2010 Mar 02 - CC PACKET AGENDA
• EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, 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 City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City-related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, 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 City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 2, 2010 — 5:00 P.M.
Next Resolution # 4645
Next Ordinance # 1441
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
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 City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of$250.
1
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, Lt seq.) for the purposes of
conferring with the City's Real Property Negotiator; andlor conferring with the City
Attorney on potential andlor existing litigation; andlor discussing matters covered under
Government Code Section §54957 (Personnel); andlor conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -2- matter
1. City of El Segundo vs. City of Los Angeles, et. Al. LASC Case No. BS094279
2. Coleman v. City of El Segundo, LASC Case No. YCO57685
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -11-
matters
1. Represented Group: Police Support Services Employees Association (PSSEA),
City Employees Association (CEA), Firefighters Association (FFA), Police
Managers Association (PMA), Police Officers Association (POA), Supervisory
and Professional Employees (S&P)
Negotiators: Jack Wayt, Bob Hyland and Rich Kreisler
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code §54956.8): -0-
matters
SPECIAL MATTERS: - 0- matter
2
AGENDA
._ . EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, 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 City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City-related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, 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 City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 2, 2010 - 7:00 P.M.
Next Resolution # 4645
Next Ordinance # 1441
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Brandon Cash, Oceanside Christian Fellowship
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
3
PRESENTATIONS
a. Proclamation announcing March 6, 2010 as California Arbor Day.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to Citv Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of$50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council, 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 Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation —Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 2576016 to 2576217 on Register No. 10 in the total
amount of $1,014,514.78 and Wire Transfers from 2/05/10 through 2/18/10
in the total amount of$2,379,663.18.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early
due to contracts or agreement; emergency disbursements and/or adjustments;
and wire transfers.
4
2. Consideration and possible action regarding acceptance of the project for
rehabilitating of Sycamore Park Playground (southeast corner of Sycamore
Avenue and California Street) Approved Capital Improvement Project.
Project No. PW 09-07 (Fiscal Impact: $105,958)
Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk
to file a Notice of Completion in the County Recorder's Office; (3) Alternatively,
discuss and take other action related to this item.
3. Consideration and possible action regarding a new Alcoholic Beverage
Control (ABC) license for on-site sale and consumption of alcohol (Type 41
Alcoholic Beverage Control License) at the California Fish Grill located at
730 Allied Way, Suite H. (Fiscal Impact: NIA)
Recommendation — (1) Receive and file this report without objecting to a new
Type 41 ABC license at 730 Allied Way, Suite H; (2) Alternatively, discuss and
take other possible action related to this item.
4. Consideration and possible action regarding a new Alcoholic Beverage
Control (ABC) license for on-site sale and consumption of alcohol (Type 41
Alcoholic Beverage Control License) at the Malibu Fish Grill located at 400
North Sepulveda Boulevard, Suite B (Fiscal Impact: NIA)
Recommendation — (1) Receive and file this report without objecting to a new
Type 41 ABC license at 400 North Sepulveda Boulevard, Suite B; (2)
Alternatively, discuss and take other possible action related to this item.
5. Consideration and possible action regarding an offer from EI Segundo
Kiwanis Club to host and operate a "Beer Garden" at the annual Hometown
Fair event and waive ESMC section 10-1-41) on Saturday, May 1, 2010 at
Library Park from 12 noon to 4:00 p.m. (Fiscal Impact: None)
Recommendation — (1) Approve the offer to host and operate a "Beer Garden"
from EI Segundo Kiwanis Club at the 2010 Hometown Fair at Library Park on
May 1st; (2) Alternatively, discuss and take other possible action related to this
item.
5
6. Receive and file report on recently accepted donation from EI Segundo
AYSO - Region 92 in the amount of$2,974 for the purchase of one new set
of soccer goals for the Campus EI Segundo Athletic Fields. (Fiscal Impact:
None)
Recommendation - (1) Receive and file report on the accepted donation from
AYSO - Region 92 in the amount of $2,974 for the purchase of soccer goals for
the Campus EI Segundo Athletic Fields; (2) Alternatively, discuss and take other
possible action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS - CITY MANAGER
H. REPORTS - CITY ATTORNEY
I. REPORTS - CITY CLERK
J. REPORTS - CITY TREASURER
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Brann -
Council Member Fisher-
Council Member Jacobson -
6
Mayor Pro Tern Busch —
Mayor McDowell —
PUBLIC COMMUNICATIONS — (Related to Citv Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of$50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. 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 Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, 9t seg.) for the purposes of conferring with the City's Real Property
Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE:
TIME: 6,Q
NAME:
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City of (ft 6egunbo, California
WHEREAS. Arbor Day was founded by J. Sterling Morton and first celebrated in the United States
in 1872 as a special day for the planting of trees. In the State of California,Arbor Day
has been observed since 1911 to enhance appreciation and knowledge of the State's
natural wonders; and
WHEREAS, El Segundo Arbor Day celebrations have been presented annually since 1988 by local
youth of TREE MUSKETEERS,and as a result of our City's commitment to its community
forest, El Segundo has been named a Tree City USA since 2043; and
WHEREAS, Arbor Day is a time to recognize the value of our community's trees that clean the air,
reduce noise, absorb smells, produce life sustaining oxygen, prevent erosion, help
conserve energy and water, increase property values, enhance the economic vitality of
business areas, beautify our community, and wherever trees are planted, they are a
source of joy and spiritual renewal that bring people together as neighbors; and
WHEREAS, TREE MUSKETEERS in partnership with the City of El Segundo, its conscientious
business citizens, service clubs and residents tall or small will plant trees along
Washington Street on March 6, 2010 at 9:30 a.m. in observance of California Arbor
Day; and
WHEREAS, This Arbor Day project further signifies the City of El Segundo's commitment to the
environment and the fight against global warming.
NOW,THEREFORE,the Mayor and members of the City Council of the City of El Segundo,California,
join with communities across the State of California in proclaiming March 6,2010 as California Arbor
Dayand invite all citizens to participate with TREE MUSKETEERS or to otherwise honor all trees and the
young people of our community for the important roles they play in improving our hometown quality of
life.
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
2/05/10 THROUGH 2/18/10
Date Payee Amount Description
2/4/2010 Employment Development 66,606.38 State Taxes
2/4/2010 IRS 255,529.59 Federal Taxes
2/5/2010 State of CA EFT 1,276.15 EFT Child support payment
2/5/2010 Nationwide EFT 34,833.33 EFT 457 payment
2/5/2010 Cal Pers 413,737.00 Health payment
2/5/2010 UB 4,385.83 PARS payment
2/5/2010 Manufac#urers &Traders 32,256.86 457 payment Vantagepoint
2/8/2010 Federal Reserve Bank 50.00 Employee Savings Bonds
2/8/2010 Federal Reserve Bank 300.00 Employee Savings Bonds
2/10/2010 Cal Pers 93,205.00 Retirement
2/10/2010 West Basin 1,407,487.90 H2O payment
2/10/2010 Lane Donovan Golf Ptr 17,924.67 Payroll Transfer
2/12/2010 Health*Somp 3,418.91 Weekly claims
2/18/2010 UB 4,389.83 PARS payment
2/5-2/18/10 Workers Comp Activity 44,261.73 SCRMA checks issued
2,379,663.18
DATE OF RATIFICATION: 3/02/10
TOTAL PAYMENTS BY WIRE: 2,379,663.18
Certified as to the accuracy o�f�the
�wire transfers by:
Deputy City Tresurer Date
b2&�� z/u/i a
Director o i a e Date
City M ager ' Date'
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
P:\City Treasurer\Wire Transfers\2010\wire 2010 1 st Qtr\Wire Transfers 2-18.xls
�•�L V
EL SEGUNDO CITY COUNCIL MEETING DATE: March 2, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of the project for rehabilitating of
Sycamore Park Playground (southeast comer of Sycamore Avenue and California Street)
Approved Capital Improvement Project. Project No. PW 09-07
(Fiscal Impact: $105,958.00)
RECOMMENDED COUNCIL ACTION:
1. Accept the work as complete
2. Authorize the City Clerk to file a Notice of Completion in the County Recorder's
Office
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $105,958.00
Additional Appropriation: No
Account Number(s): 301-400-8202-8978
ORIGINATED BY: Maryarn M. Jonas, Principal Engineer 1Z
REVIEWED BY: Stephanie Katsouleas, Public Works Director &—
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On August 4, 2009, the City Council awarded a contract to International Pavement Solutions,
Inc. in the amount of$106,006.00 for the rehabilitation of Sycamore Park Playground. The final
contract amount of $105,598.00 represents actual measured quantities at the completion of the
job. The work included replacement of an existing swing set, replacement of an existing concrete
pad and picnic tables, installation of a poured-in-place rubber surfacing, and installation of an
ADA accessible ramp from the adjacent sidewalk into the park.
All work has now been completed to the satisfaction of the City and staff recommends
acceptance of the project. The funding for this project was provided as follow:
2000 Roberti-Z'Berg-Harris (RZH) Bond Act $ 49,061.00
2002 Roberti-ZBerg-Harris (RZH) Bond Act $ 44,680.00
Approved FY 2008-2009 budget(Matching fund) $ 12.217.00
Fund Total $105,598.00
2
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Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
360 Main Street
EUSegundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Rahobi|bmUonofSycamore Park Playground
Project No. : PVVO9-O7
Notice is hereby given pursuant to State of California Civil Code Section 3093 et soqthad:
1. The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
Z The full name ofthe owner is: City ofE| Segundo
3. The full address ofthe owner is: City Hall, 35OMain Street, BSegundo, CA, SO245
4. The nature ofthe interest ofthe owner is: Public Park
5. Awork oyimprovement onthe property hereinafter described was field reviewed bvthe
City Engineer onFebruary 3. 2O1O. The work done was: Rehabilitation ofPublic Park
6. On March 2, 2010, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office ofthe County Recorder.
7. The name ofthe Contractor for such work ofimprovement was: International
Pavement Solutions, Inc.
