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HomeMy WebLinkAboutMinutes 05-15-03MINUTES May 15, 2003 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER / PLEDGE OF ALLEGIANCE TAPE 1 7:30 p.m. ROLL CALL / CHAIR COMMENTS PRESENT: Commissioner Giusti, Commissioner Honan, Commissioner Meloni, Commissioner Sim, Vice Chairperson Ochsenhirt and Chairperson Romero ABSENT: Commissioner Teglia STAFF PRESENT: Planning Division: City Attorney: Engineering Division: Police Department: Water Quality: Fire Prevention. Thomas C. Sparks, Chief Planner Steve Carlson, Senior Planner Steve Kowalski, Associate Planner Bertha Hernandez, Admin. Asst. II Kimberly Johnson, Assistant City Attorney Richard Harmon, Development Review Coordinator Lieutenant Mike Newell, Planning Liaison Sergeant Jim Thane, Planning Liaison Ray Honan, Environmental Compliance Coordinator Maurice Dong, Assistant Fire Marshall AGENDA REVIEW Chief Planner Sparks asked the Commission to review item number three prior to item number two. He explained that the departmental laptop had not yet arrived and that the presentation for item #2 was on the laptop. The Commission agreed to consider item three first. ORAL COMMUNICATIONS Frank Acob, 19 Vista Ct., asked Chairperson Romero if the public would be allowed to speak for five minutes or three minutes. He explained that they have prepared their comments for the five minutes noted in the agenda. Chairperson Romero noted that there would not be a problem if speakers took five minutes but asked that if there CONSENT CALENDAR Approved 1. Approval of Special Meeting Minutes of April 26, 2003 and Special Meeting Minutes of May 1, 2003. Commissioner Sim and Commissioner Honan abstained from the April 26, 2003 minutes due to being absent. Motion Meloni / Second Ochsenhirt to approve the minutes. May 1, 2003 Special meeting minutes approved by unanimous voice vote. April 26, 2003 Special meeting minutes approved by majority voice vote with two abstentions. PUBLIC HEARING 2. Frank & Nannette Diokno 22 Vista Court P02-0019 and Negative Declaration ND02-0019 Moved after item #3 The Modification of a Residential Planned Unit Development involves the construction of a 2 story single family dwelling containing 5 bedrooms and a total living space of 3,754 square feet and on-site parking for three vehicles, in accordance with the provisions of South San Francisco Municipal Code Chapter 20.84. The Parcel Map will allow the existing 24,225 square foot lot at 233 Vista Court containing an existing single family dwelling to be split into a total of two lots with areas of 13,335 square feet (new lot) and 10,890 square feet 22 Vista Court), in accordance with SSFMC Title 19. 3. Los Metates/Roberto Vega/Enrique Moreno -owner Sandra B. Jimenez-applicant 231 Lux Avenue GP, RZ, PE, UP-01-076 and Categorical Exemption Section 15061(b)(3) Review for Exemption Resolution 2627 (Continued from May 1, 2003) General Plan Amendment changing the land use designation of the property from Downtown High Density Residential to mixed Downtown High Density Residential/Community Commercial, Rezoning of the parcel from Medium Density Residential (R-2-H) to Retail Commercial (C-l-L), and a Use Permit allowing an expansion of an existing restaurant situated within 200 feet of a residential district in the Medium Density Residential (R-2-H) Zoning District, in accordance with SSFMC Chapters 20.22, 20.81 and 20.87. Moved before item number two under Agenda Review. Associate Planner Kowalski presented the Staff Report. Sandra Jimenez, applicant, noted that her client is planning on expanding the kitchen area of the restaurant and making the entire restaurant ADA compliant. She added that they have already been before the Parking Place Commission for a parking waiver, which was granted. A discussion between Commissioner Sim and Assistant City Attorney Johnson took place regarding licensing and administrative requirements for architects. Commissioner Honan asked how many employees worked at the site. Ms. Jimenez replied that there were six part-time employees. Commissioner Honan asked if the deck was for residents of the apartment unit above the restaurant. Ms. Jimenez noted that it was, and that there was no public access to the deck. Commissioner Giusti asked if the stairs at the back of the restaurant were to be removed. Ms. Jimenez noted that they would be removed and relocated behind the new addition. Public hearing opened. Being that there were no speakers the public