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HomeMy WebLinkAboutMinutes 09/10/1987 (Cassette No.1) September 10, 1987 Regular Meeting of the South San Francisco Planning Commission. MEMBERS PRESENT: Chair Boblitt, Vice-Chairman Terry, Commissioners Mantegani, Matteucci, Warren, Wendler and Zellmer. City Attorney Deputy City Attorney Police Department Building Division Jean T. Smith Maureen Morton Daniel Christians Valerie Armento Robert Ewing Ron Petrocchi Ray Laur ALSO PRESENT: Planning Division PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Commissioner Zellmer asked that Page 9 of the August 13, 1987 minutes, item ZA-87-39, be corrected to read that the public hearing date was set for the September 10, 1987 Planning Commission meeting. Motion-Wendler/Second Terry: To approve the Minutes for the August 13, 1987 Planning Commission meeting with correction noted. Unanimously approved by voice vote. City Attorney Armento introduced newly appointed Deputy City Attorney Robert Ewing to the Commission. CONSENT CALENDAR Athletes Center, UP-85-736, 216 Mosswood Drive One year review of the Use Permit granted to John H. Nadeau to operate Athletes Center, a non-profit medical center to treat sports injuries, at 216 Mosswood Drive, in accordance with Special Condition No. 5 of UP-85-736. Motion-Mantegani/Second Zellmer: To let stand the original approval of UP-85-736 based on the applicant's satisfactory compliance with the conditions of approval. Unanimously approved by voice vote. City of South San Francisco, ZA-87-40 Set public hearing date to consider a Zoning Amendment to include Administrative Processes and Guidelines for the Establishment of Recycling Facilities pursuant to the California Beverage Container Recycling and Litter Reduction Act. PC MTG. 9/10/87 Page 1 of 8 Pages AGENDA ITEMS (PUBLIC HEARINGS) Motion-Mantegani/Second Zellmer: To set September 24, 1987 as the public hearing date to consider ZA-87-40. Unanimously approved by voice vote. Auto Studio, UP-78-441 and DR-S-82-92, 45 Chestnut Avenue Continued from July 9, 1987 Planning Commission meeting. Review of Use Permit granted to Eddie Chan for the establishment of an automobile repair facility at an existing gasoline service station at 45 Chestnut Avenue. September 10, 1987 Staff Report presented. Applicant: Chris Santiago 14 Chateau Court Applicant's Representative: Mike Valencia 600 El Camino Real San Bruno Speaking Against the Project: Charles Getz 845 Ridge Court Mr. Valencia, attorney at law, informed the Commission he was representing the applicants in place of Mr. Louis Dell'Angela. He stated that the applicants have agreed to comply with the revised special conditions contained in the staff report. Mr. Getz felt the Commission should go forward with revoking the use permit stating that the area is not zoned for auto repair uses, and he has not seen the applicant pumping gas. The Commission discussed the merits of revocation verus revising the conditions and making them more restrictive. The Commission felt that more than enough time had been given to the applicants to comply with conditions, and their flagrant disregard has shown bad faith. The Commission agreed to the following revised Special Conditions: "3. No more than 12 vehicles shall be parked on this site, outside of the building, at anyone time. 4. No vehicle shall be stored on the site for longer than five days. 5. The approval shall be subject to review in six months. 6. The use shall be conducted as a gasoline sales use, as defined in South San Francisco Municipal Code section 20.06.110(d): PC MTG. 9/10/87 Page 2 of 8 Pages AGENDA ITEMS (PUBLIC HEARINGS) (continued) Gasoline Sales. The Gasoline Sales use type refers to establishments or places of business primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Up to fifteen percent of the total floor area of any service station building can be used for retail sales of items for the convenience of travelers." Mr. Santiago stated that before he could agree to the revised Special Conditions, he would have to discuss them with his partner. Motion-Zellmer/Second Warren: To amend Use Permit UP-78-441 to include the revised Special Conditions with modification to revised Special Conditions ~3 and 4, and the addition of Conditions ~5 and 6. Unanimously approved by voice vote. E.I. dupont deNemours & Company, UP-87-806, Negative Declaration No. 601, 160 South Linden Avenue Continued from August 13, 1987 Planning Commission meeting. Use Permit application of E.I. dupont deNemours & Company and environmental determination of same to allow re-opening of the resin manufacturing unit and tank farm for storage of raw material solvents and finished product resins in the M-1 Industrial Zone