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HomeMy WebLinkAboutMinutes 10/03/2002 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BmLDING 33 ARROYO DRIVE October 3, 2002 CALL TO ORDER / PLEDGE OF ALLEGIANCE 7 :30 D.m. ROLL CALL / CHAIR COMMENTS MEMBERS PRESENT: Commissioner D'Angelo, Commissioner Honan, Commissioner Meloni, Commissioner Teglia, Vice Chairperson Ochsenhirt and Chairperson Romero MEMBERS ABSENT: Commissioner Sim STAFF PRESENT: Planning Division: Thomas C. Sparks, Chief Planner Steve Carlson, Senior Planner Mike Lappen, Senior Planner Steve Kowalski, Associate Planner Kimberly Johnson, Assistant City Attorney Richard Harmon, Development Review Coordinator Sgt. Mike Newell, Traffic & Planning Barry Mammini, Sr. Building Inspector Maurice Dong, Assistant Fire Marshall City Attorney: Engineering: Police Dept.: Bldg Fire Prevention AGENDA REVIEW No changes ORAL COMMUNICATIONS None CONSENT CALENDAR Approved 1. Approval of Regular Meeting Minutes of September 19, 2002. Motion Ochsenhirt / Second D'An2:elo to approve the Consent Calendar. Approved by majority voice vote with Commissioner Honan and Commissioner Meloni abstaining PUBLIC HEARING - AGENDA ITEMS 2. Indonesian Full Gospel Fellowship-owner/applicant 1124 Mission Road P02-0024 and Categorical Exemption Class 32 Section 15332 In-Fill Development Project Denied (Continued from September 19, 2002) Use Permit to allow conversion of an existing single story retail building into a two-story church facility on a site located at 1124 Mission Road in the C-1 Retail Commercial District within 200 feet of a residential zone district and including a request to allow the maj ority of required parking to be provided at an off-site location. Public Hearing opened. PLANNING COMMISSION MINUTES Approved on October 17, 2002 Chief Planner Sparks noted that the Commission had continued the item for preparation of findings. Pastor Sugi, IFGF church, noted that they had been through the Public Hearing process and that the only issue he saw was that the parking was 285 feet over the code requirement of 500 feet. William Butte noted that the Church would have a positive impact on the surrounding neighborhood. He illustrated this with a glass of water and added food coloring to it, turning the water pink. He also added that he witnessed a person breaking into a car and stopped the crime by reporting it to the Police Department and that this is a benefit to the City. Public Hearing closed. Commissioner D'Angelo and Vice Chairperson Ochsenhirt noted that the Church and their positive impacts would be beneficial to the area but the issues at hand were safety for adults and children. Commissioner Honan and Commissioner Meloni noted that they would be abstaining due to not being in attendance at the meeting when the item was discussed. Motion Te2:lia / Second D' An2:elo to approve the Findings of Denial. Roll call vote Ayes: Commissioner D'Angelo, Commissioner Teglia, Vice Chairperson Ochsenhirt and Chairperson Romero Noes: None Abstain: Commissioner Honan and Commissioner Meloni Absent: Commissioner Sim 3. Realm of Blessings-applicant N ecati Ergur-owner 713 Linden Avenue P02-0054 and Categorical Exemption Class 1 Section 15301 Leasing of Existing Facility. Approved (Continued from September 19, 2002) Use Permit Modification to convert an office building to a church within 200 sq. ft. of a residential area in accordance with SSFMC 20.22.030 and 20.81. Associate Planner Kowalski presented the Staff Report. Public Hearing opened. The following spoke in opposition to the project. Rosa Giana Geri Gonzalez 216 Pine Avenue 243 Aspen Avenue South San Francisco South San Francisco John Brosnan 226 Pine Avenue South San Francisco Olga Perez 215 Pine Avenue South San Francisco The neighbors were concerned about not receiving a notice of Public Hearing. They also expressed concern about in traffic, parking in the lots, thus causing the members to park on the street Staff and the Commission discussed the noticing issue at hand and who was being properly noticed for hearings. Staff noted that the homeowners are noticed and there are discrepancies in the name and address shown for Mrs. S:\Minutes\10-03-02 RPC.doc Page 2 of 7 PLANNING COMMISSION MINUTES Approved on October 17, 2002 Gianna in the system used by the Planning Division to generate labels. Staff was instructed by the Commission to send notices to the property owner and the residents. The following spoke in favor of the application. Heidi Hunerdosse Koray Ergur 357 Ellis Street 24 Yerba Buena Avenue San Francisco San Francisco Pastor Easop Winston 