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2005-04-14 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA APRIL 14, 2005 Chairman Funk called the meeting of the El Segundo Planning Commission CALL TO ORDER to order at 7:00 p.m. in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California. Vice -Chairman Carlson led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG PRESENT: CARLSON, FRICK, FUNK, WAGNER ROLL CALL ABSENT: KRETZMER None. PUBLIC COMMUNICATIONS Chairman Funk presented the Consent Calendar. CONSENT CALENDAR None. CALL ITEMS FROM CONSENT CALENDAR Commissioner Frick moved, seconded by Commissioner Wagner, to MOTION approve the February 24, 2005, Minutes as submitted. Motion carried; February 24, 2005 Vice -Chairman Carlson abstained. Minutes Planning Manager Christensen stated that a number of late WRITTEN communications had been distributed to the Commission this evening COMMUNICATIONS related to Anthony's Restaurant, all letters in favor of the applicant's request. Chairman Funk presented Agenda Item G-2, Environmental Assessment PUBLIC HEARINGS, No. 662 and Conditional Use Permit No. 05-2. Address: 139-143 Main NEW BUSINESS Street. Applicant and Property Owner: Anthony's Pizza and Pasta, LLC. EA NO. 662, CUP NO. 05-2 Assistant Planner Baldenegro presented staff report (of record). Outdoor live entertainment and Chairman Funk opened the public hearing. dancing with amplified sound in an Ron Furnari, owner of Anthony's, advised that Anthony's has been in El outdoor dining area Segundo for many years, with a decent history on complying with the City's of an existing rules/regulations for all its years in operation; and explained that restaurant. approximately 10 years ago, he converted the vacant/nonproductive lot next to his business into an attractive patio — noting that he received an award from the City for the most improved/best decorated business. He advised that in the past 10-year period, there have been approximately 1 El Segundo Planning Commission Minutes, April 14, 2005 2,200 concert events at his business site; noted that he sponsors various fund-raisers that include the live music for entertainment; and estimated that Anthony's has brought into El Segundo approximately 350,000 visitors. Mr. Furnari noted there have been 40 noise complaints over the past 10 years, most of those complaints coming from a couple individuals. He expressed his belief that the majority of complaints had to do more with the music going past the 10:00 p.m. curfew, not so much the noise level itself. He pointed out that the music has not gone beyond 10:30 p.m. He stated they diligently try to stay within the curfew time for music; and noted that he has a decibel reader to help keep the noise within acceptable levels. He added that he has tried to acknowledge the complaints and work with the authorities. Mr. Furnari stated that Anthony's is a great place to bring the entire family; advised that it is not a bar; and noted that the same bands have played at his business establishment for the past 10 years. Mr. Furnari stated he concurs with the conditions of approval. Larry Benjamin, Culver City, stated that he visits Anthony's several times a month; advised that he has made many friends at this establishment; and noted that Anthony's brings business to El Segundo. Tony Martini, representing the residents at 201 and 205 Standard Street, advised that the majority of complaints coming from these two buildings has to do with the excessive noise and the music playing past the curfew — noting that the music has gone after 11:00 p.m. on some occasions. He stated that on Sundays, he has to close his windows in order to get some quiet time and he urged Anthony's to turn down the volume. Christen Kruger, owner of the tavern on Main Street a few doors down from Anthony's, stated that he has operated his business for the last three years; and expressed his belief Anthony's is good for the neighboring businesses in the area. Caroline Rhodes, El Segundo, stated she and her family members have made many friends at Anthony's; commented on the joy the music has brought to her family; and advised that her children have been inspired by the live music. She highlighted the community atmosphere at Anthony's is family oriented. She noted that Anthony's sponsors various fund-raising events that help the community and children. Dave Snowden, volunteer at the Old Town Music Hall, advised that the music from Anthony's is too loud; that the music permeates the Old Town Music Hall when there is a movie or a concert; and he asked that the music be directed in a different direction with a band shell and/or turned down so that it does not permeate the entire neighborhood. Rich Denaseni, El Segundo, advised that Anthony's has not had any 2 El Segundo Planning Commission Minutes, April 14, 2005 alcohol -related incidents; and stated that Anthony's has a good reputation throughout the South Bay. Robin Baker advised that the recent fundraiser event at Anthony's brought in just under $10,000 for Alzheimer's research; and commended Anthony's for allowing the use of his facility for various fund-raising events. Renee Saphier, singer in the band Hard Rain, advised that Hard Rain has played at Anthony's every Friday for the last seven years; stated that they work very hard to keep the music at an acceptable level and to stop at curfew — noting they have sometimes gone over the curfew; and stated they will be more diligent in stopping the music at 10:00 p.m. She commented on the family environment at Anthony's and stated that the live music is valuable to children in a time when are and music is being eliminated in schools. Madeline Kripe, owner of the building at 117 Main Street, asked for input on what changes are being proposed and requested clarification on the reading of decibel levels. Planning Manager