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2007-10-25 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA October 25, 2007 Chair Frick called the El Segundo Planning Commission meeting to order at 7:00 CALL TO ORDER p.m. in the El Segundo City Hall's Council Chambers, 350 Main Street, El Segundo, California. Chair Frick led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG PRESENT: FELLHAUER, WAGNER, FRICK, ROTOLO and FUENTES ROLL CALL None. PUBLIC COMMUNICATIONS Chair Frick presented the Consent Calendar. CONSENT CALENDAR Vice Chair Wagner moved, seconded by Commissioner Fellhauer to approved MOTION the October 11, 2007, Minutes as corrected. Motion carried (5-0). CALL ITEMS FROM None CONSENT WRITTEN None COMMUNICATIONS Chair Frick presented Agenda Item H-2, Environmental Assessment No. 722 and NEW BUSINESS - General Plan Amendment No. 07-1 Housing Element Update. Applicant: City of PUBLIC HEARING El Segundo. Address: Citywide. Planning Director Gary Chicots presented the staff report of record and introduced the two consultants who are assisting the City with the update for the Housing Element Update, Al Warot and Dean Sherer who are with Willdan. Al Warot and Dean Sherer provided a PowerPoint presentation to the Commission that gave an overview of the Community Profile Report. All Warot. Willdan. City's consultant Mr. Warot stated that the current Housing Element will become obsolete by July 1, 2008 if it is not updated. It must be submit to HCD the California Department of Housing and Community Development for certification by that date. The planning period for the updated housing element will be 8'h years. El Segundo Planning Commission Meeting Minutes October 25, 2007 Page 1 Dean Sherer. Willdan, CRV's consultant Mr. Sherer gave a brief overview of the Housing Element goals & polices. 1 Vice Chair Wagner inquired of staff as to whether the City gets credit for units built in 2005-2006. Mr. Sherer responded that the City will get credit for 25 units for the second half of 2005 and 13 units for 2006 for a total of 38 units in the new Housing Element. Vice Chair Wagner inquired if the city will get credit for seniors, and for young families moving into town buying million dollar houses with what their income is and whether there was a way to break down the numbers. Mr. Warot replied that it been broken down in Table 2-10 on page 2-11 which focuses on house over -payment by household by who is over paying by income and age group. Vice Chair Wagner asked if the Housing Element requirements do not include low income are there consequence to the City of El Segundo. Assistant City Attorney Berger addressed the Commission regarding the question and the answer is "no" and he is not aware of any case law that would require it at this time. Planning Director Gary Chicots completed the staff report and clarified that the RHNA number for the required housing units for this Housing Element Update was originally 219 units and was reduced to 168 units. Commissioner Rotolo inquired to what extent natural resources come into play in the region in providing affordable housing, and specifically, if water availability and it's projections are ever considered. Commissioner Rotolo requested that the city's consultant provide some projections in the Housing Element regarding infrastructure capabilities, housing capacity, and water availability when returning back before the Commission as we look to increase housing in the city. Chair Frick opened the public workshop for questions and comments. PUBLIC COMMUNICATIONS David Kissinger. Government Relations Director of the South Bay Association of Realtors. Mr. Kissinger, stated that the overall goal of the city for this Housing Element is to strike a balance between maintaining a family -friendly environment here in El Segundo and allowing further housing development in the area while preserving existing housing stock. Chair Frick closed the public hearing. Environmental Assessment No. 722 and General Plan Amendment No. 07-01 for MOTION Housing Element Update. Motion for receive and file. (5-0) Chair Frick presented Agenda Item 1-3, Environmental Assessment No. 767 and PUBLIC HEARING Administrative Use Permit No. 07-06 (continued from October 11, 2007). CONTINUED BUSINESS Applicant: Hilary Condren. Property Owner: Blakeman Roland. Address: 333 Ei Segundo Planning Commission Meeting Minutes October 25, 2007 Page 2 Main Street. Assistant Planner Maria Baldenegro presented the staff report of record and stated that the applicant is present and available to answer questions as requested from the Commission. Chair Frick opened the hearing for continued business. Hilary Condren, applicant Mr. Condren indicated that he was available to answer any questions or comments from the Planning Commission. He stated that the restaurant will not be a bar and he doesn't have a name yet for the business. Chair Frick questioned the applicant when he anticipates opening. Mr. Condren answered that if he was issued the building permit tomorrow then he anticipates opening in three months. Commissioner Fellhauer stated that the conditions don't allow live entertainment and she questioned Mr. Condren as to whether he plans to apply for live entertainment at the location in the future. Mr. Condren replied that he's been listening to the piano playing at Salt Creek Grill and it's spectacular. He understands the concern when it comes to live entertainment. He indicated that there is no request but that he may make a request down the road to add a piano. Commissioner Fellhauer commented that one of the benefits to the location is that it is not around any residential property and that is good. She raised a concern that Mr. Condren mentioned the restaurant might be an Irish pub and then you would expect Irish music that is loud since this is a large location. She stated that it's in close proximity to other ABC locations and that she personally does not want to see people "bar hopping" on Main Street. Mr. Condren responded that it is correct it doesn't interfere with residential property. In response to the term Irish pub, "no" he is not trying to create chaos but more food alternatives that the town is missing and is trying to find something to fill the void. He feels that he doesn't want to duplicate something that is already here. He stated that a potential concept is to have a chop house that offers burgers, steaks, sandwiches and salads. Commissioner Rotolo thanked Mr. Condren for considering more growth to the development in the downtown area as well as more things to attract people to our downtown to become more vibrant. He stated that the downtown has grown a lot in the past year. Mr. Rotolo is concerned with the parking and he understands that he is grandfathered