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HomeMy WebLinkAbout09.21.95 Minutes MINUTES SOUTH SAN FRANCISCO PLANNING COMMISSION September 21, 1995 CALL TO ORDER: 7:30 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman Lucchesi, Vice-Chairman Warren, Commissioners Masuda, Barnett, DeZordo, and Padreddii MEMBERS ABSENT: Commissioner Romero ALSO PRESENT: Planning Division Steve Solomon Steve Carlson Larry Kasparowitz Larrisa Seto None Richard Harmon Ron Petrocchi City Attorney, Assist. Building Division Engineering Division Police Department CHAIRMAN COMMENTS APPROVAL OF MINUTES of April 20 and May 18, 1995. Motion-Warren/Second-Barnett: To approve the April 20, 1995 minutes as presented. They were unanimously approved by voice vote. Motion-DeZordo/Second-Padreddii: To approve the May 18, 1995 minutes as presented. They were unanimously approved by voice vote. ABSTAINED: Vice-Chairman Warren CONSENT CALENDAR - AGENDA ITEMS 740 Del Monte Ave., Alta Lorna Pre-School (Grace Covenant Church, owner): UP-95-996 Use Permit to allow a pre-school accommodating up to 36 children in accordance to the provisions of SSFMC Section 20. 16.030(b). Chief Planner Solomon noted the UP-95-996 Alta Loma Pre-School was continued from March 16, 1995 and applicant asks that it be continued to the October 19, 1995. Commissioner DeZordo asked what was happening with moving the playground and the noise study. Senior Planner Carlson explained the status of the application and acoustic report. The Commission briefly discussed the possible solutions and voiced their concern that study be objective. Motion-Warren/Second-Barnett: To continue UP-95-996 to meeting of October 19, 1995, it was unanimously approved by voice vote. The Applicant, Mr. Kaplan, wished to speak, therefore, Vice-Chairman Warren rescinded her motion and Chairman Lucchesi opened the public hearing. Mr. Kaplan, he understood he was scheduled to give a status report on the parking, and stated he has been unsuccessful with School District to resolve his request of off-site parking at the El Rancho School site and plans to have the information by the 19th of October. Chairman Lucchesi closed the public hearing. Again Motion-Warren/Second-Barnett: To continue UP-95-996 to meeting of October 19, 1995, it was unanimously approved by voice vote. PUBLIC HEARING - AGENDA ITEMS 587 EI Camino Real, McDonald's Playland (Charles, Louis & Emilio Petrocchi, owners): UP-95-990 Chairman Lucchesi stepped down from the dais. Vice Chairman Warren presented item and opened the public hearing. Use Permit to construct an enclosed playland at an existing McDonald's restaurant in accordance with the provisions of SSFMC Section 20.91.020 and 20.22.040(c). Interim Planner Kasparowitz presented staff report. Applicant's representative: Charles Doerr 611 Veterans Blvd. Ste. 217 Redwood City, CA Presented a preview rendering of the addition to help visualize the concept of the project. He noted that project manager from McDonald's was present should there be any questions. Vice- Chairman Warren asked the applicant if there were changes to entrance design. He responded minor changes to the building including entrance. Commissioner Barnett concerned with the closeness of the El Camino traffic with the play area of the building. Interim Planner Kasparowits noted the distance from the edge of the curb is approximately 24 to 22 feet. No other comments from the public Vice-Chairman Warren closed the public hearing. Interim Planner Kasparowitz suggested hearing from Engineering and Police Departments, if the Commission felt this is an issue, mitigation measures could be reviewed. Sgt. Petrocchi reported Page 2 of 6 Pages PC Meeting of 9/21/95 there was 1 accident at the intersection of Ponderosa & EI Camino; but nothing that he had concerns about and no accidents along EI Camino where vehicles hit buildings. Chief Planner Solomon reported that Commissioner Romero had two concerns: 1) play structure is preferred at the side or rear of building; and 2) drawings show a new exit at the south end of the building immediately adjacent to drive-thru lane; a wall or barrier is needed to prevent pedestrians from walking into traffic lane. Commission discussed their concerns on pedestrian flow and added a condition to that effect on the barrier. Applicant noted that the masonry retaining wall across the front of the building will be 2 to 3 feet high. Commissioner DeZordo was satisfied with masonry wall as a safety precaution. Applicant noted that McDonald's