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2006-09-28 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA SEPTEMBER 28, 2006 Chairman Kretzmer called the meeting of the El Segundo Planning CALL TO ORDER Commission to order at 7:05 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: KRETZMER, FRICK, WAGNER, ROTOLO, FELLHAUER None. None. None. PLEDGE TO FLAG ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR Planning and Building Safety Interim Director, Gary Chicots, advised that the WRITTEN Planning and Building Safety Department received a letter (of record) dated COMMUNICATIONS and received September 28, 2006, relating to Environmental Assessment No. 690 and AUP No. 05-5 from El Segundo resident, Joy Daunis. Chairman Kretzmer opened the public hearing. Chairman Kretzmer presented Agenda Item No. H-1, Environmental Assessment No. EA-690, Administrative Use Permit No. 05-5. Applicant: Kenneth Garmoe. Address: 403 Main Street. Property Owner: Bill Ruane. Planning Technician Schopp presented staff report. Planning Technician Schopp stated that Planning and Building Safety does not recommend approving the extended the hours of operation to 2:00 a.m. due to the proximity of the business to residential uses at the rear of the property, but instead recommends extending the hours to 12:00 a.m. on Fridays and Saturdays subject to the kitchen remaining open to serve food and all other original conditions of approval. She stated that a letter was received from Ms. Joy Daunis and copies are available in the lobby and provided to the Commissioners on the dais. She stated that she received one telephone call expressing a similar concern on the availability of parking, possible noise, loitering, and public notification. Chairman Kretzmer inquired that in relation to Planning Staff's recommendation of operations to be amended to 7:00 a.m. to 12:00 a.m. on Friday and Saturday in consideration of the business proximity to the residential uses, how did staff deal with the Purple Orchid and Tavern on Main, as they are, in that, not residential uses and are as close or closer there? PUBLIC HEARINGS, NEW BUSINESS, EA NO. 690 and AUP NO. 05-5 Review business hour of operation and verify compliance of conditions of approval. El Segundo Planning Commission Minutes September 28, 2006 Page 1 Planning Technician Schopp stated that the Purple Orchid's alcohol license was issued prior to the City having a discretionary approval requirement and Tavern on Main was issued under an Administrative Use Permit and there are no immediate residential uses surrounding that property. Chairman Kretzmer inquired as to whether or not they are the only two businesses open past midnight. Commissioner Rotolo wondered if the business owner had any comments regarding the 12:00 a.m. time limit or if that was simply a compromise proposed by staff. Planning Manager Christensen clarified that the Agenda Item was listed under New Business, Public Hearing, and should have been listed under New Business not as Public Hearing. A public hearing is not required nor was it noticed as a public hearing item; however, the Commissioners can still receive comments from the public. In response to Commissioner Rotolo's question, staff's opinion was that midnight was a reasonable hour for Friday and Saturday evenings consistent with approvals of other businesses in the Downtown and in consideration of potential noise impacts to surrounding residences. Staff did not feel it was appropriate for weeknights and provided a list of businesses with the hours that have a midnight close time on Friday and Saturday. Staff stated they are still subject to the noise regulations under the Municipal Code and the original conditions of approval. Commissioner Rotolo commented that the letter from the owner dated August 3, 2006, requested the time frame of 6:00 a.m. to 2:00 a.m. and that the Staff's Report stated 7:00 a.m. He wondered if Staff had an issue with that hour of the morning? Planning Manager Christensen replied that staff's recommendation is to keep it at 7:00 a.m. Assistant City Attorney Berger stated that as with any item on the Agenda, the Commission must take public comment pursuant to State Law. He reiterated what staff pointed out stating that the project was not noticed as a public hearing nor was it required but certainly public comment should be taken. Chairman Kretzmer opened Public comment. Applicant Kenneth Garmoe introduces business partner, Hilary Condren. 