hearing was closed. Vice Chairperson Ochsenhirt asked what the seating capacity of the restaurant was. Ms. Jimenez noted that there is room for 35 people at the restaurant. Vice Chairperson Ochsenhirt asked if a restaurant that seats 35 people is considered and in-and-out type of service. Associate Planner Kowalski pointed out that restaurants that serve food in disposable containers and experience high dine-in turnover are considered limited service restaurants. Customers usually stay in the restaurant for less than an hour unlike full service restaurants that have wait staff and customers that usually stay for an hour or more. Chairperson Romero asked if the restaurant was in a residential area. Associate Planner Kowalski noted that it that it is inside a residential district directly next-door to a commercial district. Chairperson Romero asked how this restaurant -was ever allowed in a residential area. Chief Planner Sparks noted that there are a nurnber of commercial uses that have evolved over time and are legally non-conforming, and that this may have been one of those. Motion Sim / Second Giusti to approve the staff recommendation. Approved by unanimous voice vote. Recess taken at 8 p.m. Recalled to order at 8:10 p.m. Frank & Nannette Diokno 22 Vista Court P02-0019 and Negative Declaration ND02-0019 Continued to July 17, 2003 The Modification of a Residential Planned Unit Development involves the construction of a 2 story single family dwelling containing 5 bedrooms and a total living space of 3,754 square feet and on-site parking for three vehicles, in accordance with the provisions of South San Francisco Municipal Code Chapter 20.84. The Parcel Map will allow the existing 24,225 square foot lot at 233 Vista Court containing an existing single family dwelling to be split into a total of two lots with areas of 13,335 square feet (new lot) and 10,890 square feet 22 Vista Court), in accordance with SSFMC Title 19. Senior Planner Carlson presented the staff report. Commissioner Meloni noted that the proposed structure on page three of the development standards is 25 ft. in height, and asked where it was being measured. Senior Planner Carlson noted that the city uses average grade. Commissioner Meloni asked if the lot coverage of 21% was for the proposed structure. Senior Planner Carlson noted that it is for the proposed structure and is below the 50% allowed by the city. Commissioner Meloni also asked if the address for the new structure will be 22 Vista Ct. Senior Planner Carlson noted that the Building Division would be assigning a new number to that property. Nannette Diokno, owner and applicant, presented her project to the Commission through a PowerPoint presentation. She noted that they are seeking approval to subdivide the property into two lots. The new lot would have a five-bedroom structure with on-site parking for three vehicles. She added that the developer did not build on it because at the time it was not feasible. She went through the chronology of events of the property: 1992 9/29/00 10/06/00 06/06/01 08/07/01 10/02/01 03/01/02 03/12/02 06/04/02 08/06/O2 10/15/02 03/04/03 They bought the property and noticed that teenagers have used it as a hangout and disturbed neighborhood, leaving in having trash all over the vacant portion of the lot. She noted that she has been in contact with the Police Department with regard to these problems and has been encouraged to contact the Police Department when this occurs. They decided to subdivide the lot and submitted a formal request for it. The Homeowners Association advised the applicant that they did not have jurisdiction over a subdivision and asked the owner to review the possibility with the CiO P!a_n_n_ing staff. They notified the neighbors of the proposed project. The meeting was held and there was lots of neighborhood opposition. They were told that they weren't in violation of the CC&Rs; there was insufficient parking. They met with the Homeowners Association and were told that the Board does not have authority over a subdivision. They addressed and mitigated the neighborhood's concerns with regard to parking. They formally filed a Planning application. They met and received comments on the proposal from the Design Review Board. They met once more with the HOA Board, the homeowners and their legal counsel. The legal counsel advised the Association that they do not have the authority to deny the plans based on their objections. The modified project was