaces located at the rear of Buildings Nos. 4 and 5 shall be relocated so as not to interfere with internal vehicu- lar circulation; No. 3; (3) That two loading spaces shall be provided for Building, (4) That, -if, at a later date, it is determined by the City that a traffic hazard exists as a result of the location of the driveways on Rosecrans Avenue or Nash Street, the applicant, at its expense, shall correct such problem to the satisfaction of the City; (5) That this Specific (Precise) Plan does not show the interior design of the parking garages, therefore, approval of said Plan shall be sub- ject to the developer providing a minimum of 653 off - street parking spaces. If the use of any building is changed to a use requiring more off - street park- ing spaces, such additional required spaces shall be provided;. (6) That specific trash and rubbish storage areas for each build- ing shall be provided in accordance with the requirements of the Director of Public Works; (7) That a deceleration lane on Rosecrans Avenue-be dedicated and improved according to the requirements of the City Engineer in substantially the location and dimension shown on the plan dated March 22, 1972 and filed with the City Clerk on March 27, 1972; (8) That construction shall commence within one year from March 27, 1972, and that this Specific (Precise) Plan shall become null and EXHIBIT "A" -2- RESOLUTION NO. 4095 void if construction has not commenced within said time. SECTION 2. That the applicant is informed that the City Council does not, by this action, intend to impair its authority to modify the traffic and circulation restrictions in the neighborhood of applicant's property if the need arises to make such modification. SECTION 3. That the City Clerk is hereby authorized and directed to endorse the said Plans as hereby approved and adopted by the City Council. Said Plans are on file in the office of the City Clerk for public inspection and by this reference incorporated in this resolution and made a part hereof. adoption. SECTION 4. That this resolution shall become effective upon SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolu- tions 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 at which the same is passed and adopted. PASSED, APPROVED 1 ATTEST: Jane D. Hough City Clerk (SEAL) By:� Qcti Deputy EXHIBIT "A" RESOLUTION NO. 4095 -3- STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO. SS I, JANE D. HOUGH, , 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. 2432 i 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 27th a held on the da y of March 197 2 i I'I and that the same was so passed and adopted by the follow. ing vote: AYES: Councilmen. Balmer, McGill, Morgan, Nagel and Mayor Stephens; i NOES: Councilmen None ABSENT: Councilmen None WITNESS my hand and the official seal of said City this 5th day of April 1972 a, 'j• fi�itvClerk of a City of egun o California (SEAL) !, EXHIBIT "A" RESOLUTION NO. 4095 APPENDIX B RESOLUTION NO. 749 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF THE REQUEST FOR A SPECIFIC (PRECISE) PLAN, WITH CONDITIONS, FROM CONTINENTAL DEVELOP- - " MENT CORPORATION TO CONSTRUCT THREE COMMERCIAL BUILDINGS TO BE USED FOR OFFICES, RESTAURANT, SAVINGS AND LOAN, AND RELATED PARKING FACILITIES ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST . CORNER OF NASH STREET AND ROSECRANS AVENUE. WHEREAS, an application was received on January 7, 1972, from Continental Development Corporation, 4519 Admiralty Way, Suite 201, Marina del Rey, for a specific (precise) plan to construct three commercial buildings to be used for offices, service -type facilities, and related parking facilities, on property generally located at the northwest corner of Nash Street and Rosecrans Avenue, more particularly described as follows: Beginning at the point of intersection of the centerline of Rosecrans Avenue (100 feet wide), said line also being the southerly line of Section 18, Township 3 South, Range 14 West, SBB & M, and the centerline of Nash Street (80 feet wide), thence north 890 57' 34" west a distance of 338.00 feet, thence north 00 02' 26" east a distance of 50 feet to a point in the northerly line of Rosecrans Avenue, said point being the true point of beginning; thence south 89 57' 34" east a distance of 268.00 feet to a point of tangency with a curve concave northwest, having a central angle of 900 and a radius of 30.00 feet; thence along an arc of said curve a distance of 47.12 feet to a point of tangency with a line parallel to and 40.00 feet westerly of the said centerline of Nash Street, thence north 00 02' 26" east along the westerly line of Nash Street a distance of 614.07 feet to•a point of tangency with a curve concave westerly having a central angle of 100 13' 42" and a radius of 2,122.09 feet, thence along an arc of said curve a distance of 378.83 feet to a point in the southwesterly line of the Atchison, Topeka and Santa Fe Railway right -of -way, thence south 430 25' 18" west along said southwesterly line a distance of 384.77 feet to a point, thence south 00 02' 26" west a distance of 741.24 feet to the true point of beginning; and EXHIBIT "A" RESOLUTION NO. 4095 0 �t WHEREAS, 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, in the City of E1 Segundo on January 26, 1972; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence both for and against the proposed request; and WHEREAS, Gordon T. Stephens and George Phillips spoke, and no other persons offered to speak; NOW, THEREFORE, BE IT RESOLVED, that as a result of said hearing, the following facts were established: 1. The subject site constains some 6.1 acres or 262,240 square feet of area and is zoned M -2, Heavy Manufacturing. 