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HomeMy WebLinkAbout01.20.00 Minutes CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE January 20, 2000 CALL TO ORDER / PLEDGE OF ALLEGIANCE The meeting was called to order at 7:30 p.m. ROLL CALL / CHAIR COMMENTS MEMBERS PRESENT: Commissioner Baldocchi, Commissioner D'Angelo, Commissioner Honan, Commissioner Romero, and Chairperson Sim MEMBERS ABSENT: * Commissioner Teglia and Vice Chairperson Meloni STAFF PRESENT: Planning Division: Thomas C. Sparks, Chief Planner Steve Carlson, Senior Planner Allison Knapp, Consultant Planner Adam Lindgren Richard Harmon Thomas Ahrens Barry Nagel City Attorney: Engineering: Bldg./Fire Prevo Dir. of Parks & Rec. AGENDA REVIEW Chief Planner Sparks noted that item #4 would need to be continued. ORAL COMMUNICATIONS - None CONSENT CALENDAR 1. Approval of Minutes for January 6, 2000 Regular Meetings. 2. Gateway Lot (Parcel 5) Hines/HMS Gateway Office, L. P., owner/applicant 801-951 Gateway Blvd. PM, PUD-99-095/MOD 1 and Negative Declaration ND97-063 (Certified 12/97) Parcel Map to resubdivide a 9.4 acre parcel into 3 lots with reciprocal parking and access throughout and Planned Unit Development to allow lots which do not front on a public street. 3. The Salvation Army-owner/applicant 409 So. Spruce Ave. UP-96-097/MODl and Categorical Exemption: Class 1 Section 15301 Existing Facilities. Use Permit Modification allowing play structures in the required side setback along Huntington Ave. Commissioner Baldocchi removed items 1 and 3 from the Consent Calendar. \\MULDER\PL-SHARED\Minutes\O 12000.doc Page J of 7 Motion Romero / Second D' An2elo to approve the remaining Consent Calendar item. Approved by unanimous voice vote. * Commissioner Teglia arrived at 7:40 p.m. Commissioner Baldocchi noted that the corrections she requested to be made to the December 2, 1999 minutes were not done. Motion Teglia / Second Baldocchi to continue the December 2, 1999 minutes to the next meeting. Approved by unanimous voice vote. Commissioner Baldocchi noted that the December 16, 1999, minutes show the minutes of November 18th and December 2nd being approved, but that the December 2nd minutes were continued. Motion Teglia / Second Baldocchi to approve the minutes of December 16, 1999, with Commissioner Baldocchi's correction. Approved by majority voice vote with Commissioner Romero abstaining. CONSENT CALENDAR - PUBLIC HEARING 3. The Salvation Army-owner/applicant 409 So. Spruce Ave. UP-96-097/MODl and Categorical Exemption: Class 1 Section 15301 Existing Facilities. Use Permit Modification allowing play structures in the required side setback along Huntington Ave. Public Hearing opened. Commissioner Baldocchi asked for a response on the Design Review Board's comments with regard to the permi t. The Commission discussed reviewing the Tree Preservation changes before the Salvation Army public hearing and decided to hear Administrative Item 5a before items 3 and 4. ADMINISTRATIVE BUSINESS 5. Items from Staff a. Tree Preservation Ordinance City of So. San Francisco-owner/applicant Citywide Proposed revisions to the City's Tree Preservation Ordinance. Director of Parks & Recreation Nagel gave a brief presentation on the proposed changes to the Tree Preservation Ordinance. Commissioner Honan asked how this was going to be monitored. Director of Parks & Recreation Nagel noted that most of it would be by word of mouth and people are vocal on trees. He added that every tree cannot be monitored and we are trying to see what trees meet the protected tree criteria. He mentioned that the Eucalyptus trees by City Hall and the Pine trees in the play area by the Library meet this criteria. He noted that the Ordinance would follow the normal procedure and go into the newspaper, and would also have a paragraph in the Leisure Guide to alert residents of the Ordinance updates. Commissioner Honan suggested putting the announcement on the community channel. \\MULDER\PL-SHARED\Minutes\O 12000.doc Page 2 of 7 Commissioner Honan asked if when a permit is issued, the homeowner hires a tree trimmer, what occurs if the tree trimmer is not licensed and how is that monitored through the permit. Director of Parks & Recreation Nagel noted that this is something that could be put into the permit. Commissioner Romero noted that trees are very important to the City. He added that the requirements are primarily for those that have planted their own trees. He noted that the ordinance is not proactive in suppOlting the growth and planting of trees. He suggest having the City participate in a program that would enable residents with existing trees to have access to some City services. He encouraged staff to include provisions giving access to City services to residents. He thought it was important to help people by expanding existing services rather than just penalizing them. Director of Parks & Recreation Nagel noted that it would be an existing tree that meets the protected status for which these services would available. Commissioner Honan asked if the City maintains trees in front yards. Director of Parks & Recreation Nagel noted that the City aids with trees in the right-of-ways, planter strips or off the sidewalks. He added that if the City has planted a tree then the City services are available to those residents. Commissioner D'Angelo asked if the ordinance was intended for all trees or just for protected trees. Director of Parks & Recreation Nagel noted that it is just for protected trees. Commissioner D'Angelo noted he gets a different impression from a section in the ordinance. He noted that it asks for a tree to be planted even if he is remodeling a home. Director of Parks & Recreation Nagel