Loading...
HomeMy WebLinkAbout05.18.00 Minutes CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE May 18, 2000 CALL TO ORDER / PLEDGE OF ALLEGIANCE TAPE 1 The meeting was called to order at 7:30 p.m. ROLL CALL / CHAIR COMMENTS MEMBERS PRESENT: Commissioner Baldocchi, Commissioner D'Angelo, Commissioner Honan, Commissioner Romero, Commissioner Teglia, and Chairperson Sim MEMBERS ABSENT: Vice Chairperson Meloni STAFF PRESENT: Planning Division: Susy Kalkin, Senior Planner Steve Carlson, Senior Planner Mike Upston, Senior Planner Marty Van Duyn Kimberly Johnson Richard Harmon Sgt. Mike Riordan Thomas Ahrens Director of ECD: City Attorney: Engineering: Police Dept.: Bldg./Fire Prevo AGENDA REVIEW Senior Planner Kalkin noted that there were no changes to the agenda but had a modification to item #5, Giorgi Brothers and it would be discussed with the item. She took the opportunity to introduce Kimberly Johnson to the Commission, who is a new Assistant City Attorney for the City. ORAL COMMUNICATIONS Commissioner Teglia expressed his condolences to Councilmember Joe Fernekes' family for the passing away of his mother. CONSENT CALENDAR 1. WebVan Group Inc., Applicant H.H & F Properties, Owner 425 Littlefield Ave. UP-00-021 and Categorical Exemption Section 15301 Class 1 Existing Facilities Use Permit to allow a test kitchen for food preparation in an existing 4,000 sq. ft. tenant space in a 32,800 sq. ft. industrial building including interior tenant improvements and expansion of office space into existing storage space in the P-I Zone District 2. Broadmoor LumberlFrederick Schlosser Jr., Owner Sandra B. Jimenez, Applicant 1350 EI Camino Real UP-00-019 and Categorical Exemption Class 32 Section 15332 In Fill Development Project \ \MlILDER\PL-SHARED\Millllles\05J 800 RPC.doc Page J or 7 Use Permit to allow a residential loft unit to be added to an existing construction sales and service building. Motion Honan / Second Romero to approve the consent calendar. Approved by unanimous voice vote. PUBLIC HEARING - AGENDA ITEMS 3. Golden State FlooringlRick Coates, Applicant Arthur Gilbert Real Estate Dev.-owner 240 Littlefield Ave. UP-00-OI0 and Categorical Exemption Section 15301 Class 1 Existing Facilities Use Permit allowing a construction sales and material business with hours of operation. (Continued/rom 5/4/00) Senior Planner Carlson presented the staff report. Bruce Chan, Landscape Architect, gave a brief description of the landscape plan. Public Hearing opened. Public Hearing closed. Commissioner Honan asked if there was a maintenance agreement for the site. Senior Planner Carlson noted that there would not be a separate maintenance agreement needed and condition #4 could be amended to require that there be a maintenance agreement that extends for a minimum of 2 years. He noted that the condition could state that they have an ongoing responsibility to maintain the landscaping as long as the use permit is valid. Senior Planner Carlson noted that the Commission could consider taking action on the sign plan, because it was not provided by Tuesday. He noted that it was supposed to be part of the action but could be done separately. The Commission agreed to have the sign program return for within 30 days for review and approval by the Chief Planner. Motion Honan / Second Teelia to approve the Use Permit UP-OO-Ol 0 with amendment to condition #4. Approved by unanimous voice vote. Chairperson Sim noted that he would be abstaining from Oakmont Vistas and asked Assistant City Attorney Johnson for direction on who would be Chair Pro Tempore, due to Vice Chairperson Meloni being absent. Assistant City Attorney Johnson noted that the Commission would have to vote for an interim Chairperson. Motion Teelia / Second Romero to have Commissioner Honan be the interim Chairperson. Unanimously approved. 4. Oakmont Vistas/Thomas Callan Jr., Gilbert Anda, Owner John Hansen PSC, Applicant Oakmont Drive @ Westborough Blvd. DA-98-054 Consideration of a Development Agreement to provide maintenance assurances for the 4.9 undeveloped acreage at the comer of Oakmont Drive and Westborough Boulevard. Public Hearing opened. Senior Planner Kalkin presented the staff report. \ \MllLDER\PL-SHARED\M illUlcs\051800 RPC.doc Page 2 of 7 Tim Tosta, Baker & Mckenzie representing the applicant, noted that they agree with staff's recommendations and are available to answer any questions. Jerry Twentyman, 2415 Bantry Lane - President of the Westborough Homeowners Improvement Association, had three points for further consideration of the Development Agreement by the Commission; 1 sl- the City has given away to much by allowing the developer to propose 47 homes on a 4.9 acre site. He added that the developer will return with a high density project; 2) The agreement requires the developer and then the Homeowners Association to maintain the open land, including the existing subsurface and surface drains. He noted that there is no language in the Development agreement requiring the developer to investigate the condition of those drains. He added that there is a condition for the 4.9 acre site that requires the applicant to investigate the drainage and suggested that the same condition apply to the other area; 3) He noted that the Homeowners Association should not be responsible for the maintenance of both sites. He added that there is a small fraction of people that would get involved in the Homeowners Association and noted that there is a 1 % homeowner participation in his association. He suggested that the City Attorney contact the Association of Homeowner