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HomeMy WebLinkAbout06.03.93 Minutes MINUTES SOUTH SAN FRANCISCO PLANNING COMMISSION Regular Meeting of June 3, 1993 CALL TO ORDER: 7:30 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman Warren, Vice-Chairman Mantegani, Commissioners Lucchesi, Padreddii and Zellmer. MEMBERS ABSENT: Commissioner DeZordo (arrived at 7:32 P.M.) ALSO PRESENT: Planning Division Steve Solomon CHAIRMAN COMMENTS ORAL COMMUNICATIONS AGENDAITEMS-CONSENTITEM Chief Planner Solomon requested that item #1, regarding the Resolution recommending that the City Council adopt the Redevelopment Plan for the EI Camino Corridor, be taken off the consent calendar. Resolution recommending that the City Council adopt the Redevelopment Plan for the EI Camino Corridor. Chief Planner Solomon explained that the map attached to the Redevelopment Plan (previously presented to the Planning Commission on May 6, 1993) was incorrect. A new Exhibit "C" was distributed dated June 3, 1993. The General Plan Amendment which was adopted makes the Redevelopment Plan consistent with the General Plan. Staff recommends that you approve this revised Exhibit "C" to the Redeveloplnent Plan. Chief Planner Solomon explained that this map was more accurate as far as what is delineated. He stated that other documents show the boundaries in more detail. He then stated that the special legal counsel thought this was the most appropriate document to attach to the Redevelopment Plan. Commissioner Lucchesi wanted to make it clear that Area #6 does not extend all the way to Chestnu 1. Page 1 of 3 Pages PC Meeting of 6/3/93 Motion-Mantegani/Zellmer: To recommend that the City Council adopt the Redevelopment Plan with the new Exhibit "C" map. It was unanimously approved by voice vote. AGENDA ITEMS - PUBLIC HEARING 3759 Cork Place. Edmond S. Chun. PUD-93-24 Planned Unit Development Permit and Design Review for a second-stolY addition and exterior modifications to the front of an existing twO-stOIY townhouse in the Westborough area in accordance with provisions of SSFMC Chapter 20.84. This application was continued from. the May 20, 1993 Planning Commission meeting. Chief Planner Solomon presented the June 3, 1993 staff report. Applicant: E. Chun 3759 Cork Place SSF Mr. Chun asked that if that there was a legal opinion on record why should staff request another one? Chief Planner Solomon stated that the City Attorney feels that while the general rule is that the City may not have the authority to enforce CC&R's, particular provisions of an individual set of CC&R's may allow the City to do that and before the City Attorney renders an opinion, he would like to review the CC&R's. Chief Planner Solomon also advised that the other opinion was rendered in 1990 dealing with a specific project. Mr. Chun asked staff if any changes to the Building Code or Design Code would affect this opInIon. Chairman Warren advised Mr. Chun to address any legal questions to the City Attorney. Mr. Chun wanted to know how much weight Mr. Fullam's testimony had on this application. Chief Planner Solomon said it did not affect the project but that the City Attorney wanted to check into this. Mr. Chun submitted into a record a letter from Mr. Fullam (ex-president of the now defunct homeowners association). Mr. Chun asked how a defunct association could sue the City, if that was staff's concern? Page 2 of 3 Pages PC Meeting of 6/3/93 Commissioner Lucchesi stated that in the past CC&R's were always taken into consideration when approving a project and that if this was not the case CC&R's would not mean anything. Commissioner Lucchesi said he needed the City Attorney's opinion. Chief Planner Solomon advised that the Commission could have a study session to discuss CC&R's with the City Attorney. Chairman Warren stated that the City should not be the enforcer of the CC&R's but said that she had a problem with the City approving a project if a provision in the CC&R's prohibits it. Motion-Mantegani/Seconded-Zellmer: To continue PUD-93-24 to June 17, 1993. This was unanimously approved by voice vote. Motion-Zellmer/Seconded-Padreddii: To adjourn the meeting to June 17, 1993. It was unanimously approved by voice vote. Chairman Warren adjourned the meeting at 7:46 P.M. ~~U '1J(fJMfW;t fJ1. ~~ ~t~-en, Chairman Planning Commission City of South San Francisco Steve Solomon, Secretary Planning Commission City of South San Francisco MW:SS:ab Page 3 of 3 Pages PC Meeting of 6/3/93