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HomeMy WebLinkAbout04.01.99 Minutes CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE April 1, 1999 CALL TO ORDER / PLEDGE OF ALLEGIANCE The meeting was called to order at 7:31 p.m. Chairperson Honan stated that in honor of the two new Commissioners, City Clerk Sylvia Payne was present to swear them in. City Clerk Payne proceeded to swear in Mr. Michael Meloni, and Mr. Joseph D' Angelo as Planning Commissioners. Recess was called at 7:33pm to congratulate the new Commissioners Meeting recalled to order at 7:40pm. ROLL CALL / CHAIR COMMENTS MEMBERS PRESENT: Chairperson Honan, Vice Chairman Sim, Commissioner Baldocchi, Commissioner D'Angelo, Commissioner Meloni, Commissioner Romero, and Commissioner Teglia MEMBERS ABSENT: None ALSO PRESENT: Planning Division: Jim Harnish, Chief Planner Susy Kalkin, Senior Planner Mike Upston, Associate Planner Mike Lappen, Consultant Planner Adam Lindgren Ray Honan City Attorney: WQCP: AGENDA REVIEW Chief Planner Harnish introduced Lory Baldizon, temporary Senior Typist Clerk, who was covering the meeting for Bertha Hernandez. He also stated that the applicant of Item #3, Max's Restaurant, requested that the item be continued off calendar. ORAL COMMUNICATIONS CONSENT CALENDAR 1. Approval of February 18, 1999 Regular Meeting and February 25, 1999 Special Meeting Minutes Commissioner Baldocchi pulled Item #1 from the Consent Calendar. Commissioner Teglia noted that he had some changes to the minutes, and suggested that the minutes be continued to the next meeting to give the Commissioners time to get the modifications to the Clerk. G:\File Cabinet\Old PC\working\minutes\1999\040199.doc Page 1 of 11 Commissioner Baldocchi stated that she had several changes also. Chief Planner Harnish asked Commissioner Baldocchi to write the changes and he would hand them to Bertha. Commissioner Romero stated that he had several changes also and would fax them to the Planning Division. Chief Planner Harnish stated that he would like the revisions by the end of the following week. Motion Te2lia / Second Baldocchi to approve the minutes of February 18, 1999, with the necessary changes. Approved by majority voice vote with Commissioners D' Angelo and Meloni abstaining because this is their first meeting. Motion Te2lia / Second Sim voted to approve the consent calendar. Approved by unanimous voice vote. PUBLIC HEARING - AGENDA ITEMS 2. Britannia Pointe Grand Ltd. Partnership/Chamorro Design Group/applicant NC Land Assoc./owner 200-280 E. Grand Ave. & 130 Harbor Way PUD-98-053 and ND-98-053 Planned Unit Development permit to allow expansion of an existing 20.3 acre multi-tenant commercial/industrial business park to incorporate 8.3:t acres of adjacent property and construction of 3 office/R&D buildings totaling approximately 170,000 sf in accordance with SSFMC 20.84. Senior Planner Kalkin presented the staff report she noted a typographical error in the staff report that the overall Site landscaping would be 18% rather than 28%. Mr. Al Chamorro, Architect, gave a brief history of what the developer has done with the area. They have repainted, adding landscaping and have started to build several new structures. They want to keep the same scheme and have designed it that way. He proceeded to explain the Sugen project, which will be built in three phases. He stated 'that they are trying to keep the same design on this site as well as across the street on Harbor Way. Commissioner Meloni stated he was concerned about the hazardous materials mitigation, and asked if there were any plans as to how it will be capped. Mr. Chamorro stated that there will be a clay cap over the areas beneath the planting areas and the rest of the site will be covered with either asphalt or buildings. Vice Chairperson Sim asked about the landscaping buffer along East Grand & Harbor Way, commenting that it seems smaller than 20 feet. Mr. Chamorro stated that there was a 20-foot wide landscaped strip on the west side of Harbor, and the east side is between 25-30 feet. Commissioner Teglia asked staff about the PUD. He questioned why the Commission is going to approve it as a PUD since there are no exceptions being requested. Senior Planner Kalkin stated that it was because the Business Park was originally approved as a PUD in 1988. Commissioner Teglia asked that with Genentech there is an overlay district and since the project keeps growing he asked if there might be a benefit in processing this project in a similar manner. G:\File Cabinet\Old PC\working\minutes\1999\040 199 .doc Page 2 of 11 Senior Planner Kalkin stated that there would not be a particular benefit and that Genentech could use it to provide parking. Should the developer want to do a master plan then it might be considered. Commissioner Teglia asked if there were plans in the works to coordinate or combine the various shuttles to improve the