ORDINANCE 1481 ORDINANCE NO. 1481
AN ORDINANCE APPROVING ZONE TEXT AMENDMENT NO.
ZTA 12-04 AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15-
5G-2 AND 15-5G-9; AND DEVELOPMENT AGREEMENT NO. DA
12-03 (FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT
NO. DA 03-01; FOR THE PLAZA EL SEGUNDO
DEVELOPMENT.
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On March 15, 2005, the City Council approved a development
known as Plaza EI Segundo. Approvals for that development were
subsequently amended to allow for different types of uses
including, among others, Health Clubs and Fitness Center (2007);
Health/Skin Care and automobile sale uses (2008); fast food
restaurants, banks, dance/music studios (2009); and medical and
dental offices (2010);
B. On August 23, 2012, Street Retail, Inc. filed applications for an
Environmental Assessment (EA-993), a Zone Text Amendment
(ZTA 12-04), and a Development Agreement (DA 12-03), to add
4.988 acres to the approximately 8.1-acre property at the northeast
corner of Sepulveda Boulevard and Rosecrans Avenue (Phase 1 B
Project Site); to increase the size of the previously approved
shopping center by 49,613 square feet; a Zone Text Amendment to
add permitted uses and signs to the Commercial Center (C-4) Zone
that are permitted in the approved Development Agreement; a
Zone Text Amendment to increase the permitted size of general
office uses in the Commercial Center (C-4) Zone (ESMC § 15-5G-
2(B)) from 5,000 to 28,735 gross square feet (including the existing
general office area in Phase 1A); a modification to Development
Agreement § 4.1.3 to allow fast food restaurants within 90 feet of
Sepulveda Boulevard and Rosecrans Avenue; a modification to
Development Agreement § 4.2.2 to remove the size limitations for
retailers in the "Smaller Tenant Standards" for the Phase 1 B
Project;
C. On June 20, 2013, Street Retail, Inc. amended its applications and
filed additional applications requesting: an Adjustment (ADJ 13-03)
to allow: a) a curb cut width of 65'-7" and a driveway width of 33'-5"
on Sepulveda Boulevard and a curb cut width of 76'-7" and a
driveway width of 62'-11" on Rosecrans Avenue where a maximum
of 30 feet in width is permitted (ESMC § 15-15-5(0)(1)); b) a curb
cut that is located a distance of zero feet from the eastern property
line where a minimum of five feet is required (ESMC § 15-15-
5(0)(2)); and c) shared use of one large truck and 6 small truck
loading spaces for public/employee parking after 10:00 a.m. (ESMC
§ 15-5-7(A)(1)); 2) a Variance (VAR 13-01) to allow construction of
a retaining wall in excess of 6 feet to a maximum height of 12 feet,
with a 42' cable fence on top and to allow fill in excess of 6 feet to a
maximum height of 12 feet (ESMC § 15-2-4(B)(3)); 3) an
Administrative Use Permit (AUP 13-04) to allow a Master
Administrative Use Permit to allow the sale of beer, wine and
alcohol at 6 eating establishments and 5 kiosks for a total of 28,764
square feet of indoor floor area and a total of 5,912 square feet of
outdoor dining area for a maximum total of 34,676 square feet of
dining area. (ESMC § 15-5G-4); and 4) modification to conditions of
approval. If these matters are approved, the applicant proposes to
develop a 119,613 square foot shopping center, known as The
Point;
D. The applications from Street Retail, Inc. (collectively, the "project")
were reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and
conformity with the EI Segundo Municipal Code ("ESMC");
E. 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);
F. On August 15, 2013, the Planning Commission adopted Resolution
No. 2736 recommending that the City Council adopt this Ordinance;
and
G. This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, the public hearing
held by the City Council on September 3, 2013.
SECTION 2: Environmenta/ Assessment. Resolution No. 4838 adopted an
Addendum and a Statement of Overriding Considerations (SOC) for this Project
which, among other things, properly assesses the environmental impact of this
Ordinance, and the Project, in accordance with CEQA. This Ordinance
incorporates by reference the environmental findings and analysis set forth in
Resolution No. 4838.
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SECTION 3: Factual Findings and Conclusions. The City Council finds and
declares that the factual findings and conclusions set forth in Resolution No.
4838, adopted on September 3, 2013, are incorporated as if fully set forth.
SECTION 4: Zone Text Amendment Findings. Based on the factual findings of
Resolution No. 4838, as incorporated into this Ordinance, the proposed Zone
Text Amendment is necessary to implement the Project and to amend the
Commercial Center (C-4) development standards relating to permitted uses and
signs. Specifically, the Zone Text Amendment amends ESMC § 15-5G-2 relating
to permitted uses to increase the permitted size of general office uses in the
Commercial Center (C-4) Zone (ESMC § 15-5G-2(B)) from 5,000 to 28,735 gross
square feet (including the existing general office area in Phase 1A) and to add
several permitted uses to the Commercial Center (C-4) Zone that are permitted
in the approved Development Agreement. The added uses include: banks,
savings and loans and/or credit unions, not to exceed a total of 10,000 square
feet; day spas not to exceed a total of 10,000 square feet; dance and music
instruction studios not to exceed a total of 6,000 square feet; a farmer's market;
health and/or skin care services that are limited to non- invasive and/or minimally
invasive cosmetic medical procedures that may be rendered by licensed health
care professionals provided that such use does not exceed 3,000 square feet in
floor area and at least twenty percent (20%) of the floor area is devoted to the
sale of retail products; Indoor sale of automobiles, motorcycles, and motor
scooters along with the sale of accessories and parts as an accessory use.
Additionally, the Zone Text Amendment amends ESMC. § 15-5G-9 to permit a
maximum of one roof sign up to 450 square feet in that portion of the C-4 Zone
located south of the Union Pacific Railroad and north of Village Drive which shall
not count toward the maximum 15 percent (15%) permitted for store front
signage as specified in ESMC § 15-18-8(C); to increase the size of two ground or
monument signs from a maximum of 20 feet to 25 feet each permitted along the
Sepulveda Boulevard street frontage south of the Union Pacific Railroad; and to
add provisions for signs to the Commercial Center (C-4) Zone that are already
permitted in the approved Development Agreement.
SECTION 5: Zone Text Amendment. ESMC §§ 15-5G-2 and 15-5G-9 are
amended in their entirety to read as follows:
"15-5G-2: PERMITTED USES:
The following uses are permitted in the C-4 Zone:
A. Banks, savings and loans and/or credit unions, not to exceed a total
of 10,000 square feet.
B. Day spas not to exceed a total of 10,000 square feet.
C. Dance and music instruction studios not to exceed a total of 6,000
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square feet.
D. Farmer's Market.
E. Fitness centers (indoors only).
F. General offices not to exceed twenty-eight thousand, seven
hundred thirty-five (28,735) gross square feet.
G. Health and/or skin care services that are limited to non- invasive
and/or minimally invasive cosmetic medical procedures that may be
rendered by licensed health care professionals provided that such
use does not exceed 3,000 square feet in floor area and at least
twenty percent (20%) of the floor area is devoted to the sale of
retail products.
H. Indoor sale of automobiles, motorcycles, and motor scooters along
with the sale of accessories and parts as an accessory use. No
outdoor display or storage shall be allowed and no on-site repair or
maintenance shall be allowed.
!. Medical and dental offices, not to exceed five thousand (5,000)
square feet.
J. Pet supplies and services, including veterinary services.
K. Restaurants and cafes.
L. Retail sales uses (excluding off-site alcohol sales).
M. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 22 of this Title."
* * *
"15-5G-9: SIGNS:
Signs in the C-4 Zone must comply with requirements of Chapter 18 of this Title
except as specified below.
A. A maximum of three ground or monument signs not to exceed 35
feet each are permitted along the Sepulveda Boulevard street
frontage, north of the Union Pacific Railroad.
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B. A maximum of two ground or monument signs not to exceed 25
feet each are permitted along the Sepulveda Boulevard street
frontage south of the Union Pacific Railroad.
C. A maximum of two ground or monument signs (not including
wayfinding signs), not to exceed 25 feet each are permitted along
the Park Place street frontage.
D. A maximum of two ground or monument signs (not including
wayfinding signs), not to exceed 25 feet each are permitted along
the Allied Way street frontage.
E. A maximum of two ground or monument signs (not including
wayfinding signs), not to exceed 20 feet each are permitted along
the Rosecrans Avenue street frontage.
F. A maximum of one roof sign up to 450 square feet in that portion of
the C-4 Zone located south of the Union Pacific Railroad and north
of Village Drive which shall not count toward the maximum 15
percent (15%) permitted for store front signage as specified in § 15-
18-8(C) of this Title.
G. Parcels that are comprised of a minimum of 7.5 acres and that
have at least eighty percent of the floor area devoted to retail and
restaurant uses may have up to two light emitting diode signs ("LED
Sign") that do not exceed thirty (30) feet in height and sixty (60) feet
in width so long as: a) the signs only advertise businesses and
products (but only in conjunction with the name of the business that
sells the product) that are located on the parcel or display movie
projections and abstract videos that are not related to advertising
any product, or entertainment, retail or service use and (b) the sign
is oriented such that it is intended to be viewed by individuals
located on the parcel and not by individuals located in a public right
of way. Pursuant to a development agreement that covers multiple
parcels of property, and so long as the requirements of this
provision are otherwise met, the names of businesses and products
(but only in conjunction with the name of the business that sells the
product) that are located on parcels that are subject to the
development agreement may be advertised on a LED Sign located
on another parcel that is subject to the same development
agreement."
SECTION 6: Development Agreement Findings. Pursuant to City Council
Resolution No. 3268, adopted June 26, 1984, the City Council finds that:
A. The project is consistent with the objectives, policies, general land
5
uses, and programs specified in the general plan. The
Development Agreement would provide the following public
benefits in exchange for valuable development rights (eight-year
entitlement):
1. Development of a property that is currently vacant and
underutilized.
2. Increasing and further stabilizing the City's tax base through
development of new commercial businesses.
3. Increase in employment opportunities for the City's
residents.
4. Increasing the diversity of retail uses and services in the
City.
5. Increasing City revenues through the generation of taxes
that outweigh the City cost of services.
6. Development of a project that is consistent with the
Elements of the General Plan.
7. The project would reduce the maximum permitted floor area
ratio on the property from 0.6:1 to 0.275:1.
8. Improvements to roadways and intersections in the project
vicinity.
9. Expansion of the planned ITS network to make it even more
effective in relieving congestion.
10. Contribution of approximately $133,354 in police, fire, and
parks mitigation fees to offset the impacts of the project on
public services.
11. Contribution of approximately $879,452 in traffic impact
mitigation fees to offset the impacts of the project on public
roadway infrastructure.
12. Contribution of $25,000 for signage to enhance and promote
businesses in the Downtown Specific Plan Area of EI
Segundo.
B. Following implementation of the proposed Zone Text Amendment,
the project is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real
property is located. These uses and development standards are
similar and compatible with the other commereially zoned districts
in the City.
C. The project conforms with the public convenience, general welfare
and good land use practice. The proposed project permits a lower
floor area ratio than allowed under the prior M-2 zoning (0.275:1 vs.
0.6:1). The project would facilitate constructing public roadways,
through an irrevocable offer to dedicate land for public roadway
purposes. The project would also be designed to support and
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encourage public transportation uses and contribute to the
continued diversification of the southeast quadrant of the City by
providing a broad range of commercial uses.
D. The project will not be detrimental to the health, safety and general
welfare. The proposed project will not create any negative
environmental impacts, with the exception of traffic, operational and
temporary construction related air quality, and temporary
construction-related noise impacts, and cumulative solid waste and
traffic impacts. The City Council is responsible for determining if
there are overriding considerations, which outweigh the identified
unavoidable environmental consequences of the project.
E. The project will not adversely affect the orderly development of
property or the preservation of property values. The Commercial
Center (C-4) Zone development standards and development
agreement will ensure that the project will be developed in an
orderly fashion. All mitigation measures will be implemented at the
time and place impacts occur.
F. The project would also be designed to support and encourage
public transportation uses and contribute to the continued
diversification of the southeast quadrant of the City.
SECTION 7: The Amendment to the Development Agreement by and between
the City of EI Segundo, PES Partners, LLC, and Street Retail, Inc., as set forth in
attached Exhibit "A," and incorporated into this Ordinance by reference, is
approved. The Mayor is authorized to execute the Development Agreement in a
form approved by the City Attorney.
SECTION 8: Additiona/Approva/s. To the extent they are not otherwise adopted
or approved by this Ordinance, and subject to the conditions listed on attached
Exhibit "B," which are incorporated into this Ordinance by reference, the City
Council approves Zone Text Amendment No. ZTA 12-04 and Development
Agreement (Amendment) No. DA 12-03.
SECTION 9: Reliance on Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
project. The findings and determinations constitute the independent findings and
determinations of the City Council in all respects and are fully and completely
supported by substantial evidence in the record as a whole.
SECTION 10: Limitafions. The City Council's analysis and evaluation of the
Project is based on the best information currently available. It is inevitable that in
evaluating a project that absolute and perFect knowledge of all possible aspects
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of the project will not exist. One of the major limitations on analysis of the project
is the City Council's knowledge of future events. In all instances, best efforts
have been made to form accurate assumptions. Somewhat related to this are the
limitations on the City's ability to solve what are in effect regional, state, and
national problems and issues. The City must work within the political framework
within which it exists and with the limitations inherent in that framework.
SECTION 11: Summaries of lnformation. All summaries of information in
the findings which precede this section, are based on the substantial evidence in
the record. The absence of any particular fact from any such summary is not an
indication that a particular finding, is not based in part on that fact.
SECTION 12: Effectiveness of ESMC. Repeal or amendment of any
provision of the ESMC will not affect any penalty, forfeiture, or liability incurred
before or preclude prosecution and imposition of penalties for any violation
occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations
occurring before the effective date of this Ordinance.
SECTION 13: Memorialization. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of EI
Segundo's book of original ordinances; make a note of the passage and adoption
in the records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 14: Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the city council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
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SECTION 15: Effective Dafe. This Ordinance will become effective on the
thirty-first (31 st) day following its passage and adoption.
PASSED, APPROVED AND ADOPTED this 17th day of September
2013.
