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1997 SEP 16 CC PACKET - 2PLEASE PLACE THE FOLLOWING PAGES IN YOUR PACKET UNDER: B. SPECIAL ORDERS OF BUSINESS 4 . Public Hearing on Environmental Assessment EA 401 and Precise Plan Amendment P.P. 96 -1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870, & 871 South Nash Street, related to the theaters and adjacent retail /office building. CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Meeting Date: September 11, 1997 TO: Honorable Chairman and Planning Commissioners FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety THROUGH: Laurie B. Jester, Senior Planner �4 STAFF PLANNERS: Fred Talarico, Contract Planner Paul Garry, Assistant Planner p-9 SUBJECT: Environmental Assessment EA-401 and Precise Plan 96 -1 (Fourth Amendment to PP 12 -72) 2041 Rosecrans Avenue and 831 and 871 South Nash Street APPLICANT: Continental Development Corporation (Mr. Jerry Saunders) The Planning Division has received the above - referenced application which is a request of Continental Development Corporation to reaffirm the findings of the Mitigated Negative Declaration of environmental impacts for Environmental Assessment -350 (EA -350) and to adopt amendments to Precise Plan 12 -72 (PP 12 -72) and Precise Plan 94 -1 (PP 94 -1); as approved by City Council Resolution No. 3917. The PP 96 -1 amendment is the fourth amendment to the original Precise Plan (PP 12 -72). The Applicant requests approval of Items 1, 2, 3, and 4 and a continuance of Items No. 5, 6, and 7 for approximately 30 days. The continuation of the three (3) items is to allow the Planning Commission time to complete deliberations on all other requested components, and to provide the Applicant and City Staff additional time to analize and consider the continued items. 1. An amendment to Condition No 15 of City Council Resolution No. 3917 related to the narking structure stairway at 870 South Nash Street. Condition No. 15 requires the stairs at the northwest corner of the parking structure 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. The applicant has requested a determination that the stairway as constructed, be deemed in "substantial compliance" with Condition No. 15 of Resolution 3917. 2. An amendment to Condition No 14 of City Council Resolution No. 3917 related to the narkinn atructurp irtairwav directional sianane at 870 South Nash Street. Condition No. 14 requires the provision of signage in accordance with Condition 15 of City Council Resolution No. 3917. 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. 1 above. 3. Revisions to the approved Traffic Circulation Plan, as shown on the Suoolemental Traffic and Parking Impact Stud v. The changes include: 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 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 Nash Street; f. The re- stripping of South Nash Street to add a drop -off lane and maintain two driving lanes on the west side of Nash Street; and g. The relocation of eight (8) handicapped parking spaces from the Plaza area to the 871 South Nash Street parking structure. 4. The agoroval 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. 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." 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. If P. F. Chang's China Bistro does not utilize all of the 1,200 square feet of outdoor dining area then other future restaurants may utilize the area. 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." The applicant requests 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 is requesting 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. 6. code for the underlying zone: the "Urban Mixed- Use South (MU -S) Zone." The applicant requests 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. 7. Amendment of the Precise Plan to orovide for minor modifications to the The applicant requests 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. 2 RECOMMENDATION The Planning Division recommends that the Planning Commission review the facts and required findings related to the proposed project, and take the following actions: 1. Adopt amendments to PP 12 -72 and PP 94 -1; as approved by City Council Resolution No. 3917; 2. Reaffirm, through EA -401, the findings of the Mitigated Negative Declaration of environmental impacts for Environmental Assessment -350 (EA -350); and 3. Continue Items No. 5, 6 and 7 to the Planning Commission meeting of October 9, 1997. Draft Resolution No 2400 will be distributed separately. SITE DESCRIPTION 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 (1- 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 locate 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. The project site is currently developed and has been historical 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. SURROUNDING AREA 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. 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. Surrounding land uses are as described in Table A. 3 TABLE A SURROUNDING LAND USES North: I Vacant Land. I Heavy Industrial (M -2) South: Office /Retail Planned Development (PD) (City of Manhattan Beach) East: Office /Parking Urban Mixed -Use South (MU -S) West: I Industrial I Heavy Industrial (M -2) Source: City of El Segundo The existing building, uses and development standards were approved under a Precise Plan (PP- 12, later renumbered PP 12 -72) in 1972. 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 call 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 establishes the required development standards for a project. The adoption of a Precise Plan is a legislative act by the City Council, based upon recommendations by the Planning Commission. There are no specific findings that must be adopted for an amendment of a Precise Plan. The City must in approving a Precise Plan or Precise Plan amendment make findings related to the following three (3) areas: 1. The California Environmental Quality Act; 2. The consistency of the action with the City's General Plan; and 3. A finding that the action is necessary to carry out the general purpose of the Zoning Code. The Precise Plan for the project site has been amended three (3) times to account for changing uses and development needs for the property. The original adoption and amendments are as noted below. Precise Plan 12 -72 The Precise Plan was originally adopted on April 5, 1972 (Precise Plan 12 -72). Precise Plan 12 -72 approved "office, service -type facilities, and related parking ". The location of the 871 South Nash Street parking structure on the western property line without any setback is one (1) example of a development standard that was established through adoption of Precise Plan 12 -72. 4 Precise Plan 73 -3 (1st Amendment) The Precise Plan was amended on May 29, 1973 ( Precise Plan 73 -3). The amendment increased the floor area and altered the design of the parking facilities. Precise Plan 74 -10 (2nd Amendment) The Precise Plan was amended on January 7, 1974. The 1974 amendment (Precise Plan 74 -10) eliminated the requirement for a deceleration lane on Rosecrans Avenue. The action accommodated a drive -thru teller for a bank in the 2041 East Rosecrans Avenue building. Precise Plan 94 -1 (3rd Amendment) The Precise Plan was amended on May 2, 1995. The 1994 (Precise Plan 94 -1) amendment allowed theaters as a permitted use, conversion of an office building to retail /office, and provided for joint use parking at 870 South Nash Street. Additionally, the Precise Plan was amended to allow the construction of a theater building within the street side yard setback normally required for the Urban Mixed -Use zone(MU)[the MU zone in this area is now the Urban Mixed -Use South zone (MU- S)]. URBAN MIXED -USE SOUTH ZONE (MU -S) Table B provides a comparison of the site development standards indicated in the Mixed -Use South (MU -S) Zone with the proposed project. TABLE B DEVELOPMENT STANDARDS COMPARISON r Minimum Lot Size 10,000 square feet minimum 262,737 square feet Minimum Lot Width 100 feet minimum 298.16 feet (Rosecrans Avenue) Building Area [floor area ratio (FAR)] 1.3:1 (FAR) 0.56:1 FAR (Whole Site) 0.68:1 FAR (Lot 1) 0.45:1 (Lot 2) Building Height 175 feet maximum 62 feet Setbacks Front: 30 feet minimum, off - street 23 feet 6 inches to 62 feet (Rosecrans Avenue) parking may encroach into the existing office building. setback. W Side: 15 feet to 45 feet (Nash Street) 30 feet minimum existing office building. 15 feet to 17 feet for the theater building. Interior: 25 feet minimum (West) 0 feet to 86 feet existing parking structure and office building. 48 feet for the theater building. Rear: 5 feet minimum 86 feet for the theater building. North Landscaping 5 % of the Vehicular Use Area 0 % to 1 % existing 5 feet minimum around the 0 feet to 35 feet existing building Property perimeter fully Except for the parking structure, landscaped. 5 feet to 20 feet of perimeter fully landscaped Parking Spaces See Traffic and Parking Study. See Traffic and Parking Study. Driveway Width 30 feet maximum See Traffic and Parking Study. Loading Spaces See Traffic and Parking Study. See Traffic and Parking Study. Source: Continental Development Corporation, City Staff and VisTA. 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. 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. R 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. 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. Circulation Element policies and objectives also apply to the proposal including; C 1 -1.13, C 1 -2.1, C 1 -3.2, C 2 -1.6, C 2 -3.3, C 3 -1, C 3 -1.1, C 3 -1.2, C 3 -1.5, C 3 -1.7, and C 4 -1.2. These policies identify the need for full examination of project traffic impacts and complete mitigation, a hierarchy and street classification system correlated to capacity and function, incorporation of off - street loading facilities, facilities designed for easy pedestrian access, pedestrian linkage to the Green Line, evaluation of circulation system impacts, full mitigation of all project - related circulation impacts, integration of transportation with land uses and surrounding environments, requiring developers to pay for mitigation measures, adequate pedestrian and bicycle access and evaluation of project impacts on CMP routes. The 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). Although the proposed revised circulation plan would eliminate the stripped median on Nash Street to accommodate pedestrian drop -off areas for the theaters, Staff feels 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 Nash St., as identified in the Master Plan of Streets, as there is no change in the actual right of way width. 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT 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). 7 Staff requested that the applicant submit three (3) studies and an environmental questionairre 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. The three (3) studies are attached to this Staff Report for review and consideration by the Planning Commission. They are discussed below. 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. Environmental Questionnaire Staff has reviewed the contents of the Environmental Questionnaire and concurs with the conclusions related to the environmental effects of the proposed project, that the proposed revisions are within the thresholds of the environmental impacts evaluated and approved with the Mitigated Negative Declaration for EA -350. Fiscal Impact Study The City Finance Department has review the Applicant's Fiscal information. The Finance Departments comments are summarized in Table C. Based on the information provided by the Applicant and reviewed by the Finance Department, the proposed project will not decrease anticipated revenue to the City and no additional significant expenses have been identified. Traffic Study The Applicant has submitted a traffic study, "Supplemental Traffic and Parking Study Continental Park RetaiVTheater Project," prepared by Linscott, Law & Greenspan Engineers, Inc. The report analyzed the proposed traffic access and circulation revisions and provided review in accordance with previous conditions of approval. The traffic study was reviewed, for the City, by Mr. Larry Estrada of Hartzog & Crabill, Inc. Mr. Estrada stated, "Based on our assessment of the study material, along with actual field evaluations of traffic conditions within the study area, the proposed project will provide adequate traffic circulation and parking if the following traffic circulation and mitigation measure are implemented... ". The suggested conditions will be incorporated into Draft Resolution for consideration by the Planning Commission. Based upon the above described analysis no traffic, circulation, or parking impacts are anticipated. Air Quality Study An air quality study was prepared by Planning Consultants Research (PRC) titled, "Air Quality and Fiscal Impact Analysis Revisions for Environmental Assessment 401 (EA -401), Precise Plan 96- 1 (Amendments to Precise Plan -12) and Environmental Assessment -350 (EA- 350)." The air quality study evaluated: 1. Construction emissions, regional emissions, and a local Carbon Monoxide (CO) analysis. The study concluded that the proposed project will not have a significant air quality impact and is consistent with the thresholds previously evaluated and approved. 8 The project applications and plans were circulated to all inter - departmental Staff and their comments are attached to this report and summarized in Table C. All recommended conditions will be incorporated into the conditions of approval in the Draft Resolution. The Staff analysis of the application requests is provided in the following table (Table D). Overall the: • Application has been prepared in accordance with CEQA; the state CEQA Guidelines, and local CEQ A Guidelines; • The Application is consistent with the City's General Plan; and • The Applicant will not interfere with the City's ability to carry out the general purpose of the Zoning Code. TABLE C INTER - DEPARTMENTAL COMMENTS Department Comment City Managers Office Parks and Recreation Department Police Department Economic Development Department Finance Department Fire Department Traffic movement needs to be addressed in the analysis. (A Traffic Study has been prepared.) Signs on Nash Street need to be evaluated. (Staff is reviewing signage. Additionally, suggested conditions of approval require further traffic review of the project) No comment. Crime prevention commented that landscaping should be low profile, using ground cover as much as possible. Exterior lighting should be a minimum of .25 foot candies throughout, with weather vandal resistant covers. Comments related to exterior corridor doors construction, cooler locks, cameras, safes and addressing were provided. No comment. Fiscal analysis is reasonable. Revenues projected are conservative and appear to be less than we would anticipate for this restaurant. No comment at this time. Comments will be provided during plan check. Library Director No comment. E Department Comment Public Works Department Building and Safety Division Source: CITY STAFF AND VISTA 10 Nash Street is currently substandard according to the City's General Plan- Master Plan of Streets. The proposed project is not inconsistent with the General Plan, due to the increase pedestrian safety and improved project circulation. If in the future Nash Street is extended, the City will look to the Applicant to restore Nash Street to its original configuration. (Vernal response from the Director of Public Works.) No comment at this time. 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Q to to 0) H to N '�' = low N m = N '..° --+ Lm. � V a t T'p co Im c� Ems « cv d> jU m c� ccoai c'�L `° c m �►-Q o c «m« m o E r �a U a C y L m« � y 0 cc 7 C m v m C 0 C` vi 4) c/i m` 0 c «. C O L 3 0 3 7 'U ° C>> -0 M O « m co C C Q_ to c0 O m C�L w E a E C E '«p d N "D O C U U O i" ~ d m U O 3 N lO O U r O c d) m« 7 y m L .,acnaQUa O .. +, « y d cc Sri co CO r 2 c §� 2� $$ _§ kE § 70 k2 c 0D0 e�0 2 -0 -. kkt »ao OS% �£ § ± a _ f 2k 0E E� Cl) cck 2k eu $b§222�>Oso C�- R22e�0 a E@ s • _§ r c £- a_�EE� 300 _ae2a o Cc We- a = - ■ §20 fk> c EcR -�0 e� ■Sr©ate 2�§�m$ 8 f$ 2q Cr 22 E Mk E ■ ®E v_§ 2k�moIA ©e§ e�I££�ec2c0 Cc o§ I D M r C $22©7 - -� M Ctl 4) 22 °2,0 CL— = »2�$�� =kk@ O§aOa -oa= §b f� � EXHIBITS A. Applications B. City Council Resolution No. 3917 C. Letter from Continental Development Corporation, August 26, 1997 D. Inter - Departmental Comments E. Letter Report - Hartzog & Crabill, Inc., August 27, 1997 (Traffic Study Review) F. Letter Reports - Linscott, Law & Greenspan, Inc. November 7, 1996, August 15, 1997 and, August 26, 1997 (Traffic Study) G. Letter Report - Planning Consultants Research August 26, 1997 (Air Quality and Fiscal Impacts of Project) H. Plans Pr pared by: fb � Fred Talarico Contract Planner Paul Garry Assistant Planner R viewed by: Laurie B. Jest Senior Planner Approved by: Bret Berrd, Al2P Director of Planning and Building Safety 15 Rprojects\ea401 \ea401.sr 0 706 C, �U� d9e ,4 ur2 CA DEPARTMENT OF PLANNING 360 Main Street AND BUILDING SAFETY El Segundo, CA 90245 (310) 322 -4670 AMENDMENT TO A PRECISE PLAN FAX (310) 322 -4167 APPLICATION FOR PROJECT' No E A - 401 Date: Nov. 7, 1996 The applicant: Continental Development Corporation 2041 Rosecrans Ave. EL Segundo, CA 90245 310-640-1520 (Check One) ame Address Phone Owner _ Lessee _ Agent _ Same as above Property Owner's Name — — — — — — - Address Phone Property Situated at: 870 Nash Street, (Exact legal description. Provide attachment if necessary General Location: Nash Street between Rosecrans Ave. and Park Place Address and Street , venue Street, Avenue Existing Zoning: Urban Mixed Use (MU) AMENDMENT TO PRECISE PLAN Request: Under the °� Y6 q provisions of Title /2Section 20.74_ of the Municipal Code, application for consideration of an above described property. _ === s s s s a s= s s ........... s ...... s ....... s a s == s x =_= a x ........ 1. Describe in detail the entire proposed project (type of construction, materWa to be used), uses involved (e.g., bank, general office, industrial, restaurant, etc.) including buildings and other equipment necessary to the project. See Exhibit "A ", Item 1, attached hereto and incorporated herein, by reference. 2. Describe the existing development on the site. Include square footages and uses of each building on the site. See Exhibit "A", Item 2, attached hereto and incorporated herein by reference. 3. Explain in detail why this particular site is especially suited for the proposed development. DESCRIBE THE APPROVED PRECISE PLAN, THE PROPOSED AMENDMENT AND HOW THE AMENDMENT RELATES TO OR IMPACTS THE ORIGINAL APPROVAL. See Exhibit "A ", Item 3(a), and 3(b), attached hereto and incorporated herein, by reference. 4. Describe how the proposed project will compare/ contrast to the development of adjacent properties and the immediate area and will not have detrimental effects to the adjacent properties or neighborhood. How will potential impacts be mitigated? It is not anticipated that the proposed project will have any significant impact on adjacent properties. 5. Describe the technological processes and equipment employed on -site and their compatibility with existing and potential land uses within the general area. It is not anticipated that the proposed project will employ any technological processes or equipment that will be incomputable with existing and potential land uses within the general area EXHIBIT "A" APPLICATION FOR AN AMENDMENT TO A PRECISE PLAN NOVEMBER 7, 1996 1. DESCRIBE IN DETAIL THE ENTIRE PROPOSED PROJECT (TYPE OF CONSTRUCTION, MATERIALS TO BE USED), USES INVOLVED (e.g., BANK, GENERAL OFFICE, INDUSTRIAL, RESTAURANT, ETC.) INCLUDING BUILDINGS AND OTHER EQUIPMENT NECESSARY TO THE PROJECT. Applicant seeks to amend Condition No. 15 of Precise Plan No. 12- 72. The applicant requests that the stairs described in Condition No. 15 be modified to extend from the street to the basement level of the parking structure, instead of to the first level of the parking structure above the street. The purpose of this requested modification is to better provide theater patrons with safer pedestrian passage from the upper levels of the parking structure, via the elevator core in the middle of the parking structure, to the stairs leading to the street. It is expected that the basement level will have little or no theater related vehicular traffic. Therefore, there will be less traffic for theater patrons to negotiate in the parking structure than on the second floor which will be in use by theater patrons for parking and for access and exiting from the upper floors of the parking structure. 2. DESCRIBE THE EXISTING DEVELOPMENT ON THE SITE. INCLUDE SQUARE FOOTAGE AND USES OF EACH BUILDING ON THE SITE. The stairway project described above is located in the 870 Nash Street parking structure. This existing 9 -level parking structure containing approximately 1,688 parking spaces will provide 844 joint -use parking spaces for the theater during weekend and evening hours. 3(a) EXPLAIN IN DETAIL WHY THIS PARTICULAR SITE IS ESPECIALLY SUITED FOR THE PROPOSED DEVELOPMENT. As stated above the proposed relocation of the stairway will provide a safer pedestrian passageway than the one proposed in the approved Precise Plan. In support of this position, we have included as Exhibit "B ", a letter from the traffic engineer, Linscott Law and Greenspan (LL &G). LL &G was the traffic engineering firm that prepared the circulation plan for the approved Amendment to Precise Plan (Resolution No. 3917). 3(b) DESCRIBE THE APPROVED PRECISE PLAN, THE PROPOSED AMENDMENT AND HOW THE AMENDMENT RELATES TO OR IMPACTS THE ORIGINAL APPROVAL. DESCRIPTION OF APPROVED PRECISE PLAN: On May 2, 1995, the City Council approved Resolution No. 3917 allowing the conversion of a 6 acre office complex (by the removal of 170,000 square feet of existing space) at 2041 E. Rosecrans Avenue /831 & 871 S. Nash Street and the construction of a 16 screen movie theater and renovation of an office /retail building. Off -site parking for the theater was also approved for the 870 S. Nash Street parking structure that also serves as parking for the Continental Plaza building at 2101 Rosecrans Avenue. In order to facilitate safe pedestrian access from the parking structure across Nash Street to the theater property, a signalized pedestrian crosswalk was approved at the northwest corner of the parking structure. In conjunction with the crosswalk, pedestrian access from the upper floors of the parking structure was required to be directed to a new stairway which would extend from the first parking level above the street to immediately in front of the new crosswalk. DESCRIPTION OF THE PROPOSED AMENDMENT TO PRECISE PLAN NO, 12 -72: The proposed Amendment to Precise Plan No. 12 -72 would amend Condition No. 15 of Resolution 3917 to allow the relocation of the required stairway. Instead of constructing a stairway in the northwest corner of the parking structure, which would extend from the first parking level above the street to immediately in front of the new crosswalk, the proposed amendment would allow the construction of a stairway in the northwest corner of the parking structure that would extend from the first parking level below the street (the "Basement Level ") to immediately in front of the new crosswalk. Details of the proposed stairway are shown on the plan set of plans prepared by LPA titled: Continental Retail, Stair at Parking, El Segundo, California and dated Sept. 24, 1996 (the "Plans "). The Plans include: sheets A0.1, A4.1, A7.1, 54.1, and 57.1. A set of Plans are enclosed with this application and are hereto incorporated herein by reference. IMPACT OF PROPOSED AMENDMENT ON APPROVED PRECISE PLAN; The only impact would be to relocate required stairway so that it would extend from the ground level down one level to the Basement Level instead of going from the ground level up one level to the first parking level above the ground parking level or street level. OWNER'S AFFIDAVIT I,(We) CONTINENTAL DEVELOPMENT CORPORATION the undersigned, depose and say that 0 am/We are the of the property invo ve uz t is application and that I(we) have familiari myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing b filing this application and that the foregoing statements herein contained and the information on all documents and all plans attached hereto are in all respec a and correct to the beat of my /our knowledge and belief. 1-n / U ,19�_ e s, Vice President-Planning ate ,19 Date AGENT AUTHORIZATION I hereby authorize to act for me in all matters relevant to this application. I understand that this person e t e exclusive contact on the project and will be sent all information and correspondence. Owner's ignature AGENT AFFIDAVIT I,(We) the undersigned, depose and say that (I am/We are t e o t e property invo ve m_ 1s application and that I(we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and all plans, attached hereto are in all respects true and correct to the beat of my /on- knowledge and belief. ,19 Signature Date ,19 Signature ate Procedures for filing application 1. File application properly completed in the office of the Department of Planning and Building Safety along with completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if applicant), and /or agent shall be required on all applications. 2. Applicant shall provide all information, drawings and other materials as requested by the Planning Department as indicated on the Notice to Applicants. 3. Pay filing fee. (See fee schedule) 4. Applicant and affected property owners will be notified of time of hearing. 5. Applicant must be present at the hearing and may offer additional evidence to support his /her request. 6. There shall be an additional fee for filing an appeal. CUP APP Planning Staff: Date received EA 0 .. . r: -2 UD " 10// (� 9 DEPARTMENT OF PLANNING AND BUILDING SAFETY MW 350 Main Street El Segundo, CA 90245 (310) 322.4670 FAX (310) 322 -4167 APPLICATION FOR AN AMENDMENT TO A PRECISE PLAN (FOURTH AMENDMENT) i PROJECT No EA-401/PP 96 -1 Date: 8/15/97 The applicant: Continental Development Corporation 2041 Rosecrans Avenue, E1 Segundo, CA 90245 (310) 640 -1520 (Check One) X Name Address Phone Owner — Lessee Same as above Agent — Property Owner's Name Address Phone Property Situated at: 2041 Rosecrans Avenue, 831, 871 S. Nash Street (Exact legal description. Provide attachment if necessary) General Location: Nash Street between Rosecrans Avenue and Park Place Address and Street, Avenue Street, Avenue Existing Zoning: Urban Mixed Use (MU) Request: Under the provisions of Title 20, Section 20.86 of the Municipal Code, application for consideration of an amendment to a Precise Plan for the above described property. 1. Describe in detail the entire proposed project (type of construction, materials to be used), uses involved (e.g., bank, general office, industrial, restaurant, etc.) including buildings and other equipment necessary to the project. See Attachment "A ", Item 1, attached hereto and incorporated herein by reference. 2. Describe the existing development on the site. Include square footnges and uses of each building on the site. See Attachment "A ", Item 2, attached hereto and incorporated herein by reference. 