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2006-03-09 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA MARCH 9, 2006 Chairman Kretzmer called the meeting of the El Segundo Planning CALL TO ORDER Commission 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. Chairman Kretzmer led the Pledge of Allegiance to the Flag. PRESENT: FELLHAUER, KRETZMER, ROTOLO, WAGNER ABSENT: FRICK ► rem0 Chairman Kretzmer presented the Consent Calendar. Chairman Kretzmer pulled Agenda Item No. E-2 from the Consent Calendar. PLEDGE TO FLAG ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR Commissioner Fellhauer moved, seconded by Commissioner Rotolo, to MOTION approve the February 23, 2006, Planning Commission Minutes as presented. Motion passed, 4-0. Director Jurjis advised that staff received a letter from the applicant requesting a change in the recommended hours of operation. Chairman Kretzmer presented Agenda Item No. E-2, Environmental CONSENT Assessment No. 690 and Administrative Use Permit No. 05-5. CALENDAR, EA 690 Applicant: Kenneth Garmoe. Property Owner: Bill Ruane. Address: AND AUP 05-5 403 Main Street. Sale of beer, wine Planning Technician Schopp presented staff report (of record). and alcohol for on - site consumption Commissioner Fellhauer stated it was her understanding the (Type 47 ABC restaurants in this area close at 11:00 p.m., questioning why this one License) at a new should be closing at a later hour on Fridays and Saturdays. restaurant. Planning Technician Schopp stated there are a number of restaurants El Segundo Planning Commission Minutes March 9, 2006 Page 1 in this area closing at this later hour, such as The Indian Summer restaurant, which has a Type 41 ABC License (beer and wine only); and two other restaurants/bars -- Tavern on Main, operating until 2:00 a.m., which has one block of commercial between that facility and residential; and the Purple Orchid, which approval proceeded any zoning regulations for discretionary approval. Chairman Kretzmer questioned if staff had received any letters/communications from the public related to this matter. Planning Technician Schopp indicated no correspondence was received. Chairman Kretzmer invited the public to comment on this matter. Ken Garmoe, Hermosa Beach. applicant Mr. Garmoe stated that this new Mexican food restaurant will be called Su Casa; and explained that he is now seeking extended hours after having taken a look at the surrounding 47 alcohol licenses in the Downtown area, noting the similarity with the Purple Orchid and Tavern on Main businesses and their late hours. Chairman Kretzmer questioned if the applicant is seeking to sell alcohol during the morning hours. Mr. Garmoe explained that their intent is to provide a breakfast, lunch and dinner establishment, noting that some may wish to drink a Bloody Mary with their breakfast; and stated that he would prefer being able to sell alcohol during the business hours, but noted he understands the concerns and that he is willing to work with the City. He pointed out that he does not foresee a lot of business with alcohol sales in the breakfast hours, believing that it is more common for people to enjoy a Bloody Mary with their breakfast on the weekends. Director Jurjis noted for Commissioner Rotolo that ABC allows establishments to sell alcohol from 6:00 a.m. to 2:00 a.m. and that the City may not limit those hours. Chairman Kretzmer asked the applicant what he anticipates the additional business will enjoy by extending the operating hours by one additional hour. Mr. Garmoe stated that this will be a Mexican restaurant, serving breakfast, lunch, and dinner; that they are anticipating a bar generating El Segundo Planning Commission Minutes March 9, 2006 Page 2 after dinner hours; and that by restricting his closing hours when the other business establishments are open in the area will cause his customers to seek those other business establishments when his closes down earlier. He noted that Poncho's - a similar, nearby business - is open until 2:00 a.m. He added that if he can generate some bar business after the dinner crowd slows down, this will help to make this a more viable business within this community. Commissioner Rotolo noted that the Downtown Specific Plan encourages more second floor living space on Main Street and noted his concern with the noise. Director Jurjis mentioned that the Downtown Specific Plan allows entertainment inside the establishment's interior; that a CUP is needed if an establishment is seeking outside entertainment; noted that all activity in this restaurant/bar must be kept inside because they are not seeking outdoor seating; and pointed out that this City has a Noise Ordinance that must be adhered to with the operation of these establishments. Commissioner Fellhauer questioned if there will be any live entertainment. Mr. Garmoe indicated that they have not applied for live entertainment. Mr. Garmoe noted for Chairman Kretzmer that this establishment will have 76 seats -- 54 for the restaurant and 22 for the bar. He noted for Commissioner Fellhauer that they have made many improvements to this building, making the bar a bit longer. Commissioner Fellhauer stated that in her experience, it is easier to increase the hours of operation than it is to decrease the hours of operation once a business opens; and she recommended restricting the hours of operation to no later than 10:00 p.m. on the weekdays and 11:00 p.m. on Fridays and Saturdays. She highlighted the close proximity of the residential neighbors. Director Jurjis stated the Commission can add a condition that this item be brought back to the Planning Commission for review in six months. Chairman Kretzmer asked the applicant if there is a crucial difference in the business being open at 6:00 a.m. to noon on Saturdays and Sundays as opposed to 6:00 a.m. to noon Mondays through Fridays. Mr. Garmoe