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2011-12-15 PC Minutes SPCMINUTES OF THE SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA December 15, 2011 Chair Wagner called the El Segundo Planning Commission meeting to order at CALL TO ORDER 5:30 p.m. in the El Segundo City Hall's Council Chambers, 350 Main Street, El Segundo, California. Vice Chair Fellhauer led the Pledge of Allegiance to the Flag. PRESENT: WAGNER, FELLHAUER BALDINO, and NEWMAN ABSENT: BARBEE None. Chair Wagner presented the Consent Calendar. Commissioner Baldino pulled Item E-1. PLEDGE TO FLAG ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT Commissioner Newman recused herself from participating in Agenda Item E-1 EA-952 and ADJ 11-09 for potential conflict of interest due to the proximity of her residence to the site. She left the Council Chambers. Chair Wagner presented Agenda Item E-1, Environmental Assessment No. 952, and Adjustment No. 11-09. Applicant: Linda Haynes, Fresh and Easy Neighborhood Market. Address: 121 West Grand Avenue. Property Owner: 612 Twin Holdings, LLC and Doheny Partners, LLC. Commissioner Baldino moved, seconded by Vice Chair Fellhauer, to receive and MOTION file Environmental Assessment No. EA-952 and Adjustment No. ADJ 11-09. Motion carried (3-0). Commissioner Newman returned to the dais. Planning Manager Kimberly Christensen read into the record three agenda items. WRITTEN First, on Agenda Item H-2, a letter dated December 14, 2011 from Elizabeth COMMUNICATIONS Camacho for New Masters Studio; second, on Agenda Item H-2, a revised Resolution No. 2711 with minor corrections; and third, on Agenda item H-3, a revised Resolution No. 2712 with added conditions of approval. Chair Wagner presented Agenda Item H-2, Environmental Assessment No. 934, NEW BUSINESS — and Administrative Determination No. AD 11-01, and Administrative Use Permit PUBLIC HEARING for No. AUP 11-12. Applicant: New Masters Studio, Inc. — Verna Kuykendall. EA-934 and AD 11-12 Address: 1142 East Grand Avenue. Property Owner: Alexander Lidow. Principal Planner Paul Samaras presented the staff report (of record.) Commissioner Baldino inquired if the revisions made to the resolution were from the Public Works department only. PAPlanning & Building Safety\0 Planning - 0ld\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 1 Mr. Samaras stated that is correct. Chair Wagner inquired about replacing the driveways and if he was referring to the curb cuts. Mr. Samaras responded that he was referring to the driveway approaches and curb cuts. Elizabeth Camacho, applicant Ms. Camacho thanked staff for all their participation on the project and stated that she was available for any questions. She requested that the studio be given twelve months to obtain permits for the required construction because of the financial burden and time needed to complete the work. Commissioner Baldino inquired about the film crews being twenty five people; he asked whether that includes the crew renting the facility and the staff on -site. Ms. Camacho stated that it will be crews coming to the city; staff on -site will be very minimal just to maintain the facility. Vice Chair Fellhauer inquired how long it will take to obtain a building permit. Chair Wagner suggested that the applicant be given six months to obtain permits after City Council approval and six months to complete the project for a total of twelve months. Mr. Samaras clarified that this item was not scheduled to go to City Council; it was before the Commission for final decision. Ms. Fellhauer stated that it seems reasonable to grant the applicant six months to obtain building permits and six months for completion of the work to make all changes. Mr. Wagner stated that he would like to see Condition No. 12 regarding the driveway replacement tied to the twelve-month extension, unless it's a safety improvement. Ms. Fellhauer inquired if staff had inspected both driveways to determine their condition. Planning Manager Kimberly Christensen stated that the comments regarding the driveways were from the Public Works Department and she stated that Principal Planner Paul Samaras would explain in detail. Mr. Samaras stated that he spoke with Public Work staff who inspected the site and found that the two driveways were in poor condition and in need of repair and replacement. Mr. Baldino asked whether to grant an extension on the driveway approach issue as well or to limit the time extension to Condition No. 11 regarding the sidewalk only. City Attorney Greg Kovacevich asked the Commission if they wanted two different time lines or that the applicant shall obtain all requisite building permits PAPlanning & Building Safety\0 Planning - Old\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 