3. Explain in detail why this particular site is especially suited for the proposed development. See Attachment "A ", Item 3(a), and 3(b), attached hereto and incorporated herein by reference. 4. Describe how the proposed project will compare/contrast to the development of adjacent properties and the immediate area and will not have detrimental effects to the adjacent properties or neighborhood. How will potential impacts be mitigated? See Attachment "A" Item 4, attached hereto and incorporated herein by refenence. 5. Describe the technological processes and equipment employed on -site and their compatibility with existing and potential land uses within the general area. See Attachment "A ", Item 5, attached hereto and incorporated herein by reference. ATTACHMENT "A" TO APPLICATION FOR AN AMENDMENT TO A PRECISE PLAN PROJECT NO. EA- 401 /PP 96 -1 REVISED AUGUST 15, 1997 1. DESCRIBE IN DETAIL THE ENTIRE PROPOSED PROJECT (TYPE OF CONSTRUCTION, MATERIALS TO BE USED), USES INVOLVED (E.G., BANK, GENERAL OFFICE, INDUSTRIAL, RESTAURANT, ETC.) INCLUDING BUILDINGS AND OTHER EQUIPMENT NECESSARY TO THE PROJECT. On May 4, 1995 the City Council, by Resolution No. 3917, adopted an amendment to Precise Plan 12 -72, (Third Amendment). The approved amendment permitted the remodeling and redevelopment of the subject site into a Retail /Entertainment Complex. In general, this allowed construction of a multi -plex theater, remodeling of a retail /office building, and joint use parking at 870 S. Nash Street. The subject site is generally located at the northwest corner of Nash Street and Rosecrans Avenue. Exhibit 1.0, titled Site Plan - Proposed illustrates the spacial relationship of the various elements of the above referenced Retail/ Entertainment Complex. Note: unless otherwise noted, all Exhibits will be found in the exhibit package titled Supporting Exhibits. Application for an Amendment to a Precise Plan, Project No. EA- 401 /PP 96 -1, which is included with this application and incorporated herein by reference. Also, an index to the Exhibits is included with this application and labled Attachment "B ". In connection with the implementation of the Third Amendment several matters have arisen which require either modification of several Third Amendment conditions of approval or require additional amendments to Precise Plan 12 -72. It is for these reasons as well as in response to the request of City staff that the subject application for an amendment to precise plan, (Fourth Amendment) was initiated. The original Fourth Amendment application was submitted on November 7, 1996 and logged in as "Project No. EA- 401/PP96 -1 ". Subsequent events have given rise to the current revised application. Project PP -96 -1, as revised proposes the following. (1) Modification of approved Stairway and stairway signage plans at the 870 S. Nash Street joint use parking structure. (2) Modification of approved Circulation Plan; (3) Amend the Precise Plan's land uses to: (a) conform with the land use provisions of the underlying Mixed Use (MU) zone; and (b) allow outdoor dining as a permitted use. (4) Assessment of adequacy of parking for a restaurant containing approximately 8,400 square feet including 1,200 square feet of outdoor dining. (5) Amend the Precise Plan to state that any codified development standards for the underlying Mixed Use (MU) zone which are not specifically addressed in the amended Precise Plan will be incorporated by reference and may be applied to improvements covered by this Precise Plan. (6) Amend the Precise Plan to permit minor modifications in the future by means of an administrative approval by the Director of Planning and Building Safety. Such minor modifications could include parking and circulation layouts, limited expansion of floor area to include outdoor sales or eating areas, and other similar changes which will enhance the functionality or attractiveness of the site without crating impacts on surrounding properties. A more detailed description of each of the project components is presented below. 1.1 STAIRWAY COMPONENT: 870 S NASH ST PARKING STRUCTURE. Applicant seeks to revise Condition No. 15 of Section 3 of City Council Resolution No. 3917 to permit the stairs, at the northwest corner of the parking structure to extend from the "ground level" to the "basement parking level ", of the parking structure, (Stairway "A"), rather than from the "ground level" to the "first above -grade level" of the parking structure, (Stairway "B "). In the alternative the Applicant seeks a determination that construction of Stairway "A" will be deemed "substantial compliance" for purposes of satisfying Condition No. 15 of Section 3 of City Council Resolution No. 3917. The reason for the requested modification is to better provide theater patrons with a safer pedestrian passage from the upper levels of the parking structure, via the elevator core in the middle of the parking structure, to the stairs leading to the street level pedestrian crossing. It is expected that the basement level will have little or no theater related vehicular traffic. Therefore, there will be less vehicular traffic for theater patrons to contend with than on the "first above -grade level" (Second Level), which will be in use by theater patrons for parking and for ingress and egress from the upper parking levels. Due to entering and exiting patterns in the garage, during peak periods the Second Level is one of the busiest floors in the parking structure. 1.2 BIGNAGE COMPONENT: 870 S. Nash St. Parking Structure. In the event that Stairway "A" is adopted then, applicant seeks to revise Condition No. 14 of Section 3 of City Council Resolution No. 3917 to permit the revision of the signs and other directional provisions added to the interior of the 870 S. Nash Street parking structure to accommodate Stairway "A" configuration. 1.3 CIRCULATION PLAN COMPONENT. Applicant seeks to revise the Traffic Circulation Plan, in the manner shown on Figure 1 of Exhibit 2.0 submitted with this application, and titled Supplemental Traffic & Parking Impact Study, Continental Park Retail /Theater Complex, dated August 8, 1997. The Major changes in the revised circulation plan are briefly described below. • Closing the existing Common Area Plaza (Plaza), driveway on Nash Street to vehicle traffic. • Converting the easterly two - thirds of the Plaza to pedestrians only. • Converting the westerly third of the Plaza to valet drop - off /pick -up. • Providing a new sidewalk and curbside theater drop- off /pick -up zone on the west side of Nash Street. 2 • Elimination of the 34 foot wide driveway between the theater and the retail /office building, (Condition 11K Section 3 of Resolution No 2917). • Elimination of the need to restrict eastbound traffic to a right -turn only movement at Nash Street during peak hours, (Condition it -L Section 3 Resolution No. 3917). • The re- striping of Nash Street to add a drop off lane and still maintain two driving lanes on the West side of Nash street. • Relocation of the eight (8) handicap parking spaces from the Plaza area to the 871 Parking structure. Exhibit 3.0 shows the location within the parking structure of the proposed relocation of the handicapped parking. The relocation area for the handicapped spaces was selected based on the recomendation of the applicant's handicap consultant Mr. Ron Mincer. 1.4 LAND USES COMPONENT. Amendment of Precise Plan land uses to conform with the current code (as of date of application), for the underlying zone, "Urban Mixed -Use (MU) Zone." Amend land use to include (1) Permitted Use per Code Section (Sec.) 20.36.020; (2) Permitted Accessory Uses per Sec. 20.36.025; (3) Uses Subject to an Administrative Use Permit per Sec. 20.36.030; (4) Uses Subject to a Conditional Use Permit per Sec. 20.36.040. Provided however, uses in the Plaza and Entry Court including outdoor dining, retail sales, and other uses supportive of the site's primary retail uses are included as permitted uses. 1.5 RESTAURANT COMPONENT. The applicant plans to lease space in the existing three -story Class "A" office /retail building at 2041 Rosecrans Ave. to P.F. Chang's China Bistro, Inc., (Tenant). The Tenant 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. The new restaurant will include an outdoor dining area estimated not to exceed 1,200 square feet. While restaurants are a permitted use in both the underlying Urban Mixed -Use zone and the original Precise Plan 12 -72, (Resolution No. 749), under the current code, outdoor dining that exceeds 200 square feet requires a Conditional Use Permit. In addition, Condition No. 5, Resolution No. 749, approving Precise Plan 12 -72, (Condition No. 5) requires that: "If the use of a building is changed to a use requiring more off - street parking spaces, such additional required spaces shall be provided." The space to be occupied by P.F. Chang's China Bistro was previously used for offices and a retail travel agency which required less off - street parking than a restaurant. Therefore, with regard to this project component, the purpose of this application is to obtain the City's determination that the Precise Plan's 3 condition regarding off - street parking has been satisfied. P F Chang's China Bistro. The new P.F. Chang restaurant will have a seating capacity estimated at approximately 274 seats. The on -site sale and consumption of alcoholic beverages will take place throughout the seating area including bar and outdoor dining areas. Food service will be available throughout the area. While customer serving hours (Public Hours) may vary from day to day, the Public Hours will be competitive with Wolfgang Puck's, Houston's, Mc Cormick & Schmick, and other upscale restaurants in the area. It is not anticipated that the facility will be open to the public before 6am nor remain open past tam. The sample menu labeled Exhibit 4.0 is representative of the types of foods to be served. Outdoor Dining P.F. Chang's The total area of the restaurant is estimated at approximately 8,400 square feet, broken down as follows: Seating area, (including bar area) 5,400 s.f. Kitchen and "back of the house" 1,800 s.f. Adjacent outdoor dining 1.200 s.f. Total square feet (approximate) 8,400 s.f. The outdoor dining area will have an all- weather surface and will be set apart from the rest of the Plaza area by landscaping /hardscaping as shown in Exhibit 6.0, "Submittal Drawings" package submitted as part of this application. The plan drawings submitted are for the purpose only of showing the configuration of the outdoor dining and its relationship to the remainder of the restaurant and existing retail /office building. For purposes of assessing parking demand and traffic impacts the following factors have been used: Restaurant 7,500 sq. ft.(net floor area) Outdoor dining area 1.200 " It " to Total 8,700 sq. ft. (net floor area) Any excess capacity not absorbed by P.F. Chang's will be used elsewhere on the site or in the Common Area Plaza. 1.6 MI %ED USE (MU) ZONE DEVELOPMENT STANDARDS COMPONENT. It is the City's current policy that Precise Plans should be all- inclusive in terms of identifying the various standards which will apply to the development projects incorporated in the Plans. Since the nature of Precise Plans is that they will be in effect for long periods of time, the applicant seeks to avoid unanticipated issues in the future by clarifying that all development standards which are presently included in the MU zone shall be incorporated by reference in this Plan Amendment. In this way, the property owner will be able to apply established standards to new concepts which may arise in the future without the necessity of applying for another amendment to the Precise Plan. 1.7 MINOR MODIFICATION_ COMPONENT._ Under the City's Zoning Code, the approval of a Precise Plan is the equivalent of an amendment to the Code itself. The objective is for a Precise Plan to guide the future development of a large site for a long period of time. Because the time frame for implementation of a Precise Plan is long term, it is requested that the City approve an administrative procedure which will permit the applicant to submit minor modifications to the Director of Planning and Building Safety for approval. The adoption of such a procedure would provide a limited level of flexibility without the necessity of requiring the applicant to submit a full Precise Plan amendment. It is intended that the minor modifications would serve to enhance the development without creating adverse impacts for surrounding developments. 2. DESCRIBE THE EXISTING DEVELOPMENT ON THE SITE. INCLUDE SQUARE FOOTAGE AND USES OF EACH BUILDING ON THE SITE. Existing development on the site consists of one office /retail building, one multiplex theater building, and related parking facilities. Building Gross Address Floor Area Uses 2041 Rosecrans 871 Nash Street 83,000 sq. ft Office, retail, service -type facilities including restaurants, and related parking facilities including 4 -level parking structure and surface parking 72,800 sq. ft. Multiplex theater and related parking facilities. The building contains 16 screens and approximately 3,400 seats. 3(a) EXPLAIN IN DETAIL WHY THIS PARTICULAR SITE IS ESPECIALLY SUITED FOR THE PROPOSED DEVELOPMENT. 3a.1 STAIRWAY i SIGNAGE COMPONENT The directional change of the proposed stairway, within the approved site area will provide a safer pedestrian passageway than the one proposed in the approved Third Amendment to Precise Plan 12 -72, (Resolution No. 3917). 3a.2 CIRCULATION PLAN COMPONENT. Not applicable 3a.3 LAND USES COMPONENT. The proposed land uses are compatible with present Urban Mixed Use (MU) zone classification and existing land uses. The site is especially suited for the proposed land use changes for the following reasons: The inclusion of outdoor dining and other activities as a permitted use will help retain existing and attract new customers to the E1 Segundo side of the Rosecrans Corridor. Outdoor dining is emerging as a unique feature of restaurants in successful upscale mixed use developments. The proposed land use changes will bring the sites land use into conformity with the remainder of Continental Park. The site is approximately one mile from the nearest residential area and will have an insignificant adverse environmental impact in terms of noise, traffic and air quality. It will have a beneficial impact on economic development by providing a land use amenity which is in great demand. 3a.4 RESTAURANT COMPONENT. Not Applicable 3a.5 MIRED USE ZONE DEVELOPMENT STANDARDS COMPONENT The site is appropriate for this proposal since it is large and contains a variety of land uses likely to be established for a long period of time. With a complex development site, however, it is not feasible that every development standard will be addressed specifically within the Plan concept. In an effort to clarify the development standards which may be applied in the future, the applicant would like to incorporate by reference those development standards which apply to the MU zone generally. 3a.6 MINOR MODIFICATION COMPONENT. Because a development site subject to a Precise Plan is by definition a significant, long term project, it would be advantages to both the applicant and the City to create a mechanism whereby minor changes could be managed administratively. Such a procedure would be cost effective and responsive to changing functional or physical needs of the project which would be of concern only to the internal operation of the project. It is anticipated that the scope of changes could be addressed efficiently by the Director of Planning and Building Safety through a streamlined administrative application process. 3(b) DESCRIBE THE ORIGINAL PRECISE PLAN APPROVAL AND ANY SUBSEQUENT AMENDMENTS. 3b.1 DESCRIPTION OF ORIGINAL PRECISE PLAN APPROVAL. Resolution No. 749 January 26, 1972, approval of E1 Segundo Planning Commission Resolution No. 749 "recommending approval of the request for a Specific (Precise) Plan, with conditions, from Continental Development Corporation to construct three commercial buildings to be used for offices, restaurants, savings and loan, (and other service - type facilities) and related parking facilities on property generally located at the northwest corner of Nasa Street and Rosecrans Avenue." Also included as permitted uses were all other "service -type facilities." Resolution No. 749 provided approval to construct three commercial buildings with the following conditions of approval: (1) the driveway north of 831 Nash Street be relocated to align with the right -of -way of Park Place; (2) loading docks for 871 Nash and 831 Nash may not interfere with internal vehicular circulation; (3) two loading spaces to be provided for 2041 Rosecrans; (4) location of driveways on Rosecrans Avenue or Nash Street must be changed at the City's request if a traffic hazard exists; (5) developer must provide 653 off - street parking spaces and if the building is changed to a use requiring more off- street parking spaces, such additional required spaces shall be provided; (6) specific traffic and rubbish storage areas must be provided for each building; (7) applicant has one year from date of approval of the specific (precise) plan to exercise the application. Resolution No. 2432 April 5, 1972, approval of El Segundo City Council Resolution No. 2432, adopting Specific (Precise) Plan No. 12 essentially adopting the conditions recommended by the Planning Commission in Resolution No. 749, except for an additional condition requiring a dedicated deceleration lane on Rosecrans Avenue. 3b.2 DESCRIPTION SUBSEQUENT AMENDMENTS, PRECISE PLAN 12 -72. • Resolution No. 773. April 26, 1973, approval of Planning Commission Resolution No. 773, amending Precise Plan No. 12, to change design of parking facilities to more adequately separate the parking from the office areas and office space, and to increase the leasable office space by approximately 32,500 square feet. Resolution No. 773 included a condition for an additional 70 off - street parking space, for a total of 723 off - street parking spaces. • Resolution No. 2483. (First Amendment). May 29, 1973, approval of City Council Resolution No. 2483, adopting an amendment to Specific (Precise) Plan No. 12, essentially adopting recommendations of Planning Commission Resolution No. 773. • Resolution No. 832 December 12, 1974, approval of Planning Commission Resolution No. 832, recommending approval of amendment to Precise Plan No. 12 as amended by Precise Plan No. 3 -73, eliminating the requirement for a deceleration lane on Rosecrans Avenue and prohibiting ingress of vehicles off Rosecrans Avenue, in order to accommodate Bank of America drive - through teller lane on west side of the 2041 Rosecrans Avenue building. • Resolution No. 2601. (Second Amendment). January 7, 1975, approval of City Council Resolution No. 2601, adopting an amendment to Specific (Precise) Plan No. 12 as amended by Precise Plan No. 3 -73, essentially adopting recommendations of Planning Commission Resolution No. 832, including elimination of 17 parking spaces, since project still had 31 spaces in excess of required 723 spaces. Resolution No. 2364. April 6, 1995, approval of Planning Commission by Resolution No. 832, recommending approval, with conditions of amendment to Precise Plan No. 12 -72, "to allow a 3,550 seat movie theater, conversion of an office building to retail /office, and joint use parking at 2041 E. Rosecrans Ave and 831, 870, i 871 S. Nash Street". Resolution No. 3917. (Third Amendment) May 2, 1995, approval of City Council by Resolution 3917, adopting, with conditions an amendment to Precise Plan No. 12 -72, which adopted the recommendations of Planning Commission Resolution No. 832. 4. DESCRIBE HOW THE PROPOSED PROJECT WILL COMPARE /CONTRAST TO THE DEVELOPMENT OF ADJACENT PROPERTIES AND THE IMMEDIATE AREA AND WILL NOT HAVE DETRIMENTAL EFFECTS TO THE ADJACENT PROPERTIES OR NEIGHBORHOOD. HOW WILL POTENTIAL IMPACTS BE MITIGATED? The proposed project site is generally bound on the north by the Atchison, Topeka & Santa Fe Railway, on the south by Rosecrans Avenue, on the east by Nash Street and on the west by the Air Products, Inc. industrial site. Thus, the project site is bound by public streets and industrial uses. The physical and land use changes included in the proposed project are comparatively minor and more in the nature of refinements or modifications to the previously approved and enviormentally assessed Retail/ Entertainment Complex. Therefore, it is not anticipated that the proposed project will have any significant impact on the environment or adjacent properties. It is the applicant's belief and intent that this project is encompassed within the limits of the established environmental clearances. In the following paragraphs the various project components are specifically addressed. 4.1 STAIRWAY COMPONENT: 870 S. NASH ST PARKING STRUCTURE In support of the project component described in item number 1 above, we submit Exhibit 5.0, a letter from the traffic engineering firm that prepared the circulation plan for the third Amendment. In this letter they confirm that the proposed solution will create a safer ingress and egress route for theater patrons. This letter was prevbiously submitted with the November 7, 1996 application and labled Exhibit "B ". 4.2 SIGNAGE COMPONENT: 870 S NASH ST PARKING STRUCTURE See comment 4.1 above 4.3 CIRCULATION PLAN COMPONENT In Exhibit 2.0, Traffic & Parking Study, the proposed Circulation Plan is discussed in subsection three titled Revised Traffic Circulation Plan The study concludes: (1) "The Revised Traffic Circulation Plan will not result in adverse traffic impact as a result of closing the plaza driveway on Nash Street, and will increase pedestrian safety "; and (2) "The curbside drop- off /pick -up lane on the west side of Nash Street will provide greater capacity and safety than the existing plaza." 4.4 LAND USE COMPONENT. The requested land use changes will not have detrimental effects on the adjacemt properties for the following reasons. The proposed land use changes will bring the site's land use into conformity with the remainder of Coninental Park. The site is approximately one mile from the nearest residential area and will have an insignificant adverse enviornmental impact in terms of nose, traffic and air quality. It will have a benificial impact on economic development by providing a land use amenity which is in great demand. 4.5 RESTAURANT COMPONENT. The impact on parking demand and trip generation, of the proposed restaurant with outdoor dining was assessed in Exhibit 2.0, Traffic & Parking Study. The traffic engineer concluded: (1) a restaurant use of up to 8,700 SF will not produce a significant increase in vehicle trip generation; and (2) a restaurant use of up to 8,700 SF "will not generate a significant decrease in the expected parking surplus." S. DESCRIBE THE TECHNOLOGICAL PROCESSES AND EQUIPMENT EMPLOYED ON -SITE AND THEIR COMPATIBILITY WITH EXISTING AND POTENTIAL LAND USES WITHIN THE GENERAL AREA. It is not anticipated that the proposed uses will employ any technological processes or equipment that will be incompatible with existing and potential land uses within the general area. TAPLANN1N0UASy.1502 ATTACHMENT "B" SUPPORTING EXHIBITS APPLICATION FOR AN AMENDMENT TO A PRECISE PLAN, PROJECT NO. EA- 401 /PP 96 -1 Revised August 15, 1997 EXHIBIT NO. DESCRIPTION 1.0 Site Plan - Proposed 2.0 Supplemental Traffic & Parking Impact Study, Continental Park Retail /Theater Caomplex, August 8, 1997. 3.0 Location Handicapped parking within 871 S. Nash parking structure 4.0 Sample menu P.F. Chang's China Bistro 5.0 Letter, Linscott Law and Greenspan regarding relocation of pedestrian stairway at 870 S. Nash St. parking structure. 6.0 Submittal Drawings, including: 6.1 Circulation Plan 6.2 P.F. Chang - Floor Plan 6.3 P.F. Chang - Partial North Elevation 6.4 P.F. Chang - Site Plan TAPLAN rwouws%;a5a3 By: OWNER'S AFFIDAVIT I,(We) CONTINENTAL DEVELOPMENT CORPORATION _the undersigned, de y that (I are) the OWNER(S) of the property involved in this application and that 1(we) familiarized zed mys if (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing thin application and that the foregoing statements herein contained and the information on all documents and all plans attached hereto are in all respects tr and correct to the be my /our knowledge and belief. Con inentaI Dev pme orporation By: / ignatur Jerry A. Saunders Date Signature D ,19 Date AGENT AUTHORIZATION I hereby authorize Jerry A. Saunders to act for me in all matters relevant to this application. I understand that this person will be the exclusive contact on the project and will be sent all information and corresponde c . C enta� Dev / peen or ion Owner's Signature („90 E, 1:kesle Jr VIOS PM81dwe AGENT AFFIDAVIT I,(We) the undersigned, depose and say that (I am/We are) the AGENT(S) of the property involved in this application and that 1(we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that the foregoing statements herein contained and the information on all documents and all plans, attached hereto are in all respects true and correct to the best of my /our knowledge and belief. Signature Signature --------------- - - -- Procedures for filing application ,19 Date ,19 Date 1. File application properly completed in the office of the Department of Planning and Building Safety along with completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if applicant), and/or agent shall be required on all applications. 2. Applicant shall provide all information, drawings and other materials as requested by the Planning Department as indicated on the Notice to Applicants. 3. Pay filing fee. (See fee schedule) 4. Applicant and affected property owners will be notified of time of hearing. 5. Applicant must be present at the hearing and may offer additional evidence to support his/her request. 6. There shall be an additional fee for filing an appeal. Planning Staff.. Date received Signature EA 40 preci -p.epp ATTACHMENT "B" SUPPORTING EXHIBITS APPLICATION FOR AN AMENDMENT TO A PRECISE PLAN, PROJECT NO. EA- 401 /PP 96 -1 Revised August 15, 1997 EXHIBIT NO. DESCRIPTION 1.0 Site Plan - Proposed 2.0 Supplemental Traffic & Parking Impact Study, Continental Park Retail /Theater Caomplex, August 8, 1997. 3.0 Location Handicapped parking within 871 S. Nash parking structure 4.0 Sample menu P.F. Chang's China Bistro 5.0 Letter, Linscott Law and Greenspan regarding relocation of pedestrian stairway at 870 S. Nash St. parking structure. 6.0 Submittal Drawings, including: 6.1 Circulation Plan 6.2 P.F. Chang - Floor Plan 6.3 P.F. Chang - Partial North Elevation 6.4 P.F. Chang - Site Plan T: \P1ANNINOUAMj& 1303 0 7I IIII ' W H N d' I _._._._._._._._._._._._._.-�;_ _ _ — •_.L._. M I A• S M t Y 7 i S 0 Y . Y ._.- -- . —. —._� 3 n • I t I Lu Z d d' j W Q J a H Z W z Z O U EXHTRTT "1.0" APPLICATION FOR AN ?:DMENT TO A PRECISE PLAN r I AUGUJI 15,1991 I tHltltlt ,Llcl. '� • I I ,�.• �� � , � ; s ors ; � !: r•:t I 1 W IIY ! I ! I II I = J a 13 F � Iil I -IJI I i I ... ; rl•l I`I I I O Z i I I ►11 I I I W W i� IM y � 7I IIII ' W H N d' I _._._._._._._._._._._._._.-�;_ _ _ — •_.L._. M I A• S M t Y 7 i S 0 Y . Y ._.