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HomeMy WebLinkAbout08.17.95 Minutes MINUTES SOUTH SAN FRANCISCO PLANNING COMMISSION August 17, 1995 CALL TO ORDER: 7:30 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman Lucchesi, Commissioners Masuda, Barnett, DeZordo, Padreddii and Romero. MEMBERS ABSENT: Vice-Chairman Warren ALSO PRESENT: Planning Division Steve Solomon Steve Carlson Larry Kasparowitz Larrisa Seto "T.C. "Cayssials Richard Harmon Ron Petrocchi Assistant City Attorney Building Division Engineering Division Police Department APPROVAL OF MINUTES of April 6, 1995. Motion-Lucchesi/Second-Romero: To approve the April 6, 1995 minutes as presented. They were unanimously approved by voice vote. ABSTAINED: Commissioner Padreddii. CHAIRMAN COMMENTS Chief Planner Solomon requested that Item #8 be heard first on the agenda. Sgt. Petrocchi reported on problems at Ling Nam Noodle House, 2211 Gellert Blvd., and asked that their Use Permit be brought back to the Planning Commission for review at their next meeting. Commission agreed to agendize this use permit to the September 21, 1995 Planning Commission meeting. It was unanimously approved by voice vote. PUBLIC HEARING - CONSENT CALENDAR 3906 Savannah Court, Rodolfo & Lourdes Julao, V -95-324; Cat. Ex.: Class 1, Section 15301 Variance to allow legalization of an existing patio cover within the rear setback in accordance with the provisions of SSFMC Chapter 20.82. Motion-Lucchesi/Second-Masuda: To continue V-95-324 as a PUD application to the September 21, 1995 Planning Commission meeting. It was unanimously approved by voice vote. PUBLIC HEARING - AGENDA ITEMS 740 Del Monte Ave., Alta Lorna Preschool, UP-95-996 Use Permit to allow a preschool accommodating up to 36 children at 740 Del Monte Avenue, situated in the Low Density Residential Zoning District (R-1-E) in accordance with SSFMC Section 20.16.030 (c). Chairman opened the public hearing. Senior Planner Carlson presented staff report. A Use Permit was issued in 1979 for a maximum of 24 children which use ended in 1990. Mr. Kaplan now operates a day-care use there, they are licensed for 36 children, but they operated with less children. He did not obtain a use permit when they began in 1993, and are present to obtain the use permit. Speaking as representative of the applicant: Mr . Walter Hichkock 1777 Borel PI., San Mateo, CA 94402 Referred to the August 1, 1995 letter from the adjoining resident and the court mediation of July 31, 1995. He said that a fence built was to keep the children from hitting the existing fence as requested by the court. The suggestion of moving the playground to upper parking lot would not be feasible and would create a hazard due to the amount of steps that are necessary to take to get there. Applicant: Mr. Michael Kaplan Alta Loma Preschool 740 Del Monte Ave., SSF He had two concerns: Planning Division Conditions # 4 and #5, related to moving the existing playground to the back parking area and providing eight on-site parking spaces. He noted that the area mentioned in Condition #4 is not part of their lease with the church, the State licensing, and there is an easement of the San Francisco Water Department. Regarding Condition No.5 he had contacted the school district about leasing parking spaces on EI Rancho School site and he needs to notify them if signs are required. He agrees to have another fence along the existing to alleviate the noise. Discussion ensued of how the Church services and the preschool operate at different times. The Commission discussed the pros and cons of using the upper and lower areas as a playground vs. Parking for the church. In response to the Commission's question of why the use permit was not obtained before the business was operating, Mr. Kaplan noted that he normally is advised by the licensing agency of wether or not a use permit is required. He apologized for not knowing, but with the state licensing board approving his location he thought this was all he needed. Page 2 of 11 Pages PC Meeting of 8/17/95 Speaking in favor of the application: John Cantley, Minister of Grace Covenant Church 740 Del Monte Ave., SSF Speaking in favor of the application: Marilyn Basques, Employee/resident 757 Del Monte Ave., SSF Speaking in favor of the application: Debbie Crisafi, parent 5 Los Flores, SSF Speaking in favor of the application: Raymond Chang, parent 178 Morningside Dr. Daly City, CA 94015 Speaking in favor of the application: Bill Gunn, parent 73 Duval Drive, SSF Speaking in favor of the application: Carolina Balladares, parent 425 Bacon Street, SF Confirmed Mr. Kaplan's comments and concerns. He read his letter to the Commission and noted that in the 35 years he has been there, there has never been any problems with the neighbors, the preschool or the church and described their services for the community. Commissioner Romero advised Mr. Cantley that the reasons this use is reviewed by the Commission is to make sure that a business in a residential area is considerate of the neighbors. She felt taking the children to the upper level would not be safe. Further, she believed that there are no parking problems. She spoke of the excellent child care available at Alta Loma Preschool. She said that children's noises are