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2007-12-13 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA December 13, 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: WAGNER, FRICK, FUENTES, FELLHAUER and ROTOLO ROLL CALL None. PUBLIC COMMUNICATIONS Chair Frick presented the Consent Calendar. CONSENT CALENDAR Chair Frick presented Agenda Item E-1, Environmental Assessment No. 750. CALL ITEMS FROM Address: 851 S. Aviation Boulevard (APN 4138-009-009)711 S. Aviation CONSENT Boulevard (APN: 4138-009-015) and 701 S. Aviation Boulevard (APN: 4138-009- 016) and 555 S. Aviation Boulevard (APN 4138-009-004). Planning Manager Christensen addressed the Commission regarding an item WRITTEN that was submitted to the City after the Planning Commission packets were COMMUNICATIONS distribute to the Commission. Ms. Christensen stated that there are seven items of additional communications on the dais and each of the items relate to item H- 2 on the agenda consisting of a series of email and letters. Chair Frick presented Agenda Item H-2, Environmental Assessment No. 750. NEW BUSINESS - Address: 711 S. Aviation Boulevard (APN: 4138-009-015) and 701 S. Aviation PUBLIC HEARING Boulevard (APN: 4138-009-016) Assistant City Attorney Berger itemized the letter and email correspondence as: (1) a letter dated December 11, 2007 from Mr. Robert Andreani to Mr. Berger and Brain Lee Kravetz. (2) an email correspondence dated December 13, 2007 at 5:26 pm between Mr. Berger and Dan Fisher with Xerox Corporation. (3) an email correspondence dated December 21, 2007 at 10:05 am from Cynthia Wolcott with Xerox Corporation to Mr. Berger. (4) an email correspondence dated December 12, 2007 at 9:45 am from Cynthia Wolcott to Mr. Chicots and Ms. Christensen. (5) an email correspondence dated December 12, 2007 at 12:14 pm from Brian Kravetz to Ms. Christensen and copied to Ms. Wolcott. (6) an email correspondence dated December 12, 2007 at 3:17 pm between Tim Kelly and Ms. Christensen and Mr. Chicots copied to Ms. Wolcott, Pat McDonald and Amy Feller. (7) an email correspondence dated December 13, 2007 at 2:29 pm between Jody E. Sidebotham to Mr. Berger, Ms. Christensen and Mr. Chicots and copied to Don Fisher. Planning Manager Christensen presented the staff report (of record.) El Segundo Planning Commission Meeting Minutes December 13, 2007 Page 1 Chair Frick questioned why staff suggested two months as opposed to a greater length of time to resolve this matter. Planning Manager Christensen responded that the reason why staff proposed a maximum of two months is that the City originally sent official notice on October 15, 2007. She stated that State law requires that the City hold a hearing within thirty to sixty days following the issuance of the notice. She stated that staff has been in lengthy discussions over a number of months trying to work with the tenant and the property owner to resolve the matter. She stated that staff has given adequate time to submit the necessary documents. Ms. Christensen commented that staff believes that a hundred and eighty days is excessive. Planning Director Chicots stressed the fact that staff has spent a considerable amount of time, almost a year, and know it's our responsibility to ensure that all the subdivisions in the city are done accordingly to the law. Mr. Chicots stated that he believes that a six month continuance is excessive. Vice -Chair Wagner asked Mr. Chicots to confirm that there will be "no" Building Permits issued to Xerox for changes to there buildings until this issue is resolved. Mr. Chicots answered that is "correct". He stated that the property line is questionable the way it was subdivided. He stated that there is a new proposed line and the City can't issue building permits due to the violation of the building code and the City will not issue any permits until it's resolved. Commissioner Rotolo questioned if the applicant is able to apply for or start the plan check process. Mr. Chicots replied that the Planning and Building Safety Department has not held up the plan check process but cannot issue the permit until the lot line adjustment compliance gets resolved. Chair Frick opened the public hearing. Bob Andreani, Attorney for X-Factor Mr. Andreani stated that he is here on behalf of X-Factor and is not an applicant neither is he interested in applying for any permits. X-Factor owns the 711 Aviation Boulevard building and the entire parcel south of the deed line. X- Factor is requesting that the Commission defer making a decision whether there was a subdivision violation by granting six months to work this out with the other parties involved and to return with a solution. He stated that X-Factor purchased the property 5 years ago and Xerox is the tenant in a single building on the property and occupies