8. The property onwhich said work ofimprovement was completed in /nthe City of El
Segundo, County of Los Angeles, State of California, and is described as follows: Public
Park.
9. The street address ofsaid property is: Southeast corner ofSycamore Avenue and
California Street.
Dated:
Stephanie Kabnoukeas
Public Works Director
VERIFICATION
| the Engineer of the City El Segundo, the
declarant orthe foregoing Notice cf Completion; | have read said Notice ofCompletion and know the
contents thereof; the same istrue ofnnyown knowledge.
| declare under penalty ofperjury the foregoing intrue and correct.
Executed on . 2O1OmtBSegundo, California.
GbephonieKabuou|eoa
Public Works Director
Notice of CompKet|onuUqNO9-V7
u4 4.
EL SEGUNDO CITY COUNCIL MEETING DATE: March 2, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for on-site sale and consumption of alcohol (Type 41 Alcoholic Beverage Control License) at the
California Fish Grill located at 730 Allied Way, Suite H (Fiscal Impact: N/A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to a new Type 41 ABC license at 730 Allied
Way, Suite H; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
I. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report dated February 11, 2010
4. Approval Letter to Applicant dated February 1, 2010
5. Correspondence received from the public
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planningwilding Safety Director
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at restaurants, California regulations require a 30-day review and comment period
after notifying local police and planning departments. The grounds of a protest, if any, should
relate to public health, safety or welfare concerns. Based upon previous Council direction, staff
is providing background information regarding this application.
J,
II. Analvsis
According to the most recent Crime and Arrest statistics report (July 2009 — December 2009,
Exhibit 1) prepared by the Police Department, the proposed restaurant is located in Reporting
District (RD) 318. Based on 2009 reported data prepared by the Police Department, the district
had a total of 39 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny-theft, motor vehicle theft and arson), and 44 Part 11 crimes. The Reporting
District is considered a high crime area with a total of 83 crimes reported between July and
December 2009. However, the Police Department and the Planning and Building Safety
Department do not object to a new ABC license for the proposed restaurant.
This license request will allow the sale of beer and wine in conjunction with the operations of a
restaurant. A request for a new license is required, since no previous alcohol license existed at
the proposed location. The applicant's proposed hours for alcohol sales will be the same as the
hours the restaurant is open. The restaurant's hours of operation are limited to: 11:00 a.m. to
11:00 p.m. on Monday through Sunday.
On February 1, 2010, the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA No. 854, AUP No. 09-10) for 730 Allied Way, Suite H. The
Director's decision was forwarded to the Planning Commission on February 11, 2010. On
February 11, 2010, the Planning Commission chose to Receive and File the item with the
conditions of approval.
ABC license review requires mandatory findings that are regulated by the Department of
Alcoholic Beverage Control. The City's AUP process is separate. The Department of Alcoholic
Beverage Control (ABC) is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before issuing any type of alcohol
license,
111. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to a
new Type 41 ABC license at 730 Allied Way, Suite H.
PAPlanning&Building Safety\O Planning-Old\PROJECTS(Planning)\851-875TA 854\EA-854 AUP 09-10 CC SR,doc
EL SEGUNDO POLICE DEPARTMENT
REPORTED PERIOD: 3ULY- DECEMBER, 2009
PART I AND PART II CRIMES STATISTICAL REPORT
HIGH CRIME AREA BY REPORTING DISTRICT
REPORTING PART I CRIMES PART II CRIMES TOTAL
DISTRICT
103 4 9 13
105 10 12 22
010 106 3 6 9
9 1 10 11
110 5 1 10 15
111 2 7 9
114 0 7 7
1 115 5 8 13
116 0 10 10
202 10 10 20
204 1 1 2
211 7 12 19
212 i 3 ( 17 20 j
j 301 ( 12 7 1 193026 6 12
j
303 ( 2 4 j 6 1
304 1 5 ( 6
1 305 I 5 1 6 11 j
j 306 I 2 1 2 4 j
307 2 4 6
309 8 5 13
j 310 1 0 0 j 0
311 j 4 8 I 12
1 312 i 3 3 I, 6
j 3130 ( 9 I 9
j 314 1 1 1 1 2
j 315 I 2 4 I 6
j 316 I 5 2 I 7
317 4 7 11
320 1 4 1 5
I 321 I 1 1 2 j
322 ( 3 1 I 4
i 323 I 1 1 2
TOTALS 1_ 405 I 665 1,070
Number of Reporting Districts = 51
Total Part I Crimes and Part II Crimes = 1,070
City Avera a for all Reporting Districts (1,070 51 = 21
Records/eg Page 1 2/17/2010 '
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: February 11, 2010
SUBJECT: Environmental Assessment No. EA-854,
Administrative Use Permit No. 09-10, and
Off-Site Parking Covenant MISC 10-01
APPLICANT: California Fish Grill, Inc
Victor Topete
PROPERTY OWNER: PES Partners, LLC
REQUEST: A Request for an Administrative Use Permitto allow
the sale of beer and wine are sold for on-site
consumption (Type 41 Alcoholic Beverage Control
License) at a new restaurant (California Fish Grill)
and patio,and to allow an Off-Site Parking Covenant
for the use of parking spaces on a neighboring
parcel
PROPERTY INVOLVED: 730 Allied Way, Suite H
I. DESCRIPTION
The Planning and Building Safety Department received the above referenced
application for a modification to an Administrative Use Permit (AUP) to allow the
sale of beer and wine for on-site consumption at a new restaurant (California Fish
Grill)and outdoor patio. The business is located at the eastern edge of the Plaza EI
Segundo shopping center at 734 Allied Way, Suite H in the Commercial Center(C-
4) Zone. The application also includes a request for an Off-Site Parking Covenant
to allow businesses on the subject parcel (including California Fish Grill) to use
parking spaces on a neighboring parcel to meet the minimum parking requirements
of the EI Segundo Municipal Code (SSMC). The original development was
approved on March 15, 2005. A certified Final Environmental Impact Report(EIR)
was required and approved for the development of the shopping center.
The AUP is required for the restaurant in accordance with ESMC § 15-5G-4(B),
because there was no previous business with a license at the location. Restaurants
and outdoor dining areas are permitted uses in accordance with the Commercial
Center (C-4) Zone and Section 4.1.5 of the Development Agreement for the Plaza
EI Segundo project.
The following chart describes the proposed dining and seating areas as revised:
J �y'i t �•''r R Sf wr,Y L.k
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{' '#^t'°..�1Iui9: •i
SDk. ;C,L$.a y-,tL=' :'y, Yi"q j'r:Y{ ':ft..Y..:HS S .k ,: w4q¢"a•Ie^t'.•T.
: P PO' ROPOSED S��,1/UARiE FOOTAG
^`;gNUMBw„O
'rw,.' ;;a ' : ,.{'';;}' `- qtr:` `''•t,3:; ', r °W::;�:ji',a.'::,c,,,
Indoor Dining 2,668 SF 75 seats
Outdoor Patio 696 SF 50 seats
Total 3,364 SF 125 seats
The following chart is the parking analysis for the proposed uses:
%""F OTAGE' R 4U�* ED RE( U. PAF K�IV��$,PACES:
RE3 lA' RANT ;z� �?„ � r
k „ PARKING RAT10 ;..
Indoor Dining Net 2,668 net SF — 1 Space/75 SF 35.57 Parking Spaces
Area
Outdoor Patio 696 net SF— 1 Space/75 SF 9.28 Parking Spaces
(north)
Total 3,364 net SF 44.85 Parking Spaces
(Note: Pursuant to ESMC§15-15-2.G,fractional spaces are rounded to the nearest whole number.
A parking covenant for 36 parking spaces will be recorded before the final
occupancy permit is issued transferring parking rights from Parcel No. 6 to Parcel
No. 9 (VTM 61630) to accommodate the required parking necessary for the
restaurant and subject property. Parcel 6 is occupied by a 65,000 square-foot
grocery store (Wholefoods) with indoor and outdoor seating. The parking area on
Parcel 6 contains 383 parking spaces (148 spaces in excess of the minimum
requirement).
The restaurant dining hours of operation are limited from 11:00 a.m. to 11:00 p.m.
2
Monday through Sunday. The outdoor patio would be open the same hours as the
restaurant. Any change to the hours of operation is subject to review and approval
by the Director of Planning and Building Safety.
Planning staff reviewed the application and the Director made the necessary
findings to grant an Administrative Use Permit. The attached letter (Exhibit A)
specifies all of the required findings for the permit.
II. Inter-Departmental Comments
The project applications and plans were circulated to the Police Department and
Building Division for review. The Police Department had no comments. The
Building Division's comments are attached (See Exhibit B).
111. RECOMMENDATION
Planning staff recommends that the Planning Commission receive and file
Administrative Use Permit 09-10 and approve an off-site parking covenant for 36
parking spaces (Off-Site Parking Covenant MISC 10-01), with conditions.