approved. They met with the Design Review Board for second time and plan was approved as modified. They held neighborhood meeti_n_g at w_h_ich the same concerns were raised and addressed. Ms. Diokno noted that the lot is large and there is enough room to meet the Ci.ty requirements. She added that there would be retaining walls reinforced by steel peers and noise control systems. She pointed out that they would comply with all of the city ordinances with regard to noise and the building stage. She noted that the Design Review Board asked that the dwelling size be reduced and the roofline be redesigned to allow the view from the opposite site. Mike Valencia, 200 E1 Camino Real-San Bruno, noted that the neighborhood has objected to the project from the beginning. He noted that one of the comments is that the Westborough Homeowners Association Board of Directors suspiciously and unfairly approved the Diokno project in violation of the CC&Rs and the bylaws. He noted that the Board listened attentively and courteously to every speaker and then made a decision. He added that another issue was parking but the Diokno family has provided three on-site parking spaces. Grading, seismic and drainage have also been issues raised by the neighborhood but these should be left to the professionals to discuss. He added that staff has also had their professionals review the studies. He noted that this project is using state of the art foundation and it will be the most seismically safe building in the area. Mr. Valencia stated that the packet contains several form objections that have been signed by residents in the area. He noted that some residents were not correctly informed and the project was misrepresented in these petitions. Public Hearing Opened. Gary Belaga 21 Vista Court The following persons spoke against the proposal: Amelia Abalos Mynna Danvin 106 Valleyview Way 18 Vista Court · Dennison Raval 108 Valleyview Way Frank Acob 19 Vista Court Victoria Chan 17 Vista Court Michael Chan 17 Vista Court Brenda Leus 157 Appian Way Cecilia Belaga 21 Vista Court Zita Rey 23 Vista Court Chito Desausido 26 Vista Court Chris M. Abalos 602 Stonegate Drive Gordon Leo Pres. of Westborough Highlands Assoc. 22 Sunrise Court Alex Ku Pla Sheker 107 Valleyview 31 Vista Court Way Public comments were: i There is insufficient parking along Vista Court and Gellert Boulevard does not allow parking along the street. · The applicant has a negative attitude towards neighborhood. They call the Police Department if anyone parks near their home. [] They noted that they were opposed to the project and the staff report notes that the Westborough Homeowners Association approved the proposal with no protest. They noted that it was not approved by a legal constitution of the Homeowners Association Board and there are transparent lies in the staff report and in the applicant's presentation. [] The neighbors noted that although it has been stated that the view easement would not be affected eight houses would be affected due to this project. - .m.l~, Jt~O~U~ll[~ aJtU~ V aJt~C.y ¥~CW ¥¥ ay WClC UUllk;~ttlCU Ul tll~ IO~ el pnvacy via'[nls" ' pr eot [] The residents of Valleyview Way were also concerned on what will occur when earthquake hits and the foundation may not hold the structure in place and collapse on top of Valleyv/ew homes [] They were concerned with the 3054-ft.2 structure and that it was going to be too heavy for the size of lot. · They were alarmed to see how the Westborough Homeowners Association Board approved the project in violation of the CC&R article 6, section 609 that stated that any plant that obstructs the view of any home shall be trimmed down. They questioned how a concrete building that obstructs someone's view could be trimmed down. [] They noted that there would be health and safety issues with regard to landslide due to the winter rain and the degree of the slope. [] The developer left this lot vacant because the land is not strong enough to hold such a project and being that the soil is sensitive it will be even more during and after construction of this proposal. [] They questioned if the City, the contractor, t'ne Homeowners Association, the taxpayers or maybe the purchaser would be responsible in the event a catastrophe. [] The Geotech reports from September 5, 2002 and xT ..... 1,~,. 