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HomeMy WebLinkAbout02.19.98 Minutes MINUTES PLANNING COMMISSION MEETING MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE February 19, 1998 CALL TO ORDER / PLEDGE OF ALLEGIANCE ROLL CALL / CHAIRMAN COMMENTS MEMBERS PRESENT: Chairman Barnett, Vice Chairman Teglia, Commissioner Romero, Commissioner Masuda, Commissioner Teglia, Commissioner Baldocchi, Commissioner Honan, Commissioner Sim MEMBERS ABSENT: . None ALSO PRESENT: Planning Division Jim Harnish, Chief Planner Mike Upston Katherine Wellman Sgt. Mike Massoni City Attorney Police Dept. APPROV AL OF MINUTES: January 15, 1998 Motion- Romero/Second- Teglia - Approved by unanimous voice vote. ORAL COMMUNICATIONS None CONSENT CALENDAR None PUBLIC HEARING - AGENDA ITEM 1. Ongpin Noodle House. 75 Camaritas Avenue. Julio Donati. Owner: Ramon Palencia. Applicant. UP-96-119-MODl Use Permit Modification to allow expansion of an existing restaurant into the adjacent tenant space at 75 Camaritas Avenue within the Retail Commercial (C-I) zone district in accordance with SSFMC 20.22.030. Associate Planner Upston presented the Staff Report. Chairman Barnett and Commissioners Masuda, C:\working\minutes\1998\021998pc. wpd Page 1 of 8 Romero, and Honan raised concerns regarding possible effects of the expansion of kitchen facilities and possible emission of odors due to the addition of the oven. Commissioner Masuda had a concern with the 6' 6" wide door leading into the office. Vice Chairman Teglia raised questions about the common entry from the Westborough parking area and possible impact on the parking situation, and whether the corridor would change the access for customers to side parking lot, signs and treatment to the office from the outside, and whether signs would be placed on the window. Commissioner Honan as well as other Commissioners expressed their frustrations with the poor quality of the floor plan. Vice Chairman T eglia moved to continue the item to the next meeting. Commissioner Sim requested that staff insure that fairness in requirements is applied to all applications of this nature. Commissioner Romero requested that the outside storage of the garbage situation should be addressed as well since this is an expanded use. Chairman Barnett raised questions about the scheduling six month review period for upholding the appeal. Staff responded to some of the concerns and indicated they would come back to the Commission with a response to other concerns. Chief Planner Harnish asked for clarification on exactly what the Commission was requesting: venting, scale of drawing with more definition and detail about the precise layout of the kitchen and the office, what facilities are going in, and aesthetic treatments. The applicant, Mr. Ramon Palencia, explained that the office would be only for the employees and officers of the corporation. He added that they will not be placing any outside signs. They will be installing slat blinds to cover the windows. In response to the concerns about odors, he commented that the oven being proposed is the same as the ovens used by Rib Shack on EI Camino Real, and they don't have complaints of smells. He added they do not intend to place additional chairs for customers. He eXplained that they are asking to put a door on the side as a safety measure for the cashier. Commissioner Masuda asked about conditions from the Fire Department with reference to the protection for the roasting oven. Motion- Teglia/Second-Baldocchi to continue to March 19, 1998 - Approved by majority voice vote. 2. Panaderia Hernandez. 401 Grand Avenue. Jose and Rita Hernandez. Owner/Applicant .UP- 98-002 Use Permit to allow the open display of fresh produce outside the building within the Downtown Commercial (D-C) zoning district in accordance with SSFMC 20.26.060 (a) (b). Associate Planner Upston presented the staff report. The applicant, Rita Hernandez of24 Portola Avenue indicated that they sweep the sidewalk every evening and wash it down once a week. She added that the slippery conditions causing individuals to fall have been due to the slippery finish on the sidewalk, not the produce. The city has taken measures to alleviate that condition. In response to the comment about people stealing fruit, she stated that this is something that they have no control over. She stated that due to her business being in compliance and others not, she has lost customers. C:\working\minutes\1998\021998pc. wpd Page 2 of 8 Commissioner Masuda asked if the applicant would be going back to the same setup, with carts within their boundary and asked why other businesses that are not in compliance are being permitted to operate. He spoke of the hardware store having been told by a police officer to move his fruit, and yet others are being allowed to continue, and feels this is a problem. Commissioner Honan asked if someone would be monitoring the fruit at all times. The applicant responded that they restock throughout the day, so someone is always there. Commissioner Sim commented that the use of CDBG grant money incorporating the kiosk guidelines and improved elevations should make the corner more colorful. Vice Chairman Teglia addressed Mr. Sim adding that staff should be acting on the consensus of the