Christensen provided input on the readings taken to determine the ambient noise level in decibels. Chairman Funk added that the amplified music will be prohibited on Mondays and Tuesdays, excluding holidays; that it will be allowed on Wednesdays and Thursdays between the hours of 5:00 and 8:00 p.m.; on Fridays and Saturdays between the hours of 1:00 p.m. and 10:00 p.m.; and on Sundays between the hours of 11:30 a.m. and 8:00 p.m. Planning and Building Safety Director Jurjis added that in the past, Anthony's was allowed to have entertainment seven days a week; that under the conditional use permit, the City has conditioned the days and hours which they can have music; explained that the sound decibel levels have been conditioned to 80 decibels; that a drum shield is required around the drum set; that a canvas top is required to be placed over the stage; and that the speakers must be oriented to the south -facing direction. He advised that four times a year, the applicant will be able to apply for a Temporary Use Permit if he would like to entertain on a Monday or Tuesday. Jane Domeyer, Redondo Beach, stated that she has been a patron at both Anthony's and the Old Town Music Hall and noted that she has never heard Anthony's music while inside the music hall. Lisa Matthews, Westchester, echoed Ms. Domeyer's comments; and expressed her belief that Anthony's brings in a lot of business to El Segundo. Heidi Anderson, El Segundo, stated that this business establishment provides a great fellowship and a place to bring the entire family. El Segundo Planning Commission Minutes, April 14, 2005 James Barker, owner of the building at the corner of Richmond and Franklin, advised that sometimes the noise still can be heard even with his windows and doors closed; and urged Anthony's to decrease the volume and to adhere to the curfew. He questioned who will be monitoring the noise. Director Jurjis explained that following a complaint, either the Police Department or Code Enforcement staff will respond to the complaints. He added that the City does have its own decibel meter. Bonnie Herman expressed her belief that the airplanes are much louder than the music coming from Anthony's; and she noted her pleasure in visiting this establishment. Bill Field stated that he has been the operator of the Old Town Music Hall for the past 37 years; and advised that people visit this establishment from all over the world. He explained that for the past ten years, he has been able to hear the music from Anthony's inside the theatre when he's been conducting a concert; and that he can hear the music over the projector equipment when a movie is being played. He stated that Anthony's music is too loud and that the amplifier and the speaker are the main problems. He stated that he had collected 1,400 signatures from his clients complaining about the noise. He added that most of his clients are out-of- town guests who travel a long distance to hear the concert music; and recalled a piano concert inside his facility wherein Anthony's music was heard over the piano. He stated that Anthony's music could be heard as he was recording/conducting a very important live soundtrack for silent movies. He urged the City to make this an equitable situation for all involved — pointing out that the music from his facility has never ruined an event at Anthony's. He stated that the amplified sound at the back of the theatre is deafening and he asked that the speakers be turned in the opposite direction. He questioned why this nuisance has been tolerated by the City for so long. Addressing Chairman Funk's inquiry with regard to when he hears the music. Mr. Field stated he hears the music every time they play, adding that some occasions are worse than others. Chairman Funk pointed out that because there has been no decibel level reading of the music at this establishment, the Commission has nothing by which to measure the current sound. Mr. Field stated that regardless of what a decibel meter reads, if he can hear the music upstairs over his operating machinery or a concert, the music is too loud and that the volume should be reduced until it does not negatively impact the neighbors. He noted that there have been many occasions where he has not called the police when the music has been loud. 4 El Segundo Planning Commission Minutes, April 14, 2005 Chairman Funk suggested that Mr. Field call the police each time the noise is excessive. Director Jurjis pointed out that staff is recommending in the conditions of approval, if approved, that this item be returned to the Planning Commission review in 12 months to find out whether the problems of noise levels persist. Mr. Field stated that he has communicated his concerns to Mr. Furnari. There being no further input, Chairman Funk closed the public hearing. Commissioner Frick stated that while she does not want the music to stop, Anthony's must abide by the criteria for a conditional use permit in that the activity must not harm the public in any way; she pointed out that there are some legitimate concerns addressed by various neighbors this evening; and she pointed out that those who visit Anthony's get to enjoy the live music, but that they get to go home and enjoy some peace and quiet while those who live/work near Anthony's do not have that choice. She addressed her concern with the 80 decibel limit, noting that staff had not measured the noise level while the music was playing and questioned if any measurement has ever been taken when the music was being played. Director Jurjis stated he is not aware of any measurement taken while the band was playing during the evening; and mentioned that the reference point currently is the ambient sound taken at 11:00 a.m., which was 73 decibels off Main Street. Vice -Chairman Carlson suggested bringing this matter back after 6 months, not the recommended 