pleasant and that there are other schools i.e. junior high school and another preschool across the street they also contribute to any noise in the neighborhood. She not in favor of the children using the upper playground. He spoke of the excellent child care available at Alta Loma Preschool and liking the multi-cultural atmosphere. He said there is no parking problems, most parents are there briefly dropping off children, many times he is the only car there. He sees having a preschool in the neighborhood as a great service and saw no parking problems. He wants to keep the play area safe and agrees with the large fence. He spoke of the excellent child care and multi- cultural atmosphere available. She asked the Commission to consider what is the best service to the community not just one neighbor. Her main concern is safety for the children. Page 3 of 11 Pages PC Meeting of 8/17/95 Speaking in favor of the application: David Basques, employee and neighbor 757 Del Monte Ave., SSF Speaking against the application: Duncan McNeill, Sugimoto's Counsel 375 So. Mayfair #205 Daly City, CA 94121 He lives right across the street from the preschool, he feels the noise level discussed is exaggerated by the neighbor and these children are entitle to make a reasonable amount of noise. He said they are not asking that the application be denied, they ask for approval with the recommended conditions of approval, which are reasonable and will not cause a burden on the applicant. They have not receive a response to their letter of concerns from the Church or Preschool, they ended up in court and the matter was still not resolved. He continued to discussed his client's extreme concerns with noise levels coming from the preschool and the sited areas of possible improvements. Commissioner Padreddii stated that the applicant has complied with the court order. Mr. McNeill explained that these measures are as a temporary restraining order, and seeks the Commission's action with the conditions of approval. Speaking against the application: Robert Sugimoto 756 Del Monte Ave., SSF He stated his comments on the conditions: Planning Division Condition No.2 - would like a later time than 8:30 AM for early recess, suggests 11 :00 AM. Condition No.4 - he asked that the play yard be located at the southern end of the upper parking lot and not to extend to far to the north. He also asked for alterations of the walk- thru gate near the entrance of the property, and that the lower parking lot where the play yard is currently located be off limits to the preschool activities and only be used as an entrance to the preschool. He asked how long would applicant have to comply with conditions if approved. He further read into the record reasons for his concerns on the application. Chairman Lucchesi closed the public hearing. The Commissioners and staff discussed Mr. Sugimoto's concerns with him. Discussion ensued on the possible alternatives to move the playground, or build an acoustical six foot wall or fence to alleviate the noise. Assistant City Attorney Seto advised the Commission on their authority in placing conditions to the use permit in conjunction with the temporary court order. Commissioner Romero summarized that the design of the preschool needs to be reviewed and that he supports staff's conditions of approval. In response to Chairman Lucchesi question if tests for sounds could be done in the lower and upper Page 4 of 11 Pages PC Meeting of 8/17/95 grounds, the Chief Planner recommended an acoustical study. The Commission concurred in having the acoustical study done, with the applicant baring the cost. Commissioner DeZordo commented on Planning Condition No. 5 that it be removed. Staff noted that if condition 5 is removed a variance would then be required. Staff recommends the applicant obtain permission to use the school district's lot for parking area. Chairman Lucchesi noted in agreement with staff that this item be continued to next meeting to allow the applicant to work with school district on parking and with staff on noise mitigation through an acoustical study. The Commission and applicant concurred to continue. Motion-DeZordo/Second-Padreddii: To continue UP-95-996 to September 21, 1995, Planning Commission meeting. It was unanimously approved by voice vote. Chairman Lucchesi called for a ten minute recess at 9:35 P.M. He readjourned the meeting at 9:45 P.M. 128 Harbor Way, Bay Area/Diablo Petroleum Company UP-95-994 & PM-95-314; Negative Declaration No. 797 Use Permit to allow cardlock diesel truck fueling with scale, automobile fueling with carwash and convenience storelsandwich shop in accordance with the provisions of SSFMC Section 20.32.010(c); and Tentative Parcel Map to allow lot merger to accompany concurrent use permit application in accordance with the provisions of SSFMC Title 19. Chairman Lucchesi opened the public hearing. Interim Planner Kasparowitz presented the staff report. He noted that the project has gone through the Design Review Board, they extended the landscaping at the southern entry and at the rear of the property. 