2127 Power Street. Hermosa Beach Mr. Condren indicated that the reason he is requesting to extend Su Casa hours of operation is that 1) there is a need; 2) that it will help in the direction of Main Street with what he thinks people want it to become; and 3) as a requirement of the Administrative Use Permit process. Mr. Condren stated that a whole other element of people are excluded from any sort of night-time, social life and are forced to go to the four or five bars that are open beyond 10:00 p.m. If a valuable, viable vibe were created where a high -end restaurant could come in and actually make some money, remain open beyond 11:00 p.m., get revenues during that period of time, and allowed the landlords to charge more money for those spaces, all of the real estate would increase in value and contributing to this town. PUBLIC COMMENT El Segundo Planning Commission Minutes September 28, 2006 Page 2 Lastly, Mr. Condren stated that in El Segundo, every new owner of a business desiring a liquor license for their business must go before the Planning Commission to obtain a new Administrative Use Permit which, he believed, was unlike all surrounding cities. Commission Rotolo inquired with Mr. Condren about the letters of concern which addressed car noise as they leave the restaurant, how it affected the residential area located in the back, and asked him if he had ideas on litigating those issues. Mr. Condren stated that he did not believe the argument because none of the customers park in back of the restaurant. The people that do park there live at the residences located in the back but he was up for any suggestions. Commissioner Rotolo inquired as to whether or not the rear door was left closed, usable, but propped open which would be another concern about noise getting outside of the restaurant. Mr. Condren stated that they would shut it, but due to fire codes, must leave it open. Chairman Kretzmer inquired as to whether or not there was a patio in the back area being used. Mr. Condren responded "no". Chairman Kretzmer inquired as to Mr. Condren's need to have his restaurant open until 2:00 a.m. Mr. Condren stated that they are still dialing -in a lot of their labor and food costs, have only been open for four months, and have a lot of volume. It would help them significantly if there were another source of revenue which takes the subject back to the 6:00 a.m. so they can do breakfast because the restaurant business is tough and they need to maximize the dollars. Commissioner Rotolo inquired as to what time the restaurant presently opens in the morning. Mr. Condren explained that they presently open at 11:00 a.m. and are awaiting the finalizing of their hours. Commissioner Rotolo inquired as how important the additional hour in the morning actually is on whether or not they will serve breakfast. Mr. Condren replied that it was not crucial if they start at 7:00 a.m. instead of 6:00 a.m. Commissioner Fellhauer inquired as to whether there were any plans to expand at any point in time. Mr. Condren replied, "sure". Commissioner Fellhauer inquired with staff if Mr. Condren did expand the restaurant to a neighboring location, whether it would have to come before the Commission again. El Segundo Planning Commission Minutes September 28, 2006 Page 3 Planning Manager Christensen replied that since he would be modifying the conditions of approval for this particular space, it would have to come before the Commission for approval. Chairman Kretzmer asked if any complaints were received from any one directed to Mr. Condren or Mr. Garmoe. Mr. Condren replied he did not receive any complaints. Commissioner Rotolo inquired as to how busy it got Friday and Saturday nights leading until 11:00 p.m. Mr. Condren responded that they are busy but they have to have everyone out of the restaurant by 11:00 p.m. which means no one can be seated past 9:30 p.m. without getting uncomfortable. He stated they are willing to compromise and possibly 1:00 a.m. on the weekends and midnight during the week would be the better time and would help significantly. Joan Parker — 419'/2 Standard St. Ms. Parker stated she had no problem with the extended hours of operation to serve liquor, but did have concerns with the parking and noise issues. She continued that if patrons of Su Casa decide to park in the area along side Fantastic, they would be exiting right by her and her neighbor's bedrooms, since it's one-way, and they already have somewhat of an issue there with people leaving at 2:30 and 3:00 a.m. adding that any more people coming would be a major concern. Kelly Escobel - 408 Richmond St. Unit 8 Ms. Escobel stated that she did not see the difference among Su Casa, Chef Hannes, and Second City Bistro which she felt were are all upper -scale and welcomed restaurants; nor did she see why they feel the need to stay open until 2:00 a.m. when Second City and Chef Hannes does not and did not see the difference among the three restaurants. With regards to the "uniqueness of the use permits" here in El Segundo, that's what keeps this town unique, small, keeps the right element of people in or out. There's nothing wrong with the way the Planning Commission applies use permits