places a barrier between traffic lane and pedestrian walkways. Discussion continued that the keystone masonry wall may need planting to soften the wall, applicant agreed to planting. The Commission asked that planting on keystone masonry wall become a condition. Chief Planner Solomon noted as mentioned by applicant and Sgt. Petrocchi that the rear door is an alarm door and described the built-in safety mechanism on this type of door. The Commission asked that the safety alarm door be part of the conditions. Motion-Masuda/Second-Padreddii: To approve UP-95-990 based on the findings contained in the staff report and subject to the following revised conditions of approval including Design Review Board recommendations. 7. Provide trailing shrubs at the top of the "Keystone" retaining wall. 8. Add a protective railing between the southern door to the addition and the driveway. 9. Provide twenty second delay mechanisms at the exit doors of the addition. It was unanimously approved by voice vote. Chairman Lucchesi returned to the dais. 3906 Savannah Court, Rodolfo & Lourdes Julao (owners and applicant): PUD-95-46 Modification of a Planned Unit Development to legalize an existing enclosed patio cover within the required rear setbacks in accordance with the provisions of SSFMC Chapter 20.82, Section 20.71.030 . Vice-Chairman Warren noted that staff report and agenda have conflicting numbers? Case No. PUD-95-324 on Staff Report corrected to PUD-95-46 as noted on Agenda. Chairman Lucchesi opened the public hearing. Page 3 of 6 Pages PC Meeting of 9/21/95 Interim Planner Kasparowitz presented the staff report. Applicant: Mr. Julao discussed the findings for denial stating that there was no Rodolfo Julao useable private open space in front of his unit. He said that certain 3906 Savannah Ct., SSF units did have detached garages and there is an open space there of 9'-6" X 25', where they could entertain guests and not be seen from the street. He noted there is a common green area behind his home for which he paid $700 a year maintenance fees and what they have constructed does not protrude beyond the fence. He noted that building this patio allowed for covered recreational space and that Police and Fire had no concerns. He invited the Commission to see the structure for themselves. Vice-Chairman Warren noted that in past discussions regarding the description of enclosed patios were more of a glass/plexiglass, greenhouse type of enclosure, allowing for recreational use with some type of weather protection; not sheetrock walls and windows which resembles more of a room addition. She further stated that the Commission felt very strongly about useable open space being a critical need particularly within PUD' s. She concluded that, though it may not have been the intent of the applicant, her perception is that this was a room addition and not a patio enclosure. Commissioner DeZordo was concerned about the usage of the patio. Interim Planner Kasparowitz stated that the applicant's letter stated it was being used as a recreation room. Vice-Chairman Warren asked if it could be used as a bedroom as it is constructed and if it was 65 % glazing? Interim Planner Kasparowitz answered that he assumed it could; and explained that the Code Enforcement Officer and former Planner Padovan talked to Mr. Julao who was willing to reconstruct the patio enclosure and meet the building code requirements by having 65 % of covering be removable glazing. Currently, it is wood frame structure with fixed glass. The applicant stated that when he built the structure, his original intent was an enclosed patio and he consulted staff to inquire about the requirements. Mr. Padovan showed him the criteria and specifications and drawings were done to comply with those requirements. Mr. Kasparowitz noted that it would have to be reconstructed to meet those requirements. He reported that City staff's first advise was to meet the patio enclosure requirements, unfortunately that would need a 10' rear setback. Staff advised that the applicant would have to apply for a Variance. Staff's concern was that this was a modification to the Planned Unit Development which set rear yard standards rather than a variance. Chairman Lucchesi asked if this is a change to the whole PUD development, to which Mr. Kasparowitz answered that it could be so interpreted, but that question could be referred to the City Attorney. Mr. Julao advised that he looked for similar units in his development and found 5 units. Chief Planner Solomon