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HomeMy WebLinkAbout03.04.99 Minutes CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE March 4, 1999 CALL TO ORDER / PLEDGE OF ALLEGIANCE The meeting was called to order at 7:30 p.m. ROLL CALL / CHAIR COMMENTS MEMBERS PRESENT: Chairperson Honan, Vice Chairman Sim, Commissioner Masuda, Commissioner Romero, and Commissioner Baldocchi MEMBERS ABSENT: Commissioner Teglia ALSO PRESENT: Planning Division: Jim Hamish, Chief Planner Susy Kalkin, Senior Planner Mike Upston, Associate Planner Mike Lappen, Consultant Planner Adam Lindgren Richard Harmon Ray Honan City Attorney: Engineering: WQCP: AGENDA REVIEW No change ORAL COMMUNICATIONS CONSENT CALENDAR 1. Winston Manor Shopping Center Kelly Moore Paint Co., Inc.-owner/applicant 101 Hickey Blvd. UP-99-012 and Categorical Exemption Class 1, Section 15301 (a) Use Permit allowing a community education use in a C-l Retail Commercial Zone District, in accordance with SSFMC Chapter 20.22.030. Motion Romero / Second Masuda. Approved by unanimous voice vote with Commissioner Teglia being absent. PUBLIC HEARING 2. Materials Recovery Facility (MRF) & Transfer Station! So. S. F. Scavengers, Inc., Applicant Richard Haskins, Owner East Jamie Ct. (Vacant Land) PM-98-013 and EIR under review Parcel Map to divide an existing single parcel, approximately 15 acres in size, into 2 smaller parcels \ \MULDER\ISHAD D\File Cabinet\Old PC\working\minutes\1999\0304.99.doc Page 1 of 9 (identified as Parcell - 10.82 acres and Parcel 2 - 3.44 acres). Consultant Planner Lappen presented the staff report. Assistant City Attorney Lindgren explained that the finding which was added, indicated that the conditions of approval are important to the subdivision and are consistent with the General Plan. He also stated that a condition be added to mention that this keeps the City from being liable for the clean up of the slough. Vice Chairperson Sim asked for the Attorney to give the Commission a summary of the letters received. Assistant City Attorney Lindgren stated that the letters repeat the concerns about the EIR, and staff believes that the document was proper and legal. The letters also address the slough and the Haskins property was subject to the Public Trust Doctrine and are under the jurisdiction of the Public Lands Commission. He clarified that the slough was not subject to the trust. He explained to the Commission that what they decide at the meeting will be inconsistent with the public trust doctrine. Public Hearing was opened. Frank Lettieri, 410 East Grand, stated he had just bought a piece of property and was concerned about the property values going down because of the Materials Recovery Facility. He expressed concern over the loss of money, loss of business, and odors. Assistant City Attorney Lindgren stated that the mitigation-monitoring program was in process. Should the neighbors see that the Scavenger Co. is not complying with these measures, they can call the City and report it. Staff made information available to everyone in regard to this project. Mr. Lettiari asked if the Commission has taken action on the project, and if so what was the purpose of this meeting. He also questioned a phrase on the Public Hearing notice that stated that litigation could only be about issues raised at the meeting. Assistant City Attorney Lindgren stated that they are voting on a subdivision map and that the public hearing notice states that if issues are not raised at the meeting they can not be raised in court. He added that the Mitigation Measures were met. Ralph Kerstetter 44 Montgomery St, SF, represents the Glidden Company, which owns the Fuller O'Brien Plant. He stated that the lead contamination did not come from his client and that there has not been any lead based production on the site since they bought the property. He addressed the issue about subdividing the land and adding it to the adjacent parcel to the north and stated that as long as the land was contaminated his client would not purchase it. He stated that the urgency over the concern on AB939 has led to bad decisions, and shortcuts in the EIR process. He related that the subdivision was an afterthought and was never mentioned or analyzed in detail. He related that the subdivision had not been through environmental studies to comply with CEQA guidelines and it was inappropriate to approve the subdivision without an environmental evaluation. He addressed the slough area being subject to the Public Trust Doctrine, and that the applicant needs approval from BCDC as a condition to the subdivision. Commissioner Romero questioned if the prior owners of