transportation system within the area. Chairperson Honan asked if the Transportation Development Management Plan was already being implemented. Mr. Bob Briston stated that he is not sure of what has been implemented because they only recently acquired the property, but that he was prepared to fully address this issue as required by the conditions of approval. Chief Planner Harnish stated that the work that is being done on creating a completed coordinated shuttle system is in the early stages of development. The Gateway and Genentech properties have pioneered the shuttle systems in connecting with Caltrain and BART. The City has been working with MTSMA to participate with all employers in the area. Commissioner Baldocchi stated that MTSMA has been very active in promoting alternative\transportation modes throughout the industrial area. Commissioner Romero stated that he had attended the groundbreaking ceremonies for Sugen some time back and recalled that a President of Sugen had been concerned about the conditions of buildings on Harbor Way, and it was indicated that it was going to go through changes. At that function it was stated that they would have a park like environment, and was impressed that there was 28% landscaping, He noted his disappointment at finding this was a typo. He asked if the City was working on the park setting that was mentioned. Chief Planner Harnish stated that the idea of the PUD was to build a business park setting and that is the direction that the project has been gearing towards. Senior Planner Kalkin stated that a large outdoor patio is proposed with the Sugen Developments, and other smaller outdoor areas are distributed through the remainder of the project. Commissioners Romero and Teglia felt that additional landscaping should be included in future projects in the area. The Planning Commission entered into discussion on landscaping in various areas of the City, and encouraged usable outdoor space for employee use Motion Sim / Second Baldocchi. Approved by unanimous voice vote. 3. Max's Restaurant Erlinda Fuentebella, Owner/applicant 1155 EI Camino Real UP-93-950/MOD2 and Categorical Exemption: Class 1 Section 15301(e) Use Permit Modification to allow conversion of an outdoor patio to dining room, and valet parking in the Retail Commercial (C-l) zone district in accordance with SSFMC 20.22.030. Richard Campbell, 200 Alta Lorna Dr, stated he agrees with the staff report and he thinks that valet parking is not realistic. Motion Te2lia / Second Romero to continue the item off calendar. Approved by unanimous voice vote. G:\File Cabinet\O Id PC\working\minutes\1999\040 199 .doc Page 3 of 11 4. Outdoor Produce Display Guidelines City of South San Francisco, applicant Citywide Resolution to adopt guidelines for outdoor produce display Associate Planner Upston presented the staff report. Chairperson Honan asked if the guidelines would be shown to all merchants who express an interest in providing outdoor display. Commissioner Baldocchi suggested that the permit application review go through Design Review Board and then go through the Zoning Administrator, rather than going to the Planning Commission Commissioner Baldocchi stated that if the guidelines are adopted and an overall vision in urban design, staff would know what is acceptable and not acceptable. Chief Planner Harnish explained that the change in the process would require a change in the zoning ordinance. This would require a minor use permit staff rather than a regular use permit Commission for outdoor display. Commissioner Baldocchi expressed a desire that the guidelines support the urban design effort that will be coming up for Downtown. Associate Planner Upston stated that the outdoor display guidelines do that, and they will be folded into the Urban Design Guidelines once they are initiated. Chairperson Honan public hearing was opened, seeing that there were no speakers, the public hearing was closed. Chairperson Honan stated that 18 code enforcement letters were sent out, and only two merchants applied for permits. She wanted to know what happened to the other 16. Associate Planner Upston stated that either they complied with the code enforcement & decided to forego outside display, or didn't comply and faced further action. Assistant Fire Marshall Johnson stated that Code Enforcement had looked at what was happening on Grand A venue, and that there were some problems with merchants displaying items outside without a use permit. He added that some are complying, and there were 13 cases pending. Chairperson Honan asked if the two merchants on Grand A venue were the only ones with outdoor displays. Assistant Fire Marshall Johnson stated that yes; they are the only ones that are allowed to keep outdoor displays. Commissioner Romero and Assistant Fire Marshall Johnson entered into discussion on Sciandri's hardware store and whether the owner would be required