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2006-12-14 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA December 14, 2006 Commissioner Wagner 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. z Commissioner Fellhauer led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG PRESENT: WAGNER, ROTOLO„FELLHAUER ROLL CALL ABSENT: KRETZMER, FRICK El Segundo resident, Brian Crowley, requested that the Planning PUBLIC Commission consider several issues when they review Environmental COMMUNICATIONS Assessment No. 725 including maintaining a mix of land uses, minimum lot sizes and lot frontages, sufficient parking and economic considerations. Commissioner Wagner presented,the Consent Calendar. CONSENT CALENDAR Commissioner Fellhauer moved, seconded by Commissioner Rotollo, MOTION to approve the November 9, 2006, Minutes as submitted. Motion carried 3-0. None. None. Chairman Wagner presented Agenda Item H-2, Environmental Assessment No. 661, Zone Text Amendment No. 06-03, Development Agreement No. 05-01, and Conditional Use Permit No. 05-01. Applicant: Automobile Museum c/o Earl Rubenstein, AIA. Address: Citywide (Zone Text Amendment) and 610 Lairport Street (Automobile Museum); Property Owners: Various (Zone Text Amendment); Stanley M. Zimmerman/John Tonoyan (Automobile Museum). Planning Manager Christensen stated that Assistant Planner CALL ITEMS FROM CONSENT WRITTEN COMMUNICATIONS PUBLIC HEARINGS, NEW BUSINESS EA NO. 661, ZONE TEXT AMENDMENT NO. 06-03, DEVELOPMENT AGREEMENT NO. 05-01, and CUP NO. 05-01. Zone Text Amendment to amend ESMC §15-1-6 to El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 1 Baldenegro would be presenting the staff report. Assistant Planner Baldenegro presented the staff report (of record) Commissioner Rotolo inquired as to whether the displayed layout is the new proposed layout with the driveway and the parking spaces removed. Assistant Planner Baldenegro stated that the applicant's rendering that was brought in shows proposed minor modifications to the site proposed by the applicant adding the minimum five-foot parkway that planning staff recommended to satisfy landscaping. Commissioner Wagner inquired as to whether the 18 tandem parking met code requirements. Assistant Planning Baldenegro stated the parking demand study recommended a minimum of 12; however, because of the special events that the applicant might have and the possibility of extended hours beyond the minimum hours with which the applicant originally requested, planning staff is requiring a minimum of 34 especially after comparing against the Merconia/Peterson and Los Angeles requirements. She added that they would be required valet parking. Commissioner Wagner opened public communications. Stanley Zimmerman — Property Owner/Applicant Mr. Zimmerman stated it is a unique type of non-profit, philanthropic automobile museum, and is the only automobile driving museum in the United States that allows a person to sit and ride in the cars and is free of charge. Their mission is education, to encourage people to understand these cars so future generations will maintain recollections of them so they don't disappear from the realm of our country. Vehicles started in 1900, and the museums earliest vehicles is a 1904, which is really a motorized wagon, and only one in 100,000 people in the United States has ever rode in one. He requested modifications to the Conditions of Approval stating that Condition No. 4 limits the number of vehicles to 75 cars, and he would like it to be 80. Currently, they already have portion of a storage facility and they will be expanding it. With regards to the parking stalls having to be stripped, he stated that he does not want to see a restriction on the vehicle striping, and would like Condition Number 5 deleted and believed all the other conditions appear ok. add a new definition for Museum to the El Segundo Municipal Code §15-1-6 and to amend El Segundo Municipal Code §15-5D-5 to add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the requirements in ESMC Chapter 23. El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 2 He pointed out that the rendering that was brought in depicts a circular driveway because it's the safest method of loading the people into the cars stressing that those types of cars should never be backed -up. He asked to have flexibility with the driveway design to keep the rightmost driveway. He added that one must be at least 10 years of age to ride in the cars, and those between the ages of ten and eighteen must wear a seat -belt. He stated that Condition Number 12 is bothersome as they are a non- profit organization and are supported by donations — they serve as a public service host to organizations such as the cub scouts, school tours, autistic children, elderly, as well as children