12 months. Commissioner Frick noted her support for reviewing this matter in 6 months. Vice -Chairman Carlson stated it is incumbent upon anyone that is going to object to this conditional use permit to set a good record of the violations and to return in 6 months to present a good argument. Commissioner Frick questioned whether Anthony's received any citations as a result of the complaints made to the police. Assistant Planner Baldenegro advised that no citations were issued, even though the police were authorized to do so. Commissioner Frick noted her discomfort with the lack of firm commitment to stopping the music at 10:00 p.m. Chairman Funk opened the public hearing. Mr. Furnari gave his personal guarantee that there will be no more music 5 El Segundo Planning Commission Minutes, April 14, 2005 after 10:00 p.m. from this point forward Commissioner Frick asked that if Anthony's music goes past the curfews, that the police issue citations for each offense. Vice -Chairman Carlson expressed his belief that the technical conditions for a conditional use permit have been met, that the mitigation measures, time limitations are reasonable and that technically this should qualify for a conditional use permit. He stated that he too has enjoyed the entertainment at Anthony's, that it is a great family restaurant; and he reiterated the importance for those returning in 6 months to provide their input on whether Anthony's is conforming to what is being required. Commissioner Wagner expressed his preference in deleting Condition No. 3, adding that the City's Municipal Code already addresses maximum noise limits. He stated that leaving Condition No. 3 in the conditions of approval has the potential to create an enforcement nightmare; and noted that Paragraph 10 should be amended to reflect the 6-month review. He urged Mr. Furnari to self -police his establishment; noted his hope to gain further input from the community in 6 months; and stated that if there continues to be a problem with noise, that he would then put in a maximum noise level into the conditions of approval. Planning Manager Christensen explained how the noise levels are established in the Municipal Code, that the sound increment which is allowed in industrial and commercial areas is 8 decibels above the ambient sound; advised that ambient sound changes over time in the course of the day and night and that it is not a fixed number at all times; and stated that the noise meter would read the ambient sound and that the noise meter could be adjusted to measure sound specific to a particular noise one is attempting to read. She explained that the Code also establishes a methodology for taking that measurement, that the measurement is taken four feet off the ground surface; and advised that the language in Condition No. 3 would not override the City's Municipal Code related to noise. She added that the 80 decibels was based on taking a reading of a typical scenario in daytime activity to give some perception of what typical ambient sound would be in the area; that it's a variable number; and that staff believed it was more beneficial to have a set number based on industry standards for certain levels of sound. Chairman Funk stated the problem here is the Commission does not know what decibel the music has been played at, but stated that leaving the 80 decibels in the conditions will establish a baseline to address in the 6- month review. Vice -Chairman Carlson noted his preference in leaving a set number in the conditions so that there is a standard by which to measure in 6 months. Commissioner Frick questioned whether an amplifier is necessary. 6 El Segundo Planning Commission Minutes, April 14, 2005 Andy Hill, band member, explained that an amplifier is needed to hear the music at this establishment and advised that the amplifier can be turned down. Planning Manager Christensen stated that staff will take various decibel readings at this establishment in the 6-month period and report back to the Planning Commission in 6 months. Commissioner Wagner asked Mr. Furnari when he has taken the decibel readings. Mr. Furnari responded that he has taken the readings many times at the front and back of his establishment, across the street, down the alley, around the block; and advised that the readings have never been over 80 decibels, that the readings stay between 70 and 80. Commissioner Wagner reiterated his preference to delete Condition No. 3; and urged Mr. Furnari to monitor his music more closely. Chairman Funk closed the public hearing. Vice -Chairman Carlson moved, seconded by Commissioner Wagner, to approve Resolution No. 2581; that Condition No. 3 be deleted; and that Condition No. 10 be amended, returning this matter to the Planning MOTION Commission in 6 months for review. Passed 4-0. The Planning Commission directed staff to conduct over the next 3 to 4 months several decibel readings at this establishment, both on weekdays and weekends, during live entertainment events; and to provide a comprehensive report of those fluctuations, if any, in 6 months. On behalf of the Planning Commission, Chairman Funk thanked everyone for their presence and input this evening. PUBLIC HEARINGS, None. CONTINUED BUSINESS REPORT FROM Planning Manager Christensen advised that the Planning Commission's DIRECTOR next meeting will be May 12tn PUBLIC None. COMMUNICATIONS PLANNING None. COMMISSIONERS' COMMENTS 7 El Segundo Planning Commission Minutes, April 14, 2005 ADJOURNMENT There being no further discussion, the meeting was adjourned at 8:20 p.m. PASSED AND APPROVED ON THIS 12th DAY OF MAY, 2005. " 5- 1, - f, � /-Z' � Seimone J� J s, cretary of the Planning'Commission and Director of Planning, Building Safety . -t A Robin Funk, Chairman of the Planning Commission City of El Segundo, California El Segundo Planning Commission Minutes, April 14, 2005