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HomeMy WebLinkAboutMinutes 12/13/1984 December 13, 1984 Regular Meeting of the South San Francisco Planning Comnission :rv.IE1.1BERS PRESENT: Chairman Getz, Vice-Chairman Terry, CorrrI1issioners Grimes, Hoyer, Mantegani, and Martin ALSO PRESENT: Planning Division Staff Philip Gorny Daniel B. Christians Maureen K. Morton Deputy City Manager/CD&A Mark Lewis Deputy City Manager/CE Robert Yee City Attorney Robert Rogers Police Department Ron Petrocchi Building Division Jake Wittwer Ray Laur PLEDGE OF AILEGIANCE APPROVAL OF MINUTES: Motion-Grimes/Second Mantegani: To approve the minutes of the November 29, 1984 Meeting as presented. Unanimously approved by voice vote with Commissioner Hoyer abstaining. CHAIRMAN COMMENTS Chairman Getz stated that he had received a number of telephone calls concerning two items on this Agenda. He considered these telephone calls by applicants and/or their representatives entirely inappropriate. Chairman Getz welcomed a group of high school students present in the audience. AGENDA CHANGES Acting Director Gorny requested that the Comnission add PM-84-223, San Mateo County Harbor District to the Agenda as Items No. 8A. The Comnission concurred. A letter of December 13, 1984 from Macy's California concerning a warehouse sale on January 10, 11, and 12, 1985 was added as an Item from Staff. AGENDA ITEMS (PUBLIC HEARINGS) Philip J. Bernheim, PC-Mod-84-6 Planned Community modification to allow construction of an additon between the existing townhouse and garage at 3606 Bassett Court. December 13, 1984 Staff Report presented. - 1400 - December 13, 1984 AGENDA ITEMS (PUBLIC HEARINGS) (Continued) Applicant Present: Philip J. Bernheim 3606 Bassett Court Applicant's Representative Present: Earl Hardt 405 Grand Avenue Motion-Mantegani/Second Grimes: To approve PC-Mod-84-6 based on findings and subject to all conditions contained in the Staff Report. Unanimously approved. City of South San Francisco, GP-84-27, Negative Declaration No. 471 General Plan Amendment for alternate residential land use designations in the area generally bounded by Orange, Grand, and Spruce Avenues, and Tamarack Lane. December 13, 1984 Staff Report presented. Commissioner Hoyer presented Staff and Commission with an Exhibit entitled "Recap of Units on Miller Avenue between Orange and Spruce Avenues." He indicated he made this survey and discovered many rmltiple-family units on both sides of Miller Avenue. It was his opinion that both sides of Miller Avenue should be designated High Density rather than having the north side of Miller Avenue as low density and the south side Medium Density as recommended by Staff. He stated that du~ to the housing demand which will be created because of projects which will occur on the east side of the freeway, this area would be appropriate for rmltiple-family residences. He stated that he was not opposed to preserving single-family homes and noted that the Historical Preservation Ordinance would preserve those homes designated as having historical significance. Chairman Getz suggested that both sides of Miller Avenue be designated Medium Density Residential. Staff indicated that they had no major planning problems with Chairman Getz's recommendation. ,In response to a Commission question, City Attorney Rogers stated that the City Council had set January 20, 1985 as a study session to consider the Historical Preservation Ordinance. Motion-Hoyer/Second Martin: To approve Negative Declaration No. 471 and to adopt a Resolution recommending that the City Council amend the Land Use Element of the General Plan to Medium Density on both sides of ~1iller Avenue, retain high density residential on the north side of Gr~nd Avenue, and retain Planned Commercial on the west side of Spruce Avenue south of Miller Avenue, in the area generally bounded by Grand, Orange, and Spruce Avenues, and Tamarack Lane. Unanimously approved. Budget Rent-A-Car (Traverse Corporation, Use Permit Modification UP-79-499/Mod 1 Use Perrrdt modification to add truck and van rental to an existing automobile sales facility at 177 South Airport Boulevard in the M-2,Heavy Industrial Zone District. December 13, 1984 Staff Report presented. Applicant's Representative Present: George Avanessian 914 Linden Avenue Mr. Avanessian requested the Commission reconsider Staff's recommendation for denial of this Use Permit modification. He stated that all cars have been removed from this site and the applicant is requesting a modification to rent trucks and vans in lieu of cars. Mr. Avanessian stated that, in his opinion, the use is the same. He indicated that only nine (9) large trucks would be at this location and that there would be December 13, 1984 39 vans. He stated that traffic would be less and that he did not foresee any negative effects. Staff advised the Commission of the lack of consistency with the General Plan. Staff cited Policy 1-11 of the General Plan specifically. In