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HomeMy WebLinkAbout11.04.93 Minutes MINUTES SOUTH SAN FRANCISCO PLANNING COMMISSION Regular Meeting of Novel11ber 4, 1993 CALL TO ORDER: 7:30 P.M. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman Warren, Vice-Chairman Mantegani, Commissioners DeZordo, Lucchesi, Padreddii and Zellmer. ALSO PRESENT: Planning Division Steve Solomon Steve Carlson Franklin A. Dancy Steve Padovan Dick Chiozza Ron Petrocchi Jeff Baca Dennis Chuck Fred Lagomarsino Assistant City Attorney Police Department Building Department Engineering Department Fire Department CHAIRMAN COMMENTS ORAL COMMUNICATIONS AGENDA ITEMS - PUBLIC HEARINGS 16 Seville Way. Matthew L. Pon (Mr. & Mrs.). PUD-93-25 Planned Unit Development Permit and Design Review for a 380 sq. ft. single-stolY second unit addition and one additional parking space for an existing two-story detached single-family home in the Westborough area in accordance with provisions of SSFMC Chapters 20.84 and 20.79. Continued from the Planning Commission meeting of October 21, 1993. Motion-DeZordo/Seconded-Lucchesi: To continue PUD-93-25 to the November 18, 1993 Planning Commission meeting. It was unanimously approved by voice vote. 415-417 Grand Avenue. Church of Christ (M. & D. Cvitanovic. owners). UP-93-934 Use Permit to allow church services in an existing assembly hall in the D-C Zone District in accordance with provisions of SSFMC Section 20.26.030(b). Continued from Planning Commission meeting of October 21, 1993. Page 1 of 8 Pages PC Meeting of 11/4/93 Commissioner Lucchesi stepped down from the dais due to a conflict of interest on this application. Planner Padovan presented the staff report. Representing the Applicant: J oven Rosquites 1655 Southgate Daly City Mr. Rosquites stated he represented the Church of Christ. He gave a brief background of the church which is currently situated in the American Croation Hall and has been there for over one year. He further stated that they are in the process of finding another permanent location. Mr. Rosquites asked that church members be allowed to park on city-owned parking lots. Representing the Applicant: Arthur V. Gamo 1655 Southgate Daly City Mr. Gamo stated that most of the objections to this permit were from business owners. He went on to say that their religious assembly use of the premises conforms to and is consistent with the established Zoning Ordinance. He questioned whether the denial of the application for them to remain on the site was infringing on the church's First Amendment rights. Speaking in favor of the project: Daniel T. Rickets 4009 Nantucket Foster City Julio Dresland 1559 Southgate Avenue Daly City Speaking against the project: Todd Galli 500 Woodside Court SSF Sam Totah Pasquali Deli 431 Grand Avenue SSF Mrs. Doreen Cvitanovic, owner of the Croation Building, explained that Sunday is not the only day that there are parking problems on Grand Avenue. She said the church was a very good tenant. Chairman Warren asked Assistant City Attorney Chiozza about Mr. Gamo's reference to constitutional right to hold services. Mr. Chiozza stated that the deliberations and findings should be neutral in terms of not favoring or dissuading First Amendment activity but in terms of a land Page 2 of 8 Pages PC Meeting of 11/4/93 use discussion. The Commission should consider objectively those land use policies and considerations that you could ultimately apply to the uses in this district. He further stated that the fact that it is a religious establishment should not be taken into consideration. Commissioner Mantegani questioned a memo from Sgt. Petrocchi to Chief Planner Solomon regarding the various complaints not only from citizens but from police officers about the parking and circulation problems, illegal mid-block U-turns, double parking and jaywalking. Sgt. Petrocchi advised that the Police Department has limited resources regarding traffic units, it cannot support a use that will cause a burden on police services. He stated that if the church services were moved to the afternoon, per Commissioner Mantegani's suggestion, it would have to be monitored at the expense of the applicant. Commissioner asked the applicant if he had seen a copy of the aforementioned memo and if they wanted to comment on it. Chairman Warren called for a ten-minute recess to give the applicant time to read the memo. Chairman Warren readjourned the meeting and asked the applicant for a comment. Mr. Arthur V. Gamo said he read the memo from Sgt. Petrocchi and he resented the fact it insinuated that it all traffic violators were from the congregation. Mr. Gamo further stated that there is another church in