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HomeMy WebLinkAboutMinutes 10/13/1984 October 13, 1983 Joint Study Session of the South San Francisco Planning Commission and South San Francisco Parking Place Commission MEMBERS PRESENT: Planning Commission: Chairman Hoyer, Vice-Chairman Getz, Commissioners Bertucelli, Grimes, and Terry MEMBERS ABSENT: Planning Commission: Commissioners Mantegani and Martin MEMBERS PRESENT: Parking Place Commission: Commissioners Rosaia, Sciandri, and Ross ALSO PRESENT: Community Development Staff: Louis Dell 'Angela Maureen K. Morton Director of Finance: Barry Lipton Parking Place Commission Chairman Sciandri explained that the major issue of concern was future development in the downtown area and how additional parking could be provided to accommodate the new development. Since the Department of Communi ty Development Staff recommended agai nst imposi ng i n-l i eu parki ng fees, .the Parking Place Commission wanted to know the Planning Commissionls views on how to deal with new development and additional parking. Associate Planner Maureen K. Morton reviewed the results of the survey of other cities which had on-going in-lieu parking fee programs. Planning Commissioner Grimes asked what in-lieu fee was being contemplated. He raised several other points regarding the location and access to parking. Parking Place Commissioner Rosaia stated that the Commission knows what the parking problem is now. It was unclear what that problem will be in the future, especi all y in 1 i ght of the development east of the freeway. He noted that it was difficult to say IInoll to a new downtown development. Di rector of Communi ty Development Loui s Delli Angel a di scussed some poss i bi 1 i- ties for the Commissions to consider. One was to add up all of the commercial floor space wi thi n a certai n radi us of a proposed new development and compute the number of available parking spaces to serve these uses. If there \vas a shortfall of available spaces to meet current standards, the proposal could be denied. Parking Place Commissioner Rosaia agreed with this policy as a short-term solu- tion in reviewing new development proposals in the downtown area. Vice-Chairman Getz added that a longer-term solution was also needed. He stated that a parking structure was needed and that it could be financed through a com- bination of assessment district, in-lieu fees, and redevelopment. He also sup- ported investigating the concept of a shuttle bus/tram from the Gateway development to downtown. Parking Place Commissioner Rosaia stated the present parking bonds would be retired in one or two years. He noted that the Parking District plans to hire a 1275 October 13, 1983 Joint Study Session Planning Commission & Parking Place Commission consultant to study parking in the downtown area. The consultant would recom- mend a 1 ocati on for and fi nanci ng al ternati ves to construct a new parki ng garage. Director of Community Development Dell'Angela agreed to work on developing the above concepts and will present them to both Commissions at a future date. Adjournment: 7:30 P.M. ~~ Og. ~_ Loui s De 1 a, Secretary --.;;;a Planning Commission City of South San Francisco " Herman Hoyer, Chairman Planning Commission City of South San Francisco 1276 October 13, 1983 Regular Meeting of the South San Francisco Planning Commission MEMBERS PRESENT: Chairman Hoyer, Vice-Chairman Getz, Commissioners Bertucelli, Grimes, Martin and Terry MEMBERS ABSENT: Commissioner Mantegani ALSO PRESENT: Community Development Staff Louis DelllAngela Daniel B. Christians Philip Gorny Maur,eien K. t'10rton Assistant City Attorney Elladene Katz Police Department Russ Moss Fire Department Director of Public Services Dave Parenti Robert Yee Building Division Jake Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Motion-Grimes/Second Bertucelli: To approve the Minutes of the September 8, 1983 Meeting as presented. AYES: Commissioners Bertucelli, Grimes, Martin and Terry. ABSTAINED: Chairman Hoyer, Vice-Chairman Getz. ORAL COMMUNICATIONS Chairman Hoyer advised that a Court Reporter would be present for Agenda Items 8 and 9 (Ernest Magui re, V -83-267 and Cl ass i c Van, UP -83-646) and that when the reporter arrived these items would be heard. AGENDA ITEMS Genstar Development Inc (Broadmoor Homes, Northern Division), SA-83-81, Negative Declaration No. 416 Revised tentative Subdivision Map for a proposed 53 unit residential, air-space condomini um proj ect wi th common parki ng and 1 andscapi ng on Lot 4 of the St. Francis Terrace