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HomeMy WebLinkAbout10.17.96 Minutes MINUTES SOUTH SAN FRANCISCO PLANNING COMMISSION October 17, 1996 CALL TO ORDER: 7:30 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman Warren and Vice-Chairman Romero, Commissioners Barnett, Lucchesi, Masuda, Padreddii, and DeZordo (arrived at 7:40 PM) ALSO PRESENT: E. & C. D. Director: Planning Division: Senior Planner Interim Planner Act. Secretary II City Attorney: City Engineer: Dev. Review Specialist: Police Department: CHAIRMAN COMMENTS Marty Van Duyn Steve Carlson Lawrence Kasparowitz Rosa Perez Steve Mattas Arthur Wong Richard Harmon Sgt. Ron Petrocchi )irector Van Duyn noted correction to Agenda Item 2 Use Permit should read "1:00 AM" as oppose to 2 AM, ;onsistent with staff report. APPROVAL OF MINUTES Chairman Warren noted October 3, 1996 minutes will be considered for approval at next regular meeting. ORAL COMMUNICATIONS PUBLIC HEARING - AGENDA ITEMS 145 Utah Avenue, J. C. Kitchen/Jesus Cabezas, Applicant UP-96-092 Cate~orical Exemption: Class 1 Section 15301(a) Use Permit to allow a food preparation repackaging and storage facility for vegetables, in the Planned Industrial (P-I) Zone District, in accordance with SSFMC Sections 20.32.030(d) and 20.32.070(g). Chairman Warren opened the public hearing. Senior Planner Carlson presented staff report and noted the condition to maintain business free of objectionable odors. There being no comments, Chairman Warren closed the public hearing. viotion-Barnett/Second-Padreddii: To approved UP-96-092 based on the findings and subject to the conditions of approval. It was approved by a unanimous voice vote. Chairman Warren noted that Commission DeZordo arrived 7:40 PM 309 Airport Blvd., Christy's Bar & Grill/Christina Lee, applicant (Satya Narayan, owner) UP-96-090, Categorical Exemption: Class 1 Section 15301(a) Use Permit to allow karaoke and live music until 1 :00 AM at an existing cocktail lounge in the Planned Commercial Zone District (D-C-L), in accordance with SSFMC Sections 20.26.060(a) and 20.26.030(c). Chairman Warren opened the public hearing. Planner Kasparowitz presented the staff report. Commissioner DeZordo asked who filed the complaint? Sgt. Petrocchi reported that the police department had recently received 2 calls for noise disturbance and 7 total complaints in the past year for noise from the bar. Assistant Planner Kasparowitz noted corrections on the staffreport Page 2 Noise - SSFMC Section should be 8.32.040. He explained that the Code Section preceding allows certain spikes of noise: for example, 5 decibels above 55 dB for no more than 15 minutes in the hour, 10 decibels for five minutes, 15 decibels for one minute, or 20 decibels at any period of time. He stated that the way this had been interpreted is the 55 dB plus the 10 dB is the maximum, therefore, the noise level shall be contained within the 65 maximum, including the spike periods. He explained that during the noise testing at the site, they were able to lower the noise levels and contain them within the 65 limit. The Police Department does have equipment to measure noise levels should they be called back. Reoresentin!! Anolicant: Mr. Aubrey Angus Soeakin!! in favor of Aoolication: Karin M. Gruber Karaoke Productions 693 31 st Avenue, San Mateo Soeakin!! in favor of Aoolication: Linda Willis 510A Baden Ave. South San Francisco Mr. Aubrey noted that the property has been improved and added to the bar business other non-alcoholic drinks such as a juice and coffee bar and food. He has tried to talk to the manager and feels that part of the problem is that the old clients felt it was their own private club. They have obtained the sound engineers, and they will do what ever possible to control the noise thru padding on the ceiling or insulation. Ms. Gruber explained that she has worked with many karaoke machines for many years. She explained that after the noise testing they determined that they would keep the machine level reading at 2.5, and is also acceptable to the clients. Ms. Willis is in support of the application, they have improved the property and is an enjoyable place. Chairman Warren closed the public hearing. Commissioner Masuda noted he was satisfied with the application since the applicant can comply with the conditions of approval. Vice-Chairman Romero asked if the tenants of the building upstairs had been notified. Planner Kasparowitz 'esponded that the notices were mailed to property owners and two were posted at the entrance door of the 309 \irport building and at the light pole in front. Commissioners DeZordo and Lucchesi agreed that the tenants ~nust be aware of the hearings. Discussion continued on the notification process. PC Minutes 10/17/96 Page 2 of9 Sgt. Petrocchi stated that the property owner called him from Oregon and stated he did not want the noise level inside the bar to exceed the ordinance requirements; he eXplained to the owner the City's approach to try to achieve the ordinance requirements; the owner was concerned about his residents, but also wanted the bar to get fair chance. Sgt. Petrocchi further reported that the patrol officers have noticed