response to a Commission question, City Attorney Rogers stated that if the Planned Commercial classification does not allow truck rental, the Commission cannot allow this use. Associate Planner Morton read the Planned Commercial definition to the Commission. Motion-Terry/Second Mantegani: To deny Use Permit Modification UP-79-499/Mod 1 based on findings contained in the Staff Report. Unanimously approved. The Planning Commission directed Staff to advise the applicant that any use not permitted by Use Permit No. UP-79-499, such as truck rental, shall be terminated within sixty (60) days or abatement proceedings shall commence. The Good Guys (Ares Commercial Properties), UP-83-672/Mod 1 Use Permit modification to site plan, elevations, landscaping, and hours of operation for an existing warehouse with restricted retail sales at 370 Shaw Road. December 13, 1984 Staff Report presented. Chairman Getz advised that he would abstain on this application since he recently made a purchase at the Good Guys and was given a discount. He stated that Vice-Chairman Terry would preside. Acting Planning Director Gorny stated that the FAA had certain regulations about air balloons and Special Condition No.6 to this Staff Report was amended accordingly. Applicant's Attorney Present: Gary Royce 421 Grand Avenue Speaking in Opposition to the Application: James Herlihy 917 7th Avenue San Bruno Dr. Earl Wachter 360 Shaw Road George Mitchell 344 Shaw Road Mr. Royce stated that he had no objection to the revised condition regarding the air balloon. He requested that the Commission allow the Good Guys to hold a sale on the Friday through Monday after Thanksgiving. He indicated that the Friday after Thanks- giving_ was a holiday for the Teamsters. He stated that the majority of deliveries in this area are to the Good Guys and that they would agree to have no deliveries or shipments on the Monday after Thanksgiving. He stated that with personnel from the South San Francisco Police Department directing traffic he foresaw no problem with traffic on the Monday after Thanksgiving. :M."J'. Royce indicated that the applicant's Architect, George Avanessian, was present to answer any Comnsision questions. - 1402 - December 13, 1984 Mr. Herlihy stated that he resided in San Bruno in the closest residence to the Good Guys. He stated that his street was blocked with traffic on both sides. He was concerned that if parking on too site were decreased this situation would worsen. He stated that residents in the area could not use the park due to heavy traffic and that there were approximately 200 houses affected by this traffic. Dr. Wachter stated that his business was open the day after Thanksgiving. He requested a fence be constructed on the Good Guys property to prevent customers from walking on his property and damaging his landscaping. Dr. Wachter was opposed to the Midnight closing time proposed by Staff because of vandalism and destruction of property. Dr. Wachter was also opposed to the Thanksgiving sale. Mr. Mitchell stated that earlier in the week he had been visited by Mr. Merchant and his boss. He stated that trucks were loading and unloading in the street outside businesses owned by him and that the representatives from the Good Guys noted that this type of activity was illegal. They stated that if a mutual agreement could be made regarding their request for Thanksgiving sales, they would overlook the trucks. There was Commission discussion regarding the hours of operation and the Thanksgiving sale. It was the consensus of the Corrmission that there would be no sale on the Monday after Thanksgiving. Sgt. Petrocchi stated that the Police Department could not support any extension of hours of operation into a work day but that the Police Department had no problem with the midnight closing hours reflected in the Staff Report. The consensus of the Commission was that the closing hours be 11 P.M. The Commission also required that a fence be constructed on the C~od Guys property. The following conditions were amended or added as follows: Special Condition No. 4 - Closing for all sales 11 P.M. Special Condition No. 6 - was amended as follows: "6. The promotional, cold air balloon shall be allowed only when below the top of any structure and within 250 feet of it, if operation of the balloon does not obsecure any lighting on the structure in accordance with Federal Avaiation Regulations, Part 101, subparagraph B, Sections 101.11 and 101.13." Special Condition No. 11 was added: "II. A chain link fence is to be installed along the northerly side property line of the Good Guys property subject to approval of City of South San Francisco staff. 