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HomeMy WebLinkAbout07.01.99 Minutes CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE July 01, 1999 CALL TO ORDER / PLEDGE OF ALLEGIANCE mave], The meeting was called to order at 7:30 p.m. ROLL CALL / CHAIRMAN COMMENTS MEMBERS PRESENT: Chairperson Honan, Vice Chairperson Sim, Commissioner Baldocchi, Commissioner D'Angelo, Commissioner Meloni, and Commissioner Teglia MEMBERS ABSENT: Commissioner Romero STAFF PRESENT: Planning Division: Chief Planner Sparks Senior Planner Kalkin Senior Planner Upston Consultant Planner Michael Lappen Marty Van Duyn Assistant City Attorney Lindgren Richard Harmon Michael Massoni Rocque Yballa Econ. & Community Dev. City Attorney: Engineering Division Police Department: Building/Fire AGENDA REVIEW Chairperson Honan welcomed new Chief Planner Sparks. Chief Planner Sparks added that item 5 on the Consent Calendar had been withdrawn. ORAL COMMUNICATIONS CONSENT CALENDAR 1. Approval of June 3 and June 17, 1999 Regular Meeting Minutes. 2. Claude P. Nichols/owner Ping Hsu/applicant 294 Hillside Blvd. GP, RZ, PM, PUD-99-011 General Plan Amendment to change the landuse designation from Commercial to Medium Density Residential, rezoning to change the zoning from C-l Retail Commercial to R-2-H Medium Density Residential, Planned Unit Development to construct 4 townhomes, and Tentative Parcel Map to create 4 lots. (Recommending continuance to 7/15/99 S:\Minutes\070199.doc Page 1 of 9 3. Aegis Assisted Living Properties LLC, Applicant Thomas J. Callan, Jr., Owner APN#091-661-220 Vacant Lot between 2300 & 2400 Westborough Blvd. GPA-99-027, PM-99-027, UP-99-027, V-99-027 and ND-99-027 General Plan Amendment modifying policies 10-3, 10-3A and 10-4, Tentative Parcel Map to split the site into 2 lots, Use Permit allowing an assisted living facility, and Variance to exceed height limit. (Recommending continuance to 7/15/99) 4. Robert Mantegaui/owner-applicant 501 Woodside Court PUD-99-094 and Categorical Exemption Class 1, Section 15301 Planned Unit Development to allow minor addition to the front of a single family home. 5. HMS Gateway Office, L.P./owner-applicant 801-951 Gateway Blvd. PM & PUD-99-095 Parcel Map to resubdivide a 9.4 acre parcel (Gateway parcel 5) into 4 parcels with reciprocal parking and access easements provided throughout, and a Planned Unit Development permit to allow lots, which do not front on a public right of way. ITEM WITHDRA WN BY APPLICANT 6. Bahay Kubo/Revelo-applicant R. Giorgi, Owner 203 Linden Ave. UP-97 -054 6-month review of Use permit to allow commercial recreation use (karaoke & dancing) with hours of operation until 2:00 A.M. within an existing full service restaurant. SPEAKER FOR AEGIS Kelvin Choi, wanted to speak on item 3, stated that he had not seen the proposed plans for the Aegis application. He was concerned about his suite facing the building and explained that his lease extends to 2020 and didn't want this building next to his suite. The Commission pulled items 1, 3,4, and 6. Motion Sim / Second Meloni to approve the Consent Calendar with the exception of items 1, 3,4,5, and 6. Approved by unanimous voice vote with Commissioner Romero being absent. CONSENT CALENDAR - PUBLIC HEARINGS 1. Approval of June 3 and June 17, 1999 Regular Meeting Minutes. Commissioner Baldocchi requested corrections to the minutes of June 3 and June 17. Chief Planner Sparks suggested that the item be continued to the next regular meeting. v.Iotion Sim / Second Baldocchi to continue the minutes to July 15, 1999. Continued by unanimous voice vote. Aegis Assisted Living Properties LLC, Applicant S :\Minutes\070 199 .doc Page 2 of 9 Thomas J. Callan, Jr., Owner APN#091-661-220 Vacant Lot between 2300 & 2400 Westborough Blvd. GPA-99-027, PM-99-027, UP-99-027, V-99-027 and ND-99-027 General Plan Amendment modifying policies 10-3, 10-3A and 10-4, Tentative Par'cel Map to split the site into 2 lots, Use Permit allowing an assisted living facility, and Variance to exceed height limit. (Recommending continuance to 7/15/99) Senior Planner Kalkin clarified that the item was being continued due some unresolved issues. She added that staff would work with the speaker to address this issue. Public Hearing opened. There being no speakers the public hearing was closed. Motion Sill / Second Meloni to continue the item to 7/15/99. Continued by unanimous voice vote with Commissioner Romero being absent. 4. Robert Mantegaui/owner-applicant 501 Woodside Court PUD-99-094 and Categorical Exemption Class 1, Section 15301 Planned Unit Development to allow minor addition to the front of a single family home. Senior Planner Kalkin gave a brief staff report )ublic Hearing opened. There being no speakers the public hearing was closed. .