Loading...
HomeMy WebLinkAbout09.05.96 Minutes MINUTES SOUTH SAN FRANCISCO PLANNING COMMISSION September 5, 1996 CALL TO ORDER: 7:35 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman Warren and Vice-Chairman Romero, Commissioners Barnett, DeZordo, Masuda, and Padreddii MEMBERS ABSENT: Commissioner Lucchesi ALSO PRESENT: E. & C. D. Director: Marty Van Duyn Planning Division: Chief Planner Senior Planner Act. Secretary II Assist. City Attorney: City Engineer: Dev. Review Specialist: Police Department: CHAIRMAN COMMENTS APPROVAL OF MINUTES Steve Solomon Steve Carlson Rosa Perez Larissa Seto Arthur Wong Richard Harmon Sgt. Ron Petrocchi Motion-PadreddiilSecond-Masuda: To approve the August 15, 1996 minutes as presented. They were unanimously approved by voice vote. December 7, 1995, and January 25, 1996 Continued. ORAL COJ\1MUNICATIONS CONSENT CALENDAR - AGENDA ITEMS Chairman Warren asked that Item 1 "Dr. John's Towing" be pulled off the consent Agenda since the applicant had concerns on the conditions. Gellert & Appian, WestborOu2h Hi2h1and, SC-94-019 Two year Review for compliance with Conditions of Approval. Motion-Romero/Second-Masuda: To approve Consent Calendar Item SC-94-019. It was unanimously approved by voice vote. 218 Ryan Way, Dr. John's Towing, UP-95-999/Mod 1 Cate~orical Exemption: Class 1, Section 15301 Use Permit Modification to allow auto sales as an accessory use within an existing indoor operable vehicle storage facility in the M-l Light Industrial zone in accordance with SSFMC 20.30 and 20.91. Chairman Warren opened the public hearing. Director Van Duyn presented staff report. ADolicant: Mr. Arata stated that the conditions for the catch basin and stop sign John Arata seems to be too costly and did not feel he would be able to meet them. 218 Ryan Way, SSF Richard Harmon, Development Review Specialist for Engineering Division, explained that these are standard conditions (for a stop sign and the storm drains) which are required under municipal code and Federal EP A mandate. Commissioner DeZordo asked why was this not required on the original use permit? Mr. Harmon explained that under the original use permit this business would not be open to the public, this modification brought the need to staff's attention to require the installation of a stop sign and catch basin. The Commission discussed the pros and cons of requiring these types of improvements for small businesses. The Commission was concerned that the sale of two cars at a time could develop into 100 or more cars per year. Mr. Harmon further explained that federal mandates on catch basins came into affect a year ago and required cities to take a reasonable steps to meet their guidelines. Assistant City Attorney described the Clean Water Act. She advised that these types of regulations are put in so that Cities do not violate their NPEDS permit and that there is a $10,000 a day fine. Mr. Arata noted he did make the necessary indoor changes should cars leak oil. Discussion continued on the type of parking in the storage area and required drainage improvements in the driveway area. Chairman Warren asked when Federal actions had become effective and when the City adopted these Municipal code changes? Director Van Duyn noted that at the time the original use permit only new projects/uses were being required to make these improvements, although in all cases the City tries to comply with all obligated federal regulations. In response, Assistant City Attorney Seto stated that our Storm Water Management and Discharge control provisions appear to have been adopted in 1994. Ms. Seto concurred with the Director that the City is aware that larger projects need more aggressive storm water management; and as a consequence, realized that it has not been sufficient to meet federal regulations, therefore, the City has had to move more aggressively on smaller projects. Masuda asked if other tenants conform to these requirements and should they be enforced on the whole property? Mr. Harmon noted the City's intent to mitigate any drainage problems off the driveway of the current application with minor improvements. Director Van Duyn advised that the City could enforce any discharge violations under the code on the property, but does not recommend that the Commission waive the condition permanently because the City Engineer's office may find discharge violations in the future. Assistant City Attorney Seto read the following code section, II shall under take all practicable measures to reduce such pollutants", the Commission could find that the mitigation Page 2 of8 PC Meeting of 9/5/96 measures are not practicable, or that there are other methods that could address this problem. Mr. Harmon stated that what he proposed is the bare bones system. Chairman Warren closed the public hearing. Motion-DeZordo/Second-Romero: To approve UP-95-999/Mod 1 [as submitted by stafl] based on the findings and conditions of approval. It was unanimously approved by the following roll call vote: AYES: Chairman Warren, Vice-Chairman Romero, Commissioners Barnett, DeZordo, Padreddii, and Masuda. NOES: None. ABSENT: Commissioner Lucchesi. PUBLIC HEARING - AGENDA ITEMS Hillside/Sister Cities BIvds. & So. San Francisco Dr., Sun Chase G.A. Calif. 