the Fuller O'Brien Co. could have been responsible for the contamination on the site. Mr. Kerstetter stated that he has not seen any environmental reports on the properties and could not tell the Commissioner. Commissioner Romero stated that the Commission does not accept documents 48 hours prior to the meeting \ \MOLD EH\ISHAD D\Filc Cabinet\O Id PC\working\minutes\1999\030499.doc Page 2 or 9 and asked why the letter had not been sent earlier. Mr. Kerstetter apologized for the lateness of the letter and related that the 48 hour policy was not a legal requirement. Commissioner Masuda stated that Fuller O'Brien Company had been on the site for 50 years and the South San Francisco Scavengers were going to clean it up and they wanted the City to ask the Fuller O'Brien Company to do the clean up instead. Mr. Kerstetter stated that the City should encourage the clean up by the current property owner. Commissioner Masuda stated that the project should continue while the state agencies do their job. Lawrence Lanctot, representing the O'Brien Corp., stated that he submitted his letter within the 48-hour period. He added that the O'Brien Corp. is opposed to the proposal, and that other companies used the property as well. He pointed out that the property was made up of fill, and that the concern is that the fill, which created the property, was contaminated also. He then proceeded to address the lack of noticing on the project, which affects the process, the subdivision, and the rights of his client as a property owner. He pointed out that the jurisdiction of the BCDC is not limited to a 100-foot band but they have jurisdiction over the subdivision that the Commission is considering. He then addressed the Public Trust Doctrine and how the City of SSF is a party defendant in a lawsuit involving the property line between the Haskins, Glidden, and Fuller O'Brien Corp. properties. He added that the judgment was entered in ] 972 and was a matter of public record. He proceeded to read a comment by the Miller & Starr firm. He addressed the Map Act, which allows the City to consider subdivisions and that the City needs to delineate where the jurisdiction of the Attorney General ends to act upon this subdivision. Anne Mudge, Attorney for SSF Scavenger Company, pointed out that the subdivision had been contemplated since the beginning of the project. It is described in the EIR as part of the project under the project description. She proceeded to address the issues pointed out by the attorneys. 1.) It would be unfair to require the Scavengers to take title of a property that is contaminated. 2.) BCDC has a practice and procedure that the local entity must approve everything before they can act on their jurisdiction. 3.) The Public Trust Doctrine applies to tide and submerged lands, which protect the publics' use of those lands. 4.) The 1972 Judgement quieting title stated that the filled area is free of the Public Trust Doctrine. 5.) Wetlands research associates have delineated the boundaries of the slough. Commissioner Baldocchi questioned why the Parcel Map did not go before the Commission with the rest of the project. Ms. Mudge stated that the map was not prepared at the time the entitlements were ready for the Commission's approval. Commissioner Masuda asked staff and the Assistant City Attorney to answer the comments of the previous attorneys. Assistant City Attorney Lindgren agreed with Ms. Mudge on her explanation of the issues. He explained that the action of the Commission would not create a conflict with the Public Trust Doctrine. BCDC will not consider the project until actions are taken by the Commission. The arguments raised were not on the impacts on surrounding developments. Mr. Lanctot added that the question was the rights of other parties to the land. He stated that the State Lands Commission is interested in the property. \ \MULD ER\ISHAD D\File Cabinet\O Id PC\working\minutes\1999\030499.doc Page 3 of 9 Ms. Mudge stated that the subdivision does not have impacts on Public Trust rights that exist. The division does not change anything. She stated that the State Lands Commission could assert Public Trust rights over any portion of the property. Public Hearing closed. Commissioner Baldocchi questioned if the Parcel Map was going to the City Council. Chief Planner Harnish replied that Parcel Maps are not required to go to the City Council. Commissioner Baldocchi asked why the subdivision was temporary and not permanent. Chief Planner Harnish replied that the plan is to have the parcel merged back into the current parcel or to the parcel to the north after the clean up has occurred. Commissioner