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2025-06-12 Planning Commission AgendaAGENDA CITY OF EL SEGUNDO PLANNING COMMISSION 5:30 PM CITY COUNCIL CHAMBER 350 MAIN STREET EL SEGUNDO, CA 90245 JUNE 12, 2025 Kevin Maggay, Chairperson Mario Inga, Vice Chairperson Mark Christian Melissa McCaverty Steve Taylor The Planning Commission, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the Planning Commission, regarding any matter on this agenda, that the City received after issuing the agenda packet are available for public inspection in the Community Development Department, during normal business hours. Such documents may be posted on the City's website at www.elsegundo.org and additional copies will be available at the meeting. Unless otherwise noted in the agenda, the public can only comment on city -related business that is within the jurisdiction of the Planning Commission and/or items listed on the agenda during the Public Communications portion of the Meeting. Additionally, members of the public can comment on any Public Hearing item on the agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the Planning Commission, please fill out a speaker card located in the Chamber Lobby. It is not required to provide personal information in order to speak, except to the extent necessary to be called upon, properly record your name in meeting minutes and to provide contact information for later staff follow-up, if appropriate. Please respect the time limits. REASONABLE ACCOMMODATIONS: In compliance with the Americans with Disabilities Act and Government Code Section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City's website at https.11www.else_qundo.org4govemmentldepartments/city-clerk. Please contact the City Clerk's Office at (310) 524-2308 to make an accommodation request or to obtain a copy of the policy. 1 Page 1 of 45 CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) Individuals who have received value of $50 or more to communicate to the Planning Commission on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the Planning Commission. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow action on any item not on the agenda. A. CONSENT 1. Approve May 22, 2025 Planning Commission Meeting Minutes Recommendation - 1. Approve May 22, 2025 Planning Commission Meeting Minutes. 2. Alternatively, discuss and take other action related to this item. 2. Administrative Use Permit Allowing the Sale of Beer and Wine for On -site Consumption at a New Restaurant at 720 Allied Way, Unit B. (Environmental Assessment No. EA-1387 and Administrative Use Permit No. AUP 25-03). Recommendation - Receive and File the Community Development Director's approval of Environmental Assessment No. EA-1387 and Administrative Use Permit I • ' 01 WM1IC1 2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). 3. Alternatively, discuss and take other action related to this item. B. PUBLIC HEARINGS C. NEW BUSINESS 3. Three -Month Update for the Approved Axe -Throwing Activity at Brewport Tap House (EA-1166 Revision B and Administrative Use Permit No. AUP 16-11 Revision B) Recommendation - 1. Receive and file the Staff Presentation. 2 Page 2 of 45 2. Alternatively, discuss and take other action related to this item. D. UNFINISHED BUSINESS E. REPORTS — COMMUNITY DEVELOPMENT DIRECTOR F. REPORTS -COMMISSIONERS G. REPORTS — CITY ATTORNEY ADJOURNMENT POSTED: DATE- TIME - BY: 6/5/2025 5:00 P.M. Jazmin Farias, Assistant Planner 3 Page 3 of 45 MINUTES OF THE EL SEGUNDO PLANNING COMMISSION Regularly Scheduled Meeting May 22, 2025 CALL TO ORDER Chair Maggay called the meeting to order at 5:30 p.m. ROLL CALL Present: Chair Maggay Present: Vice Chair Inga Present: Commissioner Christian Present: Commissioner McCaverty Present: Commissioner Taylor Also present: Michael Allen, AICP, Community Development Director Also present: Eduardo Schonborn, AICP, Planning Manager Also present (via Zoom): Joaquin Vazquez, City Attorney Also present: Paul Samaras, AICP, Principal Planner Also present: Jazmin Farias, Assistant Planner PLEDGE OF ALLEGIANCE Chair Maggay led the pledge. PUBLIC/WRITTEN COMMUNICATIONS None. A. CONSENT *Chair Maggay pulled Consent item A.2* 1. Approval of Planning Commission Meeting Minutes: • April 24, 2025 MOTION: Approve the minutes. Moved by Vice Chair Inga, second by Commissioner McCaverty. Motion carried, 5-0, by the following vote: Ayes: Maggay, Inga, Christian, McCaverty, and Taylor 1 Page 4 of 45 2. Administrative Use permit to Allow the Sale of Beer and Wine for On -site and Off -site Consumption at a New Wine Bar Operating at 203 West Grand Avenue (Environmental Use Permit No. EA-1385 and Administrative Use Permit No. AUP 25-02) Assistant Planner Jazmin Farias presented a brief presentation regarding the request for an Administrative Use permit to allow the sale of beer and wine for on - site and off -site consumption at a new wine bar and artisan food shop. The applicant was present to answer any questions. Chair Maggay opened public communications. • Business Owners Adnen and Lenora provided a brief description of their proposed new wine bar, Barsha, and expressed how excited they are to join and serve the community. Chair Maggay closed public communications. MOTION: Receive and file Community Development Director approval of Environmental Use Permit No. EA-1385 and Administrative Use Permit No. AUP 25-02. Moved by Commissioner Taylor, second by Vice Chair Inga. Motion carried, 5-0, by the following vote: Ayes: Maggay, Inga, Christian, McCaverty, and Taylor B. NEW PUBLIC HEARINGS None. C. NEW BUSINESS 3. Selection of a Planning Commissioner to Serve as a Member of an Ad -Hoc Committee for Future LA County Special Events Community Development Director Michael Allen provided a brief description of what the Ad -Hoc Committee for Future LA County Special Events would entail. • Commissioner discussion ensued to determine who will serve on the forthcoming Ad -Hoc Committee. • Commissioners provided consensus to appoint Commissioner McCaverty to serve on a forthcoming Ad -Hoc Committee regarding future regional special events in Los Angeles County. D. UNFINISHED BUSINESS 2 Page 5 of 45 4. Study Session on Incubator and Innovative Start-up Uses Within the Smoky Hollow Specific Plan Area. Principal Planner Paul Samaras presented a brief presentation which summarized the facilitating of establishment and growth for small-scale, technology start-up businesses and the current barriers the Incubator and Innovative Start-up uses face within the Smoky Hollow Specific Plan. • Commissioner discussion ensued regarding the flexibility in land use and parking requirement. • Paul highlighted that staff is not recommending a reduction in parking. • Commissioners provided consensus to apply the current parking requirement for Incubator and Innovative Start-up uses. • Commissioner discussion ensued regarding environmental review, limits on manufacturing scale for such tech uses, and limits on raw/hazardous materials. • City Attorney Joaquin Vazquez advised that state and local governments try as much as possible to validly use CEQA exemptions and there are more state legislatures to help facilitate development and real estate growth. He added that they are easier to defend compared to MND and EIR's. • Commissioners provided consensus for staff to work with the Fire Department to propose a metrics with flexibility for limits on raw/hazardous materials. • Commissioners requested for staff to inquire with the Fire Department how the handling and disposal of raw/hazardous materials looks like. • Commissioner discussion ensued regarding the Incubator and Innovative Start-up use definition and if the use should be permitted by right or subject to a AUP or CUP. • Commissioners provided consensus for Incubator and Innovative Start-up (light industrial) uses that utilize raw organic material and hazardous material to be permitted subject to an AUP. • Commissioners requested for raw organic material and hazardous material to be defined. • Commissioners requested examples of by right Incubator and Innovative Start-up (light industrial) uses at the next study session. MOTION: No action required by the Planning Commission. E. REPORTS — COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE None. F. REPORTS — PLANNING COMMISSIONERS 3 Page 6 of 45 None. G. REPORTS — CITY ATTORNEY None. ADJOURNMENT — the meeting adjourned at 7:03pm. The next meeting is scheduled for June 12, 2025 at 5:30 pm. Michael Allen, Community Development Director Kevin Maggay, Planning Commission Chair BI Page 7 of 45 ,ITV4H Planning Commission Agenda Statement E L S E G U N D O Meeting Date: June 12, 2025 Agenda Heading: CONSENT Item Number: A.2 TITLE: Administrative Use Permit Allowing the Sale of Beer and Wine for On -site Consumption at a New Restaurant at 720 Allied Way, Unit B. (Environmental Assessment No. EA- 1387 and Administrative Use Permit No. AUP 25-03). RECOMMENDATION: 1. Receive and File the Community Development Director's approval of Environmental Assessment No. EA-1387 and Administrative Use Permit No. ►_�o]W M 101191 2. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: On March 25, 2025, the applicant George Fratkin applied for Environmental Assessment No. EA-1387 and Administrative Use Permit No. AUP 25-03 to allow the sale of beer and wine for on -site consumption (Type 41 ABC License) for a new restaurant ("Sea butter"). After the submittal of additional information, the Community Development Director conditionally approved the AUP on June 5, 2025. DISCUSSION: Site Description The site is located within the Plaza El Segundo shopping center, developed with a total of 394,464 square feet of building area, containing a combined total of 1,910 parking Page 8 of 45 EA-1387 and AUP 25-03 June 12, 2025 Page 2 of 4 spaces shared among all uses at the shopping center. The site is developed with a variety of retail, restaurants, general office, recreational facilities, a learning center, and other commercial service uses that are contained within multiple buildings and parcels throughout the Plaza El Segundo. The subject restaurant occupies a 799 square -foot space within a 27,676 square -foot building located at the northeast corner of Plaza El Segundo. The shopping center is zoned Commercial Center (C-4), and is generally bounded by Hughes Way to the north, Pacific Coast Highway to the west, and Park Place to the south. The proposed new restaurant requires 11 parking spaces. The combined total of 1,910 parking spaces are provided for the required 1,616 parking spaces for this area of Plaza El Segundo. Vehicular access to the shopping center is provided from Pacific Coast Highway, Park Place, and Allied Way. Project Description: The proposed project includes an Administrative Use Permit to allow alcohol service for on -site consumption at a new 799 square foot restaurant. Administrative Use Permit 25-03 An Administrative Use Permit is required to allow alcohol service in conjunction with a restaurant. In the event the Planning Commission desires to review the Director's approval of the administrative use permit, the Planning Commission acts in its quasi-judicial capacity (i.e., applying established standards to applications to determine specific rights under existing law). Before an administrative use permit may be granted, the Director or the Commission must find the following findings are met as required by ESMC § 15-22-3: 1. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. 2. The proposed use is consistent and compatible with the purpose of the zone in which the site is located. 3. The proposed location and use and the conditions under which the use would be operated or maintained to not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. The Director determined that the findings listed above can be made to support approval of an AUP, thereby allowing the onsite sale and consumption of beer and wine at the new restaurant. Page 9 of 45 EA-1387 and AUP 25-03 June 12, 2025 Page 3 of 4 The project site is in the Commercial Center (C-4) Zone within an existing shopping center known as Plaza El Segundo, developed with a large variety of retail, restaurant, general office, recreational facilities, and other commercial service uses. The proposed ancillary alcohol service for the restaurant is compatible with adjacent commercial uses in the immediate vicinity. The restaurant will obtain and operate with a Type 41 ABC license and food will be available when alcohol is sold. The approval includes conditions intended to minimize impacts, and any subsequent modifications to the floor plan and areas where alcohol will be served and consumed is subject to review and approval by the Community Development Department Director. The required findings, conditions of approval, and environmental assessment are provided in the attached Director's Approval Letter dated June 5, 2025. The Director concluded that the project is appropriate for the location and will not operate in a manner that will create unwanted impacts. Staff recommends that the Planning Commission receive and file the Director's approval. In the alternative, any Planning Commissioner may request that this permit be discussed, and a decision be made by the Planning Commission instead of "received and filed." Environmental Review After considering the facts and findings below, the Director finds this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) since the proposed project involves alcohol service for a new restaurant located at an existing commercial tenant space of an existing commercial shopping center. CITY STRATEGIC PLAN COMPLIANCE: Goal 5: Champion Economic Development and Fiscal Sustainability Strategy C: Implement strategic initiatives to attract new businesses and foster business to business networking and collaboration to retain and grow existing businesses. Strategy D: Implement community planning, land use, and enforcement policies that encourage growth while preserving El Segundo's quality of life and small-town character. PREPARED BY: Maria Baldenegro, Assistant Planner REVIEWED BY: Eduardo Schonborn, AICP, Planning Manager APPROVED BY: Michael Allen, AICP, Community Development Director Page 10 of 45 EA-1387 and AUP 25-03 June 12, 2025 Page 4 of 4 ATTACHED SUPPORTING DOCUMENTS: 1. EA 1387 AUP Approval Letter 2. SEABUTTER plans 05 09 2025 Page 11 of 45 VI ,ve,qf Community Development Department June 5, 2025 Matthew Mello 327 East Second Street #222 Los Angeles, CA 90012 Subject: Environmental Assessment No. EA-1387 and Administrative Use Permit No. AUP 25-03 Address: 720 S. Allied Way, Unit B, El Segundo, CA 90245 (Seabutter Restaurant) Dear Mr. Mello: Your request for an Administrative Use Permit allowing the sale of beer and wine for on - site consumption (Type 41 ABC License) at Seabutter Restaurant is APPROVED in accordance with the El Segundo Municipal Code Section 15-22-3. The approved AUP allows alcohol sales for on -site consumption at the indoor dining area of a new 799 square -foot restaurant. The associated environmental determination and required findings supporting the decision approving the AUP are described in Exhibit A. The approval is subject to the conditions of approval contained in the attached Exhibit B. This determination is scheduled to be "received and filed" by Planning Commission at the June 12, 2025, meeting. Any Planning Commissioner may request that this permit be discussed, and a decision be made by Planning Commission instead of "received and filed." Should you have any questions, please contact Assistant Planner Maria Baldenegro at (310) 524-2341, or via email at mbaldenegro(a�elsegundo.org. i iewe%d Zr o S nborn, AICP Planning Manager Ap roved by: i Z.CJ Michael Allen, AICP Community Development Director Page 12 of 45 Exhibit A Environmental Determination and Required Findings Project Address: 720 S Allied