2. The property to the east across Nash Street is zoned M -2 and is vacant except for a small bank building and related parking facilities. 3. Property to the west, across the railroad tracks is zoned M -2 and developed for heavy industrial purposes. 4. Property to the north is developed with light industrial buildings which are presently being used for offices. BE IT FURTHER RESOLVED, that as a result of said hearing, the Commission finds as follows: 1. Section 20.50.020 PURPOSE OF PRECISE PLAN, of the "E1 Segundo Municipal Code" reads as follows: "Wherein'the zoning map establishes only zone boundaries and the text of the title establishes the permitted use of land in the various zones and the conditions applica- ble to the use, a precise plan, as the term is employed in this chapter, has a two fold-(sic) purpose: "(1) To apply the provisions and requirements of the title in precise detail by means of a map, including possible streets, alleys- and other public dedications, the establishment of which would be accomplished in the manner otherai__se provided by law; the design and place- ment of essential related facilities such as off - street parking, loading and unloading areas, points of ingress and. egress, particularly related to bordering traffic flow; placement and arrangement of buildings; and other subjects not included in this title but which are EXHIBIT "A" RESOLUTION NO: 4095 essential to public safety and general welfare, such as controlling the pattern and flow of traffic and such other related details as represent modern specialized land development and use. "(2) Similar plans for the consolidated use of subdivided _ property, the dimensions, shape and size of which do not individually lend themselves advantageously to any form of modern land utilization. "The precise plans shall be adopted in the manner prescribed for amending the zoning map, and the precise plans, when so adopted, shall constitute an amendment of the zoning map as to zone classification, where involved; and the details of the precise plan shall supersdde and shall take the place of the requirements and conditions upon the use of land as established by this title, insofar as the property contained in the precise plan is concerned. "A precise plan, when adopted as herein provided, shall be considered as being a precise plan within the full meaning of the state Conservation and Planning Act and, because the adoption of the precise plan accomplishes both the amendment of the zoning map and the establish- ment of detailed subjects other than zoning matters, separate but concurrent proceedings shall be employed. The resulting precise plan shall be separately recorded both as a component of the comprehensive master plan and a"S an amendment to this title." 2. The proposed commercial buildings will have no detri- mental effects on the abutting properties or uses if developed in accordance with the conditions as set forth herein. AND FURTHER RESOLVED, that in view of the above facts and findings, and pursuant to Section 20.50.020 of the "E1 Segundo Municipal Code," the Planning Commission hereby recommends to the City Council approval of the request for a specific (precise) plan from Continental Development corporation, 4519 Admiralty way, Suite 201, Marina ae1 Rey, to construct three commercial buildings to be used for offices, service -type facilities, and related park- ing facilities, on property generally located at the northwest corner of Nash Street and Rosecrans Avenue, subject to the follow- ing conditions: 1. That the driveway north of Building No. 5 be relocated to align with the right -of -way of Park Place. EXHIBIT "A" RESOLUTION NO. 4095 942 Rll 2. The loading spaces located at the rear of Building Nos. 4 and 5 shall be relocated so as not to interfere with internal vehicular circulation. 3. Two loading spaces shall be provided for Building No. 3. 4. If, at a later date, it is determined by the City that a traffic hazard exists as a result of the location of the driveways on Rosecrans Avenue or Nash Street, the applicant, at its expense, shall correct such problem to the satisfaction of the City. 5. The plans submitted to this Commission do not show the interior design of the parking garages. Therefore, the approval of the development should be subject to the developer providing a minimum of 653 off - street parking spaces. If the use of a building is changed to a use requiring more off - street parking spaces, such additional required spaces shall be provided. 