the entire building on a long term lease that's existed since 1968. He stated that the building has been on the parcel for more than 40 years. He stated that building permits and certificates of occupancy have been issued throughout this period of time with no complaint made until recently. Mr. Andreani explained how the tenant at Xerox applied for some permits recently to do extensive remodeling to the north property at 555 Aviation at which time the Planning staff discovered that 40 years ago the property was deeded. Xerox wanted to do some major renovation to 711 Aviation but they need approval from the landlord under their lease. Mr. Andreani has not given Xerox permission due to various reasons being he doesn't believe that the renovation to the building would be a good improvement and that it might violate the terms of the lease. He stated that now there is a dispute regarding the improvement to the building El Segundo Planning Commission Meeting Minutes December 13, 2007 Page 2 and it is in arbitration, which is now pending. Mr. Andreani confirmed that the issue with the parking is fine and that there is plenty of parking on the property but he stated that Xerox improperly signed and recorded a parking covenant that in 2000-01 affected our property and gave away our parking spaces on our lot along with another lot that Xerox was occupying and now has breached their lease. He stated that our neighbor at 555 Aviation recently sent information regarding improvements on our property that extended beyond the deed line onto their property which is encroaching on their property. He stated that the neighbor is demanding that these improvements be removed sometime in the future. Commissioner Rotolo asked Mr. Andreani when does the current lease expire with Xerox. Mr. Andreani responded that Xerox has eight years left and has the right to extend it for ten years giving Xerox a total of eighteen years left with the extension. Vice -Chair Wagner asked Mr. Andreani concerning the letter dated December 25, 2007 regarding parking covenant section four, that stated that "you didn't want the covenant to be accepted due to the problem" but in the December 11, 2007 letter X-Factor never mentioned anything about the parking covenant. Mr. Wagner asked Mr. Andreani if he is saying that the parking covenant is acceptable. Mr. Andreani answered "yes" and if there was any confusion he apologized. Planning Director Chicots asked Mr. Andreani if X-Factor would be willing to sign the parking covenant if the Commission asked. Mr. Andreani replied that he believes the way it was written with Xerox entering into the covenant as a tenant under their lease they are granting themselves basically the right to use parking under their lease hold and that's fine if he can work out the language. Assistant City Attorney Berger intervened and asked Mr. Andreani for clarification is that a "yes". Mr. Andreani replies "yes", that they agree to the covenant. Mr. Andreani clarified for Mr. Wagner his client is willing to sign the parking covenant, but that there are two covenants one applies to X-Factor and the other one that they are not being asked to sign for 555 Aviation. Don Fisher Attorney for Xerox Corporation Mr. Fisher stated he appreciated working along with staff for the past year or more. Xerox is the one use on both of the properties. Xerox has been a good corporate citizen in El Segundo with over 600 employees in the City. He stated that Xerox would like to finalize this issue quickly due to leases conditions in a couple other buildings. He stated that one of them has already terminated and another will be terminated shortly. He stated that the reason for the improvement work on both properties (X-Factor at 701 Aviation & 555 Aviation) is they are planning to move some employees and consolidate their staff into both of these buildings. He stated that the permits that they are requesting is not El Segundo Planning Commission Meeting Minutes December 13, 2007 Page 3 major construction. It's not structural work or tearing down a building and rebuilding. He stated that it is just interior improvements. He stated that the work has been approved by 555 Aviation Ltd which is cooperating with the work. He stated that X-Factor has not agreed with the improvement to the building not just the lot line or Subdivision Map Act issue. Vice -Chair Wagner questioned staff if both parties were to sign everything would the lot line adjustment issue have to come back before the Commission. Planning Director Chicots replied "no". Commissioner Fuentes questioned staff if the parking covenant is for the new maximum occupancy. Planning Manager Kimberly Christensen stated that is correct based on the applicant assessment of the amount of parking they'll need based on the expected use of