- -- . —. —._� 3 n • I t I Lu Z d d' j W Q J a H Z W z Z O U DEPARTMENT OF PLANNING 350 Main Street AND BUILDING SAFETY El Segundo, CA 90245 (310) 322 -4670 FAX (33 0) 322 -4167 INITIAL STUDY APPLICANT QUESTIONNAIRE A. GENERAL INFORMATION Continental Development Corporation, 1. Name, address and phone number of current property owner. 2041 Rosecrans Avenue, E1 Segundo, CA, 310 - 640 -1520 (Note: Property Owner's signature is required on Page 4.) 2. Address of project: 2041 Rosecrans Avenue, 831 -71 Nash Street Assessor's Block and Lot No.: 3. Name, address, and telephone number of applicant, including name of person to be contacted concerning this project (if different from Property Owner): Same as above -- Jerry Saunders (Note: Applicant's signature is required on Page 4.) 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state, and federal agencies: Administrative Use Permit -- for on -site sale and consumption of alochol 5. Existing zoning district: Urban Mixed -Use (MU) 6. Proposed use of site (project for which this form is filed). Project EA401 /PP96 -1 Fourth Amendment to Precise Plan 12 -72 B. PROJECT DESCRIPTION Use additional sheets as necessary. 1. Site size: 6.03 acres 2. Total square footage of building(s) or structure(s): 148,000 sq, f t . (GFA ) 3. Number of floors of construction: None 4. Amount of on -site parking provided: See previously approved Pro j . 95-3, Resolution #3917 5. Proposed scheduling: Not applicable 6. Associated projects and relationship to larger projector series of projects: Components of this project were previously assessed and a mitigated negative.ap_proved Resolution #3917 7. If residential, include the number of units, schedule of unit sizes, range of sale price or rents, and type of household size expected. n / a 8. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of building area, and nature of loading facilities provided. Community oriented commercial -- no new loading facilities required Project No. EA �tG I I, Pf 46- j H 9 - 9. If industrial. indicate "ype, es :imated employmer.: aer shift. and nature of loading facilities. N/A 10. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, nature of loading facilities provided and community benefit to be derived from the project. N/A 11. If the project requires a variance, conditional use permit or rezoning application, state this and indicate clearly why the application is required. A Conditional Use Permit is required for 1.200 sq.ft. of outdoor dining. Also, an Administrative Use Permit is required for the onsite sale and consumption of alcohol. C. ENVIRONMENTAL SETTING .1/ 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. See pages 17 & 18, Figures 3 thru 13, in Draft Initial Study Revised 1/20/95 (DIS) 2. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one- family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Pages 18, 23 and Figures 3 thru 13 in Draft Initial Study Revised 1/20/95 (DIS) ENVIRONMENTAL IMPACTS Brief explanations of all answers are required on attached sheets, or refer to previous responses to Items #18 and 19. 1 / YES MAYBE NO 1. EARTH. Will the proposal result in: a. Unstable earth conditions or in.changes in geological substructpres? _ _ X b. Disruptions, displacements, compaction or overcovering of the soil? _ _ X c. Change in topography or ground surface relief features? _ _ X d. The destruction, covering or modification of any unique geological or physical features? _ X e. Any increase in wind or water erosion of soils, either on or off the the site? X 1/ Responses given in Sections "C" (Environmental Setting), and Section "D" (Environmental Impacts), are based on: (1) previous environmental assessment document titled Draft Initial Study Revised 1/20/95; (2) environmental findings and approval of MItigated Negative Declaration in Resolution No. 3917; (3) Linscott, Law & Greenspan's Supplemental Traffic and Parking Study Continental Park Retail /Theater Proiect, dated August 15, 1997; and (4) Planning Consultants Research's letter headed AIR OUALITY ANn FTSCAT. TMDnCT hMhT.vCTC nrvrern**e nnfl 2 , dated August 26, 1997. YES MAYBE NO f. Changes in deposiduri or erosion of beach sasias, or cnanges in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ _ X g. Exposure of people or property to geological hazards such as earth- quakes, landslides, mudslides, ground failure or similar hazards? _ _ X (See DIS and Planning Consultants Research's 2. elj3. Will the proposal result in: letter of 8/26/97) a. Substantial air emissions or deterioration of ambient air quality? _ _ X b. The creation of objectionable odors? _ _ X c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? _ _ X 3. WATER. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? _ _ X c. Alterations to the course or flow of flood waters? _ _ X d. Change in the amount of surface water in any water body? _ _ X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ _ X I. Alteration of the direction or rate of flow of ground waters? _ _ X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? _ _ X i. Exposure of people or property to water - related hazards such as flood- ing or tidal waves? _ _ X 4. PLANT LIFE. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants? _ _ X b. Reduction of the numbers of any unique, rare or endangered species of plants? _ _ X c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ _ X d. Reduction in acreage of any agricultural crop? _ _ X 5. ANIMAL LIFE. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? _ _ X 3 3/ See Linscott Law & Greenspan letter of 8/15/97. 4 YES MAYBE NO b. Reduction of tie r•.• „ —,bers of any unique, rare or endangered species of animals? _ _ X c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ _ X d. Deterioration to existing fish or wildlife habitat? X 6. NOISE. Will the proposal result in: ' a. Increases in existing noise levels? _ _ X b. Exposure of people to severe noise levels? X 7. LIGHT AND GLARE. Will the proposal produce new light or glare? _ _ X 8. LAND USE. Will the proposal: a. Result in the substantial alteration of the present or planned use of the project area, or any land outside the project area? _ X b. Require a variance, conditional use or rezoning 2/ X c. Conflict with the General Plan? _ _X d. Serve to encourage development of presently underdeveloped areas or intensify development of already developed areas? _ X 2/ Conditional Use Permit for outdoor dining _ 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? _ _ X b. Substantial depletion of any non - renewable natural resource? _ _ X 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? _ _ X b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. POPULATION. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? X 12. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? X 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: N a. Generation of substantial additional vehicular movement? _ X b. Effects on existing parking facilities, or demand for new parking? _ _ X c. Substantial impact upon existing transportation? _ _ d. Alterations to present patterns of circulation or movement of people _ _X and/or goods? _ X e. Alterations to waterboume, rail or air traffic? X 3/ See Linscott Law & Greenspan letter of 8/15/97. 4 YES MAYBE NO ;. Incrrasv ;r+ traffic hazards to mote, venwies, Dicyclists or pedestrians? _ _ X 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a 4/ need for new or altered govemmental services in any of the following areas: a. Fire protection? _ _ _ X b. Police protection? _ _ X c. Schools? _ _ X d. Parks or other recreational facilities? _ _ X e. Maintenance of public facilities, including roads? _ _ X f. Other governmental services? _ _ X 4/ See Planning Consultants Research letter of 8/26/97. 15. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ _ X 16. UTILITIES. Will the proposal result in a need for new systems, or sub- stantial alterations to the following utilities: a. Power or natural gas? _ _ X b. Communications systems? _ _ X c. Water? _ _ X d. Sewer or septic tanks? _ _ X e. Storm water drainage? _ _ X f. Solid waste and disposal? _ _ X 17. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ _ X 18. HUMAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ _ X b. Exposure of people to potential health hazards? _ _ X 19. AESTHETICS/SHADOWS. Will the proposal result in: a. The obstruction of any scenic vista -or view open to the public, or in the creation of an aesthetically offensive site open to public view? _ _ X b. The creation of substantial shadows on the site or adjacent properties? _ _ X 20. CULTURAL RESOURCES. a. Will the proposal result in the alteration of or the destruction of a significant prehistoric or historic archeological site? _ _ X 9 YES MAYBE NO c. Win the proposal result in advemd physicai or aesthetic effects to a prehistoric or historic building, structure or object? _ _ X c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ _ X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ _ X OWNER'S AFFIDAVIT I, (We) am (are) the OWNER(S) of the property involved in this application; I (we) have familiarized myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and filing this application; and the information on all d4;-�aiWlnfters. ll plans is true an to the best of my (our) knowledge and belief. L DE LOP CORPORATION J 9 Vice President Date / Owner's Signature Date I hereby authorized to act for me in all matters relevant to this application. I that this person will be the primary contact on the project and will be sent all information and correspondence. / I, (We) this application; I (we) have familiarized myself preparing and filing this application; and the knowledge and belief. 13 Copies of Plans 300' Notification Map 3 sets of Property Owner Labels 2 sets of Envelopes with Postage Required Supplemental Info Sheets Owner's Signature APPLICANT Date am (are) the APPLICANT (S) of the property involved in is) with the rules and regulation of the City of El Segundo with respect to on all documents and all plans is true and correct to the best of my (our) Applicant's Signature Date FOR PLANNING DIVISION USE ONLY Fee/Deposit Received $ Date Filed: g ' y' . 19� Received By: YES MAYBE NO �, • :.Ty't^v FINDINGS OF SM"-,' ; ;!;CAti:.c. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-tens, to the disadvantage of long -term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long -term impacts will endure well into the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the envi- ronment is significant). d. Does the project have environmental effects which will cause sub- stantial adverse effects on human beings, either directly or indirectly? 2. DISCUSSION OF ENVIRONMENTAL EVALUATION (See attached sheets for narrative description of Environmental Impacts - Initial Study). 3. RECOMMENDATION On the basis of this Initial Study of Environmental Impact, staff recommends the following: That the proposed project could not have a significant effect on the environment, and a NEGATIVE DECLARATION should be prepared. That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures, as described in the attached InitiaLStudy, have been added to the project and, therefore, a NEGATIVE DECLARATION should be prepared. That the proposed project may have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT should be required. That the proposed project may have a significant effect on the environment and a FOCUSED ENVIRONMENTAL IMPACT REPORT, addressing the items and concerns indicated in the attached Initial Study, should be required. Signature: Date: For Director of Planning and Building Safety City of El Segundo RevisedO&97 , jntlst -3.gst 7 RESOLUTION NO. 391 7 lq3rq� 4#d-- A RESOLUTION OF THE CITY COUNCIL OF ME CITY OF EL SEGUNDO, CAIMORN1A, C>RTUYING A mmGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA 350 AND ADOPTION OF A MITIGATION MONPORING PROGRAM, APPROVING AN AMENDMENT TO PRECISE PLAN 12.72, TO ALLOW A 3,550 SEAT MOVIE THEATER, CONVERSION OF AN OFFICE BUILDING TO RETA]VOFFICE, AND jOWTUSE PARKING AT2041 E. ROSECRANS AVENUE AND 1 CONTINENTAL D LIRA EVELOPMENT CORPO Orn C PETITIONED BY N WHIItEAS, 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, 3550 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 -3S0), Including a Draft Initial Study and Mitigated Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law; and WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and WHEREAS, a Traffic impact Study was conducted to evaluate all transportation, circulation, and parking impacts associated with the project and submitted with the application; and WHEREAS, an Air Quality Assessment was conducted to estimate the air pollution emissions which will be generated by the project to evaluate any potential air quality impacts associated with the construction and operation of the facility and submitted with the application; and WHEREAS, a Fiscal Impact Analysis to evaluate the project costs versus project revenues and the project's impact on City services was conducted and submitted by the applicant; and WHEREAS, an Asbestos Report was submitted which examined potential asbestos impacts in the 831 S. Nash Street building which will be demolished; and WHEREAS, on April 6, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by lair and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -3S0 and Amendment to Precise Plan 12 -72; and WHEREAS, on May 2, 1995 the City Council did hold, pursuant to law, duly- advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against Environmental Assessment IA -3S0 and Amendment to Precise Plan 12 -72; and WHEREAS, at said hearing the following facts were established: 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. F1 v,'F— � ----,) �, 4 e 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. S. 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 5636,300 to S 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. I NOW, TIMUORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: AFTER CONSIDERING THE ABOVE FACTS, TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, AND STUDY OF PROPOSED ENVIRONMENTAL ASSESSMENT EA- 350 AND AMENDMENT TO PRECISE PLAN 12 -72, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS FOR THE PROPOSED PROJECT AND AMENDMENT TO PRECISE PLAN 12 -72: The City Council hereby makes the following findings related to the environmental effects: 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 5 and 28 of Section 3 of this Resolution. The potential impacts from exposure to asbestos during demolition were reduced to a level of insignificance by mitigation measures set forth in Condition 25 of Section 3 of this Resolution. The impacts of the potential discovery of previously unknown cutlural resources were reduced to a level of insignificance by the mitigation measures set forth in Condition 26 of Section 3 of this Resolution. The effect of construction related fugitive dust emissions were reduced to a level of insignificance by the mitigation measures set forth in Condition 30 of Section 3 of this Resolution. The Initial Study recommended that a Mitigated Negative Declaration of Environmental Impact be prepared pursuant to the California Environmental Quality Act (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 3. That the City Council thereby authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental impacts, the applicant shall submit to the City of El Segundo a fee of S25.00 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: 0 • 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 -S.S, 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 44.6, LU 44.7, 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. 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. S. 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 SCAQMD PM10 standards, improved traffic flow through signal synchronization, and encouraging energy conservation features in the design of new projects. SECTION 2: THE CITY COUNCIL HEREBY APPROVES AND ADOPTS THE FOLLOWING AMENDMENTS TO PRECISE PLAN 12 -72 SUBJECT TO THE CONDITIONS SET FORTH IN SECTION 3 OF THIS RESOLUTION: 1. Theaters are a permitted use under Precise Plan 12.72 2. The development standards for Precise Plan 12 -72 are those set forth in the plans for the proposed project, dated March 30, 1995. including any revisions to said plans pursuant to Condition I 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 S 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: 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 4 P, 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 services fee of 50.03 per Occupancy, square food of builadingafloor one-time area for vices 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 S0.11 per gross square foot of building floor area for each building. S. 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. 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, asmell 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 2S 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. Install a pedestrian activated traffic signal at the new Nash Street crosswalk with interconnection to the existing traffic signal at Rosecrans Avenue and Nash Street. The two signals shall be synchronized so as to clear northbound traffic through the portion of Nash Street south of the proposed crosswalk. The applicant shall fund the maintenance of the signal and shall enter into an agreement with the City for this purpose. J. The existing circular planter island at the Nash Street and Park Place intersection shall be removed and the intersection reconfigured to provide access to the new proposed driveway at the north end of Nash Street and to provide a smooth stop controlled transition between Nash Street and Park Place. K. The driveway between the theater and the retail/office building shall be no less than 34 feet in width. 6 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 rigbt -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. S 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 Bullding'Safety. Plans shall \ also indicate that the trash area will incorporate adequate space for the collection of recyclable materials. 22. If new sewer laterals are required and constructed in the public right -of -way they shall be \ a minimum of six (6) inches inside diameter. Material shall be 'vitreous clay pipe'. Each lateral shall have a six (6) inch clean -out brought to grade at the property line and securely capped. A B9 size box shall be placed around the C.O. for protection. The box shall have a cover emblazoned with the word 'sewer'. If in a traffic area, cover shall be traffic approved. All planned sewer connections shall be checked for elevation prior to starting construction. Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line. Existing six (6) inch wyes may be reused if approved by the Director of Public Works. 23. No material storage Is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department. If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times. Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours. 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,SS0 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 IS miles per hour). All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. i LI 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 thereofin the records of the proceedings of the City Council of said City, in the minutes of the meeting which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 2jc& day of 1y • 199S. arl Jacobsop; Mayor of the City of El Segundo, AT,nnuop. California C y Mort ay Clerk (SEAL) APPROVED AS TO FORM: Leland C. Dolley, City Attorney 9 0 STATE OF CALIFORNIA j COUNTY OF LOS ANGELES j SS CITY OF EL SEGUNDO j L-j I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO 3917 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 2nd day of May 1995, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz, Councilman Robbins, and Councilwoman Friedkin. NOES: None ABSENT: None ABSTENTION: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this _4th day of May, 1995. CINDY MORXESEN City Clerk of the City of El Segundo, California (SEAL) `w , CONTINENTAL DEVELOPMENT CORPORATION August 26, 1997 Ms. Laurie Jester Senior Planner City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 HAND DELIVERED AIS 2 61997 1 PLANNING DIVIS;r'I RE: Project EA- 401 /PP 96 -1, application for Fourth Amendment to Precise Plan 12- 722041 Rosecrans Ave., 831 -871 S. Nash Street. Dear Ms. Jester: In connection with the captioned project and Applicant's pending application for a fourth amendment to Precise Plan 12 -72, (Application ) , we have indicated our need to meet certain time requirements of our new tenants. Both Crown Books and P.F.Chang's have imposed on us a requirement that they be open in time for the "fall season ". In order to meet our tenants time schedule, we need the Planning Commission, at their September 11, 1997 meeting, to take action on certain key components of our pending Application. In discussion with you and your staff it has been indicated that on September 11, 1997 the planning commission may not be able to complete their deliberations on all of the seven components specified in the Application. In order to allow the Commission to concentrate their efforts on the critical time sensitive items, it has been suggested that some of the amendment items be continued, for up to 30 days from the September 11, 1997 meeting. The Applicant has no objections to continuing for 30 days the following three components itemized in the Application. (1) Amendment of Precise Plan land uses to conform with the current code for the underlying zone, "Urban Mixed -Use (MU) Zone ", (Item 1.4). (2) Amendment of Precise Plan to clarify that all development standards which are presently included in the MU zone will be incorporated by reference in the Precise Plan Amendment, (Item 1.6) (3) Amendment of Precise Plan to include an administrative procedure that would allow approval of minor modification, (Item 1.7). CONTINENTAL DEVELOPMENT CORPORATION Laurie Jester 8/26/97 Page 2 Regarding item 1 above, on September 11, 1997 Applicant will need Planning Commission determination of the request that outdoor dining in the Plaza and Entry Court be included as a permitted use. It is intended that the continuation of the above three items will allow the Planning Commission time to complete deliberation on all other requested components and to provide Applicant and Staff additional time to consider the continued items. Sincerely, �r A. Sa ders Vic President / T: \PLANNING \JAS \js1509 avy f & eS'eq� INTER- DEPARTMENTAL CORRESPONDENCE August 28, 1997 TO: Bret B. Bernard, Director of Planning and Building Safety FROM: Ron Green, Acting Chief Of Police W"_ SUBJECT: Environmental Assessment EA-401 and Precise Plan 96 -1 (Fourth Amendment to PP 12 -72) 2041 Rosecrans Avenue and 831 and 871 South Nash Street Applicant: Continental Development Corporation The Police Department has reviewed the plans for Environmental Assessment EA -401 and Precise Plan 96 -1 and returns them with the following comments. Exterior Corridor Doors: All doors accessible from a corridor should be of solid core construction and be equipped with a deadbolt lock. Doors which serve as an entry for delivery should have a door viewer or some system of monitoring the outside. Landscaping: Landscaping should be low profile, using ground cover as much as possible. Cooler: Cooler should be equipped with an unlocking or release mechanism from the interior in the event employees are locked inside during a robbery. Camera: Security cameras should be installed to record and monitor cash flow and customer activity. Safe: A time drop safe should be installed in the manager's office and by registers. Lighting: A security lighting plan should be as follows: planters, aisles, passageways and recesses related to and within the building shall be Illuminated with a minimum intensity of twenty -five one hundredths (.25) footcandles during hours of darkness. Lighting devices should be protected by weather and vandal resistant covers. Addressing: Addressing should be of contrasting color to the background, a minimum of 6" high, and clear and visible from the street for emergency purposes. Addressing should be illuminated during hours of darkness. 