Baldocchi asked about the work plan and what the time frame was on it. Chief Planner Harnish replied that the work plan had been drafted and it has been submitted to the Regional Board. He proceeded to explain the process of characterizing, the level of contamination, preparing a cleanup plan, and the basis for the cost estimate for the cleanup would come out of it. Commissioner Baldocchi asked if the property owner could default and not clean it up. Chief Planner Harnish stated that the property owner would have to enter into a binding agreement or provide a cash deposit. If the property owner does not go into the binding agreement the cash deposit would be used to accomplish the clean up. Commissioner Baldocchi questioned who would be responsible to clean up the site. Chief Planner Harnish replied that under that circumstance the City would be responsible. Commissioner Romero asked if the applicant or the property owner had agreed to the clean up. Chief Planner Harnish stated that they have. Commissioner Romero stated that the comments given by the attorneys were very convincing, but that he would go along with the City Attorney's recommendation. Commissioner Masuda and Vice Chairperson Sim agreed with Commissioner Romero on the need to rely upon the City's legal staff. Motion Masuda/Second Romero. Approved by majority voice vote with Commissioner Baldocchi voting no, and Commissioner Teglia being absent. 3. Mary Lonati/owner Francisco Chavarria/applicant (Chavarria's Market) 900 Linden A venue UP-99-010 and Categorical Exemption Class 1 Section 15301(a) Use Permit allowing a retail store within 200 ft. of a residential district in a C-l Retail Commercial Zone District in accordance with SSFMC Chapter 20.22.030. \ \M ULDEH\I SHAD D\File Cabinet\O ld PC\working\minutes\1999\0304.99.doc Page 4. of 9 Senior Planner Kalkin gave the staff report. Francisco Chavarria stated that Senior Planner Kalkin covered everything and he was available for questions. Pedro Gonzalez, 805 Olive A venue, was concellled about liquor or wine being sold in the area, litter around the building, and the appearance of the building. Chairperson Honan asked the applicant if he would be selling liquor, beer or wine at the site. Mr. Chavarria stated that he was not planning to sell beer, liquor or cigarettes Mr. Gonzalez added that the store looks nice and he sees a lot of customers go into the store. He also questioned if the catering huck was going to be kept on site. Senior Planner Kalkin stated that there is a condition requiring the truck not be on site. John Mascio, 912 Linden A venue, proceeded to explain how the site was first designed for a grocery store. He has seen businesses come and go to the site and he hopes that this one is successful. Public Hearing was closed. Commissioner Masuda asked about the catering truck, if the use permit went before Design Review, and about the hand painted sign. Senior Planner Kalkin replied that the awning went before the Design Review Board and that it would include professionally done lettering. Commissioner Baldocchi stated that the Commission has been dealing with the two outdoor produce displays on Grand Avenue, she would like this pelmit to be consistent with the other two permits. She wanted the design standards to be consistent throughout the City. Conlmissioner Masuda asked if the applicant was consistent with the outdoor display guidelines. Senior Planner Kalkin stated that the permit was consistent with the guidelines. Commissioner Baldocchi asked about having the applicant work with the City to fix the fa<;ade. Senior Planner Kalkin answered that the language about CDBG funds could be incorporated as a condition. Vice Chairperson Sim stated that this would help the applicant. Commissioner Baldocchi wanted some upgrades and assistance given to the applicant. Commission and Staff entered into discussion on adding a condition in regards to applying for CDBG funds and if the applicant does fall into the target area. It was unclear if the site was in the targeted Redevelopment area and Commissioner Baldocchi encouraged the Commission to consider adding such a condition. Chairperson Honan asked if the landscaping would be a minimum of 10% and if the existing landscaping would be improved. She is concerned about the quality of landscaping and not in the percentage. Senior Planner Kalkin stated that the conditions could be revised to clarify that the applicant must replace \ \MULDER\I SHAD D\File Cabinel\O Id PC\working\minules\1999\030499.doc Page 5 of 9 any dead materials. Commissioner Romero indicated that he is comfortable with approving the permit as long