1~lnPlngffiRfifl~Ptliig' The project meets City parking standards. The circulation issue is the queuing for the vehicles and the traffic study has recommended queuing 6 to 10 vehicles at the carwash, the site plan should be revised. This project is consistent with City's General Plan and requirements of the Zoning Ordinance. Interim Planner Kasparowitz stated changes in the Police Department's Conditions of Approval to read: C.2.c.2 - "... This condition may be waived if the Planning Commission allows a 24 hour, 365 day operation. over Policc Dcpartmcnt objection. ..." He also noted that under the Planning Division's Conditions of Approval No. ' s 6, 7 and 8 would require modification to this use permit. Page 5 of 11 Pages PC Meeting of 8/17/95 Representing Applicant: Jim McGraff, Architect Robert H. Lee & Assoc. 1137 N. McDowell Blvd. Petaluma, CA 94954 (707) 765-1660 Mr. McGraff mentioned that staff's evaluation of the project is fair, but concerned with the following Conditions of Approval: · Planning Division's Condition No. A.11. "A six feet wide planting strip shall be provided around the perimeter of the project", this was not an issue discussed at DRB, and revisions have not been made to the site plan. He noted that the 6' of landscaping around site would impede the truck circulation. · Engineering Division's Condition No. B.2.d. "In order to physically prevent left-turns into the north driveway from Harbor Way, the developer shall install a decorative, raised solid concrete median island within the existing painted island in Harbor Way, opposite the north driveway...." He asked to move the existing driveway south to clear the existing median which would then allow trucks to turn left into the site from Harbor before the median and he would comply with the City's request to fill and raise concrete median island within the existing painted island in Harbor Way. · Engineering Division's Condition No.3. Oyster Point Interchange/Overpass Fee. He felt they needed to be better informed since this fee is a large amount of money, and wanted to know how these numbers were calculated. Chief Planner Solomon asked if they would like a continuance until they discuss these items with Engineering Division? Applicant said no. Applicant: Dennis O'Keefe, President Bay Area/Diablo 1001 Galaxy Wy. Ste. 308 Concord, CA 94520 He said he appreciated city staff's efforts on this project. He has one concern with Engineering's Condition No. B.2.d and noted that most of the vehicles using the site will be delivery vans, 20' vans not the big 40' trailer trucks. Commissioner Masuda asked how close the scale was to the driveway? He was concerned that if there were two trucks waiting to use the scale, one would be blocking the left turn lane. Commissioner Romero agreed it would be a hazard and noted how not only did Engineering make reference to this, but also the Police traffic section reaffirms it. He does not see how they could waive that. Sr. Engineering Technician Richard Harmon, of Engineering Division advised that the Traffic Engineer has recommended no left turn, however, if the driveway was relocated further south this would be something that could be considered. Page 6 of 11 Pages PC Meeting of 8/17/95 Chairman Lucchesi asked Mr. Harmon to explain the Oyster Pt. Overpass calculations. Mr. Harmon explained that the 1984 Council's Resolution specifies how to calculate the overpass fee. The reason the fee was high is because the resolution does not take into account trips generated within the industrial area. It is based on the numbers generated by each facility as determined by traffic studies; they were given credit for existing uses, but the Council's resolution does not take into account what is referred to as pass-py trips. Chairman Lucchesi asked the applicant if they would like to continue this and come back after he had reviewed it with staff. Chief Planner Solomon advised that technically this was a matter that the Commission could delete from the conditions since the fees are set up by resolution and if there are technical errors with the calculations it would be taken care of by Engineering staff. Commissioner Padreddii asked if the applicant would like to go back to staff and review the figures of the Oyster Point Overpass fee? Mr. Harmon noted Engineering would go over the calculations with the applicant and any errors would corrected. Speaking with concern: Mr. Mulhall noted he was on the agenda and wanted to Robert Mulhall address some issues of continuity with his project. He Coast Gasoline reviewed conditions on his project with those comparable to 905 Linden Avenue, SSF this project. There being no other speakers, Chairman Lucchesi, closed the public hearing. Commissioner Padreddii asked the architect if they would agree to move the driveway? Architect commented that they would consider moving the driveway southerly to clear the existing median and that it would not be a problem. Interim Planner Kasparowitz noted that staff would look at all the effects of moving the northerly driveway to the south, how it will effect the queuing of the trucks, and how it would meet the current Engineering Division's requirements. Chairman Lucchesi asked if Engineering feels comfortable with that option, to work with the applicant. Mr. Harmon noted they would work with the applicant to redesign the driveway entrance, but what effect it would have on the on-site traffic