the vicinity that holds services on Sunday morning (All Soul's Church). Mr. Gamo said the Church of Christ has three services on Sunday; 6:00 A.M. - 100 members; 7:00 A.M. -100 members; 10:00 A.M. - 230 members. Commissioner Zellmer stated that the issue seemed to be if there are any impacts in terms of land uses caused by this use; and that is parking. Assistant Planner Padovan explained that staff reviews parking in the downtown area through the Parking Place Commission. Conditions placed on an application, such as requiring the use of peripheral public lots and the use of shuttle buses are difficult to enforce. He further stated that during the meeting, the Parking Place Commission suggested that the business owners and the church get together to try to work out a solution for the traffic and parking problems, including the possibility of changing the hours of the church services. Chief Planner Solomon stated that the use of a traffic officer on site, paid by the applicant, would probably address many of the concerns of the Commission. Sgt. Petrocchi advised that a traffic officer cannot be expected to monitor a Planning Commission mitigation measure which has nothing to do with police or traffic enforcement. Commissioner Padreddii stated he supports churches 100% but that the City is faced with a serious parking problem and this site is not suitable for this use. He believed business people Page 3 of 8 Pages PC Meeting of 11/4/93 have a priority; that is their livelihood. Commissioner Padreddii stated he did not support this application. Chairman Warren stated she has a real problem with the life-safety issues. She was aware there is another church in the near vicinity but the impacts are cumulative and the staff looks at the most recent application as adding cumulative impacts to those that already exist. She strongly recommended that the applicant be willing to compromise on this and find ways to satisfy both the Police Department and Planning staff. Chief Building Inspector Baca stated that the maximum occupancy load for the entire third floor is 275 and that an occupancy sign should be posted. Mrs. Cvitanovic stated that the third floor holds 348 people. She said she never changed it when the new dining room was built. Commissioner DeZordo had questioned that the police report does not really document any of the violations related to the Church of Christ but after listening to other testimony and reading the testimony in his packet he agreed that it was indeed the Church of Christ causing the traffic impact. Mrs. Cvitanovic stated that she preferred the church not change their hours since she needed the afternoons for parties, traffic school and other social events. Sgt. Petrocchi stated that from the complaints he received from two or three officers, the time where the trouble was occurring is between 8:00 A.M. and 11:00 A.M. and on Wednesday nights. Chairman Warren called for a five-minute recess. She readjourned the meeting. Chief Planner Solomon recommended that the Commission continue the application and try to work out a solution, stating that staff believes that the only mitigation that adequately addresses the impacts is to change the church services to the afternoon. Chief Planner Solomon suggested that Planning Condition #6 be changed from "utilize" to "shall only park in". Mrs. Cvitanovic said she was against the condition requiring afternoon services because that would take away her business in the afternoons. Chief Planner Solomon suggested to the Commission to vote on the application with the modified conditions and if the applicant did not concur, staff would return this application to the Commission with a motion for denial at the next meeting. Commissioner Zellmer moved to continue UP-93-938 and directed staff to prepare conditions of approval and findings for denial so that Commission could act at that time. A continuance to the November 18th Planning Commission meeting was requested by the applicant but it was the Commission's consensus that since they were not going to change the Page 4 of 8 Pages PC Meeting of 11/4/93 conditions they saw no reason for a continuance. Motion-DeZordo/Seconded-Mantegani: To approve UP-93-934 based on the findings and the modified conditions of approval. Change the following Planning Conditions (changes in italic) to read: #5 "Sunday morning church operations shall be limited to one service with a maximum of 100 people and ending by 8:00 A.M Other Sunday church services may be allowed only after 12:00 P.M. to minimize traffic and parking impacts. A copy of the revised hours of operation shall be submitted for approval by the Chief Planner." #6: "The use shall not