=ommissioner Meloni stated that he wanted a clarification between RPD and PUD. Senior Planner Kalkin added that the precursor to the Planned Unit Development was a Residential Planned Development Permit. Commissioner Meloni asked if there was a mechanism in place at that time to make additions to homes. Senior Planner Kalkin noted the original conditions of approval were attached, which stated that minor additions could be approved by staff but anything in the front of the building would have to be approved by the Planning Commission. Commissioner Meloni was concerned that this would change the design of the original development. Senior Planner Kalkin stated that the intent was to bring any visible change back to the Commission to ensure compatibility with the original design. Commissioner Meloni asked if any of the neighbors were concerned with the addition. Senior Planner Kalkin stated that no comments had been received. Commissioner Baldocchi asked how many alterations were done to the Planned Unit Development. Senior Planner Kalkin responded that this was the first in the neighborhood to request such an addition and added that many lots did not have room to make additions and keep within the original setback requirements. Commissioner Baldocchi was concerned that the addition in front because of a controversial addition that happened several years ago at the development above Stonegate that went before the City Council. An argument that she recalled was that the addition could change the integrity of the neighborhood. She was happy that the addition before her was architecturally consistent but was concerned about the precedent and about the type of additions that may follow. Chairperson Honan asked if all the neighbors had been notified and if there were other requests for additions. Senior Planner Kalkin stated that there had not been any requests for additions in the front and noted that additions to the rear of the property do not require this type of review. Chairperson Honan asked when the subdivision was built. Senior Planner Kalkin replied that the original approval was in 1986. =ommissioner Teglia stated that PUDs were becoming lax and were also becoming a tool to grant what otherwise couldn't be granted. He pointed out that the original conditions of approval talked about additions being on the rear S:\Minutes\07 0199 .doc Page 3 of 9 'Jf the property rather than being in the front. He added that a PUD maximizes the entire development, and the jevelopers left leeway to expand in the rear. He added that he was leery to change this and echoed Commissioner Meloni's concerns to review the PUD process. Commissioner Baldocchi added that several years ago there was a proposal for an addition that went to the City Council. The addition went against the original vision for the neighborhood and the same goes for the project before the Commission. Vice Chairperson Sim asked that the applicants should give more context to see how the project relates to the area. He added that this would help the Commission to make a better decision if they had a site plan. He noted that this would show the visual impact. He asked for clarification on the staff analysis. The original project standard said that there is a 20-foot setback, 15 toward the garage and the living area, and according to this is that the proposed project will have more of a setback. Senior Planner Kalkin explained that the original conditions of approval set standards that they must have a minimum setback. Some of the houses were setup at different setbacks and were staggered. Vice Chairperson Sim added that he would like a site plan to see the big picture and to be fair. Bob Mantegani, 501 Woodside Court, explained that the RPD process was not like the PUD. The development was designed as a minimum 50 X 100 feet square foot single family subdivision. The reason the area was zoned RPD was to have control of the architectural design. The houses were developed with more than a minimum setback. He added that the PUD process came into place because many developers were trying to squeeze more units by shaping the lots differently. He added that the additions taking place were rearyard additions and there have not been many front yard additions because of the expenses incurred during the process. He explained that a precedent is set in any development that an addition is proposed. ::hairperson Honan added that in her neighborhood there are many people adding a second floor and that they are not letting a precedent. She added that she does not see a problem with the addition. Commissioner Meloni added that Lhe design is fine, and wants information on the PUD process because it is unclear to him. Commissioner Teglia echoed Commissioner Meloni's concerns, and added that staff has abused the process. He added that there has to be a better way to address these issues without using a PUD. Senior Planner Kalkin agreed that the PUD is used in unusual ways in the City and a lot has to do with zoning. The City's zoning in certain areas require projects to be processed as PUD'S. She also agreed that discussions should be continued on the PUD process. Motion Meloni / Second Te2lia to approve PUD-99-094 unanimously approved with Commissioner Romero being absent. 