IV. EXHIBITS
A. Administrative Use Permit Approval Letter, dated February 1, 2010
B. Applications
C. Inter-Departmental Comments
D. Plans
Prepared by: Paul Samaras, Principal Planner
Kimberly Chri ensen, AICP, Planning Manager
Department of lanning & Building Safety
Greg rpent6r, Director
Deipm,ent of Planning & Building Safety
P:\Planning&Building Safety\O Planning-0IMPROJECTS(Planning)\851-875\EA 854\EA-854 PC-SR.doc
3
o
Planning & Building Safety Department
Elected Officials:
February 1, 2010
Kelly McDowell,
Mayor
Eric K.Busch,
Mayor Pro Tem Victor Topete
Carl Jacobson, r
Council Memb1015 East Chapman Avenue, Suite A
e
Billcouncil Member Fullerton, CA 92831
Don Brenn,
Council Member
Cindy Mortesen,
City Clerk
Ra/phtyTreasurer City TRE: Environmental Assessment No. EA-854 and
Administrative Use Permit (AUP) No. 09-10
On-Site Sale and Consumption of Beer and Wine (Type 41
Appointed Officials` State of California Alcoholic Beverage Control License) in
JackWayr,
City Manager Conjunction with the Operation of a Restaurant (California
Mark D.Hensley, Fish Grill)
City Attorney
Address: 730-H Allied Way (The Edge at Plaza EI Segundo)
Department Directors:
Bill Crowe, Dear Mr. Topete:
Assistant City Manager
Deborah Cullen,
Finance
Robert Hyland,Resources In accordance with EI Segundo Municipal Code (ESMC) Chapterter 15-22,
Kevin Smith,Fire Chief the Planning Division reviewed your application for the above-referenced
Debra Brighton, project and the Director of Planning and Building Safety APPROVED
Library Services
Greg Carpenter, Environmental Assessment No. EA-854 and Administrative Use Permit
Planning and Building
Safety No. 09-10 for the on-site sale and on-site consumption of beer and wine at
David Cummings,
Police
Chie/ 730-H Allied Way. The Director did not identify a reason to oppose a Type
Dana Greenwood,
Public Works 41 license issued by the Alcoholic Beverage Control Department for
Robert Cummings,
Recreation BParks expanding the existing restaurant located at 730 Allied Way, Suite H. This
decision incorporates the approval in Environmental Assessment No. EA-
854 and Administrative Use Permit No. 09-10 by reference. The following
are the findings and facts in support of each finding for this decision:
www.elsegundo.org
350 Main Street, El Segundo, California 90245-3813
Phone(310) 524-2380 FAX(310)322-4167
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:,
Environmental Assessment No. EA-854
Findina 1
• The proposed 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) and § 15303 as
a Class 3 (New Construction of Small Structures).
Facts in Support of Finding 1
1. The applicant is requesting an alcohol license for the on-site sale and
consumption of beer and wine at a new restaurant located within the Edge at the
Plaza EI Segundo development. The restaurant is proposed in a vacant
commercial space within an existing building roughly 15,000 square feet in area.
The restaurant itself is approximately 2,668 square feet with a 696 square-foot
outdoor dining patio, which is bounded by three-foot, three-inch tall wrought iron
fencing around its perimeter. The commercial space will be improved to
accommodate the restaurant use and a new fence will be constructed to enclose
the outdoor dining area. The property is in an urbanized and developed area
where it has adequate access and all public services and facilities are available.
Therefore, the project is not anticipated to have any significant impacts with
regard to traffic, noise, air quality or water quality.
Administrative Use Permit 09-10
Findina 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
1. The applicant proposes to provide alcohol service at a new restaurant. The
restaurant is located in a portion of the Plaza El Segundo shopping center (The
Edge) at 730-H Allied Way in the Commercial Center (C-4) Zone. This portion of
Plaza EI Segundo is occupied primarily by small retail shops and restaurants with
outdoor dining areas. The proposed restaurant is 2,668 net square feet in area
and the outdoor dining area is 696 square feet. The indoor area contains 75
seats and the patio has 50 seats for a total of 125 seats. The minimum number
of required parking spaces for the restaurant including the proposed patio is 45
2
parking stalls which will be provided on-site and on an adjacent parcel (9 parking
spaces on site and 36 parking spaces on the adjacent parcel).
2. The proposed restaurant will be compatible with, and is intended to support the
surrounding land uses which include commercial, retail, restaurant, and a fitness
facility.
3. The General Plan Land Use designation for the site is Commercial Center. The
zoning for the site is Commercial Center (C-4). Restaurants and outdoor dining
areas are permitted uses in the Commercial Center (C-4) Zone in accordance
with El Segundo Municipal Code ESMC Chapter 15-5G and on-site sale and
consumption of alcohol is permitted with the approval of an Administrative Use
Permit in accordance with ESMC § 15-5G-4(B).
4. The Commercial Center (C-4) Zone permits, and the surrounding land uses
include: fitness centers, general offices, pet supplies and services, restaurants
and cafes, and retail sales uses. The subject restaurant and outdoor dining area
will be similar and compatible with the surrounding uses.
5. The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on-site sale and consumption of alcohol (Type 41).
6. On February 11, 2010 the EI Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Findina 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
1. The General Plan Land Use designation for the site is Commercial Center.
2. The zoning for the site is Commercial Center (C-4). Restaurants and outdoor
dining patios are permitted uses in this Zoning District in accordance with ESMC.
The proposed use, on-site sale and consumption of beer and wine at a new
restaurant and outdoor patio, requires an Administrative Use Permit in
accordance with ESMC §15-5G-4(B).
3. The purpose of the Commercial Center (C-4) Zone is to provide for developing
commercial establishments (retail and services) serving the City and surrounding
area. The proposed use is consistent with this purpose of the zone in that
restaurant and outdoor dining uses are permitted in the Commercial Center (C-4)
Zone.
3 L.. �.
4. The proposed use is consistent with the Land Use Element in that the
Commercial Center Land Use Category is intended to permit a mixture of
community-serving retail, restaurants and other commercial service uses in an
integrated shopping center design to serve a broad cross section of the City and
surrounding area.
5. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, primarily within a mixed-use environment, without adversely affecting the
viability of Downtown.
6. The proposed use is consistent with Land Use Element Objective LU4-1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
7. The surrounding land uses include: commercial retail, restaurant, and office and
light industrial uses. The proposed restaurant will be compatible with the
surrounding land uses.
Findina 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
1. The restaurant is located inside an existing retail commercial building and no new
construction is proposed as part of the current request for the alcohol license,
with the exception of the railing to enclose the outdoor patio. Sufficient parking
will be provided on-site and on a neighboring parcel in compliance with ESMC
Chapter 15-15.
2. The surrounding land uses include commercial retail, restaurant, a fitness center,
office, and light and heavy industrial uses. The proposed restaurant is a
permitted use within the C-4 Zone.
3. The restaurant dining hours of operation are limited to: Monday through Sunday
from 11:00 a.m. to 11:00 p.m. The patio area would be open the same hours as
the restaurant. The restaurant will be required to meet the noise and vibration
requirements of ESMC § 7-2-1.
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.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant.
2. The hours of operation for alcohol sales are limited to: Monday through Sunday
from 11:00 a.m. to 11:00 p.m. The patio area would be open the same hours as
the restaurant. The restaurant will be required to meet the noise and vibration
requirements of ESMC § 7-2-1.
3. The location of the existing restaurant is in a predominantly commercial/industrial
area that is not adjacent to any residential uses. Therefore, the proposed
expansion will not cause will noise impacts to sensitive uses.
4. In addition to complying with the requirements of the City of EI Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Findina 5
• The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION,
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
1. The restaurant dining hours of operation are limited to: Monday through Sunday
from 11:00 a.m. to 11:00 p.m. The outdoor patio would be open the same hours
as the restaurant. Food service must be available in the indoor dining area and
the outdoor patio during the dining hours. Any change to the hours of operation
5 �'`.1
or the hours that alcohol may be served is subject to review and approval by the
Director of Planning and Building Safety.
2. The seating within the restaurant must be limited to 75 indoor dining seats and
50 outdoor seats. The restaurant will contain a combined total of 125 seats.
3. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
4. Any subsequent changes to the floor plan and areas where alcohol will be served
must be reviewed and approved to the satisfaction of the Director of Planning
and Building Safety Department.
5. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
6. The restaurant operations must comply with ESMC §§ 7-2-1, et seq. regulating
noise and vibration.
7. The Planning and Building Safety 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 cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
8. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
9. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
10. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10") in the bar and restaurant dining areas at eye
level. The sign must be worded in a way that reminds patrons who are
consuming alcohol to designate a non-drinking driver.
11. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
6 L
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
12. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
13. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Long Beach/Lakewood District Office
administered Leadership and Education in Alcohol and Drugs (LEAD)
Program in the form of an ABC-issued certificate; or,
b. Completed an accepted equivalent by the ABC, Long Beach/Lakewood
District-Office to ensure proper distribution of beer, wine and distilled
spirits to adults of legal age. If any prospective employee designated
to sell alcoholic beverages does not currently have such training, then;
c. The ABC-licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled with the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
14. The licensee must have readily identifiable 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 and are cleared of
patrons and their vehicles one-half hour after closing.
15. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant and two outdoor patio
areas, the city may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
16. The outdoor dining/seating areas must comply with ESMC § 15-2-16.
17. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
18. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
19. The applicant must record an Off-Site Parking Covenant in the Office of the Los
Angeles County Recorder to allow the use of 36 parking spaces on a neighboring
parcel. Prior to recordation, the Covenant must be reviewed and approved to the
satisfaction of the Director of Planning and Building Safety and the City Attorney.
20, The Applicant 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 of Environmental Assessment
No. 854 and Administrative Use Permit No. 09-10. 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 EA-854 or AUP
09-10, 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 EI Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its February 11, 2010 meeting with
the recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on March 2, 2010.
Should you have any questions, please contact Paul Samaras, Project Planner, at (310)
524-2312.