2654 Sunset Avenue Oakland Gina Holmes 3815 Susan Drive #6 San Bruno Renee Winston 2654 Sunset Avenue Oakland The majority of the speakers were members of the church. They noted that Realm of Blessings has complied with all City requirements and that there is no reason for denial. They pointed out that they would support the community efficiently and that they should not be penalized by what has occurred by other churches. They added that they held a community meeting and the neighbors had been notified of it and some notices were hand delivered. Ms. Holmes noted that there had been a petition for a stop sign and Engineering felt that one was not needed on linden at Aspen. A member noted that their services would not be during regular hours of operation for Carniceria Tepa and that there would not be any overlap in schedules. Pastor Winston echoed all concerns stated by the member of the church and noted that any other use would conflict with busy schedule and that it may be worse impact than this use could have on the community. He stated that Vice Mayor Fernekes told him that they were the only church that has gone to the extent to hear the communities concerns. Koray Ergur, owner of the parking lot on the corner of Aspen and Linden, noted that he has a verbal agreement with Carniceria Tepa. He noted that he is willing to take on control of the lot in order to allow the Church 7 spaces and have them go into 713 Linden Avenue. The Commission discussed with Mr. Ergur the removal of cars that are not customers of the Carniceria Tepa or members of the church. Mr. Ergur noted that the parking lot would not be used simultaneously with the Carniceria Tepa and that they only have 6 spaces required by code. He added that the church needs 7 spaces and this can accommodate both Carniceria Tepa and the Realm of Blessings. Assistant City Attorney Johnson noted that Realm of Blessings is entering into a parking lease agreement with Mr. Ergur and it will be recorded against the off site parking lot property. She added that a condition of approval could be added to require the applicant and the owner to designate, through signage, which parking stalls would be assigned to Realm of Blessing and issue parking permits for their members. In addition anyone without this permit would be towed away at their expense. She added that the a condition of approval specifies that the Use Permit will not take effect until the binding agreement has be reviewed and approved by the City Attorney. Public Hearing closed. Commissioner Meloni asked Sergeant Newell about any Alcoholic Beverage Control laws with regards to the uses in the area being limited due to a church being located in the vicinity. Commissioner D' Angelo was not comfortable with the application due to lack of noticing. He pointed out that notices were sent out and only 9 attended the Community meeting and this clearly showed a deficiency in noticing procedures. He agreed with the comments made by the Realm of Blessings members with regard to having another use at the site and added that a church would be a better use than an office building. The parking issues would be sporadic with the church. Vice Chairperson Ochsenhirt noted that he was not satisfied with the parking issues at hand. S:\Mil1utes\lO-03-02 RPC.doc Page 3 of 7 PlANNING COMMISSION MINUTES Approved on October 17, 2002 TAPE 2 Chief Planner Sparks noted that the Commission is concerned with liquor license uses and staff is not aware that there are any restrictions on these. With regard to noticing, he added that staff has exceeded the legal requirements with a 500' radius mailing being done. He pointed out that parking was also an issue with the Commission and added that any other use would create parking problems. He added that the parking agreement could be fixed in order to have Realm of Blessings have the parking required. Assistant City Attorney Johnson noted that the application is different from standard use permits in that it involves a religious facility. She added that a law was enacted called the Religious Land Use and Institutionalized Persons Act, which changed the standards and findings required for local governments to make when reviewing and potentially denying religious facilities' use of properties in the local area. This law imposes upon local governments the highest standard of review for any decision made, and that a denial requires substantial evidence in the record to support findings that there is a compelling interest and that the decision is the least restrictive means of achieving that interest. Chairperson Romero asked