6. Bahay Kubo/Revelo-applicant R. Giorgi, Owner 203 Linden Ave. UP-97-054 6-month review of Use permit to allow commercial recreation use (karaoke & dancing) with hours of operation until 2:00 A.M. within an existing full service restaurant. Mike Lappen gave a brief staff report. Public Hearing opened. There being no speakers the public hearing was closed. Commissioner Teglia asked if the restrictions on the bands were still there. Consultant Planner Lappen added that the estrictions were still there and if in the last 6 month review the Police Department was asked if there were any riolations on the permit. They were complying with the conditions and there had been no major violations, and no ~omplaints on the project. Commissioner Teglia added that staff takes on a lot of responsibility with ECD on many S:\Minutes\070199.doc Page 4 of 9 projects and was concerned about the responsibility being changed from the property owner to the City. He added that he did not have a problem going with staff's recommendation and the removal of the can sign is not difficult and :an be arranged. Consultant Planner Lappen thought combining the removal of the sign and the fac;,:ade improvements would be more efficient. This was not the case because it had taken a year to do the work. There is also the balance of being a friendly City and working with the downtown businesses to improve themselves. Commissioner Baldocchi asked when the 90 day period started for the applicant to remove the can sign. Consultant Planner Lappen added that it started last week, and the applicant has been cooperative. Vice Chairperson Sim wanted to see the drawings from the applicant. Consultant Planner Lappen added that the drawings with the original staff report were the original drawings and do not represent what ECD will be doing. ECD's policy is that if they hire an architect the drawings do not need to go through the Design Review Board. He added that the drawings would be in the next packet. Motion Te~dia/ Second D'An2elo to approve subject to the 90 day removal of the can sign, and that ECD work with applicant. Unanimously approved with Commissioner Romero being absent. PUBLIC HEARING - AGENDA ITEMS 7. Oroweat/BestFoods-applicant/owner 264 So. Spruce Ave. UP-99-039 and Negative Declaration ND-99-039 Use Permit allowing an expansion of a non-conforming use in the Planned Commercial zone district. )enior Planner Carlson gave the staff report. rublic Hearing opened. Matt Schwiekert, Best Foods, stated that the expansion allows a win-win situation and it will change the way they operate. The end result of the changes is that they will achieve 15,000 sq. ft of additional space. He added that the neighbors needs will be met. Public Hearing closed. Commissioner D'Angelo asked if there was any sound testing on the effectiveness of the wood fence. Senior Planner Carlson responded that the fence design is part of the noise mitigation program. The fence is estimated to have a 2 decibel reduction. Commissioner D'Angelo asked what the decibel level with the trucks on the residential side. Senior Planner Carlson added that the decibel levels could get as high as 87 decibels. Commissioner D'Angelo asked what is the decibel level for the ANIP program was. Chief Planner Sparks explained that the Aircraft Noise Insulation Program is triggered by a 65 CNEL, which is an averaging measurement. The 87 decibels is a peak noise level. The noise measures that the applicant has agreed to will help reduce the noise. Rather than putting up a high noise wall they can reduce the noise as close to the source as possible. Commissioner D'Angelo asked if a wall like those seen on the freeway was possible. Chief Planner Sparks responded that they are very expensive sound walls. Chairperson Honan added that the trees are for noise barrier and the fence should be higher than 6 feet. Chief Planner Sparks added that the trees are for visual screening and are not valuable in reducing the noise. Chairperson Honan asked if the fence will help. Chief Planner Sparks added that the most affected neighbors are the closest to the noise. -:hairperson Honan asked how tall the trucks were from the smokestack to the bottom of the tires. Senior Planner :arlson added that the stack is about 11 or 12 feet. Chairperson Honan added that the trucks are double the size of the ence. Chairperson Honan asked about the trucks moving to Oakland. Senior Planner Carlson added the