Associations. He asked to see the estimated costs for the homeowners association and noted that it may be a large number. He concluded by mentioning that the development agreement is a 10 year agreement and the developer has obtained many things by it. He further noted that landscaping, and emergency access are to be maintained and the development agreement does not have any maintenance standards. He added that Homeowner's Associations are an easy way for the developer to move onto the next project. Bernanrd Norris, 2520 Ardee Lane, was concerned with development on the site. He noted that the home at 2304 Olympic fell in and asked if a line runs under then there will be problems on his property. Public Hearing closed. Assistant City Attorney Johnson noted that the Homeowners Association is required to maintain the second property until some permits are issued for the development of that property. She noted that it is not a continuing obligation and all of those issues will be covered in the DCC&Rs. She added that the development states that the property shall be maintained in accordance with City requirements and the City will be monitoring the maintenance. She noted that the City maintains enforcement responsibility with the Development Agreement. Commissioner Teglia noted that a small association has limited resources. He added that the project was first brought before the Commission as one site and the Commission had recommended to make the San Andreas Fault site a permanent park. He noted that there are legitimate issues on the drain system. He added that there was going to be more development and considering the history on the application he asked if the Commission could ask for direction from the Council and try to look at the area as one entire site again. Senior Planner Kalkin noted that the residential portion has not yet been approved. She mentioned that Council's direction to staff was to have the residential portion go forward and also have assurances that the main parcel would be maintained. She added that the Council also wanted the developer to develop a project that would comply with the zoning code for the site. She mentioned that in order to do that it requires thorough geotechnical investigations. Commissioner Teglia noted that the approved portion of the project was based on the fact that residential would not be allowed over the San Andreas Fault section. He added that allowances were made for this reason which were private streets and increased densities. He noted that the vacant lot is still open and asked for a clearer idea of what is going to be done in the future and maybe put to rest the lower portion of the site by designating it open space. Assistant City Attorney Johnson pointed out that the agreement governs the portion of the property that has already been approved for development and related to the undeveloped and unapproved portion to the extent that there is maintenance required of the property. She noted that the agreement gives the applicant some assurances that if they are able to meet state and local requirements, then they will have the opportunity to apply for permits. Director of ECD Van Duyn noted that the Council shared similar concerns that the Planning Commission had. He noted that if the site was segregated with the single family homes being approved, then the 4.9 acre site would \\MULDER\PL...SHARED\MillU[cs\051800 RPC.doc Page 3 of 7 be left as it stands now. He mentioned that staffs concern was what the motivation would be to improve the site. He added that the property would revert back to the same condition it is now. He explained that the developer was going to purchase the entire site if the mini storage would be approved. He added that the 4.9 acre site was then left alone and the developer only had responsibility for the 33-unit subdivision. He noted that Council directed staff to work something out with the developer, and the developer committed to taking the 4.9 acre site under his ownership. He added that the developer thought there would be development potential on that 4.9 acre site. Director of ECD Van Duyn further noted that the City wanted to see the site maintained, kept clean, improvements on the corner being done, and to be able to correct future issues, which led to the decision of having a development agreement to accomplish this. He noted that they were going to keep the entire site as one and the Homeowners Association would be the responsible party for the maintenance. He mentioned that the developer has other options which are subject to the Planning Commission's review. He added that the engineering studies were to be conducted right away and the applicant agreed to do that. He recommended adding a time period in which the applicant has to submit an application filed for the development, rather than having the property vacant for years. He added that staff had suggested a two year time frame that would allow the applicant to get the engineering study accomplished, reviewed by staff, and submittal of an application to staff. He added that if development on that site should occur then the responsibilities would be redistributed. He mentioned that the option of purchasing the property was considered and the Parks & Recreation Department did not recommend it and Council supported that recommendation. He added that staff wanted the site addressed with some improvements on the site. He noted that the agreement calls for maintenance on the site and clearance of debris. He added that the development agreement gave staff the opportunity