clarified what had been built does not comply with the UBC definition of a patio enclosure; in order to comply the applicant would have to remove portions of it, increase the width of the amount of glass, change the way it is hung on the walls so that they can be removed, and move one wall from side property line. Page 4 of 6 Pages PC Meeting of 9/21/95 Assistant City Attorney Seto advised that the City has historically interpreted changes to a PUD permit such as this as a universal application theoretically allowing other units situated with the development to also be able to carry out the same type of modification. Other cities have interpreted such a modification to a PUD as affecting only the one applicant. In answer to Vice-Chairman Warren's question regarding other enclosed patios or illegal modifications in that area, Mr. Kasparowitz explained that the 4 or 5 addresses provided by Mr. Julao were different kinds of modifications. He looked within two blocks of this unit and did not see similar rear patio additions. This complaint was called in anonymously. Vice-Chairman Warren was concerned about the length of time this issue has taken. Assistant City Attorney Seto explained the process and said it could take up to 2 years. Vice-Chairman Warren asked that in the future, cases be presented with a chronological history and that the Code Enforcement Officer be present when such items are on the agenda. Chief Planner Solomon did state that Mr. Julao has been very responsive since he had been contacted by the City. He asked Mr. Julao if he was aware he needed a building permit. Mr. Julao said he was not aware of the Municipal Code requirements; and that family members had done the plans and construction of the patio. Mrs. Julao said that they had spoken with the Homeowner's Association about the patio. They (the Julaos) honestly did not know they needed a building permit for just a patio. Vice-Chairman Warren asked that Code Enforcement look at the addresses submitted by the applicant as soon as possible. The Commission then discussed the PUD process. If PUD homeowner associations wanted to change their restrictions they could bring before the Commission and City Council for approval. Motion-Warren/Second-Masuda: That PUD-95-46 be denied based on the findings contained in the staff report. It was unanimously denied by the following roll call vote: A YES: Chairman Lucchesi, Vice-Chairman Warren, Commissioners DeZordo, Padreddii, Barnett and Masuda. ABSENT: Commissioner Romero. The Commission discussed their concern in setting a precedence; changing the density of the units. Commissioner Padreddii asked about the Homeowner's Association. Staff advised that they did attempt to notify them. ADMINISTRATIVE BUSINESS 2211 Gellert Blvd., Ling Nam Noodle House (Manton Wong, owner; Antonio Lim, applicant): UP-93-939/Mod.l Setting meeting date to consider revocation of a Use Permit Modification in accordance with Page 5 of 6 Pages PC Meeting of 9/21/95 SSFMC Section 20.91.030. Interim Planner Kasparowitz presented the staff report. Motion-Warren/Second-Barnett: Motion to set October 19, 1995 as the date for the evidentiary hearing to consider revocation of UP-93-939/Mod 1. It was unanimously approved by voice vote. 451 Pt. San Bruno Blvd., Genentech Spine Project (Peter Yee, applicant) Appointment of AdHoc Committee to review the Genentech spine design. Senior Planner Carlson presented staff report. Commussioner Masuda and Barnett volunteered to be in the AdHoc Committee; Chairman Lucchesi stated he would like Commissioner ROlnero to be on it, but he would be an alternate if Romero is not available. Committee agreed to meet the week of September 25th. Senior Planner Carlson noted that Abandonment of Kaufmann Court would be coming before the Commission on October 5th. Chief Planner Solomon stated that Commissioner Romero did want to have one meeting at the Genentech site. Items from Staff: Chief Planner Solomon reminder of Joint City Council/Planning Commission meeting scheduled for October 3rd, at 7:00 PM. Also gave an update on BART. Items from Commission: Commissioner Masuda had concerns of location of a payphone booth, staff will notify phone company. Items from the Public: None Motion-Warren/Second-Masuda: To adjourn the meeting to October 5, 1995. It was unanimously appr ved by voice vote. Chairman Lucchesi adjourned the meeting at 11 :00 P.M. Stev olomon, Secretary Planning Commission City of South San Francisco Jo JL:SS:rp Page 6 of 6 Pages PC Meeting of 9/21/95