because that's what makes El Segundo the small Mayberry town, and that's the way most of the residents want to keep it. Chairman Kretzmer inquired of Ms. Escobel as to whether she had any particular issues. Kelly Escobel - 408 Richmond St. Unit 8 Ms. Escobel replied they were all involved with the car alarm issue which belonged to one of their neighbors that lived in their building, and Mr. Garmoe was extremely helpful — they ended up having it towed by the Police Department. She has heard car alarms, people singing, trash dumping, and all cars driving down the alley. James Perfetti 408 Richmond St. Unit 9 Mr. Perfetti stated that he likes what the restaurant has done, but that they just do not want it open until 2:00 a.m. since it is located so very close to residential bringing lots of noise. He believed the noise element would be worse if they kept it open longer and that Su Casa is more of a family -oriented restaurant, El Segundo Planning Commission Minutes September 28, 2006 Page 4 but if they go to 2:00 a.m. hour, they would have a lot more of the heavier drinking customer. Chairman Kretzmer inquired with Mr. Perfetti as to whether or not he is getting people coming out of the restaurant down the alley who are making a lot of noise. Mr. James Perfetti 408 Richmond St. Unit 9 Mr. Perfetti responded that the people that park in the back of the restaurant can be heard quite easily and are of concern; also, he obtained signatures from everyone in their complex on this matter. Ms. Valerie Toney 400 Richmond St. Unit 3 She stated that the issue about the bottles is a huge one, that it is very, very noisy, and the dumpster is not always closed. Ms. Mona Isman 415 Concord St. Ms. Isman stated she enjoys Su Casa and El Segundo residents have to make a decision as to whether or not they only want the restaurant open for lunch. She has returned to her residence late on several nights and just wanted a place to sit and have a good meal. El Segundo is not just a town of families with four -month olds, but also with young, single adults. Su Casa is a great addition, as is Farm Stand, and she would like more of those type of restaurants. She could understand not wanting to abut to a busy street, but her challenge is Main Street was here first, in a sense, and as long all the businesses are considerate of who's situated behind them, it doesn't mean the City policy should be changed, nor should the town be shut down at night. She believes the City looks at all things including to be considerate of all residents, but should they stop the flourishing businesses. Maybe if Su Casa built a business until 10, 11, 12:00 a.m., maybe Chef Hannes' would stay open as well. It is a positive for the City of El Segundo and there should always be concern and consideration by the applicant of the surrounding residents, and not to stop the potential of creating a place to eat after 9:00 p.m. El Segundo resident Tim McMannus - 420 1/2 Richmond St. Mr. McMannus questioned whether the City needed another bar on Main Street adding that 2:00 a.m. is too late, there is not enough parking on Main Street, and parking would end up being a problem on the alley since you cannot park thirty cars on Main Street. Commissioner Frick inquiring with Planning Manager Christensen as to whether there was anyone currently looking to build a residence above their business on Main Street. Planning Manager Christensen replied that Staff has not had any recent inquires about adding residential. Commissioner Frick directing her comment to Mr. Condren, stated she would hope they go back and take those concerns just heard into consideration. Commissioner Rotolo explained that the major reason the Downtown Specific Plan was created was for Main Street to flourish. He enjoyed the late night options, but there are some neighbors that would be impacted. Certainly Mr. El Segundo Planning Commission Minutes September 28, 2006 Page 5 Condren agreeing to compromise to a 1:00 a.m., review on six months, and the sign restrictions on late at night trash dumping to be put in the parking lot would help. Planning Manager Christensen stated they could condition it just as was done the last time stating to come back in six months and build that into the approval. Presently, there already is a condition in the existing entitlement regarding excessive noise, and the City has a noise ordinance in the municipal code that is applicable. Commissioner Rotolo stated if the restaurant were to stay open later, it would be in their best interest to take it upon themselves to try to litigate the noises. Theoretically, they wouldn't require any additional verbiage to require that to avoid revocation. Commissioner Wagner explained that with the AUP process, the City has opportunity to revoke it. Planning Manager Christensen stated that the Commission could