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HomeMy WebLinkAbout2006-03-02 ~'t\\ SAN p. ~~~,~~~A c... ~"'-", .~ ~ ~'i'II -:m\.... t: !il1(P,,1 "I:, ",' ;l.!.. ~ U~_~:.;O ~J!.'-~Iii" ~-.:- C4i;~\.~ MINUTES Harch 2, 2006 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER / PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: TAPE 1 7:30 D.m. Commissioner Giusti, Commissioner Prouty, Commissioner Romero, Commissioner Sim, Vice Chairperson Honan and Chairperson Zemke ABSENT: Commissioner Teglia Fire Prevention. Thomas C. Sparks, Chief Planner Steve Carlson, Senior Planner Bertha Aguilar, Admin. Asst. II Peter Spoerl, Assistant City Attorney Ray Razavi, City Engineer Mark Raffaelli, Police Chief Lieutenant Mike Massoni Sergeant Alan Normandy, Planning Liaison Bryan Niswonger, Assistant Fire Marshall STAFF PRESENT: Planning Division: City Attorney: Engineering Division: Police Department: CHAIR COMMENTS AGENDA REVIEW Chief Planner Sparks noted that the public hearings would be first #9 and then #8. He added that number 10 will need to be continued and can be moved to the Consent Calendar. ORAL COMMUNICATIONS None CONSENT CALENDAR None 1. 1070 Associates, LLC/Owner Vanguard Car Rental USA, Inc./Applicant 1080 San Mateo Avenue P06-0007 & U P06-0002 (Continued to March 16, 2006) Use permit to allow a rental car fleet maintenance use, including construction of a maintenance building, car wash and related site improvements, at 1080 San Mateo Avenue in the M-1 Industrial Zone District in accordance with SSFMC Section 20,30.030 2. Julie Ball/Owner Bob McLennan/Applicant 435 Forbes Blvd P05-00 (Continued to April 6, 2006) The applicant has requested that the matter be continued to allow the applicant to fully respond to proposed Conditions of Approval, prepared by the Planning and Engineering divisions, resubmit the application to include Genentech, Inc. as the primary applicant, and prepare revised site plans and drawings Planning Commission Meeting of March 2, 2006 3. Type "C" Sign (Shell) Eleanor Colombani/Owner Jim Martin/Applicant 710 EI Camino Real P05-0055: SIGNS05-0017 (Continued Off-Calendar) Type "C" Sign Permit to install new signage at a gas station situated at 710 EI Camino Real in the Retail Commercial (C-1-L) Zoning District in accordance with SSFMC Chapters 20.76 & 20.86. 4. Type "C" Sign (Shell) Jim Martin/Applicant Equilon Enterprises, LLC/Owner 899 Airport Blvd P05-0056: SIGNS05-0018 (Continued Off-Calendar) Type "C" Sign Permit to install new signage at a gas station situated at 899 Airport Boulevard in the Planned Commercial (P-C-L) Zoning District in accordance with SSFMC Chapters 20.76 & 20.86. 5. Type "C" Sign (Shell) Peter Tobin/Applicant Equilon Enterprises, LLC/Owner 123 Linden Ave P05-0072: SIGNS05-0025 (Continued Off-Calendar) Type "C" Sign Permit to install new signage at a gas station situated at 123 Linden in the Planned Commercial (P-C-L) Zoning District in accordance with SSFMC Chapters 20.24,20.76 & 20.86. 6. Type "C" Sign (Shell) Peter Tobin/Applicant Shell Oil Co./Owner 248 So. Airport Blvd. P05-0073: SIGNS05-0026 (Continued Off-Calendar) Type "C" Sign Permit to install new signage at a gas station situated at 248 So. Airport Blvd in the Planned Commercial (P-C-L) Zoning District in accordance with SSFMC Chapters 20.24, 20.76 & 20,86. 7. Type "C" Sign (Shell) ARC Architects, Inc./Applicant Derenzi, Marie G/Owner 140 Produce Ave P05-0111: SIGNS05-0043 (Continued Off-Calendar) Type "C" Sign Permit allowing a master sign program including building facade signs, canopy signs, monument sign, and a pylon signs exceeding 1 0 feet in height and signs exceeding 1 00 square feet in area, situated at 140 Produce Avenue, in the Planned Commercial (P-C) Zoning District, in accordance with SSFMC Chapters 20.81 & 20.86 s:\MlvclAtes\Flvc~Llul> MlvclAteS\200b\03-02-0b RPC. MlvclAtes.l>ot PClge 2 of b Planning Commission Meeting of March 2, 2006 10. A third review of the remaining Conditions of Approval associated with UP04-0029 - 915 Linden Avenue Motion Sim I Second Giusti to approve the Consent Calendar. Approved by voice vote. Absent- Commissioner Teglia PUBLIC HEARING Moved before # 8 9. The City of South San Francisco/Owner The City of South San Francisco/Applicant Citywide P06-0017 & PCA06-0001 An ordinance regulating the locations and conditions for the individual and collective cultivation of medical marijuana. Public Hearing opened. Sergeant Normandy presented the staff report and gave a PowerPoint presentation. Assistant City Attorney Spoerl addressed the Planning Commission on procedural issues regarding the proposed ordinance. Those speaking in opposition were: Mr. Rick Gomez noted that South San Francisco has been a pioneer on many social issues that benefit the community but felt this was not one of those. He was concerned