Planning commission approves Rock and Bruise permits but denies parking-fee relief

The El Segundo Planning Commission voted 5-0 on June 11 to approve a downtown design review, an administrative use permit to expand alcohol service, and modifications to a conditional use permit for live entertainment for the restaurant identified in the record as Rock and Bruise, while denying the applicant's request for relief or extension of in-lieu parking fee payments.

Staff told the commission that when the city council established the downtown in-lieu parking fee program it also capped repayment terms at 20 years and that the original resolutions and the property agreements contain no language allowing an extension or a force-majeure exception. "The term for repayment cannot exceed 20 years," staff told commissioners and recommended the commission follow council policy and deny any extension beyond the 20-year limit.

Michael Zisslas, who introduced himself as the founder of Rock and Bruise, urged the commission to approve the project as drafted so his business could resume paying the monthly in-lieu fee and proceed with construction and permitting. "If you guys could pass that we start paying again right away next month," Zisslas said, adding an amount of about $1,700 starting July 1. He said the 20-year rule "was written before any of us knew what COVID was," and asked the commission to allow a path forward that the City Council could later revise if it chose.

Commissioners discussed two procedural options: adopt the resolution and deny the in-lieu relief (leaving the applicant the normal right to appeal directly to City Council), or adopt the resolution and also direct staff to bring the matter proactively to the council for renegotiation. Staff cautioned that routinely sending items to council without an appeal could create an undesirable precedent; several commissioners said they preferred to adopt the resolution and let the applicant appeal if they wished.

The resolution before the commission, labeled No. 2977 in the staff packet, approved the design review and the other requested permits but denied the applicant's request to alter the in-lieu parking payment terms. A motion to adopt the staff recommendation passed unanimously; vote roll call recorded affirmative votes from Commissioners Taylor, McCabardy, Christian, Vice Chair Eningga and Chair Maggie.

On mitigation for live music, the applicant described a proposed metal-frame structure intended to reduce amplification and said the business uses electronic sound-level "acoustic ears" that alert managers to lower volume; staff noted conditions of approval that limit amplified live music hours (two events per week, limited weekday hours and expanded hours on Friday/Saturday and holidays). Neighbors who raised concerns about quiet for a behavioral health clinic were offered direct contact information for management.

The commission's action denies the requested in-lieu fee relief; the applicant may file an appeal of that portion of the decision to City Council within 10 calendar days of the decision and after payment of the published appeal fee. Staff said the appeal fee for planning commission actions is $6,280 and that staff will email the applicant with appeal instructions and fee information. The project approvals otherwise stand pending any successful appeal.