1, Inc. SP-96-083 & DA-96-083; Addendum to 1982 Terrabay Specific Plan EIR Amendments to Terrabay Specific Plan and Development Agreement regarding the recreation and child care facilities and timing of issuance of building permits. Chairman Warren opened the public hearing. Lida Budko, Terrabay Project Planner, summarized the staff report and presented exhibits of site plans showing three development phases, the recreation and child care facilities which are located in Phase I of the project. Ms. Budko explained that in 1982 the City & the County of San Mateo adopted a Specific Plan for the Terrabay Project; and, in 1998 the City and property owner entered into a Development Agreement. Since that time, the City re-evaluated the need of a pool in the recreation facility and determined that a gymnasium would better serve the community needs. The staff also re- evaluated the child care facility and was concerned about the site's location and circulation constraints; they prefer accepting an in-lieu fee and having the flexibility of using the funds as needed for child care and/or library services. The redesign of the recreation center and payment of an in-lieu fee for the child care center were requested by the City since staff believed that such changes serve the City's interests. To accomplish these changes, amendments to the Specific Plan and Development Agreement are proposed and are recommended to the Planning Commission. Speakin2 a2ainst application: Sandra Firpo 809 Hemlock Ave. SSF Ms. Firpo stated that a child care facility would provide a service to the community and expressed concern that additional townhomes would only add to the congestion. She did not agree that the child care facility is not needed and that it should be built. She understood the gym was selected instead of a pool, but noted that the pool would serve a wider range of city residents (from babies to senior) and should be considered. Page 3 of8 PC Meeting of 9/5/96 Soeakin2 a2ainst Ms. Pont also felt that the pool would serve a wider group of residents. She application: agreed with Ms. Firpo that the child care facility is a less dense use than the Jan Pont townhomes which produce more congestion. She wa~ concerned about soil III Belmont Ave. being moved in other parts of the project, and wants to make sure all SSF residents are noticed of public hearings. There being no other speakers - Chairman Warren closed the public hearing. Vice-Chairman Romero stated that a swimming pool is needed since children can not get into classes one day after registration notices are sent out. He was also of the opinion that the child care facility should be built. Chairman Warren noted that information from the Parks & Recreation Commission was not included in the staff report and no staff member of the Parks & Recreation Department was present to answer questions. Director Van Duyn apologized for not including the information, and explained that since the change from a pool to a gymnasium was not of a land use nature, that the Parks and Recreation staff had sent out a survey.to all households in the City that meetings had been held to determine public opinion, the Parks and Recreation Commission had recommended the gymnasium to the City Council and that the Council unanimously approved the change, staff had felt it was not necessary to include this backup information. The majority of the Commission then expressed the need to see the backup information. Commissioner Padreddii noted that this item was noticed for City Council's next regular meeting, and that there are deadlines to meet. Director Van Duyn advised that the Commission was not on a deadline; the item had been noticed for Council's meeting of September 11 tho The applicant has stated an urgency to act on this item as soon as possible. Commissioner Barnett stated that a child care facility is needed and asked how the City is benefiting by accepting the in-lieu fees. Planner Budko explained that the in-lieu fee alternative would give the City more flexibility in meeting city-wide priorities for child care or library services and/or facilities. Dennis Breen, Attorney representing SunChase, noted that they conducted a marketing survey, and the results showed a child care facility was not a significant need on the Terrabay site. Mr. Breen further explained that the child care facility was a private facility for residents of the Terrabay area, not a public facility. The City staffhad approached them with a suggestion that funds be submitted in-lieu of building on the Terrabay site, so that child care assistance would be provided where it was most needed. Chairman Warren clarified that the child care facility would be privately owned but it would be serving the needs of the whole City, not just Terrabay residents. Mr. Breen clarified that the specific plan's language and in the development agreement stated "a private facility" in a way that allows the facility owner to do whatever they want. Commissioner DeZordo asked if public hearings were held on the child care facility issue and how did the number of six townhouses come about? Mr. Breen tried to recall the meetings with City staff and explained the circumstance of other child care facilities in the