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HomeMy WebLinkAbout09.18.97 Minutes MINUTES PLANNING COMMISSION MEETING MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE September 18, 1997 CALL TO ORDER The meeting was called to order at 7:30 p.m. PLEDGE OF ALLEGIANCE MEMBERS PRESENT: Chairman ROlnero, Vice-Chairman Barnett, Comlnissioner Honan, Commissioner Sim, MEMBERS ABSENT: Comlnissioner Masuda, Comlnissioner Teglia, Commissioner Baldocchi Engineering Division Water Quality Control Plant Marty Van Duyn Jim Harnish Allison Knapp-Wollam Mike Lappen Wayne Snodgrass Sgt. Ron Petrocchi Sgt. Mike Massoni Richard Hannon Ray Honan ALSO PRESENT: Planning Division City Attorney Police Dept. APPROVAL OF MINUTES: February 20, 1997 and August 21, 1997. Due to lack ofa quorum, the Minutes of February 20,1997 were continued to the meeting of October 2, 1997. Commissioner ROlnero requested corrections to the August 21, 1997 minutes on: Page 3, paragraph four, line four, and line 10; Page 4, paragraph one, line three; Page 5, paragraph one, line eight and paragraph two, line seven. Comlnissioner Sitn requested a review of Page 6 last line, he thinks it should read Sim and Masuda opposed. Motion/Sim - Second/Barnett to approve the August 21, 1997 Minutes with requested changes. Unanimously approved by voice vote. ORAL COMMUNICATIONS None PC Mtg. 9/18/97 1 of 9 CONSENT CALENDAR 1. Genentech Research & Development Overlay District, Annual Report, as provided by S SFMC Section 20.39.080; proposed amendlnent to zoning ordinance of the "Research & Development Overlay District Regulations" (Chapter 20.39) and the "Genentech Research & Development Overlay District" regulations (Chapter 20.40); Previously Approved Negative Declaration No. 805 for DR- 95-999. (Stalfreconl1llends continuance to October 2, 1997) 2. 1350 San Mateo Avenue Applicant: George A vanessian; Owner: Robert Chang UP-97-058, Categorical Exelnption Class 1, Section 15301 (2) (a) Use Permit to allow construction ofa 9,053 square foot addition to an existing office and warehouse building, totaling 15,742 square feet, and conversion of the building from single to multi-tenant occupancy at 1350 San Mateo Avenue in the M-1 Industrial Zone District in accordance with SSFMC 20.30.040 (h). (Stalfreco111111ends continuance to October 2, 1997) 3. 490 Noor Avenue Owner/Applicant: Syufy Enterprises UP-97-059, Certified Negative Declaration 792 Use Permit to allow construction of a 12,950 sq. ft. retail/commercial building with a drive-thru window, in accordance with SSFMC 20.24.070 (a). (St(~[freco111111ends continuance to October 2, 1997) Motion Sim - Second Barnett to approve the consent calendar. Unanimously approved by voice vote. PUBLIC HEARING - AGENDA ITEM 4. Cultural Arts Ordinance Applicant: City of South San Francisco ZA-97-014, Categorical Exelnption Class I, Section 15301 (h) Amendments to the South San Francisco Municipal Code Title 20 Zoning Regulations adding Chapter 20.101 Cultural Arts Regulations and revising Chapter 20.73 Landscaping, Buffering, and Screening Regulations allowing the Planning cOl1unission to reduce on-site landscape area and require in-lieu fee contributions to the City's cultural arts fund. Consulting Planner, K.napp- W ollmn presented the staff report. She stated that the Ordinance applies only to developed non-confonning parcel; will not allow reduction of landscaping below that which currently exists on the site; and is intended to address the applicant who comes in and wants to change or intensify land use, but does not Ineet the code. In these situations the Planning Commission could allow an in-lieu fee to be paid. Under the Ordinance the Planning COlnlnission would review the application for credit and, if granted, the in-lieu fee would go to a fund administered by the Cultural Arts COlnlnission. PC Mtg. 9/18/97 2 of 9 Mr. Dennis Crossland, representing the Cultural Arts Commission, spoke of the Commission's desire to improve areas such, as was done on Hickey Boulevard, through collaborative efforts. Ms. Karyl Matsulnoto, representative for the Cultural Arts Commission complimented the Planning Commission for their efforts. She indicated that their goal is to provide the City with art through murals and other art work that will enhance the appearance of the City for all residents. She spoke of the extent by which the community is growing and the importance of making children aware of, and teaching them to appreciate art, and added that the Cultural Arts Commission is hoping to work in concert with other entities to provide this for the cOlnmunity. The Public Hearing was closed. Commissioner Honan requested an explanation on how the in lieu fee would be collected. Chief Planner Harnish explained that they would pay it like any other fee at the Building permit stage, and cited an example of the Oyster Point Interchange Fee. Commissioner Barnett asked if the fee would be used in