HomeMy WebLinkAboutMinutes 02/09/1989
(Cassette NO.1)
February 9, 1989 regular meeting of the South San Francisco Planning
commission
CALL TO ORDER: 7:30 p.m.
MEMBERS PRESENT: Chairman Zellmer, Commissioners Boblitt,
Matteucci, Terry, and Wendler.
ABSENT: Vice-Chairman Mantegani and Commissioner Warren.
ALSO PRESENT:
Planning Division
Fire Department
Building Division
Jean T. smith
Maureen K. Morton
Dan Christians
Robert Ewing
James Datzman
Ron Petrocchi
Dave Parenti
Jake wittwer
Deputy City Attorney
Police Department
CHAIRMAN COMMENTS
APPROVAL OF MINUTES of January 12, 1989.
Motion-Terry/Second Boblitt: To approve the minutes of January 12,
1989 as presented. Approved by voice vote. ABSTAIN: Commissioner
Matteucci.
ORAL COMMUNICATIONS
CONTINUED PUBLIC HEARINGS
John W. Bacon, 1113 Airport Boulevard, UP-88-847, Neqative
Declaration No. 650
Use permit to allow construction of a 3-story, 24-room motel plus
manager's unit with related parking, landscaping, and sign program.
continued from January 12, 1989.
Commissioner Matteucci stated he would not be participating in the
discussion since he was absent from the January 12th meeting.
February 9, 1989 staff report presented.
Applicant's representative:
Louis Dell'Angela
400 Oyster Point Boulevard
Mr. Dell'Angela asked the Commission to approve the project subject
to the conditions but with 24 motel rooms and a manager's unit. He
read a letter (attached) from Mr. Bacon, which stated that if the
project was approved with 22 units it would not be financially
feasible to build, and the project would be abandoned. Mr.
Dell'Angela stressed that the area is in need of revitalization and
the applicant has made every attempt to meet the City's requirements.
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CONTINUED PUBLIC HEARINGS
Although the Commission appreciated the design changes Mr. Avanessian
has made, it supported staff's recommendation to remove two units,
thereby having a less massive frontage. The Commission further
stated that if a 22 unit motel wasn't feasible the applicant would
need to convince the Commission by submitting supporting documents.
Chairman Zellmer asked if the applicant would agree to a continuance.
Mr. Dell'Angela responded that Mr. Bacon wanted a decision on the
design at tonight's meeting.
Motion-Terry/Second Wendler: To approve Negative Declaration No. 650
and UP-88-847 subject to the elevations dated November 4, 1988,
requiring removal of two units, and the site plan dated January 24,
1989, subject to the conditions and based on the findings contained
in the staff report. AYES: Chairman Zellmer, Commissioners Boblitt,
Terry and Wendler. ABSTAIN: Commissioner Matteucci.
James Elmore, DR-S-88-297, UP-88-820, 1051 Airport Boulevard
Review of Type "B" Sign Permit application of James Elmore in
accordance with Special Condition No. 8 of Use Permit UP-88-820 and
review of timeframe for compliance of Special Conditions of Approval
for UP-88-820. Continued from December 8, 1988.
Staff requested a continuance to the March 9, 1989 Planning
commission meeting in order that a proper legal advertisement can be
published.
Motion-Boblitt/Second Matteucci: To continue DR-S-88-297 and UP-88-
820 to the March 9, 1989 Planning commission meeting. Unanimously
approved by voice vote.
city of South San Francisco, ZA-88-47
Zoning Amendment of the city of South San Francisco to amend Title 20
of the South San Francisco Municipal Code to correct inconsistencies
and errors which have become evident since its adoption and to make
it consistent with provisions of State law. continued from January
12, 1989.
February 9, 1989 staff report presented.
After discussing item No. 17 (new section 20.11.060[g]) the
Commission agreed to the following change:
"(g) The facility shall not be located within ~ 500 feet of
any other licensed large family day care home. Exceptions
to this limitation may be granted with a use permit."
Motion-Wendler/Second Boblitt: To adopt the resolution recommending
that the City Council approve ZA-89-47 to correct the Zoning
Ordinance, Title 20 of the South San Francisco Municipal Code,
including modification to section 20.11.060(g). Unanimously approved
by roll call vote.
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PUBLIC HEARINGS
Inn Development, Inc., PM-89-262, 425 Marina Boulevard
Tentative Parcel Map to divide a 4 acre parcel into two parcels for
financing purposes in the Oyster Point Marina Specific Plan District.
Motion-Boblitt/Second Matteucci: To approve PM-89-262 based on the
findings and subject to the conditions contained in the staff report.
Unanimously approved by roll call vote.
Genentech, Inc., UP-85-734/Mod 2, Neqative Declaration No. 652, 1400
Grandview Drive
Use Permit Modification to allow installation of a portable storage
building for toxic materials at the southerly corner of the Buena
vista Business Park.