significantly adversely impact on-street parking. The church members, staff and guests shall only park in the public parking lots on the periphery of the 300 and 400 blocks of Grand Avenue except in the case of the elderly or handicap. A continuously operated shuttle service between the parking lots and the church site shall be provided (a minimum of a nine passenger van) for the period of one hour before to one hour after a scheduled service or gathering involving 50 or more people." #7: "This use permit shall be reviewed by the Planning Commission at a public hearing at three m.onths and six months from the date of Planning Commission approval." #8: A police officer shall be present on Sundays and Wednesdays to enforce vehicle and pedestrian safety and parking codes. The officer's duty time shall be paid for in advance by the applicant per agreement between the Police Department and the applicant." It was approved by the following roll call vote: AYES: Chairman Warren, Vice-Chairman Mantegani, Commissioners DeZordo, Lucchesi and Zellmer. NOES: Commissioner Padreddii. (Commissioner Lucchesi returned to the dais.) GP-93-50 East of 101 Response to City Council comments on the Draft Area Plan for the East of 101 and directions to staff. Senior Planner Carlson reviewed the City Council's study session comments held on November 3, 1993, reviewed the Commission's key changes and responded to the Commission's questions. The Council's consensus was to recirculate the Draft EIR, review the level of service (LOS) for traffic intersections and review the auto storage. The City Council supported fast food and drive- thru restaurants contingent on development of locational standards, encouraged existing recycling and transfer facilities to locate in appropriate locations, supported the economic development guidelines, supported the revisions to circulation policy (CIR-5) and suggested that the extra territorial agreement between South San Francisco and Brisbane be reviewed. They also supported the land use changes for Sierra Point to make it multi use and to make the wind chimes and the SF Bay open space. Motion-Zellmer/Seconded-DeZordo: To recirculate the Draft EIR. Mr. Naphtali Knox, 1010 Doyle Street, Menlo Park, representing the Haskins property stated that he was present at the City Council study session held on November 3, 1993. He offered Page 5 of 8 Pages PC Meeting of 11/4/93 comments in support of the proposed light industrial designation for the Haskins property and commented on the staff's interpretation of the Council's comments. It was the Commission's consensus to direct staff to set up an informal joint study session with the City Council. ADMINISTRATIVE BUSINESS Study session discussion of two-unit condominiums and ordinance text amendment. Franklin Dancy presented the staff report explaining that the reason for the study session was to solicit input and direction from the Planning Commission as to how to respond to the inquiry the City Council received about considering allowing the sale of individual duplex units. The Council was approached by some owners of duplexes who were having trouble selling them as a total development and asked if it was possible to sell the units individually. Planning staff was directed to look into this matter and get the information to the Planning Commission for its consideration. Mr. Solomon asked the Commission to consider what information they would need to make an assessment of this if Planning staff were to return an ordinance to them. Speaking for the project: Aurio Gonzalez 139 Grandview SSF Mr. Gonzales presented the Commission with pictures of some homes built on R-2 lots. He estimated that there were 1000 to 1500 R-2 lots. He urged the Commission to look favorably at this proposition and, if necessary, modify the existing ordinance. Mr. Fernando (a broker working with Mr. Gonzales) shared experiences as a broker in South San Francisco. He stated that if we gave this ordinance change a chance it will stop the stagnation we are experiencing in South San Francisco and it will bring activity and improvement. Commissioner Zellmer questioned whether 1500 is an accurate number of existing properties that would be affected by this type of change. He stated that if 1500 lots would be affected he would not support it. The change we would be making would change the entire dynamics of the community. Chairman Warren asked for clarification as to what constitutes a duplex. She was advised that a duplex is a lot with two houses on it or a single structure with two residences in it. Chairman Warren agreed with Commissioner Lucchesi's statement about two different degrees of concern - two