6. Specific trash and rubbish storage areas for each build- ing shall be provided in accordance with the requirements of the Director of Public Works. 7. In accordance with Section 20.96.020. EXPIRATION., of the "E1 Segundo Municipal Code," the applicant has one year from the date of approval of the specific (precise) plan application by the City Council in which to exercise the application. If not exercised within that time, the specific (precise) plan becomes null and void. AND FURTHER RESOLVED, according to the "E1 Segundo Municipal Code," within ten days following the adoption of this resolution, the secretary of the Planning Commission shall mail a copy of this resolution to the applicant at the address shown on the application and to any other person requesting a copy of same. FINALLY RESOLVED, that a copy of this resolution shall be forwarded to the City Council for its action as prescribed by law. PASSED, APPROVED AND ADOPTED Philip A. Hu y, Acting air- man of the Planning Compission of the City of E1 Segundo, California EXHIBIT "A" RESOLUTION NO. 4095 this 26th day of January, 1972. 1. � • �E�.. Ernest B. Reid —� Director of Planning City of E1 Segundo California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, ERNEST B. REID, Secretary of the City Planning Commission of the City of El Segundo, do hereby certify that the fore- going is a full, true, and correct copy of a resolution of the Planning Commission of the City of E1 Segundo, California, and that said resolution which was approved at the Planning Commission meeting of January 26, 1972, and was so passed by the following vote: AYES: Chairman Huey, Commissioners Charland, Wiegers and Woodward NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this26th day of January, 1972. Ernest B. Reid, Secretary of the Planning Commission of the City of El Segundo, California EXHIBIT "A" RESOLUTION NO. 4095 APPENDIX C ;r RESOLUTION NO. 2483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING AN AMENDMENT TO SPECIFIC (PRECISE) PLAN NO. 12. WHEREAS, on March 27, 1972, the City Council of the City .S of El Segundo adopted Resolution No. 2432, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS SPECIFIC (PRECISE) PLAN NO. 12. ", and by said Resolution, adopted Specific (Precise) Plan No. 12, and WHEREAS, on March 2, 1973, an application was made by Continental Development Corporation to amend said Plan; and WHEREAS, said Plan is for the property described as: BEGINNING at the point of intersection of the center line of Rosecrans Avenue (100 feet wide), said line also being the southerly line of Section 18, Township 3 South, Range 14 West, SBB & M; and the center line of Nash Street (80 feet wide); thence North 890 57' 34" West a distance of 338. 00 feet; thence North 0' 02' 26" East a distance of 50 feet to a point in the northerly line of Rosecrans Ave- nue, said point being the true point of beginning; thence South 89° 57' 34" East a distance of 268. 00 feet to a point of tangency with a curve concave Northwest, having a cen- tral angle of 90° and a radius of 30.00 feet; thence along an arc of said curve a distance of 47. 12 feet to a point of ' tangency with a line parallel to and 40. 00 feet westerly of the said center line of Nash Street; thence North 0° 02' 26" East along the westerly line of Nash Street a distance of 614. 07 feet to a point of tangency with a curve concave westerly having a central angle of 10° 13' 42" and a radius of 2, 122. 09 feet; thence along an are of said curve a dis- tance of 378. 83 feet to a point in the southwesterly line of The Atchison, Topeka and Santa Fe Railway Company's right -of -way; thence South 43° 25' 18" West along said southwesterly line a distance of 384. 77 feet to a point; thence South 0° 02' 26" West a distance of 741.24 feet to the true point of beginning, and said amendment to the Plan was submitted to the Planning Commission of the City of El Segundo, and after hearing duly and regularly held, was approved and recommended for adoption by the City Council; and WHEREAS, the City Council of the City of El Segundo has duly and regularly held a public hearing on said amendment to said Plan; and WHEREAS, the City Council of the City of El Segundo has acquired jurisdiction to adopt this resolution; EXHIBIT "A" RESOLUTION NO. 4095 ��a3' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Amendment to Specific (Precise) Plan No. 12 hereinabove referred to as approved by the Planning Commission of the City of El Segundo in its Resolution No. 773, be and the same is hereby approved and adopted upon the following conditions: 1. That a toll gate or any other such device shall not be placed at or near the vehicular entrances tp Building No. 4 in any way that could restrict the free passage of vehicles through to the rear of the first floor of the structure. The location of any toll gate shall be approved by the Director of Building Safety. 