to ask for a landscape plan on the lower portion. He mentioned that this reached staff's primary objective to have the remaining site landscaped. He pointed out that the only area that the Homeowners Association would be responsible for would be the comer lot. Commissioner D'Angelo was uncomfortable passing an obligation that belongs to the developer to a new Homeowners Association without knowing the drainage system and its negative impact. He asked if the developer isn't responsible who would be responsible for any litigation. Assistant City Attorney Johnson noted that it is fact specific and cannot be speculate as to who would be liable for any issues unless all the facts are known. Commissioner D'Angelo asked if the Homeowners Association would be exempt from liability. Assistant City Attorney Johnson noted that the Homeowners Association may not be exempt. Commissioner D'Angelo noted that he was concerned with this because of the history of drainage problems in that area. He added that there has not been any TVing of that system to give the Commission a report on its condition and future capability. Director of ECD Van Duyn noted that there is a condition on the 33 lot subdivision that covers the entire] 0 acre site in regards to an addressment of the engineering for the entire drain system of the property. He noted that the intention is to address all the drainage issues for the entire] 0 acres at the time the subdivision comes in. He added that the maintenance of the remainder portion is for the Homeowners Association. Commissioner D'Angelo noted that he cannot support transferring the responsibility to the Homeowners Association. Commissioner Teglia asked what drainage system was in question. Director of ECD Van Duyn noted that all the drainage for the development of the site and the subdrains. Commissioner Teglia noted that the big problem was the deep drains. He mentioned that if there should be a failure of these drains the liability would be so great that the homeowners association would not be able to handle it. He asked when the Homeowners' Association goes bankrupt is the City liable at that point. Director of ECD Van Duyn noted that the engineering solutions on the site would be such that it would not be solved and it is the intent behind the original condition. Commissioner Teglia asked for some insurance, such as, video scoping the system. Senior Planner Kalkin noted that it was recommended as a condition of approval for sewers and storm drains. Commissioner D'Angelo asked who was responsible for the repairs. Engineering Development Specialist Harmon noted that there is no way of addressing the subdrain system physically. He noted that the intent of the conditions of the subdivision were to intercept the water at the \ \MULDEH\PL-SHAHED\MiI111(es\051800 HPC.doc Page 4. or 7 downstream border of the subdivision. He added that the intent was to dig down and find he main drain and pump the water up to the surface drainage. He noted that this particular property would not add to the problems in the Westborough and Monte Verde areas. Commissioner Romero asked if the maintenance was on site and not off site. Director of ECD Van Duyn noted that it is on site but if it is traced back to the site then responsibility for the problem would fall upon the Homeowner Association. Commissioner Romero asked if the Homeowners Association does not take responsibility then the other alternative would be the City. Director of ECD Van Duyn noted that the responsibility falls on the Homeowners association. He added that staff does not want this to come back as the City's responsibi I ity. Chair Pro Tempore Honan asked if there was an existing budget. Director of ECD Van Duyn noted that the applicant is required to submit a budget when they do the Corporation for the Homeowners Association and tax rate plan which are approved by the State Department of Real Estate. Tim Tosta added that the Subdivision Public Report is issued and the State Department of Real Estate is protecting the consumer and they review the development agreement. They will identify the potential charges that can arise for that homeowners association. He noted that they make sure that there are adequate allowances so that the Department of Real Estate will issue the Public Report in order for the units to be sold. He pointed out that this was an extra level of protection for the Homeowners Associations. Assistant City Attorney Johnson noted that the developer remains the owner of the unimproved property. She noted that the some maintenance responsibilities are shifted to the Association, the developer is still the owner of that property, and will be working actively on that site doing the tests that are in the conditions. Commissioner Romero noted that the Commission has reviewed development agreements where the responsibility has been conveyed to the Homeowners Association and those costs have been forecast and taken into consideration. He added that the landscaping solution is a benefit to the City because it will improve the entrance to the City and make it a nicer area to drive through. He added that it addresses Council's concerns and the residential portion of the project is a superior product. He suggested going forward with the Development Agreement and recommend it to Council for approval. He noted that they can determine at their level if this is appropriate and if it has been adequately drafted. Chair Pro Tempore Honan noted that she has driven up to the site for the fourth time. She was uncomfortable with putting the responsibility