certainly add a specific condition to address the trashing of bottles at night. She clarified there is no approval or entitlement for any entertainment, or outdoor amplified sound or a bar which would require a Conditional Use Permit which is a separate entitlement. Commissioner Fellhauer inquired if this means no live bands are allowed there. Planning Manager Christensen responded, "No", and they would have to apply for a Conditional Use Permit and go before the Commission for consideration. Commissioner Fellhauer inquired as to whether it was possible to have the back door an emergency exit door only, unlocked, and not to be used for regular business. Chairman Kretzmer stated if it were possible to close it as a point of ingress and egress at 11:00 p.m. or midnight, while remaining available as an emergency exit to satisfy Fire and Police. Planning Manager Christensen explained that it was feasible and if there was an issue with it, the condition could be drafted to make it subject to building and fire codes, but that the main issue is exiting not entry. Chairman Kretzmer commented that a sociology book could be written on all the changes that have occurred within three or four blocks on Main Street - - Mulberry is rapidly changing. It is an enormous commercial and business town interest, as well as home to ten of the top 100 fortune companies and has become a much younger town bursting at the seams, schools, athletic fields, new kinds of families that are coming into the area. When you look at the hours of operation they are talking about, Main Street probably provides lots of parking after 9:00 p.m. He has heard the concerns and the anticipated fears, but must look at the evidence and what kinds of problems did they encounter. What they encountered was a car alarm and one other complaint. No complaints of rowdiness, fights, or an unruly bar crowd. He hasn't heard anything that tells El Segundo Planning Commission Minutes September 28, 2006 Page 6 him that this particular establishment has actually resulted in any of the problems that were feared. They have had our test period and it has been served well. Su Casa it is great restaurant, the owners are very good, responsible citizens, and believed the owners will work very hard with the employees to minimize the noises when closing down. He continued by stating that he takes the concerns of the residences seriously and urged the audience to come to them if there's an issue, but didn't think there will be any. Appropriate hours of operation would be a midnight Sunday thru Thursday and Friday night to 1:00 a.m. with a six-month limit on it to come back to the Planning Commission just to make sure they are continuing to address the issues; a restriction that the back door closes at 11:00 p.m. for exit purposes; the kitchen stays open for the hours of operation of the business; and a written set of guidelines for their employees on handling the trash, etc. be composed. Vice Chairman Frick stated that reviewing the establishment in a year would be a better time -frame which would include the summer cycle because she did not want to keep bringing the applicants back. Commissioner Rotolo addressed the applicant, Mr. Condren, that it is the best interest to accommodate their customers and neighbors. Commissioner Fellhauer stated they would hope the applicant would address those concerns brought up tonight. Chairman Kretzmer questioned if they put it as a condition, are there any Health Department requirements that would not allow you to keep the trash in the restaurant. Mr. Condren, explained that the trash could not be left in the restaurant, but it could be left outside deck and be taken it to the bin in the morning. Mr. Garmoe explained that the AUP already has a condition about noise and they would continue to do a better job of making sure the trash does not get taken out too late at night. Chairmen Kretzmer stated he would trust that both Mr. Condren and Mr. Garmoe do exactly what they have represented to do. There being no further input, Chairman Kretzmer closed the hearing. Chairman Kretzmer stated that the form of the motion would be Sunday through Thursday 7:00 a.m. to midnight, Friday and Saturday to 1:00 a.m. Commissioner Rotolo motioned to modify the hours of operation and MOTION preventative noise measures for Environmental Assessment No. 690 and Administrative Use Permit No. 05-5 consistent with what the Planning Commission has directed, seconded by Commissioner Fellhauer. The modifications is as follows: Sunday through Thursday, 7:00 a.m. to midnight, and Friday and Saturday, 7:00 a.m. to 1:00 a.m.; require the rear door to read "emergency exit only" after 11:00 p.m.; that the business owners create a set of standards for their employees in minimizing the noise in the late evening and El Segundo Planning Commission Minutes