Way, Unit B (Seabutter Restaurant). Project Description: The proposed project is for the approval of an Administrative Use Permit to allow alcohol service for on -site consumption at a new 799 square -foot restaurant. Environmental Assessment 1387: After considering the facts and findings below, the Director finds this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) since the proposed project involves alcohol service for a new restaurant located at an existing commercial tenant space of an existing commercial shopping center. Administrative Use Permit 25-03: As required by El Segundo Municipal Code Section 15-22-3, the following are the findings and facts in support of the decision: Finding 1: There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1: The project site is located in the Commercial Center (C-4) Zone within an existing shopping center known as Plaza El Segundo, which is developed with a variety of retail, restaurant, general office, recreational facilities, learning center, and other commercial service uses. The proposed new restaurant (Seabutter) is replacing a Food -to -go tenant (Oath Pizza). The C-4 Zone permits restaurants by right. The proposed alcohol service positively complements the meals provided at the new restaurant and will not detrimentally affect existing adjacent uses. Alcohol service for the restaurant will be ancillary to the main use and is compatible with the other commercial uses at the shopping center including the area. Vehicular access to the shopping center is available via Pacific Coast Highway, a major large volume traffic arterial for El Segundo, including Allied Way and Park Place. The site is sufficiently buffered from any residential or sensitive uses, as the area is developed with an oil refinery, self -storage facility, railroad track spurs, and a variety of commercial uses. The site is appropriate for the use and the use is compatible with adjacent industrial and commercial uses in the area. Page 13 of 45 Finding 2: The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2: The project site is in the Commercial Center (C-4) Zone. The purpose of the C-4 Zone is to provide for developing commercial retail and services uses serving the City and surrounding area. In accordance with this purpose, the site is developed with a variety of retail, restaurants, general office, recreational facilities, learning center, and other commercial service uses. Further, the The C-4 Zone promotes the development of commercial establishments serving the City and surrounding area. The proposed alcohol service for a new restaurant operating with a Type 41 ABC License is consistent with the C-4 Zone, subject to the approval of an Administrative Use Permit. Other existing restaurants currently operating at Plaza El Segundo have AUP approvals for alcohol service. Thus, the proposed alcohol service will not introduce a new use that is not currently permitted in the zone, nor will it introduce a use that is incompatible with other uses in the zone. Furthermore, the proposed alcohol service for a new restaurant is consistent and compatible with the purpose of the Commercial Center (C-4) Zone. Finding 3: The proposed location and use, and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3: The proposed request is for alcohol service for a new tenant that will operate a restaurant at an existing shopping center (Plaza El Segundo). The proposed alcohol service is subject to conditions of approval and the restaurant is surrounded by commercial uses (no residential uses). Alcohol sales are proposed from 12:00 pm to 9:00 pm daily and will accompany meals and the sale for off -site consumption is not permitted. Thus, the consumption of alcohol for a new restaurant, as conditioned, is not anticipated to become a nuisance in the vicinity. Additionally, the Police Department staff did not protest the approval for the alcohol service for the restaurant. Therefore, the use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Finding 4: Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Page 14 of 45 Facts in Support of Finding 4: The new restaurant will occupy a portion of an existing building at an existing commercial shopping center. The shopping center at Plaza El Segundo contains sufficient parking spaces for the various uses operating at the site and has adequate vehicular access from Pacific Coast Highway, Park Place and Allied Way, thereby eliminating possible traffic and hazardous issues arising with the operation of a new business. The proposal includes offering beer and wine for on -site consumption at a new restaurant. The proposed hours for alcohol sales will be the same hours as the restaurant. The on -site sale and consumption of alcohol for interior dining floor area of a new restaurant will not create any new impacts that would be normally associated with the operation of a restaurant. Therefore, the proposed alcohol service for a new restaurant is not anticipated to generate hazards that would require mitigation. Finding 5: The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5: The Applicant must maintain a license from the State of California Department of Alcoholic Beverage Control for the on -site sale and on -site consumption of beer and wine for a new restaurant (Type 41 ABC License). The applicant shall obtain the necessary approvals from the State of California Department of Alcoholic Beverage Control for the Type 41 ABC License prior to selling beer and wine. If the Applicant does not receive such approval from ABC by June 26, 2026, the City's approval shall be null and void. 4 Page 15 of 45 Exhibit B CONDITIONS OF APPROVAL The Director of Community Development Department approved the indoor and outdoor dining layout/floor plan, per the plans submitted to the City on May 09, 2025. In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), Matthew Mello representing George Fratkin for Seabutter Restaurant ("Applicant") and any successor - in -interest agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No. EA-1387 and Administrative Use Permit No. AUP 25-03 ("Project Conditions") - Planning 1. This approval allows for alcohol service at a 799 square -foot restaurant ("Seabutter"), which includes a 127 square -foot indoor dining area as illustrated in the approved plans dated March 25, 2025, that will operate with a Type 41 ABC License (sale of beer and wine for on -site consumption). 2. The sale of beer, and wine for on -site consumption at the restaurant is limited to 12 pm to 9 pm daily. Any change to the hours for the sale of alcoholic beverages is subject to review and approval of the Community Development Director. 3. Food must be available for the indoor dining area during the hours alcohol is sold, and the sale of beer and/or wine for off -site consumption shall not be allowed. 4. Any subsequent modification to the project as approved (including change of use and change of occupancy to the building) shall be referred to the Community Development Director for approval or a determination regarding the need for Planning Commission review of the proposed modification. 5. The Community Development Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may require that public hearing be scheduled before the Planning Commission regarding the status of the Administrative Use Permit. 6. The applicant shall obtain and maintain all licenses and comply with all regulations of the Alcoholic Beverage Control (ABC) Act (Business & Professions Code Section 23300) and the regulations promulgated by the Board, including the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 7. The applicant shall obtain the necessary approvals from the State of California Department of Alcoholic Beverage Control for the Type 41 ABC License prior to selling beer and wine. If the Applicant does not receive such approval from ABC by June 26, 2026, the City's approval shall be null and void. 8. If complaints are received regarding excessive noise, or other nuisances associated with the sale of alcohol (beer and wine), the City may, in its discretion, 9 Page 16 of 45 take action to review the Administrative Use Permit and add conditions or revoke the permit. 