0� �p j7jp,�lf� Ga ✓- S I ;FD - 2 1997 f'`P�IK�O ,-d Flo " WING DIVISION CITY OF EL SEG UNDO INTERDEPARTMENTAL CORRESPONDENCE Date: September 2, 1997 To: Paul Garry, Assistant Planner From: Lisa Yarnell, Fire Inspector Subject: Environmental Assessment EA401 and Precise Plan 96 -1 The Fire Prevention Staff has reviewed the application for the proposed changes to 2041 Rosecrans, including the addition of a restaurant and we have no comments or special requirements at this time. Fire Department comments will be given at time of plan check review. Lisa MJYarnell Fire Inspector D SFP - 219T D�V,ifu CITY OF EL SEGUNDO INTRADEPARTMENTAL CORRESPONDENCE Date: 28 August 1997 TO: Bret B. Bernard, AIcp Director of Planning and Building Safety FROM Ron Darville, Senior Plans x miner SUBJECT`. EA -401 and Precise Plan 96 -1 2041 Rosecrans Ave Staff has received your IDC dated 26 August 1997 regarding Environmental Assessment EA -401. I have no specific comments at this time. Plans and specifications will be reviewed for code compliance as they are submitted to this Department for plan review. LIP AUG 2 1997 NNING DIVISIQ PLANNING CONSULTANTS RESEARCH f✓ ENvIRONM[ NTAL PLANNING, POLICY Q RESEARCH August 26, 1997 ��� 1 u \ to 7� Y v V11 C 1 � � �� r 1 ov 1� (0 ►'1SVI �1\' ex pc c-f' Mr. Bret B. Bernard, AICP DIRECTOR OF PLANNING AND BUILDING SAFETY City of El Segundo 350 Main Street El Segundo, CA 90245 RE: We, (-C,- �-I 616e6— `f , o c) ° P.c 1" AIR QUALITY AND FISCAL IMPACT ANALYSIS REVISIONS FOR ENVIRONMENTAL ASSESSMENT 401 (EA-401), PRECISE PLAN 96-1 (AMENDMENTS TO PRECISE PLAN -12) AND ENVIRONMENTAL ASSESSMENT -350 (EA -350) Dear Mr. Bernard: This letter is in response to your letter of August 20, 1997, to Mr. Jerry Saunders of Continental Development Corporation regarding the air quality and fiscal impacts of above - referenced project. The original environmental document evaluated the air quality impacts in three areas: construction emissions, regional emissions and a local Carbon Monoxide (CO) analysis. This analysis indicated that construction of the proposed development would generate exhaust emissions from construction vehicles that represent only 33.2% of the SCAQMD screening threshold. Similarly fugitive emissions of the particulate matter of less than 10 microns (PM10) from building demolition would represent only 13.8% of the screening threshold. The project construction and demolition impacts were concluded not to be significant. The shift in land use from retail /office to restaurant would not result in a substantial increase in air pollutant emissions and the significance threshold for construction impacts would not be exceeded. Therefore, no significant impacts to air quality are expected due to emissions from construction activities. The second type of air quality impact analyzed in the previous environmental document was from post - construction occupancy of the proposed project. The proposed project would generate stationary emissions from electricity and natural gas consumption as well as mobile source air pollutant emissions from vehicle trips attributable to the project. The stationary source impacts were evaluated as well as a detailed analysis of projected mobile source emissions from the proposed retail /entertainment complex. The total regional pollutant emissions were calculated by combining stationary area source emissions with regional mobile emissions. The change in land use from retail/ O [ U v L5 " E W7 °CANNING DIV1F' _r P-C R Mr. Bret B. Bernard, AICP PLANNING CONSULTANTS RESEARCH ENVIRONMENTAL PLANNING, POLICY ft RESEARCH DIRECTOR OF PLANNING AND BUILDING SAFETY August 26, 1997 - Page 2 office for a portion of the project to restaurant uses does represent a higher electricity and natural gas usage rate from stationary sources but it is not sufficient to create an exceedance in the threshold for operational emissions. The proposed restaurant conversion will generate an additional 170 trips on a daily basis. These additional vehicles will produce a slight increase air pollutants from mobile sources. Operational emissions will increase minimally, due to the incremental increase in stationary and mobile source emissions, but will not exceed the SCAQMD threshold for operational emissions and will not result in a significant impact to air quality from operational emissions. The supplemental traffic and parking study performed by Linscott, Law and Greenspan indicated that there would be no change in the total number of generated vehicle trips for the A.M. and P.M. peak traffic hours. The air quality analysis in the original environmental document indicated that the retail /entertainment development would not exceed the significance criteria for local area carbon monoxide concentrations. Though the project traffic distribution from the proposed restaurant use may change, the number of A.M. and P.M. peak period traffic volumes would not change and local CO concentrations and the impacts would remain not significant. The second issue of concern involves the fiscal impact to the City of El Segundo resulting from the changes to the proposed project. The use of proposed retail space for the P.F. Chang restaurant with 7,500 square feet of indoor restaurant space and 1,200 square feet of outdoor space would have positive impacts on sales tax revenues to the City of El Segundo. The original fiscal impact analysis prepared by PCR assumed that the proposed retail space within the proposed development would generate retail sales in the amount of $300 per square foot of retail space. Based on experience with P.F. Chang restaurants in other locations, the 8,700 square -foot restaurant would generate approximately $3,250,000 in annual retail sales (approximately $374/SF). Using the same assumptions as in the previous analysis, there would be a $6,336 increase in sales tax revenues to the City of El Segundo in the first year of project operation. Total sales and use tax revenues in the first year of project operation would increase from $191,700 under the original proposal to $198,000 with the P.F. Chang restaurant. Total annual revenues would increase from $316,400 to $322,700. This would be a positive fiscal impact to the City of El Segundo. D71 Mr. Bret B. Bernard, AICP PLANNING CONSULTANTS RESEARCH DIRECTOR OF PLANNING AND BUILDING SAFETY ENVIRONMENTAL PLANNING, POLICY a RESEARCH August 26, 1997 - Page 3 We hope that this information clarifies any questions regarding this project. If you have any questions, feel free to contact me at (310) 451 -4488. Sincerely, PLANNING CONSULTANTS RESEARCH Gregory J. Broughton President GJB:dvh 233 WILSHIRE BOULEVARD, SUITE 130 SANTA MONICA, CALIFORNIA 90401 18881 VON KARMAN AVENUE, SUITE 650 TEL 310 451 -4488 FAx 310 451 -5219 IRVINE, CALIFORNIA 92612 E -MAIL: PCRQIDT.NET TEL 114 263 -9616 Fax 114 751 -1307 E -MAIL: PCR2@IDT.NET Hartzog & Crabill, Inc. Tram Hartzog. Presideat Jerry Crobill, P.t., Principal 275 Centennial way Subc 208 ToWn. CA 92780 Phaur:(714) 731 -9455 FAX: (714) 731 -9498 August 27, 1997 Laurie B. Jester Senior Plainer CITY OF EL SEGUNDO 350 Main Street E Segundo, CA 90245 Subject: TRAFFIC CIRCULATION REVIEW. CONTINENTAL PARK RETAIL/THEATER PROJECT Dear Ms. Jester: Hartzog & Crabill, Inc., has reviewed the traffic study and supplemental traffic count data relative to the Continental Park RetailArbeater project. Based on our assessment of the study material, along with actual field evaluations of traffic conditions within the study area, the proposed project will provide adequate traffic circulation and parking if the fdbwiq traffic circulation and mitigation measures are implenented. 1 • Approximately 2 to 3 eAsting parking spaces located directly adjacent to the southwest corner of the 2041 building (first 2 -3 spaces on eastside of north/south driveway entrance from Rasecrans Avenue), shall be restricted (e.g. no parking) during T a realm restaurant/theater operating periods (4:00 PM till closing). Farling area should align with the eambq curb line on the opposite side of the driveway to form a uniform (no parking) driveway entrance. Traffic control delineators with "NO PARKING" *= shall be used to clearly mark the area. The application and maintenance of said traffic control memre shaU be the r+esponsibrlity of the applicant until that time when said measure is deemed unnecessary or until other mitigation is reoomnwxled by the City. Cwunitiog Traffic &nguu w.r to Goviernmew Aga= a Page 2 August 27, 1997 2. The applicant and the Cities traffic consultant shall coordinate inspections of Ile Project under various peak a minimum of (3) field potential project related traffic impact:, fief scenarios in order to evalu, any the Project is operational. The reviews sbaD �n immediately after Shall include, a• Traffic circulation and surface parl* on the Rosecrans Avenue entrance to the Site, b• Valet operation as it pertains to traffic cina entrance to the ilation project. on the Rmccrana C. Pedesbiaa and vehicle opecation/c Mdation at the "Passenger loading and unloaft" zones on Nash Street directly ajaeent to the theaters. d- Overall haffic circulation on Nash Street in lieu of the proposed re- coufiguration of the southbound travel lanes and elimination of the two- way left turn lane. e. Parking demand and supply. The results of these field revimn will be evaluated modifications will be recommended. All by the ah'• and if necessary, applicant as '°� � be ' 1 Provided by the sty in order to provide adequate dnW&Uon and a 3• The City of El Segundo Master Plan of Strxts Arterial hw Secondary Nash Street as a in the range Sof ?�.5 000 to SS ,000 Arterial Highways are dm*ncd to handle intra-ci trip lanes and a Singh or double left -tum �an at least six through. The originally Nash Stn � AS shown on the Master Plan of Stream . � in the south, to El Y /south arterial eztendigg from Rosecrm Avenue extends ugh, Segu60 Boulevard in the north. At the present titrte Nash Street Roaecrans Avenue to Park Place and conriasa of four tM,c Wand a Painted taro -way left turn lane. Altmugh the Master Plan o unently shows Nash Street Munft Boulevard, realISUM Dy, any extension of Nash Street northerly to F3 Segtincb SPlaoe fiscally prohibitive at this time. Fj&* �� �tkea hM at Park e� t, in conjunction with the amu g of the AT&SF and SPT raft roads, at Nash ling constraints to the north nrtaloe the eatenaion of Nash Street an extremely ewdy addition to the City's latian system. y Page 3 August 27, 1997 Although the applicant proposes to m on Nash Street to accommodate the ° w°s t traffic circulation (lane geometry) the existing right-of-way and would therefore Project, none of the planned modifications will alter Plan and restoration of he existing lanes ,implementation of the General it feaXble to extend Nash Street. tore am find Therefore, the modifications to Nash Street, as propomed by the applicant, would remain consistent with the General Plan. 4• Although final landscape and hardscape plans for the side of Nash Street adj � � pfd ntods5cations to the west understands Pt'oj are not available at this dnar, it is the t C, understanding, based on meetings with the applicant and the pedestrian/jaywalking activity on Nash Street that the �" report on and parkway arcs preclude direct applicant w� design the sidewalk Roses pedestrian access pedestrian access to the site (with the ezcepuon of adjacent to the Signalized crosswalk and Avenue). By eliminating the a"tivn of uncontrolled access from Nash Street an effort can be made to chatu�liu access to the project via pedestrian crossing and thus minimsze traffic to the signalized the number of jaywalking pedeatriana. City will analyze the effectiveness of this mitigation strategy during the Vie, sessions as noted in item 1 of this appropniak by the Gy �) document. Any additional gyres that atti �� project generated pedestrian traffic will bye recommended of Nash Street he applicant. and unplcmeAted by the S. A circulation and traffic review will be maximum of (12) twelve mouths after issuance ce of the te�cw of moths t e site The definition for the "review" involves the p�cY for the Operating retail, restaurant and theater Pnpsration of a study for the WhW development of the site. The Prop identical to that performed for the �Y� (GMA) calculations for � intersections PM peak boor 4itical Movement Avenue, and R of Aviation Boulevard and Rosecraas asecxaas Avenue and Nash Street. The findings; shall be submitted to Departments of Planning and Building Safety, Public W police and Fire for revvieeww, and approval. If necessary, operations will be modified to maint4, clear access at all times or other mitigation that the t.�ty dccuns circulation and appropriate will be required, Page 4 August 27, 1997 'k'g & C=bM fps that the items discussed in ft ftPmt should be hesitw Ito Co. - If you have say Questio= of require further review, P lesse due not very auly yours, w� I mly FstradA LLwG PASADENA E N G I N E E R S Ti No.818- 792 -0941 APPLICATION ENGINEERS & PLANNERS • TRAFFIC, TRANSPORTATION, PARKING 106 S. Mentor Avenue, Suite 100 a Pasadena, California 91 106 Phone: 818 796 -2321 v 113 681.2629 a Fax: 818 792.0941 November 7, 1996 Mr. Jerry Saunders Continental Development Corporation 2041 Rosecrans Avenue Suite 265 El Segundo, California 90245 Nc 7,96 15:09 No.007 P.02 EXHIBIT "B" FOR AN AMENDMENT TO A PRECISE NOVEMBER 7, 1996 Subject: THEATER PEDESTRIAN CIRCULATION - 870 NASH PARKING STRUCTURE Dear Mr. Saunders: This is in response to your question regarding theater pedestrian circulation in the existing 870 Nash Street parking structure. As we understand it, current plans call for construction of a stairway at the northwest corner of the 870 Nash parking structure which will connect theater pedestrian traffic from the upp -.r parking levels back to the street level, and to the adjacent planned pedestrian cross -walk. Theater guests will be directed to the existing bank of elevators in the middle of the structure, and further advised to exit the elevators at the basement level. Additional signage will direct theater pedestrians from the enclosed basement lobby to the northwest comer of the basement level, where a new stairway will take pedestrians up to street level and the cross -walk. We have evaluated the resultant pedestrian circulation pattern, and find it to be the safest route with the least potential for pedestrian- vehicle conflict. In directing theater pedestrians down to the basement rather than to the street level, conflict with entry and exit traffic inside the parking structure will be eliminated. The relatively small volume of restaurant traffic (which will be directed to basement parking) and valet traffic, is not expected to result in significant conflict with theater pedestrians moving between the enclosed basement lobby and the stairway to the street in the northwest corner of the parking structure. Philip M. Einscott. P.E. MCI.) Jack M. Greenspan. P.E. William A. law. P.E. Met.) Paul W. Wilkinson. P.E. John P. Keating, P.E. David S. Slnndt•r. P.E. 819 792 0941 11 -07 -96 03:10 ?M P002 1;16 LL &G PASADENA TE' No.818- 792 -0941 E N G I N E E R S No, 7,96 1509 No . 007 P.03 Mr. Jerry Saunders November 7, 1996 Page Two We welcome the opportunity to provide this evaluation of pedestrian circulation in the parking structure. Should there be any questions, please do not hesitate to call. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS k M. Greenspan, P.E. - rincipal JMG:ci JMG /Lcaca/2473,Oct 818 792 0941 11 -07 -96 03:10PM P003 #16 LL &G PASADENA TFI E N G I N E E R S No -818- 792 -0941 APPLICATION FOR ENGINEERS & PLANNERS ■ TRAFFIC, TRANSPORTATION, PARKING 234 East Colorado Blvd, Suite 400 • Pasadena, California 91 101 Phone: 626 796-2322 ■ Fax: 626 792 -0941 August 15, 1997 Mr. Jerry Saunders Continental Development Corporation 2041 Rosecrans Avenue, Suite 265 El Segundo, California 90245 -0916 Subiect: Supplemental Traffic and Parking Study Continental Park Retail/Theater Project El Segundo, California Dear Mr. Saunders: A ", 15.97 13:45 No -003 P.02 EXHIBIT "2.0" AN AMENDMENT TO AUGUST 15, 1997 A PRECISE PLAN Linscott, Law & Greenspan, Engineers, is pleased to submit this traffic and parking analysis for the proposed allocation of 7,500 square feet of retail space to restaurant use, and traffic circulation revisions to the existing plaza and theater drop -off. Briefly, the proposed traffic access and circulation revisions consist of the following; • Closing the existing plaza driveway on Nash Street to vehicle traffic. • Converting the easterly 2 /3rds of the plaza to pedestrians only. • Converting the westerly third of the plaza to a valet drop- off/pick -up. • Providing a new sidewalk and curbside theater drop - off /pick-up on the west side of Nash Street. Project Trip Generation Table 1, at the rear of this letter report, presents the approved use trip generation figures which were used in the approved Continental Park Retail/Theater Project Traffic Study of April 17, 1995. Table 1 is based on 80,000 SF (Net Floor Area) of retail use and an 18- screen (3,550 seat) theater. Table 2 presents the current and proposed use trip generation. The proposed retail occupancy will include restaurant/food service use up to approximately 7,500 SF (Net Floor Area). The theater has been completed and is open. It should be noted, that a smaller theater, with 16- screens (3,391 seats) has been built. Phil lg M.Ltnseoit,P.E.iRet.t lack M. Greenspan. P.E William A. Law. P.C. IRel.l Paul W. Wilkinson, P.E. luhn P. Keating, P.£ 0-1--a 1. s)vnAr -r M F )318 't9� UY41 U8 -1b -47 U1:b3PM YUUY ssUb LL &G PASADENA TEL No.818- 792 -0941 E N G 1 N E E R S A"ry 15.97 13:45 N0.003 P.03 Mr. Jetty Saunders August 15, 1997 Page Two Comparison of the AM and PM peak traffic hours shown in Tables 1 and 2, reveal that no change in the total number of generated vehicle trips is expected. On a daily basis, the proposed restaurant conversion will add 170 vehicle trips. This is a 2.6 percent increase in daily traffic and is not considered significant. Parking Demand Tables 3 and 4 present the project mixed - use/shared parking analysis for the peak weekday (Friday) and the peak weekend day (Saturday). The analysis is based on evening and weekend use of half of the 1,688 parking spaces in the 870 Nash Street parking structure. The 7,500 SF. (Net Floor Area) restaurant use is shown along with the addition of 1,200 SF of outdoor dining within the plaza area. Please note that outdoor dining area is not a part of the trip generation analysis. It has been assumed that the number of theater patrons (already accounted for in the trip generation analysis) who would use the restaurant (and continue to occupy a parking space) equates to the number of persons who would occupy the outdoor dining area. Looking at Tables 3 and 4, it can be seen that a surplus of parking can be expected throughout the day and evening on both Friday and Saturday. Tables 5 and 6 are similar to Tables 3 and 4, and show the mixed -use /shared parking analysis expanded to take into account the office and other restaurant uses supported by the entire 1,688 spaces in the 870 Nash Parking Structure. This cumulative parking analysis reveals that a significant parking surplus of 600 spaces or more can be expected on both Friday and Saturday. Revised Traffic Circulation Plan Figure 1, following the tables at the end of this letter report, presents the revised Traffic Circulation Plan. Salient features of the revised plan are the closure of the plaza driveway on Nash Street and the addition of curbside theater drop- off /pick -up on the west side of Nash, consisting of a new 6 foot sidewalk at street level and 12 foot wide curb lane for passenger drop- off/pick -up. The new sidewalk and curb lane will be developed in what is now the southbound Nash Street travel way. The existing 16 foot wide painted median will be removed, and Nash will be restriped to provide two southbound traffic lanes. Two zones, 100 feet (4 vehicles) and 225 feet (9 vehicles) in length respectively, separated by the existing pedestrian cross -walk, will be provided and the existing pedestrian traffic signal modified as needed. The existing plaza, which now carries both vehicle and pedestrian traffic, and serves as a drop -off/ pick- up point, will become a pedestrian only area. The existing eight handicapped parking spaces on the south side of the plaza will be relocated to the adjacent parking structure. 6 1a 1y- Q04- U8- 15-y'7 u1:53PN1 ruu_ saut LL &G PASADENA TEL No.818- 792 -0941 Alin 15,97 13:45 No.003 P.04 E N G I N E E R S Mr. Jerry Saunders August 15, 1997 Page Three At the west end of the plaza, a valet parking drop- off/pick -up will be established. Valet parking will be available to all patrons. Persons desiring valet parking will use the existing project driveway on Rosecrans Avenue west of Nash Street. This driveway has a right -tum deceleration lane for westbound Rosecrans traffic and a shadowed left -turn lane for eastbound traffic (no left -tum out). Theater traffic which currently uses the plaza driveway on Nash Street will be diverted to either the Rosecrans driveway or to the parking lot driveway north of the theater at the intersection of Nash Street and Park Place. Existing Nash Driveway Traffic Figures 2 through 2D, and 3 through 3D, present the hourly traffic pattern at the driveways expected to be affected by the revised circulation plan, for Friday August 1, 1997 and Saturday August 2, 1997, from 5:00 PM to 10:00 PM. Figure 2D (9:00 -I0:00 PM) shows the peak Friday traffic volume on the Nash driveway, at 301 vehicles; 173 entering and 128 exiting (including 25 illegal left -turns onto northbound Nash). Figure 3C (8:00 -9:00 PM) shows the peak Saturday volume at 270 vehicles; 155 entering and 115 exiting (including 35 illegal left- turns). While exact theater ticket sales are not available for analysis, theater management has provided an estimated peak occupancy (based on the total number of available seats) of 50 percent on Friday and 60 percent on Saturday. Field observations indicate that most of the vehicles entering the plaza from Nash Street are headed to the parking structure. However, about a third of the entering vehicles drop -off a passenger (there are very few pick -ups), with some going on to the parking structure, and others waiting for the passenger to buy a theater ticket and then going to parking. A number of pre -show ticket buyers were also observed. These persons parked in the plaza, with either the driver or passenger leaving the vehicle to to purchase theater tickets. After the ticket puchase, the vehicle did not go to parking, and instead departed the plaza. Examination of Figure 2D (the peak observed driveway volume), reveals relatively light traffic on both the Rosecrans driveway and the Nash -Park Place driveway. The 128 exiting vehicle trips and the 115 entering vehicle trips which go directly to parking, that are displaced by closing the plaza driveway can be easily accommodated by these driveways. The 58 peak hour vehicles which now drop -off a passenger in the plaza can be readily served by the 13 new curbside drop -off /pick -up spaces on Nash Street. To go to parking, these vehicles would drive south on Nash and turn right around the corner to the Rosecrans driveway. 616 79_ 0941 08 -15 -97 01:53PM P004 #05 LL &G PASADENA E N G I N E E R S Conclusions TEL No . 818- 792 -0941 P ", 15,97 1345 No-003 P.05 Mr. Jerry Saunders August 15, 1997 Page Four 1. The proposed restaurant/food service use of 7,500 SF (Net Floor Area) of planned retail use will not produce a significant increase in vehicle trip generation. 2. The 7,500 SF (Net Floor Area) of restaurant use, plus 1,200 SF of outdoor dining, will not generate a significant decrease in the expected parking surplus. 3. The Revised Traffic Circulation Plan will not result in adverse traffic impact as a result of closing the plaza driveway on Nash Street, and will increase pedestrian safety. 4. The new curbside drop- off /pick -up lane on the west side of Nash Street will provide greater capacity and safety than the existing plaza. We have welcomed the opportunity to be of service. Should there be any questions regarding the above, please do not hesitate to call. Sincerely, LINSCOTT, LAW & GREENSPAN, ENGINEERS r enspan, P.E. c V W0142 Attachments * Esp. 3031100 JMG:ci .1b 7y_ Oyai O8-i5-y 01:53PM Pu05 guy LL &G PASADENA TF1 No-818-792-0941 A" ry 15,97 13:45 NO-003 P-06 TABLE 1 APPROVED USES TRIP GENERATION Continental Park Retail/Theater Project ITE LAND USE CODE: AM Peak Hour PM Peak Hour PROJECT DESCRIPTION DalIF Enter Exit mwmmmm�50 Total Enter Exit Total 820: Retail (80,000 SF) 444: Theatre (18 Screens) 6150 2800 90 0 0 mft�l 0 285 235 285 105 570 340 Total Project Trips 89501 50 140 5201 390 910 Net Trips After Adjustment for Pass By Trips -2460 2Q - 6490 55 30 85 ,.1� 405 275 680 bib ,b__ ulti41 Ub -15 -97 U1:53PM P006 #05 LL &G PASADENA TFi. N0.818-792-0941 At— 15,97 1345 No . 003 P.0,? TABLE 2 CURRENT AND PROPOSED USE TRIP GENERATION Continental Park Retail/Theater Project ITE LAND USE CODE: AM Peak Hour PM Peak Hour PROJECT DESCRIPTION Dapy Enter it Total 'Enter Exit 265 15 95 Total 530 55 305 820: Retail (72,500 9F) 832: Restaurant (7,500 SF) 444: Theatre (16 Screens) 5780 730 2460 85 5 0 50 0 0 135 0 265 40 210 Total Trip Projects 89701 901 50 140 515 375 88 Net Trips After Adjustment for Pass By Trips -2310 6660 55 30 85 -m � :21� 410 270 680 d10 79; UV4i Ud -15 —V7 U1:53PM PU07 ttU5 LL &G PASADENA 7io m d C c W L A rz m w m � � Q J O U N C • W- TFZ No . 818- 792 -0941 Ai, 15,97 1345 No . 003 P.08 Sol— v ` U) ul 0 T- CD IM YJ�% !U.,VI1�1t!NcoS�1AN00rInCpm�D�r t-- M au, QQileftOto W N C7 C9 Y• i j ylQ ZZ-j ; Wl0000000ooCD040v VVVv �Ya lLL r- f`tititititiv r f anOnan�n U) an c vi o c 1- Z • V,O M V-000 0 0 M O CO Of 0 CO N N M O•: N: 1`•:� m QY !0 0tiNQ'000ONrNNV00vCO; O• N• N H v ;p' I e- .- N. 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I THEATER PARKING --- _..- --- STRUCTURE PARKWO STRUCTURE ` -125 —30 Ij PLAZA 25 —' 11 a i I' I 1 2041 ROSECRANS Q Z 1-241 70 —' — 705 -3e To 603-- 37 —, ROSECRANS too we AVENUE LINSCOTT LAW & GREENSPAN !Nl- i 11 tl i E wT 5 NOT TO A Al F 2D EXISTING TRAFFIC VOLUMES FRIDAY 8/1/97 9:00 —1000 PM alb 79_���al.. ..�.. -•a'3 ��=9` iii'n ?i4--Pb'f— -t0 LL6-b rHbHULIVH TEL N0.818- 792 -0941 Aug 15.97 13:45 NO-003 P.17 PAWM LOT I I i I PARKING STRUCTURE I ' I i I i THEATER I i CIA _..- ' ` -4a PLAZA 8 -' 74 - -% ROSECRANS L14 40--d 74-' 1424 -- 521 ROSECRANS LINSCOTT LAW & GREENSPAN Nr i 1.1 v i 14 E E iI. NOT TO SCAB e' _�-- N n PARK PLACE CPAR STRUCTLIRE i 1,-.m —1230 ;•85 AVENUE 3 EXISTING TRAFFIC VOLUMES SATURDAY 8/2/97L 5:00 - p6:001�PcM �y ?r0r41MC \RA/ DAQ9 Ow�7Tf�C�jTjPM��1 lTS LL &G PASADENA TEL No.818- 792 -0941 Aug 15 97 13:45 No.003 P.18 PARKNO LOT I 1 I i THEATER PARKING STRUCTURE -78 , -28 PLAZA 22-' 79 -% I mc� ROSECCRANS I J o �RS�R N u. V PARK PLACE CPARKWG STRUCTURE -`a -m - -ns3 -77 108-4 250- 32--j ROSECRANS r, a AVENUE LINSCOTT 3A LAW & EXISTING TRAFFIC VOLUMES GREENSPAN �LNf SATURDAY 8/2/97 6:00 - 7:00 PM c i i i N E E It S NOT TO SCALE dlti 79Z 0941NFAIT�1 DAOO8 Q�91 �53.�IvP�PO18T# LL &G PASADENA TEL No.818- 792 -0941 Alig 15,97 13:45 No-003 P.19 )a is QN Q f � A PARKING LOT THEATER PARKING STRUCTURE -123 ,-41 PLAZA 24--o 7B , I i 2041 ROSECRANS I i b.irl-, 142-4 1033- - 24- 1 ROSECRANS �.j LINS 0TTT LAW & GREENSE NOT TO SCALE %o PARK PLACE ec I W CE PARKING C STRICT Q `- 242 1043 , -64 AVENUE 3B EXISTING TRAFFIC VOLUMES ft SATURDAY 8/2/97 7:00 - 800 PM b 1 tl 73z^0t4 fale►rTas n�cbe n �d�7rr�1��T t° f� tt0 LL &G PASADENA TZ! No.818 -792 -0941 P-lg 15.97 13:45 No-003 P.20 PARKING LOT � i I THEATER � PARKING i STRUCTURE i n e Ln t � � � 113 -30 PLAZA 35-1 80 -, �N roll I 2041 ROSECRANS i I I i 85 -1 134 -t 978-- 31- , ROSECRANS LINSCOTT LAW & GREENSPAN �- P! •+ i N i E At $ NO TO SCALE li � to� ,,ate . osl� PARK PLACE CPARKING STRUCTLRE e ` -221 - 863 , 47 Q AVENUE 3C EXISTING TRAFFIC VOLUMES /�ySLARTcURDAY 8/Q2C/�97 8 :00 - 9:00 PM y j H 7 6'1 6lV2l UTAI OAMWo?- 1 9t' 0uffI T ?TPM ^I Z'b 5 Lt_ &G PASADENA J No -818- 792 -0941 1 15,97 13:45 No.003 P-21 PARKWO LOT THEATER i PARKING i STRUCTURE , i i I a01. _ a. r - `125 ,-30 PLAZA 6 -� 69 - -% sa Q RO 204SECAAP6 i i L._ B2 -' 97J a" -- 21'1 ROSECRANS LINSCOTT LAW & GREENSPAN ° H •-i 1 r1 E E 9 NOT TO SCALE N oloTt �¢ tz w rrF,� VJ PARK PLACE CPARKING STFi1CTURE ,—loJ - -307 r -22 a , AVENUE 31) EXISTING TRAFFIC VOLUMES SATURDAY 8/2/97 9:00 - i0:o0 PM d 18 7 9 2C p t7jNENTAL PA% AFT��/TFjyIi tW MM�F w+ V N � IL r EXh. .T "3.0" APPLICATION FOR AN AMENDMENT TO A PRECISE PLAN AUGUST 15, 1997 i fit N t N � s M 7 fl *i c+ �� = is c, HEe m €`� z E c. z g p a a z p Q & Q s Z d r a s _ °m 2 a a m m 0 m M a ,� — 3 p. 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Mentor Avenue, Suite 100 0 Pasadena, Cali(ornia 91 106 Phone: 816 796 -2322 8 213 681.2629 a Fax: 816 792.0941 November 7, 1996 Mr. Jerry Saunders Continental Development Corporation 2041 Rosecrans Avenue Suite 265 El Segundo, California 90245 Subject: THEATER PEDESTRIAN CIRCULATION - 870 NASH PARKING STRUCTURE Dear Mr. Saunders: This is in response to your question regarding theater pedestrian circulation in the existing 870 Nash Street parking structure. As we understand it, current plans call for construction of a stairway at the northwest corner of the 870 Nash parking structure which will connect theater pedestrian traffic from the upper parking levels back to the street level, and to the adjacent planned pedestrian cross -walk. Theater guests will be directed to the existing bank of elevators in the middle of the structure, and further advised to exit the elevators at the basement level. Additional signage will direct theater pedestrians from the enclosed basement lobby to the northwest comer of the basement level, where a new stairway will take pedestrians up to street level and the cross -walk. We have evaluated the resultant pedestrian circulation pattern, and find it to be the safest route with the least potential for pedestrian- vehicle conflict. In directing theater pedestrians down to the basement rather than to the street level, conflict with entry and exit traffic inside the parking structure will be eliminated. The relatively small volume of restaurant traffic (which will be directed to basement parking) and valet traffic, is not expected to result in significant conflict with theater pedestrians moving between the enclosed basement lobby and the stairway to the street in the northwest corner of the parking structure. Philip M. L inscotl.l'.E.