the proxilnity of the property for which it is collected, or throughout the City. Mr. Crossland responded that his understanding is that it would be used to enhance areas where the majority of the public could enjoy, such as entrances to the City. He added that most of the fee would probably go into sculptures and landscaping. Commissioner Barnett asked if the original option for the developer to put sOlnething on the property instead of paying the in lieu fee had been eliminated at the recommendation of the Cultural Atis Comlnission. Mr. Crossland stated that it had been, and explained that they are learning as they go along, but the in lieu fee would not be optional. He added that anyone who wanted to contribute to art would be encouraged and considered. He cited examples such as Genentech with the Wind Harp, and the Hickey project where Shell Oil contributed. Mr. Harnish explained that the original proposal was expanded following research of landscaping already taking place and then revised to address the issues raised by C0111mission. In situations where the landscaping was in excess of 10%, a reduction was somewhat artificial only developed propeliies that can't meet minimum requirements would pay in lieu fees to provide enhancelnent to the environment, expanded by art work, not necessarily on the site being developed. Commissioner Sim welcOlned Ms. Matsumoto and Mr. Crossland and added that this was a great proposal which generates revenue. He asked whether the Planning COlnmission would have the opportunity to oversee the art. Mr. Harnish stated that the Cultural Arts C01111nission reports to the City Council, and would not go before the Planning Commission, but would need to cOlnply with City Ordinances. Commissioner Honan asked if this would apply to new develop111ent only. Mr. Harnish stated that it would be up to the Planning Commission to determine when in lieu fees are paid, and once they are paid, the Cultural Arts Commission will determine how they are spent. Chairman Romero raised questions about the Hickey Boulevard - Shell Oil landscaping project referred to by Mr. Crossland. He questioned the use of City staff for installing landscape and accepting responsibility for ongoing maintenance of an area where a development was reviewed by the Planning Commission and Council, and which Shell as the developer was responsible for providing. He raised questions on who designed the project, whether it was approved by Caltrans or cleared by the Planning Division, and raised concerns of reports he has received that the sign is too small and facing the wrong direction. He suggested that it might be wise for the Cultural Arts Con11nission to avail themselves to the design deview process to PC Mtg. 9/18/97 3 of 9 avoid these type of concerns. Assistant City Attorney Snodgrass cautioned that the item was not on the agenda and no action could be taken. Mr. Crossland stated that they had asked Shell as a good neighbor policy to provide funds for the project, they provided Shell with plans for the theme, which Shell accepted. Together with Shell they developed a sculpture with rocks which were contributed by the quarry, and placed landscaping of color spots and lawn area. He added that it is not Shell who bears responsibility for the manner in which this was handled, but the Cultural Arts COln111ission. He stated that hopefully they have learned something from this, al1d future areas should be evaluated closer, and agreed with the suggestion that the Design Review Board could be involved. Chairman Romero stated that early in the process, both Commissions should have met and discussed some of these problems, however this is not going to happen at this stage of the process and now his hope is that Council will question if the two have met. Chairman Romero added that projects adjacent to developments approved by the Planning Commission should be discussed with the Planning COlnmission. Ms. Matsomoto volunteered to provide copies of the minutes frOln their meetings to the Planning Commission to keep them advised of what is happening. In response to a question by Chainnan Romero whether the Ordinance complies with General Plan; Assistant City Attorney Snodgrass responded that this only applies to non-conforming uses. Chief Planner Harnish added that this provides for a way to comply with General Plan - not by percentage but by providing for he 10% minimum which is the same objectives of the General Plan. This is an alternative way of doing this. Ms. Matsumoto explained that Cultural Atis Comlnission is Inore into art work, not landscaping. Monies they obtained would go toward purchasing sculptures, and murals etc. Sims Motion! Barnett second to approve. Motion was unanimously approved by voice vote. Recess called at 8:30 p.ln. Meeting recalled to order 8: 40 5. 