maintenance facilities are moving to Oakland facilities, which is one of the most significant source of noise. S :\Minutes\07 0 199 .doc Page 5 of 9 Commissioner Teglia added that he would be comfortable with having a ten-foot fence, to reduce the noise. He added that a soundwall could be a simple fence and that there might be other options that can be researched. He asked if the new trees would be a better visual screen. Senior Planner Carlson added that the neighbors raised this issue at the community meeting, where they were given choices of different varieties of trees. They agreed that this is the best kind of tree. Commissioner Teglia asked about the landscaping where the requirement is 10% and this project only proposed 8.1 %. Senior Planner Carlson added that they are low and the landscape buffer in the rear was wider but as the previous use permits were approved, the landscaping was reduced by about 5 feet. Commissioner Teglia suggested that they add landscaping to the front of the property and meet the 10% requirement. Commissioner Meloni asked how old the existing fence was. Senior Planner Carlson responded that it was 3 years old. Commissioner Meloni also thought that the fence should be more than 6 feet tall and asked when the loading is done. Mr. Schwiekert responded that it is almost all day long particularly from 4 p.m. to midnight. He added that the sound wall would not be an issue with an 8 foot versus a 6-foot fence. He proceeded to explain the procedure of loading and shuttling to the distribution area across the street at the Zellerbach site. Commissioner Meloni added that the Commission is trying to identify if there will be large amounts of noise, he added that if they had a model it would have been easier to visualize the fence. Mr. Schwiekert added that the best noise level estimates are in the noise study. Commissioner Meloni stated his concern about the noise level along the fence. Peter McDonald, Planning Consultant, pointed out on the site map how the truck traffic would be eliminated by the rerouting procedure. He proceeded to explain the decibel levels would be decreasing the changes that Oroweat is going to undertake. He added that for 85% of the day Oroweat will conform to City standards. Commissioner D'Angelo asked what the changes would be during the night. Mr. McDonald added that he was describing the midnight level and that during the day there are two significant noise sources. One is the aircraft overflight and the )roweat operations. He added that there were five days of noise testing. Commissioner D'Angelo asked if the noise evels should be expected to be 60 CNEL'S or around that level during the night. Mr. McDonald added that the 60 ~NEL is an average level and it is currently 74 decibels at the property line. If that is projected to the face of the adjacent houses it is 60-62 decibels due to the current operations. Commissioner D'Angelo asked if a taller fence was built how much would the noise level be reduced. Mr. McDonald added that it would have to be tall enough to mitigate the noise. Chairperson Honan asked how tall the fence would have to be to keep the noise levels down. Mr. McDonald added that the fence would have to be at least 10 feet tall. Vice Chairperson Sim asked if the light fixtures would have diffusers or glare. Senior Planner Carlson added that city ordinance requires no off site glare. Vice Chairperson Sim shared similar concerns as the Commissioners. He asked what kind of decibel attenuation the noise mitigation measures would be achieving. Senior Planner Carlson replied that it was 13 decibels and that this was a significant and noticeable drop. He added that staff will ask that the applicant go back and make an acoustic test that will be reviewed by the Chief Planner to make sure that the Mitigation Program is adequate or needs to be supplemented. Mildred Debose, 547 Myrtle Avenue, added that they made comments at the many meetings they attended. They were gratified that their concerns were taken seriously when Oroweat came up with a final plan. They eXplained the tunnel to the neighborhood so that they would understand how the noise would be mitigated. Ms. Debose added that they are gratified in listening to the Commission voice the same concerns that their neighborhood had. Al Debose added that a ten-foot fence gets unsightly. He preferred trees instead of the fence. He also suggested that the noise should be controlled at the source. He added that both the trees and the fence could work, because the trees would be blocking the unsightliness of the fence. :ommissioner Teglia mentioned that the Ruiz' had written a letter and they wanted to see a taller fence. Senior >lanner Carlson added that they were at the meeting and he asked about the soundwall. He also proposed an 8-foot S :\Minutes\070199 .doc