how this would affect the parking requirement. Chief Planner Sparks noted that staff believes that the church has met all requirements and if the Commission feels that inadequacy of parking is the grounds for denial, it will be difficult to support it with evidence in the record. Commissioner Meloni asked what the capacity of the room is and what the Pastor's plan is in terms of growth. Assistant Fire Marshall Dong noted that the capacity of the room is 48. Mr. Winston noted that every church wants to grow and that they would most likely have additional services during the evenings and on Sundays. Commissioner Teglia asked Mr. Winston how they would monitor the parking and the opening and closing of the lot. Mr. Winston noted that they would have deacons in charge of this function. Commissioner Honan was concerned with Mr. Ergur's lot and the fact that others are using it for parking. She suggested that the applicant and the owner of the off-site parking lot have the parking lot gated off in order to prevent other from parking on the lot and this would give the church all the parking needed. Mr. Ergur noted that he used to do this but was asked by City employees to open the lot and allow parking there in order to allow Carniceria Tepa to open. He suggested that he block off all eleven stalls on the south side of the lot with a chain going from the east side to the west side of the property. Chairperson Romero felt that eliminating half of the spaces is not appropriate due to anticipated growth of the church. This way there will not be overflow parking onto Aspen or any other street. The Commission discussed putting a chain across the off-site parking lot and they decided that it would be more aesthetically pleasing if there were signage and striping rather than a chain. They also wanted to have a 6-month review on the use permit to make sure that parking would not be a problem. The Commission also asked that the church be proactive in enforcing permit parking on the off-site parking lot. Commissioner Teglia summarized the Commission's discussion. He noted that the parking lot would be striped and proper signage would be put on the eleven parking spaces designated for the churches use. There would be parking permits issued for the parishioners. The parking lot will be monitored and anyone not allowed to park in those stalls would be towed. There would also be proper landscaping around the parking lot and the applicant would return for a six-month review on the permit. Commissioner D'Angelo asked Mrs. Rosa Giana how she felt about the arrangements made that would help alleviate the parking situation. Mrs. Giana noted that she was comfortable with the way it would be handled. Motion Te2:lia / Second Honan to approve P02-0054 with the additional conditions: S:\Minutes\10-03-02 RPC.doc Page 4 of 7 PLANNING COMMISSION MINUTES Approved on October 17, 2002 · Adding to Condition # 3- The parking lease agreement must be approved by the City Attorney and must specify the exact number of spaces available for this use and shall be recorded in the County Recorder's Office before the use permit can take effect. (Addition in italics) · Condition 9 - The off-site parking lot must have proper signage and landscaping and must be submitted to the Chief Planner for final approval. Parking bumpers on the south side of the lot shall be permitted to indicate that the spaces are reserved exclusively for use by the church. · Condition 10 - The applicant must have parking permits in a form approved by the Police Department for its members and the church must be proactive in enforcing the use of the parking permits. · Condition 11 - The applicant must return to the Planning Commission for a 6-month review. Approved by unanimous voice vote. 4. Genentech, Inc. (Bldg. 32)-owner/applicant 1541 Grandview Drive P02-0050 and Negative Declaration ND02-0050 Approved (Continued from September 19, 2002) Use Permit, Mitigated Negative Declaration and draft Transportation Demand Management (TDM) Program to allow construction of a five-story administration building (Building 32) with a total floor space of approximately 125,000 square feet, located in the Upper Campus area of the Genentech Research & Development Overlay District. Senior Planner Lappen presented a PowerPoint presentation. Commissioner Meloni noted that it is dangerous to have a parking lot entrance on a curve and asked why it was done that way? Senior Planner Lappen noted that the entry way was existing and Genentech opted for keeping it there. Engineering asked Genentech to lower the landscaping and make it a right