203 Linden Avenue Applicant: At1sehno Revelo; Owner: Robeli Giorgi UP-97-054, Categorical Exemption Class 1, Section 15301 Use Permit to allow a commercial recreation use (karaoke, live bands and dancing) with hours of operation froln 10:00 a.1n. until 2:00 a.ln., seven days a week, within an existing bar and full service restaurant at 203 Linden Avenue, in the Downtown COlnmercial (D-C) Zone District, in accordance with SSFMC 20.26.060 (a). Consulting Planner Lappen presented the staff report. He stated that staffis recolnlnending approval of the application, provided that the proposed conditions as outlined in the staff report are Inet. He added that the applicant has shown interest in obtaining block grant assistance for the sign permit. Staff has requested that the applicant work with staff to design a sign which is compatible with existing signs in the downtown area. He further added that staff is recommending denial of the request for live band, and requesting a limited number of coin operated devices. PC Mtg. 9/18/97 4 of 9 The applicant, Mr. Anselmo Revelo stated that he will re-sublnit plans for the sign, and work with staff to comply with their recolnn1endations. He added that he is in agreelnent with all conditions except the condition requiring a unifonned security guard, and the request for denial of a live band. He stated that he is currently operating a full bar and restaurant and dancing is only an incidental part of the operation. He expressed a concern that considering the cOlnposition of his clientele which is comprised of approximately 80% filipino; they may look at the security guard in a negative way, which could prove detrimental to his business. He stated that he had operated the same business at Armour and Airport for fifteen years with no security guard, and felt that the relationship between Bahay Kubo and the Police Department during those years had been good. With reference to the band, he stated that he is requesting a three piece band comprised of a keyboard, guitar and a vocalist who will entertain the patrons while they are eating. He expressed a concern that eliIninating the band would leave hiln without a theIne for his business. Karin Gruber spoke in support of the applicant and presented the Commission with background on the karaoke shows at the previous location, and photos depicting prior activities at Bahay Kubo, which she described as having a great atmosphere, and without incidents. She expressed a concern for the requirement to provide a security guard, due to what she described as inadquate training provided to many of the security guards. The Public Hearing was closed. Chairman Romero requested history from the Police Department. Seargent Ron Petrocchi indicated that he did not have statistical data for problems at the previous location, however this was a different location with different circumstances. He stated that if the Commission wanted further statistical data, they could proivde it. He stated that ulike the previous location which was free standing, this location is adjacent to other establishments, and that this application falls under a different set of circumstances. He stated that the previous Use Pennit was obtained before the existing dance ordinance, which requires a security guard for any dance establishment. He stated that other similar penmts have been even more stringent in that they have required two security guards. He further indicated that while he is not aware of any previous problems, the previous establishment was not totally trouble free. Seargent Petrocchi cited other karaoke establishments who have been required to comply with these conditions, with no reports of a negative effect on the business, and perhaps the opposite, a security guard provides patrons with a sense of security. He pointed to the fact that the owner has no control over the patrons, since the establishment is open to the public. He stated that the condition which staffhas imposed for the band, is an effort to Inonitor noise standards which is different for equiplnent (which can be monitored), from a live band (which does not lend itself to that). Seargent Petrocchi concluded by stating that the Police Department has recently received reports of card playing activities taking place upstairs in the establishment, consequently he would recomlnend that one other condition be added to eliminate card playing activities. Vice Chairman Barnett questioned how minors would be prevented frOln the dance/bar area of the business. Seargent Petrocchi pointed to previous conditions imposed that no dancing could be started until minors vacate the pren1ises. Chainnan ROlnero asked if they have had any difficulty ilnposing those conditions. Seargent Petrocchi stated that periodically, they have had to work with Inanagement, however they have found that the conditions as written have been successful in controlling this concern. Commissioner Sim asked how close the nearest residential units were. Seargent Petrocchi stated that they are upstairs, and PC Mtg. 