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2006-04-27 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA APRIL 27, 2006 Chairman Kretzmer called the meeting of the El Segundo Planning CALL TO ORDER Commission to order at 7:02 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. PLEDGE TO FLAG PRESENT: FELLHAUER, FRICK, KRETZMER, ROTOLO, WAGNER ABSENT: NONE None. Chairman Kretzmer presented the Consent Calendar. None. Vice -Chairman Frick moved, seconded by Commissioner Wagner, to approve the April 13, 2006, Minutes as presented. Motion carried, 5-0. None. ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR MOTION WRITTEN COMMUNICATIONS Chairman Kretzmer presented Agenda Item No. H-2, Environmental PUBLIC HEARINGS, Assessment No. 646 and Conditional Use Permit No. 04-02. Applicant: NEW BUSINESS, Sprint, LLC. Address: 203 Richmond Street. Property Owner: Mary EA NO. 646 AND L. Ashley Trust. CUP NO. 04-02 Planning Technician Schopp presented staff report (of record); and A new major wireless noted that the resolution will be amended to correctly reflect the date of communication April 27t" under Item Nos. D, E and F in Section 1 of the Resolution. facility. Chairman Kretzmer noted his concern with site access should the property change ownership in the future, questioning the preference for an access easement versus lease provisions. City Attorney Berger explained that staff is suggesting the condition be El Segundo Planning Commission Minutes April 27, 2006 Page 1 modified, leaving the existing language but adding language to grant both the applicant and any subsequent developer access to the site. Chairman Kretzmer questioned the length of such lease and the ability for someone to interfere with access in the future should no provision be provided. City Attorney Berger stated that he has not yet had an opportunity to review the lease, but explained that access would be provided by necessity for the new owner; and noted that the City would prefer having a recorded access easement or particular language put into the lease. Chairman Kretzmer opened the public hearing. Barbara Farash. representing Sprint. LLC Ms. Farash stated that this facility will help to close the large gap in coverage in this area; and noted that all the conditions of approval are acceptable. She advised that just before this evening's meeting, she presented Planning Technician Schopp with a copy of the signed lease agreement. She explained that a lease agreement in this case provides access to the property; that by having to record an access easement, this burdens the property and does not add any benefit; and that she does not believe there is any need for an access easement to be recorded. Ms. Farash stated that the property has access on all four sides; and noted that if the property is sold in the future, the new owner would then be responsible for the rights in that lease, continuing the allowance of 24/7 access. She noted that any future owner is responsible for providing access as long as the lease has not expired. She added that if the lease expires, Sprint would have to remove the equipment from the property. Ms. Farash explained that it is typical for wireless facilities to sign long-term leases, extending out from 20 to 25 years, in 5-year increments, and running with the land. In response to Commissioner Wagner's inquiry concerning the length of this lease, Ms. Farash advised that the length of the lease is confidential information. Ms. Farash noted for Chairman Kretzmer that the lease is not permitted to be cancelled upon the sale or transfer of the property. There being no further input, Chairman Kretzmer closed the public hearing. City Attorney Berger suggested the following alternative language to El Segundo Planning Commission Minutes April 27, 2006 Page 2 Condition No. 7: "Before the City issues building permits, the applicant must provide a recorded copy of an access easement, or other document in a form approved by the City Attorney, to the City of El Segundo Planning and Building Safety Department to evidence that the applicant has sufficient access to this site. The Planning and Building Safety Director is authorized to determine whether the applicant meets this condition." Chairman Kretzmer suggested adding "to include other documents, such as a lease or license." Commissioner Rotolo expressed his belief the additional wording proposed by City Attorney Berger is sufficient. Chairman Kretzmer addressed his concern with not knowing the length and terms of the lease and whether there are any provisions concerning change of ownership. City Attorney Berger stated that without having had an opportunity to read the terms of the lease, it is not clear -- other from the testimony of the applicant's representative -- whether the applicant is required to remove