2. That Building No. 4 shall be provided with two loading spaces or one loading space with a minimum of 800 square feet, and be so located , so as not to interfere with internal vehicular circulation, such location shall be approved by the Director of Building Safety. 3. That the loading spaces shall be indicated on the floor plan for level one, prior to issuance of the permit. 4. That the development be required to provide a minimum of 723 off - street parking spaces and that if the use of any building is changed to a use requiring more off - street parking spaces, such additional required . spaces shall be provided. 5. Trash and rubbish storage areas for Building No. 4 shall be provided in accordance with the requirements of the Director of Public Works. 6. The applicant shall, in accordance with City Council Resolution No. 2472, pay all costs incurred by the City for the preparation of the NEGA- TIVE DECLARATION on this project. SECTION 2. That the City Clerk is hereby authorized and directed to endorse the Amendment to said Plan as hereby approved and adopted by the City Council. Said Plan is on file in the office of the City Clerk for public inspec- tion and by this reference incorporated in this resolution and made a part hereof. SECTION 3. That this resolution shall become effective upon adop- tion. EXHIBIT "A" -2- RESOLUTION NO. 4095 J,J33 STATE OF CALIFORNIA. ) COUNTY OF LOS ANGELES, ) SS CITY OF EL SEGUNDO. ) I, JANE D. HOUGH, , -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. 2483 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 29th day of May , 197 3 and that the same was so passed and adopted by the following vote: AYES: Councilmen McGill, Morgan, Nagel and Mayor Balmer NOES: Councilmen None ABSENT: Councilmen None NOT VOTING: Councilman Stephens. WITNESS my hand and the official seal of said City this 30th day of May , 19Z-1 (SEAL) d c cam. /l,P . /Z c e-�f �✓ _ — i y Laerx or a katy o Z]"egundo California SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the hook of original resolutions of said City, and shall make a minute of the passage and adop- tion thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 29th day of May 1973. Mayor of the City o f egun o, a orma. ATTEST: itY Uterx (SEAL) EXHIBIT "A" RESOLUTION NO. 4095 -3- "•4 1, It APPENDIX D s RESOLUTION NO. 773 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA RECOMMENDING ADOPTION OF PROPOSED AMENDMENT TO PRECISE PLAN No. 12 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NASH STREET AND ROSECRANS AVENUE WITHIN SAID CITY, WHEREAS, the City 'Council of the City of E1 Segundo, California, on March 27, 1972 adopted Resolution No. 2432 approving with certain conditions Precise Plan No. 12 for Continental bevelopment Corporation; and WHEREAS, an application has been received by the Planning Depart- ment from Continental Development Corporation to amend Precise Plan No. 12 by changing the design of parking facilities and office spaces of said Plan; and WHEREAS, the property involved in the above application is located at the Northwest corner of Nash Street and Rosecrans Avenue, commonly known as 871 Nash Street, and more particularly described as follows: Beginning at the point of intersection of the centerline of Rosecrans Avenue (100 feet wide), said line also being the southerly line of Section 18, Township 3 South, Range 14 West, SBB & M, and the centerline of Nash Street (80 feet wide), thence north 890 57' 34" West a distance of 338.00 feet, thence north 00 02' 26" East a distance of 50 feet to a point in the northerly line of Rosecrans Avenue, said point being the true point of beginning; thence South 890 57' 34" East a distance of 268.00 feet to a point of tangency with a curve concave Northwest, having a central angle of 900 and a radius of 30.00 feet; thence along an arc of said curve a distance of 47.12 feet to a point of tangency with a line parallel to and 40.00 feet Westerly of the said centerline of Nash Street, thence North 00 02' 26" East along the Westerly line of Nash Street, a distance of 614.07 feet to a point of tangency with a curve concave Westerly having a central angle of 100 13' 42" and a radius of 2,122.09 feet, thence along an arc of said curve a distance of 378.83 feet to a point in the Southwesterly line of the Atchison, Topeka and Santa Fe Railway right -of -way, thence South 430 25' 18" EXHIBIT "A" RESOLUTION NO. 4095 West along said Southwesterly line a distance of 384.77 feet to a point, thence South Oo 02' 26" West a distance of 741.24 feet to the true point of beginning. WHEREAS, the Planning Commission, as a result of the above application did, pursuant to law, hold an advertised public hearing on such matter in the Council Chamber of the City gall of said City on April 12, 1973 and continued said hearing to April 26, 1973; and WHEREAS, the Planning Commission did, on April 26, 1973, hold a public hearing on said matter and an opportunity was given to all persons to present testimony or documentary evidence for or against the proposed amendment to Precise Plan No. 12; and' WHEREAS, as a result of said hearing, the following facts were established: and 1. Increase in leasable area (approximately 32,500 square feet. 2. Ability to more adequately separate the parking from office areas. 