with dispensaries becoming a problem in the neighborhood, and how the distribution would be regulated. He noted that people may forge the identification cards. Brent Saupe spoke in support of the ordinance. He felt that the Medical Marijuana ordinance does not allow him to grow marijuana for more than one person. He added that the ordinance does not specify the fees for the Conditional Use Permit. He noted that many individuals chose cannabis because it is less expensive than pharmaceuticals. Tom Gregor felt that the ordinance is not conducive to South San Francisco and the City does not need it at the time. Tate Crisp opposed the ordinance and pointed out that this will cause problems in South San Francisco because it is difficult to keep people from overstepping the regulations. He was concerned with not having enough law enforcement in the City to regulate the flow of medical marijuana in the City. Sonia Miles spoke support of the ordinance and felt that there was discrimination and hypocrisy in the room from those that were not in favor of the zoning code amendment. She is allergic to pain killers and is using marijuana as a medicinal alternative to keep her from being incapacitated in bed. She felt that everyone needed to be educated on bio mass and encouraged those present to visit www.chrisconrad.com. She added that users of marijuana as a medicinal alternative are not criminals and are productive responsible users. Mathew Steven Pruitt, in support of the medical marijuana ordinance, asked the Commission to approve the ordinance, as it will provide flexibility to those that need. He stated that he is a medical marijuana user because of the many accidents he has endured in his work history. Bill Dake, resident, felt that individuals need to be treated in a medical way especially when they suffer from a lot of pain. He noted that as a former police officer he recognizes that if things are not spelled out and controlled, everything goes and this ordinance allows some flexibility for those that use marijuana for medicinal purposes. s:\MlvclAtes\Flvc~Lluct MlvclAtes\200b\03-02-0b RPG MlvclAtes,ctot p~ge 3 of b Planning Commission Meeting of March 2, 2006 Public Hearing closed. Commissioner Giusti asked how people would advertise the sale of marijuana. Sergeant Normandy noted that the present ordinance does not allow any more advertising because they will already have a relationship with the primary caregiver or other members of the collective. Commissioner Prouty questioned where the collectives would be located. Chief Planner Sparks and Sergeant Normandy replied that the ordinance prevents collectives in any residential zones. Sergeant Normandy added that a collective is allowed in the industrial zones and is specifically for the caretaker to support their patients. Commissioner Giusti questioned if individuals can grow their own plants. Assistant City Attorney Spoerl noted that state law allows for a commercial transaction as long as the patient has a relationship with the caregiver and pays for the cost of the cultivation. Commissioner Sim questioned if these could be located next to schools daycare and youth centers. Sergeant Normandy noted that the health and safety code limits the locations and the distance a collective has to be from those locations, but it is legal to ingest it in a home near a school. Commissioner Prouty questioned how the local and state laws would be in conflict with the federal law that prohibits use of marijuana in any realm. Assistant City Attorney Spoerl noted that the supreme court decided that Federal Law Enforcement can prosecute under the Controlled Substance Act. He pointed out that the decision upheld California Law and recognized the authority and validity of California's initiative as well as the health and safety code enactments that were put in place. Commissioner Prouty was concerned that the Federal Government would come into the City and raid the establishments. Chief of Police Raffaelli clarified that the dispensaries are not allowed by the Federal Government and by the District Attorney, but that a caretaker with 10 patients is allowed. He pointed out that there would not be any signs identifying the use of the property other than the address. Chief Raffaelli noted that the District Attorney has deemed that the ordinance is in compliance with the County's regulations. He pointed out that the ordinance calls for the plants to be cultivated away from the public eye. Chief Raffaelli noted that they want to regulate it for those individuals that need it for medicinal purposes. Assistant City Attorney Spoerl pointed out that dispensaries are not defined under state law and a collective is defined by the state. Commissioner Giusti asked where the cards are issued for identification purposes. Chief Raffaelli noted that