those new structures from the monopole in the event the lease is terminated or expires; and stated this is something he would like to know. Chairman Kretzmer expressed his belief that because the lease was only presented this evening, additional time should be given to determine if the language in the lease is sufficient. City Attorney Berger stated that if the Commission is interested in this proprietary information, staff could enter into a confidential agreement with the applicant, if the applicant is willing, whereby the City would agree not to release proprietary information but advise the Commission whether the language in the lease is adequate without revealing the actual length of the lease. Commissioner Rotolo moved, seconded by Commissioner Wagner, to MOTION approve the applicant's request, including the amendment to Condition No. 7 as suggested by the City Attorney; and moved to adopt Resolution No. 2600. Motion carried 4-1, with Chairman Kretzmer voting no. Chairman Kretzmer presented Agenda Item No. H-3, Environmental PUBLIC HEARINGS, Assessment No. 622 and Subdivision No. 05-06. Applicant: Michael NEW BUSINESS, Laughlin. Address: 2350 East El Segundo Boulevard. Property EA NO. 622 and El Segundo Planning Commission Minutes April 27, 2006 Page 3 Owner: The Aerospace Corporation. Interim Senior Planner Bill Wollard presented staff report (of record) Chairman Kretzmer opened the public hearing. Dale Wallace. Vice -President, Chief Financial Officer. and Treasurer of The Aerospace Corporation Mr. Wallace stated that this company's headquarters has been at this location since 1960; commented on the need to replace the old facilities that do not meet current seismic standards or provide adequate functionality to support today's industry; and noted that The Aerospace Corporation is co -locating with its customer, the Los Angeles Air Force Base, Space and Missile Center. He stated that the new facilities will be state-of-the-art; and advised that he does not anticipate adding any significant new growth to the employee base over the next two years, that the new buildings will merely move existing employees into new working spaces and provide more functionality. Mr. Wallace advised that the site plan has been changed slightly, placing the electrical switch gear room outside of the parking structure. He noted his concurrence with staff's recommendation, but asked that the following modification be made to Condition Nos. 47, 49, 50 and 51, adding the following sentence after each condition: "Credit shall be given for the existing square footage for the demolished building A-1." There being no further input, Chairman Kretzmer closed the public hearing. Addressing Mr. Wallace's request for credit, Chairman Kretzmer stated it is not within the Commission's purview. Director Jurjis explained that the mitigation fees are codified in the City's ordinance. City Attorney Berger stated that the City cannot simply reduce the amount of impact fees without changing its applicable code, noting the fees are governed by City code and applicable state law. He suggested adding language on Master Page No. 76, Service Fee Condition, "In accordance with applicable law, the applicant must comply with the following" and for the conditions to remain as listed, stating this would give staff an opportunity to work with the applicant in addressing the existing codes. He mentioned that some of the mitigation fees are currently under study. Chairman Kretzmer noted his appreciation for The Aerospace SUBD. NO. 05-06 Approval of an Environmental Assessment for the development of a new 4-story (3 levels above grade) 752- space parking structure, a 4-story 177,400 gross square - foot office building, and a new 1-story 15,900-square-foot high -bay laboratory on the Aerospace Corporate Campus. El Segundo Planning Commission Minutes April 27, 2006 Page 4 Corporation and their contributions to this community. He noted that the impacts to traffic will be fairly minimal and that he believes this is an excellent project. Commissioner Fellhauer moved, seconded by Commissioner Wagner, MOTION to approve the applicant's request; moved to include the suggested amendment on Master Page No. 76; and to adopt Resolution No. 2601. Motion carried 5-0. None. PUBLIC HEARINGS, CONTINUED BUSINESS Director Jurjis noted that the May 11th Planning Commission meeting REPORT FROM may be cancelled. DIRECTOR None. PUBLIC COMMUNICATIONS None. PLANNING COMMISSIONERS' COMMENTS None. OTHER BUSINESS The meeting adjourned at 7:53 p.m. ADJOURNMENT PASSED AND APPROVED ON THIS 25th D70F 6. Seimone Jurjis, VcWtary of the Planning Commission and Planning Manager of Planning, Building Safety Mike Kretzmer, Chairman of the Planning Commission City of El Segundo,_ California El Segundo Planning Commission Minutes April 27, 2006 Page 5