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Bill isher, Mayor
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO }
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby
certify that the whole number of inembers of the City Council of said City is five;
that the foregoing Ordinance No. 1481 was duly introduced by said City Council
at a regular meeting held on the 3rd day of September 2013, and was duly
passed and adopted by said City Council, approved and signed by the Mayor,
and attested to by the City Clerk, all at a regular meeting of said Council held on
the 17th day of September 2013, and the same was so passed and adopted by
the following vote:
AYES: Fisher, Jacobson, Fuentes, Atkinson, Fellhauer
NOES: None
ABSENT: None
gSTAIN: None
Tracy 1,N�a� , City Clerk
APPR E T � QRM;
Mark '.�H , fiy Attorney
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K rf H. Berger, A5 istant City Attorney
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CITY QF EL SEGUNDO
3S0 Main Street
Ei Segundo, Califomia 90245
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Aursuant to Government Code§b t 03
FYFTH AMENDMENT TU DEVELOPMENT AGREEMENT
BY AND AM4NG
CITY 4F EL SEGUNDO,
PES PARTNERS, L,LC
AND
STREET RETAIL, INC.
(AREA A)
THIS AGREEMENT MUST BE RECORDED WITHIN T6N DAYS OF EXECUTI�N BY ALL
PARTIES PURSUANT TO GOV�RNMENT C�DE §b5$b8.5
7'h�s insfinrm�nt filed #or recnra! by
Commvr�wealth Land T��l� Comper�y
a� an acxcmmvdaucrt an[y, rt has
n�t baen exam(qed es tc its exec�rtfan
ar as ta 1fs efFect�por�the t�tle.
7/2l]3 "`'�
�I�"TH AMENDMENT TO DEY�LUPMENT AGREEMEI�TT
This Fif�h Amend.ment ta Developmeat Agreement ("Fifth Amendment") is made and
entered into by and among the CTTY dF EL SEGUNDO, a general lav►� city and municipal
carporation ("City"); PES PARTNERS, LLC, a Delaware limited liability company ("PESP");
and STREET RETAIL, INC., a Ma�ryland corporativn ("Str�et"}, as of this �$±h day of
Q c�-ning r , 2013. Street and PESP ar� eollectively re£erred tv as "I]eveluper." City and
Develo�er are individually rcferred to as "Party" and coIlecti�►ely as "Par�.es." In car�,sideration
of the mutual covenants and agr�ements coritained iz� this Fit�h Amendment, aud in light af
Developer's application which was considered by Ciry cpncurrently with this Fifth Amendment,
City and Developer agree as follows:
1. e itals.
1.1 Unless ot�herwise specified the term "Dev�lopment AgreemenY' refers to
the Development Agreement �ntercd into between ths I'atties, �T theii' pzedeC85SOr5 in inteT85t,
an March 16,2005,its amendmen#s,and reSated ap�+tir�g M�morauda,
1.2 Osx December 30, ZO11, RSP2 executed ax� Assi�ziment and Assumption
Agreement ("Slreet Assignment"� whereby RSP2 conveyed to Street, in accordance with the
provisians of Section 3 of the Development Agreement, RS�'2's right, title and interest in and ta
tb.e Develapmant Agreement and the Project Approvals with respect to the Property cavered hy
the Developm�nt Agreennent.
1.3 On August 15, 2013 the Planning Commission held a duly naticed public
hearing an ttus �'ifth Amendment to the 13eveloprnent Agreemeut alon� with Developer's other
applications. •
1,4 On Septeznber 3, 20�3 the City Council held a duly noticed public hearing
on this Fif�h Amendment and Developer's other applications. At the conclusion of the public
hearing the City Council adapted Res�lutian No. 4838 approving the use of sn Addendum far
this proj�ct and introduced Ordinan.ce Na. 1481 appmving this Fiflh Amendment tc� the
1�GVC�'��ylilGi►i e�i�cui �a w��i � 7a::ri1W+...�°�S`,�17�:Y1e::�.^,�� C�b'.L*].'i��'.�^:.Cl�? ['�,'r��l� 1 �5_
SG-Z. On September 1'�, 2013 the City Council adopted Ordinance No. 1481, Ordinance No.
148 i became effective on October 18,2013.
1.5 Section 1 S of the Develapment Agreement provides for amendment of the
Development Agreement upon mutual consent o� the parties and in accordance with the
procedures estgblished by applicable Iaw. This Fifth Amendment was adopted in confornxance
with Govemment Gade §§ 6S86S, et seq.
1,6 4n Septem�er 3, 2013, the City Council c�rtified an Addandum ta the
Fina1 Envi�ronarental �pact Rep�rt ("�'EIR"). As set ,forth in that Addendum, no subse�uent or
supplenaental envirvnrnental impact repart is required before appxoving thzs Fif�h Amendmen�
2. Am�ndam�nt of Praperty Descri�ons. In order to incorporate aa additiona�4.988
acres inta tia,e description of tb..e Property, attached Exhibits A, B, and C amend, in their entirety,
71ZJ13
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the Depiction nF S�gments; Praperty Description; and Phase 1 B Praperty Description. Exhibits
A, B, and C are incorporated by this reference and supersede the previous exhibits as applicab[e.
3. Revised S�uare Foatage of the Project. 5ectians 1.2 a.nd 1.3 of the Development
Agreemeat are amen.ded to read as £allows:
1.2 After the varivus dedications are made for Phase I A, Phase 1 A consists of
approximately 33.55 gross acres of property. The total gross acreage of the Phase
1 A and Phase 1 B property is 51.7� grflss/46.60 net (after street dedications) acres,
as more specifically described by the legal description set forth in Exhibit "B"
(the"Property" or"Area A").
1.3 Developer desires to complete the development of Phase 1 B of the
Property so that the entire developarent for Phase 1A and Phase 1B wili consist af
a primarily retail complex, w�.ich will be camprised of approximately four-
hunclred ninety eight thousand, four hundred and forly-twa ( 49$,442) gross
square feet that will include large retail stares, specialty retail stores, sit-down
restaurants and nther uses (the "Proj ect"). Phase i B will consist of one hundred
nineteen thousand, six hundred and thirteen (119,613) gross and one hundred nine
thousand, five hundred seventy five (104,575) net square feet, as more
specifically described by the legal description set forth in Exhibit"C" (the "Phase
1 B Property°,).
4. Section 1.4 of the De�elapment Agreement is amended to read as fallows:
1.4 City has certified a Final Environmental Impact Report for Environmental
Assessment No. 631 (SCH No. 2003121037) {the "EIR"), and has approved the
Mitigation Monitoring Plan for the EIR; General PIan Ame�dment No. 03-04,
Zon� Change No. 03-02, Tane Text Amendment No. a4-1, Subdiuision Na. 03-07
(Vesting Tentative Tract Na U6Q634), and Davelopment Agreem�nt No. 03-l�the
foregoing aze collectively referxed to as the "Uriginal Project Approvals").
Goncurr�ntly with the City's approval of the Original Project Apprr�als, City has
. r rti t n�--- ♦ ----'-1---'--. t n� a 7_�_ !'�L T 1 9 J
a�so, as par� oz ��n�rai rian .ym�numen� i�1v. ��-�, LVIIC 411'c�Il�ljC I�V V. 0�-� ai►u
Zone Text Amendment No. 04-1, re-designated and rezoned otk��r property in the
vicinity of the Property with a "Commercial Center (C-4)" land use and zoning
designation (the "Other C�4 Property") a partion of which (approximately 13
acres)Developer has an option to acquire from property owner and the balance of
which(approxirctately 42 acres) is owned by third parti�s. .
1.4.1 On July 3Q, 2407 City approved a First Amendment ta the
Develapment Agreennent allowing additianal uses.
1.4.2 On March 4, 2008 City approved an Addendum to the Origina!
EIR and also approved a Second Amendment to the Development Agreement,
revised conditions of appraval, and zone text amendments ta Chapter 15-5 of the
Ei Segunda Municipal Code which increased the size af the Phase i B Property
allowed development among ather changes.
?/2/I 3 -2-
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1.4.3 On March 22, �010 City approved a Third Amendment to the
Dev�lopment Agreement related to the allowed uses.
1.4.4 On August 17, 2010 City approved a Fourth Amendment to the
Development Agreement allowing additional uses and making chamges to Chapter
15-5 of th� El Segundo Municipal Code.
S. Section 4.1.3 of the Development Agreement is amended to read as follows:
4.1.3 Fast Food Restaurants. Unless such use is incidental to the primary
business of an oecupant of a building, "Fast food" restaurants are prohibited in
F'hase ]A within l 50 feet of Sepulveda Boulevard and in Phase 1 B within ninety
{90) feet of Sepulveda Boulevard or Rosecrans A�enue. "Fast food" restaurant is
defined as "A restaurant where custamers purchase faad and beverages and either
consumc the foad and beverages on the premises within a shart periad af time or
take the faod and beverages off the premises. Typical ehazacteristics af a fast
f'aod restaurant include, without limitation, the purchase of food and beverages at
a walk-up windaw or counter, no table service by a server, payment for food and
beverages priar ta consumption, and the packaging of faod and beverages in
disposable containers. �1 restaurant is not considered a fast food ar take-out
restaurant solely on the basis of incidental or occasional take-out sales,"
6. Section 4.2.2 of the Development Agreement, as interpreted by Operating
Meznorandum No. 1, is amendec! to read as follaws and Sectian 6 of the Second Amendment
making the Smaller Tenant Standard applicable to Phase iB is deleted:
4.2.2 Limitatians an Minimum Square Faota�e of Buildings and Space.
Except with respect to the two restaurants identified 'tn Section 4.1.5
above, a maximum of 75,Q00 square feet of the allowable buildir�g area
allowed on the Property aan �e developed andlor utilized for uses that
occupy less than�,004 square feet of building space. With. respect to such
7�,�7uu squaxe ieei, a maximum oi a ouilding pads �exciusive oi tne "r uii
Service Restaurants" referred to in Sectian 4.1.5 alaove) may be fess than
4,4Q0 square feet each. Moreo�er, no building pads on the Property may
be less than S,OOQ syuare feet in size. Additionally, with respect to the
75,040 square feet, only those uses identified on Exhibit "B" to Operafing
Memarandum Nc�. 1 are allowed to occupy less than 1,SQ0 square feet of
building space or uses which are the reasonable equivalents of the specific
businesses listed in Exhibit "B" to 4perating Memorandum No. 1 as
determined by the Planning and Building Safety Director in his or her sole
discretion. In addition, the Deve�oper may request that the City Council
approve of deviations fram the restrictians set forth in this Se�tion 4.2.2
and the City Council may approve or deny such requests in its sole
discretian. As used in this Agreement, the term "building pad" means the
tatal ground floor acea of any individual building constructed on the
Progerty-
71z/l� -3-
4.2.2.1 Notwithstanc�ing the above, the 75,Q00 square foot maximum
a.r�d the Smaller Tenant Standar.ds set forth in the Development
t�greement and Operatin� Memorandum No. 1, do not apply to
the Phase 1B development. �Iawever, all other requirements af
the Development Agreement and the Conditians af Approval,
apply with respect to tl�e entire Yroject.
• 7. Notice. Sectian 1.9 of the Development Agreement is amended by changing the
Notice to Developer to read as fallows:
if to�ev_elo�er: Street Retail, Inc.
Baris [pekar, Legal Caunsel
1626 East Jeffersvn Stre�t
Rockville,MD 20852
V�ith�vnv to: Federal Realty
Jeff Chambers
2Q41 Rosecrans A�enue, Suite 245
El Segundo, CA 90245
8. Amendments to Exhibit "D" Conditions a£ Approval. In connection with the
d�velapment of the Phasa iB Property, the Conditians of Approval are amended as set forth in
attached Exhibit"D," which is incorporated by reference.
9. Remainder af ]]�v_elopment A�reement fo_Remain in F��vr�e and EffeGt.
Except as set farth in t,his Fifth Amendment, all terms and conditions of the Development
Agreement remain in fu11 force and effect.
IN WITNESS WHEREOF, Develaper and City have executed this Fifth Amendment on
the date first above written.
C[TY:
CITY OF EL SEGUNDQ, a municipal co oratian
�
By:
N e: $il] Fisher
Title: Mayor
AT'1�ST
By: � �i✓
Iwame: T'racy Wea
Tirl�; City Clerk
��zi�� -4-
APP U AS TO�
By:
Name: ark Hensiey
Title: City �ttorney
PESP
PES PARTNER5, LLC, a Delaware limited l.iabifity
company
By: Roseerans-Sepulveda Partners 3, LLC,a Delaware
limited Iiability campany
Its: Sole Member
By: Street Retail, Inc.,a Maryland corporation
Its: Manag�r
gy.
Je ey . ke ice President -
�Iest� � ��icn
STREET
S'TREET ItETAI , ., a Maryland corporation
By:
JefFr y . e s, ce Freszdent-- t m Regic�n
_5_
Ockober 30, 2013
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEG�C.JND� }
On Qctober 28, 2�13, before me, Cathy Dornann, Deputy City Clerk, personally
appeaxed BiII Fisher, Mayor for the City oF El Segundo, who proved to me on the
basis of safiisfactory evidence to be the person whose nanne is subscribed to the
within instrument, and acknowledged to me that he executed the same in his
au�horized capacity, and tha� by his signature on the instxument the pezson, or
entity upon beha�f af which the persons acted, executed the instrumen#.
I certify under the Penaliy af Perjury under the laws o£ the Sate of Califc�rnia that
the fqregoing paragraph is true and correct.
Witness my hand and �ffieial Seal.
���
Cathy Da Deputy City Clerk II
State of California }
�ounty oF�,�. I��c�..)
Qn Q��Uf�A' d�R��, , b�fare me, � ,Notary Public,
(here insert name and title of the af�cer)
personaliy appeared_ � _.� �?�' S ,
who prov�d to me on the basis satisfaetory evidence to be th� person(s) whose name(s)�7are
subscrihed ta the within instrument, and acknawledged to me fhat helshe/they executed the same
in his/her/their authorized capacity(ies}, and that by his�er/their signature(s) vn the instrument the
person(s), ar the entity upon behalf af wh.ich the person(s) acted, executed the instrument.