2 and complete all work within twelve months of the approval date of the resolution. Commissioner Baldino moved, seconded by Vice Chair Fellhauer Commissioner MOTION Newman for the Planning Commission to approve Environmental Assessment No. 934 and Administrative Determination No. AD 11-01; Administrative Use Permit No. AUP 11-12. as amended to modify Condition No. 11 in Exhibit A to include the sentence: "The applicant shall pull all permits and complete work within twelve months of approval." Approved (4-0). Chair Wagner presented Agenda Item H-3, Environmental Assessment No. 948 NEW BUSINESS — and Administrative Determination No. AD 11-02, and Conditional Use Permit No. PUBLIC HEARING for CUP 11-10. Applicant: Andrew M. Streiber, DVM. Address: 240 Center Street. EA-948, AD 11-02 and Property Owners: Albert and Madeleine Marco. CUP 11-10 Assistant Planner Maria Baldenegro presented the staff report (of record.) She stated that staff has two changes to Resolution 2711. First on Condition No. 22, the word "northerly" was changed to "southerly." She stated that the second change was to Condition No. 23 where the words "to the" were deleted. Andrew Streiber, veterinarian and applicant Mr. Streiber gave a brief statement about the project and stated that he is available to answer questions. Vice Chair Fellhauer asked about his previous location. Mr. Streiber stated that he was an associate veterinarian in Manhattan Beach for three and a half years. Commissioner Newman inquired whether the business being on a second story was an issue. Mr. Streiber replied that the only issue would have been the noise but he stated that he would be insulating the walls and the floors. Steve Tomko, architect Mr. Tomko stated that he wanted clarification on Condition No. 11 that requires 27 parking spaces due to an error on the plans that show only 25 spaces on -site. He stated that due to additional conditions requiring a trash enclosure he finds it difficult to achieve 27 legal spaces. Chair Wagner asked staff whether the correct number of parking spaces permitted on the site is 25 or 27. Planning Manager Kimberly Christensen stated that 27 parking spaces are required by code. Otherwise the project requires an adjustment or a variance depending on by how many spaces they would deviate from the requirement. Ms. Baldenegro added that staff researched records and discovered that one of the driveways facing Grand Avenue was supposed to be eliminated in 1983 as a condition to the construction and expansion of a mezzanine on the second floor where the animal hospital is proposed. That condition would have added four parking spaces to the site, but the driveways was never eliminated and the PAPlanning & Building Safety\0 Planning - 0ld\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 3 required parking was never striped. That being the case, staff added a condition to the draft resolution to eliminate the driveway and provide the spaces. Mr. Tomko stated that the important thing is that there is an arithmetical error the plans which does not change that it shows only 25 spaces not 27 if you were to count the spaces on the plans. He is willing to make the correction to reflect the correct number of spaces. Ms. Christensen clarified that 27 spaces were required and that a variance or adjustment is not agenized before the Commission. She stated that the architect could provide the 27 spaces required by code, if feasible or the Commission could continue this item and staff could re -notice it for an adjustment. Mr. Tomko stated that it would not be a problem to provide the 27 spaces per code, but he did not see how without putting spaces in a sloped part of the site. Ms. Fellhauer clarified with staff that the applicant would need to put back the approved parking spaces which are non -conforming according to current code. Vice Chair Fellhauer moved, seconded by Commissioner Newman for the MOTION Planning Commission to adopt Resolution No. 2711 approving Environmental Assessment No. 948 and Administrative Determination No. AD 11-02. Approved (4-0). Chair Wagner presented Agenda Item H-4, Environmental Assessment No. 953, NEW BUSINESS — Conditional Use Permit No. CUP 11-12, Administrative Use Permit No. AUP 11- PUBLIC HEARING for 14, and Downtown Design Review MISC NO. 11-08. Applicant: Dave Furano — EA-953, CUP 11-12, AUP Rock and Brews. Address: 139-147 Main Street. Property Owners: Dave 11-14, and MISC 11-08 Furano — Garden on Main, LLC. Principal Planner Paul Samaras presented the staff report (of record.) Michael Zislis, owner of Rock and Brews Mr. Zislis gave a PowerPoint Presentation for the project. He stated that he was available to answer any questions. Vice Chair Fellhauer