(Kel.) lack M. Greenspan. P.E. William A. Law, P.L. Met.) Paul W. Wilkinson. P.E. )olvn P. Keating, 1'.L. David S. Spender. P.E. 818 792 0941 11 -07 -96 03:10?M' P002 #16 LLBG PASADENA T— N0.818 -792 -0941 Nr 7.96 15:09 N0.007 P.03 E N G I N E E R S Mr. Jerry Saunders November 7, 1996 Page Two We welcome the opportunity to provide this evaluation of pedestrian circulation in the parking structure. Should there be any questions, please do not hesitate to call. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS gGreenspan, P.E.1 JMG:ci JMG 1Lcttcrs/2473.Oct 818 792 0941 11 -07 -96 03:1OP.M, P003 #16 i� 'OOd.._ W Z :SO 'S —rt_e� 1r,i,c,FbR7rIrJ I ; I i • 1 ` I � 'I �� C^1i`�C� I ` I I j �j <>! -Tl I Cl I i i I Ill 7�I1 I I MJ D D m I ,III I I: C _ i ! i j\�j� _ 9 .. Y r ®} i i I I ! I J y0 39vd N35-13N i089606Z09 ST:Li L66T /bT /80 Z d W n r T �n Tnaaaefizo4 D 'o 'C r C-) D ---1 C Z T C D C D 2 m W o � � 3 _ rn C+ �z, ko w v C D m n m r D Z CO 3DVd S. i08960SZ09 ST:/-1 166i /tli /88 Z` L8 39id nc _ �r i 1 noc.-- F4 r •h +f7z X C D = N 3 z � cn � 3 _ rn � v O o m Cl N m r D z IN w000VO OZ 22 & •C L 4661/b1/60 !p Si 1 s. 133HIS 3. i� griodY sl ti � e i Y AYN ANYd 8;v.9 1 0 B o I., V 1i6P Z J C P Q U J D U U U LL LL W w cc a O�zfZ W LL &G P°conr7 in Tcl Ai.. 040_70'] -nnA1 E N G I N E E R S ENGINEERS & PLANNERS @ TRAFFIC, TRANSPORTATION, PARKING 234 fast Colorado Blvd, Suite 400 • Pasadena, California 91101 Phone: 626 796 -2322 ■ Fax: 626 792 -0941 August 26, 1997 Mr. Jerry Saunders Continental Development Corporation 2041 Rosecrans Avenue, Suite 265 El Segundo, California 90245 -0916 ip[�QCOd�s� Ali 2 6 '.r'! ANNING DIVIS, Subject: Six Month Status Report Per Condition of Approval No. 13, EA -350 Continental Park Retail/Theater Project El Segundo, California Dear Mr. Saunders: Linscott, Law & Greenspan, Engineers, is pleased to submit this Six Month Status Report in conformance to Condition of Approval No. 13, EA -350, Continental Park Retail/Theater Project, El Segundo, California. Existing Conditions The Continental Park Retail/Theater project is still under construction. The approved theater and plaza were completed in late 1996, and have been open for at least six months. Construction is still underway in the 2041 Rosecrans Building which is partially occupied. The ground floor is vacant and 35,233 net square'feet (NSF) continue to be occupied on the second and third floors. All approved parking facilities are in place. However, a number of parking spaces in the small parking area on the west side of 2041 Rosecrans have been taken out of service as a result of construction activity. This amounted to 20 parking spaces at the time the six month survey was conducted. It should also be noted that a smaller theater, with 159 fewer seats, and two less screens has been built. The crosswalk and pedestrian actuated traffic signal has also been installed on Nash Street. Six Month Survey The six month survey of traffic and pedestrian levels, and parking, was conducted on Friday, August 1, and Saturday, August 2, 1997. Turning movement traffic counts were made at the key access Philip M. Linscott, P.C. Met.) lack M. Greenspan, P.E. William A. Law, P.E. (Rol.) Paul W. Wilkinson, P.F. John P. Kealin8, P.E. David S. Shendep P.C. 818 792 0941 08 -26 -97 11:35AM P002 3126 LL &G,PASADENA TEL No.818- 792 -0941 Aug 26.97 11:27 No.009 P.03 1 N c I N E E R 5 Mr. Jerry Saunders August 26, l 997 Page Two points and internal intersections and driveways to document current operational characteristics. Parking counts were also conducted in all supporting parking facilities at 6:00 PM, 8:00 PM, and 10:00 PM on both Friday and Saturday. Figures I through ID, located at the rear of this Letter Report, present the hourly results of the Friday vehicle and pedestrian counts, and Figures 2 through 2D the Saturday counts. Figure 3 illustrates the theater schedule and shows the motion pictures playing and their start times (which were the same for both Friday and Saturday evenings). It should be noted that "Air Force One" and "Men In Black" are two of the most popular of the summer's movies and are shown on multiple screens (three screens for AFO, and two screens for MIB). Estimates made by theater management prior to the counts indicated an expected overall peak occupancy of 60 percent of the 3,391 available seats. Our understanding of the industry is that an overall peak occupancy of 60 percent represents a "hit movie" characteristic. Table 1, following the figures, presents the parking survey results. Pedestrian Traffic A major feature of the project is the crosswalk and pedestrian actuated traffic signal on Nash Street. The crosswalk and signal provide a safe, controlled and lighted area, for passage between the 870 Nash Parking Structure and the theater. Table 2 presents the hourly number of pedestrians crossing Nash Street who were observed to use the crosswalk, and the number who were seen to jaywalk (between the southeast comer of the parking structure on the east side of Nash and the plaza on the west side of the street). Also shown is the percent of pedestrian traffic using the crosswalk and the percent jaywalking. Looking at Table 2, it can be seen that the peak pedestrian volume crossing Nash Street was observed on Friday, between 8:00 PM and 9:00 PM. During that time 915 pedestrians crossed Nash Street; 563 (61.5 percent) in the crosswalk, and 352 pedestrians (38.5 percent) jaywalked. Further examination of the Saturday data shows 756 crossings of Nash between 7:00 PM and 8:00 PM. The EA -350 pedestrian forecast for the completed project was 2,340 pedestrians. Existing hourly theater pedestrian traffic is significantly less than predicted. In our opinion, the lower hourly pedestrian volumes are a result of the operational characteristic which spreads out the movie start times, as illustrated in Figure 3. Vehicle Traffic Again referring to EA -350, a Saturday evening (7:00 PM to 8:00 PM) traffic volume of 1,278 vehicles was predicted (780 arriving, 498 departing). Examination of Figure 213 shows an actual 818 792 0941 08 -25 -97 11:35AM P003 #26 LL &G.PASADENA TEL No.818- 792 -0941 Aug 26,97 11:27 No.009 P.04 E N G I N E E R S Mr. Jerry Saunders August 26, 1997 Page Three count of 1,012 vehicles (702 arriving, 310 departing). This comparison illustrates that the existing hourly theater traffic is significantly less than predicted. In our opinion, the lower hourly traffic volumes are also a result of the spread start operational characteristic which is evidenced in most of the larger multi -screen theaters. This is clearly illustrated in Figure 3 which shows the start times during the traffic survey - evenings. Parking Table 3 presents a comparison of the actual number of vehicles parked to the mixed -use shared parking model.employed in EA -350. Table 3 is based on existing development, which consists of the completed portions of the project, plus the adjacent office use and Wolfgang Puck restaurant, that are supported by the 870 Nash Street Parking Structure. Looking at Table 3, it can be seen that the actual number of parked vehicles is less than the number of spaces predicted by the shared parking model. Examination of the model indicates a conservative treatment of Friday and Saturday office parking demand. In this instance, taking into account the location and type of office use, the modeled Friday and Saturday evening office parking demand is overstated. However, further analysis of the Saturday parking peak, employing only the modeled theater and restaurant figures, produces a demand for 941 spaces at 8:00 PM. The actual Saturday parking count at 8:00 PM was 949 vehicles (an eight vehicle difference of less than one percent). In any event, there is sufficient parking to meet existing demand. It should also be noted that the. Saturday peak parking count ( 0.28 spaces per seat) validates the City requirement of one space for each three seats (0.33 spaces per seat) after allowance for circulation. We welcome the opportunity to prepare this Six Month Status Report. Should there be any questions regarding the above, please do not hesitate to call. Very truly yours, Linscott, Law & Greenspan, Engineers Oack M. 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W X78 r28 z PARK - -37 33_. �r A� i t THEATER - -140 -( c JJ 14 52 10J Q 1�t3 PARKNO STRJCUIRE in r i N l" PLACE ;J I F ,J N� ` A, +N 0 07 Z 7 -1B7 J 1 l 69� 95 �m `X372 1177- 74-1 - 125 11162 - ROSECRANS 1 R .1 AVENUE � -4 ti LINSCOTT LAW & GREENSPAN F N G 0 H E E R S NOT TO SCALE 1A EXISTING TRAFFIC VOLUMES FRIDAY 8/1/97 6 :00 - 7 =00 PM 8 18 7 9 2 CONTINENTAL PAjW F F6Ttj1 IT iFilFAp ppc1,��;T 2 LL &G.PRSADENA TEL No.818- 792 -0941 Aug 26,97 11:27 No.009 P.10 1p � -1316 32� r79 of f142-1 RMECRANS ¢g AVENUE w LINSCOTT LAW GREENSPAN N mgz X81 _ r 1B EXISTING TRAFFIC VOLUMES FRIDAY 8/1/97 7=00 - 8:00 PM 8 1 8 792 C-0 g 4 11NFNTAI pA% iF6TA11 RFIF/j� Ap p% ,F 2 LL &G PASADENA TEL No.818- 792 -0941 P .ARONo Orr PAFKWO ITRwT E r30 r t u rrW►TM _4W 70 282 29J do- %a h Aug 26,97 11:27 No.009 P.11 —00 PLACE oo, .20 W 2- J y 73 L 1 t !� I ;tr-f i-.,5 1 G '` 1 OR y 10 Or Roe CR" O + Z O J1 ` �� 226 82-1 J r'S6 `141 r� >0�21�- lm_ ff ROSECRANS AVENUE F OTT & NSPAN N E fJ G 0 Rl E E R S NOT TO soAU 1C EXISTING TRAFFIC VOLUMES FRIDAY 8/1/97 8 =00 - 9.00 PM 818 792r q 'ucUTwl o�9� JVV�r1 r. tl51l° rn �enr 11 #2 LL &G.- PASADENA TEL No.818- 792 -0941 Aug 26,97 11:27 No.009 P.12 o; e� PARK —3 PLACE - RARKN6 LOT � PAMM amr.rI e �Y25 X30 t -- 150 25-1 1D31 1 -1 L� 0 Q 0 Z %-2a1 "_ so -785 70 - -8570--1 A � X38 803- �.- _ 371 59 ,. 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LL &G.PASADENA TEL N0.818- 792 -0941 Aug 26.97 11:27 No.009 P.13 Yi L fi YI ✓1 v L LINSCOTr 2 LAW EXISTING TRAFFIC VOLUMES GREENSPAN W SATURDAY 8/2/97 5 :00 — &-00 PM E H G I N E E R S NOT TO SCALE 818 792 C.0,101NENTAL PAF - JF6TJl�/T Jj jt P�fjSl',12 PARK —b PLACE �o to -- rouuw LOT i Rj f TwAnm _ o PAWJJo f111JCT1rFE — 88 82- ►AWIG liRUCIM —70 X48 25— 74--, r Big N 2041 TE 0 MOM" 07 O 1 az Sir's yy►� Moto --23 `49 - 1L95 40-' 74-J r65 2J r91 U24- 521 14- 140-, ROSECRANS jq e AVENUE MEMO LINSCOTr 2 LAW EXISTING TRAFFIC VOLUMES GREENSPAN W SATURDAY 8/2/97 5 :00 — &-00 PM E H G I N E E R S NOT TO SCALE 818 792 C.0,101NENTAL PAF - JF6TJl�/T Jj jt P�fjSl',12 LL &G PASADENA TEL N0.818 -792 -0941 Aug 26 97 11:27 No.009 P.14 f� ur ROSECRANS IAW GREENSPAN E N G I N E E R S 1260 - 32"% `rn - -ns3 rn 46, 1283 - 1 135ti m ag AVENUE ^s 3t `n -.W7 r 2A EXISTING TRAFFIC VOLUMES SATURDAY 8/2/97 6 =00 - 700 PM NOT TO SCALE CRVTINENTAL PAIj 2V 9 T f IE 3 &M P fT #2 818 '792 LL &G.PASADENA TEL No.818- 792 -0941 Aug 26,97 11:27 No.009 P.15 `23 X242 1-43 -M3 - w 86 142 r,64 59 -� -41 103;1- M4- 24 vs.., ROSECRANS AVENUE LINSCOTT 2B LAW & GREENSPAN N EXISTING TRAFFIC VOLUMES SATURDAY 8/2/97 7q)0 AnO PM 26 -97 11:35AM P015 #2 LL &G.PASADENA TEL No.818- 792 -0941 Aug 26.97 11:27 No-009 P.16 85 --, Y!4 -., 078 - M-% ROSECRANS ryi u. LINSCOTT LAW & II IGREENSPANI I E N G 1 N E E R S NOT To � 863 X66 ,47 51_, 84 -, R� AVENUE 2C EXISTING TRAFFIC VOLUMES SATURDAY 8/2/97 8 :00 - 900 PM CONTINENTAL PARK RETAIL/THEATER PROJECT 818 792 0941 08 -26 -97 11:35AM P016 ! LL &G.PASADENA TEL No.818- 792 -0941 Aug 26,97 11:27 N0.009 P.17 ROSECRANS 97-1 664 - 2}-% %- gs 1, 47 —807 801 r 22 26--' r 1a 806 - S0-, p AVENUE�c LINSCOTT 2D LAW & EXISTING TRAFFIC VOLUMES F, GREENSPAN N SATURDAY 8/2/97 9.00 -10.00 PM E N C I N E E R 5 NOT TO SCALE CONTINENTAL PARK RETAIL/THEATER PROJECT 818 792 0941 08 -26 -97 11:35AM P017 LL &G.PASADENA TEL No.818 -792 -0941 Aug 26.97 11:27 No.009 P.18 U � a Q O D�� m Q O z =Q! 0 -- Z o � Wok W a a F- z W' U M Q 0 Q LL o a 8 r OO e U � a Q O D�� m Q O z =Q! 0 -- Z 8 OD U Ly cl) WN D�� z =Q! Wok W a a F- z W' U M Q 0 Q LL Q 0 2512 1A ED 'U 818 792 0941 08 -26 -97 11:35AM P018 #26 I I PLANNING CONSULTANTS RESEARCH ENVIRONMENTAL PLANNING, POLICY El RESEARCH August 26, 1997 Mr. Bret B. Bernard, AICP DIRECTOR OF PLANNING AND BUILDING SAFETY City of El Segundo 350 Main Street El Segundo, CA 90245 RE: AIR QUALITY AND FISCAL IMPACT ANALYSIS REVISIONS FOR ENVIRONMENTAL ASSESSMENT 401 (EA-401), PRECISE PLAN 96-1 (AMENDMENTS TO PRECISE PLAN -12) AND ENVIRONMENTAL ASSESSMENT -350 (EA -350) Dear Mr. Bernard: This letter is in response to your letter of August 20, 1997, to Mr. Jerry Saunders of Continental Development Corporation regarding the air quality and fiscal impacts of above - referenced project. The original environmental document evaluated the air quality impacts in three areas: construction emissions, regional emissions and a local Carbon Monoxide (CO) analysis. This analysis indicated that construction of the proposed development would generate exhaust emissions from construction vehicles that represent only 33.2% of the SCAQMD screening threshold. Similarly fugitive emissions of the particulate matter of less than 10 microns (PM10) from building demolition would represent only 13.8% of the screening threshold. The project construction and demolition impacts were concluded not to be significant. The shift in land use from retail /office to restaurant would not result in a substantial increase in air pollutant emissions and the significance threshold for construction impacts would not be exceeded. Therefore, no significant impacts to air quality are expected due to emissions from construction activities. The second type of air quality impact analyzed in the previous environmental document was from post - construction occupancy of the proposed project. The proposed project would generate stationary emissions from electricity and natural gas consumption as well as mobile source air pollutant emissions from vehicle trips attributable to the project. The stationary source impacts were evaluated as well as a detailed analysis of projected mobile source emissions from the proposed retail /entertainment complex. The total regional pollutant emissions were calculated by combining stationary area source emissions with regional mobile emissions. The change in land use from retail/ CNNING 2 6 W7 DIVI Mr. Bret B. Bernard, AICP DIRECTOR OF PLANNING AND BUILDING SAFETY August 26, 1997 - Page 2 PLANNING CONSULTANTS RESEARCH ENVIRONMENTAL PLANNING, POLICY Et RESEARCH office for a portion of the project to restaurant uses does represent a higher electricity and natural gas usage rate from stationary sources but it is not sufficient to create an exceedance in the threshold for operational emissions. The proposed restaurant conversion will generate an additional 170 trips on a daily basis. These additional vehicles will produce a slight increase air pollutants from mobile sources. Operational emissions will increase minimally, due to the incremental increase in stationary and mobile source emissions, but will not exceed the SCAQMD threshold for operational emissions and will not result in a significant impact to air quality from operational emissions. The supplemental traffic and parking study performed by Linscott, Law and Greenspan indicated that there would be no change in the total number of generated vehicle trips for the A.M. and P.M. peak traffic hours. The air quality analysis in the original environmental document indicated that the retail /entertainment development would not exceed the significance criteria for local area carbon monoxide concentrations. Though the project traffic distribution from the proposed restaurant use may change, the number of A.M. and P.M. peak period traffic volumes would not change and local CO concentrations and the impacts would remain not significant. The second issue of concern involves the fiscal impact to the City of El Segundo resulting from the changes to the proposed project. The use of proposed retail space for the P.F. Chang restaurant with 7,500 square feet of indoor restaurant space and 1,200 square feet of outdoor space would have positive impacts on sales tax revenues to the City of El Segundo. The original fiscal impact analysis prepared by PCR assumed that the proposed retail space within the proposed development would generate retail sales in the amount of $300 per square foot of retail space. Based on experience with P.F. Chang restaurants in other locations, the 8,700 square -foot restaurant would generate approximately $3,250,000 in annual retail sales (approximately $374/SF). Using the same assumptions as in the previous analysis, there would be a $6,336 increase in sales tax revenues to the City of El Segundo in the first year of project operation. Total sales and use tax revenues in the first year of project operation would increase from $191,700 under the original proposal to $198,000 with the P.F. Chang restaurant. Total annual revenues would increase from $316,400 to $322,700. This would be a positive fiscal impact to the City of El Segundo. Mr. Bret B. Bernard, AICP DIRECTOR OF PLANNING AND BUILDING SAFETY August 26, 1997 - Page 3 • j PLANNING CONSULTANTS RESEARCH ENVIRONMENTAL PLANNING, POLICY Et RESEARCH We hope that this information clarifies any questions regarding this project. If you have any questions, feel free to contact me at (310) 451 -4488. Sincerely, PLANNING CONSULTANTS RESEARCH Gregory J. Broughton President GJB:dvh 233 WILSHIRE BOULEVARD, SUITE 130 18881 VON KARMAN AVENUE, SUITE 650 SANTA MONICA, CALIFORNIA 90401 IRVINE, CALIFORNIA 92612 TEL 310 451 -4488 FAx 310 45 1 -52 79 TEL 714 263 -9616 Fax 714 752 -1307 E -MAIL: PCR ®IDT.NET E -MAIL: PCR2 ®IDT.NET RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT - 401 (EA-401) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT -350 (EA -350) AND ADOPTING PRECISE PLAN 96 -1 (PP 96 -1) AS THE FOURTH AMENDMENT TO PRECISE PLAN 12- 72 (PP 12 -72), TO ALLOW MODIFICATIONS TO THE PARKING STRUCTURE STAIRWAY AND DIRECTIONAL SIGNAGE, TRAFFIC CIRCULATION PLAN REVISIONS AND OUTDOOR DINING AT 2041 ROSECRANS AND 831, 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, an d 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, 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); Rq 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 underl_vin� zone: the "Urban Mixed -Use South (MU -S) Zone." The applicant requested to amend the Precise Plan to allow all the land uses in the Precise Plan that are presently allowed in the MU -S Zone. This includes: a. Permitted Uses; b. Permitted Accessory Uses; c. Uses Subject to an Administrative Use Permit; d. Uses Subject to a Conditional Use Permit; and e. Adult Business Permits. Additionally, the applicant requested that uses in the Plaza and Entry Court, including outdoor dining, retail sales, and other ancillary uses which are supportive of the site's primary retail uses, are included as permitted uses. b Amendment of the Precise Plan development standards to conform with the current code for the underlying zone: the "Urban Mixed- Use South (MU -S) Zone," The applicant requested to amend the Precise Plan to incorporate the development standards of the MU -S Zone into the Precise Plan, except as may have been previously established and constructed under the Precise Plan. C. Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. The applicant requested that the City establish a procedure to provide for minor modifications to the requirements of the Precise Plan, subject to the review and approval of the Director of Planning and Building Safety. The procedure would allow flexibility for the applicant to meet market changes without the necessity of a full Precise Plan amendment. They have indicated a desire to provide for minor modifications to enhance the development without creating adverse impacts for surrounding developments. 13. The area surrounding the project site is highly urbanized. 14. The project site is located within the southeast portion of the City of El Segundo approximately one (1) mile to the west of the San Diego Freeway [Interstate -405 (I- 405)]. The project area is approximately 6.03 acres (262,737 square feet). The project is bounded by Rosecrans Avenue on the 3 south, Nash Street on the east, an industrial facility (Air Products) on the west, and railroad tracks on the north. Local jurisdictions bordering or near the site include the City of Manhattan Beach located immediately south of Rosecrans Avenue and the City of Hawthorne locate to the east of Aviation Boulevard. 15. The site is in the southwestern portion of Continental Park, which is a large office and industrial park containing approximately 2 million square feet of office, research and development, hotel, health club, restaurant, retail, and movie theater uses. 16. The project site is currently developed and has been historically used for commercial uses since 1972. The City's General Plan designates the site for mixed use development. The project is located within a highly urbanized environment. The topography of the site is quite level and contains no unique geologic features. Landscaping is limited to the areas adjacent to South Nash Street on the east, the rear yard setback on the north, and along Rosecrans Avenue to the south. 17. The area surrounding the project site is highly urbanized. Land uses are comprised of office, commercial, restaurant, theater, research and development, and other similar uses. The Manhattan Marketplace Retail Center and a five -story office building housing a credit union are located to the south across Rosecrans Avenue. Beyond the credit union building is the Radisson Hotel with golf and tennis facilities. To the southwest of the project across Rosecrans Avenue lies the Manhattan Village Shopping Center. 18. There are no residential uses located in the immediate project vicinity. The nearest residential uses are approximately 1,000 feet south of the project, adjacent to the Radisson Hotel golf course. The project site is only visible from Rosecrans Avenue on the south and from South Nash Street on the east. Topographically, the project vicinity is generally level to rolling terrain and is currently developed except for north of the property. 19. The existing buildings, uses and development standards were approved under a Precise Plan (PP -12) in 1972. The Precise Plan was previously amended by PP 73 -3, PP 74 -10, and PP 94 -1. 20. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Mitigated Negative Declaration for EA -350 was prepared and circulated for interdepartmental and affected agency review. No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts to traffic /circulation, risk of upset, air quality and public services. The applicant is requesting a determination that the requested actions of the City are within the scope of the development limits established by the approval of EA -350 (which was approved with a Mitigated Negative Declaration related to environmental effects). 21. The applicant submit three (3) studies and an environmental questionnaire related to the environmental effects of the proposed project. The three studies evaluated fiscal, traffic and air quality effects of the proposed project related to the previous approvals. City Staff and consultants have reviewed the studies and found them to be prepared in accordance with CEQA and City Standards. The studies provide the necessary facts for required CEQA findings. 22. The Fiscal Impact Analysis indicates the proposed project will generate a fiscal surplus for the City, after consideration of City service costs. 4 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 1. The Initial Study concluded that the previous project (EA -350) will not have a significant, adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA), and the subject project is within the environmental thresholds established and approved through EA -350; and, 2. That when considering the whole record, there is no evidence that the proposed modifications to the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, 3. That the City Council authorizes and directs the Director of Planning and Building Safety to file with any appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. PRECISE PLAN_ 1. That the proposed location of the project is in accord with the purposes of the zone in which the site is located. The proposed project is consistent with the intent of the Urban Mixed -Use South (MU -S) Zone which allows a broad mix of uses. 2. Precise Plan 12 -72, which established the design of the existing facilities and the placement of essential related facilities such as parking, traffic circulation, and loading, is significantly altered by the proposed amendment. However, studies prepared by the applicant and review by the City indicate that no significant increase in environmental effects will occur. 3. The amendments are consistent with the purposes of a Precise Plan which, like a Specific Plan or a Planned Residential Development, provides the flexibility to allow for deviation from specific site development standards to achieve the overall design for the site. 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 South designation allows a mixture of uses including office, hotels and retail. Light industrial uses are allowed with discretionary approval. 5 b. The Urban Mixed -Use South designation is designed to allow for a flexibility of uses near the existing Douglas Street Green Line transit station. The MU -S designation allows an FAR of 1.3, the maximum density allowed in the area, since traffic and air quality impacts associated with higher densities can be more easily mitigated with mixed uses in close proximity to mass transit. C. The proposed project is in conformance with many General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality. The following Economic Development objectives and policies apply; ED 1 -1.1, ED 1 -1.2, ED 1 -2, ED 1 -2.1, ED 1 -2.2, and ED 1 -2.3, which relate to prioritizing economic development, diversification of an economic base, expanding the retail and commercial base, targeting industries that balance economic development and quality of life goals, and balancing development with resource and infrastructure capacity. d. Many Land Use goals, policies and objectives apply, which the project is in conformance with, including; LU 4, LU 4 -1.1, LU 4 -1.4, LU 4 -3.1, LU 4 -3.6, LU 4 -4, LU 4 -4.3, LU 4-4.6, LU 4 -4.7, LU 4.5, LU 7 -1.2 and LU 7 -2.3. These issues relate to providing a stable tax base, providing landscaping, encouraging ground floor retail use in a mixed -use environment, providing synergistic relationships with mixed uses and ensuring a mix of uses in the Urban Mixed -Use area, encouraging alternative transportation modes, providing good accessibility to transportation routes, and requiring adequate public facilities and underground utilities. e. Circulation Element policies and objectives also apply, which the project is in conformance with, to the proposal including; C 1 -1.13, C 1 -2.1, C 1 -3.2, C 2 -1.6, C 2 -3.3, C 3 -1, C 3 -1.1, C 3 -1.2, C 3 -1.5, C 3 -1.7, and C 4 -1.2. These policies identify the need for full examination of project traffic impacts and complete mitigation, a hierarchy and street classification system correlated to capacity and function, incorporation of off- street loading facilities, facilities designed for easy pedestrian access, pedestrian linkage to the Green Line, evaluation of circulation system impacts, full mitigation of all project - related circulation impacts, integration of transportation with land uses and surrounding environments, requiring developers to pay for mitigation measures, adequate pedestrian and bicycle access and evaluation of project impacts on CMP routes. 