Sincerely,
Gre arpe er, Director
De ment of Planning and Building Safety
P:\Planning & Building Safety\0 Planning - Old\PROJECTS (Planning)\851-875\EA 854\EA 854 730-H Allied Way AUP Approval
Letter.doc
8
Planning & Building Safety Department
Elected Officials:
Kelly McDowell, February 1, 2010
Mayor
Eric K.Busch,
Mayor Pro Tem Victor Topete
Carl
Jacobson,
Council Member 1015 East Chapman Avenue, Suite A
Bill Fisher
Coun,cliMember Fullerton, CA 92831
Don Brann,
Council Member
Cindy Mortesen,
City Clerk
Ralph Lanphare,
City Treasurer, RE: Environmental Assessment No. EA-854 and
Administrative Use Permit (AUP) No. 09-10
Appointed Officials: On-Site Sale and Consumption of Beer and Wine (Type 41
Jack Wayt, State of California Alcoholic Beverage Control License) in
City Manager Conjunction with the Operation of a Restaurant (California
Mark D.Hensley,
CityAffornay Fish Grill)
Department Directors: Address: 730-H Allied Way (The Edge at Plaza El Segundo)
Bill Crowe,
Assistant City Manager Dear Mr. Topete:
Deborah Cullen,
Finance
Robert Hyland,
Human Resources In accordance with El Segundo Municipal Code (SSMC) Chapter 15-22,
Kevin Smith,
Fire Chief the Planning Division reviewed your application for the above-referenced
DebLibrary
Library Services project and the Director of Planning and Building Safety APPROVED
Greg Carpenter,
Planning and Building Environmental Assessment No. EA-854 and Administrative Use Permit
Safety
David Cummings, No. 09-10 for the on-site sale and on-site consumption of beer and wine at
Police Chief
Dana Greenwood, 730-H Allied Way. The Director did not identify a reason to oppose a Type
Public Works 41 license issued by the Alcoholic Beverage Control Department for
Robert Cummings,
Recreation&Parks expanding the existing restaurant located at 730 Allied Way, Suite H. This
decision incorporates the approval in Environmental Assessment No. EA-
854 and Administrative Use Permit No. 09-10 by reference. The following
www.elsegundo.org are the findings and facts in support of each finding for this decision:
350 Main Street, El Segundo, California 90245-3813
Phone(310) 524-2380 FAX(310)322-4167
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No. EA-854
Findinq 1
• The proposed 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) and § 15303 as
a Class 3 (New Construction of Small Structures).
Facts in Support of Finding 1
1. The applicant is requesting an alcohol license for the on-site sale and
consumption of beer and wine at a new restaurant located within the Edge at the
Plaza EI Segundo development. The restaurant is proposed in a vacant
commercial space within an existing building roughly 15,000 square feet in area.
The restaurant itself is approximately 2,668 square feet with a 696 square-foot
outdoor dining patio, which is bounded by three-foot, three-inch tall wrought iron
fencing around its perimeter. The commercial space will be improved to
accommodate the restaurant use and a new fence will be constructed to enclose
the outdoor dining area. The property is in an urbanized and developed area
where it has adequate access and all public services and facilities are available.
Therefore, the project is not anticipated to have any significant impacts with
regard to traffic, noise, air quality or water quality.
Administrative Use Permit 09-10
Findinq 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
1. The applicant proposes to provide alcohol service at a new restaurant. The
restaurant is located in a portion of the Plaza EI Segundo shopping center (The
Edge) at 730-H Allied Way in the Commercial Center (C-4) Zone. This portion of
Plaza EI Segundo is occupied primarily by small retail shops and restaurants with
outdoor dining areas. The proposed restaurant is 2,668 net square feet in area
and the outdoor dining area is 696 square feet. The indoor area contains 75
seats and the patio has 50 seats for a total of 125 seats. The minimum number
of required parking spaces for the restaurant including the proposed patio is 45
2 Y_'
parking stalls which will be provided on-site and on an adjacent parcel (9 parking
spaces on site and 36 parking spaces on the adjacent parcel).
2. The proposed restaurant will be compatible with, and is intended to support the
surrounding land uses which include commercial, retail, restaurant, and a fitness
facility.
3. The General Plan Land Use designation for the site is Commercial Center. The
zoning for the site is Commercial Center (C-4). Restaurants and outdoor dining
areas are permitted uses in the Commercial Center (C-4) Zone in accordance
with EI Segundo Municipal Code ESMC Chapter 15-5G and on-site sale and
consumption of alcohol is permitted with the approval of an Administrative Use
Permit in accordance with ESMC § 15-5G-4(B).
4. The Commercial Center (C-4) Zone permits, and the surrounding land uses
include: fitness centers, general offices, pet supplies and services, restaurants
and cafes, and retail sales uses. The subject restaurant and outdoor dining area
will be similar and compatible with the surrounding uses.
5. The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on-site sale and consumption of alcohol (Type 41).
6. On February 11, 2010 the EI Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Findina 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
1. The General Plan Land Use designation for the site is Commercial Center.
2. The zoning for the site is Commercial Center (C-4). Restaurants and outdoor
dining patios are permitted uses in this Zoning District in accordance with ESMC.
The proposed use, on-site sale and consumption of beer and wine at a new
restaurant and outdoor patio, requires an Administrative Use Permit in
accordance with ESMC §15-5G-4(B).
3. The purpose of the Commercial Center (C-4) Zone is to provide for developing
commercial establishments (retail and services) serving the City and surrounding
area. The proposed use is consistent with this purpose of the zone in that
restaurant and outdoor dining uses are permitted in the Commercial Center (C-4)
Zone.
3 `' ��
4. The proposed use is consistent with the Land Use Element in that the
Commercial Center Land Use Category is intended to permit a mixture of
community-serving retail, restaurants and other commercial service uses in an
integrated shopping center design to serve a broad cross section of the City and
surrounding area.
5. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, primarily within a mixed-use environment, without adversely affecting the
viability of Downtown.
6. The proposed use is consistent with Land Use Element Objective LU4-1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
7. The surrounding land uses include: commercial retail, restaurant, and office and
light industrial uses. The proposed restaurant will be compatible with the
surrounding land uses.
Findinq 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
1. The restaurant is located inside an existing retail commercial building and no new
construction is proposed as part of the current request for the alcohol license,
with the exception of the railing to enclose the outdoor patio. Sufficient parking
will be provided on-site and on a neighboring parcel in compliance with ESMC
Chapter 15-15.
2. The surrounding land uses include commercial retail, restaurant, a fitness center,
office, and light and heavy industrial uses. The proposed restaurant is a
permitted use within the C-4 Zone.
3. The restaurant dining hours of operation are limited to: Monday through Sunday
from 11:00 a.m. to 11:00 p.m. The patio area would be open the same hours as
the restaurant. The restaurant will be required to meet the noise and vibration
requirements of ESMC § 7-2-1.
4
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.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant.
2. The hours of operation for alcohol sales are limited to: Monday through Sunday
from 11:00 a.m. to 11:00 p.m. The patio area would be open the same hours as
the restaurant. The restaurant will be required to meet the noise and vibration
requirements of ESMC § 7-2-1.
3. The location of the existing restaurant is in a predominantly commercial/industrial
area that is not adjacent to any residential uses. Therefore, the proposed
expansion will not cause will noise impacts to sensitive uses.
4. In addition to complying with the requirements of the City of EI Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Findinq 5
• The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
1. The restaurant dining hours of operation are limited to: Monday through Sunday
from 11:00 a.m. to 11:00 p.m. The outdoor patio would be open the same hours
as the restaurant. Food service must be available in the indoor dining area and
the outdoor patio during the dining hours. Any change to the hours of operation
5 , , •_� �
L J::
or the hours that alcohol may be served is subject to review and approval by the
Director of Planning and Building Safety.
2. The seating within the restaurant must be limited to 75 indoor dining seats and
50 outdoor seats. The restaurant will contain a combined total of 125 seats.
3. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
4. Any subsequent changes to the floor plan and areas where alcohol will be served
must be reviewed and approved to the satisfaction of the Director of Planning
and Building Safety Department.
5. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
6. The restaurant operations must comply with ESMC §§ 7-2-1, et seq. regulating
noise and vibration.
7. The Planning and Building Safety 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 cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
8. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
9. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
10. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10") in the bar and restaurant dining areas at eye
level. The sign must be worded in a way that reminds patrons who are
consuming alcohol to designate a non-drinking driver.
11. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
6l'
J:�
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
12. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
13. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Long Beach/Lakewood District Office
administered Leadership and Education in Alcohol and Drugs (LEAD)
Program in the form of an ABC-issued certificate; or,
b. Completed an accepted equivalent by the ABC, Long Beach/Lakewood
District_Office to ensure proper distribution of beer, wine and distilled
spirits to adults of legal age. If any prospective employee designated
to sell alcoholic beverages does not currently have such training, then;
c. The ABC-licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled with the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
14. The licensee must have readily identifiable 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 and are cleared of
patrons and their vehicles one-half hour after closing.
15. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant and two outdoor patio
areas, the city may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
16. The outdoor dining/seating areas must comply with ESMC § 15-2-16.
17. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
7 U ��
18. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the SSMC.
19. The applicant must record an Off-Site Parking Covenant in the Office of the Los
Angeles County Recorder to allow the use of 36 parking spaces on a neighboring
parcel. Prior to recordation, the Covenant must be reviewed and approved to the
satisfaction of the Director of Planning and Building Safety and the City Attorney.
20. The Applicant 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 of Environmental Assessment
No. 854 and Administrative Use Permit No. 09-10. 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 EA-854 or AUP
09-10, 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.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its February 11, 2010 meeting with
the recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on March 2, 2010.
Should you have any questions, please contact Paul Samaras, Project Planner, at (310)
524-2312.
Sincerely,
Gre arpe or, Director
'14i Director
De ment of Planning and Building Safety
P:\Planning & Building Safety\O Planning - OMPROJECTS (Planning)1851-8751EA 854\EA 854 730-H Allied Way AUP Approval
Letter.doc
J
8
City of El Segundo
Inter-Departmental Correspondence
February 16, 2010
To: Greg Carpenter, Director of Planning and Building and Safety
From: Bob Turnbull, Captain, Administrative Services Bureau
Subject: 730 Allied Way, Suite H
Applicant: California Fish and Grill
Case No.: Environmental Assessment No. EA-854, Administrative
Use Permit No. 09-10,
License type: Type 41 Alcoholic Beverage Control License
During the review process of the above listed ABC License application, the
Police Department reviewed the application and approved its issuance without
comment.
