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HomeMy WebLinkAboutMinutes 06/28/1977 M I NUT E S of the regular meeting of the South San Francisco Pl ing Commission TIME: 7:37 P.M. DATE: JUNE 28, 1977 PLACE: WEST ORANGE LIBRARY AUDITORIUM MEMBERS PRESENT: Vice-Chairman Goldberg, Commissioners Bertucelli, ~1ullin, Slade and Chairman Teglia MEMBERS ABSENT: Commissioners Campredon and Mathewson ALSO PRESENT: City Planner William Costanzo City Engineer Assistant Planner Robert Yee Mark Wheeler Senior Planner Daniel Christians Planning Division Secretary Chief Building Inspector Fire Marshal Pamela Bayer Roy Ghilardi Arthur Maguire Frank Addiego Director of Public Services MINUTES OF PREVIOUS MEETING Minutes of the Planning Commission meeting of June 14, 1977. Chairman Teglia noted that on page 3780, under the motion on PM-77-l45, the Vice-Chairman had been listed as Teglia instead of Goldberg. Commissioner Bertucelli moved that the minutes of the regular meeting of the South San Francisco Planning Commission of June 14, 1977, be approved with the above noted correction. The motion was seconded by Commissioner Mullin and was passed by the following roll call vote: AYES: Vice-Chairman Goldberg, Commissioners Bertucelli, Mullin, Slade and Chairman Teglia NOES: None ABSENT: Commissioners Campredon and Mathewson ANNOUNCEMENT CONCERNING TAPE RECORDING OF MEETING Chairman Teglia announced that this meeting of the South San Francisco Planning Commission would be recorded on tape, but that anyone who wished to come before the Commission to be heard, but who objected to having his or her voice recorded in this manner, could request the Chairman to order the tape recorder turned "off" for the duration of the time that he or she is speaking or is heard. - 3792 - June 28, 1977 UP-77-388 An application of Foster & K1eiser for a Use Permit to relocate two off-site advertising structures located east of and adjacent to Bayshore Freeway 101, approximately 2600 feet north of Oyster Point Boulevard in the M-2-H Zone District. Secretary Costanzo noted that the applicant has requested that this matter be continued to allow himself and his attorney time to review the conditions imposed on this application. He also noted that staff had no objections to this continuation. The Commission unanimously agreed to continue this matter to the Planning Commission meeting of July 26, 1977. PM-77-l39 An application of Gamlin Chemical Company for a final parcel map to resubdivide an 86,000+ parcel of land into two smaller parcels at 211,213 and 215 South Maple Avenue in the M-l Zone District. Secretary Costanzo indicated that this final map was substantially in compliance with the tentative map previously approved by the Commission. Commissioner Slade asked if there were any plans to align South Maple Avenue or if it would continue to dogleg. Secretary Costanzo indicated that this street doglegs because the corner of Victory has two wide turns and that to his know- ledge there are no plans to correct this. Commissioner Slade moved that PM-77-3l9 be approved as being substantially in compliance with the Tentative Parcel Map. Commissioner Bertucelli seconded the motion and it was approved unanimously. PM-77~147 An application of Arthur Haskins, Jr., for a Final Parcel Map to subdivide five parcels into four located on Haskins Way and Swift Avenue in the M-2-H Zone District. Secretary Costanzo indicated that this final map was substantially in compliance with the previously approved Tentative Parcel Map. Vice-Chairman Goldberg asked if these parcels fronted on the water. Secretary Costanzo said that this was correct. Vice-Chairman Goldberg asked if this would have any effect on the future shoreline development study. Secretary Costanzo indicated that this would have no direct effect. Vice-Chairman Goldberg moved that PM-77-147 be approved as being substantially in compliance with the tentative map. Commissioner Slade seconded the motion ,and it was passed unanimously. - 3793 - June 28, 1977 RESOLUTION OF INTENTION NO. 2215 SHORELINE DEVELOPMENT STUDY Review of Specific Plan No. 1 and set a date for public hearing on this matter. Secretary Costanzo explained the Shoreline Development Plan and noted the improve- ments that would come about as a result of this plan which would take place in two phases. He noted that the dry-docks should be removed and that this was approved by BCDC, the ,Army Corps of Engineers and staff. He noted that it is staffls intention that in the future all those areas within BCDC's jurisdiction be rezoned from M-2-H to O-S Open Space. Secretary Costanzo indicated that the access ways between Grandview and E. Grand Avenue through Cabot, Cabot & Forbes was remaining to obtain as a part of the shoreline plan (Specific Plan No.1). He noted that there would be a change on page 7 of the Specific Plan No.1, Exhibit