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 Nash St., as identified in the Master Plan of Streets, as there is no change in the actual right -of -way width. 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 0 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. 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. Amendment of the Precise Plan land uses to conform with the current code for the underlying zone; the "Urban Mixed -Use South (MU -S) Zone." 6. Amendment of the Precise Plan development standards to conform with the current code for the underlying zone; the "Urban Mixed- Use South (MU -S) Zone." 7. Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. SECTION 3. THE CITY COUNCIL HEREBY APPROVES ENVIRONMENTAL ASSESSMENT EA- 401 AND ADOPTS AND CERTIFIES A PRECISE PLAN AMENDMENT 96 -1 AS AN AMENDMENT TO PRECISE PLAN 12 -72, PP 73 -3, AND PP 94 -1 STATED AS ITEMS 1, 2, 3, AND 4 AND THE CONTINUATION OF ITEMS 5, 6, AND 7 AS DESCRIBED ABOVE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Prior to approval of the building plans, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety with the exception of layout of the interior of the restaurant. Any 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. 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. rA 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 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. 0 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. 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. 9 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, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -401 and Precise Plan Amendment 96 -1. 10 PASSED, APPROVED AND ADOPTED this 16th day of _&R,tember. 1997. ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney 11 Sandra Jacobs, Mayor of the City of El Segundo, California p:\projects\ea40l\ea40l-cc.res EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Public Hearing on Environmental Assessment EA -401 and Precise Plan Amendment P.P. 96 -1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870, & 871 South Nash Street, related to the theaters and adjacent retail/office building. The request is to allow the following: 1) An amendment to Condition No. 15 of City Council Resolution No. 3917 related to the parking structure stairway at 870 South Nash Street; 2) An amendment to Condition No. 14 of City Council Resolution No. 3917 related to the parking structure stairway directional signage at 870 South Nash Street; 3) Revisions to the approved Traff ic Circulation Plan; 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 THROUGH 7 THE APPLICANT REQUESTS TO BE 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;" and 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. Applicant: Continental Development Corporation, Mr. Jerry Saunders. RECOMMENDED COUNCIL ACTION: 1) Open public hearing; 2) Council discussion; 3) Reading of Resolution by title only; 4) By motion, Adopt Resolution approving Items 1 -4 of the subject project; and, 5 Continue public hearing on Items 5 -7 until October 21, 1997. INTRODUCTION AND BACKGROUND: The Planning Division received the above referenced applications on August 15, 1997. The applications request City Council approval of Environmental Assessment -401 (EA -401) reaffirming the findings of the Mitigated Negative Declaration of environmental impacts for Environmental Assessment -350 (EA -350) and adopting amendments to Precise Plan 12 -72 (PP 12 -72) and Precise Plan 94 -1 (PP 94 -1); as approved by City Council Resolution No. 3917. The PP 96 -1 amendment is the fourth amendment to the original Precise Plan (PP 12 -72). The City Staff is processing this application under an expedited process at the request and expense of the project applicant (Continental Development Corporation). This process was requested to allow the applicant the opportunity to open the proposed P F Chang China Bistro restaurant prior to the holiday season this year. DISCUSSION: (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. (adopted) Planning Commission Resolution No. 2400. 2. (Draft) Planning Commission Minutes; September 11, 1997. 3. Planning Commission Staff Report and Attachments; September 11, 1997. 4. (Draft) City Council Resolution No. FISCAL IMPACT: None ORIGINATED: Date: September 12, 1997 /) Bret B. Bernard , Director of Planning and Building Safety REVIEWED B Date: n. Citv Manager TAKEN: p:\projects\ea40l\ea4Ol-2.ais EA401/PP96 -1 City Council Staff Report September 16, 1997 DISCUSSION: On September 11, 1997, the Planning Commission conducted a Public Hearing, reviewed the facts and findings related to Environmental Assessment - 401 (EA -401) and Precise Plan 96 -1 (PP 96 -1) [an amendment to Precise Plan 12 -72 (PP 12 -72) and Precise Plan 94 -1(PP 94 -1)j, and adopted Resolution No. 2400. Resolution No. 2400 recommends that the City Council Approve EA -401 and Items 1, 2, 3, and 4 of PP 96 -1, and Continue for 30 days Items 5, 6, and 7 of PP 96 -1. A more complete project description, analysis, and background information, is included in the accompanying Planning Commission Staff Report and its attachments, which were previously distributed to the City Council on September 5, 1997; and, are again included as an attachment to this Report. At the September 11, 1997, Planning Commission Public Hearing, the Commission discussed several major issues related to requests of the applicant. The major issues raised relate to pedestrian safety, landscaping, and the outdoor dinning area. Pedestrian Safety The Commission expressed concern related to "jaywalking" that is presently occurring between the parking structure at 870 South Nash Street on the east side of Nash Street and the theater area on the west side of Nash Street. The applicant and the applicant's traffic consultant reviewed the changes to the site plan and landscaping plan that are designed to reduce the concern with pedestrian safety. The City Staff noted that the recommendations of the applicants traffic consultant have been reviewed and approved by the City's traffic consultant. Landscaping The Commission requested additional information related to revisions to the existing landscape program for the project site. The applicant responded related to the minimal changes that are being proposed by the request. Outdoor Dinning Area The Commission requested additional information from the applicant related to outdoor dinning area. The applicant and City Staff responded related to fencing and State Department of Alcohol Beverage Control (ABC) requirements. No changes to the project were required. Resolution No. 2400 The City Staff, Applicant, and Commission reviewed in detail the required facts and findings in support of Resolution No. 2400. Additionally, the Commission made several minor revision to the Draft Resolution. The revisions focused on the timing of suggested requirements. The Final (approved) Planning Commission Resolution No. 2400 is attached to this Report. p:\projects\ea40l\ea4Ol-2.ais RESOLUTION NO. 2400 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ENVIRONMENTAL ASSESSMENT - 401 (EA-401) REAFFIRMING THE FINDINGS OF THE MITIGATED NEGATIVE _ DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT -350 (EA -350) AND ADOPTING PRECISE PLAN 96 -1 (PP 96 -1) AS THE FOURTH AMENDMENT TO PRECISE PLAN 12- 72 (PP 12 -72), TO ALLOW MODIFICATIONS TO THE PARKING STRUCTURE STAIRWAY AND DIRECTIONAL SIGNAGE, TRAFFIC CIRCULATION PLAN REVISIONS AND OUTDOOR DINING AT 2041 ROSECRANS AND 831, 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; 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: 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 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. 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. 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); Providing a new sidewalk and curbside theater drop- off /pick -up zone on the west side of South Nash Street; f. The re- stripping of South Nash Street to add a drop -off lane and maintain two driving lanes on the east side of South Nash Street; and �: g. The relocation of eight (8) handicapped parking spaces from the Plaza area to the 871 South Nash Street Parking structure. 9. The applicant plans to establish a new quality restaurant "blending culinary creations from the major regions of China with American hospitality to create a unique dining experience." 10. The new restaurant will include an outdoor dining area of 1,200 square feet; a 5,400 square foot indoor seating area (including bar area); and kitchen and "back -of- the - house" space of 1,800 square feet. 11. If P. F. Chang's China Bistro does not utilize all of the 1,200 square feet of outdoor dining area then other future restaurant(s) may utilize the area. 12. The applicant requested that the following Items be continued for 30 days. a. Amendment of the Precise Plan land uses to conform with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S, ) Zone." The applicant requested to amend the Precise Plan to allow all the land uses in the Precise Plan that are presently allowed in the MU -S Zone. This includes: a. Permitted Uses; b. Permitted Accessory Uses; c. Uses Subject to an Administrative Use Permit; d. Uses Subject to a Conditional Use Permit; and e. Adult Business Permits. Additionally, the applicant requested that uses in the Plaza and Entry Court, including outdoor dining, retail sales, and other ancillary uses which are supportive of the site's primary retail uses, are included as permitted uses. b Amendment of the Precise Plan development standards to conform with the current code for the underlying zone: the "Urban Mixed- Use South (MU -S) Zone." The applicant requested to amend the Precise Plan to incorporate the development standards of the MU -S Zone into the Precise Plan, except as may have been previously established and constructed under the Precise Plan. C. Amendment of the Precise Plan to provide for minor modifications to the reauirements of the Precise Plan by the Director of Planning and Building Safety. The applicant requested that the City establish a procedure to provide for minor modifications to the requirements of the Precise Plan, subject to the review and approval of the Director of Planning and Building Safety. The procedure would allow flexibility for the applicant to meet market changes without the necessity of a full Precise Plan amendment. They have indicated a desire to provide for minor modifications to enhance the development without creating adverse impacts for surrounding developments. 13. The area surrounding the project site is highly urbanized. 14. The project site is located within the southeast portion of the City of El Segundo approximately one (1) mile to the west of the San Diego Freeway [Interstate -405 (I- 405)]. The project area is 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. 3 15. The site is in the southwestern portion of Continental Park, which is a large office and industrial park containing approximately 2 million square feet of office, research and development, hotel, health club, restaurant, retail, and movie theater uses. 16. The project site is currently developed and has been historically used for commercial uses since 1972. The City's General Plan designates the site for mixed use development. The project is located within a highly urbanized environment. The topography of the site is quite level and contains no unique geologic features. Landscaping is limited to the areas adjacent to South Nash Street on the east, the rear yard setback on the north, and along Rosecrans Avenue to the south. 17. The area surrounding the project site is highly urbanized. Land uses are comprised of office, commercial, restaurant, theater, research and development, and other similar uses. The Manhattan Marketplace Retail Center and a five -story office building housing a credit union are located to the south across Rosecrans Avenue. Beyond the credit union building is the Radisson Hotel with golf and tennis facilities. To the southwest of the project across Rosecrans Avenue lies the Manhattan Village Shopping Center. 18. There are no residential uses located in the immediate project vicinity. The nearest residential uses are approximately 1,000 feet south of the project, adjacent to the Radisson Hotel golf course. The project site is only visible from Rosecrans Avenue on the south and from South Nash Street on the east. Topographically, the project vicinity is generally level to rolling terrain and is currently developed except for north of the property. 19. The existing buildings, uses and development standards were approved under a Precise Plan (PP -12) in 1972. The Precise Plan was previously amended by PP 73 -3, PP 74 -10, and PP 94 -1. 20. The proposed project is subject to the California Environmental Quality Act (CEQA). In accordance with State guidelines and local requirements, a Draft Initial Study and Mitigated Negative Declaration for EA -350 was prepared and circulated for interdepartmental and affected agency review. No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts to traffic /circulation, risk of upset, air quality and public services. The applicant is requesting a determination that the requested actions of the City are within the scope of the development limits established by the approval of EA -350 (which was approved with a Mitigated Negative Declaration related to environmental effects). 21. The applicant submit three (3) studies and an environmental questionnaire related to the environmental effects of the proposed project. The three studies evaluated fiscal, traffic and air quality effects of the proposed project related to the previous approvals. City Staff and consultants have reviewed the studies and found them to be prepared in accordance with CEQA and City Standards. The studies provide the necessary facts for required CEQA findings. 22. The Fiscal Impact Analysis indicates the proposed project will generate a fiscal surplus for the City, after consideration of City service costs. NOW, THEREFORE, BE IT RESOLVED that 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 Planning Commission makes the following findings and recommends the City Council reaffirm the findings of the Mitigated Negative Declaration of environmental impacts of Environmental Assessment - 350 (EA -350): 4 1. 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 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 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. 1. That the proposed location of the project is in accord with the purposes of the zone in which the site is located. The proposed project is consistent with the intent of the Urban Mixed -Use South (MU -S) Zone which allows a broad mix of uses. 2. Precise Plan 12 -72, which established the design of the existing facilities and the placement of essential related facilities such as parking, traffic circulation, and loading, is significantly altered by the proposed amendment. However, studies prepared by the applicant and review by the City indicate that no significant increase in environmental effects will occur. 3. The amendments are consistent with the purposes of a Precise Plan which, like a Specific Plan or a Planned Residential Development, provides the flexibility to allow for deviation from specific site development standards to achieve the overall design for the site. 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 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 existing Douglas Street Green Line transit station. The MU -S designation allows an FAR of 1.3, the maximum density allowed in the area, since traffic and air quality impacts associated 5 with higher densities can be more easily mitigated with mixed uses in close proximity to mass transit. C. The proposed project is in conformance with many General Plan goals, policies and objectives related to Economic Development, Land Use, Circulation and Air Quality. The following Economic Development objectives and policies apply; ED 1 -1.1, ED 1 -1.2, ED 1 -2, ED 1 -2.1, ED 1 -2.2, and ED 1 -2.3, which relate to prioritizing economic development, diversification of an economic base, expanding the retail and commercial base, targeting industries that balance economic development and quality of life goals, and balancing development with resource and infrastructure capacity. d. Many Land Use goals, policies and objectives apply, which the project is in conformance with, including; LU 4, LU 4 -1.1, LU 4 -1.4, LU 4 -3.1, LU 4 -3.6, LU 4-4, LU 4-4.3, LU 4-4.6, LU 4-4.7, LU 4.5, LU 7 -1.2 and LU 7 -2.3. These issues relate to providing a stable tax base, providing landscaping, encouraging ground floor retail use in a mixed -use environment, providing synergistic relationships with mixed uses and ensuring a mix of uses in the Urban Mixed -Use area, encouraging alternative transportation modes, providing good accessibility to transportation routes, and requiring adequate public facilities and underground utilities. e. Circulation Element policies and objectives also apply, which the project is in conformance with, to the proposal including; C 1 -1.13, C 1 -2.1, C 1 -3.2, C 2 -1.6, C 2 -3.3, C 3 -1, C 3 -1.1, C 3 -1.2, C 3 -1.5, C 3 -1.7, and C 4 -1.2. These policies identify the need for full examination of project traffic impacts and complete mitigation, a hierarchy and street classification system correlated to capacity and function, incorporation of off - street loading facilities, facilities designed for easy pedestrian access, pedestrian linkage to the Green Line, evaluation of circulation system impacts, full mitigation of all project - related circulation impacts, integration of transportation with land uses and surrounding environments, requiring developers to pay for mitigation measures, adequate pedestrian and bicycle access and evaluation of project impacts on CMP routes. f. The proposed project is located on a secondary arterial street (Nash Street) which is already substandard in lane configuration compared to the standards established in the General Plan (2 through lanes in each direction with a striped median instead of three lanes in each direction with a raised median). Although the proposed revised circulation plan would eliminate the stripped median on Nash Street to accommodate pedestrian drop -off areas for the theaters, the Planning Commission 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 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 PM 10 standards and encouraging energy conservation features in new building design. R NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends to the City Council approval of Environmental Assessment EA -401 (EA 401) reaffirming the Mitigated Negative Declaration of environmental impacts for Environmental Assessment - 350 (EA -350) and approving Items 1, 2, 3, and 4 of Precise Plan 96 -1 (PP 96 -1), and 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. 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. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends to the City Council approval of Environmental Assessment EA-401 and 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 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. 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. 7 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. 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. 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 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; 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); 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. 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, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -401 and Precise Plan Amendment 96 -1. 10 PASSED, APPROVED AND ADOPTED this 11th day of Sentember,1997. Bret B] Bernatd, AICP Direc or of Manning/ and auilding Safety, and Secretary of the Planning Commission of the City of El Segundo, California VOTES Crowley, (Chairman) - Aye Wycoff, (Vice - Chairman) - Aye Boulgarides - Aye Palmer - Aye r Chaof the Planning Commi of the City of El Segundo, 11 p: \projects \ea401 \401.2res MINUTES OF THE REGULAR MEETING DRAFT OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA SEPTEMBER 11, 1997 Chairman Crowley called the regular meeting of the El Segundo Planning Commission CALL TO ORDER to order at 7:03 P.M. in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California. Vice -Chair Wycoff led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG PRESENT: WYCOFF, PALMER, CROWLEY, BOULGARIDES ROLL CALL The August 28, 1997 minutes were presented. Commissioner Boulgarides stated on page CONSENT 4, last paragraph, should read, "asked" instead of "stated." CALENDAR Vice -Chair Wycoff stated on page 4, second paragraph there may be a sentence missing between paragraphs. It should be stated that the Commission asked for any input from the public. Chairman Crowley stated on page 2, second paragraph from bottom, there is a typo which reads "full- profit." This should state "for- profit." Also on page 8, top paragraph, next to last sentence should read, "single political sign" instead of "one political sign." Commissioner Wycoff moved to accept the minutes of August 28, 1997. Commissioner MOTION Palmer seconded. Passed 4 -0. Director Bernard stated they distributed to the Commission copies of the Draft Resolution WRITTEN for Item 7.A, EA -401. This was also provided to the applicant. COMMUNICATIONS Chairman Crowley presented New Business, EA -401, Precise Plan Amendment 96 -1 (fourth EA -401 amendment to PP 12 -72) Applicant: Continental Development Corporation. Mr. Talarico, Contract Planner presented the Staff Report as outlined in the Agenda Packet. Vice -Chair Wycoff asked on page 10, Interdepartmental Comments, the Public Works Department mentioned the fact that the proposed project is not inconsistent with the General Plan due to the increased pedestrian safety and improved project circulation. Does this mean the plan isn't inconsistent and therefore they approve it? Director Bernard stated yes. As long as they were satisfied with the Conditions that have been suggested within the Resolution with regards to mitigation of any traffic impacts, they would feel it would not be inconsistent, then, with the General Plan. Regarding pedestrian safety, they have looked at the recommendations of the Traffic Engineer regarding the project and pedestrian access and are satisfied with the conditions suggested. Vice -Chair Wycoff stated in the material, there were a number of jaywalking incidences on Nash, and pedestrian safety is being addressed. How is jaywalking going to be handled? Director Bernard stated their Traffic Engineer will be able to respond to this. Commissioner Palmer stated in the Staff Analysis, page 11, first record across indicates that there are not final landscape plans in the Agenda Packet on the proposed modifications on the west side of Nash street. Why is it necessary to hurry this through? Director Bernard stated they would like to open before the holiday season. Also, it is not abnormal for the Commission to review and in concept provide parameters for landscaping and then allow Staff to accept a landscape plan that satisfies the City's Code requirements and any specific needs the Commission may identify and Staff will make this as part of their subsequent review during the plan check process. 9- 11min.PC 1 Chairman Crowley opened the public hearing. DRAF7 Jerry Saunders, 2041 Rosecrans, Representing Continental Development Corporation COMMENTS They will stand ready to answer any of the Commission's questions that they may have regarding the project. Staff has made a good presentation. With respect to Commissioner Palmer's question on landscaping, only the driveway is in question. If the driveway is taken out, that's the area they plan to landscape and would continue the landscaping plan that is on either side, both the north and the south which would be grass and some shrubs in front of it. Vice-Chair Wycoff requested to hear about jaywalking and the pedestrian traffic study that was done and how landscaping may be able to mitigate some of this. Mr. Saunders stated he will let their Traffic Engineer address how they have tried to handle the jaywalking and the drop off zone. With regard to the landscaping, what they plan to do is remove the driveway which is in the area at the plaza. They plan to connect the existing walls with a rod iron fence with some shrubbery in front of it and the lawn down to the new curb line. If they do this, the only entrance to this plaza will be via the pedestrian crosswalk which is controlled crosswalk or at the intersection at Rosecrans. Otherwise, there is no access. Commissioner Boulgarides asked about the plaza that is going to be closed off. Is this in front of the theater office? Mr. Saunders stated yes. Commissioner Boulgarides stated it makes a lot of sense to close this off. Jack Greenspan, Linscott Law & Greenspan, 234 East Colorado Boulevard, Pasadena In terms of jaywalkers, they come down the stairs in one corner of the parking structure and walk across the street and walk up the driveway. They'll be closing the driveway and making it very pedestrian unfriendly so they would use the crosswalk which has a pedestrian traffic signal or go down to Rosecrans and use the traffic signal there. Commissioner Palmer asked on page 2 of the Initial Study Applicant Questionnaire, what is the reason for a CUP for the 1,200 square foot of outdoor dining? Chairman Crowley stated because it is more than 200 square feet. Commissioner Palmer asked what is the area of the indoor dining? Bob Tarnofsky of Continental Development answered approximately 2,500 square feet. Chairman Crowley stated the number they see in the Traffic Demand Study shows there is a parking surplus at every hour of the day. The original survey that they got included the fact that the front building was going to be a bookstore, so this usage of a restaurant is a little more intense and the numbers have risen a bit? Mr. Saunders stated they match up supply and demand. In the original application, they assessed 18 screens and 3,500 seats. What was actually built was 16 screens and 3,400 seats. There was excess parking. The bookstore is going in across the front of the building, but they did make allowance for the restaurant parking at 75 square feet per space and he feels there is adequate parking. The table that the Commission is looking at actually reflects a larger restaurant than is actually going in by 300 -400 square feet. This was done to leave some room. They still have an oversupply according to the demand and supply table. Chairman Crowley asked if the statistics fully reflect the expected full use of the rest of the retail building? Mr. Saunders stated yes, the rest of the use of the retail floor and the office building at the originally assessed numbers. 