9. There shall be no exterior advertising of any kind or type indicating the availability of specific alcoholic beverage products inside the store. 10. The applicant shall obtain the necessary permits and approval from the City for any special events occurring on the premises. Building 11.The indoor dining area for the restaurant shall not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. Fire 12. The indoor dining area for the restaurant shall comply with the California Building and Fire Code requirements, as adopted by the ESMC. Police 13.The sale of beer and wine for on -site consumption must be limited to hours the restaurant is open and food is available. Any modifications to the hours of operation for the sale of beer and wine will require review and consideration by the Police Department and the Community Development Department Director. 14.The sale of beer and wine for on -site consumption shall be ancillary to the restaurant and subject to the California Department of Alcoholic Beverage Control regulations. 15. No external signs or window advertising for wine or its availability shall be displayed in such a manner as to be visible from the exterior of the building. 16.All patrons who appear under the age of 30 shall be required to show some form of identification. A sign indicating this policy shall be prominently posted in a place that is clearly visible to patrons. Only the following forms of identification will be acceptable: a. Valid driver's license b. Valid State identification card c. Valid passport d. Current military identification e. U.S. Government immigrant identification card 17. All forms of out-of-state identification shall be checked by the authorized representative of the owner of the licensed premises in the Driver's License Guide. The authorized representative of the owner shall remove from the patron's wallet the identification card or any plastic holder to inspect it from any alterations made Page 17 of 45 to it through a close visual inspection and/or use of a flashlight or "Retro-reflective viewer" or ID scanning machine, or other electronic device as approved by the Police Department. 18. Glassware used for the service of alcoholic shall be of a shape and size uniquely different from that glassware used for non-alcoholic beverages. Alcoholic beverages shall not be permitted on the premises contained in any other non- alcoholic beverage glassware or container. This includes but is not limited to, teapots, teacups, water glasses and soft drink glasses. 19. Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 20.There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 21. When serving pitchers exceeding 25 ounces of an alcoholic beverage, all patrons receiving such pitcher, as well as all patrons who will be consuming all or any portion of such pitcher, shall present an ID to the server if they appear to be under the age of 30, if not previously checked at the entrance to the licensed premises. 22. Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic beverage shall not be sold to a single patron for their sole consumption. 23.Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 24. High -Definition color cameras shall be installed at all building entrances and select exterior locations as determined by the police department. Cameras shall be capable of clearly capturing a recognizable facial image of patrons and on the exterior areas required by the police department. Cameras at pedestrian entrances shall clearly capture the entire person and a face image. Camera images shall be digitally stored for at least 30 days. Viewing and access to the recording must be made available at any El Segundo Police Officer's request during normal business hours when conducting an investigation of a complaint or criminal activity. 25. Parking lot lights shall remain on during business hours. 26. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 27. Conditions of approval under an Administrative Use Permit shall be visibly posted in an area accessible to the public along with the City of El Segundo business license. 7 Page 18 of 45 28.The property owner and applicant (business owner) shall allow access on the premises at any time as deemed necessary by the El Segundo Police Department or Community Development Department personnel for the purpose of inspecting the premises to verify compliance with the Administrative Use Permit. 29.The Administrative Use Permit may be revoked if the business is convicted of selling alcoholic beverages to a minor. 30.The Administrative Use Permit may be modified or revoked by the City should it be determined that the proposed use or conditions under which it was permitted are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the use is maintained as to constitute a public nuisance. 31. George Fratkin representing Seabutter Restaurant ("Applicant") shall acknowledge receipt and acceptance of the project conditions by executing the acknowledgement below. 32.The Applicant George Fratkin representing Seabutter Restaurant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval for Environmental Assessment No. EA-1387, and Administrative Use Permit No. AUP 25-03. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval Revision A to Environmental Assessment No. EA-1387, and Administrative Use Permit No. AUP 25-03, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, George Fratkin representing "Seabutter" Restaurant certifies that he has read, understands and agrees to the Project Conditions listed in this document until superseded by another approval letter or rescinded. 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Receive and file the Staff Presentation. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: On January 7, 2025, Brewport Tap House restaurant submitted an application to revise existing approvals, specifically to expand the onsite sale and consumption of beer, wine, and distilled spirits into a 120 squared foot outdoor area and provide an outdoor axe - throwing cage at the rear (northeast) corner of the lot. After considering the request, on February 20, 2025, the Community Development Director approved the Administrative Use Permit Revision, allowing the expansion of on -site sale and on -site consumption of beer, wine, and distilled spirits (Type 47 ABC License) in one new outdoor accessory area. On March 13, 2025, the Planning Commission received and filed the Community Development Director's approval of Environmental Assessment No. EA-1166 Revision B and Administrative Use Permit No. AUP 16-11 Revision B with modifications to the Conditions of Approval as captured in the Planning Commission Meeting Minutes dated March 13, 2025 (attached). The Planning Commission directed the applicant to: 1. Install signage at the axe -throwing cage location advising customers to "be good neighbors" to the surrounding area by keeping their voices/screams/yells down. Page 28 of 45 Three -Month Update for Previously Approved EA-1166 Revision B and Administrative Use Permit No. AUP 16-11 Revision B June 12, 2025 Page 2 of 3 The Planning Commission directed staff to: 1. Conduct noise readings from the surrounding areas, including residential properties if permitted entry by the tenants/property owners, during times when the axe -throwing activity is being conducted to obtain noise levels of axe - throwing activity. 2. Conduct unannounced noise readings during times when the axe -throwing activity is being conducted to obtain noise levels produced during the use of the area by customers while conducting axe -throwing activity. 