ORDINANCE 1499 ORDINANCE NO. 1499
AN ORDINANCE APPROVING ZONE TEXT AMENDMENT NO. ZTA 14-
02 TO INCREASE THE PERMISSIBLE SQUARE FOOTAGE OF
GENERAL OFFICE USES IN THE COMMERCIAL CENTER (C-4) ZONE;
AND APPROVING DEVELOPMENT AGREEMENT NO. DA 14-02
(SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT NO. 03-01)
TO INCREASE THE PERMISSIBLE SQUARE FOOTAGE OF HEALTH
CLUBS AND FITNESS CENTER USES IN THE PLAZA EL SEGUNDO
DEVELOPMENT PROJECT.
The City Council of the City of El 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 El 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 September 17, 2013, the City Council approved 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 July 23, 2014, the applicant filed an application for an Environmental
Assessment No. EA-1075, a Zone Text Amendment No. ZTA 14-02 to
increase the area of General Office uses permitted in the Commercial
Center (C-4) Zone from 28,735 gross square feet to 30,072 gross square
feet , and a Development Agreement (DA No. 14-02) to increase the area
of Health Clubs and Fitness Center uses to 11,502 square feet of total
floor area provided that no such use exceeds 8,500 square feet;
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D. The application from PES Partners, LLC and Street Retail, Inc. was
reviewed by the City's Planning and Building Safety Department for, in
part, consistency with the General Plan and conformity with the El
Segundo Municipal Code ("ESMC");
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, The Planning Commission held a public hearing regarding the application
on October 23, 2014. Thereafter, the Planning Commission adopted
Resolution No. 2758, recommending that the City Council approve Zone
Text Amendment No. ZTA 14-02 and amend Development Agreement No.
DA 03-01;
G. On December 2, 2014, the Council held a public hearing and considered
the information provided by the Planning Commission, City Staff, public
testimony, and representatives of the applicant PES Partners, LLC and
Street Retail, Inc.; and
H. This Ordinance and its findings are made based upon the testimony and
evidence presented to the Council at its December 2, 2014, public hearing
including, without limitation, the staff report submitted by the Planning and
Building Safety Department.
SECTION 2: Environmental Assessment. Because of the findings set forth in Planning
Commission Resolution No. 2758, adopted October 23, 2014, and the facts set forth in
the administrative record including, without limitation, the staff report presented to the
City Council, the proposed amendments (Sixth Amendment to Development Agreement
No. DA 03-01 and Zone Text Amendment No. ZTA 14-02) are consistent with the
Program/Project Environmental Impact Report that analyzed the environmental impacts
of this development project, including the Development Agreement to permit
development of the shopping center. That report, entitled Sepulveda/Rosecrans Site
Rezoning and Plaza El Segundo Development Final Environmental Impact Report
(State Clearinghouse No. 2003121037), was certified by the City Council on March 15,
2005 and the Statement of Overriding Considerations adopted as Section V of City
Council Resolution No. 4415 on March 1, 2005. None of the elements set forth in
Public Resources Code § 21166 or CEQA Guidelines §§ 15162 and 15168 exist.
Accordingly, no subsequent or supplemental Environmental Impact Report, Mitigated
Negative Declaration or Addendum is required to be prepared before adopting the draft
Ordinance approving the proposed amendment.
SECTION 3: Zone Text Amendment. ESMC § 15-4G-2(F) is amended to read as
follows:
.2.
"General offices not to exceed thirty thousand, seventy-two (30,072) gross square feet."
SECTION 4, Amendments to the Development Agreement. Development Agreement
No. 03-01 is amended as set forth in attached Exhibit 'A" which is incorporated into this
Ordinance by reference.
SECTION 5: 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.
SECTION 6: This Ordinance will remain effective until superseded by a subsequent
ordinance.
SECTION 7: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El 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 8: This Ordinance will become effective on the thirty-first (31st) day following
its passage and adoption.
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Ordinance No. 1499 was PASSED, APPROVED AND ADOPTED this 16th day of
December, 2014.
y
Suz ne Fuentes, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1499 was duly introduced by said City Council at a regular meeting held
on the 2nd day of December 2014, 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 the16th day of December 2014, and the same
was so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member Atkinson,
Council Member Fellhauer, and Council Member Dugan
NOES: None
ABSENT: None
ABSTAIN: None
Tracy W
AP O'VED AS TO FORM:
Mark D. Hen e , City Attorney
Y
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning)\1051-1075\EA-1075\City Council
12162014\EA 1075-CC Ordinance.doc
Agreement No. 3455K
EXHIBIT A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code§6103
SIXTH AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND AMONG
CITY OF EL SEGUNDO,
PES PARTNERS,LLC
AND
STREET RETAIL, INC.
(AREA A)
THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL
PARTIES PURSUANT TO GOVERNMENT CODE §65868.5
7/2/13
Agreement No. 3455K
SIX T11 Ai EN ^C'4 ENT"'LO DEVELOPMENT AGREEMENT
This Sixth Amendment to Development Agrecincaat ("Sixth Amendment") is made and
entered into by and aanong the CITY OF EL S G1.JNDO, a general law city and municipal
corporation("City");PES PAI TN l,RS,LLC,a Delaware limited liability company("PESP");and
STI1 E 1"i'"I" RETAIL,INC.,a Maryland corporation("Street"),as of this 16`s day of December,2014.