Condominium Project located between Appian Way and Gellert Bouelvard, south of Westborough Boulevard. October 13, 1983 Staff Report presented. Applicant Present: Gene Fuller Broadmoor Homes 6250 Village Park Way Dublin 1277 October 13, 1983 Speaking in Opposition to the Application: Donal d r~ul vihill , President St. Francis Terrace Homeowners Assn. Arthur Wolf 104 Valleyview Westborough Way Home Owners Assn. Mr. Mulvihill expressed concerns of the St. Francis Terrace Homeowners Association and read into the record a letter from the Association dated October 11, 1983. Mr. Mulvihill stated that Broadmoor Homes sold Phase 2 of this pro- ject and the Association was not informed of this. Mr. Wolf expressed concern that the pedestrian stairway located between Lots 3 and 4 had not yet been built and that the children in the area had no safe way to cross thi s property from Appi an Way to Gell ert Boul evard. He al so stated that the buffer zone on the south end of the proj ect was only three (3) feet from the property line. He added that landscaping on the south end of the pro- ject should be of sufficient width to provide privacy for the homes already bui 1 t.. He felt that the II No Parki ng" si gns currentl y on Appi an Way shoul d be removed. Mr. Christians stated that the required stairway between Lots 3 and 4 would be built concurrently with the next building phase. Commissioner Martin felt that the Special Conditions of approval should include a requirement that a cyclone fence be bui 1 t around the enti re perimeter duri ng constructi on for safety pur- poses. Mr. Christians further stated that the site plan indicates a buffer zone which averages about twenty (20) feet in width. He also stated that about 35-40 trees were to be planted as a part of the landscaping requirement. Mr. Tronoff indicated that the setback at the area questioned by Mr.. Wolf was about five (5) feet. Mr. Yee advised the Commission that, in his opinion, removal of the "No parking" signs on Appian Way was undesirable. A question arose about the intention of Broadmoor Homes to sell this land. Mr. Fuller advised the Commission that the sale was currently in escrow and that he coul d not di vul ge the 'name of the prospecti ve buyer. Di rector of Communi ty Development Delli Angel a stated that the pl ans currently approved woul d be the pl ans followed whoever constructs the proj ect. He advi sed the Commi ssi on that there is no guarantee that any applicant proposing a project would ultimately be the developer of the proj ect. It was the consensus of the Commi ssi on that the developer \AJho ..i s interested in buyi ng the 1 and shoul d appear before them. Vi ce Chairman Getz asked the Assistant City Attorney if it would be possible to make a finding and condition that the permit is not transferable.. The Assistant City Attorney cited the CC&R's which state that the owners have a right to assign any or all interest in this property to a subsequent buyer. Moti on-Getz/Second Marti n: To conti nue SA-83-81 and Negati ve Decl arati on No. 416 to the meeti ng of November 10, 1983 in order to allow Broadmoor Homes the 1278 October 13, 1983 opportuni ty to have the Developer of -this project appear before the Commission. Unanimously approved. At this time it was determined to consider Items 8 and 9 before considering the remainder of the Agenda. The Assistant City Attorney advised the Commission that the City Attorney has determined that sworn testimony is required in all revocation hearings. Vi ce-Chai rman Getz expressed hi s obj ecti on to thi s procedure stati ng that, in hi s opi ni on, it was . an extreme readi ng of case 1 aw and due process. He requested the Chai rman to ask Mr. Rogers, the Ci ty Attorney, for a wri tten report to clarify the reasons and authority for this procedure. Chairman Hoyer agreed to request this clarification. Ernest Maguire, Jr., V-83-267 Revocati on of Vari ance to allow an addi ti on, al ready constructed, to encroach 51611 into the required rear yard setback at 120 IIBII Street. Associate Planner Maureen K. Morton was sworn. October 13, 1983 Staff Report was presented by Ms. Morton. A letter dated October 8, 1983 from Mr. Maguire was read into the record. Mr. Maguire advised the Commission of personal problems and requested additional time to bring his Variance into compliance. A set of revised plans was attached. His letter indicated that he would be unable to attend this Meeting. The applicant was not present. The letter, plans and evidence of notification, were marked as Exhibits for the