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HomeMy WebLinkAboutMinutes 1994-02-16 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna ----Roberta Cerri Teglia Robert Yee AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: ORAL COMMUNICATIONS 2/16/94 Page 1 MINUTE_~ City Council Municipal Services Building Community Room February 16, 1994 154 ACTION TAKEN ADJOURNED REGULAR MEETING 7:10 p.m. Mayor Fernekes presiding. Council Present: Drago, Penna, Yee and Fernekes. Council Absent: Teglia. Planning Commission Members Present: DeZordo, Lucchesi, Padreddii, Romero, Warren, Zellmer and Mantegani. Planning Commission Members Absent: None. ORAL COMMUNICATIONS Ms. Gloria Delong, San Bruno, stated her grand- parents came here in 1792 and she had been a long time resident. She stated that her S.S.F. tenants were going to move out because they don't want a half-way house on 2nd Lane. She stated this was inappropriate when there is one on Baden and one in the 300 block and questioned if the Council was turning Baden into half-way houses. She stated the house at 536 2nd Lane is supposed to be a single family home, however, the builder stuck in an in-law apartment and was putting in the toilet and the kitchen. She stated the builder told her he was going to do that and she told him it was not legal. She stated that the seller of the property told the tenant he was sorry that he had to do this to them, but this was going to be a half-way house for drug addicts and that the addicts would not have autos. She felt this use should not be allowed because it is a vital issue relating to the safety and protection of their children. Ms. Evelyn Martin stated she had a house in front of the back of this unit, there were two units on the A~ENDA ORAL COMMUNICATIONS 2/16/94 Page 2 ACI!ON TAKEN - 155 ORAL COMMUNICATIONS Lane, which would block sunshine to her house and this particular one faces her kitchen. She stated that she did not want to have men looking in on her and this would change her life style. She stated that she was here to support the widows and three single ladies who rent places in the area and they did not want men like that in the area. She wanted to stress to the Council that there were rats in the area, because of people being careless with garbage, brown spots from graffiti being constantly painted out, she had been robbed four times and a boy had been knifed. She stated that Baden and Commercial were becom- ing the other side of the tracks, yet the history of this town shows it was the first residential area, and urged the Council to not let this degradation of a neighborhood happen. She stated that a current element in the neighborhood is bad and, if we allow these people in, they could be bad. She hoped they would not sell drags behind her fence, which made her and all the neighboring women afraid. Mr. Al Martin, 541 Rocca Ave., stated his concern for the people in the area living in apartments and, if they had known about the half-way house, they would not have moved in. Mr. Itelli stated he lived across the street from the half-way house, was already concerned with existing problems of graffiti and didn't need the problems the half-way house would bring. City Manager Wohlenberg stated that, under a ten year old State law, a six bed or under facility in a residential area does not require City approvals, as these are provided at the State level through a li- cense. He stated that Project 90 was operating these homes in the community right now and the Police had not had problems with these facilities. Assistant City Manager Martel stated there was currently a total of four of these facilities: 314 Baden Ave., two on Lewis, one on Cypress and they are all Project 90 facilities. She stated that the operator told her that 535 2nd Lane will be used for a drug rehab residential center. A~ENDA ACTIQN TAKEN 156 ORAL COMMUNICATIONS Joint Meeting with Planning Commission to discuss items of mutual concern. ~D~ ORAL COMMUNICATIONS She was not aware of an in-law apartment, but would look into it. Discussion followed: how long the people stay in the transitional house; whether the property was exempted from Building Code because of the use - and, if it was not, then it should be investigated by code enforcement; the facility had to meet code requirements; how to protect a neighborhood from a proliferation of these facilities; Assistant City Man- ager related they could not be closer than 300 feet, however, the two on the site were different uses; staff should mark a map with the locations of all of these facilities throughout the City; City Manager would invite the Director of Project 90 to make a presentation at the next meeting and answer ques- tions. Ms. Janet Scanzi stated that her neighborhood was ringed with gangs and shootings and she did not feel this use was suitable in a neighborhood with all of the existing violence. Mayor Fernekes welcomed newly appointed Plan- ning Commissioner Romero. City