9- 11min.PC 2 Commissioner Palmer asked if the 1,200 square feet outdoor dining is considered also? Mr. Saunders stated yes. LJ`AFT Vice -Chair Wycoff asked how many customers with 1,200 square feet of outdoor dining seat? Mr. Saunders stated they assessed a little bit more with about 800 -900 square feet of outside dining which takes care of about 48 seats. Chairman Crowley asked where the area is and if it is going to be split up since there will be an open sale of alcohol to people who are dining at those seats? Mr. Saunders stated on the Site Plan, there are flagstone columns outside with some rod iron or metal fencing between so that the area of the plaza is fenced off with approximately 36 inch high combination metal and stone fencing. Chairman Crowley stated it would be a problem if anybody could walk out with alcohol beverages. Mr. Saunders stated also at the entrance it will be closed off. Director Bernard stated State Law for the ABC requires separation between on -site consumption and a public area. Chairman Crowley closed the public hearing and all further comments will come from the dias. Commissioner Palmer asked about the letter in the Packet dated August 26, 1997 with some comments from Finance having to do with air quality? Mr. Talarico stated this was a comment from the Finance Department relating to the Fiscal Analysis that was prepared by the applicant. Mr. Saunders stated this letter addressed both Air Quality and Fiscal Impact because they were both done by the same firm. The comments were from the Finance Department who felt the gross of 3.5 million was underestimated. The revenue that was projected for the restaurant was over the revenue that was originally projected when the applicant came in with the first fiscal impact. The applicant has indicated that at least an average store does 3.2 to 3.5 million a year. The Finance Director felt that she was going to count on some more. Director Bernard stated at the end of the Packet, this full letter is printed. The Commission went through the Resolution. On page 5, Environmental Assessment, Items 1 -3 the Commission agreed on. Under the Precise Plan, Items 1 -3 the Commission also agreed on. Under General Plan Consistency, Item a was agreed on. On Item b, Chairman Crowley stated this should be modified to state, "There is no future Greenline Station planned." Items c -g were agreed on. Commissioner Palmer stated under Item f, "stripped" should be replaced with "striped." Mr. Talarico stated the applicant indicated they would like consideration relating to Item 1, page 7 for clarification that it did not deal with the interiors of the restaurant. On page 8, Item 4, the applicant indicated there would be no changes to the Security Plan and there may not be a need for this amendment. Also Item 5, the sentence should read, "Prior to the approval of the restaurant building plans." Item 8, the wording "prior to approval of the building plans" would be taken out. The Commission took a break for Staff to review these changes. Director Bernard stated Mr. Talarico will read off the agreed changes in the language, not only to the Conditions but also with regards to the General Plan Consistency. Mr. Talarico stated on page 5, they worked out that there are two existing and one future Greenline Transit Stations. This would be a change to the language. On page 7, Item 1 under following conditions, at the end of the first sentence the wording would be added, "With the exception of the layout of the interior of the restaurant." On page 8, Item 5, would read, "Prior to the approval of the restaurant building plans." On Item 6 in order to maintain consistency in the Resolution, third line down, they would add, "Prior to the approval of the 9- 11min.PC 3 Circulation Plan," instead of building plan. In Item 8, the language between the commas would be deleted. They also agreed, working with the applicant, to make no changes to Item 4. It is their understanding based upon these changes that the applicant concurs. DRAFT Commissioner Palmer stated on page 9, Item F, again the word "restripping" should be replaced with " restriping." Chairman Crowley asked if they are going to end up voting on everything again? In 30 days when they come back and talk about Items 5, 6, and 7, what impact will that have to change the document? Will there be additions? Director Bernard stated Items 5, 6, and 7 became an issue of timing. There wasn't adequate time from the time they received the information to review their proposals and meet their deadlines regarding the construction and development of the restaurant area and modifications to the plaza area and meet their opening time. So, they agreed to delay those more general requests for future provisions and changes to the Precise Plan. That would enable Staff time to work with them, to do the analysis and come back for those requests. Chairman Crowley asked if they will see a new Resolution when they get to this? Director Bernard stated yes. It will be an amendment to the Precise Plan itself but a further Resolution. Commissioner Palmer asked about page 2, Item E. Why is there a reference to South Nash Street? Director Bernard stated there is a North and a South because of potential for a connection at some point in the future if that ever happens. Chairman Crowley moved to accept Resolution 2400. Vice -Chair Wycoff seconded. MOTION Passed 4 -0. Director Bernard stated this Item has already been noticed and will be considered by City Council as required for their approval for Precise Plan Amendment on Tuesday, September 16, 1997. Also, the continued Items 6, 7, and 8 will be considered before the Commission on the second meeting of October which is October 23, 1997. 9- 11min.PC 4 PLEASE PLACE THE FOLLOWING PAGES IN YOUR PACKET UNDER: C. UNFINISHED BUSINESS 2. Award Contract with Eden System, Inc. Yakima, Washington for Core Financial Information Systems at a cost not to $360,000. (CONTRACT ONLY) of exceed EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Award contract with Eden Systems, Inc. Of Yakima, Washington for Core Financial Information Systems at a cost not to exceed $360,000. RECOMMENDED COUNCIL ACTION: Award contract and authorize Mayor to execute agreement. INTRODUCTION AND BACKGROUND: On August 5, 1997 Council directed staff to negotiate a contract with Eden Systems, Inc. of Yakima, Washington for Core Financial Information Systems with performance milestones and a no -cost migration to NT from UNIX. Based upon the Eden proposal the cost of hardware and software were approved at a cost not to exceed $360,000. Attached is the negotiated contract which has been reviewed by the City Attorney and Dennis Vlasich of Kerry Consulting Group. The one remaining item under negotiation is the indemnification language. Final language will be available and forwarded to the City Council prior to adoption. Staff recommends approval of the contract. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Contract Agreement with Eden Systems Inc. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget:Yes FY 96 -97 Project Budget Amount Requested: $360,000 Project/Account Budget:$650,000 Project/Account Balance: $290,000 Account Number: 301-400-8201-8399 Project Phase:City -wide MIS Core Financial Systems Appropriation Required - Yes No X ORIGINATED: Date: Eunice Kramer, Finance Director BY: qty Date: 67./Z.y % Sep -11 -97 03:25P Eden Systems, incorporated Software License and Use Agreement 'PHIS AGREEMENT, made ;Ind entered into by and bctwan Eden Systems, Incorporated (hereinafter "Licensor "), a corporation dilly authorized and existing under the State of Washington and (raving its principal offices at 5015 Tieton Drive, Stlit.c A, Yakiula, Washington 989023, and the City of Fl Segundo, California (hereinafter "Licensee "), a government organization having its principal offices at 310 Main Street., El Segundo, California 90245 Licensor desires to grant to Licensee, and Licensee desires to a.cquirc from Licensor a non - exclusive right and license to use certain computer software as hercinaller defined. Both parties agree they arc 01c to comply with and will sa.lisly 1.11c t.cnns and condition~ as set forth in this Agrccmcnt. Both parties, intending to be legally bound, agree to the following; SECTION 1 - DEFINITIONS The definition of terns set forth in this section shall apply when such terms are used in this Agreement, its exhibits, and arty amendments-. 1.1 "Licensed Program." The computer program designated by Licensor as InFurualT", or Comtnunrl Serlusl I" including; object code, as well as related procedural code, and do4umcn1a1i011 ol'Atry type which dcscribcs it The Licensed Program is MOW specifically described in the "Products" section of Exhibit. A a1fil.ched to this Agreement and incorporated herein by rcUUTIcc. 1.2 "Licensed Documentation." The system user manuals, and ot.hcr documcnLtliort inad4 available by Lcensor, for the Licensed Program. 1.3 "Enhancements" Changes or additions, other than Maintenance Modilicatioms, to t.hc Licensed Program or Licensed Documental.ion ilia[ add significant new functions or substantially improved performance thereto by changes in system design or ending. 1.4 "Error." Problem caused by incorrect operation of the computer code of the Licensed Program or an incorrect statement or diagram in Licensed Documentation that produces incorrect results or causes incorrect actions to occur. 1.5 "Error Correction." Either a maintenance modification or addition that., when made or added to the Licensed Program, establishes material conformity of the licensed Program to the firnctional specifications, or a procedure or routine that, when observed in the regttlar operation of the Licensed Program, eliminates the practical adverse effect on Liccnsa of such non- conforrility. 1,6 "Maintenance Modifications." Modifications or revisions to the i.,icensed Progrann or Licensed Documentation that corral. Errors or are required to ensure the Licensed Program continues to operate in accordance with the Licensed Documentation. 1.7 "Specifications:" -The functional performance parameters oft lie Licensed Program effective on the dale of this Agrcctnent, as set forth in on -line documentation imbedded within the Licensed Program. 1.8 "Proprietary Information," 1,1npuhlishcd "know -how" ,Lod which ,shall include (without limitation) computer programs, program designs, algorilhrns, subroutines, aysl.crn specifications, test data, charts, graphs, operation sheets, and all other technical infunnation, owned by Licensor or under its control, relating to the development and production or use of the Liccnscd Progran► and the design, conligura.l.ion, progra.mming;, and protocol of the Licensed Program. EdcrVCity of El Segundo License and Use Agreement Pagc 1 •. Sep -11 -97 03:25P 1,9 "Normal Working, Hours." The hours between RAM and .5PM PST (Pa.cific Standard Time) or PDT (Pacific Dayligilt,rimc), whichever is a.pplicablc, on the days Monday through Friday, excluding regularly scheduled holidays of Licensor. 1.10 ,Releases." New versions of the Licensed Prognim, which new versions may include both Error Corrections and Enhancements. 1,11 "Support Agreement Term." A calendar year, connnnencing nn January 1 and ending on December 31, during which certain support and services are provided subject to the terms and conditions set forth in Section 9, ,Software Support, SECTION 2 - GRANT ON LICENSE 2.1 Scope of License. Subject to the terns hereof, Licensor hereby grants to Licensee, in perpetuity unless terminated as provided herein, a personal, non - exclusive, nontransferable license (without the right of sublicense), to' P.03 ;,.. Install, use, and execute the i- iccnsed Program nn computers owned or leased and used by Licensee al, its facilities at the City of El Segundo, 350 Main Street., El Segundo, California 00245 and is licensed for use on a single host system for up to 24 concurrent users, for rile sole and express purpose of supporting the internal business activities of Licensee, and For no other use nr purpose', b. Use the Licensed Documentation only in conluncl.ion will, insta.11;t.t.int, and use of tine i.icenscd Program. 2,2 Delivery of Materials, Licensor sh,t.il deliver one copy of the Licensed Program and Licensed Documcntatioi, to Licensee within a reasonable time following final execltl.ion of tlus Agrecrncnl.. 2.3 Necessity for third party Software. Licensee acknowledges that in order to be executed, the Licensed Program requires certain third -party software specified in Exhibit E, the acquisil.ion or which shall be the sole responsibility of Licensee to obtain and mainlain in its most current release. Licensee a.grccs that prior to use of the Licensed Program in any manner, Licensee will obtain necessary licenses front tl,e vendors of such third -party software. 2.4 Limited Support of Licensed Program. Licensor shall, at uo additional charge to Licensee, provide Maintenance Modifications as may be required to fix errors in the Licensed Program and ensure that the i.iccnsed Program operates as described in the Licensed Docu►ncnt ition. Licensor shall not be required to correct errors caused by modifications made to the Licensed Program m;tdc by Licensee. 2.5 Assignment of Rights in Licensee Maintenance and Fnhancement Modifications. All right., t.itic, and interest in all Maintenance and Enhancement Modifications developed by Licensee during the term hereof remains with Licensor. Licensee agrees that such modifications shall be used by Licensee, and will not be distributed or oilncnvise made ava.ii;iblc to any third party other than Licensor. 2,6 Availability of Licensor Enhancements. Licensor agrees to offer to Licensee a license to F.nha.necmcnl,s that Licensor develops ;uid offers generally to licensees of the L.iccnscd Program at its announced license fees for sucl► Fnhancements, provided, however, that. if Licensor develops an NT version of the Licensed Program described in Exhibit. A for use with the Informix database, Licensor will provide the first such version at no additional license fcc to Licensee. 2.7 Licensee Not.ifica Lion and Delivery of Materials. Liccuscc shall notify and deliver to Licensor one copy of any M:t.int.cnauce and F.,nhanccmcrtt Modifications developed by Licensee within a, rc;isonablc period alder development. Eden/City of El Segundo License and Use Agreement, Page 2 Sep -11 -97 03:26P P.04 SECTION 3 - TITLE TO MATERIALS 3.1 Title to Licensed Program and Licensed Documentation. All right, title, and interest in and to the Licensed Progn►ru and l.iccttsed Documentation, including the media on which the same arc furnished to Licenscc, are and sltall remain with Licensor, Licensee acknowledges that no such rights, title, or intcresl. in or to the Licensed Program and the licensed Documentation is granted under ihis Agreement, and no such assertion ~hall be luade by Licenscc. Licensee is granted only a limited right of use of the Licensed Program and Licensed Documcnl.i.tion as set forth herein, which right of use is not coupled with an interest and is subject io termination in accordance with the terms of this Agreement.. 3.2 Title to Enhancements And Maintenance Modifications; Restrictions nn Use, Disclosure, A"es -4, And Distribution. All right, title, and interest in and to any Enhancements and Maintenance Modifications developed by either Licensor or by Licensee shall be and remain with (.hc Licensor. Licenscc sltall treat all such Enhanccrncnts and M;intenance Modifications, whether developed by Licensor or by Licenscc, in accordance with the restrictions and limilabons set forth herein respecting Licensed Programs and Licensed Documentation, SECTION 4 - FEES AND PAYMENTS 41 License Fee. In consideration of the licenses granted hereunder, Licensee shall pay Licensor a one -time license fee as well as other associ;ttcd costs as further dcfincd in Exhibit A, attached herct.o. 4.2 Support Fee. Software Support is subject to the terms a.nd cOndil.iuns of Section 11, S'uJ?ware ,Supt)orr, and may be offered, at the Licensor's sole option, on ;t, year by year basis. 4.3 Per Diem. Charges for meals and incidental expenses associated with the delivery of Lhc Licensed Program will be charged on a per diem basis. The rate for Such per diem shall be the greater of $35 per day or the maximum mc;tls and incidental expenses allowed for Licensee's locality as specified in 41 CFR Section 30 1 Appendix A of the code of Federal Regulations, Partial days (1/2 day or less) will be billed to the Licensee at one half the applicable rate. 4.4 Other Costs. Other costs, including but not limited ht a.ir /tramitaxi fare, lodging, car rental, parking, freight costs and reproduction charges incurred by Licensor on account, of this Agreement, shall be billed to the Licenscc. Licensor sltall have the right to charge a 5% administrative fee for all Ices ;mid charges specified in this Sccban. 4.5 Payment. The License fee set forth herein sh;nll he p�i.id by Licenscc according to the payment schedule sot forth in Exhibit & SECTION 5 - P.ROPRiETARY PROTECTION OF MATERIALS 5.1 Acknowledgment of Proprietary Materials; Limitations on Ilse. Licenscc acknowledges t.hal, the Liccnscd Program and Licensed Documentation are unpublished works for purposes of federal copyright. law ,Ind embody valuable confidcnl.i;d and secret information of Licensor, the developmcnl, of which required the expenditure of considerable time and money by Licensor. Licensee shall treat the iicensed Programs and licensed Documentation in confidence and shall not use, copy, or disclose, nor permit any of its personnel to usc, copy, or disclose the same for any purpose that is not specifically authorized under this Agrccmcnl.. 5,2 Secure Itandling. Fxccpt for copies of the Licensed Program installed �t.nd operal.cd upon As computers as permitted hereunder, Licenscc shall require that the Licensed Program ;i.nd Liccnscd Duculoc'rltalion be kept on Licensee's premises which shall be maintained in a manner so as t.o rcasomtbly preclude unauthurizcd persons from gaining access thereto, and Licensee sltall permit access only as necessary for either party's use thereof ill Accordance with the terms of this Agreement. Eden/City of El Segundo LiLWISe and Use Agreement. Page 3 Sep -11 -97 03:26P P.05 S,3 Proprietary Legends. Licensee shall not, pernlit anyone other than Licensor to remove any Proprietary or other legend or restrictive notice contained or included in any material provided by Licensor. Licenscc may reproduce the written documentation provided by Licensor, provided that. sucli reproductions arc for the private intcrn;tl use of Licensee, and all such reproductions bear Licensee's copyright notices and other proprietary legends. 5.4 Licensee's Obligations Respecting Access. LlcentiCe shall limit use of a.nd ;tccess to the L,iccrlscd Program and Licensed Documentation to such personnel of Licenscc as are directly involved in the use thereof by Licensee. Licensee shall prevent all Licensee personnel from having access to any such iiiforma.lion that is not required in the perfornua.nce of their duties for Licensee. T.iccnsee shall, as requested by Licensor, provide Licensor with written notice of all personnel of Licensee who have been accorded access to the Licensed Programs and Liccnsed Documentation in the course of Ocir employment by Licensee 5.5 Injunctive Relief. Licenscc recog;tui7,cN and acknowledges, that any use or disclosure of the Licensed Program or Licensed Documentation by Licensee in a manner inconsistent with the provision of this Agreement ma.y cause Licensor irreparable damage Ibr which remedies other than injunctive relief may be M adequate, and Licensee agrees that in any request to a court of competent jurisdiclion by Licensor for injunctive or other equitable rclicl'seeking to restrain such use or disclosure, Licensee will not urge that such remedy is not appropriate under the circumst ;woes. 1S.6 Technical Protectinnm. Licensor rnoy from time to time prescribe password prot.cct.ion as ,ill additional security measure for the Liccnsed Program, and Licensee shall coopersat.e with Licensor in connection thei-Qwit.h. 5.7 Security Audit. Licensor shall have the right, to make visits to the Liccnscc's cuniputer facilities to review security nleasures respecting; the Liccnsed Program and Licensed Documentation, and, if dcficieneics are identified by Licensor, Licensee shall implcIlIcIlt such additional Security practices as are reasonably ncccssary to adequately ensure the security of the iiccnscd Program and Liccnscd Documentation. 5,8 Survival of TCa rr1N. The provisions of Scetions 5 1 through 5.5 shall survive t.cl-Mination ul" t.his Agreement for any rcasull. SECTiiON 6 - LIMITED WARRANTY, LIMITATION OF LIABILITY, AND INDEMNITY 6.1 Limited Warranty Against infringement. Licensor warrants that the Liccnscd Program and Liccnscd Documentation ;as delivered to Licenscc do nor and will not infringe any third -party rights in patent, copyright, or trade secret, 6.7 Limited Warranty of Conformity. Licensor warrants, for the benefit, only of- Licenwc, lbal for t.hc life of the Agrcctluent, the Licenscd Program will conform in all material respects to the Licensed Docurncnl,a.tion but. only if Licenscc rnxintaius uninterrupted Soflwa.rc Support. If Licenscc declines or fails to maintain uninterrupted Software Support from the date of this Agreement, then this warranty shall not apply, provided, however, if Licensor terminates support upon expiration of the Support Agreement Term, a limited warranty shall continue for a period of 6 months after such termination. Licensor assumes no responsibility for obsolescence of the Licensed Pnagram nor for lack of conformity occurring from Licensee's failure to update the Licensed Program with distnbutcd Enhancements, Ma.intena.ncc Modifications, or Error Corrections. 6.3 Exclusive Remedy. As the exclusive rcraacdy of Licensee for any nonconformity or defect constituting; an Error in the Licensed Program for which T.iccnsnr is responsible, Licensor shall use commercially reasonable efforts to provide Maintenance Modific;t.tions with respect to such Error. However, Licensor shall not be obligated to correct, cure, or otherwise remedy any Error in the Licensed Program unless and until it has acttuat knowledge of the error. 6,4 Disclaimer. EXCEPT AS SPECTFiCALLY SL'T FC*UIH HEREIN, LICENSOR MAKES NO WARRANTTFS, WHETHER EXPRESS OR IMPT.TED, REGARDING OR RELATING TO TTTF I,TCRNSED PROGRAM OR LICENSED DOCUMENTATION OR TO ANY OTHER MATERIALS FURNISHED OR PROVIDED TO LICENSEE HERE1JNDER. LICENSOR SPECIFICALLY DISCLAIMS ALi. IMPLIED WARRANTIES OF Eden /C;ily of El Segundo License and Use Affeemcnt. Page 4 Sep -11 -97 03:26P • �- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPEC TO SAID MATERIALS OR THE USF.. THEREOF. 6,5 Limitation of Liability, EXCEPT WITH RESPECT TO (A)I..IABiLiTY ARISING FROM CLAIMS OF INFRINGEMENT OF THIRD -PARTY RIGIITS IN TIIE UNITED STAIRS iN COPYRIGHT, TRADE SECRET, TRADEMARK OR (B) LiCENSOR'S INDEMNITY OBLIGA'T'ION SET FORT111N SF_CTION 6.7, IN NO EVENT SHALL LICENSOR BF LIABLE UNDER ANY CLAIM, DEMAND, OR ACTION ARI,SiNG OUT OF OR RELATING; TO I'I'S PERFORMANCE OR LACK THEREOF UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, EXEMPLARY, OR CONSF,QUF,NTiAL DAMAGES, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCII CLAIM, DEMAND, OR ACTION. 6.6 Licensee Indemnification. Licensee shall and does hereby agree to indemnify, hold harmless, and save Licensor from liability against any claim, demand, loss or action (1) resulting from Licensee, use of Il,c Licensed Program and Licensed Documentation ;i.nd ('2) alleging that any Mainl.cnance Modilical.ions madc by Licensee, but not approved in writing; by Licensor, infringe a.ny Third - parly rigltls in 1.11c 1Jnitcd States respcct.ing copyright, trade secret, or patent The foregoing indemnific;it.ion is prcdica.tcd upon Licensor (1) fully cooperating with Licensee in the dcicrosc or settlement of such actions and (2) giving; Licensee prompt written notice of any claim, deTnand, or action for which indemnification is sought. 6,7 Licensor indemnification. Licensor shall and ltereby�does agree to indemnify, defend, protca and hold harmless, i.icenscc ,4nd its agents, elected and appointed officials, employees and volunteers from ;my and all lability, , claim, action, demand, causes of acl.ion, suits, damage,, judgments, lass, acl.inn and expenses of whatever nature, including; attorney fees that arises out of Liccntice'8 use of the software or exercise of any right granted to Licenscc by this Agreement or that a.nses out. of any SCrviCC$ provided by Ii censor hereunder '1'liis indetunity includes without linutation any claim respecting; (1) an allegation that the Licensed Program and/or the Licensed Docurnenultion (or any modifications or enhancements thereto which are made. by Licensor) infringe any rights respecting copyright, trade secret, trademark, and/or (2)injuries to persons or daina.gcs to property which pray arise from or in connection Nvith the performance of work hereunder by Licensor ;tnd it.s rg;ents, represeilLaLivus ;rnd eniployccs. This indemnity shall not apply to the extent that. Licentior is prejudiced by (1) any uegligcnce of i.icensce a.nd/or (2) any breach by LicensiC of this Ag;rccment, Licensee shall fully cooperate with Licensor in the defense or settlement of any Such action provided, however, that Licensee shall not be required to incur any costs associated with such cooperation. Licensee sliall provide to Licensor prompt wrill.cn notice of any claim, demand, or action for which indemmilcation is sought. This indetnnity shall not apply t.o the extent that Licensor is prejudiced by the failure of Licensee to provide such nol.icc ; and/or cooperat.ion, 6.9 Survival of Terms. The provisions of Sections 0,1 through 6.7 shall survive tcrrnin;rt.ion of this Agreement for any reason. SECTION 7 - TERM ANI) 'I' +'RMINATION 7,1 Term, This Agrccrrreril shall Commence on the da.lc and year contained herein and shall continue until terminated in accordance with the (cans 1.1icrcof, 7.2 Termination by Either Party. In the event that eilhcr party rrralcrially breaches or otherwise rnalcria.l Iy fails to perform any part of this Agreement, then the party hereto not in breach shall, at its option notily in writing the party in breach and demand that such material breach or I"ailtirc to perform be corrected within sixty (00) days and such notice shall describe with specificity the nature and extent of the brca.ch, If the party Ill breach fails to correct the breach within sixty (60) days after such notice is provided, the otlicr party may, at its sole discretion, immediately terminate this Agreement by giving; the party i❑ breach written nol.icc of termination. 