the positive improvements with the new business management on the property and the clientele. He explained that they were trying to determine acceptable levels inside the upper units based on those levels prescribed in the ordinance; and he feels the applicant has succeeded in doing that. Chairman Warren asked for a summary from each Commissioner. Commissioner Barnett agrees in the positive improvement of the business, and asked for an added condition to insulate the ceiling. Commissioner Padreddii agrees with Barnett and Sgt. Petrocchi, and feels this will improve their business. Commissioner Lucchesi concur with the positive improvements, and wants to limit the music to karaoke, volume control at 2.5 and insulation of ceiling, and move the hours of karaoke to 11 :00 PM or 12:00 AM. Commissioner Masuda agrees with insulation at the ceiling, and having a review in 6-months and again in a year. Commissioner DeZordo wanted to see police reports. Sgt. Petrocchi explained that the majority of the complaints were from one individual about the karaoke and preceding the karaoke only one complaint on general noise from the bar. Commissioner DeZordo would like to have this continued to next meeting and have the tenants notified. Vice-Chairman Romero feels that there was adequate notification, would have preferred to have each tenants noticed, and noted that Police Department will be able to stop business operation should any noise problems arise. Chairman Warren stated that in the future, when an application is going to effect entirely rental units above a :ommercial use, that the notices be mailed to tenants/occupants of the address. She asked that should staff not want to take this type of action on a particular application, the Commission should be notified why. She agreed with the insulation to help prevent problems, and karaoke during Friday and Saturday nights only to go until 1 :00 AM. Vice-Chairman Romero agreed with the limitation of Friday and Saturday until 1 :00 AM as part of the conditions of approval. Planner Kasparowitz asked the Commission if approval includes other forms of music such as trios or is this limited to karaoke? The Commission concurred that as long as the decibel levels are met and limits of 1 :00 AM Fridays and Saturdays were kept. Commissioner Lucchesi wanted to limit to karaoke only. Commissioner DeZordo opposed the application. Director Van Duyn summarized the amended conditions of approval with concurrence from the Commission as follows: A. Planning Division requirements shall read as follows: 2. The applicant shall demonstrate to the satisfaction of the Chief Planner that noise levels generated by the equipment associated with the approved uses shall have a governing device which limits the volume of noise produced, including tlte installation of insulation inlprovenlents to tlte ceiling in order to insure conlpliance witlt nlaxinlunl noise standards. Conlpliance witlt nlaxinlunl noise level standards sit all be subject to City testing and approval subsequent to tlte stated inlprovenlents. PC Minutes 10/17/96 Page 3 of9 5. The karaoke and live nlusic activity shall only occur on Friday and Saturday evenings untill a. nt. Variation Ironl this condition will require a nlodification to this Use Pernlit Motion-Barnett /Second-Masuda: To approve UP-96-090 based on the findings and subject to the Amended Conditions of Approvals. Commissioner DeZordo "on the motion", asked the City Attorney if persons could sue the City if they felt they were not notified properly? City Attorney Mattasnoted the City has met the minimum legal requirements. Discussion continued on legal notices. Director Van Duyn suggested that staff will be hand delivering to the rental units at 309 Airport Blvd. a copy of a letter with the Conditions of Approval and advising of the appeal period. The Motion was approved by the following Roll Call Vote: AYES: Chairman Warren, Vice-Chairman Romero, Commissioners Barnett, Masuda, and Padreddii. NOES: Commissioners DeZordo and Lucchesi- because of time and live music. Chairman Warren called a 5 minute recess at 8: 25 PM. Meeting called back to order at 8: 3 0 PM. 2211 Gellert Blvd., Ling Nam Noodle House/Antonio Lim, Applicant & Manton Wong, Owner of Gellert Square; UP-93-939/Mod 1; Cat. Ex.: Class 21, Section 15321(a) Revocation of a Use Permit modification allowing for operation of a restaurant during the hours between midnight and 6 AM, in accordance with SSFMC Section 20.91.030. ::hairman Warren opened the public hearing. Planner Kasparowitz presented staff report. He gave a summary of events which lead to the conditions of approval to improve lighting in the parking lot center near Ling N am Noodle House and provide effective security guards. The security guards are in place and working well, as reported by the Police Department. The lighting of the parking lot center has not been completed, only items 1 and 2 of the punch list are complete and items 3 and 4 are pending. The applicant was given a deadline to complete all items by October 11 th, and did not finish all the items on the list. Mr. Kasparowitz noted a change on the procedure for the revocation hearing; Item "e" of staff report, the Commission does not deliberate in closed session, will deliberate and vote in open session. He stated the applicant's attorney sent a letter requesting continuance, since he could not be at this meeting. Staff recommends that the Planning Commission hold the evidentiary hearing and recommend City Council set a date to hold an evidentiary hearing for revocation ofUP-93-939/Mod 1. In view that there was no representative for the applicant, property owners, or business management, Chairman Warren asked City Attorney and the Commission for consensus to continue with the hearing even if applicants are not present. The City Attorney advised that the Commission could proceed since the applicant and property owners have been properly noticed. The consensus of the Commission was to proceed. Chairman Warren closed the public hearing. Sgt. Petrocchi of the Police Department, stated he felt the applicant was progressing since after the October hearing they submitted calculations on the existing site conditions, then a professional electrical engineering firm irew plans for lighting improvements on October 1 st, and at the last meeting the applicant and the contractor :aid they could have all improvements done by October 11th. Sgt. Petrocchi stated he spoke with Ling Nam's attorney on Monday and the attorney had indicated they would start the lighting installation on Tuesday, but an PC Minutes 10/17/96 Page 4 of9 inspection of the site today revealed no changes. Sgt. Petrocchi felt they did have time to do it, they just hav,e not done it. He sees no benefit in the extension of the time. If the Commission wishes to proceed with revocation, the applicant will still have about 30 days until this item goes before the City Council. Vice-Chairman Romero asked for clarification since one of the conditions of approval authorized the Police Chief to close the business down. Sgt. Petrocchi noted yes, but only for violent incidents such as what happened in the past. City Attorney Mattas stated, for the record, that the staff report should be part of the evidentiary basis upon which the Commission can make a decision. Chairman Warren summarized that based on the non-compliance of the conditions stated by staff: their track record of only complying when a revocation hearing occurs, their failure of commitment to comply despite clear messages, and considering that the Commission has given the applicant more than ample time to comply with the conditions of approval, therefore, she recommends that the Use Permit Modification be revoked. The consensus of the Commission was in favor of revocation of the Use Permit Modification. Motion-Romero/Second-Masuda: That the Planning Commission recommend to City Council the revocation of UP-93-939/Mod 1- 2211 Gellert Blvd., Ling Nam Noodle House based on the evidence presented and attached findings. It was unanimously approved by voice vote. Commissioner Lucchesi asked "on the motion," if the revocation goes through, is the entire use permit revoked, or are their hours just cut back. City Attorney clarified that the revocation would only take effect on the Modification 1 (operating from midnight to 6:00 AM). Hillside, Sister Cities and Bayshore Boulevards, SunChase G.A. CA I. Inc., owner/applicant SP-96-012 and DA-96-012, Supplemental Environmental Impact Report in preparation. Ten-year extension to the Terrabay Specific Plan and Development Agreement entitlements, which are due to expire on February 14, 1997. Chairman Warren noted that Commission would not be taking action because this item would be continued to a Special Meeting of October 29, 1996. Chairman Warren opened the public hearing. Project Planner Lida Budko explained that the application before the Commission is a request for a ten-year extension of an existing and approved Plan and Development Agreement; this is not a public hearing on the project's EIR. She stated that staff reviewed detailed development plans for Phase I and addressed Phases II and III in a conceptual way. She noted that any future development for Phases I and II requires additional City approval, including Precise Plans and environmental documents which assess the projects impacts. The Plan was approved in 1982 and includes a phased residential and commercial development. The maximum number of dwellings units were set at 745, and a commercial area of approximately 680,000 sq. ft. There have not been substantive changes to the project since the 1982 approval. A Supplemental EIR has been prepared describing any substantive changes in the project's environmental imformation. Project Planner Budko introduced applicant's representative and staff are available to answer any questions. PC Minutes 10/17/96 Page 5 of9 Reoresentin2: Anolicant: Dennis Breem Mr. Breem explained the project history and purpose for the extension, the cause for delays of the construction, and critical items. He indicated that the changes to the Specific Plan as indicated in the redline documents have already occur and have been approved by the City since 1982 to present date. In 1994, the foreclosure proceedings were complete, they then started winterization, slope