3. Report back to the Planning Commission in 3 months from the date of approval to provide an update on the operation of the facility, their adherence to the Conditions of Approval, and include information on whether any Police Department calls are received after 8:00 P.M. regarding the accessory axe - throwing amenity. DISCUSSION: Between March and June 2025, Planning staff conducted unannounced noise readings during the axe -throwing activities (refer to table 1) and confirmed that signage was posted at the axe -throwing cage reminding customers to keep noise levels down. Table 1 Date of Time of Location of Conclusion Inspection Inspection Inspection 3/26/25 5:15 PM 200-204 Main Noise levels below standard. Street (alley and nearby residential properties) 4/15/25 11:30 AM 200-204 Main Signage was installed. Noise Street (alley and levels below standard. nearby residential properties) 4/16/25 6:30 PM 200-204 Main Not in use. Street (alley) 5/17/25 3:30 PM Inside Noise levels below standard. apartment C at Page 29 of 45 Three -Month Update for Previously Approved EA-1166 Revision B and Administrative Use Permit No. AUP 16-11 Revision B June 12, 2025 Page 3 of 3 205 Standard St 5/17/25 4 PM Inside Noise levels below standard. apartment F at 205 Standard St Staff will deliver a brief presentation on these findings at the June 12, 2025, Planning Commission Meeting. CITY STRATEGIC PLAN COMPLIANCE: Strategy D: Implement community planning, land use, and enforcement policies that encourage growth while preserving El Segundo's quality of life and small-town character. PREPARED BY: Jazmin Farias, Planning Technician REVIEWED BY: Eduardo Schonborn, AICP, Planning Manager APPROVED BY: Michael Allen, AICP, Community Development Director ATTACHED SUPPORTING DOCUMENTS: 1. 2025 03-13 PC Meeting Minutes 2. Approval Letter with Signed Conditions of Approval Page 30 of 45 MINUTES OF THE EL SEGUNDO PLANNING COMMISSION Regularly Scheduled Meeting March 13, 2025 CALL TO ORDER Chair Maggay called the meeting to order at 5:32 p.m. ROLL CALL Present: Chair Maggay Present: Vice Chair Inga Present: Commissioner Christian Also present: Michael Allen, AICP, Community Development Director Also present: Eduardo Schonborn, AICP, Planning Manager Also present: Joaquin Vazquez, City Attorney Also present: Paul Samaras, AICP, Principal Planner Also present: Maria Baldenegro, Assistant Planner Also present: Jazmin Farias, Assistant Planner PLEDGE OF ALLEGIANCE Chair Maggay led the pledge. PUBLICIWRITTEN COMMUNICATIONS None. A. CONSENT 1. Approval of Planning Commission Meeting Minutes: • February 13, 2025 MOTION: Approve the minutes. Moved by Commissioner Inga, second by Commissioner Christian. Motion carried, 3-0, by the following vote: Ayes: Maggay, Inga, and Christian Consent Item 2 and 3 pulled by the Planning Commission. 2. A Request to Expand the Areas of On -site Sale and Consumption of Beer, 1 Page 31 of 45 Wine, and Distilled Spirits at an Existing Restaurant (Brewport Tap House). (Environmental Assessment No. EA-1166 and Administrative Use Permit No. AUP 16-11 Revision B). (JF) Assistant Planner Jazmin Farias presented the staff report regarding the proposed request to expand onsite sale and consumption of beer, wine, and distilled spirits into one new outdoor accessory area comprised of a 120 square - foot outdoor axe throwing cage located at the rear northeast corner of the lot. • Chair Maggay inquired where the noise readings were done and if they were doing while the axe throwing activity was occurring. Jazmin stated that they were done at the project site while axe throwing activity was occurring and not occurring. • Commissioner Inga inquired if the accessory activity is a new amenity or existing. Jazmin stated that the activity would be a new area for alcohol consumption. Planning Manager Eduardo Schonborn stated that the amenity had been installed within the last couple of years as part as temporary outdoor dining during COVID and now that the outdoor dining area was removed, they are proposing a permanent accessory amenity. • Commissioner Christian inquired if during the COVID temporary outdoor dining noise readings were done and if noise readings were done within the property boundaries of the nearby residents. Staff advised that no noise readings were conducted during the COVID temporary outdoor dining. Community Development Director Michael Allen added that Code Enforcement inquired if a noise reading could be done from a resident's home and access was not granted (via a code enforcement case/complaint). Chair Maggay opened public communications. • Applicant Kristian Krieger (restaurant owner) and Hatchet Hound (axe throwing owner) Matt McCullough explained that the axe throwing only occurs when the amenity is booked, and no walk-up service is available. They added that the amenity has been around for 4 years and is located in dead space area adjacent to the parking lot. Kristian stated that residents behind the restaurant have his direct phone number where they can report any issues. They also volunteered to reduce the hours of operation to 8pm for the axe throwing amenity to reduce noise. Other improvements have been made to the axe cage to mitigate noise to the surrounding uses. • Commissioner Christina inquired the frequency of events as its driven by reservations and popular times for these reservations. Matt shared that it picks up during holiday season as they cater to corporate events; approximately 30 reservations a month and on slow months approximately 12 to 15 reservations. Popular times are earlier in the day from 12pm — 6pm. 2 Page 32 of 45 Chair Maggay inquired if the location of the amenity could be changed as the back of the cage faces the alley. Matt stated that another orientation will not work as the space is limited due to mechanicals that go to the building and the restaurant storage space. Chair Maggay inquired if there is signage up that says residents nearby, please keep it down. Matt stated that at the moment they do not have any but a coach is present at all times to take charge of the participants and concurred with adding signage as a form of mitigation. Resident Tony Martini who resides directly behind the Brewport parking lot expressed his concerns with the noise emitting from the project site; specifically the participants noise and not necessarily the axe throwing itself. He expressed his frustration with the situation as he is not able to relax in his home nor open the windows. He added that this amenity could be located inside the restaurant and played a video as an example of how loud the participants are. Resident John Vasak spoke on behalf of the residence adjacent to the restaurant and inquired if alcohol is allowed in the parking lot and believes that alcohol should not be permitted back there if indeed this is a parking lot. He also believes the amenity can be relocated inside or positioned elsewhere to reduce noise coming from the participants. Kristian advised that there is no room for the amenity inside the restaurant and added that alcohol would not be served only consumed in the axe throwing cage area. Matt stated that there would be no more than 20 people at a time within the axe throwing cage area as the area is not large enough to accommodate more. Chair Maggay closed public communications. Further communication from Planning Commission. • Chair Maggay inquired if the axe throwing amenity itself needs a permit. Staff advised that it does not. Staff also shared that the area where the cage is located is dead space, it is not taking up parking spaces and clarified that the area itself is not part of the parking lot. • Chair Maggay suggested to add a condition so that staff can monitor the activity at the site as he understands that a handful of approaches have been taken by the restaurant to mitigate sound and wants to ensure the Conditions of Approval are being adhered to. Staff advised that they could report back with findings. • Commissioner Christian inquired if the permit could be revoked. City Attorney Joaquin