7.3 Actions Upon 'Termination. Upon termination of this Agreement for any reason, Licensee shall immediately cease use of, and return forthwith to Licensor, the Licensed Program and Licensed Documentation, and any copies or portions thereof, including Maintenance Modifications or Enhancements, Upon return of such Licensed Program and Licensed Documentation and other materials, LlCCr140r shall rcftind all License Fees paid by Licensee exclusive E+deii/City of El Scgundo Liccnsc and Use Agreement Page 5 Sep -11 -97 03:26P +r�deMr�►`F►e� ion oMigoLhons k�under Seci-�an S � LF - I- of the arno(1� s paid for services, third party applications, software, and tools and actual expenses rclat.ed to this Agreement. I h e refund of License fees shall be Licensee's exclusive remedy upon such tcrtnination. SECTION 8 - MISCELLANEOUS 8.1 Entire Agreement. The provisions lierein cc »tstitute the entire agreement between the parties with respect, to the subject m;ittor lnercof and supersede a.11 prior agreements, oral or written, and all other communications relating to the subject natter hereof. No amendment to arncnd thus Agreement and that this s execI W bytboth part+�achoreto. unless set forth in a. document. (flat purports 8.2 No Assignment. Licensee shall not sell trar+sfer, assign, or subcontract any right, or obligation hereunder without the prior written consent. of Licensor. Any act in derogation of the foregoing shall be null and void, provided, however, that any such assignment shall not relieve Licensee of its obligations under this Agrccincnl. P.07 8,3 Force Majeure. Excepting provisions of this Agreement rcl ;iting to payment of license fees, ,Ind protection of LicellSOr'S Proprietary Irlfornliltion, neither party shall be in default of the t.crins hereof if such action is due to a natural calamity, or similar causes beyond the control of such party. 8.4 Gmerning Law. This Agreement. shall be governed by and consl.rucd in accordance with the laws of the state of California. Venue will be deemed appropriate in (.lie county of Los Angeles, C'aliforni;►.. 9.5 9everibility. if any provision of this Agreement is field by a. court of competent. j+rrisdiction to be contrary to law, the remaining provisions of this Agreement. will remain in fitil force and effect, 8.6 Notice. An,y notice rccl+rired or permitled to be made or given by Licensor under tlris Agreement shall be made in writing and delivered by hand or by ccrtilicd Mail, postage prepaid, to the City Clerk or ;toy Assistant City Clerk addressed : +s first set forth above. Any not.iec required or permitted to be made or given by Licensee under this Agreement shall be made in writing and delivered by hand or by certified mail, postage prepaid, to the President of Licensor addressed as first set forth above 8.7 Instillation. Licensor sl+;tll he exclusively responsible for delivery and install ;(.lion of the Licensed Program. Licensor shall provide Licensee wrillon notice after the Licensed Program (or any independently functional portion thereof) is instilllcd and the a.pplic ;iblo training is administered to Licensee. The date that such notice is received is the "Installation Ditc" Acceptance Testing. Licensee shall commence Acceptance Testing on or before ten (10) business days alter the Installation Dale. Acceptance Testing shall be perforrncd in accordance with the list. of hinclional it.cn+s outlined in Exhibit F, l.il.lcd "Acceptance Tcst. Criteria ", which exhibit is incorporated herein by this reference if the Licensed Program does not successftilly pass Acceptance Testing, then LiccnSCe shall notify Licensor in writing of Stich failure ( "First. Notice of Failurc") Said notice shall specify will+ reasonable detail to the extent known by l,iccnscc in which respects the Licensed Program failed to pass Acceptance Testing. Licensor shall make such corrections and modifications to the Licensed Program as are necessary to cst•,bhsh a reasonable basis for additional Acceptance Testing, and shall install the modified software within ;1. period of (liirty (30) days from the First Notice of Failure. Licensor shall provide Licensee written notice after the install ;ition is complete and retesting by the Licensee can begin. The date that such notice is received is the "Retest. Installation Date ". Licensee shall complete Acceptance Testing within a period of ten (10) business days after the Retest. Insialla.tion Dale. if the Licensed Program again fails Accepta.nec Testing, then such failure may be deemed by Licensee to be a mi►.t.eri;ll breach of this Agreement and Licensee shall have all rights and remedies set forth in this Agreement. 8.9 Acts of Insntvency. The Liccusee may terminate this Agrcc+ Tic tit by written notice to the Liccnsnr if the Licensor becomes insolvent, makes it general assignment for the bcnclit of creditors, suffers or permils the ;ippoinl.incnt of a receiver Ior its business or ;(.acts, becomes subject to any proceeding under any domestic ba.nknipley or insolvency Jaw or publicly announces liquidation proceedings, Edett/City of El Segundo License and Use Agreement. Page 6 Sep -11 -97 03:27P I,a z 8.10 Insurance. During the term of this Agreement, Licensor shall rttaaintain minimum levels of insurance in the a.rllounts of: a. Gcncr;ll Liability, $1,000,000 per occurrence for bodily injury, personal injury and property damage, b. Automobile Liability: S 1,0(1(1,000 per accident for bodily injury and property damage; c, Worker's Courpensation and Employer's Li;tbilily- Worker's C.'.ou►pensalion av rcgllircd by the Labor Code of the State of California and Employer's Liability lirnil.S of $1,000,000 p4r accident, 8.11 Equal Opportunity Employer. Licensor shall not. di \;;rirrllrl lte ill its recruiting, hiring, promotion, dcrrurlian, or tci- mivation practices on the basis of race, religious creed, color, national origin, ;mccstry, scx, age, or physical handicap in the performance of this Agreement. SECTION 9 - SOFTWARE SUPPORT 9.1 Scope of Service. Licensor shall render support. ;tnd services bctwccn the hour~ of RAM and 5PM, PST (Pacific Standard Timc) or PDT (Pacific Daylight Time), whichever is in effect, for the following.. a, Telephone Support - Calls rclajud h) Operation ol'the Licensed Program, reporting ol'a potcnlial error cunditiotl or abnormal terminittion of a. progrun, ar rcyucsl fur rnirlur assisla.nec rc;1,M,cd to the Licensed Program, 1►. Support Enhancements - Selected Enhancements, tine nature and type of which shall be d0crrnined solely by the Licensor. Such provision shall not preclude iiccnsor from providing other Enlnancenneuts of the Licensed Prograru for license fees, trailing charges, and other related service fees and cha.rgcs of the nature specified dscwhcre in this Agreement. c. VCS (Version Control System) Maintenance - Library of Licensed Program for Licensee complutc wil.li rnoditwations authorized by Licensee, performed by Licensor, and delivered to Licensee site for use. 9.2 Fees and Charges. Until termination of Licensor's obligations of support., Licensee shall pay Licensor annual support charges for basic support, for the: LiQcused Program ill a r lv. equal to 151N. of the amounts listed in the Support Basis column of Exhibit "A ". Licensor reson;es the right to change its support rate at the beginning of each Support Agrccrnenl. Term, provided th;tl, no such change shall be an increase of greater than 10% of the support, rats lM (.tic prior year and that no such increase will be effect.ivc until i +.l. lead 90 days after Liccnsor has given Licensee written notice of such change. All annual support. charges are due and payable on or before the 1 " day of cacti Support. Agreement Term. Charges for mc;l.ls ;rod incidental expenses associated with the delivery of support, will be charged oil a per dicm basis, The rate for such per dicm shall be the grcalcr of $35 per (lily or the maximum meals and incidental expenses allowed for l.icensce's loc;tlily , specified in 41 C'FR Scct.ion .301 Appendix A of the Code of hederal Rcgul;ttion. Partial days (1 /2 day or lcsS) will be billed Io the Licensee at one half the applicable rate. Other reasonable costs, actually incurred by iicensor within the scope of service and support., incltldi ng but not limited to airltrtin /taxi fa.rc, lodging, car rent.a.l, parking, freight costs imd reproduction charges incurred by Licensor, will be reimbllr5Cd by Licensee upon rcquesl from Liccnsor ;tccnmpa.nied by evidence of such costs. Licensor shall have the right to charge it 5 °/, ;rdniinistrotive fee for all reimbursable costs specified in this Suction, The fees and charges 5pcciF1W ill this seetinn arc exclusive of any federal, state, or local excise, sales, use, and similar taxes assessed or imposed with respccl. to the service and support provided hereunder. Liccuscc shall poy any such amounts Upon request of Liccnsor accornp ;tnicd by evidence of imposition of such taxes. Edcn/City of El Scgtmdo Liccnsc and IJsc Agreement Page 7 W1 Sep -11 -97 03:28P 9.3 Licensee Respunvil lities. Licensee shall be responsible for procuring, installing, and maintaining all equipment, t.clepltonc lutes, cornluunications interfaces, and other hardware accessary to opr e the Licensed program and to obtain from Licensor t.hc services called for according; to Licensor's theTl cxistill policy, 9,4 Proprietary Rights. '1'o the extent that Licensor rnt q provide Liccntiee with any Error Corrections or Enhancements or a.ny other software, including any new sollware progrtnts or components, or any compilations or derivative works of the Licensed Program prepared by Licensor, Licensee may (1) install one copy of the Licensed program, in the tltost current form provided by Licensor, in LiCCnSCC'S own f iCiFiLy, (2) use such Liccnscd Program in a manner consistent with the requirerttents of the Agreement, for purposes of serving Licensee's internal business needs, and (3) make up to three (3) copics ol'the Licensed Program in m;t.chine- readable fbnrt for nonproductive backup purposes only. Licensee Ttlay not use, copy, or modify Lite Licensed Program, or make a.ny copy, adaptation, transcription, or mcrg od portion thereof, except as expressly at►thorized by L,iccnsor. The Licensed Program is and shall rctnaiu the sole property of Licensor, regardless of whether Licensee, its CTrtployees, or contractors may have contributed to the con"Ttiotl of such work, joined in the effort of its development, or paid Licensor for the use of the work product., Licensee shall from tiTnc to Lillie take ally filrtheT action and execute and deliver any furll►er instrument., including doGttmcTtl$ of assignment or acknowledgment., that Licensor may reasonably request in ordcr to establish and perfect its exclusive ownership rights in such works. Licensee shall not assert a.ny right, title, or interest in suc]l works, except for the non - exclusive right. of use granted to Licensee ;it the time of it.s delivery or on -silc development. 9.5 Disclaimer cif Warranty ant) Limitation of Lipbility. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LICENSOR EXPRESSj,Y DISCLAIMS ANY AND ALL WARRANTiES CONCERNING THE SERVICES TO BE RENDERED HEREUNDER, WHVTHER EXPRESS OR IMPLIED, INCLUDING WITHOU1, LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ;n Sec4lort q and LiCr )50 5 ©bltg Mh � 1p Termination of Support. " Licensor's obligation t.o provide support as set forth laefei" nta.y be I.cmun;t.lcd by eil.hcr S PP°r- parry herct.o, at that party's sole discretion, upon expiration of t.bc Ilia► current Suppon Agreement Term, provided�A Men4S that written notico is given of such Lennitt:ttion to the other party a.t. least 60 days prior to the expiration of the current Support Agreetuent Term. Failure by Licensee to make Support payment as required by section 9,2 shall not he a breach of this AgrCCntent but shall give t.hc Licensor the right to inuitediately suspend Support, and if payment is not made by Licensee within thirty (30) days thcrcaflcr, Licensor may permanently cancel and terminate its obligations to provide such Support. The obligation to provide support shall also imutudia.lcly I.Crmin;lte upon termination of Lhis Agreement. IN WTTNESS WHEREOF, the parties have caused this Agrccmcnl to be executed as set forth below. [Lieensorl [Licensee] By- Deltltis L, Salts By. Signature, Sig;natlurc: Titic: President 'Title. Date. Date: Eden /City of El Segundo Licence and Usc Agreement Page 8 Sep -11 -97 03:2BP Exhibit A InForum Deliverables P.10 Products: F' encials - Budgeting, General Ledger, $2 9 950.00 $14,400V*.00 $38,91 1.OU 44,350.00 Accounts Payable, Accounts Receivable, $44,725,00 ($9,944,00) $34,781.00 Purchasin 21 , $600,00 $600.00 $29,950.00 $9,600.00 $1,000.00 39,550,00 P; yroIVBencfiI %/ BC Drivers lU users $8,320.00 ion Control. 12 , 14 20,950,0(1 $3,200,00 $1,600,00 $24,15(t.lt0 a.11 R.esourccs & Applicant. , 4 , 2 jTackii.,n $SOO no $1,5000 1 1 $500.00 C.�h Rc ister lnterlace I Data Dictionaries Services: ha.ncentents - (Esumate - Sec Exhibit C nsulting /Managetncr,l. (,Estimate - Scc Exhibit. D )I,ta Nile Conversion Serviccs- Estimate - Sec Exhibit D) Equipment, Third -Party Applications, 'I' 1 $20,000.00 $20,000.00 Database Software, on s. $2,000.00 $38,91 1.OU $40,')11.00 iLabasc Server xhibit G) D ibaso $44,725,00 ($9,944,00) $34,781.00 I tools l iler $600,00 $600.00 C-Com $1,000.00 $) ,000,00 BC Drivers lU users $8,320.00 $8,320.00 p/Ip, F.rnulation 32 users IlReport Writer for Windows 10 users; $5,720.00 $1,600,00 $7,320 00 3, {1} $1,5000 1 1 1 $1,500.00 I Data Dictionaries (Jther: T xes $300.00 $30200 F ci ht - (Estimated) $.12,000,00 $12,00200 T avel, Expcmels - (Estimate - Sec Exhibit D' Edell/City of El Segrundo Liccuse and Use Agreement Page 9 Sep -11 -97 03:29P Exhibit A Other Optional Deliverables P.11 The follow1119 list, of prices for productN and services are protect.cd (a) in the case of- Command Scrios applications for a period of 18 months from tho date of execution of this Agreemcn►.; and (b) in the case of '1nFonlm applications, if and when rcicased, fora period of 12 months front the date of official release of the product, by Eden, License fees paid by Licensee for Command Serics applications for which there is ,+ subsequent InFontm product release, will be appliod toward the inFontTTI product IiGcnsc shown under "1nFonun Liccnsc Fee" below, resulting in an Upgrade to the 1nFonnn application for the price shown under "1nFontrn Upgrade L.iccnse Fee'. Implcntentat.ion of these optional applications will result in additional travel and out of pocket expenses to Licensee, such estimate provided below. With the exception of Parcel Mam gcr /Permits & trl,pectious, for which Ilic estimated convcrsiatt service~ noted in this exhibit solely apply, it 18 agreed that Edcn is not responsible for data conversion for any other optional application without, first negoti;Tting with Licensee a cost to provide such additional d;tt:+. conversion. � ant �aq�larahiad ��:; lydl�in'ttte�! �,Rsa i�t!IrOC tt �>nsRkt� �I�1Y�k��N tttsri�elab�;'.i�ee iia�`>trzwat ' 11ft�'tl'�ri► i)pgruc4e rilpttp�jehttt Ryg tt(�{1M tp R F {} X« tad P..}itc released) Parts TnvcTllO TnFnrum - not rcicased) $7,500,00 f.� p1 . #xi :;. :.:i otJACt'... Business Licensing (Command Scncs - $3 50(►.t)0 Products: Fixed Assets (Command Scncs - $2,500.00 $1,600.00 $7,500.00 $S,000.Of► released) Parts TnvcTllO TnFnrum - not rcicased) $7,500,00 $1,(,00.)0 $7,500.00 $7,500.00 Business Licensing (Command Scncs - $3 50(►.t)0 $3,2U(t,00 $7,5U(►.UO $4,000,0f) released) Utility Management Syst.cm (Cottllrta.nd $8,500.00 $4,000.011 $29,950.00 $21,450.111,1 Scncs - released Parcel Manager/Perntits lit Inspections $29,9)50,00 $7,200.00 $29,950 UU $2y,95t)•00 TnForum - relcascd) Services: ('ira hical Uscr interface G1J1) $2,401)•00 ConsultinjfMit.nagetllent (Fstinlate - See Exhibit D) $5 UUU.UU Data Filc Conversion Services- Estimate Equipment, Third -Party Applications, Database Software, Tools: Other: ,cl, Expenses - Estimate $6,000.00 Edcn /Cits of El Segundo License and Use Agreement Page 10 Sep-11-97 03:29P Exhibit B Billing /Payment Schedule P.12 Edcn/City of Cl SegUndo License and Use Agrccmcrit Nags 11 Sep -11 -97 03:30P Exhibit C Database Software, Tools Edcn/CUy of E Segundo License and Use Agreement Page 12 P.13 17 u,nux Onlme nvnamic Server - Daveln,n,enl 5 S1,500. UU W7,500-00 /n ormix Online Dynarnic:.4en?er - Runtime 19 $1,125.00 $21,37.5.00 II7 ormix 4CiL C:urn iled- Develo ,nenl .? $'900.00 $'2,700.00 In nrn,ix 4(Il, C'u,n ?jtv l- Runtime 21 $300,00 00 $6, 300.00 In urrnix RDS - Development 3 $9U0. 00 $2,700.00 Informix Dehu Mur - Development 3 8'300.00 $900.00 1,'uur erl ?IPMUc 1 $3,25000 $3,250.00 .tiuhtutul Informix, tools $44,725.00 Discount 39, 944, 00 Total Informix, tools $34,781,00 OutrC 1 U $100.00 $ t, ()()U. UU wR tze ectO,t wire -T( /jj , ' 2 $260.00 $,S, 32U. Uu T'utal UU1l�' TCP/IP, Emulators S9 .;3 20.00 'Alal�4 443 .1a►ii :' Edcn/CUy of E Segundo License and Use Agreement Page 12 P.13 Sep -11 -97 03:30P Exhibit D Services Estimated Services P.14 The following; services and related coil items arc included in this Agreement wil.h the understanding by boll► parties that Teo in- depth research or analysis has been done by either individually or jointly relating to the actual work required to deliver such services. Consequently, the estimated costs included here cannot be relied upon by either party as all accurate cost. 10 provide such services as further described below. Enhancements, ConsultiniYMenaQement, Travel, Exuenses - Based on Licensor's perception of the enhanCCmcntS, Lonsulting/Tnanagemenl., travel and expenses required by Licensee a.l. Lhc time of execution of this Agreement, the estimate provided could vary depending on a fuller understanding of the requirements as the project unfolds. 11' the nature ol- the requirements causes a change in excess of 10% of the original estima.tc for any one or an aggregate of 111c named services, the Licensor will immediately Tcotil,y the Licensec ;I.Tid both parties will negotiate all adjusted cost to provide the product before any work may proceed Delta File C�►nycrsion Se.rvicLe - It is agreed by both parties t.ha.t. data file conversion scrviccs are difficult to estimate and are dependent oil a va[ict.y of factors including legal access to d;ita; availability of sufficient, docuTncntatioll describing the data to be converl.cd', proper definition of the desired result.; expertise capable of writing suitable conversion pragraius or devise technic;rl processes to convert the data into a for-T11 �uilable for conversion to the new forma; Little and schedule constraitlts', testing ;Ind data quality control; and others. Because the estima.t.e provided hcrCirl is not based on ally in -depth analysis, the 0stilllate provided herein is based on Licensec providing lcg ;icy system da.1:i in EDEN's prescnbcd conversion forma.l.s for each module to be converted below. Provided that data can be furnished in ►he required formats, EDEN will not exceed 1,110 estimates shown and will include efforts relating to the ninT►illg of the conversion program, tc t.iug and verifying the coTCVCrtcd data, and consulting with Licensee technical staff or service providers regarding the convcrsion specifications. Should Licensec b0 unable, fur any reason, to provide data ul EDEN's prescribed formats, EDEN may, at. its option, be employed to assist. in extracting legacy data and formatting it according to its 'standards. Such services will be billed to Licensee according to EDEN's then slandard hourly gltc ;tnd will be in addition to ticc conversion estimate provided herein. if the nature of 1 ,11c requirements causes a cha.ngc in excess of lU% of the original estimate for the conversion of any one or an ;rggregate of the named applications below, the Licensor will inlniediately notify the Licensec and both parlio, will neg;otiatc an adjusted cost. l.0 provide the pmduct before any work niay proceed. �► ,it��ti0it(114tAtl�uMe >: '; �tnllri �t�iwNt ' �is�t'')I�stiindxKe Financials - Budgeting, General Ledger, 130 $g'0()0'0() Accounts Payable, Accounts Receivable, P1 Trel laSi 11 pa.yrall /Denefrts/ RO $8,000.00 position Control Human Resources & A plicaiit Tr;tckin 40 $4,000,00 Q$1 Cash Re gistcr Interface U !T�tNI';1lRi(tdl�tc ' 2itlt ;,5241 tirtnr�o Edetl/City of Fl Segundo License tl.nd Use Agreement page 13 Sep -11 -97 O3:31P Exhibit D Services (continued) P.15 All Estimated Services - All estimated services described within this Exhibit. D shall be invoiced to Licensee by Licensor, due and payable as such services are delivered to Licensee, it. is agreed that, the value of the estimated services (wilh the exception of services in excess of the estimates) equals the cost estima.ics herein, regardless of whether or not such services are delivered in their cnl.ircty. The final payment for services shall be equal to the cost estilliate, less prior payments for services delivered, plus the ensl. or services delivered above the cost estimate. onsite Services TraininL instxllatiorr, and Setup - All training is to be administered in either #train the trainer' fashion, ar b)scminar or 'group' fashion; t.o rnaXiTniZe the usefulness of umlo and resources. The training Lusts herein assume that training is to be provided on -site in the Licensee's oil-toes and that the Licensee can provide suil;thlc training room filcilit.iCS and make Licensee's personnel ;tvitilablc an the dales and tiTncs agreed to by the pasties. The training, inswilat.ion, and setup specified herein is intended to provide a maximum of 36 days to administer such services to licensee personnel and the need for additional services, as determined by the Licensee, will bc; charged to the Licensee at I "nsor's t.hcn- goiilg hourly rate. Such additional services and the paymtent for sa.rnc sh;tll be authorized via the Licensoe's AFPS (Authorization For Professional Services) and no additional such services shall be administered withuul a fully executed AFPS by the Licensee Written acknowledgment nl' acceptance or full payment of the license fee for any module liSled in Fxhibit A sliall signify full satisfaction of the commitment for related services under this Agreement, Installation and setup charges assume the Licensee will ship, at its expense for all shipping and related costs, all necessary operating sOft.wa.rc, equipment and related tools to Licensur in order that LiLCnsor place the Licensed Program on the Ucen,scc's computer sysleul named herein and make sure that the Licensed Program will work with the operating system provided. This will constitute 'installation and setup' and will be perfonncd for the price quoted hereim. Edcri/Cily of El Segundo LiLuilsc and Usc Agrccurcnt Page 14 Sep -11 -97 03:31P Exhibit E Third Party Products Operating System - SCO O enservcr Release 5.x/The Sa.nl.a Cruz Operation ,SCO), Tnc, C -Coin filer - SCO O ouserver Dcvclo rn►ent Kit/The Sant:, Cruz Operation SCO), Inc ODBC - lntersoly Dala Direct Seri Iwersoly, Inc TCP/iP - WRQ Reflcclion Suite /WR , IrIC. Edu /City of ELI Scgundo License and Uqc ngrccrncrtt Page 15 P.16 Sep -11 -97 03:31P City of El Segundo ACCEPTANCE TEST Exhibit F Acceptance Test Criteria Eden System Proposal #FIN -3 -96 P.17 System/Subsystem Feature Description Feature RFP Resp Comment Ref. Payroll /Benefits /Position Control Capability to process pay 321 Y Capability to process voided checks, manual checks, and from multiple employers to a reissue checks, verifying the appropriate distribution to single employee. the GL, User - defined labor 381 Y Substantiate that system provides for retroactive pay distribution of earnings, processing for up to five bargaining units which may each benefits, and deductions. have different dates of approval and effective dates of the salary increases. TS—LA coding and 336 Y Manually verify the accuracy of FLSA calculations, as calculation. well as the calculations of Federal, State, and Local taxes. Capability to deal with lax 369 Y Verify the adequacy of data computed in quarterly j calculations for Federal Federal 941 tax form. I Payroll taxes. Capability to deal with tax 370a Verify the adequacy of data computed in quarterly calculations for State Payroll California DES for EDD. taxes. 370b Verify the accuracy and format of bi- weekly data provided to Public Employee Retirement System. Flexible direct deposit 351 Y Verify with bank and deferred compensation provider that processing uploaded data for direct deposit and deferred compensation withholdings conform to existing requirements. Processing iof premium pay 338 Y Verify that Eden paycode format allows for the procesing on a one -time, recurring, or of "Premium Pay" on a one time, recurring, or irregular irregular basis. basis, Provide for retroactive pay 380 Y processing Finance /General Ledger Integration with financial 377 Y Verify the line item accuracy of Payroll distribution into fund acctg. module. the General Ledger. Optionally, be able to 66 Y Test budget distribution option where funds are manually enter the budget distributed unevenly throughout the fiscal year. Can the distribution across the revenues be distributed in a manner different than the available accounting expenditures? Can the distribution be done globally, and periods. Ispecific line items be overridden? Full on- screen M reporting 20 Y Verify full onscreen reporting gives the user the ability to is allowed with the ability to view details down to the transaction level. view details to the transaction level in a classic "T" account format Edcn /Cit.y of El Scgundo Liccnsc t1.nd Use Agreement Page 16 Sep -11 -97 03:31P Exhibit F (continued) Acceptance Test Criteria I ACCEPTANCE TEST Eden System Proposal #FIN -3.96 System /Subsystem P.18 Feature Description Feature RFP Rasp Comment Ref. Budgeting is fully integrated 76 Y Trace a sample of transactions verifying the full with Job Costing, integration of the budgeting system with Payroll, Job Expenditures, Revenues and costing, and General Ledger modules. Payroll, N/A Run a month -end closing and test the output. NIA Manually test several days' posting distribution of cash receipts. Note: This does not include the Quadrant Cash Register interface, Finance /Accounts Payable Allows for current month 27 Y Allows multi year processing of invoices, Pos, and processing while prior encumbrances. For example, July and Aug. invoices and months remain open. Pos can be processed without impacting prior year balances. Allow for pre- encumbrance 129 Y Verify that the system allows for pre- encumbrance accounting accounting at the requisition stage, before purchase order is issued, and that pre- encumbrances can be included in budget checking. All document entry, edit, and 243 Y Verify that budgetary control is active during all data posting cycles validate: over entry, edit, and posting cycles. Examine various options budget conditions, for budgetary Control; at line item, division, or program level. I EdcrL/C'ity of El Segundo License and Use Agreement Page 17 Sep -11 -97 O3:32P Exhibit C DATABASE SE VER 11POD4315B Nerb'erver Li' (,1200 SMP M! -A 128rrrh 1) 11PD04892A 32MB Guns Parilv,51MM (4) 1 PDD4289A 9. 1Ci/3 Hut Swup Ultra SCJ'1 Disk Mudule (4) 11YL1C1,S,S�B .S'ure,Stnre DATMI S(M DAT Drive Dl)-2 7) 1lPDJ3171A 1%(r,rt DhLnk ;Y7. PCI 1011 UUR -TA' (1) AYC.:YU22UNL' ?',S'rnart -u > 1?00 1) 11PL)2,S06B jt'lat ,S(uare 1.5 " M?416 ,SYrr(' ColuY Leis rl(�Y (1) SC'(J62311� C) �err,S(:rver^ L'nter ,rj,Ne 11,5, U. 2 CU ('1) SC'lJtS2345 U enSurver Development 115, 0.2 (1) SC 062324 O enServer 5.0 25 -user License. 1) SCO627336 U enServer 5.0 SAfP License '1) Eden /City of E1 Segundo License and Use Agrccumil Page 18 P.19