city being closed, he did not recall any public hearings. Mr. Breen explained that the applicant received approval to build a total of 168 townhomes and there are 161 presently designed, if the child care facility is not built, the 6 townhomes could be added, for a total of 167. Page 4 of8 PC Meeting of 9/5/96 Discussion continued on the cost differences between building the gym and the pool, Mr. Breen noted $130,000 as a possible difference. Chairman Warren asked why the figure was not included in the attachments. Director Van Duyn noted the City staff and applicant have come up with different cost estimates, and hope to have the value of the figure complete next week for Council's meeting. Mr. Breen explained the urgency in that Centex Homes is almost ready to apply for the 81 st building permit, and if the City does not approve this request the project stops. Commissioner DeZordo asked about the soil that is being moved. Mr. Breen noted they were moving earth to Phase II from Phase I and have received all required permits. Commissioner Masuda felt that as long as the City would build a child care center in the area or somewhere else, he would agree. Director Van Duyn explained that the in-lieu funds may be used to create new or expand existing child care facilities, or for library facilities or programs. Chairman Warren noted if the Commission continued the item the Council would have to. continue it also. Vice-Chairman Romero noted that the pool! gym issue should have come before the Commission before it went to the Council. Chairman Warren would liked to have seen the survey responses to the pool/gym issue; the child care issue was not public noticed and this is a higWy needed service; she recognized that needs have changed but felt that infusing funds in a system is not lasting, but physical structures are lasting. She felt that the Commission should have been informed of the pool/gym issue since information was available since Council's February action. She inquired about the value established for the in-lieu fee. Ms. Budko explained that the in- lieu fee amount was based on the current value of the child care site in Terrabay plus its projected construction. Commissioner DeZordo asked Chairman Warren to tell the Mayor of the Commission's concerns on this item and the lack of adequate information in this report; The Parks & Recreation Director and City Manager should have been here to explain the negotiations on the child care facility, and changes to the recreation center complex. Commissioners Barnett and Romero agreed with DeZordo. Commissioner Romero noted that for an issue of this importance a survey may not be adequate and the decision should go on the ballot. Motion-PadreddiilSecond-Masuda: To recommend to the City Council approval of the proposed amendments to Terrabay Specific Plan and Development Agreement regarding the recreation and child care facilities and timing of issuance of building permits for SP-96-083 and DA-96-083. Motion failed by the following roll call vote: AYES: Commissioners Padreddii and Masuda. NOES: Chairman Warren, Vice-Chairman Romero, Commissioners Barnett, and DeZordo. ABSENT: Commissioner Lucchesi. Chairman Warren clarified that the lack of adequate information has caused this decision, the majority of City staff is aware of the importance and the concerns this item caused over ten years ago. Commissioners DeZordo and Romero agreed. Again, Director Van Duyn, apologized and noted that they will be including all pertinent information to the Commission. Assistant City Attorney Seto explained that the applicant does have the appeal period of 15 days. Page 5 of8 PC Meeting of 9/5/96 Break at 9: 10 meeting called to order 9:25 pm a[~mP'P'!ng[~[QjIf~p~[~~[ ADMINISTRATIVE BUSINESS Chairman Warren moved Item 5. Conference Center UP-98-888 report to be heard first under Administrative Business. CONFERENCE CENTER UP-98-888 Senior Planner Carlson presented staffreport. Sandra O'Toole, Conference Center Director, stated she was available to answer any questions. In response to Commissioner Masuda's question, Ms. O'Toole confirmed that the catering use was in the Conference Center Contract. Mr. Carlson explained that the catering was in their contract, but the proposed concept of outside service was not clearly permitted in the Use Permit. Staff is asking that the Commission make the determination whether the catering operation, which is conducted at the Conference Center in support of the events, may expand operations to allow outside services pursuant to the Use Permit. Chairman Warren stated that the outside catering should not become a problem during the normal conference center operation. Director Van Duyn explained he did not foresee any problems since it would not be in the Conference Center Authority best interest and they would continue to govern the operations as well as they have in the past. The Commission concurred with staff and determined that outside services were consistent with the Use Permit UP-98-888. EAST OF 101 OVERVIEW OF WORK PROGRAM: Chief Planner Solomon briefed the Commission on the General Work Program. The East of 101 zoning implementation, which is the rezoning to make the area consistent with the General Plan