Vazquez advise that any permit can be revoke upon due process and notice of a hearing. • Staff inquired if the Planning Commission has operational standards that they consider important in terms of performance to give staff a threshold to determine if the site is in violation otherwise, we are limited to what the Conditions of Approval call out. Chair Maggay stated that he is Page 33 of 45 comfortable with the regular process and make it complaint driven; commissioner Inga concurred. Commissioner Christian stated he likes the concept of something more measurable as noise complaint calls can be manipulated. Staff suggested that a simple report back to Planning Commission can be done if consensus is not reached on operational standards. • Planning Commissioners provided consensus to add the below additional conditions of approval: o Install signage at the axe throwing cage location advising customers to "be good neighbors" to the surrounding area by keeping their voice/screams/yells down. o Staff shall report back to the PC in 3 months to provide an update on the operation of the facility and their adherence to the Conditions of Approval. Chair Maggay is interested in knowing if any PD calls are received after the 8pm moving forward. o Staff shall conduct unannounced noise readings during times when the axe throwing activity is being conducted to obtain noise levels produced during the use of the area by customers while conducting axe throwing activity. o Staff shall attempt to conduct on -site noise readings from the surrounding residential properties (if permitted entry by the tenants/property owners) during times when the axe throwing activity is being conducted to obtain noise levels produced during the use of the area by customers while conducting axe throwing activity. MOTION: Receive and file Community Development Director approval of Environmental Assessment No. EA-1166 Revision B and Administrative Use Permit No. AUP 16-11 Revision B with the modified conditions as stated above. Moved by Commissioner Christian, second by Commissioner Inga. Motion carried, 3-0, by the following vote: Ayes: Maggay, Inga, and Christian 3. Revision "A" to an Administrative Use Permit to Expand the Indoor and Outdoor Dining Areas and Allow the Sale of Beer, Wine, and Distilled Spirits for On -site Consumption at an Existing Restaurant (Environmental Assessment No. EA-1295, Revision A, Downtown Design Review No. DDR 24-01, and Administrative Use Permit No. AUP 20-03). (MB) Assistant Planner Maria Baldenegro presented the staff report regarding the proposed reconfiguration and expansion of the existing restaurant which triggers a modification to the existing AUP on file to capture the expansion of alcohol service for on -site consumption for both indoor and outdoor dinning area expansions. 4 Page 34 of 45 Chair Maggay opened public communications. • Applicant representative Matthew Melo concurs with the findings and recommendations made by staff. He stated that the applicant is very excited to continue operating in El Segundo. Chair Maggay closed public communications. • Commissioner Inga inquired if the restaurant area that is increasing is a common area with the other tenants. Maria advised that the increased area is only for this restaurant and not the other tenants. MOTION: Receive and file Community Development Director Approval of Revision A to Environmental Assessment No. EA-1295, Revision A, Downtown Design Review No. DDR 24-01, and Administrative Use Permit No. AUP 20-03. Moved by Commissioner Inga, second by Commissioner Christian. Motion carried, 3-0, by the following vote: Ayes: Maggay, Inga, and Christian B. NEW PUBLIC HEARINGS None. C. NEW BUSINESS 4. 2024 General Plan Implementation and Annual Housing Element Progress Reports. (PS) Principal Planner Paul Samaras presented the staff report regarding updates related to the Community Development Department and a review of progress made in 2024 on each General Plan Element. • Commissioner Christian inquired if the Code Violation cases had an increase or decrease compared to the last couple years. Paul advised that there was a slight decrease compared to the last couple years. • Commissioners thanked staff for the update. Chair Maggay opened public communications. • None Chair Maggay closed public communications. MOTION: Not required. 5 Page 35 of 45 D. UNFINISHED BUSINESS None. E. REPORTS — COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE Community Development Director Michael Allen shared that two planning commissioners have been selected by City Council and are expected to join the commissioners no later than the first meeting in April. He added that the contract with MIG was approved to proceed with the land use element update and the first meeting in April will be the appointment of a member of the Planning Commission to sit on the technical advisory committee. Planning Manager Eduardo Schonborn shared that City Council continued the Zone Text Amendment regarding parking in the R-3 zone as they asked staff to do a couple modifications to that amendment. F. REPORTS — PLANNING COMMISSIONERS None. G. REPORTS — CITY ATTORNEY None. ADJOURNMENT — the meeting adjourned at 7:01 pm. The next meeting is scheduled for March 27, 2025, at 5:30 pm. �, ej C(/C— MichaerAllen,-AtL/I Community Development Director Kevin aggay, PI ni Commission Chair M +V40 -TING A V / ce c44 P 0 Page 36 of 45 S�cv�4Planning Division March 17, 2025 Kristian Krieger 204 Main Street El Segundo, CA 90245 Subject: Environmental Assessment No. EA-1166 and Administrative Use Permit No. AUP 16-11 Revision B Address: 200 — 204 Main Street, El Segudo, CA 90245 Dear Kristian Krieger: On March 13, 2025 the Planning Commission received and filed the Community Development Director's approval with modified Conditions of Approval to the above referenced project, allowing the on -site consumption at a new outdoor accessory area comprised of a 120 square -foot outdoor axe throwing cage located along the rear northeast corner of the lot located at 200 — 204 Main Street. The approval is subject to the modified conditions in the attached Exhibit "A". The decision is final unless you or another interested party appeals the decision to the City Council in writing with a filing fee of $6,499.00 (additional fees applicable) within ten calendar days of the Commission's decision by March 23, 2025. Should no appeal be filed, the Planning Commission decision will be valid from the March 13, 2025, approval date. If you have any questions regarding this matter, or need additional information, please feel free to call me at (310) 524-2342 or via email at ifariasCcDelsequndo.orq. Sincerely, A�i ?Vvtl*,Ll ail ) Jazmin Farias Assistant Planner cc: Eduardo Schonborn, AICP, Planning Manager P:\Planning & Building Safety\0 Plan ning\Projects\1151-1175\EA-1166 Revision B - Brewport AUP Amendment Page 37 of 45 Exhibit A CONDITIONS OF APPROVAL The Director of Community Development Department approved the proposed Revision B to the layout/floor plan, including the outdoor axe throwing cage, per the plans submitted to the City on January 7, 2025. In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), Kristian Krieger representing Brewport Tap House ("Applicant") and any successor -in -interest agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Administrative Use Permit No. AUP 16-11 Revision B ("Project Conditions"): Planning 1. This approval authorizes the restaurant located at 200 — 204 Main Street (Brewport Tap House) to operate under a State of California Department of Alcoholic Beverage Control Type 47 (On -Sale General, Eating Place) license. 