IFI, that access to Utah traverses Utah Avenue down Airport Boulevard through the fingers area. Chairman Teg1ia asked if there would be an EIR for the work done to fill in the slips. Secretary Costanzo indicated that the law would exempt us if it is for a natural habitat for wildlife. He noted that the Fish and Game people will advise the City on what to do to preserve the bird habitation during the interim time when grading, dredging and filling the slips occur. Commissioner Mullin asked what is going to happen to the Tillo Area. Secretary Costanzo explained that the present Tillo operations will be cleaned up and moved and that these areas would be used for sludge drying beds. He noted that there is not enough room in that area to allow the nature trails to go around the Estuary and that the end of this nature trail at this location will be screened and fenced at the sludge drying beds. He noted that it would be hazardous to have foot access to this area and noted that a bridge connection across Colma Creek is almost impossible because of the costs involved. Commissioner Slade asked if the nature park downwind of the treatment plant would really be utilized in the manner intended. Director of Public Services Addiego said it could be used, but there may be times when there would be odors in that area, but in the last three and one-half years plus, there have not been any odor problems. Chairman Teglia noted that she had been out in that location on several occasions and had not noticed any odors at all. Commissioner Slade wondered if it would not be better to forget this nature trail so close to the tre~tment plant and develop the upwind area. Director of Public Services said that every alternative possible was looked at for the location of the Tillo operations and that they ran into numerous problems. He said there is not room to have the Tillo operations and sludge drying beds on the Utah property and that they need all of the room as proposed for these operations. Chairman Teglia asked for clarification on the screening of the treatment plant and the drying beds. Secretary Costanzo indicated that landscaped screening would be intensive around this area to create a physical barrier and that main- tenance would be combined with the City and various other elements of the City. There was some discussion on whether or not a use permit would be required for any development occurring within the 100 foot setback BCDC line. Secretary Costanzo indicated that this was previously discussed but that this use permit - 3794 - 'Shore 1 i ne Study, cont' d J'une 28, 1977 requirement had been dropped because all developments within that area would have to comply with the strict BCDC requirements. He did note that any other proposed developments in the O-S Open Space Zone would be required to obtain a Use Permit. Mr. Douglas Butler, 133 Adrian Way, South San Francisco, questioned whether the Use Permit requirement had been dropped. Secretary Costanzo noted that any property which falls under the jurisdiction of BCDC or any portion of property within this area is subject to their review and consideration. He noted that no structures would be permitted in the 100' shoreline area without intricate permit processes and that they must conform to the Specific Plan. Mr. Butler indicated that he is encouraged by the nature trails. Commissioner Mullin stated that when plans and proposals were looked at under Dan Pass to now when specifics are being look at, he felt we have come a long way. Mr. Buzz Haskins commented that he would do what he could to see this specific plan happen. He noted that he is already doing his part to help. Commissioner Mullin introduced Resolution of Intention No. 2215 and moved to set a public hearing date for the Shoreline Development Study for July 26, 1977. Commissioner Slade seconded the motion. The Resolution and the motion were passed unanimously. UP-76-370 Updated report from City Attorney, Building Division and Fire Department of a Use Permit to establish an auto repair facility at 619 Airport Boulevard in the C-3 Commercial Zone District. Request to remove from table and set a date for a public hearing. Secretary Costanzo noted that this matter can be untabled by a unanimous vote and should be before this matter can be discussed. He indiated that the City Attorney said there was court action on this matter and that the City was success- ful. He noted that this applicant must comply with the code requirements and other procedural steps which include this use permit and the Uniform Fire Code and Uniform Building Code requirements. Commissioner Bertucelli moved to untable UP-76-370. Vice-Chairman Goldberg seconded the motion and it was passed unanimously. Vice-Chairman Goldberg asked for comments from the Chief Building Inpsector regarding the recommendation that all existing code violations be