District at 160 South Linden Avenue in accordance with South San Francisco Municipal Code Section 20.30.040. staff informed the Commission that the applicant, E.I. dupont deNemours & Company, had withdrawn the application. No action taken. Syufy Theatres and pay'N pak Stores, UP-84-688/Mod 3, 410-470 Noor Avenue Continued from July 23, 1987 Planning commission meeting. Public hearing to consider modifications to the Special Conditions of Syufy Enterprises and Pay 'N pak Stores' Use Permit for property located on the north side of Noor Avenue, east of El Camino Real, or to take other appropriate action. Staff requested that the Planning Commission continue UP-84-688/Mod 3 to the october 8, 1987 Planning Commission meeting. Director Smith informed the Commission that the affected property owners had arrived at a solution but still need to discuss it with the City Manager and City Attorney. Motion-Mantegani/Second Zellmer: To continue UP-84-688/Mod 3 to the October 8, 1987 Planning commission meeting. Unanimously approved by voice vote. PC MTG. 9/10/87 Page 4 of 8 Pages AGENDA ITEMS (PUBLIC HEARINGS) (continued) Lillian E. Quinn, UP-87-808, Negative Declaration No. 600, 900 Linden Avenue continued from August 13, 1987 Planning Commission meeting. Use Permit application of Lillian E. Quinn (Victor Lonati, owner) and environmental determination of same for a gasoline service station with auto repairs in the C-1 Retail Commercial Zone District at 900 Linden Avenue in accordance with South San Francisco Municipal Code Section 20.22.040. September 10, 1987 Staff Report presented. Staff informed the Commission that a report received from the police department indicated an employee of the applicant had been sleeping on the property in a van and using the restroom facilities. Also, two gas tanks were removed recently from the property and only one gas tank currently exists. Based on this information, staff proposed to prepare findings for denial if the Commission requested. Applicant: Lillian E. Quinn 2709 Irving Street San Francisco Speaking in Opposition: Jack Stuart 910 Linden Avenue John Mascio 912 Linden Avenue George Bugnatto 216 Juniper Avenue Mrs. Quinn stated that the use will be a gas station with minor auto repair. (Cassette No.2) Mr. Stuart submitted pictures to the Commission of the service station that depicted abandoned vehicles on the property. His main objection was that the property would turn into an auto repair business. Mr. Mascio also objected to the use of an auto repair business and stated that vehicles were being towed to the site during the night. Mr. Bugnatto, representing the Old Town Homeowners' Association, read a statement that the association's concern was that a reputable business should go into the location and not one that would bring further blight to the area. The Commission discussed the removal of the two tan]cs, the business operating in violation of City ordinances, and the concerns of the neighborhood. With a consensus from the Commission Chair Boblitt suggested a recess for staff to prepare findings for denial. PC MTG. 9/10/87 Page 4 of 8 Pages AGENDA ITEMS (PUBLIC HEARINGS) (continued) When the Commission reconvened staff presented the following findings: 1. The proposed use will be adverse to the public health, safety, or general welfare of the community. Evidence submitted at the Public Hearing indicates that unauthorized activities conducted on this site by the applicants, including vehicle repair and storage, living in vehicles, open fires, and unauthorized towing activities, all conducted without proper City approvals, are adverse to the public health, safety and general welfare. 2. The proposed use does not comply with the provisions and standards of Title 20, South San Francisco Municipal Code. Since there is only one tank on the site, allowing for the sale of only one grade of gasoline, and there are spaces for three to five service bays in the building for auto repair, it is evident that gasoline sales will not be the major activity on this site, as required by the provisions of Title 20. The unauthorized activities which the applicant has conducted on this site, such as repairing vehicles outside of the building and storing vehicles, are not permitted at this location, according to the provisions of Title 20. 