9/18/97 5 of 9 behind. Commissioner Sitn asked whether other karaoke establishlnents are monitored as part of the approval for a year, or six months. Seargent Petrocchi stated that he thought they were, but could not be sure. He added that they are monitored on an ongoing basis, and if any problelns occurred they are brought back to the Commission without hesitation. Commissioner Honan asked about the reference in the staff report to lilnited dancing, what is it, and how will it be enforced. Seargent Petrocchi explained that dancing is an accessory use, not primary to to the bar and restaurant. He added that sometilnes after approval, the use is expanded Inaking dance a primary activity. Further questions were posed by COlnmissioners Honan and Siln on whether the restaurant would be in use after minors are vacated, whether a cover charge would be in effect, and whether the city has any areas with live bands. Seargent Petrocchi responded that since the business is expected to generate 51 % or more of their revenue has to be derived from the eating establishlnent, he believed that the restaurant would continue beyond the time when the Ininors are vacated. He did not know if there would be a cover charge, but added that it could be a positive thing. At1d he indicated that all rental halls and dance facilities have live dance mUSIC. Chairman Romero stated that the repoli is missing a site plan and layout presentation, and wanted to know if both the bar and restaurant area are are included. Mr. Lappen stated that site plan submitted to the Building Division for the kitchen upgrade pennits shows the bar, dance, and restaurant area in the same location. Commissioner Barnett stated that he has Inajor safety concerns on whether issues such as the staircase, which in the past was not up to code, bare studs, and lack of fire door attic in the area above the site have been addressed. Mr. Harnish stated that these issues have not been addressed in this permit. The Building and Fire Departments are responsible for bringing any substandard conditions up to code. He added that the Building Department has red tagged some deficiencies; and any substandard conditions are brought up to code prior to occupancy. COlnlnissioner Barnett asked if this building is subject to earthquake retrofitting. Chief Planner Harnish did not know and deferred to the Assistant City Attorney. Mr. Snodgrass stated that he was prepared to respond to the legal requirelnents for private structures for retrofitting, and offered to look into that. Commissioner Sim stated that he was very concerned with the safety issues raised by Commissioner Barnett and agreed with Chairman ROlnero that it would have been beneficial to have a visual presentation. Commissioner Honan spoke of her concerns about the subject before theln addressing approval for activities on one floor, but the discussions now including upstairs units. Her concern was that the restaurant and bar area may have access to the upstairs residential units, and questioned how the Police Departlnent would be able to monitor. Chief Planner Harnish stated that the permit is for a dance and sign permit only, and residential areas are not regulated by this per111it. It was ultimately detennined that the upstairs areas of concern to Commissioner Barnett were for storage area and the Inanager's office above the site and did not include the residential units which are separated and not accessible frOln this site. Mr. Harnish stated that he will ask the applicant to put a floor plan together, and have the Building Department address the upstairs storage and office area for safety issues. Chainnan Romero requested that the site plan include the first and second level. Comlnissioners Sim and Honan raised an issue of the proximity of the parking facilities serving this establishment, and having someone present to address the PC Mtg. 9/18/97 6 of 9 adequacy of parking. Mr. Harnish stated that the area is within the Parking District, which provides parking for the downtown area and the assumption is that the parking is adequate, without the need to review each use to address parking issues. Chairman ROlnero suggested that this ite111 be continued to the next meeting. He expressed his concern that pennits for the kitchen were approved before the Commission had the opportunity to review the penuit. Mr. Lappen stated that the permit was only to update the previous kitchen area. The entertaimnent use and operation of the business after Inidnight requires a Use Permit in the downtown area according to the Municipal Code. Motion Barnett/Siln Second to continue to October 2, 1997 Meeting. Unanimously approved by voice vote. ADMINISTRA TIVE BUSINESS 6. Request direction from the COlnmission on filling vacancy for Design Review Board Member. The Commission was infonned by Mr. Harnish that in addition to the one vacancy reported at the last meeting, he has received word that the other South San Francisco resident has also resigned. After discussions on whether to select from the current pool or making changes to solicit residents only; the Comlmssion determined that Mr. Harnish should pursue the issue by seeking a formal solicitation of new applicants to insure the best candidates are given the opportunity to compete. 