3. A better separation of the vehicular noises from the leasable area; WHEREAS, in view of the above facts, the Planning Commission finds as follows: 1. The changes are not of substantial redesigning. 2. That it permitted a more efficient usage of the building for the project. 3. The parking facilities still meet the code re- quirements for the proposed uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the City Council of the City of E1 Segundo, California, the adoption of the proposed amendment to Precise Plan No. 12 for Continental Development Corporation to change the design of the parking facilities and office spaces of said Plan for the :roperty hereinabove described, with the following conditions: EXHIBIT "A" RESOLUTION NO. 4095 1. That a toll gate or any other such device shall not be placed at or near the vehicular entrances to Building No. 4 in any way that could restrict the free passage of vehicles through that structure. 2. That Building No. 4 shall be provided with two loading spaces or one space with a minimum of 800 square feet, and be so located so as not to interfere with internal vehicular circulation. 3. That the loading space shall be indicated on the floor plan for level one, prior to issuance of the permit. 4. That the development be required to provide a minimum of 723 off - street parking spaces and that if the use of any building is changed to a use requiring more off - street parking spaces, such additional required spaces shall be provided. 5. Trash and rubbish storage areas for Building No. 4 shall be provided in accordance with the requirements of the Director of Public Works. 6. The applicant shall, in accordance with City Council Resolution No. 2472, pay all costs incurred by the City for the preparation of the NEGATIVE DECLARATION on this project. FINALLY RESOLVED, that a copy of this resolution shall be forwarded to the City Council for its action as prescribed by law. PASSED, APPROVED, AND ADOPTED this 26th day of April, 1973. j Peter D. Charland, Chairman of zhe Planning Commission of the C;ty of E1 Segundo, California EXHIBIT "A" RESOLUTION NO. 4095 Edward R. Loverde, Director of Planning of the City of E1 Segundo, California APPENDIX E RESOLUTION NO. 2601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS AN AMENDMENT TO SPECIFIC (PRECISE) PLAN NO, 12 AS AMENDED BY PRECISE PLAN NO. 3 -73. (CONTINENTAL DE- VEL6PMENT CORPORATION) WHEREAS, on March 27, 1972, the City Council of the City of El Segundo adopted Resolution No. 2432, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING WITH CERTAIN CONDITIONS SPECIFIC (PRECISE) PLAN NO. 12. ", and, by said resolution, adopted Specific (Precise) Plan No. 12; and WHEREAS, on May 29, 1973, the City Council of the City of El Segundo adopted Resolution No. 2483, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING AN AMENDMENT TO SPECIFIC (PRECISE) PLAN NO. 12. ", and, by said Resolution, adopted an Amendment to Specific (Precise) Plan No. 12; and WHEREAS, at the request of the applicant and upon the written recommendation of the Director of Planning the Planning Commission con- sidered an amendment to Continental Development Corporation's Specific (Precise) Plan No. 12, as amended, and set such amendment for public hear- ing and after a hearing duly and regularly held approved and recommended for adoption by the City Council an amendment to Specific (Precise) Plan No. 12, as amended, and WHEREAS, said Plan is for property described as: BEGINNING at the point of intersection of the center line of Rosecrans Avenue (100 feet wide), said line also being the southerly line of Sec- tion 18, Township 3 South, Range 14 West, SBB & M, and the center line of Nash Street (80 feet wide); thence North 890 57' 34" West, a distance of 338.00 feet; thence North 0° 02' 26" East a distance of 50 feet to a point in the northerly line of Rosecrans Avenue, said point being the true point of beginning; thence South 890 57' 34" East a distance of 268. 00 feet to a point of tangency with a curve concave Northwest, having a central angle of 90° and a radius of 30.00 feet; thence along an are of said curve a distance of 47. 12 feet to a point of tangency with a line parallel to and 40. 00 feet westerly of the said center line of Nash Street; thence North 0° 02' 26" East along the west- erly line of Nash Street a distance of 614. 07 feet to a point of tangency EXHIBIT "A" RESOLUTION NO. 4095 with a curve concave westerly having a central angle of 100 13' 42" and a radius of 2, 122.09 feet; thence along an arc of said curve a dis- tance of 378.83 feet to a point in the southwesterly line of The Atchison, Topeka and Santa Fe Railway Company's right -of -way; thence South 4j- 251 18" West along said southwesterly line a distance of 384. 