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HomeMy WebLinkAboutMinutes 12/05/2002 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE December 5, 2002 CALL TO ORDER / PLEDGE OF ALLEGIANCE TAPE 1 7 :30 D.m. ROLL CALL / CHAIR COMMENTS PRESENT: Commissioner D'Angelo, Commissioner Honan, Commissioner Meloni, Commissioner Sim, Commissioner Teglia, Vice Chairperson Ochsenhirt and Chairperson Romero ABSENT: None STAFF PRESENT: Planning Division: Thomas C. Sparks, Chief Planner Steve Carlson, Senior Planner Allison Knapp, Consultant Planner Kimberly Johnson, Assistant City Attorney Sergeant Mike Newell, Planning Liaison Maurice Dong, Assistant Fire Marshall City Attorney: Police Department: Fire Prevention. AGENDA REVIEW No Changes ORAL COMMUNICATIONS None Donald Ruiz, 527 Myrtle Avenue, spoke regarding the propane tank at the Orowheat site that is 25 feet from the fence. He asked if it is legal. Asst. Fire Marshal Maurice Dong responded that they went out to the site and it is legal size and location meets code. Romero stated they would have staff check on it. Commissioner D'Angelo stated that ifit meets code just have to live with it. CONSENT CALENDAR 1. Approval of Regular Meeting Minutes November 21, 2002. Approved Motion Teglia/Second Sim Unanimous voice vote PUBLIC HEARING 2. Wong, Manton E Lessee-owner Belinda N acilla-applicant 2211-2213 Gellert Blvd P02-0085 and Categorical Exemption Class 1 Section 15301 Existing Facilities Approved (Continuedfrom November 21, 2002) LING NAM NOODLE HOUSE-Use Permit Modification of UP 93-939/MOD 1 allowing a reduction in business hours from 11 P.M. to 5 A.M. to 11 P.M. to 4 A.M. and Approved on December 19, 2002 to amend condition of approval # 3 to require only one (1) security guard instead of two (2) guards from 11 :00 P.M. to 4:00 A.M., in accordance with SSFMC 20.81. Senior Planner Carlson corrected the project description and gave staff report. The applicant wanted to change the number of security guards from 3 to 2 between IlPM and 4AM. The Police Department supports the amending of condition #3 which allows reduction of guards but grants the Chief of Police authority of requiring additional guards. Commissioner Honan asked if the condition from the Police Department reflected the understanding that they are conducted under their regular hours or after hours. Senior Planner Carlson said that security provision pertains to only the hours from IlPM to 4AM. Sargeant Mike Newell gave explanation of previous conditions. He met with the applicant and ran a check with the officers working in the area over the last few years. The Ling Nam Noodle House is completely different than it was in 1995. Commissioner Honan asked if the conditions agree with the hours suggested by the Police Department. Sargeant Mike Newell responded yes Motion Ochsenhirt/Second Honan Unanimous voice vote 3. SSF Investments, LLC-owner N extel of California-applicant 121 E. Grand Ave. P02-0033 and Categorical Exemption Class1 Section 15301 Existing Facilities Approved Modification of Use Permit allowing a twelve foot tall at-grade equipment shelter instead of an underground vault to serve a wireless communication facility, consisting of twelve roof mounted panel antennas to be relocated on the easterly building, situated at I2l East Grand Avenue (APN 015-024-230), in the Planned Industrial Zoning District (P-I) in accordance with SSFMC Chapter 20.105. Senior Planner Carlson gave staff report. Applicant Corey Alvin ofNextel gave presentation. Nextel does not wish to place the equipment underground. Nextel proposes a shelter with minimal exposure to the public right of ways, but above ground because of the possibility of contaminated soils. He asked for recommendations from the Commission. Chairperson Romero asked if people staying at the hotel would see the enclosure. Asked that the members of the subcommittee make comments. Commissioner Meloni The subcommittee wants the shelter underground. He asked why it must be a 2 feet concrete base and twelve feet high. Alvin stated that the concrete base is cell block. It is done this way so there is no excavating. The idea is not to excavate because of the liability. Commissioner Meloni stated a single story building only needs a twelve inch footing. He asked if excavation to twelve inches was precluded, then how could landscaping be installed? Alvin responded they could excavate up to eight inches for landscaping. Commissioner Teglia suggested