in because there are no restrictions to the change of use. However he is concerned about the potential of 96 seats in the restaurant with only two parking spaces on -site, and with the parking structure down the alley. He raises the question as a potential patron as well as a business owner whether it concerns Mr. Condren and maybe he should consider tearing down the garage to add more parking spaces considering the large size of the facility. Mr. Condren believes that there isn't a city in the South Bay has a better parking situation than El Segundo. The least of his concerns in this town is parking and El Segundo Planning Commission Meeting Minutes October 25, 2007 Page 3 never had a problem with trying to find parking anywhere regardless of the time of day in this area. He has gone in Su Casa with a waiting list, and both Farm Stand and Chef Hannes packed and still has had no problem with parking. Commissioner Rotolo questioned Mr. Condren if he would be willing to accept as a condition to do something to advertise that there is parking in the parking structure down the alley within his establishment or to place the information on the menu. Mr. Condren stated that he doesn't think that the request is unreasonable and that it only benefits the restaurant to let the public know that there is additional parking. Commissioner Fuentes shared the same concern as Mr. Rotolo regarding parking and has been speaking with staff a lot this week about the capacity for parking downtown. A restaurant with 96 seats even if people were to come two to a car it would need to have 48 parking spaces. She stated that if we were to go by the zoning requirement for a new building the requirements will require at total of 45 parking spaces. Ms. Fuentes stated that already we have a lot of restaurants using the parking structure on Grand Avenue as default parking and at some point it's going to reach saturation. Ms. Fuentes respectfully doesn't know how often Mr. Condren comes downtown but she often has a difficult time parking on Richmond Street, Main Street, and Grand Avenue as well. Chair Frick questioned the Commissioners it they want to require the applicant to come back to the Commission for review six months after opening. Chair Frick closed the public hearing. Vice Chair Wagner makes the recommendation to receive and file Environmental Assessment No. 767 and Administrative Use Permit No. 07-09. Commissioner Rotolo wanted to move for discussion, questioning if the Commission can add a restriction or conditions to have a possible approximate minimum percentage of food business. Mr. Rotolo stated that if this approval is granted without any restrictions once this is approved it can end up being another Tavern on Main or another bar or restaurant. So he'll feel comfortable with a condition that the approximate food to alcohol sales ratio is fifty-fifty which will certainly make him more comfortable with the request. Commissioner Fellhauer questioned Planning Director Chicots if a building permit is issued with the proposed layout, does that require that the bar can only be as large as it is indicated on the plans. Planning Director Chicots responded that the applicant will be required to build what is on the plans and if wants to change it substantially he would go before the Commission. Assistant City Attorney Berger clarified that this is a review of an alcohol license and that it's not a land use issue per se. The Commission scope of authority is only with the alcohol use at this location. He stated to question its usage is a secondary effect of consuming alcohol which is controlled by ABC. This is a Type 47 license which requires that it be a restaurant setting. Second, with regards to the parking situation and the consumption of alcohol there is no nexus with those types of activities. If the Commission wishes to ask the applicant voluntarily to agree to a condition with regard to providing notice to patrons with El Segundo Planning Commission Meeting Minutes October 25, 2007 Page 4 regard to parking that is certainly something the Commission can do but is not in the scope of the Commission's authority to impose that condition on the applicant. Most of the things that have been discussed tonight have to do with voluntary conditions that the applicant will have to agree to. Vice Chair Wagner commented that he will not feel comfortable asking an applicant for conditions on the alcohol license being the fact that the state of California does require a Type 47 license to have food service as a restaurant. He's not in the restaurant business but states that being a business owner as well he wouldn't want the public to dictate to him how his establishment will be run. If there is a problem with the alcohol license itself he understands that there are conditions the City's can request or impose for removal from the location. The applicant has applied for and believes no matter what the decision the Commission makes it will be granted by ABC. Mr. Wagner also made the statement that this Commission has never required any restaurant with a liquor license before to have a 50% alcohol to 50% food ratio. Commissioner Rotolo intervened with his concern that if he knew ahead of time what type of restaurant it would be he would be able to make that decision. He stated that he doesn't have that comfort level but he does have comfort because he knows the applicant and what his intent is. His concern is if the applicant sells the restaurant to someone who has a completely different idea. Chair Frick commented that there are two options: (1) wish him good luck, (2) or come back in a year for a review. It depends on what the Commissioners agree on or thinks is appropriate at this point. Commissioner Rotolo makes a motion to approve EA No. 767 and AUP No. 07- MOTION 06 to allow the sale and consumption of alcohol at a proposed new restaurant of a Type 47 alcohol beverage license at 333 Main Street with conditions that the Planning Commission will review the AUP one year after the start of operations. Vice Chair Wagner seconded the motion (5-0). None. REPORT FROM PLANNING AND BUILDING SAFETY DIRECTOR None. PLANNING COMMISSIONERS COMMENTS Chair Frick moved to adjourn, Commissioner Fuentes seconded. Motion carried MOTION (5-0). The meeting adjourned at 8:45 p.m. ADJOURNMENT PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2007. El Segundo Planning Commission Meeting Minutes October 25, 2007 Page 5 Gary Chicots, Secretary of the Planning Commission and Director of The Planning and Building Safety Department Cheryl Frick, Madame Chair Planning Commission City of El Segundo, California P:\PBS\PLAN-COM\PLAN-COM\MINUTES\2007\2007 10-25 Minutes.doc El Segundo Planning Commission Meeting Minutes October 25, 2007 Page 6