Amendments. He noted that 1) Zoning District Regulation texts are drafted; 2) The Zoning Map is amended to reflect new zoning; 3) Overlay zones will be developed, due to some districts having mixed land uses. Minimizing the review process was discussed in more detail, such as: flexibility (Nonconforming development standards, parking policy, landscaping policies and standards) Review process minimization, (district permitted and conditional uses, and special operations) Planning standards incorporating General Plan standards into the zoning. Design guidelines and Floor Area Ratio standards and exceptions. Commissioner DeZordo and Barnett agreed with items under minimizing review process. Chairman Warren congratulated him on a report well done. The Commission thanked him for all his hard work. Page 6 of8 PC Meeting of 9/5/96 CORPORATION YARD UPDATE: City Engineer Wong described the City's Maintenance Department's effoIis in putting together and obtaining a site for the corporation yard for Public Works, City Garage, Parks and Building Maintenance Departments. The problems encountered in the present corporation yard are being addressed on the new site (mitigating debris bulk storage, supplies, and weather protection of equipment and vehicles). In addition, screening and security for supplies, equipment and vehicles has been addressed. He indicated the location of the building and the storage facilities, and noted the set back requirements and landscaping (10% is required, but could only do 8%). The Parks Maintenance Department requested to assist in the design of low maintenance landscaping. They plan to open bids October 1996. Vice-Chairman Romero asked if any recycling is done? Mr. Wong noted that it is currently being done with metals, cuttings, tires and other items which are separated before dumping. Commissioner Masuda asked if all the city property is being used? Mr. Wong responded, yes; including the Magnolia Right-of- way as an emergency exit through the Basque Cultural Center. Commissioner DeZordo advised that the Basque Cultural Center should see the plans. Chairman'Warren asked that they meet with them, not just sent a letter. Discussion continued on mitigated measures. 2211 GELLERT BLVD. (REVIEW), LING NAM NOODLE, UP-93-939/MOD 1 Director Van Duyn presented staff report and stated that, at the request of the Police Department, the Commission is being asked to stress the importance of the lighting of the parking lot. Reports show that the restaurant's operation has improved, security guards are working, but there are concerns with the entire center and staffhas received a letter from the property owner dated Sept. 4, 1996. Sgt. Petrocchi distributed a memorandum from the Police Department dated Sept. 5th, 1996, and presented background information of previous conditions. The property owner informed the Police Department that they have improvement plans on the lighting, but they have not submitted them. The Police Department could not measure improvements without the plans. The Police Department recommends setting dates for the applicant and owner to meet the conditions of approval. The applicant stated she did not know that the property owners had not submitted plans, she has received quotes for the improvements of the three light poles next to her restaurant. Chairman Warren asked the Assistant City Attorney Seto for clarification if conditions apply to the applicant only or also the property owner? Ms. Seto advised that the Use Permit and it's conditions apply to the applicant. Mr. Art Ballira, who is helping Ling Nam to obtain an electrical contractor and measure lighting, stated he has been working with them since February, he spoke with property owner but they denied to have any responsibility on this. Mr. Ballira stated he spoke with Sgt. Petrocchi in May, the electrical contractor is scheduled to do the work August 15th, and he does feel the work could be done by Oct. 11th. The Commission discussed how it is the applicant's responsibility to get these items done. Chairman Warren clarified that requirements should be complete by October 11 tho The Commission agreed to follow Police Department's recommendation and schedule the revocation hearing for Use Permit UP- 93-939/MODl for 2211 Gellert Blvd. for the Planning Commission meeting of October 17, 1996. Page 7 of8 PC Meeting of 9/5/96 Items from Staff - None Items from Commission Commissioner Padreddii asked if staff had received an application for the Shearwater site? Director Van Duyn explained no application has been submitted but some pending ideas are retail, office, entertainment/hotel. Chairman Warren stated that at the NIB corner of Stonegate/Sunset, there has been a four foot steel plate for two to three weeks, and asked staff to look into this. City Engineer Wong stated he would look into this, and noted that CalWater could have been working there. Items from the Public - None Adjournment: Motion-Padreddii/Second-Masuda. To adjourn meeting at 10:30 PM to September 19, 1996 Regular Planning Commission Meeting. ~~jJ'-~fJ-J Marty Van Duyn, Se r ary Planning Commission City of South San Francisco 'IJ(~ /if ~~n, Chairman Planning Commission City of South San Francisco MVD:rp Page 8 of8 PC Meeting of 9/5/96