'I Motion-Martin/Second Hoyer: To approve Use Permit Modification UP-83-672/Mod 1 based on findings and subject to all conditions, including above amended and added special conditions contained in the Staff Report. AYES: Vice-Chairman Terry, Commissioners Grimes, Hoyer, Mantegani, and Martin. ABSTAINED: Chairman Getz Jagrrohan Kapur (Kenwood Co., Owner), UP-82-635/Mod 1 Use Permit modification for additional hours of operation to include lunch for an existing restaurant at 120 Hazelwood Drive. December 13, 1984 Staff Report presented. Applicant's Representative Present: Ajit Singh 120 Hazelwood Drive - 1403 - December 13, 1984 Commissioner 1mrtin asked Staff if a notice of hearing was sent to adjoining property owners. Acting Director Gorny replied in the affirmative and indicated that Staff had received no response nor any complaints regarding this case. In response to a Commission question, Sgt. Petrocchi indicated that there were no traffic problems. Motion-Grimes/Second Mantegani: To approve Use Permit Modification UP-82-635/Mod 1 based on findings and subject to all conditions contained in the Staff Report. Unanimously approved. Rich Diodati, UP-84-705 Use Permit application to construct a ready-mix concrete facility in conjunction with two (2) adjacent concrete tilt-up office/warehouse structures with related parking and landscaping on the northwest corner of South. Linden Avenue and North Canal Street in the M-l Industrial Zone District. December 13, 1984 Staff Report presented. Applicant Present: Rich Diodati 400 Oyster Point Boulevard Applicant's Consultants Present: Richard Bergner Marketing Manager Richard Illingsworth Charles M. Salter Assoc. Consultants in Acoustics Chris Kinzel, Traffic Engineer TJKM Speaking in Opposition to the Application: William Calegari (For ~IT. & Mrs. F. Calegari, Property owners) 400 Acacia Avenue Lou Tonelli 348 Railroad Avenue Alistair McBain 14 Maple Avenue City's Noise Consultant Present: Dr. Maurice Garbel President, MAG Consultants, Inc. Mr. Diodati's consultant made a slide presentation of the concrete batch plant. Mr. Illingsworth described the purpose of the environmental noise analysis. Mr. KinzIe explained the traffic analysis. Mr. Diodati advised the Commission that he had submitted all required information and received the Staff Report on Friday, December 7, 1984. He stated that he had responded and answered all questions then this evening ~bout 5 minutes before the meeting he received another Staff Report and a memorandum from 1IT. Yee regarding traffic. He stated that this was unfair. - 1404 - December 13, 1984 Chairman Getz indicated that Mr. Diodati's point was well taken and that he shared his concern. He stated that he had every right for the matter to be continued. M:r. Diodati indicated that this five acre site was, in his opinion, a planned development with concrete tilt-up buildings along the side. He stated that an area served by railroad is needed. He disagreed with Staff that this was not a planned development. He indicated that the 14 homes across the street would be shielded as trees and shrubs will hide the concrete facility. He indicated that the hours of operation would be from 7 A.M. to 2 P~M. with the bulk of the work being done between 7 A.M. - 12 Noon. He stated that the P.M. loads would be light. In response to a Commission question, Senior Planner Christians indicated that the northern part of Lindenville is a Planned Industrial designation. Mr. Diodati questioned the Environmental Impact Report recommended by Staff. He stated that he felt an EIR was not required and asked for a mitigated Negative Declaration. In response to Mr. Yee's memorandum about dirt, rocks, and dust on the streets, Mr. Diodati indicated that the entire site would be paved and that the cement would be mixed into a hopper which would result in all dust being trapped in the cabin. He stated that the Germans have perfected this system. Mr. Calegari spoke on behalf of his parents, Mr. & Mrs. F. Calegari, property owners in the area. He stated that he agreed with the Staff Report which recommended denial of this proje,ct. He indicated that, in his opinion, with 3 large redevelopment projects being proposed in South San Francisco, a batch plant in the center of town was in- appropriate. 1rr. Tonelli stated that he had lived in the area for 32 years. He stated that there had been a cement plant on Railroad and Spruce Avenue and that the noise, and truck traffic was unbelievable. He referred to the Bay City cement company in Daly City and stated that Eucalyptus trees will not grow around lime. He felt it was improper to screen this facility with trees. He stated that there were more than 14 houses near this project site as indicated by Mr. Diodati. His parents own 12 apartments and he is willing to go door to door for petitions against this facility, if necessary. Mr. McBain stated that the facility looked beautiful but that he opposed it because of noise and dust. He stated that trucks will need mechanical work and asked if this work would be done on site. Mr. Diodati indicated no. Mr. McBain stated that with trucks coming and going every 3 minutes the noise would go on and on. He also said that he felt the dust would enter into homes and questioned what the value of his