is not clear yet. Chairman Lucchesi asked about the landscaping or fence at the end of the property along the railroad tracks. The architect responded that there is an existing fence, they are not proposing a new fence at the railroad tracks. Discussion continued on the percentage of proposed landscaping and required percentage. Chief Planner Solomon noted the landscaping ordinance requirements. Commissioner Masuda asked if they have checked the soil for contamination? Mr. O'Keefe reported that they are working on a Phase 2 study now. Commissioner Romero feels this item should come back to the Commission after driveway is moved and they could see the site plans with new circulationspattems. Chairman Lucchesi noted that the reconfiguration of the driveway is a minor alteration and that the major project would not be Page 7 of 11 Pages PC Meeting of 8/17/95 changed, if staff is not satisfied with the design, it will need to come back. Commissioner Padreddi did not agree to continue this item. Motion - DeZordo/Second-Padreddii: To approve Negative Declaration No. 797. It was unanimously approved by voice vote. Motion - DeZordo/Second-Padreddii: To approve the Use Permit UP-95-994 and Parcel Map PM- 95-314 subject to the Findings and Revised Conditions of Approval, amending Engineering Division's conditions to read as follows: Condition B.2.d. "... Alternatively, should the applicant wish to move the driveway southerly to allow left turns into the sitefrom Harbor Way, approval must be securedfrom the Engineering Division and the Chief Planner as to its location and design. " The Commission verified that appropriate on-site circulation would be provided and that the applicant shall provide a new chain link fence. It was unanimously approved by voice vote. Coast Gasoline (Jose Montes, owner), 905 Linden Avenue UP-95-995; Cat. Ex.: Class 1, Section 15303 Use Permit to allow a convenience market and gasoline station in accordance to the provisions of SSFMC Section 20.22.040(c). Senior Planner Carlson presented staff report. He noted Homeowners and Renters Association were to meet on August 14, but was canceled, however the notice of the public hearing was sent to them. Applicant: Robert Mulhall Coast Gasoline 905 Linden Ave., SSF He summarized the history of the site and feels they have improved it. He mentioned he spoke with all departments to get feedback of what the City and community wanted to see on this site; and thanked the Planning staff for their assistance. He stated that in three years this site would be due for a State mandated tank removal and underground tank improvements, not including building structure improvements, this anticipated cost needs to be considered in asking a small business to make large improvements. The applicant noted his concerns on conditions of approval. That Engineering Division Condition No. B.I.B. requiring catch basins, be deferred until he does the underground tank removal in three years; also Condition No. B.I.D. not to include placing of wheelchair ramp at comer or Armour and Linden since the Department of Public Works would be doing this area under a City project. He asked that the driveways along Hillside Blvd. be allowed to stay the same and again asked that sidewalk improvements be done with the improvements necessary in three years. Commissioner Padreddi noted he has gone by the site and is pleased with the new business Page 8 of 11 Pages PC Meeting of 8/17/95 improvements. Speaking in favor of the application: Mr. Jim Peters 227 Hillside Blvd., SSF Senior Planner Carlson read Mr. Peters' statement noting that a mini-mart on this site it would be an improvement from a vehicle repair shop for the neighborhood, commented on the improvements to the site. Speaking against the application: Ramona Malepeai and Laura Gomez 202 Juniper Avenue, SSF They stated there is too much construction in this area already. Mr. Mulhall presented a petition of 500 signatures supporting a the mini-mart in this area. The petition was then given to staff. Chairman Lucchesi closed the public hearing. Senior Engineering Technician Harmon said that the applicant met with the Director of Public Works who agreed to add the ramp at Armour and Linden to City's overlay project. Regarding the 3-compartment oil separator, the Director agreed to delay the condition only with a letter from the County of San Mateo noting they required the underground improvements in three years with no extension. Since the applicant had not presented the letter, Engineering Division could not waive this condition at this time. He explained the improvements to the catch basins and drainage for the property, and notes that the condition is not an unreasonable burden on the applicant. He noted that the driveway approach is not correct in the drawings and the applicant agreed to align it with the planter strip. Discussion continued from Sgt. Petrocchi and Commissioner DeZordo clarifying Police Chief's concerns and with the conditions as proposed Police Department can support the project. Commissioner Padreddi asked the applicant if he agreed with the condition from Engineering Division that extensions on the conditions for three years but no further extensions from the County. The applicant agreed. Property