I ceRify under PEIVALTY OF PERJURY under the Iaws af the State of California that the
#'oregoing paragraph is true and cortect.
WITNESS my hand and official seal.
sr�tut�n�+mu�w
� �'� �
Signatu.re,���g. �+°��_.e� _.__ ���+►►cau�rr -►
Comra d�l.Y1 �DFB (seal}
5tate of California )
County af )
Qn ,before me, , Natary Public,
(hcrc insert nomc and title oi t}1c nfficcr)
personally appeared ,
who proved to me on the basis of satisfactory e�idence to be the person(s) whose name{s} is/are
UN}`5�;:�"� .L' �.�1� !'!';±�'il:: ?iZS�.''i:.t3lPFbr, a�r� a��cnnw�pr��aPt� fr,� �nP t}'}?f }1P.IC�1P.lt�'1P.V P.XP['litP_.l� fF1P C�iT'1�'.
in his/lzer/their authorized capacity(ies), and.that by his/her/their signature(s) on the insm�ment the
petson(s), or the �ntity upon behalf of which the person(s} acted, executed the instrument.
I certify under PENALTY OF PERNRY under the laws o�' the State o� Califomia that the
foregoing paragraph is�rue and correct.
WITNESS my hand and official seal.
Signature
(seal}
7/2!l 3
State of Californza )
Cout�ty of )
On , _, before me, ,Natary Public,
(tterc insert namc and titic of thc�fficcr)
personally appeared �
who proved to me on Che basis of satisfactory evidence to be �e persvn{s} whvse name(s) islare
subscribed to the w�ithin instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity{ies), and that by his/her/their signature(s)on the instrument the
person(s),Qr the ent�ty upon behalf ofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJCJRY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Szgnature
(seal)
State of California }
County of )
4n , before me, , Notary Public,
(here insert namc and title of thc o1'ficer)
personally appeared
wha proved to me on th� basis af satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his�er/their authorized capacity(ies), and that by hismer/their signature(s) on the instruxnent the
nersonlsl, or the entity unon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY UF PERJURY under the �aws of the State of California that the
faregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seat)
7/2/13 '2-
�
State of Calif'ornia )
County of }
On , before me, , Notary Public,
{here inseri namc and titic of tkic of�icer)
personally appeared
,
who proved to me on the basis of satisfactory evidence #o be the person(s} whose nam�{s} is/are
subscribed ta the within instrument, and acknowledged to rne that he/she/they executed the same
in hisJher/their authorized capacity(ies), and that by his�herltheir signature(s) on the instn�ment the
person(s},or the entity upon behalf of which the person(s} acted, executed the instrument.
I cerlify under PENALTY OF NERJURY under the laws of the State af California that the
fore�aing paragraph is true and correet.
WITNESS rny hand and o�'ficial seal.
Signature
{seal)
7/2/13 �3�
�
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EXHIB�T B- LEGAL D�SCRIPTION
PHASE �
LOTS 1 THROUGH 17 flF VESTING TRACT N0. 61fi30, IN THE CITY �F 6L SEGUNDQ, COUNIY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP AILED IN BO�K 137D, PAGES 41 THROUGH 51, OF MAPS,
IN THE OfFICE OF THE COUNTY REGIS7RAR-RECORDER/COUNTY CLERK OF SAID COUNTY.
70GETH6R WITH •
PARGEL 1 OF 7HE DOtUMENT ENTI7L�D "CERFIFICATE OF COMPLIANC� R�QUEST FOR CER7IFICATE OF
CQMPLIANC�CITY OF EL SEGUNDO", IN THE C1TY OF EL SE�UNDO, COUNTY OF LOS ANGELES, STAT�OF
CALIF�RNIA, RECORDED_„ , , 2013, A5 INSTRUMENT NO. 2013_ _ OF
OFFICIAL REC�RbS, IN THE OFFICE OF TH�COUNTY RECORDF]R OF SAID COUNTY.
ALI. AS DEIPICTED ON "EXHIBIT 6 - PLAT", ATfACHED HER�TO AND BY TMIS REFERENCE MADE A PART
WEREOF.
THIS D�SCRIPTION WAS PREPARED BY ME, OR UNOER MY DIRECTION, 1N C�NFORMANCE WITH THE
PROFESSIONAL LAMO SURVEYDR'S ACT.
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EXHIBIT C— LEGAI. DESCRIPTION
PHA5E 1B
PARCEL 1 OF THE DOCUMENT EN71TLEp "CERTIFICATE OF COMPLIANCE REQUEST FOR CERTIFICATE OF
COMPLIANCE CITY OF ELSEGUNDO", IN THE CITY OF EL SEGUNDO, C�UNTY�F L�5 ANGELES,57ATE OF
CALIF�RMIA, REC�RDED , 2013, AS 1NSTRUMENT NC}. 2013_ _ OF
OFFICIAL RECORDS, IM11 THE OFFICE�F THE COUNTY REC�RDaR OF SAID CC}UN7Y.
ALL AS D�PICTED (}N "EXHIBIT C - PLAT", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF,
THIS DESCRIPTION W?�S RREPARED BY ME, OR UNDER MY QIRECTION, IN CONFORMANCE WE7H THE
PFiOF�55�04VAL LAV�D 5�1RYEY 'S ACT,
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EXHIBIT D
�MENDMENTS TO CONDITI(7NS OF APPR�VAL
The Cand�ians of Approval ti�at were appraved by the City Council on
March 15, ZQ05 as part of Ordinance No. 1382, as revised by the Conditions of
Approval tha# vvere approved by the City Council on March 4, Zaas as �art o�
Ordinanee No. 1417 (t�e "Second Amendment") {coliectiveiy, the "Conditions of
Appro�al"} are hereby amended as follows:
(n addition to all applicable pravisions of the EI Segundo Municipal Code
("ESMC"), Street Retail, Inc. and PES Partners, LLC, the praperty owner(s) and
their successors in int�rest, agree ta comply with the following provisions as
conditions for fhe City of EI Segundo's appro�al of Environmental Assessment
No. 993, Zone T�xt Amendment No. 72-04, Amendment to Development
Agreement No. �2-03, Adjustment No. 13-U3, Variance No. 13-0�, �nd
Administrative Use PermEt No. 13,04 ("Project Conditions").
�. A11 mitigation measures in the Final Environmental Impact Report SC( H Na•
2�03121037� that are reflected in the Mitig�tion Monitaring and Reporting
Program #ar fihe proposed SepulvedalRosecrans Site Rezoning Reduced
Traffic Generation Alternative and Plaza EI Segundo Development Reduced
Traffic Generation Alternatide are incorporated by this reference inta these
conditions of approval.
2. All conditions of approval �f Environmental Assessment Na. 631,
Development Agreement No, a3-1, General Plan Amendment No. 03-4 � 03-
5, Zone Change Nv. 43-2 8� OS-3, Zone Text Amendment No. 04-1, and
Subdivision No. 03-7, except as modified below.
3. �ii cvna�iiv��s �T dNpi��d� ui ��ivi��i�ri��izi�i r,sa���rc��t i.�. rv�, LVIIG T��
Amendment Na. Q8-p1, and Developmen# Agresment No. Q7-03, except as
modified befaw.
4. Conditian No. 2 of Council Resolution No. 4415 is amended in its entirety to
read as follows;
DEFINlTiONS
Unless the cont�ary is stated or ciearly appears from the context, the following
definitions will govern the construction of the words and phrases used in
these conditions.
A. "P.B.S. Direc#or" means the City of Ei Segundo Directar of Planning and
Building Safety, or d�signee.
�
B. "EIR" means the Final Environmental Impact Repart for the proposed
Sepul�eda/Rosecrans Site Rezoning and Piaza EI Segundo development
project (SCH Na. 2003�21037), EI Segundo, Califorriia.
C. "ESMC" means the Ei Segunda Municipal Code,
�. "Development Agreement" refers to Development Agreement No. 03-1
and any amendments thereto.
E. "Projecf Area" refers to each of the developaale lots on the Piaza EI
Segundo development Project Site as shown on Vesting Tentative Map
No. 061630 in the City vf El Segunda, County of Los Angeles as per map
filed on June 6, 2Q12, Book 137Q, pages 41-51,and refers to Lat 1 of Lofi
Line Adjustment No. 13-Q4 as reflected in that Certificate af Compliance,
in the City of EI Segundo, County of Los Angeles, State of California,
recarded on July 29, 2013, as Instrument No. 2Q13-1145767, of official
records i� the office of the County Recorder of said County.
F. "Project S�te" refers #o the 51,7 gross/46.6Q net (after street dedications}
acre site generally located south of Hughes Way, east of Sepulveda
Boulevard, west of Nash Street, and north of Rasecrans Avenue.
E-1."Project Site Phase 1B" refers to the 93.050 gross/12.fi3 net-acre site as
shawn as Lat 1 of Lot Line Adjustment No. 13-Q4 as reflected in that
Certificate af Compliance, in the City of EI Segunda, County of Los
Angeles, State of Cali#ornia, recorded an Ju1y 29, �013, as lnstrument No.
2013-19 0�7fi7, of official records in the office of the Caunty Recorder of
said County, generally located south of the Univn Pacific Railroad, east of
Sepulveda Boulevard, west o# Dauglas Street, and north of Rosecrans
AVenue.
E-2. "Phas� 1A" refers to #he partion of the Praject Area located north af the
Union Pacific Railroad right-of-way.
E-3. "Phase 1 B" refers to the portion of the Praject Area located south of the
Union Pacific Railroad right-of-way.
G. "Sepul�edalRosecrans Rezoning Site" refers to the approximately 11U
acres generaEly located south of Hughes Way, east of Sepulveda
Boulevard, west af Daugfas Street, and north of Rosecrans Avenue which
is the subject of a General Plan and Zoning Code Amendment that is
being considered concurrently with the land use entitlements far the
Projec�Area and the Project Site.
�
H. Except as otherwise specified in these Canditions of Approval, conditions
must be satisfied before the issuance of a Buiiding Permit for each
building within the Project Area.
AESTHETlCS
Sians
5. Ca�dition No. 9.B-9 of Council Resolution No. 4415 is amended to read as
fo1laws:
Not withstanding any other provisions in the ESMC, a maximum of two
ground or monument signs with a maximum height of �5 feet each are
�ermitted �long the Sepulveda Boulevard street frontage of the Praject Area
south of the Univn Pacific Railro�d;
6. A new Condition No. 9.8-2 is added to read as follows:
"Notwithstanding any other provisions in the ESMC, one roof sign with an
area up #o a maximum of 45p square is allowed in the Phase 1 B area. The
area of s�id roof sign is nat included in the maximum permitted freestanding
building or store front sign area. Additional roof signs must comply with the
maximum permitted store front sign area (fifteen (15°10} percent of the face of
each shop front)."
FIRE
7. A new Conditian No, 13.A is added to read as follows:
"The applicant must com�ly w�th the applicable �equirements of the 2q�4
Califarnia Building and Fire Codes and the 2009 International Fire Code, as
ad�pt�; �� #h� ��l�"C, Th� �i;�, .���l� aWopt th°c �v�v ��,!B#o,^,�i� Build;n� �r��
Fire Cades, effective January 1, 2p14. All permits issued after January 1,
2�'!4 must comply wifih fihe requirements of the 2013 Editions, as adopted by
the ESMC.."
8. Condition Na. 15 of Cauncil Resoluti�n No, 4415 is amended in its entirety to
read as fo{lows:
"Before the City issues a building permit, the applicant must provids Fire Life
Safety Plans ta the PBS Directot and the Fire Chief far review and approval,
which include, withvut limitation, the following:
A Fire lanes,
B Fire lane signing,
C Fire lane access easements or other recorded documents to the
reasonable satisfaction of#he City Attomey,
D Fire lane accessibility,
E Gas deteetion systems,
F Minimum 2�cceptable flow from any fire hydrant must be 2,5U0 gallon per
minu#e, calculated at 2� psi,
G Sprinkles within structures Underground looped �ire mains, sprinklers, fire
pumps, and�ire alarms,
I Emergency generators,
J Any abo�e ground or underground storage tanks including elevatar sumps
and condensa#ion tanks,
K Documentation that the on-site fire mains will be maintained,
!. Fire safety precautions durir�g demolition and construckion,
M Emergency site access during construction,
N Permanen#fire department access,
4 Fire hydrant iocations,
P Any proposed fire sprinkler and fire alarm systems, and
i� �eT6�e �n� ��ty i5��;e� d C:GI�11114a�1C u� ��cvpar��y, th� appl��a�� r�u�►
demonstrate to the Fire Department that the development cdmplies with
the Fire Life Safety P�an, and that any requirec! easements were praperly
dedicated and recorded."
9, A new Condition No. 1fi.A is added tv read as follows:
"The applicant must provide an automatic fire sprinkler system throughout
each building, installed in accordance with Califarnia Fire Code Chapter 9 and
the currently adopted edition of NFPA 13.°
10.A new Cond�tion No. 16.B is added to read as follows:
"The applicant must provide an autamatic fire alarm system throughout each
building, ins#afled ir� acc�rdance with California Fire Code Chapter 9 and the
currently adopted edition of NFPA 72."
11.A new Condition No. 16.0 is added to read as follows:
"The applicant must provide a certification from the underground petroleum
pipefine owner/operator that the proposed pr�ject will not encroach into any
faundations or structures within the pipeline right-of-way withvut the
underground petroleum pipeline ownerloperator's approval. The cerkffication
must be provided with the initial plan review documents."
12.A new Canditian No. 16.D is added to read as follows:
"There is a railroad right-of-way on the narth side ofi the property. Access
doors and ladders with a maximum 3d0-faot spacing must be provided to
provide access to the railroad right af way in case of a train derailment or
incident to the satisfaction of the Fire Depa�tment. The access doors and
ladders must ha�e approve� Knox Company Knox Padlocks installed."
13.A new Conditian Na. 16.E is added to read as foilaws:
"(f any fire features are propased for the project, the applicant must provide
the following conditions for any fire feature:
i. A barrier must be pravided around the fire feature to prevenk
accidental access to the fire fea#ure.
ii. The distance between the fire feature and combustible materiai and
furnishings must meet the fire feature's listing and manufacturer's
requirements.
iii. If the frre feafiure's protective barrier exceeds ambient
temperatures, all exit paths and occupant seating must be a
minimum 36 inches from the fire feature."