expressed his desire for their breakfast service to be successful enough to warrant opening every day of the week, but stated that the business would probably generate more breakfast clients on the El Segundo Planning Commission Minutes March 9, 2006 Page 3 weekends. He explained that if a restaurant is going to serve breakfast, it needs to be open every day to make it financially feasible — pointing out that breakfast food left from Sunday will not be fresh enough to use the following weekend, that there will be a lot of product waste. Commissioner Fellhauer stated that food deliveries in the alley should be limited. Director Jurjis stated that the Commission may set conditions for the delivery of merchandise. Mr. Garmoe mentioned that once he receives approval, he is ready for business. Chairman Kretzmer asked staff if the El Segundo Police Department had provided any comments. Planning Technician Schopp advised that the Police Department noted the previous restaurant posed no problems; that they couldn't foresee any problems at this establishment with a Type 47 license (full liquor) versus a Type 41 (beer and wine only) license; advised that the Police Department additionally requested if the hours were to be allowed after 11:00 p.m., that staff contact them again, which staff did; and stated that the Police Department indicated they were satisfied with the additional conditions now in place, believing it would be a compatible use based on the 12:00 a.m. Friday and Saturday closing times. Commissioner Wagner highlighted the three restaurants in town that open at 7:00 a.m. and asked if the applicant would be amenable to a 7:00 a.m. opening. Mr. Garmoe stated that would be acceptable. Joseph Escovel, 408 Richmond Street, No. 8, stated that he lives behind this facility and he noted his concern with noise, disruptions to his tranquility, lack of parking at the rear of the building, an increase in traffic on Marketplace (the alley), and disruptive product deliveries. Kelly Escovel, 408 Richmond Street, No. 8, explained that it is essential for the alleyway to be clear in order for them to access their driveway. Cindy Gardner, 408 Richmond Street, No. 6, stated she does not support the extended hours of operation; noted her concern with the lack of parking; and she suggested consideration of parking stickers for the area neighbors. El Segundo Planning Commission Minutes March 9, 2006 Page 4 Mr. Garmoe explained that there are 11 parking spaces in the back parking lot; advised that the adjacent businesses will not be permitted to use these spaces; pointed out that during the evening hours, they will be able to utilize all the parking in this lot because the other businesses will be closed; and stated that he will make every effort to see that the parking is appropriately used. He expressed his belief there is ample parking on Main Street. Chairman Kretzmer asked how long the kitchen will remain open and whether there will be any music in the back patio. Mr. Garmoe stated it is typical for the kitchen to close an hour to an hour and a half before closing time; that the patrons will be able to finish their dinner, and that they will be open for those who wish to come in and have a drink. He stated there will be no music outside; that the interior speakers will provide background stereo music; that there will be no dancing; that this will not be a sports bar, noting there will only be a couple televisions; and reiterated this will strictly be a food and drink establishment, not a sports bar. Kim Lish, 200 Longfellow, Hermosa Beach, stated that she works in the El Segundo area and is familiar with the parking situation; and expressed her belief that limiting the hours of operation by one hour will have no impact upon the parking situation. Commissioner Fellhauer reiterated her concern with the extended hours; that she would like to see this establishment start out closing at an earlier hour; that if there are no problems after a certain period of time, then the applicant should apply for extended hours; and advised that she would support the 6:00 a.m. opening, but that she would not support the later closing hours. She recommended that during the week, this establishment close at 10:00 p.m. and that on Fridays and Saturdays, it close at 11:00 p.m. Commissioner Rotolo stated he favored a 7:00 a.m. opening hour, believing morning alcohol sales won't become an issue; and noted his support for staff's recommendation on the evening hours, closing at 11:00 p.m. on the weekdays and closing at 12:00 a.m. on Fridays and Saturdays. Commissioner Wagner stated he would support a 7:00 a.m. opening hour, similar to the other restaurants in the area; and that the closing hours be those recommended by staff and supported by the El Segundo Police Department, 11:00 p.m. on the weekdays and 12:00 a.m. on Fridays and Saturdays. El Segundo Planning Commission Minutes March 9, 2006 Page 5 Commissioner Fellhauer addressed her concern with the potential for the restaurant clientele to negatively impact the nearby neighbors at the late hour, reiterating her suggestion to restrict the night hours for six months. Commissioner Rotolo noted that all residents can make complaints to the City's Police Department if there is excessive noise; noted the owner's obligation to control any nuisance; and he suggested limiting the hours for using the patio in the back. Director Jurjis mentioned that there is no outdoor seating Chairman Kretzmer highlighted the impact that successful businesses can bring to an area, such as an increase in noise and other disturbances; stated that this can also have a negative impact upon the surrounding residential and commercial areas; and expressed his belief that adequate controls can be put in place to deal with parking problems. He expressed his preference to get more input from the Police Department about the expanded hours and