inquired if they were going to add a children's area. Mr. Zislis stated that he would be adding a children's area along with a kids menu. Commissioner Newman asked if there would be live music onsite. Mr. Zislis stated that there would be no live music onsite. Mike Rotolo, president of El Segundo Chamber of Commerce Mr. Rotolo speaking on behalf of the El Segundo Chamber gave a brief statement in support of the project. Chair Wagner expressed concerned about monitoring the noise vibration levels and requested that Condition No. 7 and 10 be modified to identify specific monitoring locations as a precaution. PAPlanning & Building Safety\0 Planning - 0ld\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 4 Planning Manager Kimberly Christensen stated that the language can be added to either condition but she believed it would be better designed for Condition No. 7 prior to commencement of operations for staff to be able to establish a baseline and be able to monitor any noise level to determine that the property is in compliance. She stated that draft language that addresses the four location points could be specified in Condition No. 7 if it was the Commission's desire. Mr. Wagner speaking regarding Condition No. 16 requested that the Planning Commission review the Conditional Use Permit six months after approval. Ms. Christensen clarified that this project is different from the previous owner of Anthony's due to additional work being done. Chair Wagner asked Mr. Zislis if he understood the condition and found it acceptable. Mr. Zislis asked how the four monitoring points were determined and stated he was in agreement with the modifications to the conditions. Mr. Wagner believed that there is a limit on the location of the four points and that they would have to be within the property boundaries. Ms. Christensen clarified that ESMC Chapter 7-2 establishes a limit of 8 decibels above the ambient noise level, based at four feet up from the ground surface at the property line. Commissioner Newman moved, seconded by Vice Chair Fellhauer for the MOTION Planning Commission to approve Resolution No. 2713 approving Environmental Assessment No. 953; Conditional Use Permit No. CUP 11-12; Administrative Use Permit No. AUP 11-14; and Downtown Design Review MISC No. 11-08. with amended conditions. Approved (4-0). Ms. Christensen read into the record the following proposed language at the end of Condition No. 7: "For purposes of this condition, noise levels shall be measured at the following four corners of the property: the northwest corner of the property, the northeast corner property, the southwest corner of the property, and the southeast corner of the property line." She stated the following additional language for Condition No. 16 on Stamped Page 16: Conditional Use Permit No. 11-12 should be subject to review by the Planning Commission 6 or 12 months from the date of commencement of use after the completion of the outdoor dining area patio area expansion and commencement of the outdoor dining, amplified sound, and entertainment to verify compliance with all conditions." Ms. Christensen also suggested that the following should added "Planning Commission may review the Conditional Use Permit sooner if deemed necessary by the Planning Manager." Chair Wagner asked whether or not this Resolution would have to go before the City Council. Ms. Christensen stated that it would only be considered by the City Council if there was an appeal of the decision of the Commission. Mr. Wagner stated that he wanted the items reviewed by the Commission within 12 months of December 15, 2011 or earlier if need be. PAPlanning & Building Safety\0 Planning - 01d\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 5 Commissioner Newman withdrew her motion and Vice Chair Fellhauer withdrew her second. Commissioner Newman moved, seconded by Vice Chair Fellhauer for the MOTION Planning Commission to adopt Resolution No. 2713 approving Environmental Assessment No. 948; Conditional Use Permit No. CUP 11-12, Administrative Use Permit No. AUP 11-14; and Downtown Design Review MISC No. 11-08 as amended (modified Condition No. 7 and added Condition No. 16). Approved (4- 0). Chair Wagner presented Agenda Item 1-5, Environmental Assessment No. 941 PUBLIC HEARING and Administrative Use Permit No. 11-01. Applicant: Chaddeh Abboud. Address: CONTINUED BUSINESS 601 Virginia Street. EA-941 and AUP 11-01 Planning Manager Kimberly Christensen stated that a condition was proposed in the revised Resolution relating to the construction of the fence. She stated that there would not physically be enough space to place the wall or fence on the applicant's property, because it would inhibit access to the market. She stated that staff