as it is consistent with the outside display guidelines that will come before the Commission. Chairperson Honan questioned a condition which requires that the trash be picked once a week, she wanted to know how it would be monitored. Senior Planner Kalkin replied that the condition had been applied to the previous use permit and was added to this one, since it had been a problem with the previous use. Commissioner Baldocchi asked if the conditions from the Grand A venue uses could be added. Commissioner Romero stated that it was hard to set a condition on the applicant to pursue a Block Grant Fund if he does not want to do so. Motion Masuda / Second Romero to approve the permit with a six month review. Commissioner Masuda stated that the permit should be approved and they should not require the applicant to get a grant. Commissioner Baldocchi stated that the conditions should be consistent for outdoor display. Motion Baldocchi/ Second Sim to amend the conditions of approval to add conditions A and B to the Use Permit for Chavarria's Market. Commissioner Romero felt that the Commission should not force the applicant to pursue a grant if he does not chose to do so. Chairperson Honan asked for a roll call vote on Commissioner Baldocchi' s amendment to the original motion. Ayes: Noes: Absent: Commissioner Baldocchi and Vice Chairperson Sim Commissioner Romero, Commissioner Masuda, and Chairperson Honan Commissioner Teglia Chairperson Honan asked for a roll call vote on Commissioner Masuda's motion with a six-month review. Ayes: Noes: Absent: Commissioner Romero, Commissioner Masuda, Vice Chairperson Sim, and Chairperson Honan Commissioner Baldocchi Commissioner Teglia Item approved with a six-month review by majority roll call vote. 4. SSF Grand A venue Baptist Church, Owner/Applicant 311 Eucalyptus Ave. @ 800 Grand Ave. UP-99-003, V -99-003 & ND-99-003 Use Permit allowing a Church & Sunday School in an R-2-H Zone District, in accordance with SSFMC 20.18.030 (b). Associate Planner Upston presented the staff report. \ \MULD EH\ISHADD\File Cabinet\O Id PC\working\minutes\1999\030499.doc Page 6 of 9 Paster Richard Nealy, applicant/owner, stated that they have been working with the Planning Division, community, and the HistOlic Preservation Commission for two years. John Lucchesi, John Mathews, Architects, stated he was available to respond to questions about the project. He added that there was never an attempt to replicate the existing building, but to design a new building that would fit in with the neighborhood. He added that they tried to create a tall space to maximize the spiritual feeling to the church, and that the landscaping has been enhanced. Commissioner Romero questioned how wide the building is on the site and the amount of yard setbacks. He asked why there wasn't a larger front yard for people to stand around and talk. Mr. Lucchesi replied that the size of the rear yard is the required minimum of 15 feet, front setback is 15 feet. The church could not be pushed any further back. The building is designed to accommodate the needs of the church. Conlnlissioner Masuda questioned if the applicant was going to improve the appearance of the building. Mr. Lucchesi stated that it was not the intent to renovate the existing building. Commissioner Baldocchi mentioned that it is difficult to see a building like this go, and trusts that Mr. Lucchesi will treat it sensitively. She asked if the front entrance would remain a French door Mr. Lucchesi stated that yes the French doors will go in and that the entire width is glazed with windows surrounding it. Commissioner Baldocchi asked how large the side windows were compared to the windows on the Oliginal house. Mr. Lucchesi stated that they were smaller. The new windows were 2'X2' and that the old ones were 4'X4. Commissioner Baldocchi questioned the dormers. Mr. Lucchessi stated that the dormer window lets light into the main space, and that they are on either site. They are intended to bring in light and also to break up the long roof of the building. Vice Chairperson Sim asked about the colors of the building. Mr. Lucchesi stated that the colors are neutral. Conlmissioner Baldocchi asked if there were some historical artifacts that that could be submitted to the Historical Society. Mr. Nealy stated that there was no problem with that and that the Historical Society could come in and take anything they would like. Ms. Edna Harks, stated that she has lived in that neighborhood for years. She is bothered by the size of the house and thinks that it is too big for the neighborhood. She objected to the dormers and building that it did not blend