corrected prior to approval. Chief Building Inspector Ghilardisaid there were meetings with the applicant and attorney and it was agreed that Arthur Brincat would submit a plan showing the corrections to these violations, which was submitted. He noted that the corrections were not detailed enough and the plans were un- acceptable, therefore, he recommended that these violations be corrected prior to the use permit approval. In response to Vice-Chairman Goldberg's question, he noted that this use was presently in operation in spite of the cease and desist order~ and that the applicant is in direct violation of certain building code requirements. - 3795 - UP-76-370, cont'd ~June 28, 1977 Vice-Chairman Goldberg asked what amount of time was needed to proceed with the corrections. Inspector Ghilardi said one week to a month would be suffi- cient. Secretary Costanzo noted that Mr. Ghilardi is only referring to the building violations. Vice-Chairman Goldberg asked if all these violations could be corrected before action by this body. Fire Marshal Maguire said that the Fire Department had tagged much of the equipment to show that it was being operated under dangerous conditions. He noted that the applicant obtained a stay order, preventing the Fire Department from enforcing these tags. He noted that on May 24, the court ruled on the stay order which affected the cease and desist order placed against the appli- cant and ruled that the City was not limited any longer by this order. The Fire Department considered retagging the equipment, but received notice from the engineer hired by Mr. Brincat to take care of these pending matters that they would do so. On June 1, the Fire Department requested and received a letter from Mr. Daly, attorney of Mr. Brincat, stati~g their intent to conform with these requirements and a schedule was set up. Completion of everything was to have been done in 30 days, except the sprinkler system, for which plans were to have been submitted. Fire Marshal Maguire indicated that the equipment was notTetagged because they were goi ng to gi ve the app 1 i cant suffi c i ent time to comply. He noted that since they have not done what was agreed upon, the matter is back in the hands of the City Attorney for further consideration. He noted that he would like to see this equipment retagged. Commissioner Bertucelli asked if there was a spray booth installed and if they were painting. Fire Marshal Maguire stated that no booth was installed and that he does not know if they are painting or not. He noted that there was some discussion on a paint spraying area, but there is no clear picture on the plan as to whether they are going to paint or not. Chairman Teglia expressed her concerns with the business already being in opera- tion. Secretary Costanzo indicated that the problem is that the various depart- ments and divisions are trying to obtain corrections for a land use that is illegal, and there would be a problem if the applicant complied with all of the conditions and then the use permit were denied. He stated that he does not know if legally the City can withhold action on this use permit until the premises are vacated. He did indicate that he would like to see the operations cease before the hearing. Chairman Teglia noted that she would like to see have the City Attorney present at the hearings on this matter for his legal counsel. Secre- tary Costanzo noted that this can be done and that he feels the City should go ahead with the use permit approval or denial. Commissioner Bertucelli stated that when applications are approved for a use permit, the applicant states that he agrees with all of the conditions and will comply with them. If he does not, isn't his permit revocable. Secretary Costanzo noted that in all cases it is revocable, but that in this case, the applicant does not have a permit to revoke. Mr. Daly, the attorney for Brincat, noted that the equipment was tagged and that after the court action, they set up a meeting with the City Attorney and other City staff members. He noted that they have complied with the agreements made between Mr. Brincat and the City. Commissioner Slade noted that he wanted the applicant to come to the public hearing with "clean hands.11 Secretary Costanzo informed Mr. Daly that the deadline to file for the August 9, 1977, meeting was July 11, 1977. The "'"7l"\r UP-76-370, cont'd June 28, 1977 Commission indicated that they wanted a filing fee submitted by the applicant. Commissioner Slade moved that this matter be scheduled for public hearing at the August 9, 1977 meeting. Vice-Chairman Goldberg seconded the motion and it was passed unanimously. PRECISE PLAN OF DESIGN/DESIGN CRITERIA Joint discussion between the Planning Commission and Architectural Committee related to the establishment of a Precise Plan of Design/Design Criteria for consistency with