2. The restaurant dining and alcohol service hours are limited to Monday through Thursday, 11:00 A.M. to 12:00 A.M.; Friday, 11:00 A.M. to 1:00 A.M.; Saturday, 9:00 A.M. to 1:00 A.M.; and Sunday 9:00 A.M. to 12:00 A.M. 1. The rear outdoor accessory (axe throwing cage) area hours are limited to Monday — Sunday 11:00 A.M. to 8 P.M. 2. Food must be available for the indoor 1,943 square foot dining area, the 100 square foot outdoor dining area along the front of the restaurant and the 376 square foot outdoor dining area in the rear area abutting the restaurant building during the hours listed above. Any change to the hours is subject to review and approval by the Community Development Director. 3. Food service, dining tables, and seating shall not be available in the rear 120 square -foot outdoor accessory (axe throwing cage) area or the area between the axe throwing cage and the restaurant. 4. The applicant shall install signage at the axe throwing location advising customers to be "good neighbors" to the residents in the area by keeping their voice, screams, yells down. Wording and location installation is subject to review and approval by the Community Development Director withing 30 days of the AUP approval (completion by April 13, 2025). 5. In accordance with the plans submitted on May 2, 2019 and approved by the CDD on July 12, 2019, the restaurant shall consist of the one existing building, one rear outdoor existing dining area, one outdoor existing dining area at the front of the building (in the public right of way), and one new outdoor accessory area described as follows- 2 Page 38 of 45 • Building 1: A 5,088 square -foot single story building located on 200-204 Main Street. Building 1 includes a 1,943 square -foot dining area and a 2,120 square -foot comprised of a kitchen, storage, and merchandise area. • Front outdoor dining area: A 100 square -foot outdoor dining area encroaching 30-inches into the public -right-of-way located along the front of the building. • Rear outdoor dining area: A 376 square -foot covered outdoor dining area located on the northeast rear side of the building. • Rear outdoor accessory area: A 120 square -foot rear outdoor accessory area comprised of an axe throwing cage. Outdoor rear storage (shed) area: A detached 120 square -foot accessory storage shed located on the northeast rear side of the lot. Any subsequent modification to the approved project (including the approved floor plan, outdoor dining area(s), areas where alcohol will be served and consumed) shall be referred to the Community Development Director for approval or a determination regarding the need for Planning Commission review of the proposed modification. 6. Any subsequent modification to the approved project (including the approved floor plan, outdoor dining area(s), areas where alcohol will be served and consumed) shall be to the Community Development Director for approval or a determination regarding the need for Planning Commission review of the proposed modification. 7. The Community Development Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be caused to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 8. A maximum encroachment of 30-inches into the public right-of-way is allowed. The front outdoor patio must comply with this requirement. 9. No entertainment or dancing is permitted without prior approval pursuant to Title 4, Chapter 8 of the ESMC. 10. The restaurant operations including any entertainment must comply with ESMC §§7-2 regulating noise and vibration. No amplified sound is permitted in the outdoor dining areas and in the rear accessory area. 11. The applicant must maintain a sound/screen wall at the rear outdoor patio. The screen wall must continue to incorporate clear glass, plexi-glass, or other solid material to off -set any potential noise impacts to the residential uses resulting from the use of the patio to the satisfaction of the Community Development Director. 3 Page 39 of 45 12. The applicant must install '/2" acoustic sound absorbing cement board throughout the entire back of the axe throwing cage located in the rear outdoor accessory area. The sides of the axe throwing cage extending 4-feet from the target are and the roof must also be closed and sound insulated with acoustic sound absorbing cement boards to absorb sound and to off -set any potential noise impacts to the residential uses resulting from the use of the accessory outdoor area to the satisfaction of the Community Development Director. 13. The applicant must install and cover the back of the axe throwing cage with loose hanging 1/4" rubber matting to soften any axes that miss the target to off -set any potential noise impacts to the residential uses resulting from the use of the accessory outdoor area to the satisfaction of the Community Development Director. 14. The applicant must install and cover the sides of the axe throwing cage with loose hanging W rubber matting to soften any axes that hit the sides to off -set any potential noise impacts to the residential uses resulting from the use of the accessory outdoor area to the satisfaction of the Community Development Director. 15. The applicant must install end -gran targets (soft -fiber wood) for the axe throwing cage to absorb sound and off -set any potential noise impacts to the residential uses resulting from the use of the accessory outdoor area to the satisfaction of the Community Development Director. 16.Axes must be reduced to 1.51b axes to off -set any potential noise impacts to the residential uses resulting from the use of the accessory outdoor area to the satisfaction of the Community Development Director. 17. If complaints are received regarding excessive noise, parking availability, lighting, building access, or other nuisances associated with the sale of beer, wine, and distilled spirits the City may, in its discretion, take action to review the Administrative Use Permit and add conditions or revoke the permit. 18. Staff shall report back to the Planning Commission in 3 months from the date of the AUP approval to provide an update on the operation of the facility and their adherence to the Conditions of Approval. 19. Staff shall conduct unannounced noise readings during times when the axe throwing activity is being conducted to obtain noise levels produced during the use of the area by customers while conducting axe throwing activity. 20. Staff shall attempt to conduct on -site noise readings from the surrounding residential properties (if permitted entry by the tenants/property owners) during times when the axe throwing activity is being conducted to obtain noise levels produced during the use of the area by customers while conducting axe throwing activity. 4 Page 40 of 45 21. There shall be no exterior advertising of any kind or type indicating the availability of specific alcoholic beverage products. 22. The applicant shall obtain and maintain all licenses and comply with all regulations of the Alcoholic Beverage Control (ABC) Act (Business & Professions Code Section 23300) and the regulations promulgated by the Board, including the regulations set forth in 4 Cal. Code of Regs. §§55, et seq. 23. The applicant shall obtain the necessary approvals from the State of California Department of Alcoholic Beverage Control (ABC) for the expansion of the service area of beer, wine, and distilled spirits for onsite consumption. If the Applicant does not receive such approval by March 13, 2026 the City's approval will be null. 24.All employees serving beer and wine to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverage Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 25. The licensee must have readily identified personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people. 26. The applicant must pay the parking in -lieu fee for three parking spaces noted before the City issues a Certificate of Occupancy, pursuant to Ordinance No. 1429 and City Counsil Resolution. 27. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. EA-1166 Revision B or Administrative Use Permit No. AUP 16-11 Revision B. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. EA-1166 Revision B or Administrative Use Permit No. AUP 16-11 Revision B, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section, "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. 