Manager Wohlenberg summarized objectives to be developed: what do you want the community to look like in the year 2000 in housing and indus- trial types; determine our strongest assets; become stronger in biotechnical industries; sharpen vision for the future and the policies will follow; etc. Acting Director of Economic & Community Devel- opment Solomon expressed staff concerns: tension over the way they were implementing existing City codes; tension and divergence of the written policy and the unwritten policy of the Council; develop- ment of a statement to guide implementation of ordinances; addressing the redevelopment policies; to set boundaries on different kinds of construction or expansion of existing structures or development of new buildings on a raw site; for Council to look at the General Plan and Zoning Ordinances. Planning Commission Chairman Mantegani ex- pressed concern that the Council upheld the appeal by Mr. Uccelli for the Salvation Army use on Mis- sion Road and made the conditions more flexible 2/16/94 Page 3 A~ENDA 1. Joint Meeting - Continued. 2/16/94 Page 4 AC_T_IQN TAKEN 157 without changing the ordinance. Councilwoman Teglia noted: they were getting remote from the people who live here and they should get out in the neighborhoods and find out how the people want the community to look in the future; with respect to the shopping center on Mis- sion Road, the Commission had done exactly what the rules show, the Council made a deal because they did not want to see a shopping center with its largest building empty, even if it didn't fit with the rules and regulations; she felt the Commission could have made the same deal. Planning Commission Chairman Mantegani question- ed how the Council could make a deal with only one property owner. Councilman Penna related his visions for the City: densities of 50 to 100 to the acre; sees the hub of transportation where the station is now and on Air- port Blvd; a connector taking place with Caltrain going to 1st Street and connecting with BART going to Gilroy; sees the entire area between Spruce and 101 having the density of at least 100 to the acre, rather than 30; parking requirements diminishing with transportation taking up the slack; saw what was happening with the Atkinson building as the catalyst to revamp Orange and Railroad and the changed use. He questioned why staff had a problem with codes and enforcement, when we had been dealing with the same ones for many years. Planning Commission Chairman Mantegani stated that the economic times had changed and there are structures that people do not want to bring up to code and are looking for relief. He stated that this City would not favor a density of 100 units to the acre. Councilman Yee stated he had received many calls during his two years on Council regarding red tape associated with development and its many complica- tions. He stated he saw many vacant buildings east of 101 and tonight the Council had to address the short term problems, in order to be productive, and what we are going to do about a solution to the problems. A~ENDA A~!!Q~ TAKEN 1. Joint Meeting - Continued. 2/16/94 Page 5 158 He stated that the code we have now deals with landscaping of new buildings and is not a problem, however, with old buildings there is a problem in meeting the 10% requirement. He stated that, to make the community viable and grow, changes had tO be made and soon. He stated that different stan- dards had to be established between the old and new buildings and the City had to reduce their require- merits, otherwise the businesses will leave the area; etc. Councilman Drago stated there were three areas to be dealt with: we can't treat the old buildings like the new buildings, the code had to be changed and staff has to be more flexible, because he did not believe that half of these problems should come to Council. He did not view staff as the ones to cite codes, instead they are to find out the intention of the codes, which are not any different than the Fire Code. He stated, if buildings could not structurally meet the code, then you look for the intent and staff should act reasonably. He stated that, if staff could not act reasonably, we do not need them and could bring someone in, however, the main thing is to sit down and make things work and tell the people how they can comply. He related: it was time to go back and review the General Plan; as for 100 units to the acre - he hoped he was not around to see it. Mayor Fernekes felt they were missing the boat in a couple of areas: the planning and permit process seems to be so cumbersome that there are numerous complaints; maybe we need a new General Plan but, in the interim, we have to remedy the problem; accepting Councilwoman Teglia's idea and getting to the public to see what they want in their areas; there should be a concentrated effort to work together and try to find the whole goals of the City and the needs for growth - but not 100 units to the acre; BART was one of the new things happening and Council had to see how that was going to effect the City; what was going into the Atkinson property, because the City had not received plans or concepts; what was happening with Terrabay. Planning Commission Chairman Mantegani reiterat- ed that they had to focus on the permit process. He AGENDA fiCTION TAKEN 159 1. Joint Meeting - Continued. 