77 feet to a point; thence South 0° 02' 26" West a distance of 741.24 feet to the true point of beginning; and WHEREAS, the City Council of the City of E1 Segundo has duly and regularly held a public hearing on said amendment to said Plan; and ( WHEREAS, the City Council of the City of El Segundo has acquired jurisdiction to adopt this resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETER- MINE AND ORDER AS FOLLOWS: SECTION 1. That Specific (Precise) Plan No. 12, as amended by Precise Plan No. 3 -73, is hereby amended in the following particulars: 1. The plans shall be modified to show that the driveway configura- tion will provide positive one -way travel. 2. A standard "Stop" sign and "Exit Only" sign shall be installed at locations to be approved by the Director of Public Works; 3. A sidewalk shall be installed along Rosecrans Avenue between Nash Street and the westerly property line subject to the approval of the Director of Public Works. 4. The curb cut on Rosecrans Avenue shall not be used for ingress of vehicles without the review and approval of the Planning Commission and the City Council. SECTION 2. The foregoing modifications will result in a reduction of seventeen parking spaces which reduction is hereby approved because the pro- ject will still provide thirty -one parking spaces in excess of that set forth in Reso- lution No. 2483. SECTION 3 Upon recommendation of the Planning Commission the City Engineer and the City Attorney be and they hereby are instructed to initiate proceedings. to vacate that portion of Rosecrans Avenue previously dedi- dated to the City for street purposes. EXHIBIT "A" RESOLUTION NO. 4095 -2- i �. SECTION 4. The City Clerk is hereby authorized and directed to endorse the Amendment to said Plan as hereby approved and adopted by the City Council. Said Plan is on file in the office of the City Clerk for public inspection and by this reference incorporated in this resolution and made a part hereof. SECTION 5. This resolution shalt become effective upon adoption. SECTION 6. The City Clerk shall certify to the passage and adop- tion of this resolution; shall enter 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 at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 7th day of _January 1975. ATTEST: l/a,� ity er (SEAL) EXHIBIT "A" RESOLUTION NO. 4095 Mayor o e Ci y£" oI'E1 egun o, a i orma.. -3- APPENDIX F RESOLUTION NO. 832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENT TO PRECISE PLAN NO. 12 AS AMENDED BY PRE- CISE PLAN NO. 3 -73 FOR PROPERTY LOCATED WITHIN SAID CITY (2041 EAST ROSECRANS AVENUE) WHEREAS, an application was made by Continental. Development Corporation to amend ?recise Plan No. 12 as amended by Precise Plan No. 3 -73, by eliminating the deceleration lane as set forth in Condition No. 7 of City Council's Resolution No. 2432 and revising the parking configuration on both the north and west sides of the structure located at 2041 East Rosecrans Avenue, more particularly described as follows: Beginning at the point of intersection of the centerline of Rosecrans Avenue (100 feet wide), said line also being the southerly line of Section 18, Township 3 South, Range 14 West, SBB & M, and the centerline of Nash Street (80 feet wide); thence north 890 57' 34" west, a distance of 338.00 feet; thence north 00 02' 26" east a distance of 50 feet to a point in the northerly line of Rosecrans Avenue, said point being the true point of beginning; thence south 890 57' 34" east a distance of 268.00 feet to a point of tangency with a curve concave northwest, having a central angle of 900 and a radius of 30.00 feet; thence along an arc of said curve a distance of 47.12 feet to a.point of tangency with a line parallel to and 40.00 feet westerly of the said centerline of Nash Street; thence north 00 02' 26" o<,st along the westerly line of Nash Street a distance of 614.07 feet to a point of tangency with a curve concave westerly h =veiny a central angle of 100 13' 42" and a radius of 2,122.09 feet; thence along an arc of said curve a distance of 378.83 feet to a point in the southwesterly line of the Atchison, Topeka and Santa Fe Railway right -of -way; thence south 430 25' 18" west along said southwesterly lire a distance of 384.77 feet to a point; thence south 00 02' 26" west a distance of 741.24 feet to the true point of beginning; and WHEREAS, the Planning Commission did, pursuant to law, hold a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, in the City of E1 Segundo, on December 12, 1974; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against the proposed amend- ment; .WHEREAS, at said hearing, the following facts were established: 1. The southwest satelite portion of Building No. 3 is being leased by the Bank of America. 2. The plan for the improvements for the Bank include a drive - through teller lane on the west side of the building. EXHIBIT "A" RESOLUTION NO. 4095 3. This design permits only exiting of vehicles at the Rosecrans Avenue curb cut. 4. The deceleration lane was required when previous plans permitted both ingress and egress off Rosecrans Avenue. 