Based upon that process, the Police Department at this time does not intend on
protesting the issuance of this license.
EL SEGUNDO CITY COUNCIL MEETING DATE: March 2, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for on-site sale and consumption of alcohol (Type 41 Alcoholic Beverage Control License) at the
Malibu Fish Grill located at 400 North Sepulveda Boulevard, Suite B (Fiscal Impact: N/A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to a new Type 41 ABC license at 400 North
Sepulveda Boulevard, Suite B; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report dated February 11, 2010
4. Approval Letter to Applicant dated February 3, 2010
5. Correspondence received from the public
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planningilding Safety Director
APPROVED BY: Jack Wayt, City Mana l
9
BACKGROUND AND DISCUSSION:
I. Backeround
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at restaurants, California regulations require a 30-day review and comment period
after notifying local police and planning departments. The grounds of a protest, if any, should
relate to public health, safety or welfare concerns. Based upon previous Council direction, staff
is providing background information regarding this application.
J7
II. Analvsis
According to the most recent Crime and Arrest statistics report (July 2009 — December 2009,
Exhibit 1) prepared by the Police Department, the proposed restaurant is located in Reporting
District (RD) 308. Based on 2009 reported data prepared by the Police Department, the district
had a total of 32 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny-theft, motor vehicle theft and arson), and 28 Part 11 crimes. The Reporting
District is considered a high crime area with a total of 60 crimes reported between July and
December 2009. However, the Police Department and the Planning and Building Safety
Department do not object to a new ABC license for the proposed restaurant.
This license request will allow the sale of beer and wine in conjunction with the operations of a
restaurant. A request for a new license is required, since no previous alcohol license existed at
the proposed location. The applicant's proposed hours for alcohol sales will be the same as the
hours the restaurant is open. The restaurant's hours of operation are limited to: 10:00 a.m. to
10:00 p.m. on Monday through Sunday.
On February 3, 2010, the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA No. 856, AUP No. 09-11) for 400 North Sepulveda Boulevard, Suite
B. The Director's decision was forwarded to the Planning Commission on February 11, 2010.
On February 11, 2010, the Planning Commission chose to Receive and File the item with the
conditions of approval.
ABC license review requires mandatory findings that are regulated by the Department of
Alcoholic Beverage Control. The City's AUP process is separate. The Department of Alcoholic
Beverage Control (ABC) is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before issuing any type of alcohol
license.
111. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to a
new Type 41 ABC license at 400 North Sepulveda Boulevard, Suite B.
PAPlanning&Building Safiety\0 Planning-OI&PROJECTS(Planning)\851-875TA 856\EA-856;AUP 09-11;CUP 09-08 CC SR.doc
EL SEGUNDO POLICE DEPARTMENT
REPORTED PERIOD: 3ULY- DECEMBER, 2009
PART I AND PART II CRIMES STATISTICAL REPORT
HIGH CRIME AREA BY REPORTING DISTRICT
REPORTING PART I CRIMES PART II CRIMES TOTAL
DISTRICT
01 4 103 13
105 10 12 22
106 3 6 9
109 1 10 11
110 5 10 15 I
111 2 7 9
114 0 7 7
115 5 8 13 I
116 0 10 10
202 10 10 20
204 1 1 2
211 7 12 19
{ 212 3 17 20
I 301 I 12 7 19 I
302 I 6 6 12 I
i 303 2 4 6
i 304 1 5 6
I 305 I 5 6 11
I 306 2 j 2 4
307 2 4 6
309 8 5 13
I 310 I 0 I 0 I 0
I 311 I 4 8 I 12
I 312 3 3 I 6
I 313 0 9 I 9
I 314 1 1 I 2
i 315 2 4 6
I 316 I 5 2 7
317 4 7 11
320 4 1 5
I 321 I 1 I 1 I 2 {
I 323 I 1 1 2 1
I TOTALS 1 405 I 665 1,070
Number of Reporting Districts = 51
Total Part I Crimes and Part II Crimes = 1,070
CRY Avera a for all Reporting Districts (1,070 1 51 = 21
Records/eg Page 1 2/17/2010
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: February 11, 2010
SUBJECT: Environmental Assessment No. EA-856,
Conditional Use Permit No. 09-08 and
Administrative Use Permit No. 09-11
APPLICANT: Malibu Fish Grill c/o Vasili Hatziris
PROPERTY OWNER: 400 N. Sepulveda Associates, LLC
REQUEST: A request for a Conditional Use Permit for the
construction of an outdoor dining area and a
request for an Administrative Use Permit to allow
the on-site sale and consumption of alcohol (Type
41 Alcoholic Beverage Control License for beer and
wine) at a new restaurant
PROPERTY INVOLVED: 400 N. Sepulveda Boulevard
I. Introduction
The proposed project is a request for a Conditional Use Permit to construct a new
outdoor patio area and an Administrative Use Permit to allow the sale and
consumption of alcohol at a new restaurant located at 400 North Sepulveda
Boulevard, Suite B, in the Corporate Office (CO)Zone. The applicant is requesting
a Type 41 license for the on-site sale and consumption of beer and wine from the
California Department of Alcoholic Beverage Control; this is the second request for
such a license at this location. The Director made the necessary findings to grant an
Administrative Use Permit for the on-site sale and consumption of alcohol and
approved Administrative Use Permit on February 3, 2010 (see Exhibit E).
II. Recommendation
Planning Staff recommends that the Planning Commission 1) review the facts and
findings contained within this report, and adopt Resolution No. 2669 approving
Environmental Assessment No. EA-856 and Conditional Use Permit No. 09-08,with
conditions, and 2) Receive and File Administrative Use Permit No. 09-11.
111. Backaround
The 12.3 acre project site is comprised of three parcels and is developed with three
existing three-story office buildings on Parcel B totaling 353,718 square feet in area
and two new commercial retail buildings on Parcel A. The new commercial building
to the north is 6,227 gross square feet in area and the second commercial building
to the south is 5,141 gross square feet. The new Malibu Fish Grill is located on the
southwest side of the new southern commercial retail building.
The restaurant for Malibu Grill is 1,398 square feet in area and approximately 40
feet from the front property line along Sepulveda Boulevard. The proposed outdoor
dining area is approximately 600 square feet. The combined total area of the
restaurant will be 1,998 square feet. The interior dining area will contain 32 seats
and the outdoor dining area will contain 36 seats. The proposed hours of operation
are from 10:00 a.m. to 10:00 p.m. Monday through Sunday.
The 600 square-foot outdoor patio is proposed along the west side of the restaurant
fronting on Sepulveda Boulevard. The patio area is enclosed by an existing three-
foot tall concrete wall and a proposed three-foot tall fence.
The interior of the restaurant includes a main dining area, two restrooms, and a
kitchen. The following chart summarizes the proposed dining and seating areas:
F*
ESTAIIJWT $"�, OSED SQUAB
Indoor Dining 1,398 SF 32 seats
Proposed Outdoor 600 SF 36 seats
Patio
Total 1,998 SF 68 seats
Surroundina Land Uses
The subject site is surrounded by other commercial office, retail, and restaurant
uses. The surrounding land uses are as follows:
2
+.h•'. ,5; 7 °e:sa ,. .' .'fF.`<:k'+i,.:-;;;Ca :a:.' ,dr..w cCt''4x'•
•,�,.,. '>„ '.t.�d>#k"f;n;' i. .'vt ;p..•. ':3 '''°�;;.yp-� �';'' .•�'`�. � ':�.a':"`"..a�1.'!:s�„
SURROUNDINGND S S=
fi..:ex."Y'1i{':,a..i .�. �,•.,'`M"'�,� ••e �x �," '„ _
D�rectton', , YY% Land'Use _ � on
North Market General Commercial (C-3)
East Office Corporate Office (CO)
South Office Corporate Office (CO)
Pharmacy, Retail and General Commercial (C-3)
West Restaurant
IV. CONDITIONAL USE PERMIT PURPOSE. FINDINGS. AND ANALYSIS
SSMC §15-23-5 discusses the purpose of a conditional use permit, which is to: 1)
assure the 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) assure the proposed use is consistent and compatible
with the purpose of the zone in which the site is located; and 3) recognize and
compensate for potential impacts that could be generated by the proposed use,
such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards.
PURPOSE:
The proposed project is a request to allow the construction of a new 600 square-foot
outdoor dining area that exceeds 200 square feet, and to allow the on-site sale and
consumption of alcohol at a new restaurant.
1) Compatibility:
Restaurants are a permitted use in the Corporate Office (CO) Zone. On-site sale
and consumption of beer and wine at a new restaurant requires an Administrative
Use Permit (AUP) and an outdoor patio area greater than 200 square feet (600
square feet proposed), requires a Conditional Use Permit(CUP), in accordance with
the development standards contained in ESMC Chapter 15-5, Article D.
Restaurants, such as the subject restaurant typically have outdoor dining areas that
provide a choice of indoor or outdoor dining for their patrons. The proposed outdoor
dining area will be compatible with the retail, restaurant and office uses on site and
in the surrounding area. These uses are customarily located to serve the dining
needs of corporate office employees.
3
2) Zoning Consistency:
The proposed 600 square-foot outdoor dining area is a permitted use within the
Corporate Office(CO)Zone subject to a conditional use permit. The following chart
contains the development standards for the Corporate Office Zone. The proposed
new outdoor patio complies with the following requirements:
R 4UIRE�E� � ��G�ORP4RATE.t�FF,;���.(C�},):.n Q �p:� .' �! , fi�'w� ,��
ESIVIC §15-5D-5(D):
Outdoor dining area exceeding
Use 200 square feet in area or 20%of 600 square-foot outdoor dining
the indoor dining area whichever area
is less subject to a conditional
use permit.