September 28, 2006 Page 7 closing hours, and further, that the case be reviewed in one year. The set of standards for their employees purposed by the Applicant, and found acceptable by the Director, shall be given to Planning and Building Director, Gary Chicots, for review within ten days. Motion carried 5-0. Chairman Kretzmer thanked everyone for their participation. Chairman Kretzmer presented Agenda Item No. H-2, Environmental Assessment No. EA-711, and Subdivision No. 06-4, Vesting Tentative Map No. 64217. Applicant: CAM Construction. Address 443 Richmond Street/210 W. Pine Street. Applicant: CAM Construction Inc. Property Owner: CAM Construction Inc. Planning Technician Schopp presented staff report. The project is a request to merge two existing lots into one lot to construct a 4- unit condominium and meets all zoning requirements. It is consistent with the General Plan, Goal 3 of the City's Housing Element, categorical exempt pursuant to California Environmental Quality Act, Class 3, as a multi -family residential development, and none of the findings for denial exists. One condition received from Public Works requires the applicant to relocate the parkway along Pine so that the parkway is closest to the curb with the sidewalk being interior, and recommends approval subject to the conditions of approval contained draft resolution No. 2609. Inquiries from residents were received expressing concern over density and the lack of parking in the area; however, the project complies with all development standards including parking. Commissioner Fellhauer questioned as to whether there was any reason that there was not a CC&R included for requiring that the garages not be used solely for storage and that they leave enough space available for parking. Planning Technician Schopp responded most certainly and that if it was absent in the packet, then they can certainly add it to the CC & Rs. Chairman Kretzmer explained that they had that similar condition in any number of projects, if it's not in there, then they should have it. Planning Technician Schopp explained that on page 57, Condition number 58 states "the applicant must record the Covenants, Conditions and Restrictions (CC&Rs) specifying that no storage is permitted within the required parking spaces consistent with the El Segundo Municipal Code". Commissioner Rotolo - The existing city tree on Richmond Street, it appears on the plans that it remains, is that correct. Planning Technician Schopp replied that yes, in fact, it is a condition of approval Parks and Recreation has requested that the tree remain in place. Applicant Representative Vargo explained that they are demolishing three small bungalows that basically have two parking spaces on site and are not taking away street parking for the new complex, one additional unit will be being added, as well as ten parking spaces to accommodate the four units. The project does meet all the development standards; the way it is designed it creates some interesting and exciting street presence from both Pine and Richmond Streets and she asks that the project be approved. PUBLIC HEARINGS, NEW BUSINESS, EA NO. 711 AND SUB 06-4; VTM 64217 A request to merge two lots into one for the purpose of constructing a four - unit condo. El Segundo Planning Commission Minutes September 28, 2006 Page 8 Commissioner Rotolo questioned if there were two existing parking spaces on - site. Applicant Representative Vargo stated there is a garage currently off the alley. Gary Schmunk. 415 Concord Street Mr. Schmunk stated his concern was density and parking. The parking where he resides on Concord is terrible and he does not see the possibility of any relief. Four units where there were two small single studio -sizes plus a home in the front which means a lot more people. He would ask that for any future projects, like this, that a study on the parking requirement per unit be done on how many vehicles the average family has because the number has changed tremendously. The density has gone crazy, and the parking overflow on the 300 block of Concord is so tremendous it runs all the way into the 400 block. In a one -bedroom apartment, there's two or three people, two cars, two stalls per unit plus two visitors parking and that is not sufficient. The code needs to be revisited to make the parking issues more sufficient. Bonnie Lietke. 