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HomeMy WebLinkAboutMinutes 04/26/1984 April 26, 1984 Regular Meeting of the South San Francisco Planning Commission MEMBERS PRESENT: Chai rman Getz, Vi ce-Chai rman Terry, Commi ssi oners Grimes, Hoyer, Mantegani, and Martin MEMBERS ABSENT: Commissioner Bertucelli ALSO PRESENT: Community Development Staff Louis Dell 'Angela Daniel B. Christians Maureen K. Morton Ci ty Attorney Robert Rogers Chief James Datzman Sgt Ron Petrocchi Officer Mike Dixon Police Department Fire Department Dave Parenti Director of Public Services Robert Yee Code Enforcement Officer Mike Meloni Building Division Ray Laur PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS Vi ce-Cha i rman Terry questi oned the 1 arge si gn at the ARCO Stati on on Westborough Boul evard. He stated that it was hi s recoll ecti on that a small er si gn had been approved under the conditions of the Use Permit. Commissioner Grimes asked about the storage of manure adjacent to the Garden Shop at the Sav-On Drug Company at 180 El Cami no Real. He al so noted that parts of the parking lot were full of water. Director of Community Development Dell 'Angela stated that Staff would inspect these sites and report back to the Commission CONSENT CALENDAR City of South San Francisco, ZA-84-28, Negative Declaration No. 450 Set public hearing date on amendments to Section 29.90.010 of the South San Francisco Municipal Code (In-Lieu Parking Fees). Based on Staff's recommendation, this Item was removed from the Agenda. Tanforan Associates, Case No. UP-83-671 Review of sign program and trash enclosure in accordance with Special Condition No. 10 of UP-83-671 related to an approved development project at the northeast corner of Hunti ngton Avenue and Noor Avenue in the PCM - Pl anned Commerci al and L imi ted Industrial Zone District. Apri 1 26, 1984 April 26, 1984 Staff Report presented. Motion-Mantegani/Second Grimes: To approve the plans for a sign and trash enclosure for UP-83-671. Unanimously approved by voice vote. AGENDA ITEMS C. N. Chow, Bayland Properties, Ltd., UP-78-440, Units 5 and 6 (Modification No.5) Request for a time extension for a 155 unit residential project located along both sides of Ridgeview Court in Units 5 and 6 of the Stonegate Ridge Planned Community Zone District. April 26, 1984 Staff Report presented. Applicant's Representative Present: Attorney Theodore F. Bayer 332 Pine St., #400 San Francisco I n response to concerns expressed by the Commi ss i on at the Apri 1 12, 1984 meeti ng, Sgt. Ron Petrocchi and City Attorney Robert Rogers presented the following information: Sgt. Ron Petrocchi Police Department Sgt Petrocchi responded to a request from Ms. Dori s Agee requesti ng a barri cade at the top of Ridgeview Court. She noted that several burglaries had occurred in that area of the Stonegate Development. Sgt Petrocchi stated that crime reports indicated that there were a total of three (3) attempted burglaries all occurring on the same day. The suspect's car was parked in front of the burgl ari zed res i dences. Sgt Petrocchi i ndi cated that if a baracade was used Pol ice and Fi re Department access would be required. Sgt. Petrocchi made no recommendation for or against the barri- cade. Robert Rogers Ci ty Attorney In response to prior Commission questions, City Attorney Rogers stated that the Commi ssi on had the ri ght to grant or deny the time extensi on request. He stated that the Commission should not attempt to put any conditions on the extension that would restrict the alienability of the land. Chairman Getz expressed concern as to whether or not the extension of time was in the best interest of the Community. Motion-Martin/Second Hoyer: To grant a one year time extension until February 11, 1985, to allow additional time for the applicant to begin construction of UP-78-440 (Modificiation No.5) for Units 5 and 6 of the Stonegate Ridge Planned Community Development based on the Staff recommendati on. AYES: Commi ssi oners Grimes, Hoyer, Mantegani, and Martin. NOES: Chairman Getz, Vice-Chairman Terry. ABSENT: Commissioner Bertucelli. 1............ Apri 1 26, 1984 Anthony Valencia, UP-873-657 Use Permit revocation evidentiary hearing for non-compliance with the Special Condi ti ons of Approval. The Use Permi tis for an auto sal vage and parts storage facility at 150 Harbor Way in the M-2 Industrial Zone District. A Court Reporter was present for this hearing. Ci ty Attorney Rogers recommended that anyone who was to be a potenti al wi tness be sworn by the Court Reporter. Mr. Rogers advised that Mr. Valencia's counsel need not be sworn. Mike Meloni, Louis Dell 'Angela, Mike Dixon and Anthony Valencia were sworn. The April 26, 1984 Staff Report was presented. The following were entered into the record by the Court Reporter: Exhibit 1 - Staff Report of April 26, 1984 with all attachments. Exhibit 2 - April 24, 1984 Code Enforcement Officer Report. Exhibit 3 - Binder with photographs of the site at 150 Harbor Way. Mike Meloni, Code Enforcement Officer, testified that an on-site inspection was con- ducted on April 23, 1984. Inspecting the site at 150 Harbor Way were Mr. ~leloni, Senior Planner Daniel B. Christians, Officer Mike Dixon and Deputy Fire Marshal Dave Parenti. He advised the Commission that violations still existed on the site. Derek Goulding Attorney 135 N. San Mateo Drive San Mateo Mr. Goulding questioned Mr. Meloni. He then addressed each condition contained in the Staff Report. He requested that the Commission grant a six-month time extension to