home would be if it were full of dust. Chairman Getz disclosed that he had two conversations on this application. He stated that former Commissioner Bertucelli called him and urged him to support the use and that Mark Wheeler of Mr. Diodati's Staff called and asked if he would be interested in talking with him. Commissioners Mantegani and Grimes stated that they had received the same calls. Dr. Garbel advised the Commission of his credentials. He stated that he had prepared the Noise Element of the General Plan for the City of South San Francisco. He said that he had been requested by the City 1funager to review this project. He inspected the site and read the German test report. He stated that the Germans had taken the noise measuremeni at a site in Stutgart and that his calculations indicated a noise of more than 55 decibels. Dr. Garbel advised the Commission that he differed with every procedure used in the report. He had a problem with the assumption about the noise levels on residences on Railroad Avenue. He indicated that he had contacted 1rr. Bergner of Stuart Gross in North Carolina but needed to speak with the Germans to find how the measurements were made. He stated that he could do this by telex or telephone. - 1405 - December 13, 1984 Mr. Lewis advised the Comnission that it was the collective professional oplnlon of the Staff that this use would be detrimental to the surrounding neighborhood and that it is not consistent with Policy 50 of the General Plan. The Commission discussed Policy 50. It was the consensus of Staff that the Policy states that a CNEL of 55 or over is unacceptable. The CNEL would need to be 54 or lower. In response to a Commission question, City Attorney Rogers indicated that the Commission decision should be one based on fact since a CNEL of 55 or higher is not consistent with the General Plan. Chairman Getz stated that M..r. Diodati's projects have been an asset to the City. He further stated that the issue here is this particular use at this site. He stated that there were major problems. He said that the issue of 55 CNEL finding would be close but that noise is an intrusion on life. He also spoke of the traffic issues. He said that he would give the applicant the benefit of doubt about dust as new techniques would probably eliminate the dust. He stated that he had problems with the use and the visual aspects and indicated that people who live there care about their neighborhood. He said that the neighborhood should be protected. Commissioner Hoyer stated that he was sympathetic to the applicant and that the applicant needs the railroad spur for this project. He stated that the applicant has made an honest attempt to shield this facility from Railroad Avenue. He said that he visited the site and it was a junk yard and that the Commission had an option to have the site remain as is or to have some improvement. Commissioner Martin asked about the value of the build out. W..r. Diodati responded that the value was in excess of 4t million dollars. In response to a further question, Mr. Diodati stated that about 18 - 20 jobs would be generated in the batch plant and that these were $40,000 per year jobs. Commissioner Martin asked Staff how much money would go into the general fund if the projec. were approved. Senior Planner Christians responded that a portion of the property tax calculated at 1% of the appraised value would go into the general fund. Commissioner Martin indicated that this site was a pig pen. lIe noted cars double parked and was astounded by the noise level. He stated that he was not concerned about the batch plant and indicated that Mr. Diodati did an outstanding job at Oyster Point. He stated that, in his opinion, these 4t acres would be cleaned up and that a trade-off should be made to approve this 4t million dollar. project. He said that General Plan policies are guidelines. However, he indicated that he would like to see the buildings placed in a different configuration. He called for a Mitigated Negative Declaration. He stated that he was not prepared to deny this project. Vice-Chairman Terry stated that he didn't fault a concrete facility in itself. He felt that the noise data should be updated. Commissioner Mantegani stated that he would request up-to-date information. Mr. Lewis wished to discuss the General Plan Policy consistency issue and what is required for an EIR. Commissioenr Hoyer responded that the Commission knew when an EIR was required and that the policy is general in nature. City Attorney Rogers advised the Commission that the use must conform to the policy as written. - 1406 - December 13, 1984 In response to Commissioner Mantegani's question, Dr. Garbel indicated that he needed further information to settle the noise issue. Commissioner Martin indicated that the Commission had deviated in the past and asked the City Attorney if a deviation could be made with regard to Policy 50. Mr. Rogers stated that the Commission could recommend an amendment to the City Council. Certain Commissioners requested a straw vote. Mr. Diodati, in response to an earlier Staff statement, stated that his Company would also pay considerable sales tax on gravel. The Commission asked Thtt. Diodati if he would be willing to have this case continued for additional information on noise levels. ~tt. Lewis raised the issue of the cost of gathering additional information. 