28. Kristian Krieger representing Brewport Tap House shall acknowledge receipt and acceptance of the project conditions by executing the acknowledgement below. Building and Safety 29. The restaurant shall not be occupied by more persons than allowed by the California Building Code, as adopted by the El Segundo Municipal Code (ESMC). 5 Page 41 of 45 30. The restaurant and the associated outdoor seating shall comply with the California Building and Fire Code requirements, as adopted by the ESMC. 31. No tables, chairs, umbrellas, etc., for outdoor dinning may be placed in areas required for ingress and egress as required by the latest adopted California Building Code. Fire 32. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively. 33. The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the El Segundo Fire Department Municipal Code shall apply at the time any architectural plans are submitted for construction permits. 34. Fire department access to the building and paths of egress shall be maintained clear at all times. Police 35.The following type of live entertainment is prohibited: topless entertainment, adult oriented fashion shows, and other entertainment as regulated by the El Segundo Municipal Code. 36. Licensee(s) shall not require an admission charge or a cover charge for general admittance. There shall be no requirement to purchase a minimum number of drinks. 37. Persons who appear obviously intoxicated shall not be admitted into the licensed premises. 38.Aisles and hallways shall be kept clear in order to allow patrons to move freely about the licensed premises. 39. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall, at all times, maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to Alcohol Beverage Control on demand. 40. No booth or group seating shall be installed which completely prohibits observation of the occupants. 41. The restaurant operator shall retain full control of all events with the subject premises. No premises maybe sublet to an independent promoter for any purpose. I Page 42 of 45 42.All patrons who appear under the age of 30 shall not be served or allowed to consume alcoholic beverage unless they provide proof of age by providing one of the following forms of identification: • Valid driver's license. • Valid State identification card. • Valid passport. • Current military identification. • U.S. Government immigrant identification card. A sign indicating this policy shall be prominently posted in a place that is clearly visible to patrons. All forms of out-of-state identification shall be checked by the authorized representative of the owner of the licensed premises in the Driver's License Guide. Upon presentment to the authorized representative of the owner of the licensed premises, the patron's form of identification shall be removed from the patron's wallet or any plastic holder and inspected for any alterations through a close visual inspection and/or use of a flashlight or "Retro-reflective viewer" or other electronic device as approved by the Police Department. 43. Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 44. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free," "Two for the price of one," "All you can drink for ... ," or similar language. Condition added by the 45. The licensee(s) or an employee of the licensee(s) will be always present in any patio and outdoor accessory area when alcoholic beverages are being served or consumed. An alternative is to have at least two (2) cameras monitoring the patio/outdoor accessory area and should be capable of distinguishing unauthorized persons in the patio and accessory area including underage persons consuming alcohol or alcohol being removed from the premises via the patio and accessory area. Monitoring of the cameras shall be in an active area where employees are always present and can easily view these cameras. Cameras must be approved by the Police Department. 46. There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 47. When serving pitchers exceeding 25 ounces of an alcoholic beverage, all patrons receiving such pitcher, as well as all patrons who will be consuming all or any portion of such pitcher, shall present an ID to the server if they appear to be under the age of 30, if not previously checked at the entrance to the licensed premises. Page 43 of 45 48. Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic beverage shall not be sold to a single patron for their sole consumption. 49. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 50. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 51. A file containing the names and dates of employment of every person who serves alcoholic beverages for consumption by patrons on the licensed premises and every manager, which file shall also include a copy of each person's certificate of completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on Alcohol and Drugs). Upon request, said file shall be made available for review to representative of the Police Department. New employees will have 60 days from date of employment to obtain L.E.A.D. certification, or a police department approved alternative training course meeting the objectives of L.E.A.D. training. 52. There shall be a Designated Driver Program, that provides an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of patrons. 53. There shall be a taxi or ride sharing ride program where the establishment will offer to call a ride for patrons when it seems appropriate. 54. Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits to/from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting such as special locking devices or staff at the doors. 55.Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 56.An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 8 Page 44 of 45 57. The Chief of Police may require State of California licensed security guards to perform crowd control inside and outside of the establishment. The number of security guards and hours security shall be present shall be as determined by the Chief of Police and based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. • Security personnel required by the administrative use permit issued for the licensed premises shall be in a uniform or clothing which readily identifies them as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. • Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written security policy and procedures by reviewing them and signing they have read and understood them. The signed acknowledgement shall be kept in a file relating to the security manual. • Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current city business license. 58. The business owner shall install and maintain a closed-circuit television system capable of readily identifying facial features, and stature of all patrons entering the establishment. Cameras are to be color and record, including keeping a minimum 30-day library of events, which shall be available for downloading and inspection by the Police Department. 59.The owner or manager of the licensed premises shall notify the Chief of Police at least three (3) days in advance of a special promotion or special event scheduled at the licensed premises. 60.If an outside promoter is utilized for providing entertainment after midnight, the Chief of Police shall be notified at least three (3) days in advance of the promoter's name and proposed entertainment. 61. Lines to enter the establishment shall not encroach into any parking or driveway areas and are to be maintained in an orderly fashion. Persons are to not to loiter about the exterior of the facility. These Conditions are binding upon Kristian Krieger representing Brewport Tap House, and all successors and assigns to the property at 200 — 204 Main Street, El Segundo, CA 90245 until superseded by another approval letter or rescinded. Kristian Krieger, Ap licant 9 Page 45 of 45