record by the Court Reporter. Chief Building Inspector Jake Wittwer, after being sworn, advised the Commission that the newest plans submitted by Mr. Maguire were substantially the same plans as he submitted last Spring. Mr. Wittwer also stated that the plans were diff- icult to understand and the questions originally raised by the Building Division still remained unanswered. Mr. Wittwer advised the Commission that his Department had offered ~~r. Magui re assi stance. He al so advi sed ~~r. Magui re to get professional building design assistance to prepare his plans. Mr. Maguire did not do this nor did he contact the Building Division for any assistance. Assistant City Attorney Katz asked Mr. Wittwer if he had a professional opinion as to whether or not the current plans submitted by Mr. Maguire would meet City requirements. Mr. Wittwer responded in the negative. No one in the audience wished to speak on this application. Motion-Martin/Second Grimes: To recommend that the City Council revoke Variance V-83-267 based on information and findings contained in the Staff Report. Unanimously approved. 1279 October 13, 1983 Peninsula Auto Center, Inc. (Classic Van), UP-83-646 Revocation of UP-83-646, a facility for sales and custom conversion of automotive vans and improvement of a parking lot at 105 Linden Avenue. Senior Planner, Daniel B. Christians was sworn. The October 16, 1983 Staff Report was presented by Senior Planner Christians. The Assistant City Attorney distributed to the Commission copies of the October 6, 1982 judgment against Classic Van and explained this judgment.. Certai n documents, i ndi cat; ng that the appl i cant was property noti fi ed, were introduced into evidence and marked as Exhibits by the Court Reporter. The record reflected that Mr. Wittwer was already under oath. Mr. Wittwer clarified for the Commission violations of the Uniform Building Code which related to the property in question. Speaking from the Audience: Wallace Coppock 620 E. Washington St Petaluma Mr. Coppock requested that he not be sworn. The Assistant City Attorney agreed to his request. Mr. Coppock advised the Commission that, if he had known that sworn testimony was requi red, he woul d have asked Mr. Bloss, the owner of Peninsula Auto Center (Classic Van) to be present.. He advised the Commission that the applicants, the Blosses, were currently in Chapter 11 protection under the Bankruptcy Act of the United States. He noted that a trustee was appointed for thei r interests and thei r corporate interests on or around March 1983. According to Mr. Coppock, an Administrative Trustee was appointed for the indi- vidual in September of 1982 and a Trustee was appointed for their corporate interests ; n the Spri ng of 1983. Mr. Coppock reques ted a conti nuance of thi s hearing to the November 10, 1983 Meeting so all concerned parties could be pre- sent. The Assistant City Attorney stated that the City Attorney had never been notified of the bankruptcy proceedings. Motion-Getz/Second Martin: 1. Recomnend to the Ci ty Counci 1 that they grant a tri a 1 or heari ng de novo on this application to revoke. That representation was made by an Attorney, Mr. Coppock, who alleged that he represents the Bl asses. That the Bl osses, or the appl i cants herei n, are in Chapter 11 protecti on under the Bankruptcy Act of the United States and that a trustee was appointed for their interests and their corporate interests, as well, on or around March 1983. According to Mr.. Coppock, an Administrative Trustee was appointed for the indivi- I') c... 1280 October 13, 1983 dual in September of 1982 and a Trustee was appoi nted for thei r cor- porate interests ln the Spring of 1983. Mr. Coppock further represented that he does not have, at thi s time, authori ty from the Trustee to represent any interest, either individual or corporate. He requested a continuance on the grounds that the Trustee should be given notice of these proceedings and all other interest and holders involved in the bankruptcy proceedings. 