Loading...
HomeMy WebLinkAboutMinutes 02/26/1973 M I NUT E S February 26, 1973 of the regular meeting of the South San Francisco Planning Commission TIME: 8:05 p,m. DATE: February 26, 1973 PLACE: C ounci 1 Chamb ers, City Hall South San Francisco, California MEMBERS PRESENT: Vice Chairman Gamma, Commissioners Hale, Lazzari, Mullin, and Chairman Raffaelli MEMBERS ABSENT: Commissioners Mathewson & Slade ALSO PRESENT: City Planner and Secretary to the South San Francisco Planning Commission, Daniel M. Pass Assistant Planner William A. Timmons Planning Aide Surendra N Amin MINUTES OF PREVIOUS MEETING Minutes of the Planning Commission meeting of February 13, 1973 Commissioner Lazzari moved that the minutes of the regular meeting of the South San Francisco Planning Commission of February 13, 1973 be approved. The motion was seconded by Vice-Chairman Gamma and was passed by the following roll call vote: AYES: Vice Chairman Gamma, Commissioners Hale, Lazzari, Mullin, and Chairman Raffaelli NOES: None ABSENT: Commissioners Mathewson & Slade ANNOUNCEMENT CONCERNING TAPE RECORDING OF MEETING Chairman Raffaelli 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 in order to be heard, but objected to having his voice recorded in this manner, could request the Chairman to order the tape recorder turned "off" for the duration of the time that he is speaking or is heard. - 3094 - Expiration of UP-203 February 26~ 1973 The Expiration of UP~2Q3" use~,perrnit request of Michael C. Callan to establish Commercial Planned Unit Development "H" in the "Commercial Zone" of the Westborough-West Park No. 2 Planned Community District. Secretary Pass read the following report and letter into the record. Analysis and recommendation of City Planner, Daniel M. Pass "1. On October 7, 1971" Mr. Michael C. Callan filed a use-permit application, No. UP-203, to establish Commercial Planned Unit Development "HI! at the southwesterly corner of Callan Boulevard and King Drive, in a "Commercial Zone" of West Park No.2 Planned Community District. The proposed planned unit development consisted of a service station" quick- stop market, and restaurant. 2. The Planning Department, under UPA-66, opposed the establishment of the proposed, commercial planned unit development on the grounds that the development of the service station and quick-stop market were not currently required by the residents of the West Park and Greendale neighborhoods, and would therefore be premature. The Planning Depart- ment's opposition to the granting of UP-203 was endorsed by Landscape Specialist John E. Hoffman. 3. On Tuesday, October 26" 1971, the South San Francisco Planning Commission adopted Official Action Report UP-,145" and thereby denied the approval of the use-permit request in question. The City Council, after much controversy, overruled the Commission, and conditionally granted UP-203 on February 7, 1972, under Resolution No. 5774 4. Section 6.51 of the Zoning Ordinance of the City of South San Fran- cisco provides that "Any zoning permit, use permit or variance granted in accordance with the terms of this ordinance shall automatically expire if not used within one year from the date of approval.1I 5. The City Planner, on Monday, February 12, 1973, performed a planning survey of the lands in quest ion, and found no phys ical evidence that UP-203 had been "used". With the exception of a few survey stakes, the said lands have been undisturbed for several years. 6. It should be noted that Texaco has procured a building permit for the service-,station component of the instant planned unit development, and it might be argued that the building permit constitutes a lIuse" of the use permit. The Planning Office cannot concur with this logic. The Office feels that Section 6.51 requires that a use permitted by a , use permit must be, at least in part, physically established within one year. The procurement of a building permit physically establishes nothing. RECOMMENDATIONS: "The Planning Office respectfully recommends that the Planning Commission adopt the following interpretive rulings. - 3095 - Expiration of UP-203 contd. February 26, 1973 "1. Sect ion 6.51 of the Zoning Ordinance requires that a us e permi tted by use permit be, at least partially, physically established within one year after the date of approval of the governing use permit. 