Commission, versus the ideas of one individual member. Commissioner Sim added that he was merely stating an observation, not intended as a policy gesture. Commissioner Romero spoke of the process which brought this issue before the Commission, stating that he views this as a minor modification of an existing use. He expressed a concern that the applicant had to pay $650 to file the application, and subsequent applications (if there are 18) will cost the small businesses a total of$II,700 only to discuss the type of use. He added that he felt this was unreasonable for a small business, and he disapproves of it. He added that staff had been asked about this process before, and the Commission had been advised that it was an allowable use so long as it was within the property. He stated that he felt that the Commission should have been consulted to determine if this is a reasonable, acceptable use, and if so, should have been processed as a modification to the zoning, designating it as something that could be decided by the Zoning Administrator, at a cost to the small business of a $50 fee in lieu of the $650 fee. He added that staff should have brought this to the attention of the Commission followed by a study session to decide if this is a use which they want to allow, and if so what standards to impose for this type of use. He recommended continuance of this application, and asked that staffissue a temporary stay of any further enforcement of the Municipal Code, and requested that staff generate documentation that the Commission can review for recommendation to City Council for a final decision on whether this use is reasonable. If Council does not agree with the Commission, then Code Enforcement should proceed. Chairman Barnett asked if this was a motion. Commissioner Romero stated that he would like staff to comment first. Assistant City Attorney Wellman responded to Commissioner Romero's comments and what the Code currently requires, citing that Section 20.22.070 of the Municipal Code, which addresses Use Permits, Retail Commercial District Use Regulation? Special Operations or Structures~ Subsection B, specifically says, "unless approved with a Use Permit for open storage of goods, all uses except parking shall be conducted entirely within abuilding", adding that this is the reason this application is before the Commssion and staff is only complying with what the code currently requires. In response to some of the concerns raised, staff responded that one of the conditions of approval requires that the applicant work with the Economic and Community Development to provide a better alternative which is more compatible with the design of the building, and that eighteen notices were sent out to all stores that were not complying. She added that the process for bringing issues such as tpis into compliance ordinarily takes time, with all required steps taken before it being directed to the City Attorney's office for prosecution as a Municipal Code violation. C:\working\minutes\1998\021998pc. wpd Page 3 of 8 Chairman Barnett asked whether this can legally be suspended temporarily, pending review for possible change. Ms. Wellman responded that the hearing could be continued, but they could not put a stay on the enforcement. She added that the Commission can ask staff to make a recommendation to Council to modifY or eliminate this code section and offered other options that could be taken with respect to enforcement options. Vice Chairman Teglia added that the reason this Section is in place is an attempt to discourage this type of outside display. The Use Permit allows the opportunity on a case by case basis to make an exception. He asked that the Commission consider the appearance of Grand Avenue now, and whether the Commission wants to enter into changes such as those being recommended. Commissioner Masuda stated that since the applicant has paid this amount money, he felt that the application should be approved to avoid two to three months delay on the applicant's part while the proposals are being considered. He made a motion to approve the application. Commissioner Baldocchi thanked the applicant for complying, but expressed her concern for the direction taken on Grand Avenue, stating that the requirement is in the Municipal Code and is being enforced. She added that the Charrette which she attended did not speak to this type of operation. She encouraged the applicant to work with CDBG to improve the store front which will benefit the city and her business, adding that she is not in support of open displays outside any of the stores since they are a hazard and look poor, and those not complying should be reprimanded. Commissioner Honan asked the Police Department if they have record on file of the person who has fallen twice. Sgt. Massoni responded that he checked and was not able to find reports within the Police Department. Vice Chairman Teglia agreed with Commissioner Baldocchi, stating that there is a reason why this is on the books to begin with, and if the Commission is considering venturing into this, certain guidelines need to be established. He used this application as an example which has the fruit stands all the way out to the line, adding that they should not be so massive, and