noted that there is language for a new development and for remodeling. He added that this may need to be reworded because his intent was a remodel in regard to a remodel in a subdivision. Commissioner D'Angelo noted that another section notes that there is a requirement on one tree per 1,000 square feet. He noted that planting trees when a home is remodeled cannot be enforced. He asked what the cost would be for the permit. Chief Planner Sparks noted that the ordinance stated one tree per 1,000 sq. ft of habitable space or lot coverage, which is actually the space in the dwelling and not the lot size. Commissioner D'Angelo noted that the Section 13.030.100 states that the decision of the Director of Parks & Recreation is not subject to appeal and asked why they cannot go to an elected official and appeal this decision. Director of Parks & Recreation Nagel noted that it is based on the decision of whether it is atree or it isn't a tree. Commissioner D'Angelo noted that his points are aggravating and does not support the ordinance in its current format. Commissioner Baldocchi noted that the ordinance has grown from two pages to a five page ordinance and it also has a four page application. She asked about private property rights in regard to this ordinance. She agreed with Commissioner Romero's observation on imposing restrictions and the City needs to compensate for it. She asked if it has been through the Attorney's office. Director of Parks & Recreation Nagel noted that it has been reviewed by the Attorney's and nothing was raised along those lines. Commissioner Teglia agreed with Commissioner Romero's comment with having assistance with the maintenance of a protected tree. He noted that the possibility of someone being unaware and then penalized worries him. He added that it could be used as a weapon to catch someone that is unaware. He mentioned that the ordinance goes into the standards for unprotected trees. He noted that there is a gray area in the trees required under a use permit and wanted to see language requiring commercial properties maintain the trees under the use permit, which he has encouraged. He mentioned that private property rights are important. He suggested working with Commissioner D'Angelo's comments and making the ordinance stronger. Chairperson Sim asked what action the Commission needed to take on this item. Assistant City Attorney Lindgren noted that it is within the jurisdiction of the Parks & Recreation committee and is being brought to the Commission as a courtesy item. He noted that the Director is attempting to obtain consensus and support of the Commission. Director of Parks & Recreation Nagel noted that he is interested in the Commission's input and \\MULDER\PL-SHARED\Minutes\O 12000.doc Page 3 of 7 is willing to make potential revisions that would satisfy most of the concerns. He wanted to get some consensus on various issues that the Commission has raised. Commissioner Baldocchi is amazed by the fact that the ordinance increased from two to five pages. She mentioned that there is a lot of red tape and asked if there was a way to preserve the trees and streamline the ordinance more. Director of Parks & Recreation Nagel noted that the major changes would be the permit for pruning and the requirement of trees for expansions or developments. He mentioned that the bulk of the ordinance is language and it does not affect the citizen as much. Commissioner Romero asked if everyone could be required to plant one tree. Director of Parks & Recreation Nagel noted that this is not enforceable. Commissioner Honan concurred with Commissioner Romero with '!fA, regard to making City funds available to residents. Director of Parks & Recreation Nagel noted that there is a majority consensus to have City services available to the residents of the City. Assistant City Attorney Lindgren suggested that Director of Parks & Recreation Nagel speak with his office to discuss potential liability issues that the work could raise on private property. He noted that any accident that might occur with a tree during and after the work needs to be analyzed. Commissioner D'Angelo noted that the ordinance can be divided into two sections: 1) protected trees and the preservation of these trees, and 2) the other trees. He added that as a resident he cannot differentiate where the ordinance refers to protected and unprotected trees. The Commission entered into discussion of what is the definition of remodeling in the ordinance. Director of Parks & Recreation Nagel interpreted it as a specific large development remodeling and that it would be clarified. Consensus of the Commission to take the Tree Preservation Ordinance with revisions forward to City Council. PUBLIC HEARING - AGENDA ITEMS 3. The Salvation Army-owner/applicant 409 So. Spruce Ave. UP-96-097/MODl and Categorical Exemption: Class 1 Section 15301 Existing Facilities. Use Permit Modification allowing play structures in the required side setback along Huntington Ave. Senior Planner Carlson presented the staff report. He noted that Design Review Boardmember Horton suggested that a low fence would be appropriate to increase safety. He noted that it will create visual clutter and obscure the view of the landscaping. He added that the fencing would be within the public right-of-way, and it is preferred not to have fences in the public right-of-way. He mentioned that Boardmember Horton suggested that the planting be more than ground cover, which has been added to the conditions. He noted that Park & Recreation prefers very small trees that won't damage the sidewalk. He added that staff would have to explore with Richard Bordi the planting of larger trees near the sidewalk. He