5. The revision of the parking configuration on the north and the west sides of the facility will facilitate an orderly flow of traffic into the two bank depositories. 6. The modification of parking will result in an overall reduction of seventeen parking spaces, however, the project will still be providing thirty -one parking spaces in excess of that set forth in Resolution No. 2483. WHEREAS, after considering the above facts and study of the proposed amendment, the Planning Commission finds: 1. The need for the deceleration lane will be eliminated. 2. Ample parking will be provided. 3. These modifications will be beneficial to the development and the general area. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the City Council, the adoption of the amendment to Precise Plan No. 12 as amended by Precise Plan No. 3 -73, submitted by Continental Development Corporation, with the following conditions: 1. Driveway configuration shall be modified to provide positive one -way travel as shown on the plan. Construction shall be similar to street intersection design including curbs rather than standard driveway apron. 2. Developer shall install standard "stop" sign and "exit only" sign at locations to be approved by the Director of Public Works. 3. Developer shall install sidewalk along Rose- crans Avenue between Nash Street and westerly property line to be approved by the Director of Public Works. 4. The subject curb cut on Rosecrans Avenue cannot be used for the ingressing of vehicles without the review and approval of the Planning Commission and City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Planning Com- mission recommends to the City Council that that portion of Rosecrans Avenue previously dedicated to the City for the purpose of a decel- eration lane, be vacated. FINALLY RESOLVED, that a copy of this Resolution shall be forwarded to the City Council for its action as prescribed by law. PASSED, APPROVED AND ADOPTED, this 12th day of December, 1974. t oyd Carr, Jr., Viv airman or the Planning Commission of the City of E1 Secundo, California EXHIBIT "A" RESOLUTION NO. 4095 Pdo:ard R. Lo.erde Se cretar_� of the Planninc Co :r..ission of the City of -1 ce_,nao, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, EDWARD R. LOVERDE, Secretary of the Planning Commission of the City of E1 Segundo, do hereby certify that the fore- going is a full, true, and correct copy of a resolution of the Planning Commission of the City of El Segundo, California, and that said resolution which was approved at the Planning Commission meeting of December 12, 1974 was so passed by the following vote: AYES: Commissioners Christensen, Young and Vice Chairman Carr NOES: Commissioner McLees ABSENT: Chairman Charland ABSTAIN: None IN WITNESS WHEREOF, I hav hereunto set my a this of Edward R. Loverde, Secretary of the Planning Commission of the City of E1 Segundo, California EXHIBIT "A" RESOLUTION NO. 4095 C ;:)I.- eace Spaca ­.335 Df_ice, A7' 1 7 C,. it S 9 is- Fl-or F ic o- r z or 26,74,06 50 5 71cor - - - 12 6C 1 15 Va=:- .v_- 'cline Struc. 1::2,' 5= lC7,013 3 Cf m vft %5 210 i 04 WOIS+ offica 137 3 I'll TO�ai Raquired. S 4 -7 41.' 2 2 2 -7 �j C-IA Alfr;LA A n I A - .4 A EXHIBIT "A" RESOLUTION NO. 4095 -7 -;p -2 3 _... _...APPENDIX-...._._._ - - - - -- RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYINGAMIIIGATFD 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 3550 SEAT MOVIE THEATER, CONVERSION OF AN OFFICE BUILDING TO RETAIL/OFFICE, AND JOINTUSE PARKING AT2041 Ii 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 M 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 lair, 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, 1195 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. EXHIBIT "A" - RESOLUTION NO. 4095 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. EXHIBIT "A" RESOLUTION NO. 4095 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 ASSESSAfENT 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 ASSESSAI NT 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 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 S 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 (CEQAk 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 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 525.00 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. 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: EXHIBIT "A" RESOLUTION NO. 4095 3 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 10-13, and AQ 12 -1.2, which relate to requiring conformance with the SCAOMD 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: i. 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 EXHIBIT "A" RESOLUTION NO. 4095 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. 2. Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time library services mitigation fee of 50.03 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 50.14 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. EXHIBIT "A" RESOLUTION NO. 4095 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 shall be 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 retall/office building shall be no less than 34 feet in width. EXHIBIT "A" 6 RESOLUTION NO. 4095 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. EXHIBIT "A" RESOLUTION NO. 4095 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 day 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. 