the building. The parking breaks down by the building space and use such as office use, storage, warehouse and light industrial. Mr. Fisher asked that Mr. Berger to clarify for the record that a letter was attached to Jody E. Sidebotham's email from Mr. Fisher. Assistant City Attorney Berger clarified that there is a letter dated December 13, 2007 from Mr. Fisher addressed to the Planning Commission. Brian Kravetz. Attornev for 555 Aviation Limited Mr. Kravetz requested that staff approve the certificate of compliance on the property of 555 Aviation that is before the Commission tonight. Commissioner Rotolo questioned staff how does 555 Aviation tie into the project and is the Commission able to approve the certificate of compliance. Assistant City Attorney Berger intervened and stated that today the City received the application from 555 Aviation and the only outstanding issue is the signature on the parking covenant. Mr. Berger stated to Mr. Kravetz that we will have to examine it on a staff level but the application for a certificate of compliance is not before the Commission tonight. Mr. Kravetz requested that the parking covenant be approved with respect to 555 Aviation and that the matter of certificate of compliance be referred back to staff for action and that absent approval of staff the matter be continued for 60 days. Planning Manager Christensen clarified that the matter of certificate of compliance is not on tonight's agenda. Assistant City Attorney Berger addressed the Commission regarding where the lot line lay. He stated that it is up to the property owner to come into the city and submit the survey maps to readjust the property line. He stated it is up to the Commission to decide if it's a violation of the map act. Commissioner Fellhauer questioned if Mr. Andreani and Mr. Kravetz clients' were notified at the same time of the violations of the property lines. El Segundo Planning Commission Meeting Minutes December 13, 2007 Page 4 Planning Manager Christensen replied "yes" that is correct and that attached to the staff report as exhibits are the two letters sent by certified mail on October 13, 2007. Chair Frick reopened public communication. Commissioner Rotolo asked Mr. Fisher if there was an arbitration date scheduled. Mr. Fisher replied "no" it hasn't taken place yet. Richard Hessenius, attorney for X-Factor Mr. Hessenius stated that he is the opposing counsel who filed the arbitration demand for X-Factor in July 2007 and he has not received a formal response from Xerox. Chair Frick closed the public hearing. Assistant City Attorney Berger indicated that there are two clerical errors in the draft Resolution on master Page 13, under section 1 subsection Q regarding a letter dated December 4, 2007, stating that the property owner requested a 60- day extension and it should read as follows "requesting an 180-day extension". Also he stated that on master Page 14, section 7 states "Except as providing in Section 7," and it should read "Except as provided in Section 6. " Vice -Chair Wagner made a motion to grant a continuance to the February 28, 2008 scheduled meeting. He stated that hopefully both parties will have reached an agreement before returning back before the Commission. He stated if both parties returned back before the Commission on February 28, 2008 he will make a motion to record the notice of violation. Seconded by Commissioner Rotolo. Motion carried (5-0). Vice -Chair Wagner moved, second by Commissioner Rotolo to approve Environmental Assessment No. 750, regarding approval of two parking covenants: a parking covenant for 490 off -site parking spaces to be provided at 851 S. Aviation Boulevard (APN 4138-009-009) for the real property at 711 S. Aviation Boulevard (APN 4138-009-015) and a parking covenant for 396 off -site parking spaces to be provided at 701 S. Aviation Boulevard (APN 4138-009-016) for the real property 555 Aviation Boulevard (APN 4138-009-004). Motion carried (5-0). None. Planning Director Chicots wished everyone a Merry Christmas. MOTION MOTION PUBLIC COMMUNICATIONS PUBLIC HEARING CONTINUED BUSINESS REPORT FROM PLANNING AND BUILDING SAFETY DIRECTOR El Segundo Planning Commission Meeting Minutes December 13, 2007 Page 5 The Commissioners wished everyone Happy Holidays. PLANNING COMMISSIONERS COMMENTS None. OTHER BUSINESS Chair Frick moved to adjourn, Motion carried (5-0). MOTION The meeting adjourned at 8:44 p.m. ADJOURNMENT PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 2007. Gary Chicos, Secretary of Cheryl F ck, Madame Chair the Planning Commission Planning Commission and Director of The City of El Segundo, California Planning and Building Safety Department P:\PBS\PLAN-COM\PLAN-COM\MINUTES\2007\2007 12-13 Minutes.doc El Segundo Planning Commission Meeting Minutes December 13, 2007 Page 6