Street and PESP are collectively referred to as "Developer." City and Developer are individually
referred to as "Party" and collectively as "Parties." In consideration of the mutual covenants and
agreements contained in this Sixth Amendment,and in light of Developer's application which was
considered by City concurrently with this Sixth Amendment,City and Developer agree as follows:
1. Recitals
1.1 Unless otherwise specified the term"Development Agreement"refers to the
Development Agreement entered into between the Parties, or their predecessors in interest, on
March 16, 2005 its amendments, and related Operating Memoranda.
1.2 On December 30, 2011, Rosecrans-Sepulveda Partners, 2, LLC ("RSP2"),
executed an Assignment and Assumption Agreement ("Street Assignment") whereby RSP2
conveyed to Street,in accordance with the provisions of Section 3 of the Development Agreement,
RSP2's right, title and interest in and to the Development Agreement and the Project Approvals
with respect to the Property covered by the Development Agreement.
1.3 The Development Agreement continues to cover the Property described in
Exhibit"A" attached hereto. The total gross acreage of the property(i.e., Phase IA and Phase 1B
combined) is 51.70 gross/46.60 net(after street dedication) acres.
1.4 Section 15 of the Development Agreement provides for amendment of the
Development Agreement upon maataaal consent of the parties and in accordance with the procea:lures
established by applicable law. "['his Sixth Atnendanent was adopted in conformance with
Government Code §§ 65865, et seq.
1.5 Section 4.1.6, of the Development Agreement currently limits hcaalth clubs
or fitness centers to two(2) such establishments nand no more than 10,000 total square feet devoted
to such establishments. Developer desires to bring in a high-end fitness use that will help attract
the desired clientele to The Point (Phase 1B) which will also benefit Plaza El Segundo and The
Edge (collectively Phase 1 A) as this clientele will establish patterns of coming to the retail center
for shopping and dining as well.
1.6 On October 23, 2014, the Planning Commission held a duly noticed public
hearing on this Sixth Amendment to the Development Agreement along with Developer's other
applications.
1.7 On December 2, 2014, the City Council held as duly noticed public hearing
on this Sixth Amendment and Developers other applications. At the conclusioii of the public
hearing the City Council introduced Ordinance 'No, 1499 approving this Sixth Amendment to the
Development Agreement as well as a zone text amendment to El Segundo Municipal Code § 15-
7/2/13
Agreement No. 3455K
5G-2.On December 16,2014,the City Council adopted Ordinance No. 1499. Ordinance No. 1499
became effective on January 16, 2015.
1.8 The City Council has determined that none of the elements set forth in
Public Resources Code Section 21166 or Sections 15162 and 15168 of the State CEQA Guidelines
exists and therefore has determined, in accordance with Public Resources Code Section 21166 and
Sections 15162 and 15168(c)(2) of the CEQA Guidelines, that no subsequent or supplemental
Environmental Impact Report, Mitigated Negative Declaration or Addendum is required to be
prepared prior to adopting the Ordinance approving this Sixth Amendment.
2. Amendment to Section 4.1.6 of the Development Agreement. Section 4.1.6 of the
Development Agreement is amended to read as follows:
"4.1.6. Health Clubs and Fitness Centers. No health club or fitness center
shall be permitted except as follows: up to two (2) health clubs or fitness centers
shall be permitted,provided that no such singular use exceeds 8,500 square feet and
the combined square footage of both uses does not exceed 11,502 total square feet
of floor area."
3. Remainder of Development Aureement to Remain in Full Forcc and Effect. Except
as set forth in this Sixth Amendment, all terms and conditions of the Development Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, Developer and City have executed this Sixth Amendment on
the date first above written.
CITY:
CITY OF EL SEGUNDO, a municipal corporation
By: JIMIAMi
Name: SUanne Fuentes
Title: Mayor
AT'TES"I" e ,
By:-- 2"'e)),2
d
Name: 177,QV,W eav I h
Title: (�:ity Clerk
APPROVED AS TO FORM:
By:, ) l-� 1 r
Name: ark Hensley
Title: City Attorney
7/2/13 -2-
Agreement No. 3455K
PESP
PES PARTNERS,LLC, a Delaware limited liability
company
By: Street Retail,Inc., a Maryland corporation
Its: Mana4.leflr er
By:
A*cs,"Vice-President
Western Region
STREET
STREET RE IL,INC., a Maryland corporation
B .
Ie fT `r es,Vice-President,
West egion
7/2/13 -3-
Agreement No. 3455K
State of Ca "fornia )
County of ! � ^)
0'4 /2) 2416 ,before me, P1 ,Notary Public,
(I insert name and title of the officer)
personally appeared
who proved to me on the basis of tisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within 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),or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal,
STILLA t
.; M o.
M Clan
Signature co s#
M Comm Irt t (seal)
State of Cal°forli )
County of
before me, ,Notary Public,
. (here insert name and title of the officer)
personally appeared 14
, . � .0 (" f
who proved to me on'the ast of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within 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),or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_ �,.
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Ila
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tt �y qpy (seal)
7/2/13