2/16/94 Page 6 stated they may decide on a further out reach to the neighborhoods, but they needed to get direction on where they were going on the non-conforming struc- tures. Discussion followed: there were many problems in the neighborhoods, one of which was articulated earlier tonight by residents regarding transitional uses of homes that deteriorate neighborhoods; apartments with transients are hot beds; Council- woman Teglia had been on the Task Force that had involved the neighborhood and dealt with gangs, and now that effort had to be taken up again; the new people coming into the community had new customs and cultures that are having a profound influence on the town; the experiment in the downtown in the 1970's that changed the parking requirements in the R-3 zone; people were con- concerned about too many apartment buildings in with homes; the downward spiral of housing values; the downtown experiment had not worked in parking and the problems were intensifying; loosening up the conditions on parking and landscaping; Council- man Penna looked at staff as being deal makers when people come to the City to establish and they should explain the codes and make them compatible - and the Planning Commission should assist in bringing that together. Planning Commissioner Warren related: there should be a balance between the residents and the business- es, rather than giving the City away to one or the other, which was a disservice; she felt the devel- opers chronically and historically have said it cost way too much money, which was on-going rhetoric; the developers have build 800 and 900 sq. ft. homes, which are still sitting on the market because people want bigger homes; single family homes were selling better than condos, which goes against the idea of less parking; they were trying to attract biotechnical businesses, which require good esthetics and a good community with nice homes in which to locate. Discussion followed: Genentech's campus, parking and master plan; what would happen ten years from now if Genentech sold their properties and the park- ing had been waived; Council had to set guidelines for staff and the Commission if they wanted them to be deal makers; in deal making, certain people get what they want and others don't; there A~ENDA Joint Meeting - Continued. ~CESS: ~ _.ECALL TO ORDER: 2/16/94 Page 7 ACTION TAKEN was a conflict of economic survival, many build- ings are vacant and the City has to be more flexible; Commissioner Lucchesi stated everyone looked like fools on the last appeal because, in one area, a person had to demolish a third of a building for required landscaping and parking while, in an- other part of town, a person didn't want to do that, appealed and the appeal was upheld; Councilman Drago felt he and Councilman Yee will, as a Sub- committee, hopefully enhance the permit process and invited two members of the Commission to sit on the Subcommittee; he questioned why a tree was asked for on a lot when it was not suitable; Council- man Perma felt staff makes interpretation that allows houses on 25' lots and they should make sure the development has quality and not discourage develop- ment; Commissioner Zellmer stated he was a realist and there existed two issues - vision and a process; he stated the system had to be streamlined and made user friendly without giving the shop away; there were limited opportunities to improve existing uses; he agreed with Councilwoman Teglia on changing the standards on non-conforming uses; staff had to determine if the project was doable; Commiss- ioner Padreddii heard many complaints from small contractors about strict regulations; felt the City was laughed at because of the rigidity; he felt the serious problem was with the Design Review Board, which is composed of outsiders who are over qualified; he attended a meeting with Genentech, who said they would do whatever was required, and the Design Review Board tore their master plan apart; felt the Board should be deleted or cut down to three peo- ple; he felt people were doing things without permits because they don't want a hassle; problem with a business being vacant for six months, such as Tony's Hof Brau, and must now comply with codes; Councilwoman Teglia related that the Design Re- view Board does not make decisions - the Chief Planner does; Commissioner DeZordo stated that people have to face the five members of the Board who rip them apart when it should be an over-the- counter discussion with staff; Councilwoman Teglia felt planners should work with home fixer uppers and contractors, but big developers come in with big guns; etc. Council recessed the meeting at 8:55 p.m. Mayor Fernekes recalled the meeting to order at 9:12 p.m., all Council and Planning Commissioners A~ENDA A~TION TAKEN Joint Meeting - Continued. 