3. The proposed use is not consistent with the City's General Plan. Auto repair businesses, which is the actual use which is represented by the application and the activities on the site, is not a permitted use in the Retail Commercial designation. Motion-Warren/Second Terry: To deny UP-87-808 based on the three findings st~ted for denial. Unanimously approved by the following roll call vote: AYES: Chair Boblitt, Vice-Chairman Terry, Commissioners Mantegani, Matteucci, Warren and Wendler. ABSTAINED: Commissioner Zellmer. Stonegate Homes, Inc. & Viewmont Terrace, RPD-79-8/Mod 4, Northerly terminus of Eucalyptus, SE of Stonegate Drive Residential Planned Development Permit Modification application of Stonegate Homes, Inc. to allow modification to the site plan, floor plans, elevations, and landscape plan for a 17-unit detached single- family planned unit development at the northerly terminus of Eucalyptus, southeast of Stonegate Drive (Viewmont Terrace) in accordance with Chapter 20.84 of the South San Francisco Municipal Code. PC MTG. 9/10/87 Page 5 of 8 Pages AGENDA ITEMS (PUBLIC HE~RINGS) (continued) September 10, 1987 Staff Report presented. Applicant's Representatives: Kay Wilson P.o. Box 847 Mill Valley Chris Craiker 851 Irwin Street San Rafael Bob Luff 1400 Grant Avenue Novato Dominic pieri Carroll-Resource Eng. 310 N. Bayshore San Mateo Ms Wilson informed the Commission that Stonegate Homes purchased the Viewmont Terrace property in June, 1987. The only changes Stonegate Homes, Inc. is proposing are to the elevation and landscaping. She stated the applicant has agreed to all conditions being imposed. Mr. Craiker gave a brief overview of the project and Mr. Luff described the proposed changes in landscaping. The Commission discussed the project and the recorded Subdivision Map with staff. Mr. pieri explained that the recorded Subdivision Map called for a stop sign at the end of the driveway onto stonegate Drive. Commissioner Warren suggested that the increase in traffic be studied once the project is completed for any possible negative impacts. Motion-Warren/Second Mantegani: To approve RPD-79-8/Mod 4 subject to the conditions and based on the findings contained in the staff report. Unanimously approved by roll call vote. City of South San Francisco, ZA-87-39 Zoning Amendment application to amend Chapter 20.26 of the South San Francisco Municipal Code to require a Use Permit for religious assembly uses in the D-C, Downtown Commercial Zone District. September 10, 1987 staff report presented. Speaking in favor: Bill Borba III 206 Airport Boulevard Mr. Borba, representing the Downtown Merchants Association, stated the Association's support of the resolution and the need for quality retail uses in the Downtown area. PC MTG. 9/10/87 Page 6 of 8 Pages AGENDA ITEMS (PUBLIC HEARINGS) (continued) commissioner Zellmer suggested other uses, such as convalescent and day cares services also be required to obtain use permits in the D-C Downtown Commercial Zone District. Senior Planner Christians agreed to review the uses in the Downtown district. Motion-Zellmer/Second Mantegani: To adopt the Resolution recom- mending that the City Council approve ZA-87-39 and Negative Declaration No. 604 based on the findings contained in the staff report. Unanimously approved by roll call vote. ITEMS FROM STAFF a. Report from City Attorney on the Brown Act and Conflicts of interest. City Attorney Armento distributed pamphlets to the Commission and asked them to familiarize themselves with sections pertaining to boards and commissions: S54952.5, 54952.6 and 54956.9. She also informed the Commission that a conflict of interest occurs when the decision will affect the official economically. Ms Armento stated her office could be contacted for advice if a question arises. b. Transitional Zone Memo. The Commission reviewed the area in question and recommended no change in Land Use designation or Zoning. They felt that under the use permit process, uses which are both economically feasible and appropriate under current land use designations can be approved. Motion-Mantegani/Second Warren: To recommend to the City Council no change in Land Use designation or Zoning for the area bounded by East Grand/Gateway Extension/South Airport Boulevard and Highway 101. Unanimously approved by roll call vote. (Cassette No.3) c. Design Review Board Commissioner Terry requested this item be continued to the next Planning Commission meeting due to the lateness of the hour. d. Gellert/Westborough Overlay District The Commission agreed to continue this item to the October 8, 1987 Planning Commission meeting due to the lateness of the hour, and that a study session be held before the regular meeting. Chair Boblitt asked that the patio enclosure issue also be scheduled for the study session. PC MTG. 9/10/87 Page 7 of 8 Pages ITEMS FROM STAFF (continued) In response to the Commission's inquiries, City Attorney Armento stated that Deputy City Attorney Ewing would start attending the Planning Commission meetings soon. ADJOURNMENT Chair Boblitt adjourned the meeting at 11:15 p.m. to September 24, 1987, 7:30 p.m. BB:JTS:sp PC MTG. 9/10/87 Page 8 of 8 Pages