2. UP-203, use-permit request of Michael C. Callan to establish Commer- cial Planned Unit Development "H" in a "Commercial Zone" of the Westborough- West Park No 2 Planned Community District, was not used within the time prescribed by Section 6.51 of the Zoning Ordinance of the City of South San Francisco, and has therefore expired. The adoption of the above rulings would not preclude the applicant from submitting a de novo application for the establishment of Commercial Planned Unit i'Hi'." cc: Gale Dreisbach, City Manager John Noonan, City Attorney Fred W. Hull, Director of Ecological Development Roy Ghilardi, Acting Chief Building Inspector Copy of letter dated February 16, 1973, from Roy R. Ghilardi J Acting Chief Building Inspector, to Texaco, Inc. "Please be advised that the Building Permit for the construction of the Texaco service station, proposed for establishment at the southwesterly corner of Callan Boulevard and King Drive, was extended by Chief Building Inspector Leonard Pittz to March 15, 1973. This extension in no way affected UP-203. Since UP-203 was not used by the applicant or his assign within one year, it expired on February 7, 1973. As of this date Use Permit 203 is null and void. You may reapply for a new use permit. Building Permit No. 14946 will be held in abeyance to March 15, 1973. In the event a new use permit is issued by the Planning Commission prior to this date said building permit may be used for new use permit, otherwise said building permit will also be cancelled null and void due to time limitation. II Names and Addresses of Proponents and Opponents Ppoponents 1. William D. Evans, Attorney for Texaco, Inc. 3350 Wilshire Blvd., Los Angeles, CA. 90005 2. John E. Thorne, Attorney representing Michael C. Callan 510 North Third Street, San Jose, CA. 3. Gary H. Boyd, Real Estate Agent, Texaco, Inc. 475 Harbor Blvd., Redwood City, CA. 94064 The persons listed above spoke regarding UP-203. Mr. Evans also submitted documents marked as exhibits A, B, C, D & E. 3096 - Expiration of UP-203 contd. February 26, 1973 Opponents 1. Gary Goren, President Westborough Hills Condominium #4 Homeowners Assn 3741 Fairfax Way, Westborough, South San Francisco, Ca. Considerable discussion ensued regarding the expiration of UP-203. At the conclusion of the discussion, Chairman Raffaelli asked the Commission for a motion, Commissioner Hale moved that the Planning Commission hold over the subject matter to its regular meeting on Marhh 26, 1973, for further consideration. The motion was seconded by Commissioner Lazzari and was carried by the following roll call vote: AYES: Vice-Chairman Gamma, Commissioners Hale, Lazzari, and Chairman Raffaelli NOES: Commissioner Mullin ABSENT: Commissioner Mathewson & Slade SPECIAL REPORTS 1. Review of the Proposed City Planning Budget: 1973-1974 Planning Commission decided to take no action in this matter. 2. Proposed Urban Design Plan I Interoffice Memorandum, dated February 16, 1973, from Daniel M. Pass, Ci ty Pl anner "The Office of the City Planner respectfully recommends that the Planning Commission ratify the Commission's Urban Design Plan I, which was approved on September 27, 1971, under Resolution No. 2118. The Office further respectfully recommends that the Commission instruct the Secretary to transmit notice of its ratification to the Honorable City Council. This municipality's incorporation of its spatial-relationship and aesthetic controls in its community-planning process is ess ent ial . Without urb an amenity, th ere can be no order." The Planning Commission discussed the above subjJect matter. At the conclusion of its consideration, Commissioner Hale moved that the Planning Commission take no action and table the matter to a time indefini te. The motion was seconded by Vice-Chairman Gamma and was passed by the following roll call vote: AYES: Vice-Chairman Gamma, Hale, Lazzari, Mullin Chairman Raffaelli None Commissioners Mathewson and Slade - 3097 - NOES: ABSENT: GOOD AND WELFARE, OTHER AND CO~1MUNICATIONS February 26, 1973 John Penna, Real Estate Agent, 425 Grand Avenue, South San Francisco, suggested that the Planning Commission might adopt an ordinance to prohibit posting political signs for election purposes. Such an ordinance is in force in the City of Burlingame. Secretary Pass stated that the posting of political signs for election purposes is of a temporary nature and he was of the opinion that the adoption of such an ordinance is unnecessary. There being nothing further to be considered under Good and Welfare, and there being no further communications or other matters of interest for the Planning Commission, Chairman Raffaelli announced that the next regular meeting of the South San Francisco Planning Commission would be held on March 12, 1973 at 8: 00 P.M. in the Council Chambers of City Hall, South San Francisco, California. The meeting was adjourned at 10:14 P.M. Mario Raffaelli, Chairman Planning Commission City of South San Francisco Daniel M. Pass, Secretary Planning Commission City of South San Francisco sna NOTE: Oral presentations, arguments and comments are recorded on tape. The tape is on file in the Office of the City Planner. - 3098