should include a setback from the sidewalk. He added that most stores could have a few things by the door with a few feet setback from the sidewalk, but the kiosk in the corner is bordering the sidewalk on all sides, he felt is overkill. He spoke to whether this would be allowed, and if so what standards applied. Commissioner Romero spoke to the applicant and asked if she preferred to go forward, or continue the item to allow for possible changes to the Municipal Code which could take time. The applicant stated that she would prefer to know if she is going to be able to sell her fruit or not so she can move forward, but requested that if she can't have her produce out, everyone else be held to the same standard. Commissioner Sim stated that looking at the staff report, there is a one year monitoring phase, and if this is approved a check and balance should be in place so that the recommendations made by the Commission to the City Council allows this applicant to also conform to the master plan, adding that he felt it was C:\working\minutes\1998\021998pc. wpd Page 4 of 8 incumbent upon the Commission to allow the operation to continue. Chairman Barnett stated that the critical reason for the Commission being here is to determine what the City is going to look like in the future. He added that he also attended the Charrette function and his interpretation of the presentation is that it created a perfect situation for having outside displays such as this which also adds to the Italian and Latin flavor the community, adding that his personal opinion is that this looks good. However, he added that the Commission has to come to a consensus on the future appearance of the community and the direction being taken, since this is a landmark case. Commissioner Romero stated that a motion has been made and he would like to second the motion for approval. Commissioner Baldocchi amended the motion to have the third fruit stand by the pillar removed because she felt it is a hazard. Vice Chairman Teglia agreed, adding that it borders on the sidewalk, adding that a 1 or 2 foot setback should be imposed. Chairman Barnett questioned the need for setbacks. Vice Chairman Teglia spoke to imposing provisions that kiosks remain out only during business hours for future approvals. Commissioner Romero added that eliminating one of the stands would eliminate part of the business. Chairman Barnett agreed, adding that it worked for three years, and doesn't see a problem. Chairman Barnett asked for a second to Commissioner Baldocchi' s motion to amend the motion. Vice Chairman Teglia seconded. The motion failed by the follov/ing votes: Ayes: Noes: Vice Chairman Teglia, Commissioner Baldocchi Chairman Barnett, Commissioner Romero, Commissioner Masuda, Commissioner Sim, Commissioner Honan None Abstain: Vice Chairman Teglia moved to amend the motion to include at least a 1 foot setback from the city sidewalk on all the stands. Commissioner Sim asked what the clearance dimension is between the two stands. The response was 4 feet. Jose Hernandez spoke on behalf of the applicant, stating people don't actually stand on the sidewalk. Commissioner Baldocchi seconded the motion. The motion failed by the following votes: Ayes: Noes: Abstain: Vice Chairman Teglia, Commissioner Baldocchi Chairman Barnett, Commissioner Masuda, Commissioner Sim, Commissioner Romero, Commissioner Honan None Ms. Wellman added that one of the things that could be conditioned in the Use Permit could be that the improvement grant being sought through CDBG include provisions on how the fruit is displayed, and perhaps the Commission would like to have this come back once those changes have been incorporated, assuming it's within a year. C:\working\minutes\1998\021998pc. wpd Page 5 of 8 Commissioner Baldocchi made a motion that the agreement reached between the CDBG staff and the applicant be submitted to the Planning Commission for review once the plans come up within the year. Commissioner Sim asked if the agreement would go through the Design Review process. The response was that it does not. Commissioner Teglia Seconded. The amendment to the motion passed by the following votes: Ayes: Chairman Barnett, Vice Chairman Teglia, Commissioner Masuda, Commissioner Sim, Commissioner Romero, Commissioner Baldocchi, Commissioner Honan None None Noes: Abstain: The motion by Commissioner Masuda/seconded by Vice Chairman T eglia with approved amendment was passed with the following votes: Ayes: Chairman Barnett, Commissioner Masuda, Commissioner Sim, Commissioner Romero, Commissioner Honan Vice-Chairman Teglia, Commissioner Baldocchi None Noes: Abstain: Discussions followed on concerns that others are not in compliance. Commissioner Teglia suggested that the Commission give staff direction to send a message to the City Manager and Code Enforcement requesting that the regulation enforcement be expedited. ADMINISTRATIVE BUSINESS 3. Items from Staff a. League of California Cities Planners Institute: March 5 - 7- Mr. Harnish provided information. b. Cancel Regular Meeting March 5, 1998 Motion-Baldocchi/Second Masuda approved by unanimous voice vote. c. Upcoming Study Sessions Mr. Harnish spoke on the subject for both Planning Commission and Council study sessions, and encouraged