established City policy for future development within the City of South San Francisco. Secretary Costanzo requested that this matter be continued to the study session in July because of unavoidable circumstances whereby two members of the Archi- tectural Committee could not be present. He asked that the Planning Commission review the matter of the apartments proposed by Maurice Brosnan adjacent to the Willow Gardens area with no action being necessary. He noted that a 14 unit building was approved by the Architectural Committee and that the 7 unit building was not approved due to unresolved difficulties. He felt it was neces- sary to bring this matter to the Commission. Vice-Chairman Goldberg indicated that the difference between what is there now and what is being proposed should be softened so that the difference is not so great. Chairman Teglia felt it would be wise to have the Architectural Committee go out to the site and see if this building correlates well with the site. Secre- tary Costanzo felt this was a good idea, but noted that time is important when there are 20 to 25 items on an agenda for the Architectural Committee's review and approval. Mr. George Avanessian, a member of the Committee, saidne just saw the eleva- tions this ,evening and would like to know if this type of building design is being proposed for future use rather than a one time design. Commissioner Mullin stated that he does not know enough about architecture to make a valid comment on the type of architecture being proposed. He stated that this would be the function of the Architectural Committee. Mr. 4vanessian stated that there must be time to go visit the site and that a way to do this would be to receive the applications one week and pass on them the following week to allow time for them to visit the site which is essential to make a determination. The Commission unanimously agreed to continue this matter to the July 26, 1977 meeting. GENERAL PLAN UPDATE Review of the current General Plan and a proposed comprehensive update of the Land Use, Circulation and Housing Element. - 3797 - General Plan Update, cont'd I June 28, 1977 Secretary Costanzo presented the staff report and noted that there needs to be an appointment of committee of commissioners to work with staff on the General Plan update, preferrably members who can work in the daytime. He noted that the work program was attached. He indicated that public hearings should be held to amend the General Plan after completion of the work program. There was some discussion on the frequency and times of meetings. Secretary Costanzo said there would probably be one or two meetings monthly. Most of the Commissioners present indicated that they would like to be on the Committee. Secretary Costanzo suggested alternating committee members as a way of solving time problems throughout the year and possibly having the meetings around 5:00 or 6:00 p.m. in the evening. The Commission generally concurred with these times. ZA-77-8 RESOLUTION OF INTENTION NO. 2216 Resolution of Intention to set a date for a public hearing to amend the Zoning Ordinance to require the mailing of legal notices to all properties within,300 feet of the particular property under consideration. Secretary Costanzo presented the staff report, noting that this amendment would delete the requirement for posting on site and would incorporate the requirement for mailing of legal notices to all persons residing or working within 300 feet of the proposed application. Some Commissioners noted that they wanted this requirement for posting on site to remain. They felt that even though these notices were mailed to the prop- erty owners, the tenants often did not receive them and it was important that they be aware of the application. They also indicated that the applicant should prepare a 300 foot radius map to be submitted with the application. Vice-Chairman Goldberg introduced Resolution of Intention No. 2216 to set the date for public hearing on this matter to July 26, 1977. The resolution was adopted unanimously. ~ommissioner Slade left the meeting at 11:30 'p.m. and did not vote on the above item.) DRAFT SIGN ORDINANCE After a brief discussion on what a possible date for public hearing would be on this matter, the Commission agreed to have a special study meeting on September 20, 1977. It was agreed that this would be the only agenda item. - 3798 - dune 28, 1977 PLANNING FEES Review and consider proposed revisions to the current fees being charged by the Office of the City Planner. Secretary Costanzo explained the proposed changes in the planning fees and noted that these changes would bring these fees into conformity with the rest of the Bay Area. He explained that it has been the City's policy that we do everything to encourage development and, therefore, we are slightly behind the average charged by planning offices