turn in and right turn out only driveway to prevent accidents and line of site issues. Peter Yee presented the project to the Commission. The Commission asked how Genentech would do the pedestrian connection to the rest of the campus. Mr. Yee noted that they will have they will have the connection along DNA way and this will go up to building 32 and the upper campus. The plan is to make all pedestrian walkways connect and Genentech will be exploring additional options in the future. Chairperson Romero asked if building 32 would be the tallest building on the Genentech campus. Mr. Yee noted that it will be the most prominent due to its location and it will house the CEO and Vice CEO of Genentech. They are looking at growing up because land is scarce but will still remain under the airport height limits. Public Hearing opened. There being no speakers the Public Hearing was closed. Vice Chairperson Ochsenhirt asked for clarification on Engineering Condition of approval 4 with regard to the existing sewer and its capacity. Development Coordinator Harmon noted that the sewer system was designed for warehouse uses and is not intended for a large project like this. The conditions intention is to have Genentech improve the sewer connection system. Genentech will have a formal agreement to analyze and improve the sewer system within the campus area. Motion Meloni / Second Te2:lia to approve. Approved by unanimous voice vote. S:\Minutes\10-03-02 RPC.doc Page 5 of 7 PLANNING COMMISSION MINUTES Approved on October 17, 2002 ADMINISTRATIVE BUSINESS 5.. Items from Staff a. Terrabay Phase II Western Pacific/Mandalay Heights-owner/applicant PP-OI-020MODl Minor modification to Terrabay Precise Plan for direction (in particular with respect to Floor Plan) to residents of Terrabay/Mandalay Heights of what they can do outside the parking area. Consultant Planner Knapp gave a presentation and presented Bill Bush and Carol Anne Painter to the Commission. Commissioner Meloni noted that anyone can put a cabinet in a garage and that it would be difficult to know who is doing it and who is not. Consultant Planner Knapp noted that the CC & Rs are very specific and this is an attempt to let homeowners know what they can do and cannot do in this development. She asked that the Commission allow staff to make this minor modification and send a memo out to the properties and this way they will be informed. Chief Planner Sparks guidelines added that the guidelines might reduce number of problems with regard to making modification without the Homeowners Association or the City being informed. Commissioner Meloni expressed concern about requiring something that is not in the building code requirements. Consultant Planner Knapp understood that and added that the streets in the area are too narrow and the parking garages are needed and this is to make sure that homeowners are parking in their driveway and not on the street. The Commission noted that the size of the storage area is very large and agreed that this modification be done administratively. b. Additional Staff Items Chief Planner Sparks informed the Commission that CalTrain is beginning work on the tracks for the baby bullet train. Chairperson Romero asked if there were plans to move the station to another location. Chief Planner Sparks noted that the City does have plans to move it south to be behind the present CalTrans facility on Airport Boulevard. Chief Planner Sparks added that the McLellan Drive cannot be opened before BART opens because it might open up a shortcut down Evergreen to El Camino and this will cause traffic problems for the Sunshine gardens area. 6. Items from Commission Commissioner D'Angelo asked that Sergeant Mike Newell provide and update on the parking permit program for Sunshine Gardens. Sargeant Mike Newell pointed out that there would be two meetings. One would be held on October 22 at Buri S:\Minutes\10-03-02 RPC.doc Page 6 of 7 PLANNING COMMISSION MINUTES Approved on October 17, 2002 Buri School and the other on October 24 at El Camino High School. He added that the parking permits for Boo Burin and Sunshine Gardens would be different in order to prevent students from El Camino High School that live in Buri Buri to park on the street. 7. Items from the Public None 8. Adjournment 11 :03 p.m. Motion Melon / Second Te2lia to adjourn the meeting. Approved by unanimous voice vote. v-\~ 1J.....,~ William Romero, Chairperson Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting October 17,2002, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. TCS/blh S:\Minutes\10-03-02 RPC.doc Page 7 of 7