Page 6 of 9 tall fence. Chairperson Honan asked if the fence and the trees were able to be put on the site. Senior Planner Carlson added that this can be done. Chairperson Honan asked if the a ten foot wall is adequate for that area. Vice Chairperson Sim asked if there were any fire code implications. Assistant Fire Marshall Yballa added that anything over 6 feet is considered subject to building code requirements, which may be more stringent than what the zoning requirements are. Nothing is prohibited regarding exposure problems as far as spreading fITes, especially with a concrete wall. Vice Chairperson Sim asked if this item would come back to the Commission. Senior Planner Carlson added that staff would review the project and could bring back the results as an administrative item. Commissioner Teglia asked that a condition be added to remove speed bumps, and a 10% landscaping with an emphasis placed on South Spruce A venue. Motion Sim / Second Te2lia recommending approval of the project with additional conditions: 1) 10-foot wall separating residential area with the site; 2.) removal of speed bumps and; 3) the applicant should make a reasonable effort to increase landscaping to 10% with emphasis along South Spruce Avenue. Approved by unanimous voice vote with Commissioner Romero being absent. Recess called at 9:05 p.m. Recalled at 9:25 p.m. ADMINISTRATIVE BUSINESS 8. General Plan Update City of South San Francisco Citywide Workshop to introduce project to Planning Commission and walk through document. Chief Planner Sparks gave a brief history on the General Plan Updates he has worked on. He added that he has reviewed comments made by the Commission and the City Council at previous meetings. He encouraged the Commission to ask questions regarding the topics in future workshops and this way staff can address these in detail in the future workshops. He also suggested that the meeting be kept short because of the long schedule 'ahead of them. Consultant Planner Lappen and Rajeev Bhatia, Consultant with Dyett & Bhatia, gave the staff report on chapter 1. Commissioner Teglia added that there is a schedule and not everyone will be at these meetings. Chairperson Honan asked if the meetings could be videotaped. Commissioner Teglia recommended that some of the discussions that took place in the past could be discussed and targeted in the upcoming meetings. Chairperson Honan asked where the workshops would be held. Chief Planner Sparks added that the workshops would be held in the Municipal Services Building except for one. It would be easier to have them in the Municipal Services Building because all the equipment is in the building already. Chairperson Honan asked what time the meetings would start. Chief Planner Sparks added that the times were at the discretion of the Commission and the meetings would go on for about 3 hours. -:ommissioner Baldocchi asked that the Commission be notified when the community meetings take place and where. :ommissioner Teglia asked that staff report back on those meetings also. Consultant Planner Lappen added that one neeting has already been set in the Westborough Community Center at 7:30 p.m. on July 27, 1999. He added that the Chamber of Commerce has tried to outreach on the area to get more people involved. Some dates have not been set S :\Minutes\070 199 .doc Page 7 of 9 for the other areas but they might be in July. Chairperson Honan asked that someone from the Chamber of Commerce attend the General Plan Update meetings. The Plannin2 Commission decided that the AU2ust 12~ 1999 meetin2 would start at 6:00 p.m. Chief Planner Sparks suggested that the Commission start their meetings with a presentation from Consultant Planner Lappen and the Consultant from Dyett & Bhatia followed by a discussion by the Commission. Finally they would open it up to the public and the Commission would discuss the item one last time. The Planning Commission agreed. Chairperson Honan suggested that they eliminate a step and just have staff give the staff report, then have the public give their comments, and finally the Commission gets a chance to comment on the item. The Plannin2 Commission decided that this was a 200d format to follow. Vice Chairperson Sim asked that the public be made aware of the elements discussed at the meetings. Consultant Planner Lappen added that there has been an ad posted in the San Mateo Times that outlines the schedule and particular focus of those meetings. He added that a newsletter was being drafted and would be distributed citywide. He added that Homeowners Associations have newsletters going out to their members and that type of outreach has helped because some have contacted that City to get more information on the update. Chairperson Honan asked if the schedule would be posted on channel 3. Consultant Planner Lappen added