to remove the outdoor displays. It was understood that they would have to either apply for a use permit or remove the display. Commissioner D'Angelo stated that he was confusing an outdoor display guideline with outdoor produce, and asked if there was intent to review applications on a case-by-case basis for other types of display. Chief Planner Harnish stated that staff is in the process of several efforts in the downtown area related to signs, streetscape, outdoor display and business improvement. He proceeded to give the new Commissioners a history on how the outdoor produce display guidelines issue came up and he stated that it initially came up with the two use permit reviews that are before the Commission tonight. G:\File Cabinet\Old PC\working\minutes\1999\040 199 .doc Page 4 of 11 Commissioner Romero asked if the outdoor produce display guidelines would be citywide. Associate Planner Upston stated that it would be applicable to any district that allows outside display with a use permit. Chief Planner Harnish clarified that the resolution before the Commission applies only to the Downtown Commercial District. Chairperson Honan asked that since all 18 merchants in the downtown had received letters, could Code Enforcement tell the people to remove their items from outside because they are in violation. Assistant Fire Marshall Johnson stated that Code Enforcement could do that. Commissioner Meloni asked if the City is experiencing repeated violations of conditional use permits Assistant Fire Marshall Johnson stated that they have had very good compliance, but when one person starts violating the code then everyone follows. Commissioner Meloni stated that he likes the idea of sending this to the Design Review Board before it comes to the Commission. Commissioner Teglia addressed his concerns about the downtown area and stated that it has been an ongoing problem. He added that there is the sign guide for example and these display guidelines will help them design tasteful displays. He stated that he was against lowering it to a minor use permit status. He suggested static displays and have something more appropriate Associate Planner Upston stated that Norma Fragoso would be working with the applicants on their fa~ade improvements and the Commissioners suggestions would be taken into consideration Assistant City Attorney Lindgren explained to the Commission that the resolution states that the Planning Commission inform any applicant that they should comply with the guidelines. He explained that the word "should" would require the applicant to meet the standards and it is up to the Commission to approve the permit or not. Commissioner Baldocchi and Assistant City Attorney Lindgren entered into discussion and she felt that the word should be "shall". The guidelines are being adopted to support higher standards, and she suggested that to the Commission. Commissioner Teglia stated that this is a brochure with suggestions, and the pictures show more than what can be allowed in some cases. He suggested that the guidelines be adjusted. Commissioner Romero stated that these are the guidelines and if it is made mandatory some people may have to reduce their projects to comply with the guidelines. He suggested that the document be advisory rather than mandatory. Assistant City Attorney Lindgren stated that the word "shall" leaves the Commission with greater discretion. Commissioner Teglia asked if the Commission needs to take action on it, because the use permit is unique to the site and general guidelines cannot be set. Chief Planner Harnish stated that they discussed the level of action that the Commission would take on it and it is not necessary for the Commission to adopt the resolution formally. The Commission can give staff direction to G:\File Cabinet\Old PC\working\minutes\1999\040199.doc Page 5 of 11 know that they are consistent with their expectations for outdoor displays. If the guidelines are acceptable to the Commission, then they can move on without action. Assistant City Attorney Lindgren stated that the resolution says, "the Commission endorses these" to make sure that the Commission understands what the expectations of the guidelines. Motion Romero / Second Baldocchi to adopt the resolution endorsing the outdoor display guidelines. Approved by unanimous voice vote. 5. Panaderia Hernandez Jose & Rita Hernandez, Owner/applicant 401 Grand Ave. UP-98-002 and Categorical Exemption: Class 1 Section 15301(c) One year review of a Use Permit to allow outside display of fresh produce in accordance with SSFMC 20.26.060(a)(b). Associate Planner Upston presented the staff report Public Hearing was opened Jose Hernandez, 458 Baden, stated that the Fire Department visited their business regarding signage. He stated that the smaller businesses are being targeted. Public Hearing was closed. Commissioner Teglia stated that he walked Grand A venue