Owner Jose Montes, He noted that as property owner he complies with all City, County, State and Federal regulations. He has a letter stating that the date of October 1999 to do underground improvements and will provide this documents. Chief Planner stated that the condition should stipulate this document be received within thirty days. Owner agrees with the sidewalks being redone. Motion-Barnett/Second-Padreddii: To approve the Use Permit UP-95-995 subject to the Findings and Revised Conditions of Approval. It was unanimously approved by voice vote. Changes to read as follows: Page 9 of 11 Pages PC Meeting of 8/17/95 Engineering Division's Condition No. B.I.D. ".. .at the comer of Hillside Boulevard and Linden Avenue. and at Linden Aven.ue and Armour, alon.g the frontage of the site." And Condition No. B.I1.B. add: "The oil separator may be installed no later than 1999 contingent on the submission of a document of the San Mateo County Environmental Health Department requiring that the underground tanks be removed by 1999 and stating that no fun her extensions will be permitted. The latter document shall be submitted to the City Engineer by September 17, 1995. " ADMINISTRATIVE BUSINESS Study Session of a Shell Superstation situated at Hickey Boulevard and EI Camino Real in the Retail Commercial Zone District (C-l) Senior Planner Carlson summaries staff report noting the three concerns of the applicant. Applicant/Owner: Ted Simas Extra Oil Company He stated his proposed project and asked the Commission for their input, the architect and landscape architect are also present to answer any questions. Chairman Lucchesi asked the architect to review the site plan as to building location; and pedestrian and vehicle circulation. The architect reviewed the proposed site plan and on-site circulation pattern. Discussion continued on the landscaping on corner of EI Camino and Hickey. Architect noted they will be relandscaping, keeping existing large trees and adding shrubs and berms. The Commission asked on the percentage of landscaping, the possible problems of queuing at car wash and fast food due to the busy site, and the trash bin location. Mr. Simas noted that the site would have 15% of landscaping, and the queuing at drive-up window has room for 10 cars, they have worked with the Engineering Division to work within the area off of the easement. He noted the trash bin area could be flip/flop with landscaping. The Commission discussed their concerns of the circulation pattern with the fueling pumps, the fast- food drive-thru and the car wash. Mr. Simas noted the 29 foot space from the pump and building to allow more than a two way movement. The landscaping in front of building can be moved, location front door is not set yet. Senior Planner Carlson stated that due the site size, a traffic study will be done. Chief Planner Solomon noted the importance of the location of this site together with the configuration make it a difficult combination to work with, and the level of design should be upgraded given the location. Senior Engineering Technician Harmon stated they have seen several site plans and this is the best plan so far, but a traffic engineering still needs to review it. Page 10 of 11 Pages PC Meeting of 8/17/95 Discussion ensued on the materials and colors of the buildings. The architect noted they attempt to keep this more of a residential than a commercial type look and the types of restaurant would be in keeping with what it across the street. Mr. Simas noted the variety with deserts and fast foods. Chairman Lucchessi noted that the back of the building needs to be soften since it is a blank wall. The Commission thanked the applicant for his efforts. Zoning Ordinance Amendment ZA-95-91 Amendment to South San Francisco Municipal Code Chapter 20.84, "Planned Unit Permit Procedures", related to establishing of approval and to enable the Planning Commission to establish design guidelines. Review and report to Council on proposed changes. Chief Planner Solomon stated the changes and main concerns. He noted one significant change which is a policy decision in the PUD ordinance in the basic "increasing or decreasing landscaping requirements"; in the proposed findings it said that the landscaping shall not be reduced which creates a conflict. He recommends that one or the other is done; staff is recommending that no reduction of landscaping, but needs the Commissions' decision. Commissioner Romero change in working: Section 2 "design or neighborhood". Commission concurred to forward to Council. Items from Staff Chief Planner Solomon advised of a meeting with Heather Heights regarding design of the walls. He also has talked to Kaiser on changes to the fifth floor window. On the 30 unit motel on Airport Blvd. the Council continued item to a subcommittee to redesign project. Items from Commission Chairman Lucchessi discussed a letter from San Mateo County AlA they are available to provide services. Adjournment Motion-Lucchesi/Second-Romero: To adjourn the meeting to September 6, 1995. It was una imously approved by voice vote. Chairman Lucchesi adjourned the meeting at 11:50 P.M. ') Steve Solomon, Sec Planning Commission City of South San Francisco JL:SS:rp Page 11 of 11 Pages PC Meeting of 8/17/95