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HomeMy WebLinkAbout06.17.99 Minutes CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE June 17, 1999 TAPE 1 CALL TO ORDER / PLEDGE OF ALLEGIANCE 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, Commissioner Romero, and Commissioner Teglia MEMBERS ABSENT: None STAFF PRESENT: Econ. & Community Dev.: Director Van Duyn Norma Fragoso Senior Planner Upston Assistant City Attorney Lindgren Sergeant Michael Massoni Planning Division: City Attorney: Police Depaltment: AGENDA REVIEW Director of ECD Van Duyn removed the April 19th minutes from the consent calendar and added them to items from staff. Commissioner Baldocchi removed item number 2 from the consent calendar. ORAL COMMUNICATIONS None CONSENT CALENDAR 1. Approval of April 19, April 29 Special Meeting Minutes, May 6, and May 20 Regular Meeting Minutes. 2. Hot Shots Gourmet Coffee & Tea/Stephanie Miller-applicant Josephine Pasco-owner 219 Grand Ave. UP-99-035 and Categorical Exemption Class 1 Section 15301 (a) Use Permit to allow outdoor seating at 219 Grand Ave. in the Downtown Commercial (D-C) zone district. Motion Sim / Second Meloni to approve the Consent Calendar with the exception of April 19th minutes and item number 2. PUBLIC HEARING - (Consent Calendar) 2. Hot Shots Gourmet Coffee & Tea/Stephanie Miller-applicant Josephine Pasco-owner \ \MULDER\ISHADD\File Cabinet\Old PC\workin2:\minutes\1999\061799.doc P"o"P 1 Aft; 219 Grand Ave. UP-99-035 and Categorical Exemption Class 1 Section 15301 (a) Use Permit to allow outdoor seating at 219 Grand Ave. in the Downtown Commercial (D-C) zone district. Senior Planner Upston gave the staff report. Public Hearing opened. Public Hearing closed. Commissioner Baldocchi asked the applicant if they were going to remove the outside furniture. Susan McNulty, 217 Grand Avenue, stated that they were looking at stackable and chained furniture. Stephanie Miller added that they were looking at durable furniture that could be stored. Commissioner Baldocchi asked if the applicant would have sufficient parking without the thirteen spaces. She introduced some additional conditions of approval: 1.) That the property owner and business owners manage the garbage can and keep the area clean. 2.) Garbage cans should blend with the decor and be aesthetically pleasing. 3.) Fencing, signage, garbage cans, and outdoor furniture should reflect the architectural character of the historical period of the downtown district. Chairperson Honan asked how they were going to monitor the outside area. Tim Miller added that they could monitor the area because the counter faces the window. Should there be something out there they will automatically clean it up. Ms. Miller added that the area is being shared and they were going to make a cleanup schedule. Commissioner D'Angelo congratulated the applicant on the work they will be doing for the area. He suggested that they have a top on the garbage cans that they can throw trash into, so there isn't any trash blowing around. He also suggested overhead heating devices. Motion Baldocchi / Second Te2lia to approve the item with amended conditions. Unanimously approved. PUBLIC HEARING - AGENDA ITEMS 3. Jalisco Produce Market, Jose Ayar, Owner Roberto & Jose Ayar, Applicant 441 Grand Ave. UP-98-019 and Categorical Exemption: Class 11, Section 15311(c) Meeting to schedule an Evidentiary Hearing for revocation or modification of Use Permit to allow outside display. Senior Planner Upston gave staff report. Public hearing was opened. Norma Fragoso, represented Mr. Jose Ayar, owner of Jalisco Market, added that she had explained the situation to Mr. Ayar. She briefly touched on the history of the project and how the applicant was slow in making improvements. Some of the improvements that the applicant had done were: 1.) Replacement of two produce display cases. 2.) Displaying the produce in a cleaner matter. 3.) New signs were made for display cases. 4.) Efforts have been made to remove all the boxes. 5.) The larger display cases will be redesigned and there will be room to clean debris behind them. 6.) The third outdoor display will be finished by June. Mr. Ayar had a dilemma with the deliveries taken to the site, because the rear of the building had a 10-foot height from the street to the back door of the building. This would cost the applicant a lot to build a ramp or an elevator. The Commission and the applicant entered into discussion about the delivery of the trucks. They discussed that the delivery trucks were coming from San Jose and they had a set schedule. The applicant related that he gets \ \MULDER\ISHADD\File Cabinet\Old PC\working\minutes\1999\061799.doc P;J!TF 9. of .Ii deliveries everyday because they have