14.Conditipn No. 19 of Council Resolution No. 4415 is amended in its entirety to
read as follows:
NPursuant to ESMC §§ 15-27A-1, et seq., and before building permits are
issued, the applicant must pay a nne-time �te services mitigation fee as
provided in City Council Resolution No. 4687."
/ `��
�
POLICE/SAFETY
15.Condition No. 27 of Council Resolution No. 4415 is amended in its entirety to
read as follows:
"Pursuant #o ESMC §§ 15-27A-1, et seq., and before building permits are
issued, tt�e applicar�t must pay a one-tim� police services mitigation fee as
prvvided in City Council Resolution Na. 4�87."
16.A new Condition No. 27.A is added to read as failows:
"The applicant must provide, at no cost to the City of EI Segundo, a minimum
af 24Q square feet of office space to be used by the EI Segundo Police
Department as satellite office space to pro�ide Poiice services on the east
side of Sepulveda Boulevard."
PROJECT QESCRIPTION
17.Condition No. 29 of Council Resolution No. 4415 is amended #o read as
follaws:
"The Plaz� EI Segc�ndo de�elopment project is allowed to develop up to a
maximum of 498,442 gross square feet including a maximum of 119,�13
g�oss/109,57� ne# square feet far the Plaza EI Segundo Phase �B
develapment project, consis#ing af a combination af uses as permitted by the
Plaza EI Segundo Reduced TrafFc Genera#ion Alternative described in the
Final EIR, the C-4 Zone and as limited by the Development Agreement as
Iong as the #otal AM, PM peak, dailyt and Saturday midday peak trip
generation es#ablished in the EIR for the Plaza EI Segundo development
praject as a �vhole is not exceeded.°
'!�.�0�"3�l±l�"', A:,^.. �fl nf ["'_O�'r�^.:� ReS�J�'Jtlw^ �O. dd1��, !� a!'?�AnrlArl in i#g prytirAfir fn
read as foliows:
"The maximum project size may �e reduced as determined by the veh+cfe trip
generation for each use. The SepulvedalRosecrans Si#e Rezoning and Plaza
EI Segundo deveiopment praject permit the fal�owing vehicle trips:
MAXIMUM PERMITTED AM PM Dail ���urday
TRfPS y Midda
Sepufveda/Rosecrans Site 1,433 2,346 25,859 3,379
Rezonin
Plaza EI Segundo 779 1,477 16,fi45 2,205
Devela ment Project
�
The trip generatian for each use and �uilding must be determined using the
ra#es, including the internal capture and pass-by discount rates, as set forth in
the mos# current edition of the lnstitute of Traffic Engineer's Traffic General
Manual, Trip ad�ustments far internal c2�pture and pass-by reductions will be
in accordance with the adjustments in the Traffic Impact Study in the FElR
(EA No. 631) approved on March 1, 2005. Trip adjustments for transit credit,
will be in accordance with the adjus#men#s in the Traffic Impact Study in the
Addendum to the FEIR (EA No. 768) approved on February 19, 20�8.
DEDICATI4NS AND FEES
�9.Condition No. 34A of Council Resolution No. 4415 is added to read as
follows;
"The applicant must provide either 1) an irrevocable offer to dedicate a
maximum of a six-foat wide bicycle lane ta be located along the entire
Rosecrans Avenue frontage of the subject property; or 2) a maximum of six-
foot wide �asement for a bicycle path to be Iocated in the landscaped #ront
setback of the subject property in compliance with the Circulation Element of
the General Plan and South Bay Bicycle Plan to the satisfaction af the Public
Worlcs Department and the Planning and Building Safety Department. The
exact alignment will be determined by the Public Warks Department and th�
Planning and Building Safety Department. Altern�tively, if the Public Works
Department and the Planning and Building Safety Department determine that
it is infeasible to prowide a bicycle lane or bicycle path on �ny vr all vf the
Rosecrans frontage, signage and striptng as a bicycle raute may be required.
Tl�e City has the �ight to exercise its righ# to accept the property subject to the
offer of dedicatian on or after, the earlier of, October 17, 2018, or 15 years
following the date on which the certifrcate of occupancy was issued for the
Iast building on the �roperty."
Lv.i,Ui�c�i�ivi� i�[�. jU u` uviiiii.ii °2�t�i'�fi�iiii i`'v. '�r��i v i� c'�ii';@iit�i@L�i 'i' '�^5 °•,+;rc+�. �.,
i � � w�► ivar v
read as fallaws:
TRANSPORTATI�NlGiRCULATI4NIPARKING
21.Condition No. 61A is added ta read as follows:
Before the City issues a certificate of occupancy fvr any building constructed
south of tP�e Union PacificlBurlington Northern Santa Fe Railroads, the new
on-site and off-site roadway impro�ements, including any medians, sidewalks,
curbs, and gutters must be constructed in accordance wi#h applicable
�eparkment of Public Works construction standards for a public roadway with
the minimum dimensions required by the Circulation Elemen# of the EI
Segundo G�neral Plan to the satisfaction af the Qirector of Public Works and
the Qirector of Planning and Building Safety, and must comply with appficabls
�
requirement� of the Americans with Disabilities Act (ADA), as well as City
requirements for traffic signage, street lighting, drainage plans, and
underground utility service, subject to the re�iew and approval of the Director
af Pubiic Works. Additianally, the roadway improvements along Rasec�ans
Avenue must be consistent with the design analyzed in the Addendum to the
FEIR, inclu�ing, but nat limited to the lane configurations, deceleration lane
design at �Ilage Qrive, and lengths of left turn pockets at Rosecrans Avenue
and Sepulveda Boulevard and at Rosecrans Avenue and Village Dri�e. The
application must be responsible for the design and constructio� of the new
raadways.°
WATER
22.Canditian Alo. 100 of Council Resolution No. 4�42 is amended to read as
follows:
"Water mekers must be pro�ided for each Iot by the applicant in accordance
with City pnlicies a�d approved by the Water Division before installation. This
condi#ion dves not prahibit the use of private water meters for individual
buildings or individual tenancies."
ADMINiST�tATIVE USE PERMITIAL�OHOL SERVICE (F4R PHASE 1 g)
23.New Conditions 1�1 through 120 are added to read as follows:
101. The proposed hours of operation and hours of alcohol service for the
restaurants and kiosks, including the outdoor dining patias are lirnited ta:
Sunday through Thursday from 10:00 a.m. to 12:00 a.m. and Friday
through Saturday from 'fD:00 a.m. to 2:QQ a.m. Food service must be
available ir� the indoar dining areas and the outdoor patios du�ing the
iZ'ii.1i5 vi t��iGi�tit�ii r�i1u a�i.i3i9tii Sr'ci'v'ii.�. r�ii�y 4�aii.�,@ t: �h@ !�L'lJ� L;f
oper�tion or the haurs that alcohol may be served is subject ta review
and approval by the Director af Planning and Building Safety.
1Q2. Up ta a maximum of 12,OOQ gross square fe�t of restaurant space may
open as early as 6:04 a.m, daily for breakfast service.
103. Any subsequent modification to the project as appro�ed in #his
Administrative Use Permit, incfuding th� floor plan and areas where
alcoho! wilf be ser�ed, andlor the conditions of appro�al, must be
referred to the Direc#or of Pfanning and Building Safety for approvai and
a determination regarding the need for Planning Commission review of
the praposed mod�cation.
��
104. The appiicant must obtain and maintain all licenses required by the
Alcoholic Beverage Control Ac# (Business & Professions Code §§ 2330�
ef seq.y. The app�icant must obtain and maintaEn a Type 41 license.
105. The restaura�t operations must comply with ESMC §§ 7-2-1, ef seq.
regulating noise and vibratton.
106. The Planning and Building Safety Department and the Police
Depafinent must be notified of any change of ownership of the
approved use in writing within 1� days of the completian of th� change of
vwnership. A change in project ownership may be cause to schedu{e a
hearing before the Planning Cammission regarding tf�e status of the
administrative use permit.
107. The applicant must camply with all regulations of the Alcoholic Beverage
Control Act and the reguiations promulga#ed by the Alcoholic Beverage
Cantrol Board including, without limitation, the regulations set forth in 4
Cal. Code of Regs. §§ 55, ef seq.
1 Q8. The applicant must post a sign in a alear and canspicuous location listing
a phvr�e number at which a respons+ble party may �e contacted during
all apen hours of the establishment #o address any concerns of the
community regarding noise in #he restaurant, patio and parking lot. Said
contact's name and phone number must also be available thraugh the
restaurant stafF at all times.
109. The ap�licant must, at all times, dispiay a Desigrrated Driver sign of at
least ten inches by ten inches t10" X 14") 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 cannot be exterior advertising of any kind or type, including
ad�ertising directed to the exterior f�om within, promoting or indicating
the a�ailability af alcoholic beverages. Interior displays of alcohalic
beverages whFCh are clearly �isible to the ex#erior constitute a violation
af this condition,
111. All employees ser�ing alcoholic be�erages to patrons must enroll in and
complete a certified training program appra�ed by the State Department
of alcohofic Beverages Contral (ABC} for the responsible sales of
alcohol. The training must be offered to new employees on not less than
a quarterly basis.
112. Any and all employees hired to sell alcoholic �everages must pravide
evidence #hat they have either:
� o
a. Completed training from the St2te of California Department of
Aicoholic Beverage Control (ABC}, Long BeachlLakewoad District
Oifice administered Licensee Education on A�cohol and Drugs
(LEAD) Program; or,
b. Comple#ed an appro�ed equivalent (LEAD) training pragram
admir�istered by the ABC, Long BeachlLakewood District OfFce to
ensu�e proper distribution of alcoholic beverages safely, responsibly
and to adults of legal age. Any future employee designated to se1!
alcoholic beverages on hehalf of the licensee or applicant must
obtain a certificate proving completion of the (LEAD} #rainFng; and
c. The licensee or applicant must confirm with the Planning and
Building Safety Director, or designee, within fifteen (15) days of the
Director's decision as to the approva� of the application, or by final
project approval, that a date certain has been scheduled with the
local ABC Office to complete the LEAD training program.
d. Within xhirty (3a) days of #aking said cvurse, the employees, or
responsible emplayer must deiiver each required ce�kificate showing
completipn to the Police Department.
113. The applicant must have readily identifiable personnel to monitar and
control the behavior of customers inside the buil�ing premises. Staff
must monitor activity vutside in the parking lot and any adjacent property
under the establishment's contral to ensure the areas are g�nerally fre�
of people and are cleared of patrans and their vehicles one-ha[f hour
after closing.
114. lf complaints are received regarding excessive noise, parking availability,
�Ig�l[iil�, �'lii��]iiiy �V[.�a>, a�u t�c �i�e a„���ate� �i�h �i�'ie resta�rar�ts an�
the outdoor patio areas, the city may, in its discretion, take action to
review the Administrative Use Permit, including without limitation, adding
conditions or re�oking the permit.
115. The outdoor dining/seating areas must camply with ESMC § 15-2-16.
�16. The applicant must install security cameras for monitoring and recording
ackivity, which include, without Eimitation: cash handlinglcounting areas,
the manager'S office, the safe, all access doars, and any other a�eas
deemed necessary by the Police Qepartment. Monitoring and recarding
equipment must be stored in a secure area �e.g., manager's offce).
197, Before a building permit is issued, a schematic plan af #he camera
system must be submitted and approved by the Palice Chief, or
�
designee. The camera specification notes must be included on the
schematic plan.
118. Before a building permit is issued, the minimum camera requirements
must be listed on the building plans with the camera specifications and
include the following:
a. All security surveillance cameras must be installed td record video
in colar.
b. Security cameras, especially those viewing customers as they enter
the business or stand at cash registers, must capture the individual
ftom the waist to the top of the head, straight on.
c, Security surveillance cameras must be positioned Iow enough so
th�t caps/hats ar ather disguises {typically used when cammitting a
c�ime) wiN not obstruct the v+ew of the ifldividua�'s face, Tk�is will
provide the best possible picture for the identification of the
individual during the investigation pracess.
d. The maximum mounting height is 8 feet.
e. The recording equipment must capture video digit�lly and must
record a minimum o# {21) days for each security surveillance
camera. Security surveillance camera recordings must be made
available to law enfarcement agencies for investigation purposes
upon request.
f. A s�hematic plan of the proposed camera locations must be
submitted and approved by the Police Chief, or designee.
g. The "Camera Spe�ification Notes" must be included on the
schemafiic plan page.
h. A security sunreillance camera plan must provide the following
minimum items: (1) One camera facing each point of saie station
(2); one camera facing the safe (it may be possibie to cover the
safe and the paint of sale station closest to it); and (3) one camera
°da�i I°� iYi.�1.ii i °v�i�� :i����i���:..����� v�Ctfl�pl'C '�C t���QX�t.
119. The buildings cannat be occupied by more persons than allowed by the
California Building Code, as adapted by the ESMC.
120, The buildings and any outdoar seating must comply with California
Building attd Fire Code requirements, as adopted by the ESMC.
ADJUSTMENT (FQR PHASE 1 B)
24.A new Cand itian Na. �21 is added to read as follows:
"The applic;ant must post clear signs at each of the required foading spaces
designating them as laading spaces �uring the hours of 6:00 a.m. to 1Q:00
a.m. The signs must clearly prohibit employee andlar customer parking
�
�
during those hours. The appliaant may extend the loading hours beyand
10:pQ a.m. at his discre#ion. The parking spaces must be marked clearly to
delineate the parking and loading spaces to the satisfaction of the Director of
Planning and Bui�ding Safety."
25.A new Condition No. 122 is added to read as fallows:
"Any subsequent madification to the project as approved in this Adjustment,
including the plans andlor the conditions of appro�al, must be referrsd to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.h
VARIANCE (FOR PHASE 1 B)
26.A new Conditian No. 123 is added to read as foilows:
"Befare the City issues building permits, the applicant must submit detailed
plans of the two retaining walls along the north property iine adjacent to the
UPRR right-af-way. The retaFning walls and their non-retaining portions
cannot exceed 12 feefi in h�ight, witF� the exception that a rnetal open work
fence up to a maximum af 42 inches in heigfit may be installed on kop of the
wa�l.�,.n
27.A new Gandition No. 124 is added to read as follaws:"
"Any subsequent modification to the project as approved in this Variance,
incfuding tP�e plans andlor the condi#ions of approval, must be referred to the
Direc#ar of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the propased
m�d�cation."