with cancer. He stated that since they are a non-profit museum, they should be treated as a non-profit organization. He continued to review the Conditions, and stated that the services fees were ok, that they have already taken care of surveillance noted in their plans. Regarding Condition No. 31, they would like to have a little more flexibility on how they landscape. He introduced Ms. Lori Lewis as the executive director of the museum and stated that she would be on site. He pointed out that in order to drive those type of cars, the person must be specially licensed. A docent has to be qualified to drive the specific vehicles. Commissioner Rotolo stated he was curious about the in -lieu fees and whether there were any averages of the sales revenue from the gift shop. Mr. Zimmerman stated they have to comply with certain Internal Revenue Service code requirements and are not supported by a foundation, but are a direct 501(C)(3) Museum which restricts how much help he can give the museum so a certain amount of monies have to come from the public; in addition, there is a restriction on it stating that no more than 2% of their total revenues can come from the store and if it goes over, they must get matching donations from public funds. His estimate is that they will generate revenue in the range of $50,000 a year. Mr. Croxall - El Segundo resident, 742 W. Mariposa Mr. Croxall stated that he wanted to reiterate what Mr. Zimmerman had already pointed out that the museum is an educationally -minded museum and would be a great opportunity for El Segundo middle schools and the community. Mr. Brian Crowley - El Segundo resident, 501 California Mr. Crowley stated that he signed a petition in support of the El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 3 automobile museum; that he is very much in favor of the approval; and was present at tonight's meeting to state that a museum as a permitted use is a very good thing and should be allowed. He stated that he thinks that it would be good that the use is permitted with a Conditional Use Permit since there all kinds of museums with different conditions that need to be controlled by imposing conditions of approval. He stated that making use of that particular area on Saturdays and Sundays is very synergistic. He did wonder whether it was a little audacious for the City to take a non-profit and ask for a business tax because there were only going to be a small income from it and hoped that there would be no impact to Fire nor Police departments. Commissioner Wagner thanked Mr. Crowley and proceeded to inquire from the applicant as to how many employees, on an average day, would be on site and what the hours of operation would be. Property Owner/Applicant Zimmerman responded there would be five to six staff people and that when they had a special event, they would then call in the docents. The hours of operation requested would be Friday, 12:00 p.m. to 8:00 p.m., Saturday and Sunday 10:00 a.m. to 4:00 p.m. Commissioner Fellhauer stated that the applicant brought up Condition Number 4 and she would like it changed to read 80 vehicles. Planning Manager Christensen stated that staff had no problem with that but would have to check with Fire and Building codes and that Commissioner Fellhauer inquired of the Assistant City Attorney as to whether or not the condition verbiage could be modified to read 80 maximum for automobiles. Commissioner Rotolo stated be felt it was a good project and that it further expands the diversity of uses and would improve El Segundo. He continued by stating he would like Condition No. 12, regarding the in -lieu fees, waived considering that these will be some sales tax generated and also with a small number of staff on -site, he didn't imagine the business tax would be great anyway. Commissioner Fellhauer inquired as to what amount of fee would be charged. Planning Manager Christensen replied that it was the equivalent to what the business license fee would be over the same time period — typically calculated at twenty years totaling $38,000. El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 4 Commissioner Fellhauer stated she was also ok with waiving the fee as well and inquired again if the text could be added to Condition Number 5, regarding the parking stalls for the vehicles on display inside the museum having to be stripped as shown on the plans to allow it to be changed from time to time. Planning Manager Christensen stated that Assistant City Attorney Berger was working on suitable language to modify the conditions. She stated that although it was the first time that staff has seen the applicant's modifications to the driveway and landscaping as shown on the rendering, it appears to meet the City's requirements but staff would have to review it. She also