ESIVIC §15-5D-7(C): Existing three-story high office
Height 200 feet maximum permitted buildings and new 24-foot high
height for buildings east of commercial retail buildings.
Sepulveda Boulevard (Complies)
ESIVIC §15-5D-7(D): Front: 40 feet
Setbacks Front: 25 feet minimum. Side: 15 feet
Side: 15 feet minimum. Rear: 17 feet
Rear: 10 feet minimum. (Complies)
4
SSMC §15-15-3(B):
Office: Office: 363,718 square feet
1/300 first 25,000 square feet Required: 914
1/350 second 25,000 square feet Provided: 914
1/400 area over 50,000 square
feet
Restaurant: Restaurant: 9,040 square feet:
1 parking space for every 75 Required: 121
square feet Provided: 121
Outdoor Dining: Outdoor Dining: 1,974 square
Parking 1 parking space for every 75 feet:
square feet Required: 27
Provided: 27
Retail: Retail: 2,328 square feet
1 parking space for every 300 Required: 8 spaces
square feet of office or retail. Provided: 8 spaces
Total Required: 1,070 spaces
and 1,168 spaces provided
(Complies)
ESMC §15-5-6: 1 loading area for the two new
Loading 1 loading area for a 1,000 to commercial buildings.
25,000 square-foot building (Complies)
Parking:
The proposed new outdoor patio expansion was included in the analysis and
complies with the minimum required parking. The new restaurant, including the
proposed patio has a combined net floor area of 1,998 square feet which requires
27 parking spaces. A sufficient number of parking spaces is provided on the
subject parcel (Parcel A-26 spaces) and on the adjacent parcels(Parcels B and 3-
142 spaces via covenant) to accommodate the restaurant use. The table on the
following page (Table 1) provides a parking analysis for all the commercial uses on
the subject parcel. Other restaurants will contain outdoor dining areas and have
been included in the analysis to ensure that adequate parking is provided for the
development. However, the outdoor dining areas listed for each restaurant that
exceed 200 square feet in size will be processed by separate permit.
5
ble,1).GatewaytCe''
,3S.��, ,�,,.�(,,+q' x}^: ::x,,: ',; �L_.�,:{tv. ;, ..x aa.s-,p'r' :+•+�,., .,s
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BLDG 1, Suite A 2,061 square feet and a
(Restaurant) 430 square-foot outdoor dining area 33 spaces
BLDG 1, Suite B 1,838 square feet and a 314 square- 29 spaces
(Restaurant) foot outdoor dining area
BLDG 1, Suite C
(Retail) 2,328 square feet and no outdoor patio 8 spaces
Xceed Credit Union
BLDG 2, Suite A 1,398 square feet and a 280 square-
(Restaurant) foot outdoor dining area 23 spaces
California Fish Grill
BLDG 2, Suite B 1,398 square feet and a 600 square- 27 spaces
(Restaurant) foot outdoor dining area
* BLDG 2, Suite C 2,345 square feet
(Restaurant) and a new 350 square-foot outdoor 36 spaces
Rubio's Mexican dining area
Grill
11,368 square feet of building area
5 restaurants and 1,974 square feet of outdoor
wioutdoor dining; dining area; 156 spaces
and 1 retail space (Complies)
Total: 13,342 square feet
3) Impacts:
The proposed new patio location is in front of the restaurant, facing west, and the
conditions under which the use would be operated or maintained will not be
detrimental to the public health, safety or welfare. The restaurant is located within a
new commercial development (Gateway Center) consisting primarily of restaurant
uses.
Noise is a potential impact that can be associated with the new outdoor dining area.
However, the project is located in a commercial zone and there are no sensitive
receptors such as residential dwelling units adjacent to the property. Additionally,
the conditions of approval limit the restaurant hours of operation from 10:00 a.m. to
10:00 p.m. Monday through Sunday. The outdoor dining patio would be open the
same hours as the restaurant. Any change to the hours of operation is subject to
review and approval by the Director of Planning and Building Safety. Therefore, the
proposed use is not anticipated to have significant impacts.
As demonstrated above, the proposed project is compatible with the existing and
permitted uses surrounding the subject property, it is consistent with the zoning
requirements in the CO Zone, and it will have less than significant impacts on the
surrounding properties and the environment,
FINDINGS:
Pursuant to El Segundo Municipal Code §15-23-4, the Planning Commission is
authorized to grant a conditional use permit if it makes the three required findings
listed in SSMC §15-23-6. The required findings state that: 1)the proposed location
of the conditional use permit is in accord with the objectives of the Title and the
purposes of the zone in which the site is located; 2) the proposed location of the
conditional use and the conditions under which it 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; and 3) the proposed conditional use
will comply with each of the applicable provisions of this Chapter. Facts in support
of said findings are outlined in the attached resolution of approval.
Staff believes that there is adequate evidence to support the three required
Conditional Use Permit findings subject to the listed conditions of approval in the
attached resolution. The Planning Commission may consider and impose additional
conditions which it deems necessary, if it demonstrates a reasonable relationship
between the condition it desires to impose and the project's impact.
V. GENERAL PLAN CONSISTENCY
The General Plan land use designation for the site is Corporate Office and is
consistent with the current zoning designation which is Corporate Office(CO)Zone.
The project is consistent with the General Plan as specified in the attached draft
resolution.
VI. INTER-DEPARTMENTAL COMMENTS
The project applications and plans were circulated to all City Departments for
7
review. The comments received for the project are attached to this report (Exhibit
B) and have been incorporated in the conditions of approval for the project:
VII. ENVIRONMENTAL REVIEW
The proposed 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) and pursuant to 14
California Code of Regulations § 15303 as a Class 3 categorical exemption (New
Construction or Conversion of Small Structures). The project includes an alcohol
license for a new restaurant to be located in a currently vacant commercial space
and installation of a three-foot tall fence to enclose a proposed 600 square-foot
outdoor dining patio. The project is not anticipated to have any significant impacts
with regard to traffic, noise, air quality, or water quality. There are adequate utilities
and public services to serve the project.
Vill. CONCLUSION
Planning staff recommends that the Planning Commission: 1)adopt Resolution No.
2669, approving Environmental Assessment No. EA-856 and Conditional Use
Permit No. 09-08, with conditions based upon the findings as contained in this
report; and 2) Receive and File Administrative Use Permit No. 09-11.
V. EXHIBITS
A. Draft Resolution No. 2669
B. Inter-departmental Comments
C. Administrative Use Permit Application
D. Conditional Use Permit Application
E. Administrative Use Permit Approval Letter, dated February 3, 2010
F. Plans
Prepared by: Paul Samaras, Assistant Planner
Kimberly Ch tensen, AICP, Planning Manager
Department Ch
& Building Safety
8
Gre rpeder, DI for
De4ment 1fPlanning
& Building Safety
PAPlanning&Building Safety\O Planning-0IMPROJECTS(Planning)1851-875\EA 856\EA-856 PC-SR.doc
9
RESOLUTION NO. 2669
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO.EA-
856 AND CONDITIONAL USE PERMIT NO. 09-08 TO ALLOW A 600
SQUARE-FOOT OUTDOOR DINING AREA IN CONJUNCTION WITH A
NEW RESTAURANT IN THE CORPORATE OFFICE (CO) ZONE AT 400
NORTH SEPULVEDA BOULEVARD.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Commission finds and declares that:
A. On December 29, 2009, Vasili Hatziris on behalf of Malibu Fish Grill 4 filed an
application for Environmental Assessment No. EA-856 and Conditional Use
Permit No. 09-08 to allow the construction and use of a 600 square-foot
outdoor dining area in conjunction with a new restaurant at 400 North
Sepulveda Boulevard;
B. The application was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity with
the El Segundo Municipal Code ("ESMC");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16, 1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for February 11, 2010;
E. On February 11, 2010, the Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without
limitation, information provided to the Commission by Vasili Hatziris of Malibu
Fish Grill and its representatives; and
F. The Commission considered the information provided by City staff, public
testimony, and the representative for Malibu Fish Grill restaurant. This
Resolution and its findings are made, in part, based upon the evidence
presented to the Commission at its February 11, 2010 public hearing
including, without limitation, the staff report submitted by the Planning and
Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The Commission finds that the following
facts exist:
%JU
A. The subject site is located in the Corporate Office (CO) Zone at 400 North
Sepulveda Boulevard.
B. The subject site is currently developed with three existing three-story office
buildings totaling 353,718 square feet in area and two new single-story
commercial buildings totaling 11,368 square feet of area.
C. The new commercial building to the north is 6,227 gross square feet in area
and the second commercial building to the south is 5,141 gross square feet.
The two new buildings were constructed on the northwest corner of Parcel A
and the restaurant for Malibu Fish Grill is located on the southwest side of the
southern commercial building on that parcel(400 North Sepulveda Boulevard,
Suite B).
D. The Gateway Center development contains 2,328 square feet of retail and
four restaurants totaling 9,040 square feet of floor area.
E. The proposed new 600 square-foot outdoor patio area will be added to the
1,398 square-foot restaurant and will bring the total floor area to 1,998 square
feet.
F. The subject site contains 1,158 off-street parking spaces and a total of 1,070
are required for the new single-story commercial buildings and the existing
three-story office buildings. The indoor and outdoor dining area for the
restaurant is required a total of 27 off-street parking spaces.
G. A Conditional Use Permit is required for outdoor dining areas which exceed
200 square feet or 20%of the indoor dining area, whichever is less, pursuant
to El Segundo Municipal Code §15-5D-5(F).
H. The proposed outdoor dining area is approximately 600 square feet in area.
SECTION 3: Environmental Assessment. The proposed 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) and pursuant to 14 California Code of Regulations § 15303 as a Class 3
categorical exemption (New Construction or Conversion of Small Structures). The project
includes an alcohol license for a new restaurant to be located in a currently vacant
commercial space and installation of a three-foot tall fence to enclose a proposed 600
square-foot outdoor dining patio. The project is not anticipated to have any significant
impacts with regard to traffic, noise, air quality, or water quality. There are adequate utilities
and public services to serve the project.
SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows:
A. The El Segundo General Plan land use designation for the property is
2
Corporate Office. This land use designation permits a mixture of office and
food serving uses in single-tenant and multi-tenant buildings with limited retail
uses. The proposed restaurant use is a permitted use in the Corporate Office
(CO) Zone and the outdoor dining area will expand the seating for the
restaurant. Outdoor dining areas in conjunction with a restaurant that exceed
200 square feet or 20% of the indoor dining area, whichever is less, are
permitted with approval of a Conditional Use Permit.
B. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new
commercial uses, primarily within a mixed-use environment,without adversely
affecting the viability of Downtown.
C. The proposed use is consistent with Land Use Element Objective LU4-4 in
that it adds to the mixture of uses, which has the potential to maximize
economic benefit, reduce traffic impacts, and a encourage pedestrian
environment.
SECTION 5: Conditional Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. The proposed location of the conditional use is in accord with the objectives of
ESIVIC Title 15 and the purposes of the zone in which the site is located.
The zoning designation for the subject site is Corporate Office (CO). This
zone allows outdoor dining areas which exceed 200 square feet or 20%of the
indoor dining area, whichever is less, subject to the granting of a conditional
use permit. The size of the outdoor dining area is appropriate to its location
as it will be incidental to the restaurant. The principal uses in the zone are
restricted to a mixture of office and food serving uses with limited retail uses.
The subject site consists of roughly 353,718 square feet of commercial office
floor area in three existing buildings and two new buildings containing
approximately 2,328 square feet of retail and five restaurants totaling 9,040
square feet. The restaurant with the accompanying outdoor dining area is in
accord with the principal objectives of the zone.
B. That the proposed location of the conditional use and the conditions under
which it 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.
The 600 square-foot outdoor dining area is proposed along the west side of
the new 1,398 square-foot restaurant at 400 North Sepulveda Boulevard,on a
block bounded by Mariposa Avenue to the north,Continental Boulevard to the
east, Grand Avenue to the south, and Sepulveda Boulevard to the west. No
particular use is adjacent or near the proposed outdoor dining area that could
be impacted by the operation of the outdoor dining area which faces
Sepulveda Boulevard and the parking area. Outdoor dining activities are not
4,1;Z -I
L
3 !D 4.
anticipated to be detrimental to adjacent businesses and no residential uses
are located in the vicinity. As such, the proposed location of the conditional
use and the conditions under which it 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.
C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
The proposed conditional use complies with the applicable provisions of
ESIVIC Chapters 15-23 and 15-27 since proper notice was provided and a
hearing was scheduled for February 11, 2010. In addition, proper hearing
decision procedures and records will be complied with, and the required
findings will be considered. The proposed project meets all of the current
ESIVIC requirements.
SECTION 6: ApprovaL Subject to the conditions listed on the attached Exhibit "A," which
are incorporated into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA-856 and Conditional Use Permit No. 09-08.
SECTION 7: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to
Vasili Hatziris of Malibu Fish Grill and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
4
PASSED, APPROVED AND ADOPTED this 11th day of February, 2010.
David Wagner, Chair
City of El Segundo Planning Commission
ATTEST:
Greg Carpenter, Secretary
Wagner -
Fellhauer -
Baldino -
Fuentes -
Newman -
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger, Assistant City Attorney
5 i-154
PLANNING COMMISSION RESOLUTION NO. 2669
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), Malibu
Fish Grill 4 agrees to comply with the following provisions as conditions for the City of El
Segundo's approval of Environmental Assessment No. EA-856 and Conditional Use Permit
No. 09-08 ("Project Conditions"):
Zonina Conditions
1. This approval is for the project as shown on the plans reviewed and approved by the
Planning Commission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans and conditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Director of the
Planning and Building Safety Department for a determination regarding the need for
Planning Commission review and approval of the proposed modification.
2. The outdoor dining facilities must comply with the requirements of ESMC§ 15-2-16.
3. This approval limits the hours of operation and alcohol service for the restaurant,
including the outdoor dining area from 10:00 a.m. to 10:00 p.m. seven days a week.
4. No live entertainment is permitted. Only pre-recorded background music may be
provided, and must meet the noise and vibration requirements of ESMC § 7-2-1.
5. Before the City issues building permits, the applicant/property owner must submit
landscaping and irrigation plans for any new or modified landscaping areas to the
Planning and Building Safety and Recreation and Parks Departments for review.
6. Pursuant to ESMC § 15-23-11(6)(1), this conditional use permit expires 24 months
after its approval if the use does not commence or construction does not commence
under a valid building permit. The City is not responsible for informing the applicant
regarding a pending CUP expiration.
Miscellaneous Conditions
7. Malibu Fish Grill 4 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 of Environmental
Assessment No. EA-856 and Conditional Use Permit No. 09-08, except for such loss
or damage arising from the City's sole negligence or willful misconduct. 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
6
Environmental Assessment No. EA-856 and Conditional Use Permit No. 09-08, 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, Vasili Hatziris of Malibu Fish Grill 4, certifies that they read,
understood, and agree to the Project Conditions listed in this document.
Vasili Hatziris
Malibu Fish Grill 4
{If Corporation or similar entity, needs two officer signatures or evidence that one
signature binds the company}
PAPlanning&Building Safety\O Planning-OMPROJECTS(Plan ning)\851-875\EA 856\EA-856 PC Reso.doc
7
Planning & Building Safety Department
Elected Officials:
Kelly McDowell, February 3, 2010
Mayor
Eric K.Busch,
Mayor Pro Tem Vasili Hatziris
Carl Jacobson,
Council Member Malibu Fish Grill
Bill Fisher,
Council Member 17965 Beach Boulevard
Donn
Council Member Huntington Beach CA 92647
Cindy Mortesen,
city Clark
Ralph tRE: Environmental Assessment No. EA-856 for
Treasurer CityyTTreasurer
Administrative Use Permit (AUP) No. 09-11
On-site Sale and Consumption of Beer and Wine (Type
Appointed officials: 41 Alcoholic Beverage Control License) in conjunction
Jac City Manager with the operation of a new Restaurant (Malibu Fish
Mark D.Hensley, Grill).
City Attorney
Department Directors: Address: 400 N. Sepulveda Boulevard (Gateway Center)
Bill Crowe,
Assistant City Manager
Deborah Cullen,
Finance Dear Mr. Hatziris:
Robert Hyland,
Human Resources
Kevin Smith,
Fire Chief The purpose of this letter is to inform you that, in accordance with EI
Debrary Services
LibranarySegundo Municipal Code (ESMC) Chapter 15-22, the Planning Division
Greg Carpenter,
Planning and Building reviewed your application for the above-referenced project and the
SafetyDirector of Planning and Building Safety APPROVED Environmental
David Cummings,
Police Chief Assessment No. EA-856 for Administrative Use Permit No. 09-11 for the
Dana Greenwood,
Public Works on-site sale and on-site consumption of beer and wine. The Director did
Robert Cummings,
Recreation&Parks not identify a reason to oppose the proposed Type 41 license by the
Alcoholic Beverage Control Department for the existing restaurant located
at 400 North Sepulveda Boulevard, within a new commercial
development. The following are the findings and facts in support of each
www.elsegundo.org finding for this decision:
350 Main Street, El Segundo, California 90245-3813
Phone(310) 524-2380 FAX(310)322-4167 L J I
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:,
Environmental Assessment No. EA-856,
Findinq 1
• The proposed 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).
Facts in Support of Finding 1
1. The applicant requests an alcohol license for the on-site sale and consumption of
beer and wine at a new 1,398 square-foot restaurant located within Gateway
Center. The request includes the approval to construct a fence to enclose a new
600 square-foot outdoor dining area on the west side of the restaurant with direct
access from the interior. The Gateway Center contains two single-story
structures totaling 11,368 square feet in area. The property is in an urbanized
and developed area where it has adequate access and all public services and
facilities are available. In addition, it is in an area that is not environmentally
sensitive. Therefore, the project is not anticipated to have any significant impacts
with regard to traffic, noise, air quality or water quality.
Administrative Use Permit 09-11,
Findinq 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
1. The applicant proposes to provide on-site sale and consumption of beer and
wine in a new 1,398 square-foot restaurant and enclose a new 600 square-foot
outdoor dining area. The restaurant is located within a new building in the
northwest portion of the Gateway Center at 400 North Sepulveda Boulevard,
Suite B. The restaurant and outdoor patio area total 1,998 square feet and
contain 60 seats. The interior of the restaurant contains 32 seats and the new
outdoor dining area on the north side of the building contains 36 seats. The
minimum number of required parking spaces for the restaurant and outdoor patio
is 27 parking stalls which will be provided on-site and on the adjacent parcels.
2. The General Plan Land Use designation for the site is Corporate Office and the
zoning for the site is Corporate Office (CO). Restaurants are permitted uses in
2
;'' 5 8
the Corporate Office (CO) Zone in accordance with ESIVIC §15-5D-2 and on-site
sale and consumption of alcohol is permitted with the approval of an
Administrative Use Permit in accordance with ESIVIC §15-5D-4(B), and ESIVIC §
15-22-5. Outdoor dining areas greater than 200 square feet are permitted with
the approval of a Conditional Use Permit in accordance with ESIVIC §15-5D-5(F),
and ESIVIC Chapter 15-23.
3. The Corporate Office (CO) Zone permits, and the surrounding land uses include
commercial retail, restaurant, hotel, and office uses. The proposed restaurant will
be similar and compatible with the surrounding uses.