7. Items froln Staff a. Report back regarding Heather Heights. Mr. Harnish reported that he and Chairman Romero Inet with the project representative and his architect at the site and looked at the rail and the large retaining wall. They discussed some options in dealing with the rail. He added that he received some drawings a week ago with three different design alternatives. The Design Review Board reviewed theln on Tuesday and gave some preliminary cOlnlnents, however staff has not had the opportunity to discuss the comlnents. The project representative also submitted some photos of a vine covered cyclone fence which looks better than anticipated. He indicated that he is preparing to reproduce the photos, and provide better illustrations of the drawings submitted for the rail which provide three design alternatives which he would like to present the Commission at the October 2, 1997 Ineeting. He added that the Design Review Board likes the idea of eA1ending the rod iron style fence around development and painting the rail the same color as the metal fence. Chainnan ROlnero requested that a letter go out to Mr. Garcia also reminding him to submit a visual presentation of the Initigation measures to the wall. Mr. Harnish indicated that the architect, who appears to have quite a bit of experience in this area, has indicated they will be putting in more plant material, and that the plan is to have the architect present at the meeting along with Mr. Garcia. b. Discussion of Project Review Procedures. Mr. Harnish suggested waiting until the October 2, 1997 meeting since Commissioner Baldocchi was very interested in this, and also due to the relnaining members being absent tonight. Chairman Romero requested that SOlne written material be provided to the Commission for review prior to the PC Mtg. 9/18/97 7 of 9 meeting. c. Consideration of Special Meeting on 10/9/97. Chief Planner Harnish advised the COlnlnission of the need to discuss two significant projects: 1. Bay West Cove (formerly Shearwater). The EIR is being circulated, and the comment period is close to completion. This is a Redevelopment project, but Commission will be reviewing it, and several elements of this will require the Commission's approval. 2. Terrabay - Phase 2 and 3. This is a complex project and will probably require two study sessions. Mr. Harnish stated that discussions on both of these projects will require a significant amount of time, and suggested a special study session be scheduled for October 9, 1997 to devote time strictly to these two items. COlnmissioner Romero agreed that a special meeting should be scheduled in order for the Commission to devote a sufficient amount of tilne. Chairman ROlnero requested that the Comlnission be given a calendar of events for the October activities, since so Inany things are scheduled for October. Mr. Harnish agreed and advised the Commission that he is working on a computer system to track longer range projections of activities. 8. Items from COlnlnission With reference to the list provided to the COlnlnission's concerns regarding signs. Chairman ROlnero stated that he had been asked by COlnlnissioner Teglia to bring up concerns for some other businesses on Grand, not included on this list. Mr. Harnish stated that be thinks those have been referred to Code Enforcement, but he will follow up again. Commissioner Sim repolied a concern with the trash container by Ong Pin Noodle, and questioned whether it should be enclosed. He also spoke of the need to have a basic document on every project which would provide as much information as possible to the COlnmission, without overburdening the applicant. Chainnan ROlnero reported a concern with the Montegrano Beer Distributers on Forbes Boulevard. He stated that they are parking vehicles right up to the sidewalk on both sides of the driveway leaving very little rOOln for vehicles to turn into the facility. Parking is being over utilized which could cause a problem for Fire Dept in an elnergency. He has no recollection of this being part of the Conditions of Approval. 9. Itelns from the Public None. 10. Adjournment to Special Meeting on October 1, 1997 - Joint City Council/Planning Commission. PC Mtg. 9/18/97 8 of 9 Motion Sims/second Honan to adjourn to the Special Meeting October 1, 1997 - Joint City Council/Planning Comlnission. Motion passed by unanimous vote. Meeting adjourned 10:00 p.m. / . I )J' -. Jim rni~~ Secret'ry ~the Planning Commission t ('\ ~~ ~\. . \L~C^f) William ROlnero, Chairman Planning Commission City of South San Francisco MR:JH:is PC Mtg. 9/18/97 9 of 9