2/16/94 Page 8 161 were in attendance. Mayor Fernekes asked what the Commissioners wanted to see from Council. He suggested having another meeting with a facilitator to get something in writing because, this way, we are going in circles. Planning Commission Chairman Mantegani appoint- ed Commissioners DeZordo and Lucchesi to the Subcommittee. Councilwoman Teglia commented: there was a risk in people doing work without permits today because they still had to conform to the rules and codes; Council made a deal with the shopping center be- cause, at the time it was developed, there were no standards - so they had to make the call for the less than 10% landscaping in view of economic condi- tions, neighborhood problems and not wanting this large space to remain empty; when businesses leave the City they inform the City in advance and usually it's for corporate reasons; there had been previous flexibility of Council, depending on an individual's last name, in bending the rules. Discussion followed: letting staff draw up guide- lines and come back to both Bodies; why not give it to the Subcommittee rather than staff, otherwise they will come up with a wish list; Councilman Penna was concerned staff is telling developers they have to pay for initial studies and who they will use; City Attorney related that must be done due to CEQA rules; Councilman Penna questioned why staff could not do it, instead they are saying there must be a peer review - where another consultant is hired to do the work; staff was using the PUD process to in- crease flexibility and provides for quid pro quo and a bending of the rules; could the Commission get benefit back from the applicant, such as a park, dedicated open space, a contribution or something for the community; a standard had to be set after Council is in agreement. Councilman Drago was in agreement with a standard being set. Councilman Yee said no, the reason for the PUD was its uniqueness and, if you set a standard, how do you change when the PUDs intent is flexibility. AGENDA ACTION TAKEN Joint Meeting - Continued. PLANNING COMMISSION ADJOURNMENT: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. 162 Discussion followed: applicants play the Council against the Planning Commission; Councilman Yee felt the City should get something back from the applicant; does the Council want a trade-off and should the Commission be proactive on the trade- offs; Councilman Penna would rather see park fees than a park; Commissioner Warren wanted to en- courage private streets to take the burden off the City. Consensus of Council - For the Planning Commis- sion to work with flexibility. Planning Commissioner DeZordo stated there had been requests to make condos out of duplexes and triplexes by splitting lots and felt this could improve the neighborhood. Discussion followed: Council was waiting for rec- ommendations from the Commission on lot splits; to make it work, they must relax parking standards for older residences; a developer had refurbished a home, built a new home and could not sell either or both; could require two parking spaces, but you can't split a duplex; Building Division personnel need "happy classes"; should also look at informa- tion being handed out to the public; non-conforming uses and perhaps extending the six months; current procedure on EIR process; under CEQA guidelines, if project is not exempt then there are stipulating guidelines of an EIR or an expanded initial study; staff might hire someone for concerns and owner pays for it; given cuts Council made, staff can't do work; staff does not have someone versed on traffic and toxics and needs to hire a professional to review another professional. MIS DeZordo/Warren - To adjourn the Planning Commission meeting. Carried by unanimous voice vote. Time of adjournment was 10:00 p.m. Council adjourned to a Closed Session at 10:01 p.m. for litigation, pursuant to GC 54956.9a, City of S.S.F. vs. EPOCH (aka Shearwater), City of S.S.F. vs. Crown Sterling Suites, S.S.F. vs. South City Ford, and personnel matters, pursuant to GC 54957, performance of Assistant City Attorney. 2/16/94 Page 9 AGENDA _AC_TIQN TAKEN RECALL TO ORDER: ADJOURNMENT: 163 Mayor Fernekes recalled the meeting to order at 10:45 p.m., all Council was present, no action was taken. Councilman Yee requested an agenda item for the first meeting in March from the City Manager on the financial status of the Oyster Point Interchange Project. MIS Drago/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:46 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk/ City of South San Francisco APPROVED. Jo ~~ es, May/}r ~ City ~f Sou~ San Francisco----- _he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 2/16/94 Page 10