501 and 503 Richmond Street Ms. Lietke inquired whether or not the City could come up with a residential two-hour parking limit permit parking to gain control of the parking problems? She had also petitioned for a speed bump, but was told that because Pine is such a busy street and the City needs police and fire access, and they cannot put a speed bump on it. Putting this complex there is just going to cause more parking problems. Connie Thrasher, 512 Richmond Street Ms. Thrasher stated that there will be an impact to the living conditions such as the privacy and parking issues. Two parking spots along with two shared visitors stalls is not going to be adequate, and I don't understand the benefit to the City or the residents by packing a 4-units on a 7000 sq. ft. lot. They'll be coming out of the alley on Pine St., unless they go the other route, and coming out would be a safety hazard with a real business intersection at Pine and Richmond Streets. What do they want the town to look like? Safety is the bigger concern. Janet Groves 219 W. Pine St. Ms. Groves stated she lives in a small house facing Pine St., and the new complex would be very, very intrusive on her privacy. They will be looking directly into my living room, and the parking requirements for the new complex are not enough - - Four -month old babies will grow -up and they will drive which means one -more car on the street. The parking problem on this street is severe and she suggested that somebody really look at this problem. They are affected by Farmer's Market, all the fairs, the business, etc. There are no other huge unit complexes as the one being proposed on Pine Street. This is going to cause a huge parking problem, more so than they have now. Sammy Kriestorac I love the city, but if this goes up, I might have to move. Kris Beck. 418 Concord St. My neighbors told me about this meeting, but I didn't get a letter regarding this meeting. I don't know how they are supposed to know about this but I ditto the El Segundo Planning Commission Minutes September 28, 2006 Page 9 parking problem. Another thing that wasn't brought up, was the street cleaning and the parking problems that arise just from that is something else. The parking issue really needs to be addressed and don't see how this is going to help our street situation. Mr. Contreras, 508 Richmond Street I have the same problems with the cars. They've got the problems with the schools, businesses, etc., think you should consider the potential added parking problems. Mona Isman, 415 Concord St. Ms. Isman stated that parking situation is an awful problem and that El Segundo must have a neighborhood vision with limits areas to be apartment and condo dwellings, and homes. This particular complex blocks out a major, beautiful area of El Segundo. There are magnificent homes in the particular area where this complex will be constructed and will be blocked, and now you've reduced the value of their homes. Dennis Beck. 418 Concord Street Mr. Beck questioned whether or not the people in the neighborhood were suppose to get a mailer for tonight's Planning Commission Meeting. Planninq Manaqer Christensen Ms. Christensen explained that Notices were provided as per State Law requirements which includes publishing in the El Segundo Herald newspaper. Also property owners within 300' of the property are notified based on the latest available information from the County Assessors Office on the property owner of record is. The notice is also posted at City Hall. Dennis Beck, 418 Concord Street Mr. Beck explained that he was a property owner of 17 years and within a 300- foot radius as were most of the people here tonight, but none of them received a letter and wondered how staff checks that process. He believed there would have only been standing -room only at tonight's meeting had residents been noticed and closed by commenting how he loved this town and hoped it would not be like Manhattan Beach. Applicant's Representative Vargo explained that nothing is completely a done - deal that's why the Planning Commission is here and when a project is designed to meet development standards, certain items have to be taken into consideration under state law. More bedrooms does not necessarily mean more people because it could be used as a den, office, guestroom, and they have the requirements in the CC&R's that the garages cannot be used for storage but must be used for two motor vehicles as required by code. The property is zoned R-3, a transition to the R-1 neighborhood, there are a certain inherent rights that go with an R-3 property; however, there is still a front yard, and the units front doors will face Richmond and Pine Sts., so it will have that inviting look. The condominiums are typically bought by young couples starting out, it doesn't block anyone's sunlight because of the setbacks and it sits on a corner, and would like the Planning Commission to approve the project. Janet Groves 219 W. Pine St. Ms. Groves understood and realized the development standards comply but still felt it was insensible. El Segundo Planning Commission Minutes September 28, 2006 Page 10 Chairman Kretzmer closed the public hearing. Chairman Kretzmer thanked everyone for their comments and told everyone of a recent single-family unit that was taken out and repeated