1988 have several discrepancies. One) r,~ ^_ Shwires and Associates claimed to have used current information on their report and the information used is outdated. Two) Cotton Shwires and Associates claim that the proposed site is .75 miles from the San Andreas Fault when the US Geological Department shows that it is .5 miles from the fault. · The neighbors were concerned with noise construction and heavy equipment going through their streets. · They asked that the remainder of the lot be preserved as open space. · Construction will affect the foundation for neighboring homes, which are based on 1981 technology. Public Hearing closed. Recess called at 9:55 p.m. Recalled to order at 10:08 p.m. Commissioner Meloni asked where the piers would be located on slope. Bill Zeirbach, Earth Systems, noted that they would be on the downside of the building on the foundation line. He added that the stitch piers on the downhill slide will be 15 ft. deep and the rest would be 12 ft. deep as a minimum. Commissioner Meloni asked how much grading is for anticipated for site. Mr. Zeirbach noted that this information is not available at the moment. Commissioner Meloni asked if there were any Homeowner Association Board of Directors representatives present. Mr. Haresh Gidwani, 128 Valleyview Way, and Margie Zumar, 514 Avalon Dr., were present. Commissioner Meloni asked if it is a true statement that the CC&Rs do not allow subdivisions. Mrs. Dumas replied that it is correct. She noted that the Board of Directors stated that they have no jurisdiction over the building. The Board could approve the aesthetic aspect and the remainder is up to the City. Commissioner Meloni and Assistant City Attorney Johnson discussed how the Homeowners Association Board of Director is able to approve a project that subdivides a lot while it is prohibited in the CC&Rs. He was concerned if the city could be put in jeopardy by approving a project with restrictions in the CC&Rs. It was understood that if the City is consistent with state law and findings are in conformity with the General Plan the City is not in jeopardy. Assistant City Attorney Johnson noted that she could not respond entirely to this question due to the fact she did not have the CC&Rs before her. Commissioner Meloni discussed with the Homeowners Association representatives their minutes procedures. Commissioner Meloni requested to get a copy of the minutes for the Homeowners Association meetings regarding the Dioknos project. Commissioner Romero asked if the Board made decisions with regard to the lot subdivision. Mrs. Zumar noted that the Board asked for neighbor approval and when it was negative that Board acted within the boundaries of the CC&Rs. They suggested that the Dioknos go further with the City for the subdivision being that the Board did not have jurisdiction over this. Commissioner Romero asked if there was legal counsel for the Homeowners Association available at their meetings and what the recommendation was. Mr. Gidwani noted that the Attorney informed the Board that the Dioknos have equal rights like any other members. He added that the Board gave the Dioknos direction to go forward with the city procedure. Commissioner Meloni asked if they did not approved the project. The Homeowners Association representatives noted that they did not and are not qualified to do so and the Board specifies that any condition needs to be reviewed and approved by the different City entities. Commissioner Meloni asked if the CC&Rs talk about view easement. Mr. Gidwani noted that the CC&Rs address this in regards to having a tree become too abusive to the neighbors. Mrs. Zumar noted that is addressed with regards to landscaping. Commissioner Honan noted that she had the August 6, 2002 Board of Directors meeting minutes and asked what was meant by approved and passed. Mr. Gidwani noted that the approval was that the Dioknos request is valid and that they could proceed further with the City authorities. Commissioner Meloni noted that a comment was made that the Homeowners Association was threatened with a lawsuit if they did not agree to have the new residence on vacant lot. He asked that the Homeowners Association representatives respond to this. Mr. Gidwani noted that the Homeowners Association has to be fair to both parties. ~:\M~.~\T2~.~£z~c~\.