stabilization and lot recompaction, location of sewer and drainage connections; all these was completed in 1995. In 1996 Centex Homes bought Phase I and started construction, and some homes are ready to sell. The requested extension is to finish Phase I, and to go through the process of Precise Plan and environmental documents for Phase II and III. Sooke with concern of the Aoolication: Mr. Matlock asked that the shell mounds not be damaged as Perry Matlock, Volunteer they contain cremation remains of 10,000 Alonian individuals. International Indian Treaty Council(IITC) The shell mounds are 4,000 to 5,000 years old and they have 300 - 2nd Avenue Apt. #5 been dated by Bret Parkman, President of the California Society San Francisco, CA 94118 of Archeology; and Rosemary Cambra, the Tribal Chairwoman of the Muwekma Ohlone Nation. Mr. Matlock eXplained that Anthony Gonzales with IITC United Nation Liaison wrote a letter to the Mountain Watch to preserve the mounds and asked that the developer consider preserving these mounds and the immediate area around them. Sooke with concern of the Aoolication: David Schooley San Bruno Mountain Watch P.O. Box A8, Brisbane, CA 94005 Mr. Schooley was concerned with the implementation of the San Bruno Mountain (HCP) Habitat Conservation Plan. He spoke of an agreement between SunChase (the applicant), San Mateo County and San Bruno Mountain Watch as to the project's restoration and management plan. They too (SB Mtn. Watch) want to preserve the shell mounds. Commissioner Barnett asked how would San Bruno Mountain Watch propose to preserve the shell mounds? Mr. Schooley noted that current laws say it is acceptable to place concrete over the areas, these law needs to change. He explained that there are rare and endangered species just around that area, and a small creek. Sooke a2:ainst the Aoolication: Rich Follansbee 1705 Church St. #202 San Francisco, CA 94131 Mr. Follansbee enjoys the area often; sees it as a place that connects us to the past; and mentioned the results of what he has seen with HCP killing endangered species in one area as long as another is recreated, but it does not work well. Sooke a2:ainst the Aoolication: Neil Thomson 486 18th Avenue, SF Mr. Thomson presented information to the Commission on archeology finds; he is a student from SF State University, and wants to stop the encroachment of the open space on the mountain and find other uses that would preserve the shell mounds. PC Minutes 10/17/96 Page 6 of9 Spoke a2ainst the Application: Edna Harks Historical Preservation Com. 210 Eucalyptus Ave., SSF Ms. Harks explained that the Historical Preservation Commission would be supporting the preservation of the shell mounds, they do have a letter on file stating their support. Representin2 the Applicant: Mr. Ward stated they met with San Bruno Mountain Watch; there is 3- John Ward, party agreement with the County of San Mateo, SunChase, and SB Mtn Consultant for SunChase Watch regarding a restoration and management plan for the remainder 792 Willborough Place parcels that will ultimately be dedicated to the County as permanent Burlingame, CA 94010 open space. The plans are being developed by a professor at San Francisco State Biology Department, and these plans for restoration will be reviewed by all entities. SunChase will fund the restoration efforts and 3/4th of the mountain will be preserved, the 3-part agreement is a ten year agreement. Spoke with concern of the Application: Kurt Poehlemen, 816 Maddux Drive, Daly City Spoke with concern of the Application: Cristine Dockter 816 Maddux Drive, Daly City Mr. Poehlemen's concern was for migratory birds. He spoke on conservation as it is reflected with the 25% reduction of migrant birds, and noted how specific insects are important to the migrant birds. Ms. Dockter visited the mountain in the past before it was disturbed. She agreed that housing is needed, but hopes that what Mr. Ward proposed to preserve 3/4th of the mountain will be a reality. She was concerned who would monitor that the agreements are kept and the mountain is taken care of She invited everyone to experience the mountain. Mr. Schooley stated he was pleased that Mr. Ward spoke on the agreement but the SB Mtn. Watch is worried and hopes for the best. Mr. John Ward stated that the plan they have developed goes outside and beyond what is required under the Habitat Conservation Plan. He noted that all those who buy homes would be required to contribute for maintenance in perpetuity. Chairman Warren closed the public hearing. Chairman Warren asked if the Commission had specific questions to be addressed at the next meeting? Commissioner DeZordo noted Page 31 of the Draft Document dated October 15, 1996, Specific Plan, starting with Line 19, Archaeology. He asked staff to check with the Historical Board to see if they have questions, concerns or comments about this; also whether Historical Board has any guidelines or requirements for dealing with the impacts. Regarding the issue of Traffic and Noise - he had read something about traffic backup on Sister City Blvd. Some Commissioners have experienced the same effect that he had, traffic backing up