with the neighborhood. Many people have objected and it should be rethought. Public Hearing was closed. Commissioner Baldocchi questioned what the original footprint was. \ \MULDER\ISHAD D\File Cabinel\Old PC\working\minules\1999\030499.doc Page 7 of 9 Mr. Nealy stated that the square footage was 50 x 60. Associate Planner Upston stated that the existing Sunday school building is approximately 1800 sf and the proposed is 3000. Commissioner Baldocchi asked the applicant to soften up the donners. Mr. Lucchesi stated that anything can be designed, and he added that he was not prepared to address the concenlS because it is the first time they come up. He thought that there is a reason for doing things that way and the front entry porch is to be consistent with the interior. Chairperson Honan asked if Design Review had addressed those issues, and how much it would cost to refurbish the house. Mr. Lucchesi stated that a cost study was never done, but there was an attempt to look at that alternative. The old building type does not lend itself to being remodeled as an assembly space, because there would have to be tearing down of walls, restructuring of the roof, and all the repair of the bad conditions of the building. Chairperson Honan asked about which hours are of the most heavily populated service. Mr. Nealy stated that it was the 10:45 Sunday worship. Commissioner Romero commented that the nature of churches is to have a steep pitch and the architect has done a good job in keeping the pitch low. Vice Chairperson Sim questioned if the architect hied another shape of roof. Mr. Lucchesi stated that the pitch was lower and it was not balanced. They tried to get up to have it seem like a church on the inside. They did not try it with a flat roof. Motion Romero / Second Masuda. Approved by unanimous voice vote with Commissioner Teglia being absent. ADMINISTRATIVE BUSINESS 4. Items from Staff Chief Planner Harnish stated that he had 3 items for discussion . New Planning Commissioner Chief Planner Harnish stated that the Director of Human Resources infonned him that the city Council scheduled interviews for March 17th, and shortly after that they should have a full Commission. . Planning Commissioners' League Conference Chief Planner Harnish suggested car-pooling and would organize something instead of having all the Commissioners drive separately. Commissioner Masuda stated that he had an appointment on Friday and would be driving back. \ \MULD ER\ISHADD\File Cabinet\O Id PC\working\minutes\1999\030499.doc Page 8 or 9 Vice Chairperson Sim stated he had obligations to a client and would also be driving back on Friday. Conlmissioner Romero stated that the last day there is a closing speaker and that there is a luncheon. He encouraged the Commission to make plans to stay for the last day. . Proposal of the Extended Stay Motel Chief Planner Harnish infOlmed the Commission on a Daly City proposal for an Extended Stay Motel on the flat vacant piece of ground across the street from the gas station at I 280 and Hickey Blvd. The City Council has instructed him to follow this carefully and staff has been prepaIing comments on the Negative Declaration. This has become a controversial project. West Winston Manor, Huntington Terrace and Crown Colony homeowners associations have been very concel11ed about it. Daly City will be doing a traffic study on Hickey Boulevard. Conlnlissioner Masuda stated that they should do a parking study because of the bumper traffic. Conlmissioner Romero stated that it was adjacent to the exit at Hickey Boulevard, and thought it was an ideal spot for an exit to be placed. This way people would not be going through Hickey Boulevard. . Dinner reservations for the League of Cities Conference Assistant City Attorney Lindgren has made reservations for Thursday night and it will be at 8 p.m. because of the Planning Commissioners get together after the conference. 6. Items from Commission Commissioner Masuda asked about a business on the comer of Cypress and Grand and a vent that comes out about eight feet. He had some concerns about the grease that is causing a fire hazard. Battalion Chief Johnson stated that he would take a look at the problem. 7. Items from the Public 8. Adjournment Motiop Masuda / Second Romero. Meeting was adjourned at 10:20 p.m. Jim ~~~...~ Seer t lry . the Planning Commission City . ~ So San Francisco ~.~ ~onan, Chairperson 0i>lanning Commission City of South San Francisco NEXT MEETING: Regular Meeting March 18, 1999, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. JH:bh \ \MULD ER\ISHAD D\File Cabinet\O Id PC\working\minutes\1999\030499.doc Page 9 of 9