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.
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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.
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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.
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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.
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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
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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.
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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.
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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).
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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.
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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.
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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
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