that this could be worked on also. Assistant City Attorney Lindgren reminded the Commission that when they attend the community meetings it is fine for a majority of the Commission to go to those meetings. They must remain within the exceptions of the Brown Act requirements, which are that they don't discuss the item among themselves when they are at those meetings. They will not be Brown Act meetings but they should keep that exception. ). Items from Staff a) Chief Planner Sparks added that he has felt very welcome in the City. He also made his e-mail address available for the Commission because Commissioner Romero had asked on how they can e-mail staff. Commissioner Teglia suggested that the Commission get a roster, which shows their e-mail addresses but also their direct lines. Chief Planner Sparks asked that if any Commissioners call for any specific issues, e.g. the minutes, they are to go directly to him. He also noted that a memo was sent out from Human Resources Director Bower in regard to a seminar on parliamentary procedures on July 12, 1999 at 7-9 p.m. at the Terrabay Center. 10. Items from Commission a) Chairperson Honan asked that staff draft a letter thanking Richard Johnson for attending all the meetings and in answering many code enforcement questions. The Commission a2reed to have a letter sent to Richard Johnson. She also wanted to know if the Police Department could clean up the tape on a utility pole on Hazelwood and EI Camino Real. b) Commissioner D'Angelo asked if the fence line across from McDonald's was being researched and if they were going to ask them to clean this area up. He added that he has not seen any change since his last request at the previous meeting. c) Commissioner Teglia also spoke about a property across from Sees Candy, which is a gasoline station. He added that there were two pieces of plywood on the sign that were never taken down. He added that the wood additions need to be removed. Chairperson Honan added that the landscaping does not exist on that property anymore and encouraged staff to ask the owner to improve the site. Commissioner Teglia added that the Shell station on the corner of Westborough and EI Camino has removed their mature trees, and he added that more trees should replace these. S:\Minutes\070199.doc Page 8 of 9 d) Commissioner Baldocchi added that portables are being added to the Spruce School playground and noted that nothing can be done about that, but was disappointed about this being done. She was amazed that two school properties have been torn down and now there are portables going up in this playground. She suggested that this be looked at in the General Plan. Assistant Fire Marshall Yballa added that he went over designs for temporary classrooms.. He added that certain portables are designated to address issues or fill space as the school does redevelopment upgrades. He added that there are 15 temporary portables and four permanent portables that will be coming in September. Commissioner D'Angelo added that they were putting some portables at EI Camino High School because of reconstruction. Commissioner Baldocchi asked that the City be vigilant and make sure the slough be cleaned up on a timely basis. The City made a good faith commitment to the applicant. She expressed concern that the clean-up not fall through the cracks and sensed that there was a disconnect in the commitment to having the work completed, not necessarily in the City side. Chief Planner Sparks added that they have been told that the funding has been guaranteed and once the Regional Board has approved the work plan then they will go ahead and work on that. Commissioner Baldocchi added that she senses a disconnection along the line. e) Chairperson Honan asked that the roster from Jennifer Bower be corrected to reflect the correct days of the Planning Commission meetings. Chief Planner Sparks added that he has already contacted Human Resources to have that corrected. f) Commissioner Teglia added that the Commission wants to go in a certain direction and he gave an example of J alisco Market in scheduling the use permit revocation hearing. He added that the Commission made a specific motion to schedule a revocation hearing and staff had a problem with restrictions. Assistant City Attorney Lindgren agreed with Commissioner Teglia's comments. He added that staff could agendise an item to discuss the use permit revocation hearing process. 11. Items from the Public - None 12. Adjourn Motion Sim / Second Meloni to adjourn the meeting. Meeting adjourned at 10:25 p.m. ~~~ Secretary to the Planning Commission City of South San Francisco dit onan, Chairperson Planning Commission City of South San Francisco NEXT MEETING: Special Meeting July 8, 1999, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA S :\Minutes\070199 .doc Page 9 of 9