!�JDE�lNJlF���Tl�N
28.A new Gondition No. 125 is added to read as folfows:
PES Partners, LLC and Street Retail, Inc. (collectively, the "Applicant") agree to
indemnify and hoEd #he City harmless fram and against any claim, action,
damages, costs (including, withvut limitation, attorney's fees), injuries, or iiability,
arising from the City's approval of En�ironmental Ass�ssment No. EA-993,
De�elvpment Agreement Amendment Na. DA 12-03, Zone Text Amendment No.
12-04, Adjustment No. ADJ 13-03, Variance No. VAR 13-01, and Administrative
Use PeRnit No. AUP 13-a4. Shauld the City be named in any suit, or shauld any
claim be brought against it by suit or otherwise, whether the same be groundless
or nat, arising out of the City approval of En�ironmental Assessment No. EA-993,
Development Agreement Amendment Na. DA 12-03, Zor�e Text Amendment No.
12-Q4, Adjustment Na. ADJ 13-03, Variar�ce No. VAR 13-01, and Administrati�e
�
Use Permit No. AUP �3-04 the Applicant agrees to defend the Ci#y (at the City's
requsst and with counse� 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 C�ty" includes the City of EI
Segundo's elected officials, appointed officiafs, officers, and employees.
PES Partners, LLC and S#reet Retail, Inc. must acknowledge receipt and
acceptance of the Project Conditivns by executing the acknowledgement below.
By signing this document, PES Partners, LLC, and Street Retail, inc. ce�kify that
ti�ey have read, understaod, and agrees to the Project Conditions listed in this
document and represent and warrant that it has the authority to execute this
document on behalf of the property owner and acknawledge that the conditions
set #orth above run with the land and are binding upon alf awners and occupants
of t�e land.
PESP
PES Partners, LLC, a Delaw�re limited liabili#y company
By: Rasecrans-Sepulveda Par#ners 3, E.LC, a
Delawa�e limited lia�ility company
Its: Sole Member
By Street Retail, Inc., a Maryland cor�oration
Its Manager
By:
Jeffrey S. Berkes, Vice President—Western Region
STREET
STREET RETAIL, INC., a Maryland corporation
By:
Jeffrey S. Berkes, Vice President—Weste�n Region
{If Corporation or similar entity, needs two officer signatures or evidence that
one signature binds the company}
�ITY COUNCIL RESOl.UTION No. 4$�� Exhibit D �
CITY COUNCIL ORDINANCE No. 14$1 Exhibit B
CONDITIONS OF APPROVAL
In addition to all applicable pro�isions af the EI Segundo Municipal Code ("ESMC"�,
Street Retail, Inc. and PES Rartners, LLC, the property owner�s) and their sucoessors in
interest, agree to comply with fihe following provisi�ns as conditions for the City of EI
Segundo's approval af En�ironmental Assessment No. 993, Zane Text Amendmen# No.
12-04, Amendment to Development Agreement Na. 12-03, Adjustment No. 13-03,
Variance No. 13-41, and Administrative Use Permit Na. 13-04 ("Project Gonditions").
1. All mitigation measures in the Final Environmental Impact Report SC( H No.
2003121037} that are reflected in the Mitigativn Monitoring and Reparking Program
for the proposed SepulvedalRosecrans Site Rezaning Reduced Traffic Generation
Alternative and Plaza EI Segunda Development Reduced Traffic Generation
Aiternative are incorporated by this reference into these conditions af approval.
2. All conditions of appraval of Envicanmental Assessment No. 631, Development
Agreement No. 03-1, General Plan Amendmen# Nv. 03-4 8� 03-5, Zone Change No.
03-2 8� 03-3, Zone Text Amendment No. 04-1, and Subdivisian No. 03-7, except as
modifed below.
3. All conditions of apprv�al of Environmenfaf Assessment No. 7fi8, Zone Text
Amendment No. 0$-p1, and De�elopment Agreement No. 07-�3, except as nnodifed
below.
4. Condition Na. 2 of Coun�il Resalution IVo. 4415 is amended in its entirety to read as
follaws:
DEFINITI41dS
Unless the cantrary is stated or clearly appears from the context, the following
definitions will povarn the construction of the words and phrases used in these
conditions. �
A. "P.B.S. Directar" means the City Qf EI Segundo Director of Planning and Building
Safety, or designee.
B. NEIR" mear�s the Final En�ironmentaf Impact Report for the proposed
Sepulveda/Rosecrans Site Rezoning and Plaza EI Segunda development praject
(SCH No. 20�3121037), EI Segunda, California.
C. °ESMC" means the EI Segundo Mu�icipal Code.
D. "De�elapment Agre�ment" refers to De�elopment Agreement No. 43-1 and any
amendmenfis thereto.
$/15/�3 �
CETY COUNCIL RESOLUTION No. 4$3$ Exhibit D
CITY COUNCIL �RDINANCE No. 1481 Exhihit B �
�
CONDITIONS OF APPROVAL
E. "Project Area" refers tv each of the de�elopable lots on the Plaza EI Segundo
development Project Site as shown on Ves#ing Tentative Map No. fl61630 in the
City of EI Segundo, County of Los Angeles as p�r map filed on June 6, 2Q12,
Book 137�, pages 41-51,and refers to Lot 1 of Lot Line Adjustment Na 13-04 as
reflect�d in that Certificate af Compliance, in the City of EI Segundo, County of
Los Angeles, State of California, recorded on July 29, 2013, as Instrument No,
2013-�105767, of official reco�ds in the office flfi ti�e Caunty Recorder af said
County.
F. "Project Site" refers to the 51.� gross/46.60 net (after street dedicatians) acre site
generally located south af Hughes Way, east of Sepul�eda Boulevard, west af
Nash Street, and north of Rosecrans Avenue.
F-1."Project Si4e Phase 1 B" ref�rs to the 13.Q50 grossl12.83 net-acre si#e as shown
as Lot 1 of Lot Line Adjustment No. 13-04 as reflected in that Certificate of
Compfiance, in the City of EI Segunda, County of L.os Angeles, State of
Caliiornia, recorded on July 29, 20'i3, as lnstrument No. 2Q13-11057fi7, of
official records in the office of the County Recorder of said County, gene�ally
Iocated south of the Union Pacific Railroad, east of Sepulveda Boulevard, west af
Douglas Stree#, and narth of Rosecrans Avenue.
F-2. "Phase 1A" refers ta the partion of the Project Area located north of the Unian
Pacif'ic Raiiroad right-of-way. �
F-3. "Phase 'i B„ refers to the portion af the Projec# Area located sauth of the Union
Pac'rfic Railroad right-of-way.
G. "Sepulveda/Rosecrans Rezoning Site" refers to the approximately 110 acres
generally loca#ed south of Hughes Way, east of Sepulveda Boulevard, west of
Dauglas Street, ar�d north of Rosecrans Avenue which is the subject of a General
Plan and Zoning �ade Amendment that is being considered concurrently with the
land use entifilements fior the Project Area and the Project Site.
H. Except as othetwise specified in th�se Conditions of Approval, conditions must
be satisfied before the issuance of a Building Permit for each building within the
Project Area.
AES1fHETICS
Signs
5. ConditiQn Na 9.�-1 of Council ResoEution No. 4415 is amended to read as follows;
Not withstanding any ofiher provisions in the ESMC, a maximum of two ground or
monument sig�s with a maximum height of 25 feet each are permitted along the
8/15/13 2
�ITY COUNCIL RESOLUTIaN No. 4838 Exhibit D �
CITY COUNCIL ORDINANCE No. 14$1 Exhibit B �
CONDITIOMS OF APPR4VAL
Sepulveda Boulevard street frontage of the Project Area sa�th of the Unian Pacific
Raifroad;
6. A new Condition No. 9.B-� is added to read as follows:
"Notwithstanding any other provisions in the ESMC, one roof sign with an area up to
a maximum of 450 square is allowed in the Phase 1 B area. The area of said rvof
sign is not included in the maximum permitted freestanding building or store front
sign area. Additianal roof signs mus# comply with #he maximum permitted store front
sign area (fifteen (15%) percent of the face of each shop front)."
FIRE
7. A new Candition No. 13.A is added to read as follows:
"The applicant must compfy with the applicable requirements of the 2010 Califarnia
Building and Fire Codes and #he 2009 International Fire Code, as adopted by the
�SMC. The City will adopt the 2Q13 California Building and Fire Cades, effective
�anuary 1, 2014. All permits issued after January 1, 2014 must comply with the
requirements af the 2a9 3 Editions, as adopted by th� ESMC."
8. Condition Na. 15 of Council Resoi�tion IVo. 4415 is amended in its entirety to read
as follows:
"Before the Ciiy iss�es a building permit, the appficant must provide Fire �ife Safefiy
Plans to the PBS Director and the Fire Chief for review and approval, which include,
without limitation, the fpllowing:
A. Fire lanes,
B. Fire lane signing,
C. Fire lane access easements or other recorded dacuments ta the reasonable
satisfaction of the City Attarney,
D. Fire fane accessibility,
E. Gas detectian systems,
F, Minimum acceptable flow from any fr� hydrant must be 2,Sd0 gallon pe� minute,
calculated at 20 psi,
G. Sprink(ers within s#ructures Underground looped fire mains, sprinkiers, fire
pumps, and fire alarms,
g��s�t3 3
CITY COUNCIL RESO�UTI�N No. 4$38 Exhibit D
CITY COLINCIL ORDINANCE Na. 14$1 Exhibit B �
CONDITIONS OF APPRQVAL
I, Emergency generators,
J. Any above ground or underground storage tanks including elevator sumps and
condensation tanks,
K. Documentation that the on-site fire mains will be maintained,
L_ Fire safety precautions during demofition and canstructian,
M. Emergency site access during canstruction,
N. Permanent fire deparkment access,
a. Fire hydrar�t locations,
P. Any proposed fire sprinkler and fire alarm systems, and
Q. Before the City issues a certificate af occupancy, fihe applicant must demonstrate
to the Fire Department that the de�elopment complies with ths Fire Life Safety
Plan, and that any required easements were praperly dedicated and recorded."
9. A new Conditian No. 16.A is added to read as follows:
"The applicant must pravide an autamatic fire sprinkler system throughout each
building, insfialled in accordance with Caiiforrtia Fire Code Chaptsr 9 anci the
currently adopted edition of NFPA �3."
1Q_A new Condition No. 16.6 is added to read as follows:
"The applican# mus# pravide an automatic fre alarm system thraughout each
building, install�d in accordance with Galifornia rire Lode Lhapter � and fhe
currer�tly adopted edition of NFPA 72."
11.A new Condition No. 16.0 is added to read as follows:
"The applicant must prowide a certifrcation from the underground petroleum pipeline
owner/operator that the proposed praject will no# encroach into any fou�cfations or
structures within the pipeline right-of-way without the underground petroleum
pipeline owner/operator's approval. The certification must be provided with the initial
plan review documents."
12.A new Condition No. 16.D is added to read as follows:
"There is a railroad right-of-way an the north side of the property. Ac.cess daors and
ladders with a maximum 30Q-foat spacing must be provided to provide access to the
8/15/13 4
CITY COUNCIL RESOLUTION No. 4838 Exhibit D
GITY COUNCIL ORDINANCE No. 1481 Exhibit B
CQNDITI�NS �F APPROVAL
railroad right of way in case of a train derailment or incident to the satisfaction of the
Fire Department. The access doors and ladders must have approved Knox
Company Knox Padlocks installed."
13,A new Condition No. 16.E is added to read as follows:
"If any fire features are praposed for the proj�ct, the appiicant must provide the
following canditions for any fire feature:
i. A barrier must be provided araund the fire feature ta prevent accidental
access ta the fire feature.
ii, The distance between the fire feature and combustible material and
furnishings must meet the fire feature's list�ng and manufacturer's
requirements.
iii. !f the fire feature's protective barrier exceeds ambient temperatures, all
exit paths and occupant seating must be a minimum 36 inches from the
�re feature."
14.Condition No. 19 of Council Resolutian No. 4415 ia amended in its er�tirety to read
as follows:
"Pursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued,
the applicant must pay a one-time fire senrices mitigation fee as provided in City
Council Resolutian No. 4687."
PQLICEISAFETY
15.Conditian Na, 27 of Gauncii Resolution No. 4415 is amended in its entirety to read
as folbws:
"Pursuant to ESMC §§ 15-27A�1, er seq., and before building permits are issued,
the applicant must pay a one-time police services mitiga#ion fee as provided in
City Council Resalution No. 4587."
16.A new Cor�dition No. 27.A is added to read as follows:
"The applicant must provide, at no cast to the City of EI Segundo, a minimum of 240
square feet of office space to be used by the EI Segundo Police Department as
satellite affice space to provide Police services an the east side of Sepulveda
Boulevard."
8/15/l3 $
CITY CC�UNCIL RESOLUTI�N No. 4838 Exhibit D
CITY COUNCIL ORDINANCE No. 1481 Exhibit B
C�NDITIDNS OF APPROVAL
PR4JECT DESCRIPTI4N
17.Candition No. 29 of Council Reso{ution No. 4415 is amended to read as follows:
"The Plaza EI Segundo development project is allowed to d�welap up to a maximum
of 498,442 gross square feet including a maximum of 119,613 gross/109,�75 net
square feet for the Plaza EI Segunda Phase 1 B development project, consisting of a
combination of uses as permitted by the Plaza EI Segundo Reduced Traffic
Genera#ian Altemative described in the Final EIR, the C� Zone and as limited by
the Development Agreement as long as the total AM, PM peak, daily, and Saturday
midday peak trip generation established in the EIR far the Plaza Ei Segunda
development project as a whole is not�xceeded."