onto Airport Blvd. It seemed there was no resolution on this, other than there would be a hookramp developed? PC Minutes 10/17/96 Page 7 of9 Chairman Warren noted that there is going to be another entrance onto 101 South, north of Oyster Pt. Blvd., which will pick up traffic currently coming out of Brisbane on Airport Blvd. to go onto Oyster Pt. to 101. Director Van Duyn explained there are a series of improvements that go along with the Oyster Pt. Interchange some of which have not been constructed and some have. The Specific Plan language basically follows the Specific Plan as it was adopted to a certain extent updates it. The issue that is mentioned, specific mitigation measures relative to traffic, based on recent studies conducted in the Supplemental EIR mitigation measures are included in that document which will be reviewed by the Commission at the next meeting in the context of recommending its certification to the City Council along with other documents. The documents presented to the Commission are for information purpose that extend the Specific Plan approvals and the Development Agreement for ten-years. Chairman Warren summarized her understanding that with the extension of the development agreement and specific plan, they are not making any changes, just updating it. She noted they were amended in 1989 by City Council. Director Van Duyn confirmed she was correct and that these documents also reflect changes made this year. Chairman Warren asked if they wanted to make further changes, they would have to make recommendations to City Council. City Attorney Mattas noted that the Commission is being asked to act on the extension of the Development Agreement and Specific Plan; but the Commission has the authority to make recommendations for changes to this document if they should so desire, in addition to what is already there. He explained that staff and the applicant have taken the document and updated to 1996 information but not changed the general context of what the development was with one significant exception, as to Phases II and III. The Commission and Council are being asked to approve is a bubble approach (taking a certain land mass that you can development property in and have outside parameters of potential developments such as #homes, #sq. ft. of commercial use) in Phase II and III, that will come back to the Commission and Council as part of the ?recise Plan. Commissioner DeZordo clarified his question on Lines 21 through 29, to ask the Historical Commission to see if they have any concerns about Archaeology. He asked about Page 38, Line 29 and 30. City Attorney Mattas clarified why this had been struck out. Chairman Warren asked to clarify Page 2, lines 30 through 37; by adding a second column that shows the amended number of units 125 instead of 136 in Terrabay Park; and 168 instead of 181 in Terrabay Village; and that in fact it no longer is 745 units, it is a maximum of 721. She would like to have some information regarding the success or failure of the HCP; and what other communities have experienced. Director Van Duyn noted staff would contact U. S. Fish and Wildlife Services for the information. Commissioner Lucchesi asked for information on how shell mounds are preserved in other communities other than the once previously shown, possibly locally. Also are there national standards on how to preserve shell mounds; what is an acceptable manner, covering up vs. leaving exposed, what options are there. Director Van Duyn noted staff would get as much as possible of this information. Motion-DeZordo/Second-Masuda: Motion to continue this item to a Special Meeting of October 29, 1996, to be held at City Hall, 400 Grand Avenue, at 7: 3 0 PM. \.DMINISTRATIVE BUSINESS items from Staff: None PC Minutes 10/17/96 Page 8 of9 Items from Commission: Vice-Chairman Romero was surprised with the presentations and recommend that the Commission attend one of the BART meetings, although it will be on October 29th. Director Van Duyn stated that the Commission will hear from BART at another meeting - the present meetings are to gather information from the community. The Commission was disappointed that their comments were not responded to. Director Van Duyn explained that the Commission's recommendations were presented to BART and they were rejected by BART, the Commission was not informed due to the lack of time given by BART for the review before EIR. Since BART has agreed to fund the station construction, the underground construction, streets improvements and signalization, it became limited to what was available. Commissioner Padreddii was also surprised to see the BART station and felt their recommendations were not taken into consideration. Items from the Public - Mr. Perry Matlock presented names and telephone number of contact persons for information on Muwekma Ohlone Nation. Adjournment: Motion-Romero/Second-Masuda: To adjourn meeting at 9: 15 PM to October 29, 1996 Special Planning Commission Meeting. IJf. ~ \.1arty Van Duyn, Se r tary Planning Commission City of South San Francisco Marga Warren, Chairman Planning Commission City of South San Francisco MVD:rp PC Minutes 10/17/96 Page 9 of9