to take pictures. He stated that the permit had conditions that the displays would be a different size, they would not block the right of way and they would not have boxes outside. He added that he didn't have a problem with approving a one-year review but that the boxes not be stored outside, the size of the display be tailored, and the improvement of a more permanent display be expedited. Commissioner Meloni was concerned about the access to the building. He does not understand that when there is a condition of approval and they don't comply with a condition then use is not permitted. Associate Planner Upston stated that there are things that the applicant has been reminded of more than once, and staff recommends that the Commission extend the permit for an additional year. This would allow them to do the overall fac;ade improvement. Commissioner Meloni stated that he does not want this occurring again during that year and that there is a time when they have to stop the violations. Chief Planner Harnish stated that staff has been waiting to get the guidelines in place. The Commission can revoke the permit if they feel it is necessary but the applicant has been trying to cooperate with the City. Chairperson Honan pointed out an Inter-office memo that asked for the applicant to comply with various things by March 16th. She stated that she drove by last Sunday, which was past the 16th, and three of the items had not been complied with. Staff and the Commission entered into discussion on the inter-office memo and it was found that the memo was written in 1998. The problems still persist and that one incentive for the applicant is that they provide some physical changes Chairperson Honan stated that she was hesitant on continuing the item for another year. G:\File Cabinet\Old PC\working\minutes\1999\040 199 .doc Page 6 of 11 Commissioner Teglia stated that the permits were approved last year and that before then the outdoor produce displays didn't exist in SSF. He thinks that the two use permits were delayed because of the outdoor produce display guidelines, which could have been brought to the Commission after the extended use permit for the two sites. Chief Planner Harnish stated that staff has called the applicant, Code Enforcement has been out to the sites. Staff has done regular enforcement. Commissioner Teglia stated that a partnership is not being formed but that they are actually enforcing. Chief Planner Harnish stated that staff is trying to educate the businesses to help them understand how to comply with the regulations. The City wants to support the local businesses, and these are vital and successful businesses. Chairperson Honan stated that she was in favor of outdoor display, but believes that it has to be controlled. This is why she is hesitating on the one-year extension. She asked if the applicants do not comply with the conditions, can the City revoke the use permit. Chief Planner Harnish added that the use permit can be revoked at any time, and that the Commission may want to request a 120-day review. Commissioner Baldocchi stated she voted against the outdoor produce displays. She was encouraged by the decision that they would have guidelines, and once they were adopted a condition would be added to have the applicant work with Redevelopment money to buy bins. She suggested a six-month review. Commissioner Meloni stated that there was nothing that would assure the Commission that the applicant would meet the new conditions because they did not meet the old conditions. Commissioner Romero asked the applicant why they put out plastic cartons and the boxes on top. Rita Hernandez stated that it was because a lot of the clientele is elderly and it is easier for them to get the items. She corrected a statement about the applicant putting prices on bags and she stated that they never put prices on the bags. She stated that the cartons are in the boxes because people were getting slivers, the items cannot go in plastic bags because they sweat and will go bad. She added that she was waiting for the staff to let her know when they would be able to change the bins. She continued to ask about the signage, and added that she would work with staff. Vice Chairperson Sim stated that he approved the use permit a year ago thinking that it would move along in a good direction. He stated that he would have to vote against the use permit and have them come back with an organized design. Commissioner Romero recommended that the applicant can accomplish the same thing with the existing use permit, and setting it for a one-year review. This would give them time to comply with the regulations, this way they do not have to go through the application process. Commissioner D'Angelo asked if the parties have received Redevelopment monies. Associate Planner Upston stated that the Community Development Block Grant Fund money has not been distributed, and