Staff requested that UP-85-734/Mod 2 be continued to the March 9,
1989 meeting in order that Genentech address the concerns raised by
California Water Service with regard to the location of its easement.
Motion-Terry/Second Wendler: To continue UP-85-734/Mod 2 to the
March 9, 1989 Planning Commission meeting. Unanimously approved by
roll call vote.
city of South San Francisco, ZA-89-48, Neqative Declaration No. 653
Zoning Amendment of the City of South San Francisco to amend Chapter
20.11 of Title 20 of the South San Francisco Municipal Code regarding
trucks associated with home occupations and limiting auto repair on
residential premises.
February 9, 1989 staff report presented.
Speaking in favor of the amendment:
Wallace Pettigrew
408 Briarwood Drive
Mr. Pettigrew supported the amendment stating that it would give code
enforcement the legal means they need to cite violators.
The Commission agreed that the amendment was reasonable and would
benefit the community. It also stressed that the amendment was not
aimed at citizens who preferred to do their own auto maintenance.
Chairman Zellmer stated he still had concerns regarding subsection b)
being too restrictive.
Motion-Matteucci/Second Wendler: To approve Negative Declaration No.
653 and adopt the resolution recommending that the City Council adopt
ZA-89-48. Unanimously approved by roll call vote.
city of South San Francisco, GP-89-35, Neqative Declaration No. 654
General Plan Amendment to consolidate and update policies regarding
Downtown South San Francisco.
February 9, 1989 staff report presented.
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PUBLIC HEARINGS - continued
Speaking with concern:
Louis Dell'Angela
400 Oyster Point Boulevard
George Bugnatto
216 Juniper Avenue
George Starmer
851 Olive Avenue
Mr. Dell'Angela asked for clarification on the following recommended
policy changes: 2-5, 2-10, 2-11, 2-12, 2-14, 2-18, 2-39, 2-45, and
2-46. He suggested the Commission consider these changes before
recommending approval to the city Council.
Sergeant Petrocchi requested that the wording "loading and delivery
zones" be incorporated into section on "Planning Issues" and Police
2-15.
Senior Planner Christians responded to each of the questions raised
by Mr. Dell 'Angela.
(Cassette No.2)
with regard to Policy 2-45, Mr. Bugnatto briefly commented on the
density and blight problems in the Irishtown area. He felt that in
some instances the Commission should grant density variances. Each
case, or lot, needed to be looked at individually.
Commissioner Wendler asked that Policy 2-45 be deferred to a meeting
when residents of Irishtown can be notified of a hearing to discuss
the implications of this policy. Staff suggested the wo~ding be
temporarily modified to reflect these concerns until it can be
considered further.
Mr. Starmer stated that when he bought his property it was zoned R~3
and is now zoned R-2. The homeowners association supported the zone
change because it prevented apartments from being built, but because
of the density criteria property owners are not building and the
blighted areas still remain.
After considering the speakers' concerns, Mr. Christians responses,
and the Commission's own concerns, the following modifications were
agreed upon:
Policy 2-6
"Financial institution" substituted for "bank".
Policy 2-18
...100/200 blocks of Grand Avenue or cypress
Avenue...
Policy 2-39
Current boarding rooms...No further boarding
rooms shall be allowed in the Downtown.
Policy 2-40
"Dwellings" substituted for "buildings".
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PUBLIC HEARINGS - continued
Policy 2-45
...should be amondod studied for consideration of
possible change from Medium Density Residential
...residents chould shall be obtained before this
could occur.
Motion-Boblitt/Second Wendler: To approve Negative Declaration No.
654 and adopt the resolution recommending that the City Council
approve GP-89-35 to consolidate and update downtown policies of the
General Plan. Approved by the following roll call vote: AYES:
Chairman Zellmer, Commissioners Boblitt, Terry and Wendler. ABSTAIN:
Commissioner Matteucci.
OTHER ITEMS
Review of and comments on the Draft Environmental Impact Report for
the Downtown/Central Redevelopment Project.
No comments were received from the Commission. Staff reminded the
Commission that the comment period ends on February 24 and comments
will then be forwarded to the consultant.
Review and interpretation of General Plan Policy No. 47 reqardinq
cardrooms.
Chairman Zellmer reminded those present that this was not a public
hearing item.
February 9, 1989 staff reported presented.
Sergeant Petrocchi commented on the Police Department's concerns and
the City Attorney's interpretation of Policy No. 47.
Chief Datzman presented background on the cardroom ordinance, dating
back to the mid-1970's and its adoption in 1985.
Speakers:
Dan Modena, Esq.
421 Grand Avenue
Evelyn Martin
534 Commercial Avenue
Jake Jones
12 El Campo Drive
Jack Stuart
910 Linden Avenue
George Bugnatto
216 Juniper Avenue
Philip Bernheim
2606 Bassett Court
Charles Theiss
2601 Donegal Drive
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OTHER ITEMS - continued
Joe Valcazar
721 Spruce Avenue
George Starmer
851 Olive Avenue
Mr. Modena, representing the owners of Weltes and Five Brothers,
stated that in 1983, when Policy 47 was adopted, the hours of
operation were not a concern because other cardrooms also closed at
2:00 a.m. He stated that competition from the 24-hour cardrooms in
San Bruno and other nearby communities, have attracted card players
away from South San Francisco.