several wholesalers. The Commission asked if there were funds available for the applicant. Staff added that there are funds available and that the applicant has been receptive in working with the City to make significant improvements. Commissioner D'Angelo stated that asked when the applicant became aware that the Commission wanted to review the permit, which was in April. Norma Fragoso added that Mike Upston scheduled a meeting with city staff and the two applicants to review the businesses individually. She added that during the 30-day period they brainstormed and came up with ideas to help the applicants. Commissioner D'Angelo stated that he saw the front of the building blocked, displays, milk crates and cardboard boxes were still being used. He saw no effort was being made to change things. He added that the applicant had been asked to remove the signs, and make simple improvements, which weren't done. Commissioner Teglia had the same concerns that Commissioner D'Angelo had. The Commission entered into discussion about designing a ramp to facilitate access to the rear of the building for deliveries. Staff noted that it would take a ramp of about 100 feet and that the truck would also block the alley. Commissioner Meloni suggested that the applicant could use a garage at the bottom of the building. After further discussion it was found that there may be an illegal business running out of the garage and a Commissioner suggested that Code Enforcement investigate the problem. Public Hearing was closed Commissioner Teglia added that the issue of revocation was discussed at the April 1 st meeting and it was not done. He wanted to know if the direction was correct or improper. Assistant City Attorney Lindgren stated that there is a process for revocation that is initiated by the Commission or by Staff. The first step is to conduct a Planning Commission hearing, then to conduct and evidentiary hearing, and then make a determination to modify or to revoke. Director of ECD Van Duyn stated that the process calls for an evidentiary hearing, to allow the Commission to make a determination on the record. The matter was brought up as a non-agendized item, and in order for the Commission to make a motion it has to be an agendized item. Assistant City Attorney Lindgren added that in order to schedule a hearing the Commission has to take an action and set grounds for revocation and modification. Vice Chairperson Sim added that he was hoping to resolve the issues. Commissioner Romero agreed with Vice Chairperson Sim and added that the revocation hearing is going to take a significant amount of time from the Commission and staff. He added that their business has not shown any effort to fix the problem. He added that he was not comfortable with a revocation hearing and suggested that the item be continued for 60 days. Assistant City Attorney Lindgren assisted the Commission in the motion. The motion should be to conduct a modification and or revocation hearing based upon information indicating possible violations of conditions of approval for UP-89-019. Particularly for violations of condition J, and C. Motion Te2lia / Second Sim to schedule the revocation hearing with the City Attorney's language to July 15, 1999. Unanimously approved. Recess called at 8:55 p.m. Recalled to order at 9:05 p.m. Norma Fragoso stated that the applicant wanted to know if he made significant changes, was there still the oppOltunity to not revoke the permit. She added that he could do that but they would have to be drastic changes. ADMINISTRA TIVE BUSINESS 4. Adult Entertainment Ordinance City of South San Francisco, Owner/applicant \ \MULDER\ISHADD\File Cabinet\Old PC\working\minutes\1999\061799.doc Pa!!e 3 of 5 Citywide ZA -99-042 Director of ECD Van Duyn stated that this item should be continued off calendar. 5. Items from staff a. General Plan update meeting schedule Director of ECD Van Duyn gave a review of the memo in the Commissioners packet. After some discussion the Commissioners started to give staff the dates that some would not be at the meetings. Chairperson Honan stated she would not be in the August 12th meeting, Commissioner Teglia added he would not be in the July 8th meeting, and Commissioner Romero informed staff that he would out for the August 5, 1999. TARE 2 The Commission could also listen to the tapes of the meetings missed for their own information. Consensus of the Commission to move forward with the General Plan Update as scheduled. b. Report and memo from Assistant City Attorney regarding bylaws Subcommittee reporting requirement Assistant City Attorney Lindgren gave a short review of the memo before the Commission, which answered issues raised to Assistant City Attorney Whitnell at the last