other issues addressed this evening; and suggested that this establishment first try its breakfast business on the weekends before they start expanding to 6:00 a.m. or 7:00 a.m. during the week. In response to Chairman Kretzmer's inquiry concerning when this matter is expected to go before City Council, Director Jurjis advised that this case has been tentatively scheduled to be heard by the City Council at their next meeting. Commissioner Rotolo stated that he would not be in favor of continuing this matter, expressing his belief adequate information has been presented this evening for him to make a decision. Director Jurjis noted for Commissioner Fellhauer that staff recommended the hours of operation, that the Police Department did not oppose those recommended hours of operation. Commissioner Fellhauer stated that she has been working in law enforcement for a while, enforcing ABC laws and issues with ABC licensed locations; advised that bars in this close proximity to residential areas typically create problems for the residential neighbors; and reiterated her desire to limit the hours now rather than later. She stated that this applicant can come back to the Commission for reconsideration once they have some time to prove their operations will have no impact upon the residential neighbors. El Segundo Planning Commission Minutes March 9, 2006 Page 6 Chairman Kretzmer noted his concern with not wanting to unduly delay this matter for the applicant's sake, noting the Commission's next meeting will be after the next City Council meeting wherein this case has been tentatively scheduled; stated that he is not in favor of extending the hours to the hours sought by the applicant; and addressed his concerns with how the conduct of business in this establishment may affect the adjacent restaurants and residents if there are not adequate controls in place. He expressed his belief the character of this town is more consistent with the 11:00 p.m. closing hour; and stated he would support the opening hour of 7:00 a.m. and closing hour of 11:00 p.m., 7 days a week. Mr. Garmoe stated that this is an expensive piece of property with a high mortgage payment; reiterated his desire for a later closing hour to maintain his competitiveness in this industry and community; and estimated his business sales mix to be 85 percent food sales, 15 percent bar sales. He expressed his belief there is ample parking; pointed out that the upstairs of this restaurant is only 1,500 square feet; and that this facility cannot accommodate a mega/super club. Commissioner Rotolo suggested allowing the 11:00 p.m. closing hour with the condition that it come back for review by the Planning Commission. Director Jurjis stated that a 6-month review is typical, allowing for staff to forward any complaints related to this establishment; and he added that a second review would be possible if the Commission desired. Chairman Kretzmer expressed his belief this is not a late -night town; stated he is not persuaded there is going to be a significant profit to be made in that last hour/hour and a half; he suggested the hours of 7:00 a.m. to 11:00 p.m. seven days a week; and that this matter be returned to the Planning Commission after a 90-day period for review. Commissioner Wagner highlighted Condition No. 15, "If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurant, the City may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit," pointing out it is up to the business operator to control these issues of concern. Chairman Kretzmer stated that what he is seeking to do with a 90-day review is to make sure the applicant gets a fair chance/opportunity to come back in a reasonably short period of time to ask for an extension after operating in a successful manner; and stated this will give the business and residential neighbors an opportunity to see how things El Segundo Planning Commission Minutes March 9, 2006 Page 7 operate without unfairly constricting the applicant's opportunity to operate a profitable business. Commissioner Wagner moved, seconded by Commissioner Fellhauer, MOTION to grant the Administrative Use Permit, with operating hours from 7:00 a.m. to 11:00 p.m., 7 days a week; and that this matter return to the Planning Commission for review 90 days from the day of opening. Motion carried, 4-0. Director Jurjis reiterated that staff received a letter from the applicant requesting a change in the recommended hours of operation. None. Chairman Kretzmer presented Agenda Item No. 1-3, Environmental Assessment No. 697 and Zone Text Amendment No. 06-1. Applicant: City of El Segundo. Property Owner: Various. Address: Citywide. Director Jurjis advised that staff is seeking to continue this matter to the March 23, 2006 Planning Commission meeting. WRITTEN COMMUNICATIONS PUBLIC HEARINGS, NEW BUSINESS PUBLIC HEARINGS, CONTINUED BUSINESS, EA 697 and ZTA 06-1 Commissioner Wagner moved, seconded by Commissioner Rotolo, to MOTION continue Environmental Assessment No. 697 and Zone Text Amendment No. 06-1 to the March 23, 2006 meeting. Motion carried, 4- 0. Director Jurjis advised that there are agenda items scheduled for the March 23, 2006, Planning Commission meeting. None. Having not been present at the last meeting, Commissioner Wagner welcomed new Commissioner Rotolo to the Planning Commission. Chairman Kretzmer thanked Assistant City Attorney Greg Kovachevich for staffing this evening's meeting. None. The meeting adjourned at 8:11 p.m. REPORT FROM DIRECTOR PUBLIC COMMUNICATIONS PLANNING COMMISSIONERS' COMMENTS OTHER BUSINESS ADJOURNMENT El Segundo Planning Commission Minutes March 9, 2006 Page 8 PASSED AND APPROVED ON THIS 23rd DAY, Sei one rji , ecretary of the Planing Commission and Director of Planning, Building Safety ke Kretzmer, the PlIanning C City of El Segu ARCH 2O06 airman of ission California El Segundo Planning Commission Minutes March 9, 2006 Page 9