his sentiment that just because you can do it, doesn't mean you should. The vesting tentative map is granted unless they find that it does not comply with the requirements, and the particular project is an R-3 Zone and appears to meet the law and statutes. Vice -Chair Frick explained that she would love to deny this map, but as it was stated, that would be difficult since everything is in order. Addressing the quality of living should be addressed for those people with whom their privacy would be affected. Chairman Kretzmer explained that as long as he has been on the Commission, he has railed about the traffic on Richmond, Pine, Virginia, especially, because it runs by the school; unfortunately, that was, in affect, an issue for another time and place. It was not within the scope of tonight's project, but he wanted everyone here to know their comments were certainly heard. He further explained that one of the things about findings for denial of a subdivision is that the design or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat which closes the door a little bit for us. He had not been able to find that the site is not physically suitable for this type of development — that is more of a technical requirement. The site is not physically suitable for the proposed density of the development. This project fits in within the R-3 standards. Planning Manager Christensen explained that it is a technical requirement, it really addresses topography and the physical ability to construct and as the site is a fairly level, standard, rectangular lot. It complies with the General Plan and the density with a net of one new unit. Chairman Kretzmer explained that he would encourage all of the audience to go to the City Council because these are serious and unnerving issues for all; however, within the scope of what they are asking tonight and within the responsibility of this Commission is charged, he could not make a finding that would justify a denial of the subdivision based on the criteria that they must consider. Commissioner Rotolo explained that the zoning codes all allow for this use and the density of this area; unfortunately, where the residents live, is adjacent to R-3, and R-2, and it does fit into the requirements of the code. Given that, he did not see any reason to deny it. Chairman Kretzmer inquired with Ms. Vargo as to whether she would consent to a provision in the resolution that the property owner and her, as the representative, will meet with the adjacent property owners and consult with them with regard to the design of the property. Applicant Representative Vargo replied she, in fact, would meet with them upon request. El Segundo Planning Commission Minutes September 28, 2006 Page 11 Assistant City Attorney Berger explained that they could add a condition, page 58, condition 62, which would read, "Consultant agrees to meet and confer upon request with adjacent property owners with regards to relative privacy issues". Commissioner Fellhauer moved, seconded by Vice Chairman Frick to approve Environmental Assessment No. EA-711 and Subdivision No. 06-4, Vesting MOTION Tentative Map No. 64217, Resolution 2609, adding condition number 62 reading "Consultant agrees to meet and confer upon request with adjacent property owners with regards to relative privacy issues". Motion carried 5-0 None. CONTINUED BUSINESS Planning and Building Safety Interim Director Chicots stated the next scheduled Planning Commission Meeting will be adjourned. REPORT FROM DIRECTOR Commissioner Rotolo stated he would like a copy of the R-1 ordinance that was adopted. PLANNING COMMISSIONERS' Chairman Kretzmer stated that he watched the City Council meeting held on COMMENTS October 3, 2006, with regards to what they considered at the last Planning Commission meeting held August 24, 2006, and he had serious concerns about what was presented to City Council versus what they actually did on the Planning Commission meeting. He is requesting a copy of the Staff Report that went to before the City Council and for all future staff reports that are prepared by Planning Staff. He believed he has an obligation as Chairman of the Commission, to ensure the proper tone and that all of their comments are conveyed to Council and taken seriously by City Council. Planning Manager Christensen explained that she will make sure that the City Clerk puts the Planning Commissioners on their distribution lists. None. None. PUBLIC COMMUNICATIONS OTHER BUSINESS The meeting adjourned at 9:34 p.m. ,� ADJOURNMENT PASSED AND APPROVED ON THIS 8th DAY OF FEBI�UARY/LJ007. Gary Chicots, Secre�do of The Planning Comr4itsion and Interim Director of Planning and Building Safety Department Michael Kretzmer,/Chairman of The Planning Commissioner City of El Segundb,_California El Segundo Planning Commission Minutes September 28, 2006 Page 12