meeting. He added that the question made at the last meeting, in regard to the formation of the bylaws subcommittee required a report to the full Planning Commission within the 30-day period allowed. He added that he had that portion of the April 19th meeting transcribed and added that it was correct and requested that the subcommittee agendise an item to report to the subcommittee. c. April 19th meeting. (Added under Agenda Review by Director of ECD Van Duyn) Director of ECD Van Duyn added that the minutes were removed from the consent calendar because of different issues brought up at prior meetings. He stated that he had a verbatim transcription made of the last portion of the meeting. He asked that if the Commission felt comfortable with the minutes as they are, they can be approved in the form before them. Should the Commission want to add the verbatim section to the minutes that can be done only to the April 19th set. He added that the minutes were correct as they read and that the verbatim section is also correct. Chairperson Honan added that in fairness she would suggest that the verbatim section be inserted into the approved minutes. This would be done when a dispute like this occurs again, where one Commissioner is challenging another Commissioners corrections. Motion Sim / Second Romero to approve the minutes with the verbatim revision. Approved by unanimous voice vote. 6. Items from Commission a. Bylaws Subcommittee - request to authorize extension Chairperson Honan gave a quick report from the subcommittee. The subcommittee attempted to date their calendar after the special meeting of April 19th. The subcommittee met legal technicalities from a Commissioner. She added that the subcommittee had decided not to tape the meetings and they are ready to go to move on to the legal portion of the process. She asked the Commission to approve continuance of the subcommittee. Motion Sim / Second Meloni to continue the subcommittee. \ \MULDER\ISHADD\File Cabinet\Old PC\work.in2:\minutes\1999\061799.doc P;JP"F 4, of .'l Commissioner Teglia added that the original intent was improper, was taking an enonnous mnount of resources, and that there is important business before the Comlnission. He added that it is too much of a distraction, and is ilnproper to continue. He suggested that the subject be tabled and asked for a roll call vote on the motion. Commissioner D'Angelo added that the process troubled hiln. He would also support tabling the subject. Commissioner Baldocchi stated that she did not support the revision of the bylaws at this tilne because it was a result of inflmnlnatory stateInents that were Inade that have embarrassed our City in the press and have divided the COlnmission. Responding in this way is not good public policy. In peaceful times and different circumstances, she could support the action. Perhaps the COlnlnission could act on the bylaws next year, but acting now will not help healing. Commissioner Romero was amazed that everyone was being judgmental because they have not seen any of the proposed changes. He suggested that the COlmnission allow the subcOlnmittee to cOlnplete the work. Then it is open for discussion. Aye: Commissioner Meloni, Commissioner Romero, Vice Chairperson Sim, and Chairperson Honan No: Commissioner Baldocchi, Commissioner D'Angelo, and Commissioner Teglia Subcommittee was continued by majority roll call vote. Motion Baldocchij Second Te2:lia to have the subcOlnmittee return on or before August 19, 1999. Aye: Commissioner Baldocchi, Commissioner D'Angelo, Commissioner Meloni, Commissioner Romero, Commissioner Teglia, Vice Chairperson Sim and Chairperson Honan No: None Subcommittee will retunl on or before August 19, 1999 with a report to the Comlnission. Approved by unanilnous roll call vote. b. Vice Chairperson Sim asked if the Council received the Planning Commission agendas on a bi-weekly basis. Director of ECD Van Duyn stated that they were on the agenda mailing list. c. Commissioner Baldocchi asked for an update on the slough in the Haskins property. d. Commissioner D'Angelo asked about new businesses opening up and setting up barriers to keep the debris from flying around. He asked if there was an effort to address the issues of garbage flying around. Director of ECD Van Duyn replied that this could be done by cOlnplaint and they can be looked at. 7. Items from the Public - None 8. Adjourn Motion Sim j Second Meloni to adjourn the meeting. Meeting adjourned at 9:50 p.m. -a;;~ /')liChth Honan, ChaITperson C/ Planning COlnmission City of South San Francisco NEXT MEETING: Regular Meeting July 1, 1999, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA TCS/bh G:\File Cabinet\Old PC\working\minutes\1999\061799.doc P;JP"F .'l of .Ii