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 minim ze dust. EXHIBIT "A" RESOLUTION NO. 4095 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. /•y91 T.11 la /r y Morti0t ty Clerk (SEAL) APPROVED AS TO FORA eland C. Dolley, City Attorney EXHIBIT "A" RESOLUTION NO. 4095 PASSED, APPROVED AND ADOPTED this 2nd day of. 7` 1995. ✓�- arlJacobson' Mayor of the City of EI Segundo, California EAM -CO-M STATE OF CALIFORNIA J COUNTY OF LOS ANGELES j SS CITY OF EL SEGUNDO J 1, 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 W R ESEN City Clerk of the City of El Segundo, California (SEAL) EXHIBIT "A" RESOLUTION NO. 4095 APPENDIX H RESOLUTION NO. 4034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 401(EA401) 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 8319 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 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, EXHIBIT "A" RESOLUTION NO. 4095 1 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); EXHIBIT "A" RESOLUTION NO. 4095 2 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 underivina 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 for the unoertvmg 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 [Interstate405 (I- 405)]. The project area is EXHIBIT "A" RESOLUTION NO. 4095 3 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. is. 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. EXHIBIT "A" RESOLUTION NO. 4095 4 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 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 1. 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 EXHIBIT "A" RESOLUTION NO. 4095 5 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. C. 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 finds 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 EXHIBIT "A" RESOLUTION NO. 4095 6 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- 1.1 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. 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: 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: 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 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. EXHIBIT "A" RESOLUTION'NO. 4095 7 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 EXHIBIT "A" 8 RESOLUTION NO. 4095 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); e. 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. EXHIBIT "A° RESOLUTION NO. 4095 9 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, EXHIBIT "A" 10 RESOLUTION NO. 4095 causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA401 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: Crindy Mortesen, City'Clerk, (SEAL) APPROVED AS TO FORM: Mark D. ensley, City Attorney EXHIBIT "A" RESOLUTION NO. 4095 11 Sandra Jacobs, Mayor of the City.of El Segundo, California p:\prqjects\ea401\ea401-cc.res APPENDIX I RESOLUTION 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)9 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); EXHIBIT "A" RESOLUTION NO. 4095 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. 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. EXHIBIT "A" RESOLUTION NO. 4095 2 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 a 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-40 IA 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, 3. 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. EXHIBIT "A" RESOLUTION NO. 4095 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. 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 reviewed 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 1. 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. EXHIBIT "A" RESOLUTTON NO. 4095 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. f. 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 OE 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. 3. 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: EXHIBIT "A" RESOLUTION NO. 4095 5 I 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 be 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. EXHIBIT "A" RESOLUTION NO. 4095 6 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. 8. 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 'ordon, Mayor of the ATTEST: City of El Segundo, California Ymdy Mort . er% City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney EXHIBIT "A" RESOLUTION NO. 4095 7 p:\proiects \401 - 425 \ea401 \ea401ac2.res 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 -Tem Jacobs, Councilmembers McDowell, Gaines, Wernick NOES: None ABSENT: None ABSTENTION: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 5d' day of June, 1998. l did" Mode i C Y y EXHIBIT "A" RESOLUTION NO. 4095 Clerk, ty of El S undoC, t California EAL)