that there are other options besides undergrounding such as putting it inside the building. He was also concerned with the emergency generators. Alvin The hotel has no space to up it inside and there are no generators. Commissioner Meloni asked if it was the hotel or Nextel that doesn't want to bury it. Alvin explained that both do not want to vault because of the liability for possible contaminants. S:\Minutes\finalized\2002\12-05-02 RPC .doc Page 2 of 6 Approved on December 19,2002 Commissioner D'Angelo stated only responsibility is to get rid of the soil. Soils can be legally disposed of and dug up and it can be vaulted. The owner doesn't want it done. Alvin not sure if the owner understands. Nextel also takes ownership because of disposal. Brett Cox, EarthTouch, gave presentation on the Phase I Analysis. Chairperson Romero stated that he cannot consider putting this above ground. Commissioner Teglia expressed the need you have to comply with our City's high standards. Assistant City Attorney Johnson clarified some of the issues raised by Nextel's consultant in terms of the impacting scope of Phase I report and the liabilities. Vice Chairperson Ochsenhirt said he was disappointed with Nextel because the commission made clear its desires at an earlier hearing on this proposal. Chief Planner Sparks stated what the commission is saying supports our conclusions. Assistant City Attorney Johnson stated that the consultant is correct in that CERCLA imposes broad liability and explained ways to mitigate that liability. Motion Teglia/Second Meloni with the added condition that the recepticle for the emergency generator be deleted being that no generator is needed. Unanimous voice vote 4. Sunil K. & Martha D. Chandar-owner/applicant 105 Mulberry Ave. P02-0062 and Categorical Exemption Class 3 Section 15303 New Construction of Small Structures (Recommend continuance to December 19,2002) Use Permit to build a new residential second unit and 2 car garage at 105 Mulberry Avenue in the (R-I-E) Single Family Residential District in accordance with the SSFMC 20.79. Motion Meloni Second Sim Unanimous voice vote Break 8:42 5. Terrabay San Bruno Mtn./Terrabay ZA-01-020 Back 8:47 An amendment to the Terrabay Zoning Ordinance to establish accessory structure heights and setbacks for the residential component of Terrabay. Consultant Planner Knapp gave staff report and powerpoint presentation. Consultant Planner Knapp stated the reason for amending the ordinance was because the Terrabay Zoning Ordinance was adopted in the mid 80's and it very general in nature. Since the 80' s, the definition of accessory structures has become more broad. The Uniform Building Code includes more structures than were originally defined as a structure. Commissioner Meloni asked if the fences, decks, arbors and hot tub platforms were defined by the Zoning Ordinance requirements for the development or by the Uniform Building Code. There's a problem between zoning code and building code because the building code does not require a building permit for a fence less than 6 feet. S:\Minutes\frnalized\2002\12-05-02 RPC .doc Page 3 of 6 Approved on December 19, 2002 Consultant Planner Knapp stated that a previous city attorney made a legal opinion that fences are structures under the building code. Assistant City Attorney Johnson stated that the Terrabay Specific Plan Zoning Ordinance also defines fences as structures. Commissioner Teglia asked if all the fences were on the property lines, if they would have to maintain the fences where they are today and how this and the last set of amendments were being communicated to new owners. He thanked Consultant Planner Knapp and commended her on her outstanding attention to detail. Consultant Planner Knapp replied that all the fences were are the property lines except for the HCP fence which is 50-100 feet beyond the boundaries of Terrabay and they would have to maintained as they are today and the last amendment was hand delivered by Western Pacific. This amendment and the last are going in a newsletter and the homeowners association is going to include it in handout to the future homeowners. She spoke with one of the homeowners of the Mandalay Heights and they were planning to have a community workshop to explain. Vice Chairperson Ochsenhirt asked for clarification of the statement about accessory buildings are only permitted to be constructed at the time of the residential structure is constructed. Consultant