Ms Martin felt that the Pascos should be allowed the opportunity to
expand because of their honorable reputation and charitable
attributes.
Mr. Jones, whose family has resided in South San Francisco since
1902, spoke highly of the Pasco brothers, their cardroom operations
and their generosity in the community.
Mr. Stuart speaking in opposition to cardrooms in general, stated
that it is not the City's responsibility to compete with towns that
allow 24-hour operations.
Mr. Bugnatto, representing the Historic Old Town Homeowners and
Renters Association, submitted an information sheet to the Commission
stating the Association's concerns. He asked the Commission to deny
an expansion because the use is a detriment to the community.
Mr. Bernheim felt that the cardrooms should be allowed to operate on
a 24-hour basis since this is the trend of many businesses.
Mr. Theiss felt that a 24-hour use can be justified when other
businesses in the vicinity have the same hours of operation. He
pointed out that in this instance there is no justification.
Mr. Valcazar, stating that he is a card player, acknowledged that
because of the 2:00 a.m. closing many card players no longer play in
South San Francisco.
Mr. Starmer, opposing an expansion, felt a burden would be put on the
Police Department because of added costs to patrol.
Chief Datzman reminded the Commission that the City has taken a
position of phasing out cardrooms and that an expansion of the use is
considered a conscious movement toward casinos.
The Commission discussed with Chief Datzman and Sergeant Petrocchi
the type of security used by the owners, patrol demands, and related
crime problems.
(Cassette No.3)
commissioner Wendler stated that she received a few telephone calls
regarding this issue. She read dialogue from the April 13, 1983 and
February 13, 1985 City Council meetings, as follows:
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OTHER ITEMS - continued
(2/13/85 City Council meeting, Agenda Item 34 - Introduction of
cardroom ordinance, discussion between Chief James Datzman and
Councilman Midge Damonte.)
JD: ...since the study session there was a meeting with both
card room owners and we went through the ordinance in
detail....there was very little change, the existing
ordinance met with their full satisfaction and you can
confirm this with both attorneys from both establishments."
MD: You say this was confirmed by both parties?
JD: ...it was reconfirmed as late as today.
(End of dialogue, ordinance was introduced.)
(4/13/83 City Council meeting, discussion between Mayor Teglia and
Mr. Dan Modena)
RT: ....Dan, would you require, for example, additional
tables or an expansion of your card room activities?
DM: We're not--we haven't addressed that. No, we wouldn't.
....I've also suggested we have 10 or 12 tables and we will
live by it. But we want the same opportunity to pass the
business on to our children...
(Discussion between Mayor Teglia and James C. Tevini, Esq.)
RT: ...so what you're saying is that your client is not
interested in expanding his facility that he wants to have
the right to continue operating and have.....
JT: No, I didn't say that....
RT: ...Or expand? Expanded in the area or in the number of
tables operated?
JT: ...I'm just saying that we might be contented to stay
the way we are...
The Commission discussed its position and agreed that Policy 47
clearly states that the cardrooms "should not be allowed to expand in
the number of tables operated". The Commission concluded by agreeing
that an increase in hours can be interpreted as an expansion.
Motion-Boblitt/Second Terry: That the two existing cardrooms can
continue to operate in the same manner they have for years, but there
can be no increase in the number of tables, square footage, hours or
any other aspect of their current operations which would change the
basic nature, intensity or Impact of these existing facilities.
Unanimously approved by roll call vote.
commissioner Boblitt suggested that Policy 47 be amended to
specifically include operating hours, which would prevent future
misinterpretations.
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ITEMS FROM STAFF
Director smith informed the Commission that the League of California
cities Institute conference is scheduled for April 5-7, 1989.
ITEMS FROM THE COMMISSION
Chairman Zellmer asked the Commissioners to review the study session
time schedule (previously distributed) and that it can be discussed
at the next meeting.
commissioner Terry asked that staff report back to the Commission the
number of instances a member of the Design Review Board has abstained
from participating on an item because of a conflict.
ITEMS FROM THE PUBLIC
Mr. Louis Dell'Angela commented that it has been his perception that
when a Design Review Board member designs a project it is approved
with little difficulty by that body.
The Commission asked that the Deputy City Attorney meet with the
Design Review Board to discuss their roll as members of that body.
ADJOURNMENT
Chairman Zellmer adjourned the meeting at 11
7:30 p.m.
o February 23,
\~
~ an T. Smith, Secretary
lanning commission
City of South San Francisco
mer, Chairman
Planning Commission
City of South San Francisco
AZ:JTS:sp
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