18.Condition No. 30 of Counci! Resolution No. 4415 is amended in its entirety to read
as follows:
"The maximum project size may be reduced as determined by the vehicle trip
generation for each use. The Sepul�eda/Rosecrans Sit� Rezoning and Plaza EI
Segundo de�elapment projec# permit the fol�owing vehicle trips:
MAXiMUM PERMITTED A� p� Dail Saturday
T'RIPS y Midday
Sepul�eda/Rosecrans Site 1,033 2,346 25,859 3,379
Rezoning
Plaza E1 S�gundo 7�g 1,477 1fi,645 2,245
Development Project
The trip generation for each use and building must be determined using the rates as
set forth in the current edition of the Institute of Transpo�katian Engineers (ITE) Trip
Generation Manual. Trip adiustments for internal capture and pass-by �eductions
will be in accordance with the adjustments in the Traffic Impact Study in the FEIR
(EA No. fi3'f) approved on March 1, 2005. Trip adjustments for transit reduetions
will be in aceordance with the adjustments in the Traffic Impact Study in the
Addendum to the FEIR 4EA No. 768) appro�ed on February 19, 2Q08.
DEDICATIO(dS AND FEES
19.Candition No. 3�A of Counci! Resolution No. 44'15 is added ta read as follows:
"The applicant must pro�ide an irrevocable offer to dedicate a maximum of a six-foot
wide bicycle lane to be located along the entire Rosecrans Avenue frontage of tfi�e
subject property or for a bicycle path to be locatsd in the landscaped front setback of
the subject property in compliance with the Circulatian Elemen# of the General Plan
and South B�y Bieycle Plan to the satis�action of the Pubfic Works Deparkment and
the Planning and Building Safety Department. The exact alignment will be
8/15/13 6
�ITY COUMCIL RES�LUTfON No. 4838 Exhibit D �
CITY COUNCIL ORDINANCE No. '�481 Exhibit B
�
CONDITI�NS QF APPROVAL
determined by the Public Works Department and the Planning and Buiiding Safe#y
Department. Alkernati�ely, if #he Pubfic Works Department and the Planning and
Building Safety Department determ�ne that it is infeasible to provide a bicycle lane or
bicycle path on any portivn or all af the Rosecrans frontage, signage and striping as
a bicycle route may be required. The City has the right to exercise its right ta accept
the praperty subject to the offer of dedication on or after, October 17, 2013, but no
later than 20 years following the date on which the certificate of occupancy was
issued for the last building an the praperty."
2D.Condition No. 36 of Council Resvlutian No. 4415 is amended in its entirety to read
as follows:
"Pursuant tv ESMC §§ 15-27A-1, et seq., and befare buifding permits are issued, ti�e
applicant mus# pay a one-time parks facilities mitigation fee as provided in City
Council Resolution No. 4687."
TRANSPORTATIQNICIRGULATIONIPARKING
21.Condition No. 61A is added fio read as fo{lows:
Befare the City issues a certificate af occupancy for any building constructed south
af tfi�e Union Pacific/Burlington Northem Santa Fe Railroads, the new on-site and off-
site roadwa� improvements, includ�ng any medians, sidewalks, curbs, and gutters
must be constructed in accordance with applicable Department of Public 1Narks
canstruc#ion standards far a public raadway with the minimum dimensions required
by the Circulatian Element of the EI Segundo General Plan to the satisfaction of the
Director of Public Works and the Director of Planning and Buiiding Safety, and must
comply with applicabfe requirements of the Americans with Dis2�bilities Act (ADA), as
well as City requirements far traffic signage, s#reet lighting, drainage plans, and
underground util�ty senrice, subject to the re�iew and approvai of the Director af
Public Works. Additionally, the roadway impravements along Rosecrans Avenue
mus# be consis#ent with the design analyzed in #he Addendum to the FEIR,
including, but not limited to the lane canfi�urations, deceleration lane design at
Village Drive, and lengths of left turn pockets at Rosecrans Avenue and Sepulveda
Boulevard and at Rosecrans Avenue and Village Drive. The application must be
respvnsible for the design and construction of the new raadways."
WATER
22,Condition Na. 'E 00 of Cauncil Resolution No. 4542 is amended to r�ad as follows:
"Water meters must be provided for each lot by the applicant in accordance with Ci#y
p�iicies and approved by the Water Division before installation, This condition does
n�t prohibit the use of private water meters for individual buildings or indi�idual
tenancies."
S/15/l3 7
�ITY C�UNCiL RESQLUTI4N No. 4838 Exhibit D
CITY COUNCIL QRDIN�IMCE Na. 1481 Exhibit B
CC}NDITiONS OF APPROVAL
PROJECT CONDfTIQNS THAT APRLY TQ PHASE 1 B �NLY
22. New Candition No. 1 Q1 is added to read as follows:
"101. Up to a maximum of 12,Q�0 gross square feet of restaurant space may open
as early as 8:00 a.m. daily for breakfast service."
ADIVIINIST�tATIVE USE PERMITlALCOHOL SERVICE (FOR PHASE 1 B)
23.New Conditions 'f42 through 12� are added ta read as follows;
"102. The proposed hours of operafiion and hours of alcahol service for the
restaurants and kiosks, including the autdoor dining patias are limited to:
Sunday #hrough Thursday from 10:QQ a.m. to '12:00 a.m. and Friday through
Saturd�y from 10:00 a.m, to 2:bQ a.m. Food service must be available in the
indoor dining areas and the outdoor patios during the hours of operatian and
alcaho! service. Any change to the hours of operation or #he hours that
alcohol may be served is subject to review and approVal by the Director of
Planning and Building Safe#y.
103. Any subsequent modifcatian to fihe project as approded in this Administrative
Use Permit, including #he floor plan and areas where alcohol wilS be served,
andlor the conditions of approval, must be referred to the Direc#or of Planning
and Building Safety far approva! and a determination regarding the need for
Planning Commission review of the prapossd modification.
104. The applicant for the Alcahol Beverage Control License must obtain and
maintain aN licenses required by the Al�oholic Beverage Con#rol Act
(Business 8� Professions Code §§ 23300 ef seq.). The applirant must obtain
and maintain a Type 41 license or a Type 47 license, whichever is applicable.
1 Q5. The restaurant operations must comply with ESMC §§ 7-2-1, et seq. regulating
naise and Vibration.
1 Q6. The Pianning and Building Safety Deparkmen# and th� Police Department must
be notified of any change of owr�ership of the appro�ed use in writing within 1 Q
days of #he completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning
Commission reg�rding the status of tfi�e administrative use permit.
1 Q7. The app(icant ior the Aicohol 8everage Control License must comply with al{
regulations of the Alcoholic Beverage Control Act and the regulatians
promulgated by the Alcoholic Be�erage Control Board including, withou#
limitation, the regulations set forkh in 4 Cal. Code of Regs. §§ 55, ef seq.
$/l 5/13 $
�ITY COUNGIL RESOLUTI�N No. 4838 Exhibit D
, CITY COUNCIL QRDlNANCE No. 1481 ExhibFt B �
CONDITIONS OF APPROVAL
108. The applicant for the A�cohvl Beverage Control License must post a sign in a
clear and canspicuous lacation listing a phone number at which a responsible
party may be contacted during all o{�en hours of the establishment to address
any concerns o� the community regarding noise in the restaurant, patio and
parking Io#. Said contact's name and phone number must also be available
through the restaurant staff at all times.
109. The applicant for the Alcohol Beverage Con#rol License mus#, at all times,
display a Designated Drrver sign of at least ten inches by ten inches (10" X 10"}
in the bar and restau�ant dining areas at eye level. The sign must be worded in
a way that reminds patrans who are consuming alcohol to designate a non-
drinking driver.
11U. There canno# be exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting ar indicating the availabiFity of
alcoholic be�erages. InteriQr displays of aEcaF�olic beverages which are clearly
visible tv the exterior constitute a ViQlation of this conditivn.
111. All employees serving afcoholic beverages to patrons must enrol� in and
complete a c:ertified training program approved by the State Department of
Alcoholic Beverages Cantrol (ABC� for the responsible sales of alcohof. The
training must be ofFered to new employees on not less than a quarterly basis.
112. Any and all employees hired to se!{ alcaholic beverages must provide evidence
that they have either:
a. Compieted training from the State of California Department of Alcohofic
Beverage Controi (ABC), Long BeachlLakewood District �ffice administered
Licensee Education on Alcohol and Drugs (�,EAD) Program; or,
b. Campleted ar� approved equivalent (LEAD) training program administered
by the ABC, Long Beach/Lakewood District ��ce ta ensure proper
distribution of alcoholic beverages safely, responsibfy and #o adults of legal
age. Any fu#ure employee designated to sell alcaholic beverages on behalf
of the licensee or applicant must obtain a certificate proving cornpletion of
the (LEAD} training; and
c. The licensee or applicant must confirm with the Pfanning and Building
Safety Director, or designee, within fifteen (1�) days af the Director's
decision as to the approval of tF�e application, ar by final project approval,
that a date certain has been scheduled with the iocal ABC 4ffrce to
complete the LEAD training program.
8/15/l3 9
CITY COUNCIL RESaLUTIOfd No. 4838 Exhiait D
CITY CQUNCfL ORDINANCE No. 148'I Exhibit B
CONDITIONS 4�APPROVAL
d. Within thirfy �30) days of taking said course, t�e em�loyees, or responsible
employer must deliver each required certificate showing completion to the
Police Department.
113. The applicant for the Alcohol Beverage Control License must have readily
ident�able personnel to monitor and contral the behawior of customers inside
the building premises. Staff must monitor activity outside in the parking lo# and
any adjacent property under the es#ablishmenYs contral to ensure the areas are
generally free of people and are cleared vf patrons and their vehicles one-half
hour after closing.
114. If complaints are received regarding excessive naise, parking availability,
lighting, building access, and the like associated with the restaurants and tne
outdoor patio areas, the city may, in its discretion, take ac#ion ta review the
Administrative Use Permit, incfuding without limitation, adding conditions or
revoking the permit.
115. The 4u#door dining/sea#ing areas must comply with ESMC § 15-2-18.
116. The applic�r�t for the Alcohal Beverage Control License must install securifiy
cameras for mon�taring and recording activity, which include, without limitation:
cash handlinglcaunting areas, the manager's office, the safe, all access doors,
and any ather areas deemed necessary by the Police Department. Manitorir�g
and recardi�g �equipment must be stored in a secure area (e.g., manager's
office).
117. Before a building permit is issued, a schematic plan of the camera system must
be submitted and approved by the Police Chief, or designee, The camera
specificafiion notes must be included on the schematic plan.
118. Before a buifding permit is issued, the minimum camera requiremenis must be
listed on the building plans with the camera specificafiions and include the
following: �
a. All security surveillance cameras must be installed to recard video in color.
b. Security cameras, especially thase viewing customers as they enter the
business or stand at cash registers, must capture the in�ividual from the
waist #o the top of the head, s#raigh#on,
c. Secur+ty surveillance cameras must be positioned Iow enough so that
capslfiats or other disguises (typicaify used when committi�g a crime) will
not obstruct the view of the individuaf's face. This will pravide the best
possible picture for the identification of the individual during the
investigation pracess.
d. The maximum mounting height is 8 feet.
8/1Slt3 10
CITY COUNCIL RESULUTION No. d$38 Exhibit D
CITY COUNGIL �RDINANCE No. 14$1 Exhibit B
CONDITIONS OF APPROVAL
e, The recording equipment must capture �ideo digitally and must recard a
minimum of (21} days for each security surveillance camera. Securit�r
surveiiiance camera recordings must be made avaifable ta law
er�forcement agencies far in�estigation purposes upon re�uest.
f. A schematic plan of the proposed camera locations must be submitted
and approved by the Police Chief, or designee.
g. The "Camera Specification Notes" must be included on the schematic
plan page.
h. A security surveillance camera plan must provide the following minimum
items: (1) �ne camera facing each point af sale statian (2); ane camera
facing the safe (it may be possible to cover the safe and the point of sale
station clos�st ta it); and (3) one camera at the main entry door capturing
customers as they exit.
119. The buildings cannat be vccupied by more persons than allowed by the
Californi� Building Code, as adopted by the ESMC.
120. The buildings and any outdoor seating must c�mply with Califomia Building and
Fire Code requirements, as adopted by the ESMC."
ADJUSTMENT (FOR PHASE '!B)
121. A new Condition No. 121 is added to read as foffows:
"The applicant must post clear signs at each of the �equired loading spac,�s
designating them as loading spaces during the hours of 6:00 a.m. to 14:04 a.m. The
signs must cl�arly �rohibit employee andlor customer parking during those hours.
The applicant may extend the loading hours beyond 1 Q:00 a.m. at his discretion.
The parking spaces must be marked cle�rly to delineate the parking and laading
spaces to#he s�tisfaction of the Director of Planning ar�d Buildi�g Safety."
122. A new Condition No. 122 is added ta read as follows:
"Any subsequent modification ta the project as approved in this Adjustment,
including the plans and/or the condi#ians of appraval, must be referred to the
�irectar of Planning and Building Safety for approval and a determination regarding
the need for Planning Commission review of the proposed modification."
VARIANCE �FOR PHASE 1 B)
123. A new Candition No. 123 is added to read as follows:
"Before the City issues building permits, the applicant must submit detaifed plans of
the finro retaining walls along the north property line �djacsnt ta the UPRR right-of-
way. Th� retaining walls and their non-retaining portians cannat ex�eed 12 feet in
8/15/13 1 l
CITY COUNCIL RESOLUTION Na. 4838 �xhibit D �
CiTY CUUNCIL ORDINANCE Mo. 1481 Exhibit B
CONDITI�NS 4F APPROVAL
height, with the exceptian that a metal open work fence up to a maximum of 42
inches in height may be installed on top of the walls."