3. That the Commission has concerns of health and safety alleged in the conti nued operati on of Cl ass i c Van I s Use Permi t and that the con- tinuance would not be in the public interest of this proceeding. Therefore, in order to avoid any problem alleged with notice of having the proper parties in front of this Commission, and as alleged by Mr. Coppock that the Trustee was not notified of this hearing in a timely fashion, the Commission makes no recommendation to the City Council as to the revocation on these grounds and that the Commission, therefore, requests the Ci ty Counci 1 hold a heari ng de novo at its earl i est con- venience and take appropriate action. The Motion was approved by unanimous roll call vote. Thomas J. Callan Jr., PM-83-207 Tentative Parcel Map for a proposed resubdivision of approximately 15.3 acres,6f 1 and on the wesf s i de- of Gell ert So"ul evar-d, north bf ~Jestborough Soul evard in the C-l Neiqhborhood Commercial Zone District. October 13, 1983 Staff Report presented. Applicant Present: Applicant1s Representative Present: Thomas J. Callan Jr. 2790 Junipero Serra Daly City Gilbert Rodli Mr. Rodl i advised the Commission that discussions are underway with a major developer for a sizeable hotel on a 10 acre portion of the property. He stated that the plans were conceptual at this point. The applicant requests a meeting with the Commission on November 10, 1983 for a short presentation outlining the concepts of the project prior to submittal of a formal application. For this reason, a continuance to the November 10, 1983 meeting was requested. Director DelllAngela advised the Commission that the current lotting arrangement was not satisfactory. Vice-Chairman Getz and Commissioner Martin concurred with Mr. DelllAngela. fvlr. Call an rei terated Mr.. Rodl i I S request for a conti nuance. He advi sed the Commission that it was his intent to request plans from this Developer within thi rty days if the Pl anni ng Commi ssi on approves the concept. He further stated that common sense woul d di ctate that the pl an be one that woul d meet wi th the Commission1s approval. 1281 October 13, 1983 Conmissioner Martin advised Mr. Callan that he would not support any land divi- sion on this site unless the plan addresses the 67% slope. A question arose regarding the six (6) month time limitation to take action on a parcel map. The Assistant City Attorney asked Mr. Callan if he would state that he is willing to waive this time limitation.. Mr. Callan agreed to waive the time limitation. Director Dell 'Angela advised Mr. Callan that he should submit a/revised Parcel Map~rlcljl Use Permi t app 1 i cation with a supplemental E IR for Staff'srevlew prior to a new hearing beinq scheduled in this Map. The Commission concurred that this procedure should be followed: ~10ti on-Getz/Second Grimes: To conti nue P~~-83-207 off cal endar. Unanimously approved. Renan Dominguez (Dominguez Associates), SA-83-82, RPD-79-8/Modification, Negatlve Declaration No. 419 Tentative Subdivision Map and Residential Planned Development Modification per- mit for a proposed 17 lot residential condominium project located north of the northerly terminus of Eucalyptus Avenue, southeast of Stonegate Drive. October 13, 1983 Staff Report presented. Applicant Present: Renan Dominguez 306 Railroad Ave. Speaking on the Application: Doris Agee 819 Ridge Court Lucille Creamer Park Avenue Hgts Homeowners Assn. Mrs. Agee asked Staff if the Design Review Board would review the plans again ,before constructi on.. Mr. Chri sti ans advi sed that 1 andscape and fence pl ans would be reviewed by the Design Review Board. Mrs. Agee asked if the Board coul d revi ew the enti re proj ect agai n. Vi ce-Chai rman Getz stated that the Commission had a disagreement with the Design Review Board's recommendations and that the Commission did not wish to have the plans returned to the Design Review Board. Mrs. Creamer's main concern was with the winterization of the slopes. This was to have been accomplished last year. She was concerned about movement of the earth. She advised the Commission that the Homeowners Association was pleased with the overall plan. Commissioner Martin requested that the Design Review Board address the problems concerning landscaping to ensure that intense landscaping would be installed for slope stabilization. 1282 October 13, 1983 Assi stant Ci ty Attorney Katz requested that the foll owi ng speci al condi ti on be added: 119. The proposed map shall comply with the City Subdivision Ordinance, Title 19, Chapter 15.56 of the South San Francisco Municipal Code and the Subdivision ~~ap Act..1I Motion-Martin/Second Bertucelli: To approve SA-83-82, RPD-79-8/Modification and Negative Declaration No. 419 subject to all conditions, including above added special condition 9, contained in the Staff Report.. Unanimously approved.. Sami I. Totah, UP-83-665, Negative Declaration No.. 418 Use Permit for a proposed dwelling unit and garage addition to an existing com- mercial building' at 7 Linden Avenue. October 13, 1983 Staff Report presented. Applicant