the Commission to attend the City Council study sessions that are not joint sessions. He noted that the next item would the Materials Recycling Facility. Vice Chairman Teglia was concerned that this is not going to be a joint session. Mr. Harnish responded that he plans to have a study session with the Commission later, adding that this was a preliminary presentation to the Council to get an early feel on the willingness of the Council to modify the General Plan which is a critical issue in this application. Commissioner Baldocchi asked for a synopsis of the meeting attended by the two Commissioners in attendance the previous evening. Chairman Barnett asked that staffbe C:\working\minutes\1998\021998pc.wpd Page 6 of 8 allowed to continue with the next item first. Mr. Harnish continued that March 18th is a follow up on two issues: Willow Gardens which is a CDBG program and the Design Charrette, with an overview and discussion of downtown development issues. He added that all of the Commissions involved in the Charrette are invited to attend the meeting and participate. He added that the joint session on April 15th is the most important meeting for the General Plan. He continued with specific dates for the Commission meetings provided that they agree to the meetings. The first one being next Thursday for the revised EI Rancho Subdivision Map. Vice Chairman Teglia suggested that the setup for the meeting be discussed due to problems in the past. Discussion followed on appropriate handling of public input, which Ms. Wellman stated requires that opportunity be given for public testimony to be taken, but the Commission can decide when to take it and limit the length adding that it is not a public hearing, so no decisions will be made. lij4::iiQiimipiii:ii~i Commissioner Honan asked that when the applicant addresses the Commission that they should have a complete package. Commissioner Romero stated that in his opinion that every resident as well as the owners should be noticed for all public hearings. Staff advised that the notices are sent out by using the assessor's rolls. Ms. Wellman cautioned that the law requires certain noticing, and the procedure being used is in compliance with the law, adding that she would have a concern with having a project which is causing a concern establish a precedent for all future project. Vice Chairman T eglia spoke that this sounded like something that should be suggested to Council if the Commission so desires. The Commission agreed to the February 26, 1998 meeting at 6:30 p.m. for the EI Rancho The Commission agreed for the March 12, 1998 meeting at 6:30 p.m. for the Summerhill The issue of limiting the time for the study sessions was discussed. Chairman Barnett suggested an hour and a half d. Materials Recovery Facility Status Report - Mr. Harnish stated that he was providing preliminary information being put together for the study session with Council for review. "'{lice Chairman T eglia spoke of his concern that folIo wing the COmmiSSiOllS prior discussions with angry business people stating what was all appropriate use and what was not, the tone of this interoffice Inenlorandum, in his opinion, is that staff is in mpport of the project and encomaging it. lIe quoted something from the Inemolandum adding that this was 110 longer the city's concern. And fur therll10r e, he was t10ubled that Coundl :~~::c~t~h:~;6:::~dh;:;e:\iil_!'~~;lti'~;il.~iii~1Ili_i~@ 1IIIIIlallilt"lfl'II~II"llllrl'lllillll(1 C:\working\minutes\1998\021998pc. wpd Page 7 of 8 ~:~~y~i.gi$:::t.Q:::M~pit.~::::Qy~t~rIgQ~nt~:::::~ij4]1iy~~1g:::tfiwE_:]n:::m191~fIQ!ty:::li:::~:::gQ:q4H:4.~~~: Mr. Harnish responded m~t his attempt has been to remain neutral, however, he could not respond to whether the city can escape penalties which may be imposed by the state mandate. 4. Items from Commission Commissioner Romero asked that staff review the downtown area and how future applications such as the one for Hernandez are dealt with at staff level. He also stated that the paint company at the end of Linden before the railroad tracks is full of junk. Vice Chairman Teglia asked for an update on house across the street from his. Mr. Harnish apologized for not coming back yet with that item and the one raised by Commissioner Masuda on Mission Road. He stated that he spoke with Code Enforcement, but they haven't gotten back to him. He will be working with the them and report back to the Commission. Commissioner Baldocchi asked about the status of the Telecommunications Ordinance. Mr. Harnish indicated that is is about ready to be brought forward. Commissioner 19m~.rq informed the Commission that he had been in attendance at the School Board meeting where the decision was made to sell the entire EI Rancho site which was approved by a 3 to 2 vote in favor. He added that they had a difficult time making a decision due to some significant issues that were raised. 5. Items from the Public None 6. Adjournment MotioniSim/Second-Romero Meeting adjourned 9:26 p.m. C4v ~- Christopher Barnett, Chairman Planning Commission City of South San Francisco CB:JH:is NEXT MEETING: Study Session February 26, 1998 7:30 p.m., Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. c: \working\minutes\1998\021998pc. wpd Page 8 of 8