reminded the applicant that if they desired to restate their desired hours of operation, that clarification must be brought up tonight because what was originally submitted on their application to staff was 10:00 a.m. to 4:00 p.m. Property Owner/Applicant Zimmerman stated the hours of operation requested are: Friday, 12:00 p.m. to 8:00 p.m., Saturday and Sunday 10:00 a.m. to 4:00 p.m. Commissioner Rotolo inquired as to whether the applicant would be able to host interested groups by appointment without any parking impact problems. Planning Manager Christensen stated staff did not put a condition restricting special events, but they would have to adhere to the conditions of approval that adequate parking be provided. Assistant City Attorney Berger suggested language for Condition No. 4: "The museum must contain a maximum building display area of not more than 80 automobiles as allowed by applicable law and consistent with a floor plan submitted to the Planning and Building Safety Department". Assistant City Attorney Berger stated that this would put a cap of 80 total vehicles, but there might be a lesser number if required legally for ADA or fire code purposes. Assistant City Attorney suggested that Condition No. 5 be modified to read: "Vehicles must be displayed and positioned inside the museum in accordance with applicable law, including, and without limitation to the California Fire Code". He added that regarding Condition No. 12, he was unclear as to whether or not the Commission wished to include hours of operation. Commissioner Rotolo stated that he proposed that the hours of operation include Fridays, 12:00 p.m. to 8:00 p.m., and Saturdays and Sundays, 10:00 a.m. to 4:00 p.m. El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 5 Assistant City Attorney Berger stated that presently there are no limitations on the hours of operation so it would be an added condition to the Conditions of Approval. Commissioners Rotolo, Fellhauer, and Wagner agreed to not add a condition regarding hours of operation. Commissioner Wagner moved, seconded by Commissioner Fellhauer to waive the parking -in -lieu fees. Motioned carried 3-0. Commissioner Fellhauer moved, seconded by Commissioner Rotolo, MOTION recommending to City Council to adopt Resolution No. 2613, approving Environmental Assessment No. EA-661 and Zone Text Amendment 06-03 regarding the proposed Ordinance which adds a new definition for "Museum" to the El Segundo Municipal Code §15-1-6 and amends El Segundo Municipal Code §15-5D-5 to add "Museums" as a conditionally permitted use permitted use in the Corporate Office (CO) Zone, subject to the requirements in ESMC Chapter 23. Motion carried 3-0. Commissioner Fellhauer moved, seconded by Commissioner Rotolo, MOTION recommending to City Council to adopt Resolution No. 2614 approving Environmental Assessment No. EA-661 and Conditional Use Permit 05-01, amending Condition Nos. 4 and 5 and deleting Condition No. 12. Motion carried 3-0. None. PUBLIC HEARINGS, CONTINUED BUSINESS Interim Director Chicots stated he had no report. REPORT FROM DIRECTOR Planning Manager Christensen stated that the next regular meeting of the Planning Commission would be January 11, 2007, and that the Commissioners would receive a calendar of the Planning Commission schedule for 2007 with their next meeting packet. None. PUBLIC COMMUNICATIONS Commissioner Fellhauer wished everyone happy holidays and Happy PLANNING New Year. COMMISSIONERS COMMENTS J% Commissioner Rotolo also wished everyone a happy holiday and El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 6 inquired about a letter submitted to the City regarding a complaint about the industrial look of a garage that was built with metal siding on Acacia Street as to whether staff had or could look into the possibility of prohibiting the use of metal in residential zones and how to go about making that change. Planning Manager Christensen indicated that the City Council directs staff regarding adding items to the department's work program and indicated that the Commission could, however, direct staff to provide some initial information and prepare a request to the Council relating to the item on behalf of the Commission. Commission Rotolo asked the other Commissioners if they agreed and they concurred and directed staff to follow-up on the information to be brought back at a future meeting. None. The meeting adjourned at 8:00 p.m. PASSED AND APPROVED ON THIS 14th DAY OF DECEMBER 2006. Gary Chico s, Sec a ary of the Planning Commission And Interim Director of Planning and Building Safety P:\PBS\PLAN-COM\PLAN-COM\MINUTES\2006\2006 12-14.doc OTHER BUSINESS ADJOURNMENT David Wagner, Commissioner Planning Commission City of El Segundo, California El Segundo Planning Commission Meeting Minutes December 14, 2006 Page 7