Present: Sami I. Totah 7 linden Ave.. Motion-Getz/Second Terry: To approve UP-83-665 and Negative Declaration No. 418 subject to all conditions contained in the Staff Report.. Unanimously approved. Rich Diodati (Odella's Oyster Bar), UP-83-668, Negative Declaration No. 420 Use Permit to permit the sale of alcoholic beverages in conjunction with an eating establishment, shellfish holding tanks, and sign program at 377 Oyster Point Boulevard, Unit #13, in the M-2 Heavy Industrial Zone District.. October 13, 1983 Staff Report presented. Owner's Representative Present: Mark Wheeler, Representin Rich Diodati Applicant's Representative Present: Paul Davis, Representing Odella's Oyster Bar The applicant requested that the hours of operation not be limited to those men- tioned in the Staff Report. The Commission had no objection to longer hours of operation as long as the hours conformed to the Alcoholic Beverage Control regu- 1 ati ons. The Associ ate Pl anner stated that the hours were not 1 imited by the Special Conditions. Motion-Bertucelli/Second Grimes: To approve UP-83-668 and Negative Declaration No. 420 subject to all conditions contained in the Staff Report. AYES: Chairman Hoyer, Commissioners Bertucell i, Grimes, Martin and Terry. ABSTAINED: Vice-Chairman Getz. 1283 October 13, 1983 Paul Jackson (paul's Campers), UP-83-667 Use Permit for sales of camper shells, installation and minor repairs at an existing facility at 656 El Camino Real in the C-2 Central Commercial Zone District. October 13, 1983 Staff Report presented. Applicant Present: Paul Jackson 656 El Camino Real The applicant agreed with Staff's recommendation for a continuance in order to redesign the site plan. Motion-Getz/Second Grimes: To continue UP-83-667 to the Meeting of November 10, 1983. Unanimously approved. ITEMS FROM STAFF Hearing Date for Revocation of UP-83-643, Wagner-Levine, Inc. Motion-Grimes/Second Getz: To set November 10, 1983 as a hearing date to con- sider the revocation of UP-83-643, a Use Permit to place a mobile home for a caretaker and to store equi pment and trucks on the eastern port; on of the US Steel property at 205 Oyster Point Boulevard. Unanimously approved by voice vote. Draft EIR on Proposed U-Haul Storage, Rental, and Service Facility at the Northeast Corner of Skyline Boulevard and King Drive in Daly City The Commi ss ion unani mous 1 y supported, by voi ce vote, the 1 etter proposed by Staff, dated October 13, 1983, to be sent to the City of Daly City opposing this proj ect. Kung Leun Cheung, Design Review Board Application, 17 Vista Court A letter of October 7, 1983 received from Nivin & Smith, Attorneys at_ Law, representing the above appl icant, appeal ing Desi gn Review Board and Department of Community Development findings was distributed to the Commission. Mot i on-Gri mes/Second Bertucell i : To set November 10, 1983 as a pub 1 i c heari ng date to hear the appeal of Kung Leun Cheung. Unanimously approved by voice vote. Staff advised the Commission that the signs at the ARCO Service Station on Westborough Boulevard are now in substantial compliance with the conditions of approval of the Use Permit. Director Dell 'Angela advised the Commission that discussion: regarding develop- ment of the US Steel property is in a prel iminary stage and that a Pl an woul d 1284 October 13, 1983 need to be formul ated and approved by the Commi ss i on before any development occurred. He also indicated that an EIR would be required for this project. ITEMS FROM THE COMMISSION Motion-Grimes/Second Getz: To cancel the meeting of October 27, 1983. Unanimously approved by voice vote. Commi ssi oner Terry referred to a 1 etter he had recei ved from the 7 -El even Stores. He expressed concern about the condi ti on of the 7 -El even Store on ~1i ssi on Road. He stated that he coul d not support a new 7-El even Store on Linden Avenue until the conditions at the Mission Road 7-Eleven were corrected. Commissioner Grimes expressed concern about room additions approved without benefit of a Use Permit. Director De'llAngela stated that existing zoning code allows room additions to be constructed without a Use Permit provided required setback and height restrictions are complied with. Vice-Chairman Getz requested that Staff explore amending the Ordinance so that additions in excess of 10% or 15% of the existing floor area or additions that add another storyl\ to single- family dwellinqs be subject to the qrantinq of a Use Permit. Adjournment: 12:20 A.M. Herman Hoyer, Chairman Planning Commission City of South San Francisco 1285