recommends that both parties be in agreement with the additional conditions. Peter Botros co-owner and manager, 601 Virginia Street. Village Wine and Cigar Shop Mr. Botros provided a signed petition with over 81 signatures requesting that the hours of operation be extended and stated he was willing to accrue all costs for the wall or fence. Mr. Botros also stated that he turned the exterior light downward away from the neighbor's property, and he added a chain lock to the trash enclosure onsite. Vice Chair Fellhauer asked the applicant if he was willing to take care of all expenses for the wall replacement from the side and front of the property as well as pull all permits needed. Mr. Botros stated that he was willing to take care of all costs. Seran Williams, resident, 613 Virginia Street Ms. Williams stated that she didn't want to see the hours of operation extended to 11:00 p.m. She believed that the noise and the traffic will still cause distraction. Ms. Fellhauer asked if any mitigation can be done to help address the current issues. Ms. Williams responded that not extending the hours would help. She also stated that they can put a hedge on her property and she asked if the hedge could be taller than 6 feet. Ms. Christensen stated the regulations those for walls, which limit the maximum inches in the front yard. pertaining to hedges are the same as height to 6 feet in the side yard and 42 PAPlanning & Building Safety\0 Planning - OWPLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 6 Michael Williams. resident. 613 Virginia Street Mr. Williams stated Mr. Botros visited him with plans that showed where his property lines were and asked him to make a decision about where to place a fence. He was concerned about not having legal representation to protect him in the event the owner of the liquor store changed or there was damage to the wall on his property. Chaddeh Abboud, owner. 601 Virainia Street. Villaae Wine and Cigar Sho Mr. Abboud gave a brief statement regarding his market and the changes to the lighting. Ms. Christensen stated that she was not aware of the changes to the market lighting. She stated as part of the conditions it will need to be inspected by staff and approved by the police department with proper shielding. Ms. Fellhauer stated that she was at the facility the day before and she saw that the light was turned down. Mr. Wagner asked the applicant if he would be willing to be open until 10:00 p.m. daily. Chair Wagner re -opened public communications. Chaddeh Abboud owner, 601 Virginia Street, Village Wine and Cigar Shop Mr. Abboud stated that he would like to have the two additional hours for the weekend only. Michael Williams, resident. 613 Virginia Stree# Mr. Williams stated that eight to ten daily is satisfactory. Ms. Newman asked Mr. Williams if he would be willing to have the store open until eleven on the weekends only. Mr. Williams replied that he would not agree with it being open that late. Chair Wagner closed public communications. Ms. Christensen recommended that staff remove the revised resolution since the neighbor was not mutually agreeable to the conditions that staff proposed relating to the fence or wall. She stated that it would be the Commission's decision to incorporate four other conditions that staff proposed at the previous week's hearing. Vice Chair Fellhauer moved, seconded by Commissioner Baldino for the MOTION Planning Commission to receive and file Administrative Use Permit No. AUP 11- 01 approving Environmental Assessment No. 941 and Administrative Use Permit No. AUP 11-10; with Condition No. 1 modifying the hours to be from 8:00 a.m. to 10:00 p.m. daily; striking Condition No. 7 and including the four other conditions staff proposed; and adding a six-month review before the Planning Commission. Approved (4-0). PAPlanning & Building Safety\0 Planning - 01d\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 7 Planning Manager Kimberly Christensen stated that the December 22"d meeting REPORT FROM was cancelled and she wished everyone a Merry Christmas and Happy New PLANNING AND Year. BUILDING SAFETY DIRECTOR Commissioner Newman wished everyone a Merry Christmas. Commissioner PLANNING Fellhauer thanked staff for all their hard work. COMMISSIONERS COMMENTS None OTHER BUSINESS Chair Wagner adjourned the meeting. Motion carried (4-0). MOTION The meeting adjourned at 7:48 p.m. ADJOURNMENT PASSED AND APPROVED ON THIS 15th DAY OF DECEMBER, 2011. Greg rpen)6r, Secretary of the PI nning Commission and Director of the Planning and Building Safety Department David Wagner, Chairman Planning Commission City of El Segundo, California PAPlanning & Building Safety\0 Planning - 0ld\PLAN-COM\MINUTES\2011\2011 12-15 Special Minutes.doc Page 8