1tt. Diodati stated that he felt the plant would be below 55 CNEL and requested that a vote be taken on the issue of site suitability. He also requested a Negative Declaration. He stated that if the noise level was not below 55 CNEL he would drop the project. The Commissioners responded as follows: Chairman Getz - Use not good at this site; Commissioner Martin - M-l area - suitable location; Vice-Chairman Terry - Abstain until more data available; Commissioner Mantegani - Acceptable if mitigation occurs. Recommend a scoped EIR to address traffic, noise, Policy 50, dust and visual impact. City Attorney Rogers advised the Commission that the case could not be continued to a January meeting if a scoped EIR was being requested and if CEOA procedure was to be followed. 1rr. Diodati requested that the case be continued to January 10, 1985 so that Staff and his consultants could reach a decision on the noise issue. He again requested approval of a Mitigated Negative Declaration and stated the he did not wish an EIR. City Attorney Rogers advised the Commission that if there is substantial evidence of potentially adverse impacts, the Commission is required to order an EIR. Motion-Mantegani/Second Martin: To deny UP~84-705. AYES: Chairman Getz, Commissioner Man tegani. NOES: Vice-Chairman Terry, Commissioners Grimes, Hoyer, and Martin. The above vote failed to pass. Motion-Getz/Second Mantegani: To continue UP-84-705 off-calendar for a scoped EIR. AYES: Chairman Getz, Vice-Chairman Terry, Commissioners Grimes, Hoyer, 11antegani, and Martin. Genentech, UP-84-682/Mod 1 Use Permit modification to construct a 20,000 square foot addition to an existing laboratory/office building at 451 Point San Bruno Boulevard in the M-2, Industrial Zone District. December 13, 1984 Staff Report presented. Applicant's representatives present: Andy Skibo Mike Edwards Genentech - 1407 - December 13, 1984 The applicants indicated thatT. N. Taube was the original owner of the properties for the previous Use Permit but was no longer involved in this modification. This information was noted for the record. Mr. Skibo also asked that the remote lot lighting required prior to issuance of the building permit, as required in the Police Department memorandum be changed to March 15, 1985 when construction is to be completed. Sgt. Petrocchi agreed to this change. Motion-Hoyer/Second Mantegani: To approve UP-84-682/Mod 1 based on findings and subject to all conditions contained in the Staff Report. Unanimously approved. Joseph Welch, UP-84-704, Negative Declaration No. 472 Use Permit to construct three commercial/industrial buildings and renovate two existing buildings with related parking and landscaping at 120 South Linden Avenue in the M-l, Light Industrial Zone District. December 13, 1984 Staff Report presented. Applicant's Architect Present: Michael O'Brien Architect Motion-Grimes/Second Mantegani: To approve UP-84-704 and Negative Declaration No. 472 based on findings and subject to all conditions contained in the Staff Report. Unanimously approved. San Mateo County Harbor District (City of South San Francisco) PM-84-223 Tentative Parcel Map to define lease parcels created and to define existing and proposed easements for the Oyster Point Marina, located southeasterly of the eastern terminus of Oyster Point Boulevard, along San Francisco Bay. December 13, 1984 Staff Report presented. Motion-Mantegani/Second Martin: To approve PM-84-223 based on findings and subject to all conditions contained in the Staff Report. Unanimously approved. Items from Staff A letter of December 13, 1984 from ~~cy's California was presented to the Commission. Macy's advised that in accordance with the conditions of Use Perrrdt UP-78-432, they would conduct a major warehouse and tent sale on January 10, 11, and 12, 1985. Vice-Chairman Terry noted that this lot was filling with trucks. The City Attorney provided a report to the Commission with regard to acceptance of the Syufy Theatre passes. He indicated that the Commissioners should read the opinion. Staff indicated that the City has hired Paul Sedway & Associates for preparation of the new Zoning Ordinance. Items from the Commission Motion-Mantegani/Second Terry: To cancel the Planning Commission meeting of December 27, 1984. Unanimously approved by voice vote. Adjournment: 1 A. M. I'/") /i f ./ li ,. ~. t., ! / I' , , _~ i:;~1~C(lQ/ j "~ l-~lA/{ if rlelZ~ Philip C50rny, Act:i&fg Secretary Planning Commission Citv of South San Francisco Char les W. Getz, IV, Chairman Planning Commission Citv of South San Francisco