~oo3\o~--±~--o3 P-_PO_..0~o~ p~0~ 5o10 ~ No one was threatened at any time. Commissioner Romero requested to have a copy of the meeting minutes and sign in sheets for August 6, 2002, and the CC&Rs. Assistant City Attorney Johnson noted that someone in the public had provided a copy of the CC&Rs to staff. Commissioner Meloni asked what the height differential was between the lowest point of the grade and the property line. Senior Planner Carlson noted that there is a 10 ft. drop. Commissioner Meloni suggested that the house be stepped down on the exterior design in order to not have a flat back. Commissioner Sim asked how the measurements were done on the adjacent parcels and if there were spot elevations of the houses below 22 Vista Ct. taken and those adjacent to it. Ramona Dimaculangan, Star Builders, noted that the Topo gives the elevations at the sidewalk, the curbs and property lines. Commissioner Sim asked if a seismic report or mudslide report had been done along with a topo with spot elevations on the adjacent homes, the second-floor, rooflines and its peaks. Commissioner Romero and development Coordinator Harmon discussed the history of the original development on Vista Ct. It was found that the developer did not built on the vacant lot because he felt that he could not economically build a house there. Commissioner Honan requested that the Police Department have a report of vandalism on 22 Vista Court vacant lot by the next meeting. Sergeant Thane noted that it there are more than 75 calls in that court varying from juveniles loitering, drinking, narcotics usage, and loud music. He added that the Police Department has patrolled the area to target nonresident vehicles. Commissioner Romero noted that the item needs to be continued in order to get all information requested. The applicant agreed to continue the item. Motion Meloni / Second Sim to continue the item to July 17, 2003. Approved by unanimous voice vote. ADMINISTRATIVE BUSINESS 4. Items from Staff a. CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2003-2004 City of South San Francisco-owner/applicant Citywide Resolution 2628 Adoption of Planning Commission Resolution finding that the proposed Capital Improvement Program for Fiscal Year 2003-2004 is consistent with the adopted South San Francisco General Plan, in accordance with Government Code, Division 1, Section 65401. Chief Planner Sparks informed Commission that it would be making a general plan consistency finding for the CEP. The Commission asked what the status is on the fire station rebuilding, Gateway childcare Center, the signals at Arlington and E1 Camino Real, and the train station design plan. Staff noted that the new fire station was on hold for the next two years. There is a site identified for the Gateway Childcare Center and will be on the Council agenda late May. The Redevelopment Agency will build it and the YMCA will enter into a 25-year lease at no cost to them. The signals at Arlington and E1 Camino Real will be built this year but Caltrans has not sent the City plans for those signals yet. With regard to the train station, the Engineering Division noted that they would work with the Planning Division on the concept plan. Commissioner Sim noted that he would be willing to -volunteer as an architect when the City wants input on projects. iiiiiii Motion Meloni / Second Sim finding that the CIP is consistent with a General Plan. Approved by unanimous voice vote. b) Other items Chief Planner Sparks noted that the Council has adopted the second unit ordinance with reduction of the maximum size of the unit to 640 ft.2 and adopted a form of amnesty program that legalized units which meet City Code. Assistant City Attorney Johnson noted that Mike Lappen did a fantastic job in the second unit ordinance and that the Commission should be proud of the staff because of their work well done. 5. Items from Commission Commissioner Honan noted that the Ron Price sign does not appear to be with the Commission approved. Chief Planner Sparks noted that the big sign is not exactly what the Commission approved and was informed of the change after it was erected. He added that he would look into this issue and report back to the Commission. Commission Honan and Commissioner Sim noted that they would not be present on June 5, 2003. Commissioner Sim asked that he be notified when the road improvements on Shannon are completed. 6. Items from the Public None 7. Adjournment 11:07 P.M. Motion ltonan / Second Meloni to adjourn the meeting. Approved by unanimous voice vote. Thomas C. Sparks ~ .... Secretary to the Planning Commission City of South San Francisco William Romero, Chairperson Planning Commission City of South San Francisco - NEXT MEETING: Regular Meeting June 5, 2003, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA TCS/blh