addressed Boardmember Kornfield's suggestion with not having the ornamental fence running across the front of the building. He mentioned that it is a better fence than what is on the yard and it is needed to enclose the area for the children's safety. He mentioned that there is a railing adjacent to the building and it may have been what Boardmember Kornfield was referring to which is needed near the building face. He added that Boardmember Kornfield asked about the street trees and the applicant would like to keep the trees out beyond the fence. Commissioner Teglia was concerned about the closeness of the playground to the side setback. He noted that the setback is being cut back too much. He added that if the use changes in the future a provision should be added to restore the setback. He noted that tubs could be used to force the roots of the trees down instead of out and also putting some scallops in the fence line. \\MULDER\PL-SHARED\Minutes\O 12000.doc Page 4 of 7 Public Hearing closed. Commissioner D'Angelo agreed with Commissioner Teglia's comment about restoring the setback, should the building change use. He encouraged exploring different options for the fence line landscaping. Commissioner Honan asked if the setback requirement would revert back to its original requirement if the building would be sold. Assistant City Attorney Lindgren noted that a use permit runs with the land and not with a particular property owner. Commissioner Honan noted that it is better to have a safe area for children to play rather than to have a setback. She added that the setback should revert back to the City's original setback requirement if the use will no longer be there. Senior Planner Carlson clarified that the setback is not being reduced and what the Commission would be changing the landscaping. He noted that the issue is allowing the fence to be in the setback. He noted that restoring the setback would be to have greenscape material and remove the fence, play structure and decking. Chief Planner Sparks noted that use permits run with the property and it is difficult to see a similar use moving in if the Salvation Army should move out. He mentioned that the same use might 110t go into the building and it raises the issue of the use permit being valid. Commissioner Teglia noted that his proposal is that upon termination of the use permit and with the changing of the use the landscaping would be put back the way it used to be without the fence. He added that he is also suggesting putting scallops along the straight line. Commissioner Romero asked if it was possible if the outdoor patio area could become a closed patio. Senior Planner Carlson noted that it could not because it would be a structural intrusion. Commissioner Romero noted that the outdoor patio would be beneficial to the individuals using the site. Commissioner Baldocchi asked if any of the play structures had to go under the standards of the California State Licensing requirements. Lieutenant Laurie Smith, Salvation Army, noted that she has not looked into that issue and does not know if it is a requirement. She added that the purpose of the play structure is for children that go to the facility. Motion Teglia / Second D'Angelo to approve the Use Permit with the following additional conditions: ] . Fencing is allowed for the use permit and shall be removed upon termination of the use. 2. Street trees with use of proper root directive technologies to protect the sidewalk 3. Installation of scallops on the straight line fence with the Chief Planners review. Commissioner Honan noted that she could not support the condition requiring the scallops along the fence. Approved by majority roll call vote with Commissioner Honan vote no. 4. Century Plaza/Syufy Enterprises & Alioto Fish Co.-owner/applicant 410-470 Noor Ave. PUD-95-42/MODl and Negative Declaration No. 792 (previously certified) Modification Hearing-Review of Parking Management Plan at Century Plaza. Motion Teglia / Second Baldocchi to continue the item to February 3, 2000. ADMINISTRATIVE BUSINESS 6. Items from Staff Chief Planner Sparks noted that UP-99-075 should have been on the Consent Calendar for the Commission to approve Findings of Denial. He added the Commission needs to make a motion to approve these findings. \\MULDER\PL-SHARED\Minutes\O 12000.doc Page 5 of 7 Commissioner Teglia noted that staff was recommending denial of the project from the beginning and asked if the Commission was required to discuss the item and then have findings. He noted that normally staff includes findings with a recommendation. Chief Planner Sparks noted that it is a distinction in practice and noted that findings of denial were not routinely prepared. He noted that based on the Topanga case it is advisable by the Assistant City Attorney and required by State to adopt these findings. He added that it will be standard practice to adopt findings of denial after the public hearing has been held. Assistant City Attorney Lindgren noted that the Supreme Court decision in Topanga said that when they are acting in a Legislative capacity, like zoning, general plan amendments or rezoning, findings do not need to be adopted because they are establishing a policy. He added that if there is a particular set of requirements and a particular law, and the Commission is deciding on a particular situation, then findings are needed. Motion Teglia / Second Honan to approve Findings of Denial for UP-99-075. Chief Planner Sparks noted that the regular meeting of March 2, 2000 needed to be officially canceled by the Commission with the proper motion. Motion Honan / Second Teglia to cancel the regular meeting of March 2, 2000 because the Commission will be at