Mr. Valencia. Mr. Valencia addressed the Commission. He entered into evidence the following: Valencia Exhibit A - Small Map Valencia Exhibit B - Large Map Valencia Exhibit C - Photographs Valencia Exhibit D - Single Photograph There was Commission discussion regarding the required fence which had not yet been installed. Motion-Mantegani/Second Grimes: To recommend that the City Council revoke UP-83-657 based on the official record of documented violations and based on the three (3) fin- April 26, 1984 dings contained in the Staff Report. AYES: Commi ssi oners Grimes, Mantegani, and Marti n. Commissioner Bertucelli. Cha i rman Getz, Vi ce-Cha i rman Terry, NOES: Commissioner Hoyer. ABSENT: [NOTE: A complete transcript of this hearing will be on file with this case in the Department of Community Development.] The Court Reporter left the meeting at this time. Earl S. Kuhns (Lessee), V-84-276, Negative Declaration No. 441 Variance application pursuant to Section 20.38.100D of the Municipal Code to extend the termination date of the Adult Entertainment Business (Adult Bookstore) located at 107 Grand Avenue in the C-2, Central Commercial Zone District. April 26, 1984 Staff Report presented. Applicant's Attorney Present: Roger Jon Diamond 15415 Sunset Blvd. Pacific Pal asides Owner Present: David Ratto Millbrae Lessee (Applicant) Present: Earl Kuhns 245 16th Ave. San Francisco The Attorney, on behalf of the lessee and owner of the property, requested an indefi- nite extension of time for the bookstore. There was a di scussi on regardi ng the zone cl assi fi cati on for thi s property. It was determined that the property is zoned C2 - Central Commercial Zone District. The owner and lessee stated that it would be an economic hardship to close the busi- ness in December of 1986. They stated that there was no place in South San Francisco for them to relocate. Director Dell'Angela advised that the area on Spruce Avenue between El Camino Real and Canal Street was zoned C-3 and would allow an adult book store with Use Permit approval and no Variances. He noted that other C-3 zoned pro- perty was also available subject to Use Permit and Variance approvals. Motion-Martin/Second Mantegani: To approve Negative Declaration No. 441 and a vari ance to extend from March 5, 1984 to December 31, 1986 the termi nati on date of the Adul t Book Store at 107 Grand Avenue based on fi ndi ngs contai ned in the Staff Report. AYES: Chairman Getz, Vice-Chairman Terry, Commissioners Grimes, Mantegani, and Martin. NOES: Commissioner Hoyer. ABSENT: Commissioner Bertucelli. E. B. Motel (Patel & Patel) Appeal of the Director of Community Development's determination that the adult enter- tai nment porti on of the busi ness presently bei ng conducted at E. B. Motel, 1201 Airport Boulevard, is subject to Chapter 20.38 of the South San Francisco Municipa1 Code and shall be terminated. 1,,),,)'- April 26, 1984 April 26, 1984 Staff Report presented. Applicant's Attorney Present: Doulgas Gilles 425 California St. San Francisco Manager E.B. Motel Present: Mrs. Madhu Patel 1201 Airport Boulevard Mrs. Patel read a statement explaining the operation of the video tapes. She indi- cated that she has been the Manager of the E.B. Motel since 1978. Attorney Gilles stated that the issues of the case go beyond the question of adult entertainment. He indicated that the motel had been in business for several years and questioned the purpose of the regulations in the Zoning Ordinance. City Attorney Rogers advised the Commission that this is a zoning issue and that the Ordinance governs what can be done in certain zones. He indicated that the motel is located in a C2 Zone with residences next door. Motion-Hoyer/Second Terry: To deny the appeal by the owner and manager of the E. B. Motel and concur wi th the Oi rector of Communi ty Oevelopment in hi s i nterpretati on that the E.B. Motel is an Adult Entertainment establishment pursuant to Chapter 20.38 of the South San Francisco Municipal Code and, as such, the adult entertainment por- tion of the business must be terminated pursuant to Section 20.38.1000 of the South San Francisco Municipal Code. Unanimously approved. Innovative Concrete Systems, SA-82-76 One year time extension request to record Final Subdivision Map SA-82-76, a 56 unit condomi ni urn proj ect located between Gell ert Boul evard and Appi an Way enti tl ed St. Francis Terrace Unit No.2, Lot 3, Westborough 4A. By unanimous voice vote the Commission continuted this case to the May 10,1984 meeting due to the absence of the applicants. Items from Staff Staff noted that there will be a joint City Council and Planning Commission study sessi on hel d on May 16, 1984 to di scuss the Draft Housi ng E1 ement to the General Plan. Items from the Commission Commissioner Martin requested that a uNo DumpingU sign be posted on vacant property on Appian Way and Gellert Boulevard Items from the Public Jim Keegan 44 Crestwood April 26, 1984 Mr. Keegan commented on the progress that had been made on the old Kaiser Hospital bui 1 di ng si te and on the Brosnan proj ect. He requested a status report on the 01 d Magnolia School site. Director Del11Ange1a advised Mr. Keegan that the City and County had funded a study of this site for possible use as a senior center. He indi- cated that it would take approximately two more months to complete this study. Adjournment: 11:30 P.M. ~\...~t\ Q..s.-.--~. 0 LOU1S De I - -- nge a - ~ Secretary, Planning Commission City of South San Francisco Charles w. Getz IV Chairman, Planning Commission City of South San Francisco