124. A new Condition No. 124 is added ta read as fol�ows:"
"Any s�bse�uent modificatian to the projec# as approved in #his Variance, including
the plans and/or the conditions of approval, must be referred to the Director of
Planning and �uilding Safety for approval and a determination regarding the need
far Planning Commission reView of the proposed modification,"
fNDEMNIFICATION
125. A n�w Candition No. 125 is added to read as foliaws:
PES Parkners, LLC and 5treet Retail, lnc. (callectively, the "Applicant") agree ta
indemnify and hold the Ciiy harmless from and against any claim, action, damages,
costs (including, withaut limitation, attorney's fees), injuries, or liability, arising from the
City's approval of Environmental Assessment Na, EA-993, Development Agreement
Amendment No. OA 12-03, Zone Text Amendmenk No. 12-44, Adjustment No. ADJ 13-
Q3, Varianr,e No. VAR 13-01, and Administrati�e Use Permit Na. AUP 13-04. Shou#d
the City be named in any suit, ar should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out af the City approval of
En�ironmental Assessment Na. EA-993, Development Agreement Amendment No. DA
12-Q3, Zone Text Amendment No. 12-44, Adjustment No. ADJ 13-03, Variance Nv.
VAR 13-01, and Administrative Use Permit No. AUP 13-04 the Applicant agrees to
defiend the City {at the City's request and with counsel satisfactory to the City) and will
indemnify the Ciiy for any judgment rendered against it or any sums paid out in
settlement or otherwise. Fvr purpvses of this section "the City" includes the City of EI
Segundo's elected o�cials, appanted ofFrcials, officers, and empioyees.
8/15I13 12
CITY COUNCIL RESOLUTI4N No. 4�38 Exhibit D
CITY COUNCIL QRDINANCE No. 1481 Exhibit B
�
C�NDITIONS OF APPROVAL
PES Partners, LLC and Street Retail, Inc. must acknaw�edge receipt and acceptanoe of
the Project Conditians by executing the acknawledgement below.
By signing this dacument, PES Pa�tners, LLC, and Street Retail, Inc. certify that they
have read, understood, and agrees ta the Project Conditions listed in this document and
represent and warrant that it �as the autharity to execute this document on behalf of the
property owner and acknowledge that the condi#ions set forth above run with the land
and are binding upon all owners and occupants of the land.
PESP
PES Partners, LLC, a Delaware limited liability company
By: Rosecrans-Sepulveda Partners 3, LLC, a
Deiaware limited liability company
its: Sole Member
By Stree4 Retail, 1nc., a Maryland corporation
Its Manager
By:
Jeffrey S. Berkes, Vice President—Western Region
STREET
STREET RETAIL, INC., a Maryland corporatian
By:
Jeffrey S. Berkes, Vice President—Western f�egion
{If Corporation or simi�ar entity, needs two office� signatures or evidence that one
signature binds the company}
P 1Planning 8e Bu�lding Safetyl0 Plamm�g-Old1PROJ�CTS(Planning)1976-1 Q00\EA-9931City Council 09 03 1312013 09 03 EA-993 CC
Condiiians of Approval fi�l doc
8/t5/l3 l3
E�BIT D
CONDITI�NS OF APPROVAL
!n addition to all applicable provisions of the EI Segundo Municipal Code ("ESMC"),
Street Retail, Inc. and PES Partners, LLC, the property owner(s) and #heir successors in
interest, agree to comply with the following provisions as conditipns for the City of EI
Segundo's approval of Environmsntal Assessmen# No. 993, Zone Text Amendment Na.
12-04, Amendment to Development Agreement Na. 12-03, Adjustment No. 13-03,
Variance No. 13-01, and Administrative Use Permit No. 13-04 ("Project Conditians").
1. All mitigation measures in the Final Environmental Impact Report SC( H No•
2a03121037) that are reflected in the Mitigation Monitoring and Reporting Program
for the proposed SepulvedalRoseorans Site Rezaning Reduced Traffic Genera#ion
Altemative and Plaza EI Segundo Developmen# Reduced Traffic Generation
Alternative are incorporated by this reference into these conditions of app�o�al.
2. All conditioris of approval of Environmental Assessment No. 63'i, Qe�elopment
Agreement Na. �3�1, General Plan Amendment No. 03-4 & 03-5, Zone Change No.
03-2 � Q3-3, Zone Tex# Amendment Na. 04-1, and Subdivision No. 03-7, exce�t as
modified belav�.
3. All conditions of appraval of Environmental Assessment No. 7'68, Zvne Text
Amendment No. 48-01, and De�elopment Agreement No. 07-03, except as madified
belaw.
4. Condition No. 2 af Council Resolutian No. 4415 is amended in its entirety to read as
failows;
DEFIMlT�ONS
Unless #he cantrary is stated or clearly appears from the context, the following
definitions will govern the construction af the words and phrases us�d in these
conditions.
A. "P.B.S. Director" means the City of EI Segundo Directar ofi Planning and Building
Safety, or designee.
B. "EIR" means the Final Environmental Impact Report for the proposed
SepulvedalRosecrans Site Rezoning and Plaza EI Segundo development proj�ct
(SCH No. 2003121 Q37), EI Segundo, California.
C. "ESMC" means the EI Segundo Municipal Code.
D. "Development Agreement" refers to Development Ag�eemen# No. Q3-1 and any
amendments thereto.
E, "Project Area" refers to each of the de�elopable lats on the Plaza EI Segundo
development Project Site as shown on Vesting Tentative Map No. 06163Q in the
i
CONDITIQNS OF APPROVAL
City vf EI Segundo, County of Las Angeles as per map �led on June 6, 2012,
Book 1370, pages 41-51,and refers to Lot 1 of Lot Line Adjustment No. 13-04 as
reflected in that Certificate af Compliance, in the City of EI Segundo, County o#
Los Angeles, State of California, recorded on July 29, 2013, as Instrument No.
201 3-1 1 05767, of official records in #he office of the County Recorder af said
County.
F. "Project Site" refers ta the 51.7 gross/46.60 net (after street dedicatio�s) acre site
generally located south of Hughes Way, east of Sepulveda Boule�ard, west of
Nash Street, and north of Rosecrans Avenue.
F-1 ."Project Site Pha�e 1 B" refers ta the 13.450 gross112.63 net-acre site as shown
as Lot 1 of l.ot Line Adjustm�nt No. 13-04 as reflected in that Certificate of
Compliance, in the City af EI Segunda, County of Los Angeles, State of
California, re�orded an July 29, 2p13, as Instrument No. 2fl�3-11a57�7, of
official records in the office af the C�unty Recorder of said Caunty, ger�erally
located south of the Union Pacific Railroad, east of Sepulveda BouleWard, west of
Dauglas Street, and narth of Rosecrans Avenue,
F-2. "Phase 1A° refers to the partion of the Praject Area lacated north of the Unian
Pacific Railroad right-of-way.
F-3. "Phase 1 B" refers to the portion of the project Area located south of the Union
Pacafic Railroad right-of way.
G. "Sepulveda/Rosecrans Rezoning Site" refers to the approximately 110 acres
�enerally Iocated south of Hughes Way, east of SepuEveda Boulevard, west of
Douglas S4reet, and narth of Rosecrans Avenue which is the subject af a General
Pian and Zoning Code Amendment that is being conside�ed concurrently with the
land use entitfements for the Project Area and th� Project Site.
u. `Xy��� �� �t�,Q�'j�° ��g�jf°� �n thogg f'r�n-�,,,Ijfijr�nc nf /��rrnval� rnn�itinnc rr�iict
be satisfied before the issuance of a Building Permifi for each building within the
Project Are�a.
AESTHETICS
s�
5. Condition Mo. 9.B-� of Council Resolution No, 4415 is amended to read as follows:
Not withstanding any other provisions in the ESMC, a maximum of #wo ground or
monument signs with a maximum height of 2� feet each are permitted along the
Sepulveda Boulevard street frontage of the Project Area south of the Union Pacific
Railroad; •
2
CONDITIONS OF APPROVAL ��
6. A t�ew Condition No. 9.B-2 is added to read as follows:
"Notwithstanding any other provisions in the ESMC, one ravf sign with an area up to
a maximum of 450 square is allowed in the Phase 1 B area. The area of said roof
sign is not included in the maximum permitted freestanding building or store front
sigr� area. Additional roaf signs must comply with the maximum permitt�d store f�ont
sign area (fifteer� (15°/0) percent vf the face of each shop front)."
FIRE
7. A new Condition No. 'I3.A is added to read as follows:
NThe appiican# must comply with the applicable requirements of the 2014 Cafifornia
Building and Fire Codes and the 2009 International Fire Code, as adopted by the
ESMC, The City will adopt the 2013 Caiifornia Building and Fire Codes, effective
January 1, 2014. All permits issued after January 1, 20'f4 must camply with the
requirements of the 2013 Editions, as adopted by the ESMC."
8. Candifiion No. 1� of Council Resolution No. 4415 is amended in its entirety to read
as follows:
"Before the City issues a building permit, the applicant must provide Fire Life Safety
Plans ta the PBS Director and the Fire Chief for review and apprawal, which include,
without �imitation, the follawing:
A. Fire lanes,
B. Fire lane signing,
C. Fire lane access easements or othe� recorded documents to the reasonable
satisfaction o#the City Attorney,
D. Fire lane accessibility,
E. Gas detection systems,
F. Minimum acceptabfe flow f�-vm any fire hydrant must be 2,540 gallon per minute,
calculated at 20 psi,
G. Sprinklers within structures Underground looped fire mains, sprinklers, fire
pumps, and fire alarms,
I. Emergency g�nerators,
J. Any abaVe ground or underground storage tanks including elevatar sumps and
condensation tanks,
3
CONQITIDNS �F APPROVAL �
K. Documentation thafi the on-site fire mains wilf be maintained,
L. Fire safety precautions during demolition and construetion,
M. Emergency site access during construction,
N. Permanent fire department access,
O. Fire hydrant locations,
P. Any propased fire sprinkler and fire alarm systems, anc�
Q. Before the City issues a certificate of occupancy, the applicant must demonstrate
to the Fire Department that the developmen� complies with the Fire Life Safety
Plan, and that any required easernents were properly dediGated and recorded."
9. A new Conditian No. 16.A is added t� read as fallows:
"The applican� must provide an automatic fire sprinkler system throughout each
building, instaNed in accordance with Califarnia Fire Code �hapter 9 and the
currently adapted editian of NFPA 13."
1U.A new Condition No. 16,B is added to read as follows:
"The a{�plicant must provide an automatic fire alarm system throughout each
building, instal{ed in accordance wi#h Califomia Fir� Code Chapter 9 and the
currently advpted edition of NFPA 72."
11.A new Conditian No. 16.0 is added to read as foliows:
«-r-�@ �p��0^�n: �ti�� r���'�M° � .^..,°;`flf�#!�^ �f��'? �ha i,�nr�a��rr��nci �Qfi�n�w�am �)t�Pll�'}P_
owner/operator that the proposed project will not encroach into any foundations or
structures within the pipeline right-of-way withaut the underground petroleum
pipeline owner/operator's appro�al. The certificatian must be pravided with the initial
plan review documents."
12.A new Conditian No. 16.D is added to read as follows:
"There is a railroad righ#-of-way on the north side of the property. Access doors and
iadders with a maximum 340-fpot spacing must be provided to provide access to the
railroad right of way in case af a train derailment or incident to the satisfaction of the
Fire Departmertt. The access doors and ladders must have approved Knox
Company Knox Padlocks installed."
13.A new Condition No. 16.E is added tq read as follows:
4
CONDITIONS OF APPROVAL
"If any fire features are proposed for the project, #he applicant must provide the
following cond'rtions for any f re feature:
i. A barrter must be provided around the fire fieature to prevent a�cidental
access to the flre feature.
ii. The distance between the ftre feature and combustible material and
furnishings must meet the fire feature's listing and manufacturer's
requirements.
iii. If the fire feature's protecti�e barrier exceeds ambient temperatures, all
exit paths and occupant s�ating mus# be a minimum 36 inches from the
fire feature."
14.Condition N�. 19 of Council Resolutian No. 4415 is amended in its entirety to read
as fallows:
"Pursuant#o ESMC §§ 15-27A-1, et seq., and before building permits are issued,
the applicant must pay a one-tim� fire services mi#iga#ion fee as provided in Gity
Council Resolution No. 4fi87."
POLICElSAFETY
1�,Condition No. 27 of Cauncii Resvlution No. 4415 is amended in its entirety to read
as follaw�:
"Pursuant ta ESMC §§ 15-27A-1, ef seq., and befare building permits are issued,
the applicant must pay a ane-time police services mitigation fee as provided in
City Councii Resolution No. 4687."
1�.n n�.r ��r,d�#io� *!�. 2?..� i� added t� rea� as folla�s:
"The applicant must provide, at no cost to the City of �EI Segundo, a mFnimum of 240
square feet of office space to be used by the EI Seg�ndo Police Dspartment as
satellite office space to provide Palice services an the east side af Sepulveda
Boulevard."
PROJECT DIESCRiPTION
17.Condition No. 29 of Council Resolution No. �415 is amended to read as follaws:
"The Plaza EI Segundo development praject is aflawed to develap up to a maximum
of 498,442 grass square fee# including a maximum of 119,6'f3 gross/'f09,575 net
5
�
CONDITtONS UF APPROVAL �
square feet far the Plaza EI Segunda Phase 1 B development project, consisting of a
combination of uses as permitted by the Plaza EI Segundo Reduced Traffic
Generation Alterna#ive described in the Final EIR, the C� Zone and as limited �iy
the Development Agreement as long as the total AM, PM peak, daily, and Saturday
midday peak trip generation established in the EIR for the Pkaza EI Segundo
de�elopment praject as a whole is not exceeded."
18.Condition Na. 30 of Council Resolution Na. 4495 is amended in its entirety to read
as follows:
"The maximum project size may be reduced as determined by the vehicle trip
generation for each use. The Sepulveda/Rosecrans Site Rezoning and Plaza EI
Segundo development project permit the following vehicle trips:
MAXlMVM PERMITTED �� p� Dail Saturday
TRIPS y Midda
Sepulveda/Rosecrans Site �ra33 2,346 25,859 3,379
Rezanin
Plaza EI Segundo 77g 1,477 'i6,645 2,2Q5
Development Project
The trip generatian for each use and buiiding must be determined using the rates as
set forth in the current edition of the Institute of Transporta#ion Engineers (ITE) Trip
Generatian Manual. Trip adjustments for internal cap#ure and pass-by reductions
will be in accordance with the adjustments in the Tra�c Impact Study in the FEfR
(EA No. 631) approved on March 1, 20�5. Trip adjustments fvr transit reductions
wifl be in accordance with the adjustments in the Traffic Im�act Study in the
Addendum to the FEkR (EA iVo. 768) approved on February 19, 2008.
