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2009-04-09 PC MinutesMINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA April 9, 2009 Chairman Wagner called the El Segundo Planning Commission meeting to order CALL TO ORDER at 7:00 p.m. in the El Segundo City Hall's Council Chambers, 350 Main Street, El Segundo, California. Commissioner Fuentes led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG PRESENT: WAGNER, FELLHAUER, FUENTES, BALDINO and NEWMAN ROLL CALL Lisa Anderson, resident spoke about concerns regarding the intersection of PUBLIC Sepulveda and Mariposa that a left turn arrow and camera be added east and COMMUNICATIONS west before someone gets injured. Chair Wagner presented the Consent Calendar. CONSENT CALENDAR None. CALL ITEMS FROM CONSENT Vice Chair Fellhauer moved, seconded by Commissioner Fuentes, to approve MOTION the March 26, 2009, Minutes. Motion carried (5-0). None. WRITTEN COMMUNICATIONS Chair Wagner presented Agenda Item H-2, Environmental Assessment No. EA- NEW BUSINESS — 815 and Administrative Use Permit No. 08-05. Applicant: Saro Enterprises, Inc PUBLIC HEARING for c/o Robert Gospavian. Business Name: Zpizza Restaurant. Property Owner: EA-815 and AUP 08-05 Khedr Management Company. Address: 827-829 N. Douglas Street (The Edge at Campus El Segundo. Planning Manager Kimberly Christensen presented the staff report (of record.) Chair Wagner shared his concerned about the hours of operation for the sale of alcohol on Stamped Page 15 which states that "the restaurant dining hours of operation for the sale of alcohol only, is limited to 10:00 a.m. to 2:00 a.m." which coincides with the agreement with the sale of alcohol. Mr. Wagner would like clarification as to the hours of operation from the applicant for the restaurant. Director Carpenter stated that the applicant is requesting that the sale of alcohol be available when the restaurant is open which is currently 9:00 a.m. to 8:00 p.m. Mr. Carpenter had a brief conversation with the applicant about changing language in the condition to extend the hours of operation to 9:00 p.m. for the summer. El Segundo Planning Commission Meeting Minutes April 9, 2009 Page 1 Nicholas Rivera, General Manager Zpizza in El Segundo Mr. Rivera is available to answer and question. Vice Chair Fellhauer asked if the applicant has any other ABC permit currently or held in the past and if any violation ever occurred. Mr. Rivera states that "yes" the applicant owns another ABC license and is not sure if any violation ever occurred. Chair Wagner asked the applicant what is the anticipated hour of operations and hours with alcohol sales. Mr. Rivera requested to extend the hours of operation from 9:00 a.m. to 9:00 p.m. by an additional hour to 10:00 p.m. for the summer crowd. Vice Chair Fellhauer asked Mr. Rivera if they plan to expand the business next door. Mr. Rivera replied "yes Mr. Wager asked if he planned to sell alcohol at 9:00 am or 10:00 a.m. Mr. Rivera replied at 10:00 a.m. Mr. Wagner recommended changing the wording to read "restaurant operating hours from Monday to Saturday 9:00 a.m. to 9:00 p.m. and the hours for the sale of beer and wine are from 10:00 a.m. to 9:00 p.m." Mr. Rivera asked if it is possible to open on Sunday and can they incorporate the same hours of operation as well. Mr. Wagner responded to the applicant that they will need to speak to the Planning and Building Safety Department regarding hours of operation for Sunday. Chair Wagner recommended changing the language on Stamped Page 15 paragraph 1. He indicated that it currently state that "The restaurant dining hours of operation are limited to: 10:00 a.m. to 2:00 a.m. daily" and it should read as follows "9:00 a.m. to 9:00 p.m. Monday to Saturday and the sale and consumption of alcohol from 10:00 a.m. to 9:00 p.m." Commissioner Newman moved, seconded by Vice Chair Fellhauer to receive MOTION and file Environmental Assessment No. 815, and Administrative Use Permit No. 08-05 with conditions to the hours of operation to be 9:00 a.m. to 9:00 p.m. Monday to Saturday and the sale and consumption of alcohol from 10:00 a.m. to 9:00 p.m.". Motion approved as amended. (5-0). Planning and Building Safety Director Greg Carpenter recused himself from participating in Agenda Item H-3 for potential conflict of interest reasons. He left the Council Chambers. Chairman Wagner presented Agenda Item H-3, Environmental Assessment No. NEW BUSINESS — EA-816 and Administrative Use Permit No. 08-06. Applicant: Ariel Garcia for PUBLIC HEARING for Main Street Cafe. Property Owner: Warmside Rentals LLC. Address: 450 Main EA-816 and AUP 08-06 El Segundo Planning Commission Meeting Minutes April 9, 2009 Page 2 Street. Assistant Planner Bryan Fernandez presented the staff report (of record.) Commissioner Baldino raised concerns about the comment on Stamped Page 041 to show exit from patio over to outside wanting to know if it has been resolved. Mr. Fernandez stated that the comment came in after the plan were submitted and that it was added as a condition but it would be included on the new site plans that will be submitted to the City to include the exit from the patio. Vice Chair