is an improvement project that has not been issued yet. Staff and the Commission entered into discussion on the funds and the reasons for delay. Staff was waiting for design guidelines to be completed and staff has been overwhelmed with a lot of work. Staff would need about 90- 180 days to work with the applicant. G:\File Cabinet\Old PC\working\minutes\1999\040199.doc Page 7 of 11 Commissioner Teglia stated that the use permit to allow the outdoor display was approved to have them make things better. Another portion of the approval was that they improve the fa~ade. He suggested that the use permit be terminated or suspended, and they have to support all the businesses in the City. Commissioner Romero stated that this is not supporting the businesses. He added that there is an application that has been approved and issues that need to be resolved, but he did not anticipate on delaying the process for a year. Chief Planner Harnish responded that the money could be put together within a couple of weeks and the implementation of the regulations can take about 2-3 months. Chairperson Honan stated that the owner is getting confused with the use permit and the block grant fund. She asked if staff could sit down and explain the use permit to the applicant if it is extended. Chief Planner Harnish reassured Chairperson Honan that it would be done. Commissioner Baldocchi asked if the Commission suspends the permit, does it mean that the applicant will have to go through the whole application process again. Chief Planner Harnish stated that suspending the permit is not an option and that they can either extend it with a review or revoke the permit. If the permit is revoked, it is a $600.00 fee for the application process, and that would take about 3 months. Commissioner Meloni suggested that the Commission extends the permit for six months with the condition that if the applicant violates the conditions once, then the use permit is revoked. Chief Planner Harnish suggested that the Commission extend the permit for six months and add a 30-day period starting from the date of approval that they bring everything into compliance. Following the 30-day period then the first violation staff would initiate revocation hearings, and they would work with on the block grant programs. Motion Meloni / Second Romero to approve the a review according the Chief Planner Harnish's suggested language on Commissioner Meloni's motion. Vice Chairperson Sim added that he is comfortable with this approval because staff needs to work with the applicant, and the work needs to come from both directions. Commissioner Teglia stated that there be immediate compliance with the display, and that the concerns with the displays be met before the 30day period is finished. Ayes: Commissioner D'Angelo, Commissioner Meloni, Commissioner Romero, Commissioner Teglia, Vice Chairperson Sim and Chairperson Honan Commissioner Baldocchi, None Noes: Abstain: Motion passed by majority roll call vote. 6. J alisco Produce Market, Jose Ayar, Owner Roberto & Jose Ayar, Applicant 441 Grand Ave. UP-98-019 and Categorical Exemption: Class 11, Section 15311(c) One year review of a Use Permit to allow outside display of fresh produce in accordance with SSFMC 20.26.060(a)(b). G:\File Cabinet\O Id PC\working\minutes\1999\040 199 .doc Page 8 of 11 Associate Planner Upston presented the staff report Chief Planner Harnish recommended that the Commission take the same action with this case because the applicant feels that they have not been treated fairly. The applicant, Roberto Ayar, was not present. Public Hearing was opened. Jose Hernandez, 458 Baden, stated that he thinks a violation took place because of competition between businesses. Commissioner Romero stated that they should compete to who looks the best. Commissioner Teglia stated that half the problem is education and knowledge. Public Hearing was closed. Commissioner Teglia stated that he had no problem with extending or terminating this applicant's permit, but the lack of cooperation from this applicant appears to have been worse and that the violations are larger. Commissioner Romero stated that they should be consistent with both businesses. Motion Romero / Second Te2lia to approve the use permit with the same language that was used for the previous case. Approved by majority voice vote with Commissioner Baldocchi voting no. Recess was called at 9:35 Meeting recalled to order at 9:45 ADMINISTRATIVE BUSINESS 7. Items from Staff . Study session for PUD exceptions. Chief Planner Harnish prefers to have all of the full time staff present for the PUDs and Exceptions and one of the Planners was not able to attend. He requested that the item be substituted by a presentation from the Director of Economic and Community Development. Economic & Community Development Director Van Duyn presented himself to the new Planning Commissioners. 