Planner Knapp responded that the reference is to garages. Chairperson Romero asked why the square footage was not being identified as well as the maximum height on the accessory structures. He was concerned that homeowners think that they can go up to 40 percent of their lot so it should be specified how much of the lot should be used for garden shed to avoid 6 foot huge garden sheds. This should be addressed. Consultant Planner Knapp agreed and asked for recommendation. Assistant City Attorney Johnson suggested that the commission may want to consider defming the footprint of the building rather than percentage of lot size and specify a maximum square footage of the structure. Carol Ann Painter representing Western Pacific stated that revised guidelines are being adopted that are consistent with what has been present this evening. Agnes Cheung, 17 Woods Circle, of the landscape committee, stated that the proposal is great, speaking as a homeowner as well as a member of the committee. Guidelines are needed. Vice Chairperson Ochsenhirt asked how the participation of the HOA is and if the previous action communicated to the HOA for the homeowners. Agnes Cheung, 17 Woods Circle, stated that the association was small right now and a newsletter is being put together to give that information. Commissioner Honan asked Agnes Cheung if they have a problem with the storage shed restrictions. S:\Minutes\fmalized\2002\12-05-02 RPC .doc Page 4 of 6 Approved on December 19,2002 Agnes Cheung, 17 Woods Circle, answered no because it is important to have the rules in place now prior to homeowners moving in. Bill Bush, construction manager for Western Pacific/Mandalay Heights confirmed that the notification was hand delivered and the paperwork is made a part of sales. Commissioner Sim asked if there was any thought about hillside issues. Consultant Planner Knapp replied that there should not be a problem being the maximum height is 6 feet. Commissioner Teglia was concerned with retaining walls on property line and building a shed above that. Consultant Planner Knapp recommended modifying the section that the shed can be no higher than 6 ft. Chief Planner Sparks stated that there is no way to make one size fit all. Do the best with regulations. Put together a good body of regulation to work with, but there will be issues that will have to be dealt with as they come up. Commissioner Sim asked if it could be set it back more. Chief Planner Sparks stated that is unknown depending on how big the yard is. Assistant City Attorney Johnson stated some issues would be addressed thru HOA. If there were circumstances needing to be addressed it would be handled by the Minor Use Permit process. Motion Teglia/Second Ochsenhirt to approve with the additional modification of the 120 square foot limitation on sheds. Approved by unanimous voice vote. ADMINISTRATIVE BUSINESS 6. Items from Staff Chief Planner Sparks mentioned that Commissioner Meloni inquired about the analysis of the TDM programs. No report tonight but on the 19th and will expand to cover some issues likely to happen with our shuttle program and BART. There was a question about the bingo appeal. We received a letter asking that hearing be held late February when there is a full Council. Original applicant may come in with a new application at an alternate site. Memo from Senior Planner Lappen regarding development standards for residential second units. Need to establish another subcommittee. The proposed schedule should be considered conceptual. New state laws will be discussed early in the new year. Commissioner D'Angelo asked about Yates project. Chief Planner Sparks explained that the sideyard setback for reversed corner lots was changed by Council. 7. Items from Commission Chairperson Romero asked if there were any volunteers for the subcommittee. S:\Minutes\fll1alized\2002\12-0S-02 RPC .doc Page 5 of 6 Approved on December 19,2002 Commissioner Honan volunteered. Commissioner Teglia recommend that Commissioner D'Angelo join and Commissioner Teglia will be alternate. Commissioner Meloni also volunteered. 8. Items from the Public None 9. Adjourn Motion Honan/Second Sim 9:28 P.M. ~r(~4 Secretary to the Planning Commission City of South San Francisco \)<~ ~ William Romero, Chairperson Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting January 2,2002, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA TCS/blh S:\Minutes\finalized\2002\12-0S-02 RPC .doc Page 6 of 6