DEDECATI�NS AND FEES
19.Condition No. 34A o# Council Res�lution No. 4415 is added ta read as foliows:
"The applicant must prorride an irrevocable affer ta dedicat� a maximum of a six-foot
wide bicycle lane to he lacated alang the entire Rosecrans A�enue frantage of the
subject property or for a bicycle path to be Iocated in the landscaped front setback of
the subject praperty i� compliance with the Circulation Element of the General Plan
an� South Bay Bicycle Plan to the satisfactian of the Public Works Department and
the Planning and Building Safety Department. The exact alignment will be
determined by the Public Works Department and the Planning and Building Safety
Departmet�t. Altematively, if the Public Works Department and the Planning and
Building Safety Department determine that it is infeasible to provide a bicycle lane ar
bicycle path v� any portion or all of the Rosecrans frantage, signage and striping as
a bicycle route may be required. The City has the right to exercise its right to accept
the property subject fo the offer of dedication on or after, �ctober 17, 2013, but no
5
CONDITI4NS aF APPROVAL
later than 20 years following the date on which t�e cerkificate afi occupancy was
issued for the last building on the prQperty."
20.Condition Na. 36 of Council Resolution Na. 4415 is amended in its entirety to read
as follows:
NPursuant to ESMC §§ 15-27A-1, et seq., and before building permits are issued, the
applicant must pay a one-time parks facilities mitigation fee as pravided in City
Council Resolution No. 4687."
TRANSP�RTATIONICIRCULATION/PARKING
21,Condition No. 61A is added to read as falFows:
Befvre the City issues a certificate of occupancy for any building construc#ed south
of the Union Pacific/Burlington Northem Santa Fe Railroads, the ne►nr on-site and off-
site roadway improvements, including any medians, sidewalks, curbs, and gutters
must be constructed in accordance with applicable DepartmQnt of Public Works
construction standards for a pub�ic roadway with the minimum dimensions required
by the Circulation Element of the EI Segunda General PEan tv t�e satisfaction of the
Director of Public Works and the Director of Planning and Building Safety, and must
comply with applicable requirements of the Americans with Disabilities Act (ADA�, as
well as City requireme�ts far traffic signage, street lighting, drainage plans, and
underground utility service, subject to the review �nd approval of the Director of
Public Works. Additiar�ally, the raadway impro�ements along Rosecrans Avenue
must be consistent with the design analyzed in the Addendum to the FEIR,
including, but not i�mited to the lane configuratians, decelera#ion lane design at
Village Drive, and lengths of left turn pockets a# Rosecrans Avenue and Sepul�eda
Boulevard and at Rosecrans Avenue and Village Drive. The application must be
responsible far the design and construction of the new roadways."
`,i0f�i1"€Pi
22.Condition No. 140 of Council Resolution No. 4542 is amended fio read as follows:
"Water me#ers must be provided for each lat by the applicant in accordance with City
policies and apprvved by the Water Di�ision before installatian. This condition does
not prohibit the use af pri�ate water meters for individual buildings or individual
tenancies.„
PROJECT CONDITI�NS THAT APPLY TQ PHASE 1 B �NLY
22. New Condition No. 101 is added to read as fioilows:
"101. Up #o a maximum af 12,000 gross square feet of restaurant space may open
as early �s 6,00 a.m. daily for breakfast service."
7
CONDITIC?NS OF APPRt]VAL �
ADMINtST�tATIVE USE PERMITIALCOHOL SERV�CE (FOR PHASE 1 B)
23.New Cond�tions 1Q2 thsaugh 120 are added to read as fo4laws:
"102. The proposed hours o#' operation and hours of alcohol service for the
restaurants and kiosks, includi�g the outdoor dining patios are limited to:
Sunday through Thursday from 10:Q0 a.m. to 12:00 a.m. ar�d Friday through
Saturday from �0:00 a.m. to 2:00 a.m. Food ser�ice must be available in the
indoor dining areas and the outdoor patios during the hours af vperation and
alcohol service. Ar�y change to the haurs of aperation or the haurs that
alcohol may be served is subject ta review and approval by the Director af
Planning and Buiiding Safety.
103. Any subsequent modifca#ion to the project as approved in this Administrative
Use Permit, including the flaor plan and areas where alcohol will be served,
and/or the canditians of approvai, must be referred to the Director of Planning
and Building Safety for approval and a determinati�n regarding the need for
Planning Commission review of the proposed madification.
104. The applicant for the Alcohol Beverage Contro! License must obtain and
maintain a11 ficenses required by the AScoholic Beverage Con#ro1 Act
(Bus'sness & Prafessions Code §§ 23300 et seq.). The applicant must obtain
and maintain a Type 41 license or a Type 47 license, whichever is applicable.
1q5. The restaurant operations must comply with ESMC §§ 7-2-'�, et seq. regulating
noise and dib�ation.
106. The Planning and Building Safe#y Department and #he Police Department must
be not�ed af any change of awnership af the appro�ed use in writing within 10
days of the completian of the char�ge of ownership. A change in project
own��a"�� ��y b� �aa�� #o ��h�ul� � h��ri�� befcre #h° Pl���ireg
Commission regarding the status af the administrati�e use permit.
147. The applicant far the Alcohol Bederage Control License must comply with aii
regulations of the Alcoholic Beverage Controi Act and the regulations
promulgated by the Aicoholic Beverage Control Board incfuding, withaut
limitation, the regulatians set forth in 4 Ca{. Code of Regs. §� 55, et seq.
108. The applicant far the Alcahol Beverage Control License must post a sign in a
clear and conspicuous Iocation listing a phane number at which a responsible
party may be contacted during al! open hours af the establishment to address
any concerns of the community regarding noise in the restauran#, patio and
parking Iot. Said contact's name and phone number must also be available
through fhe restaurant staff at all times.
8
CONDITI�N5 OF APPROVAL
109. The applicant far the Alcohoi Be�erage Control License rnust, at all times,
dispiay a Designated Driversign 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.
110. There cannot be exterior advertising af any kind or #ype, ine�uding ad�erkising
directed to #he e3cteriar fram within, promoting or indicating the availability vf
alcohalic b�verages. Interior displays af alcaholie beverages which are clearly
visible to the exterior constitute a violation of#his condition.
111. All employees serving alc�holic b��erages to patrons must enroll is� and
complete a certified training program approved by the State Department of
Alcoholic Be�erages Cantrol (ABC} far the responsible sales of alca�al. The
training must be offered ta new employees on not less than a quarterly basis.
112. Any ar�d all employees hired to sell alcohofic be�erages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Controi �ABC}, Long BeachlL.akewood Qistrict Office administered
Lr'censee E'ducation on Alcahol and Drugs (LEAD) Pro�ram; or,
b. Completed an appr��ed equivalent tLEAD) training program administered
by the ABC, Long BeachlLakewood District Office to ensure prope�
distributian af alcoholic beverages safely, responsibly and to adults of legai
age. Any future employee designated to sell alcoholic beverages on behalf
af the iicensee or applicant must ob#ain a certificate proving completion of
the (LEAD) training; and
c. The licensee or applicant must confirm with the Planning and Buildirtg
��fAt�, f�irartnr, �r (��?SIC�11'�P.P, within ffteen (151 d�ys of the Director's
decision as ta the approva� of the applicatian, or by final project approval,
that a tiate certain has been scheduled with the focal ABC Office to
eomplete the LEAD training program.
d. Within thirty (30) days af taking said course, the employees, ar responsible
employer must deliver each required certificate showing completion to the
Police Department.
113. The applicant for the Alcot�ol Be�erage Cor�trol License rnust have readily
identifiabl� personnel to manitar and control the behavior of customers inside
the building premises. Staff must monitpr activity outside in the parking lot and
any adjacent property under the establishment's control to ensure the are�s are
generally free of people and are cleared of patrons and their vehicles ane-ha(f
hour after closing.
9
CQNDIT�ONS OF APPROVAL �
114. If complaints are received regarding excessive noise, parking availability,
lighting, huilding access, and the iike associated with the restaurants and the
outdoor patia areas, the city may, �n its discretion, take actian to review the
Administrative Use Permit, inciuding without limitation, adding conditians or
re�pking the permit.
115. The outdoor dining/seating areas must comply with ESMC § 15-2-16.
116. The applicant for the Alcofi�of Beverage Control License must install security
cameras far monitoring and recording acti�ity, which include, without limitation;
cash handlinglcounting areas, #he mar�ager's office, the safe, all access doors,
and any other areas deemed necessary by the Police Department. Manitaring
and recording equipment must be stored in a secure area (e.g., manager's
affice),
117. Before a building permit is issued, a schematic plan af the camera system must
be submitted and approved by the Police Chief, or designee. The camera
specification notes must be included on th� schematic plan.
118. Before a building permit is issued, the minimum camera requirements must be
listed on the buildFng plans with the camera specifications and include the
fallowing:
a. All security surveillanGe cameras must be installed to recard video in calor.
b. Security cameras, especially #hose Viewing custamers as they en#er the
business or stand at cash registers, must capture the individual from the
waist to the top of#he head, straight an.
c. Security survei�lance cameras must be positioned low enough so that
caps/hats or other disguises (typically used when committing a crime) will
no# obstruct the view of the indiuidual's face. This will provide the best
��a.���f� ��4l�IG iV� CiiG oiaGi�i�,li�.e�l'v�i v� iiiee ��it�i'�r�'i,id.ic�l �.il��i�� iikri
inves#igation process.
d. The maximum mounting height is 8 feet.
e. The recording equipment must capture video digitally and must recard a
minimum of {21) days for �ach security surveillance camera. Security
surveillance camera recordings must be made available to law
enfarcement agencies for investigation purposes upon re�uest.
f. A schematic plan of the proposed camera lacations must be submitted
and approved by the Police Chief, ar designee.
g. The "Camera Specification Notes" must be included an the schematic
plan page.
h. A security surveillance camera plan must provide the following minimum
items: (1) �ne camera facing each point of sale station (2}; one camera
facing the safe (it may be passible to cover the safe and the point of sale
ia
CONDITI4NS OF APPROVAL �
statian closest to it); and (3) one camera at the main entry dvor capturing
customers as they exit.
119. The buildings cannot be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
120. The �uildings and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by#he ESMC."
ADJUSTMENT (F�R PHASE 1 B)
'l21. A new Condition No. 121 is adcled to read as follows:
"The applicant must past clear signs at each of the required loading spaces
designating them as loading spaees during the haurs of 6:Q� a.m. to 10:Oa a.m. The
signs must clearly prohibit employee andlor cusfiomer parking during those hours.
The applicant may extend #he laading hours beyond 1 a:00 a.m. at his discretion.
The parking spaces must be marked clearly to delineate the parking and loadi�g
spaces to the satisfaction of the Director of Planning and Building Safety."
122. A new Cond�tion No. 122 is added to read as fallowS:
"Any subsequent modificatior� to the project as appro�ed in this Ad�ustme�t,
including the plans ar�dlor the conditia�s of approval, must be referred to t�e
Director of Plannin� and 8uilding Safety for approval and a determination regarding
the need for Planning Commis5ion review of#he propased modification."
VARIANCE (FOR PHASE 1 B)
123. A new Condition No. 123 is added to read as follows:
„�e���e th� u�ty ;ss�e� �aild�r+y perm�t�, thE apNl�car�# mu�t �c�briit detailed pla�� o`
the kwo retaining walls along the north praperty line ad}acent fio the UPRR right-of-
way. The re#aining walls and their non-retaining portions cannot exceed 12 feet in
height, with th� exception that a metal open work fence up #o a maximum of 42
inches in height may be installed on top vf#he walls."
124. A new Conditian No. 124 is added to read as follows:"
"Any subsequent modifcation to the project as approved in this Variance, including
the plans andlor the condi#ions o� appro�al, must be referred to the Director of
Planning and Building Safety for approvai and a determinatio� regarding #he need
for Planning Commission review of th� proposed modification."
INDEMNlFICATI�N
11
C�NDITIONS OF APPROVAL
125. A new Condition No. 125 is added to read as follows:
PES Partners, LLC and Stree# Retail, Inc. (colleetively, the "Applicant"} agree to
indemnify and hold the City harmless from and against any claim, action, damages,
costs (including, without limitation, attorney's fees), injuries, or iiability, arising fram the
City's appro�al of Environmental Assessment No. EA-993, D�velopment Agreement
Amendment No. L7A 92-03, Zone Text Amendment No. 12-04, Adjustment No. ADJ 13-
Q3, Variance No. VAR 13-a1, and Administrative Use Permi# No. AUP 13-04. Should
the City be named in any suft, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising aut of the City approvai of
Enviror�mental Assessment No. EA-993, Development Agreemer�# Amendment No, QA
12-Q3, Zone Text Amendment No. 12-04, Adjustmen# No. ADJ 13-03, Variance Na.
VAR 13-Q1, and Administrati�e Use Permit Na. AUP �13-04 the Applicant agrees ta
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 surns paid out in
settlement or otherwise. For purposes of this section "the City" includes the City of EI
Segunda's elected officials, appainted officials, officers, and employees.
PES Partners, LLC and Street Retail, Inc. must acknowledge receipt and acceptance af
the Project Condi#ions by exeeuting the acknawledgement below.
By signing this document, PES Partners, LLC, and Street Re#ail, Inc. certify that they
have read, understood, and agrees to the Project Conditions listed in this document and
represent and warrant that it has the authority ta execute this documen# on behalf of the
property owner and acknawledge #hat the condi#ions set forth abo�e run with #he land
and are binding upon all awners and occupants of the land.
PESP
PES Partners, LLG, a Delaware limited liability company
12
C(]NDITIONS �F APPRQVAL �
��
By: RQSecrans-S�pulveda Partners 3, LLC, a
Delaware limited liability company
Its: Sole Member
By Street Retail, Inc., a Maryland corporation
Its Manager
�
By:
Jeffre . r , Vi President— es ern Region
STREET
STREET RE I C., a Maryland carporatian
By:
Jeff y e s, V President— n
{!f earporation or sirnilar enti#y, needs two officer signatures or evidence that one
signature binds #he company�
t3