'He apologized for not arriving early, because he knew that the Commission would have questions on the CDBG program. He added that he has been invited and will be on an upcoming agenda, per the Chairperson's request, to go through the proposed program in detail Chairperson Honan asked if there was a date for the presentation by Economic & Community Development Director Van Duyn Chief Planner Harnish suggested April 26, 1999, the Terrabay Phase ill public hearing, which was scheduled for April 29, 1999, will be on May 5, 1999 due to a conflict with reserving the Council Chambers. He suggested that April 29th be used as a study session meeting only and that is when Economic & Community Development Director Van Duyn would make his presentation to the Commission. Consensus by the Commission to have a special meetin2 on April 29~ 1999. G:\File Cabinet\Old PC\working\minutes\1999\04.0199.doc Page 9 of 11 Commissioner Romero asked how the revitalization on Grand A venue was doing, especially the Bacchanal restaurant. Economic & Community Development Director Van Duyn stated that the applicant had run into a series of personal problems some of which were financial problems, loss of his financial backing, and the building ran through a series of complications. The City did give the applicant a grant because the building needed a serious electrical upgrade. Construction started there were some weather problems, which caused a leak that, filled up the basement.. They are working right now and this is a tough project, the intention is to get the restaurant up and moving are there and the City is trying to help. Commissioner Baldocchi asked if they were still opening in May. Economic & Community Development Director Van Duyn stated that it was possible if the water leak is fixed soon He explained about the Five Brothers restaurant and the assistance the city is providing. He added that the contributions the City is making include improvements to the parking lot & and some external building improvements. Commissioner Baldocchi asked what monies were being used for that project. Economic & Community Development Director Van Duyn added that they were using CDBG money for the Five Brothers Bar. He gave the Commissioners an example how the monies are used. The rule of thumb on how to distribute is 1) has to be spent in the Community Block Grant Fund target area; 2) it has to be addressed to low income people. He proceeded to explain that Redevelopment Agency Funds were to be used for public improvement purposes and that one exception was downtown. He added that there are other funds that are loaned to attract a business or for major renovations. This is good low interest money. He added that a new health center is going into 306 Spruce A venue, which is being renovated in order to have the County go into the building the City has to put in all the basic equipment. He proceeded to name some other projects: improved lighting in the downtown, clean-up of backyards along the lanes, Artrise, 40-unit low income housing project, and relocation of St. Vincent De Paul facility. Commissioner Teglia asked about the Central Fire Station. Economic and Community Development Director Van Duyn stated that they had an assessment done of all the Fire Stations and that Fire Station #3 and the Central Fire Station needed to be replaced. They are now looking for properties to build a new station or reusing the property. . Chief Planner Harnish's resignation Chief Planner Harnish announced that he was resigning as of the middle of May. He explained that he is going to pursue his candy business full time, and that this has been a hard decision. 8. Items from Commission Commissioner Teglia expressed his appreciation in having Richard Johnson, Code Enforcement representative, present at these meetings. He requested that there be a letter drafted for the Council thanking them for the opportunity for attending the Conference in Monterey, adding that the conference was a benefit to the Commission and to the City. He also asked that Council the to allow the Commission to attend conferences Consensus of the Commission to have staff draft a letter thankin2 the Council for the Conference.1Jhe.letier. woura.also..reliue.st.Tunas..Tor.(iil(litionaZconTere.nces~.anatohave.alZ....(giimmissione.rs..sifili..tne..le.fter. G:\File Cabinet\Old PC\working\minutes\1999\040199.doc Page 10 of 11 Chairperson Honan is organizing a dinner for Robert Masuda and invited those that are interested in attending. 9. Items from the Public 10. Adjourn Motion Meloni / Second Te2lia to adiourn The meeting was adjourned at 10:30 p.m. ~P? 0 /~ fl-- ~~~/ ~.y ith onan, Chairperson U:Planning Commission City of South San Francisco Secretary to the Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting April 15, 1999, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. JH:bh G:\File Cabinet\Old PC\working\minutes\1999\040 199 .doc Page 11 of 11