Fellhauer asked if the applicant wanted to be expanded or change the hour would he have to come back before the Commission. Planning Manager Christensen stated yes that it would. Ariel Garcia, representative Mr. Garcia gave a brief statement that the owner is not available but that he is MOTION available to answer any questions. He stated that there will be no change to the hours of operations. Vice Chair Fellhauer asked if the owner has any other ABC permits. Mr. Garcia response was "no they do not". Commissioner Baldino moved, seconded by Vice Chair Fellhauer to receive and NEW BUSINESS — file Environmental Assessment No. 816, Administrative Use Permit No. 08-06. PUBLIC HEARING for Motion carried (5-0). EA-824 and AUP 08-08 and CUP 09-01 Director Carpenter returned to the dais. Chair Wagner recused himself from participating in Agenda Item H-4 for potential conflict of interest reasons. He left the Council Chambers. Vice Chair Fellhauer presented Agenda Item H-4, Environmental Assessment No. EA-824 and Administrative Use Permit No. 08-08 and Conditional Use Permit No. 09-01. Applicant: Royal Street Communications California, LLC, c/o Pete Shubin Sequoia Development Services, Inc. Property Owner: Southern California Edison ("SCE"). Address: 1703 E. Mariposa Avenue. Project Consultant Louis Morales presented the staff report (of record.) Vice Chair Fellhauer raised concerns about the three openings in the fence from Washington Street and asked if they will remain. She stated that based upon her experience in law enforcement she would hate to have someone lying or hiding there that could not be seen if the hedges were not removed. She stated that for safety reasons she would like a condition to be added that one of the hedges has one opening from Washington Street visible from the north side of the screening wall so law enforcement can see the area. Mr. Morales stated that he is not sure if the hedges are there by design or just by El Segundo Planning Commission Meeting Minutes April 9, 2009 Page 3 use. He stated that he will check with staff and follow up. Director Carpenter commented that he believed that the Oleander that are along Washington Street have been there for over 20 years. He stated that the Planning Commission can recommend to the city (who owns the landscaping) that the opening remain as a condition approval. Ms. Fellhauer replied that she would like to see the language added to the condition. Assistant Attorney Berger addressed the Commission, stating that Condition No. 3 on Stamped Page 67 would allow the Director to share their concerns when the plans come through. He stated that it discusses screening material but everything will have to be approved by the Director before it can be implemented. Mr. Berger suggested that an additional sentence be added to Condition 3 which would read "In addition, the Director will consult with the Police Department to maintain appropriate landscaping for law enforcement purposes." Ms. Fellhauer replied okay. Pete Shubin, Representative for Royal Street Communications Mr. Shubin gave a brief statement and said he was available to answer any questions. Commissioner Baldino commented that he appreciates it's not another use of a fake pine tree or palm tree and instead is uses an existing power line. Commissioner Newman stated that the wireless collocation map needs to be updated and made more legible. Commissioner Newman moved, seconded by Commissioner Fuentes to receive MOTION and file Administrative Use Permit No. 08-08 and approve Resolution No. 2652 for Environmental Assessment No. 824, and Conditional Use Permit No. 09-01 with the modification to Condition 3 that an additional sentence be added which would read "In addition, the Director will consult with the Police Department to maintain appropriate landscaping for law enforcement purposes." Motion carried (4-0). Chair Wagner returned to the dais. None. PUBLIC HEARING CONTINUED BUSINESS Director Carpenter stated that two items will be scheduled for the upcoming April REPORT FROM 23, 2009 meeting, including an amendment to the Downtown Specific Plan and a PLANNING AND presentation on the Aquatics Site Feasibility Study. BUILDING SAFETY DIRECTOR Commissioner Newman requested that the wireless collocation map be updated. PLANNING COMMISSIONERS Commissioner Fuentes requested that the information provided by Ms. Anderson COMMENTS El Segundo Planning Commission Meeting Minutes April 9, 2009 Page 4 during Public Communication be forwarded to the appropriate department. Director Carpenter stated he would forward the information to the Public Works Director Dana Greenwood. None. OTHER BUSINESS Chairman Wagner adjourned the meeting. Motion carried (5-0) MOTION The meeting adjourned at 7:41 p.m. PASSE AND APPROVED ON THIS 09th DAY OF APRIL 2009 i Greg C . pent , Secretary of David Wagner, Chairman the Planning Commission Planning Commission and Director of The City of El Segundo, California Planning and Building Safety Department P:\Planning & Building Safety\0 Planning - Old\PLAN-COM\MINUTES\2009\2009 04-09 Minutes.doc ADJOURNMENT El Segundo Planning Commission Meeting Minutes April 9, 2009 Page 5