4. The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on-site sale and consumption of alcohol (Type 41).
5. On February 11, 2011 the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Findinq 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
1. The General Plan Land Use designation for the site is Corporate Office.
2. The zoning for the site is Corporate Office (CO). Restaurants are a permitted
use in this Zoning District in accordance with ESIVIC §15-5D-2. The proposed
use (on-site sale and consumption of beer and at an existing restaurant) requires
an Administrative Use Permit in accordance with ESIVIC §15-5D-4(B). In addition,
the proposed outdoor dining area, which is greater than 200 square feet requires
a Conditional Use Permit in accordance with ESIVIC §15-5D-5(F).
3. The purpose of the Corporate Office (CO) Zone is to provide areas where a
mixture of office and food serving uses with limited retail in a mutually beneficial
manner. It is the intent of the Corporate Office (CO) Zone to have several types
of uses within a single building.
4. The surrounding land uses include: commercial retail, restaurant, and office
uses. The proposed restaurant will be compatible with the surrounding land uses.
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.
3
115 �
1-
Facts in Support of Finding 3
1 The restaurant is located inside a new commercial building within the Corporate
Office (CO) Zone and includes a new 600 square-foot outdoor dining area. The
restaurant and outdoor dining area meet all the development standards of the
(CO) Zone and sufficient parking will be provided on-site and on adjacent parcels
in compliance with ESIVIC Chapter 15-15.
2. The surrounding land uses include commercial retail, hotels, restaurants and
office uses. The restaurant is a permitted use within the Corporate Office (CO)
Zone and the 600 square-foot outdoor dining area is permitted with a Conditional
Use Permit.
3. The proposed hours of operation and alcohol service for the restaurant are
limited to: Monday through Sunday from 10:00 a.m. to 10:00 p.m. The outdoor
dining area would be open the same hours as the restaurant. Background music
is proposed. No live entertainment is proposed. The restaurant will be required to
meet the noise and vibration requirements of SSMC § 7-2-1.
Findina 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.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant with indoor and outdoor dining
areas.
2. The proposed hours of operation and alcohol service for the restaurant are
limited to: Monday through Sunday from 10:00 a.m. to 10:00 p.m. The outdoor
dining area would be open the same hours as the restaurant. Background music
is proposed. No live entertainment is proposed. The proposed restaurant is
located in a predominantly commercial/retail area that is not adjacent to any
residential uses, which will help to minimize noise impacts on sensitive uses.
3. Adequate parking will be provided for the new restaurant onsite and on the
adjacent parcels via an existing parking covenant and reciprocal access
easement. Thus, the proposed use will not generate dust or substantially
increase vehicular traffic.
4. The proposed new restaurant and outdoor dining area is in an area that is not
environmentally sensitive.
4
5. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 6
• The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety APPROVES the proposed project, subject to the following
conditions:
1. The proposed hours of operation and hours of alcohol service for the restaurant,
including the outdoor dining patio are limited to: Monday through Sunday from
10:00 a.m. to 10:00 p.m. Food service must be available in the indoor dining area
and the outdoor patio during the dining hours. Any change to the hours of
operation or the hours that alcohol may be served is subject to review and
approval by the Director of Planning and Building Safety.
2. The seating within the restaurant must be limited to 32 indoor dining seats and
36 seats in the outdoor dining area. The restaurant will contain a combined total
of 68 seats.
1 Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be 'served, and/or the conditions of approval, must
be referred to the Director of Planning and Building Safety for approval and a
determination regarding the need for Planning Commission review of the
proposed modification.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
5. The restaurant operations must comply with SSMC §§ 7-2-1, et seq. regulating
noise and vibration.
56 1
6. The Planning and Building Safety 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 cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
8. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
9. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10") in the bar and restaurant dining areas at eye
level. The sign must be worded in a way that reminds patrons who are
consuming alcohol to designate a non-drinking driver.
10. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior constitute a violation of this condition.
11. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
12. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Long Beach/Lakewood District Office
administered Leadership and Education in Alcohol and Drugs (LEAD)
Program in the form of an ABC-issued certificate; or,
b. Completed an accepted equivalent by the ABC, Long Beach/Lakewood
District Office to ensure proper distribution of beer, wine and distilled
spirits to adults of legal age. If any prospective employee designated
to sell alcoholic beverages does not currently have such training, then;
6 �_' b
c. The ABC-licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
13. The applicant must have readily identifiable 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 and are cleared of
patrons and their vehicles one-half hour after closing.
14. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant and the outdoor patio
area, the city may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
15. The outdoor dining/seating area must comply with ESIVIC § 15-2-16.
16. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESIVIC.
17. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
18. The Applicant 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 of Environmental Assessment
No. 856 for Administrative Use Permit No. 09-11, except for such loss or damage
arising from the City's sole negligence or willful misconduct. 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 EA-
856 or AUP 09-11, 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.
7
PLANNING COMMISSION
This determination was received and filed by the Planning Commission at its February
11, 2010 meeting. Please be advised that this does not conclude the review process.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on March 2, 2010.
Should you have any questions, please contact Paul Samaras, Project Planner, at (310)
524-2312.
Sincerely,
lGre jarpe to , r
rr of P
De men of Planning and Building Safety
PAPlanning&Building Safety\O Planning-04PROJECTS(Planning)\851-875\EA 856\EA-856 AUP Letter.doc
8
City of El Segundo
Inter-Departmental Correspondence
February 16, 2010
To: Greg Carpenter, Director of Planning and Building and Safety
From: Bob Turnbull, Captain, Administrative Services Bureau
Subject: 400 North Sepulveda Boulevard, Suite B
Applicant: Malibu Fish Grill
Case No.: Environmental Assessment No. EA-856, Conditional Use
Permit No. CUP 09-08, and Administrative Use Permit no. 09-11
License type: Type 41 Alcoholic Beverage Control License
During the review process of the above listed ABC License application, the
Police Department reviewed the application and approved its issuance without
comment.
Based upon that process, the Police Department at this time does not intend on
protesting the issuance of this license.
EL SEGUNDO CITY COUNCIL MEETING DATE: March 2, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding an offer from El Segundo Kiwanis Club to
host and operate a "Beer Garden" at the annual Hometown Fair event and waive ESMC
section 10-1-4 D on Saturday, May 1, 2010 at Library Park from 12 to 4 pm.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Approve the offer to host and operate a "Beer Garden" from El Segundo Kiwanis Club
at the 2010 Hometown Fair event at Library Park on May I st.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Hometown Fair 2010 Event Map
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
YIN
ORIGINATED BY: Jeff Van Fossen, Interim Recreation Superintendent
REVIEWED BY: Bob Cummings, Recreation arks Director
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
In an effort to improve City sponsored events, the Recreation & Parks Department Staff are
always looking at new ways to provide the best experience possible to its residents. The past
several years have seen a decrease in attendance during the later hours of the Hometown Fair
event. It is believed that a "Beer Garden" may promote greater community involvement with
local organizations, as well as attract more participants for the event.
The El Segundo Kiwanis Club recently offered to host and operate a"Beer Garden" at the annual
Hometown Fair event on Saturday, May 1, 2010 at Library Park. This "Beer Garden" would
serve as a fundraising venture for the El Segundo Kiwanis Club.
In addition to the approval of the "Beer Garden" concept, El Segundo Kiwanis Club is requesting
that City Municipal Code section 10-1-4 D be waived to allow alcohol at a park facility for this
event. The El Segundo Kiwanis Club would be subject to compliance of state Alcohol Beverage
Commission regulations and would need to obtain a permit from ABC to operate.
The "Beer Garden" would be centrally located at the event next to the Gazebo (where the Bake-
Off Contest has been held in years past), with perimeter fencing to allow for greater control and
supervision (please see attached event map). The event is scheduled from 10 am to 4 pm;
however the "Beer Garden" would operate from 12 to 4 pm. Staff will continue to work with El
Segundo Kiwanis Club Secretary Dave Wagner on the logistics for the event.
The "Beer Garden" concept, along with the offer from El Segundo Kiwanis Club to host and
operate the "Beer Garden", was recently approved by the Recreation & Parks Commission at the
February 17, 2010 meeting. In addition, the El Segundo Kiwanis Club recently received
approval from City Council regarding a similar request for the 2009 Richmond Street Fair.
ATTACHMENT #1
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 2, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Receive and file report on recently accepted donation from El Segundo AYSO — Region
92 in the amount of $2,974 for the purchase of one new set of soccer goals for the
Campus El Segundo Athletic Fields.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Receive & file report on accepted donation from AYSO — Region 92 in the amount of
$2,974 for the purchase of soccer goals for the Campus El Segundo Athletic Fields.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. None
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jeff Van Fossen, Interim Recreation Superintendent
REVIEWED BY: Bob Cummings, Recreation & Parks Director •
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
Regional Commissioner Ricky Labayen from El Segundo AYSO — Region 92 contacted the
Recreation & Parks Department indicating that two (2) soccer goals at the Campus El Segundo
Athletic Fields were damaged and in need of repair or replacement. In addition, there was
concern regarding the existing goals and their potential for injury due to exposed hardware that
was unable to be repaired and/or covered effectively. Recreation and Parks Staff researched
several options for repair and ultimately recommended that the damaged goals should be
replaced.
All four (4) soccer goals have been replaced and AYSO — Region 92 recently offered to pay for
one full set. The goals that were selected are "top-of-the-line" Euro Goals from Sator Sports,
which are a premier soccer goal meant for professional tournament play. The goals will remain
portable with an optional wheel assembly and do not have any hardware that protrudes into the
area of play; therefore eliminating concerns with the previous goals.
-6�, D
The soccer goals were ordered and paid for in full by the City and AYSO — Region 92
generously offered to reimburse the City for half of the total cost. The assembly and installation
was coordinated and completed by the Parks Staff.
The donation from El Segundo AYSO — Region 92 was approved and accepted by the
Recreation & Parks Commission on Wednesday, February 17, 2010. Several Board members
from AYSO — Region 92 were on hand that evening as the Commission thanked and recognized
them for the league's contribution.