through the Bay Area. Vice-Chairman Goldberg asked if these increased fees would help the Planning Division become self-sufficient or closer to it. Secretary Costanzo explained that the Planning Division is funded out of the General Fund and that we will be contributing quite a bit more money to this fund, which will bring us closer to being self-sufficient. Commissioner Mullin noted that he would like to see those fees that are over the average be reduced to the average. The staff and the Commission agreed to this and to the other changes. COMMUNICATIONS Secretary Costanzo presented a memo to the Commission outlining the current status on past directives to staff from the Commission. There was some dis- cussion on use variances approved in the past and grandfathered in. Secretary Costanzo indicated that they are legal uses and could be transferred to another individual as long as the use did not cease. He stated that an amortization period could be established for such uses, such as 1980. Secretary Costanzo noted to the Commission that the City is applying for pre- liminary review for grant consideration of $75,000 which the City would match with $25,000 for in-kind services for a study of Bethlehem Steel, U.S. Steel and the adjacent downtown area. He noted that if the grant committee accepts it, they will send us the grant application and we will take it to the City Council for approval to send in this grant application. He also indicated that the City is working on a HUD Section 312 loan program for $50,000 at an interest rate of three percent for downtown owners or mer- chants. He indicated that the City would help them through the administrative processes, etcetera. Secretary Costanzo indicated that the federal governme t is considering exten- ding the HCDA program into the 4th, 5th and 6th years nd that that money be used in other areas with specific needs that will make a physical difference to the neighborhood. This would occur if the loan pro ram does not go better. He also indicated the possibility of using these funds for hotel rejuvenation and that if this is not successfful, then using it to ctually build or recon- struct certain buildings that would benefit the commun ty. He noted that the home repair program is progressing very well. Secretary Costanzo indicated that the City is having a great deal of difficulty in forming the Citizens Advisory Committee. He noted hat one member must be - 3799 - Communications, contJd June 28, 1977 from the Target Area and that to date they have not found a person willing to serve on this Committee. Commissioner Mullin suggested asking the School Board for a list of people who have volunteered for school projects and maybe out of this list, the City would find someone in the Target Area willing to apply for the Citizens Advisory Committee. Secretary Costanzo noted that the League of California Cities Annual Confer- ence will be held in September and asked which Commissioners wished to attend. Commissioners Mullin and Bertucelli, Vice-Chairman Goldberg and Chairman Teglia all indicated they wished to attend. Secretary Costanzo noted that he would get in touch with the other Commissioners to see if they wanted to attend also. Secretary Costanzo noted to the Commission that a letter had been sent to U.S. Steel Company informing them that if an EIR is required by the Army Corps of Engineers, the City would require its inclusion in the EIR for the proposed alterations. Secretary Costanzo noted also that a letter had been sent to Emerald City advising them that before any expansion of their use, they would be required to obtain approval of a Use Permit from the Planning Commission. He also noted that they would be subject to revocation of the existing use permit if they went ahead with this expansion without the necessary use permit approval. GOOD AND WELFARE Chairman Teglia noted that she had talked with Commissioner Mathewson and that he is doing much better and anticipated coming back by the first part of August. There being nothing further to consider under Good and Welfare and no other communications or matters of interest for the Commission, Chairman Teglia announced that the next regular meeting of the Planning Commission would be held on July 12, 1977, at 7:30 p.m. in the West Orange Library Auditorium. The meeting was adjourned at 12:00 a.m. Roberta Teglia, Chairman Planning Commission City of South San Francisco William Costanzo, Secretary Planning Commission City of South San Francisco NOTE: The entries of this Planning Commission meeting indicate the action taken to dispose of each item. Oral presentations, arguments and documents are recorded on tape. The tapes are available in the office of the City Planner. Documents related to the items discussed are on file in the office of the City Planner and are available for public inspection. - 3800 -