a League of Cities Planners Institute. Chief Planner Sparks gave the following updates: . The Design Review Board considered roof screening at the Health Center and suggested that there be comprehensive screening around the entire roof but should cover every item on the roof. . There are helicopters operating on the side of San Bruno Mountain because there was a declaration of emergency from the State PUC, which requires PG&E to replace the towers on SB Mountain. He noted that the City has no jurisdiction over this and PG&E has notified about 1400 residents. . Terrabay is back with a new developer, and staff is working with them to perfect a parcel map for Phase II. Commissioner Teglia asked if it is a different builder and same owner or a new builder with a new owner. Chief Planner Sparks noted that it is his understanding that it is an entirely new project. Assistant City Attorney Lindgren noted that he has requested clarification from the new developer's attorney on that issue. . City Council Community meeting at Sunshine Gardens will be held on April 6, 2000 which is a regular Planning Commission meeting night. Commissioner D'Angelo noted that two Commissioners live in Sunshine Gardens. Commissioner Teglia suggested that someone voice to the City Council that the Commission prefers these meetings scheduled when there is not a Planning Commission meeting, so that the Commissioners might be able to participate. Chief Planner Sparks noted that Director of ECD Van Duyn has communicated that concern and is awaiting a response. Commissioner Teglia noted that this is a scheduling conflict and would like the Council to be more sensitive to that. Chairperson Sim directed staff to take the issue up with the respective parties. . The City Council has asked the two developers of the Bay West Cove area to draft up proposals for a Master Plan. He noted that this would go before the Commission as well as an amendment of the Precise Plan. He added that Councilman Mullin asked if the Commission can get the presentation that was given to the Council, and it would be scheduled for February 3, 2000. 7. Items from Commission Commissioner Romero noted that he attended a community meeting that was hosted by the Engineering Division on eliminating traffic on the intersection of Clay and Juniperro Serra because of the new projects. He complemented City Engineer Kianpour on dealing with a hostile crowd who was vocal in their opposition to reopening Clay, and thought that traffic should be fixed at Longford and Hickey. He added that the public \\MULDER\PL-SHARED\Minutes\012000.doc Page 6 of 7 thought there was a hidden agenda that by opening up the intersection at Clay it would result in the sale of the' Serra Vista School site. He noted that City Engineer Kianpour would return with other options to the community. Commissioner Baldocchi asked if the March 2, 2000 meeting would be rescheduled for March 9, 2000 or if there was not going to be a replacement meeting. Chief Planner Sparks noted that the work load is light and this does not need to be considered unless there are a lot of submittals before then. Commissioner Baldocchi asked if the Telecommunications Ordinance would be before the Commission at their next regular meeting. Assistant City Attorney Lindgren noted that it would be. Commissioner Baldocchi asked if there would be a joint meeting with Council and there has not been one in over a year and a half. Chairperson Sim noted that he would like to talk about it and see when it is appropriate and the City Council will tell the Commission when this needs to happen. Commissioner Honan noted that she agrees with having a meeting when the meeting with Council is needed. Commissioner D'Angelo noted that he needs to know what the City policy on Big Box Retail is and would like some clarification on that. He added that asking these questions at a meeting is a good opportunity for the Commission and Council. Commissioner Teglia noted that Council usually sets the agenda and it is something that hasn't happened for quite sometime. He noted that Council needs to be reminded that the Commission is still involved. Commissioner Romero agreed that meetings with council are very significant if something needs to be discussed. He suggested that as the Terrabay project proceeds the Commission and the Council should have a joint Study Session. Commissioner Baldocchi noted that this is a reason why there should be communication with Council when these large projects are before both bodies. Chairperson Sim noted that he will try and be more proactive with the Commission. He added that with the Design Review process there needs to be a firm standard application approval procedure where all the requirements are met. He noted that the communication with the Design Review Board is needed. Commissioner Teglia noted that the changes on the standards could be done by a subcommittee and the communication with DRB, who is advisory to the Commission, needs a formal process of responding to them. He added that this would give them a guideline on what the Commission is trying to accomplish and what direction they are headed. Commissioner Baldocchi echoed the Chairperson's concerns and it is time to act on the issue since it has been a concern of the Commission for quite some time. 8. Items from the Public - None 9. Adjourn Motion Romero / Second Honan to adjourn the meeting. The meeting was adjourned at 9: 15 p.m. ~f#~ Secretary to the Planning Commission City of South San Francisco Eug , Chairperson Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting February 3, 2000, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. \\MULDER\PL-SH ARED\Minutes\O l2000.doc Page 7 of 7