dwellings inside one building and two dwellings on one lot, and said it is more complicated in terms of maintenance and common roof elements. Commissioner DeZordo Page 6 of 8 Pages PC Meeting of 11/4/93 disagreed and said if we are talking about condos then both units would have to be maintained by a certain set of standards which would be the CC&Rs and both units would be responsible for maintaining the other unit. Chairman Warren asked if a two unit condo is subject to the Davis Sterling act? She said that there are certain provisions in state law that require all sorts of two unit condominiums to keep strict record keeping requirements. She asked staff to look into it. Commissioner Zellmer said in very controlled areas like downtown he would be receptive to the idea but Commissioner DeZordo supported this only if it was not city-wide. It was the Commission's consensus that owner occupied is better than rental. Commissioners Padreddii stated that on 2500 sq. ft. lots zoned R-2, the current parking standards cannot be met. Chairman Warren indicated that whether there is a large lot with two units on it or a smaller lot with two units, the parking requirements are the same and she did not support changing those requiremen ts. Chairman Warren questioned the issue of developers costs involved in separating utilities services. Mr. Dancy responded that in a current duplex situation there would only be one set of utilities that would service the entire project site. Chief Building Official Jeff Baca clarified the separate meter issue. He said he would hesitate on a condo application to have two separate meters because it may require a building code amendment. Chairman Warren asked if something is converted to a condo would the whole building remain on one meter. Mr. Baca said he would have to look at the Municipal Code. Chairman Warren said that there are three separate identifiable issues: 1) Duplexes that are within the same structure or attached as such that they have a common wall; 2) Two separate structures on small lots, and; 3) two separate structures on large lots. The Commission's consensus was for staff to look into: a) How many of the smaller type lots are there and what is the lot size? b) Where there are two separate structures, how many lots are there and where are they predominantly located? c) How many lots do we have that are large that contain two separate structures and where are they located? Page 7 of 8 Pages PC Meeting of 11/4/93 d) How many common building duplexes do we have in this city? Storage of automobiles at 325 So. Maple Avenue Steve Padovan presented the staff report noting that in 1987 the Commission approved a Use Permit Modification for this property. A condition to this Modification was that there would be no automobile/automobile parts stored in this area without Commission review and approval. Staff has received a letter from Mr. Legallet, manager of the building at 325 So. Maple requesting allowance of a portion of the lot for storing vehicles from South City Ford. It was the Commission's consensus to have this case brought as a Modification for the purpose of establishing specific conditions. ITEMS FROM STAFF Steve Padovan presented the Commission with a six-month review of the produce market on Linden Avenue as required by UP-91-890. As of October 27, no calls from police services have been recorded, however Code Enforcement and Planning received one complaint from a surrounding residence regarding temporalY sign age and excessive litter and debris. This problem was quickly remedied and no other problems have occurred at that location. The business seems to be operating successfully and staff recommended that no further review be required. The Commission concurred with staff. Steve Solomon stated that staff had received a letter from Mr. Lou Dell'Angela regarding Tony's Hofbrau on Spruce Avenue. The content of the letter dealt with a general issue of non conforming structures. He further stated that Council has asked City staff, especially Planning, to take a more flexible attitude when it comes to commercial development. Mr. Solomon suggested to the Council that a joint study session between Commission and Council be set up in the near future to look at a general approach to land use policies that apply to commercial properties. Motion-Zellmer/Seconded-DeZordo: To adjourn the meeting to November 18, 1994. It was unanimously approved by voice vote. an Warren adjourned the meeting at 11:00 P.M. Steve Solomon, ecretary Planning Commission City of South San Francisco Marga t warren, Chairman Planning Commission City of South San Francisco WM:SS:ab Page 8 of 8 Pages PC Meeting of 11/4/93