the County is the agency that provides the identification cards. Commissioner Giusti questioned how much a person can grow. Assistant City Attorney Spoerl and Chief Raffaelli pointed out that in a residential zone a patient can have only one plant but a caretaker can have one per patient for a total of 10 patients. They mentioned that the definition of the term caregiver is any individual that runs errands, takes care of the home and is consistently taking care of the patient or patients. They also noted that a collective is a group of 5 caretakers with a maximum of 10 patients each. Commissioner Prouty questioned how the ordinance would be enforced. Chief Raffaelli stated that the ordinance requires that the collective be located in an industrial zone but that they apply for a use permit with the Planning Division. Motion Romero I Second Honan to approve Resolution 2651-2006 recommending that the City Council approve P06-0017 & PCA06-0001. Approved by majority voice vote. No - Commissioner Prouty. Absent- Commissioner Teglia, s:\MlvclAtes\Flvc~LLzel> MlvclAtes\200b\03-02-0b RPC MlvclAtes.l>ot p~ge -+ of b Planning Commission Meeting of March 2, 2006 8. Levitz SL San Francisco/Owner Home Depot/Applicant 900 Dubuque Avenue P05-0035, EIR05-0003 (SCH# 2005-08-2032) Conduct a public hearing and take public testimony on the Home Depot Draft Environmental Impact Report. Public Hearing opened. Senior Planner Carlson presented the staff report. Public Hearing closed. Vice Chairperson Honan asked that the Traffic Consultant give a summary of the traffic study findings. Mark Crane, Crane Transportation Group, noted that they looked at Home Depot in conjunction with Terrabay and Lowe's being fully constructed. He noted that Dubuque will be the main congestion area and cars will wait a couple cycles at the intersection. He added that vehicle queues will be extending to the afternoon hours. He noted that the entry driveway to the garage is not channelized far enough into the parking lot. He added that parking may not be adequate on Saturday afternoons for a couple hours. Commissioner Prouty asked if the Traffic Consultant has suggested making changes to the proposal. Mr. Crane noted that they have identified the problem and recommended that the applicant look at redesign of the parking lot. Commissioner Giusti suggested redesigning the garage also. Commissioner Romero felt that there is a conflict between the vehicles and foot traffic. Mr. Crane noted that the ramp at the second level does not pose as a problem because of its location. Vice Chairperson Honan asked if the delivery trucks would impact the traffic. Mr. Crane noted that the southerly driveway will have no pedestrian traffic and the delivery trucks would use this driveway. Vice Chairperson Honan asked if the calculations, which included Terrabay, factor in the retail portion of the project. Mr. Crane noted that the proposal included the version that was before the Planning Commission a few weeks ago. Commissioner Romero questioned if the consultant considered loading and unloading of building materials at the parking lot into the traffic study for circulation purposes. Mr. Crane noted that the parking isles are designed per the City's criteria for shopping centers. He added that there is always the potential for blocking the isles. ADMINISTRATIVE BUSINESS 10. A third review of the remaining Conditions of Approval associated with UP04-0029 - 915 Linden Avenue Moved to Consent Calendar under Agenda Review. ITEMS FROM STAFF Chief Planner Sparks noted that the Commission will have a Joint City Council/Planning Commission meeting regarding the Genentech Master Plan and the most current rendition of Terrabay Phase III. Assistant City Attorney Spoerl noted that there is an ethics training meeting that will be held on March 9th from 6-8 p.m. s:\MlvclAtes\FlvcaLlzel> MlvclAteS\200b\03-02-0b RPC MlvclAtes.l>ot page 5 of b Planning Commission Meeting of March 2, 2006 ITEMS FROM COMMISSION Commissioner Giusti asked for a status on the Cala j Bell market site. Senior Planner Carlson noted that there have been some issues at the site, but the project is still going forward. Commissioner Romero asked a list of deficiencies of the Fairfield Project. He also questioned if the applicant was seeking a condominium map at this time. Chief Planner Sparks noted that the developing is applying for a condo map which will go before the Commission and Council. ITEMS FROM THE PUBLIC None ADJOURNMENT 9:23 P.M. Motion Giusti / Second Sim to adjourn the meeting. Approved by unanimous voice vote. ~~ 'L,L Tho as ~rks '1 Secretary to the Planning Commission City of South San Francisco 11'~ William Zemke, Chair Planning Commissio City of South San Francisco TCSjbla s:\MlvclAtes\Flvc~Llul> MlvclAtes\200b\03-02-0b RPG MlvclAtes.l>ot p~ge G of G