on the Homeowners Association and understands that the home buyer will be made aware of the responsibility that they have. She added that the site is not a benefit to the City as it sits and needs help and would like to see this go forward to the City Council. Commissioner D'Angelo noted that there is a shortage of housing on the Peninsula and people are going to buy anywhere they need to be. He added that the home buyer will accept the risk until there is a problem and will turn around and tell the City that they allowed the potential problem to go forward. He noted that as a homeowner, former homeowner association member, and without the endorsement from the Homeowners' Association in the area he cannot approve the development agreement and would like the developer to carry the burden of maintaining the site. Commissioner Teglia noted that this was an interesting point and asked if it can be done. Assistant City Attorney Johnson noted that when projects are approved an indemnity is requested from the developer from any and all claims. She noted that with the full disclosure requirements that the homeowners are subject to when they purchase a home it is unlikely that they will prevail against the City in any action. She noted that there is an indemnity provision in the Development Agreement that holds harmless the City for any action of its contractors, subcontractors and any work done. Commissioner D'Angelo asked what the amount of the indemnity was. Assistant City Attorney Johnson responded that it is unlimited. Commissioner D'Angelo noted that the developer has unlimited liability if there are damages in the drainage system. Assistant City Attorney Johnson noted that it is unlimited in any action in connection with the \ \Ml lLDER\PL-SHARED\Mil1l1les\O.5 I 800 RPC.doc Page .5 of 7 construction or maintenance of the project or future project to the extent that it was the City's negligence. She noted that the developer has the obligation to defend the City unless they can prove that the City was negligent. Commissioner D'Angelo noted that the City could be negligent if the drainage system is not video scoped. Assistant City Attorney Johnson noted that this is not so because that obligation falls on the developer as a condition of approval. Commissioner D'Angelo thanked Assistant City Attorney Johnson but noted that he was not convinced. Motion Romero / Second Teglia to approve the Development Agreement with a 2 year time limit on the geotechnical reports. Ayes: Commissioner Baldocchi, Chair Pro Tempore Honan, Commissioner Romero, Commissioner Teglia Noes: Commissioner D'Angelo Abstain: Chairperson Sim Absent: Vice Chairperson Meloni Approved by majority roll call vote. Recess called at 8:38 p.m. Recalled to order at 8:58 p.m. s. Giorgi Bros. Furniture Robert Giorgi-owner/applicant 211 Baden Ave. UP-00-006 and Negative Declaration ND-00-006 Use Permit allowing construction of a retail furniture showroom (expansion of the existing Giorgi Bros. Furniture store) within 200 feet of a residential district. Director ofECD Van noted that the variance portion of the application was not properly advertised and the Commission cannot act on that portion of the project. He added that those issues are critical to the design of the project. He noted that it was recognized earlier and thought that it might be of some benefit to the applicant to make a presentation to the Commission. He added that the applicant suggested making some modifications to the plans in light of the conditions in the staff report and has agreed to continue the entire item in order to advertise the variance for the June 1, 2000 meeting. He also suggested that the public hearing be opened to allow the public to speak and the Commission will not discuss the item or act on the item. Public Hearing opened. Barbara Ward, 227 Village Way, noted that Village Way is a one way street and accessed on Linden Avenue. She added that most of the residents are Spanish speaking and don't speak English and poses a problem with the notices. She opposes the expansion because of the noise, traffic congestion and loss of parking. She added that there is not adequate parking on Village because it is used by the Agundis Tire shop customers. She noted that 3 days a week 18 wheel trucks deliver to the Giorgi building through the alley and leave their engines running at 2 or 3 a.m. She added that Second Lane is a main artery between Linden and South Airport Boulevard to go to the freeway. She noted that there has not been a traffic count on that street and there is one needed because the traffic load is tremendous. She entered pictures into the record for the Commission. She added that the loading and unloading on Second A venue poses a problem because many of the trucks have to back up into the street and they lun into the fences. She noted that Giorgi Brothers has been a good neighbor but has outgrown their business. She pointed out that the Giorgi and City parking lots are always full. She felt that if the expansion is allowed there will be more traffic generated by customers, and delivery. Teresa Benavides, 221 Village Way, has noticed a tremendous change in the downtown area. She added that Giorgi has outgrown the building that they are in. She noted that her house is directly behind the loading dock. She mentioned that the large 48 foot flat bed trailers park that leave their engines running are very disturbing. She added that on Sundays, Tuesdays, and Thursdays the semis block the lane. She added that there are occasions \\1\1 t ILD ER\PlrSHARED\1\1 inUles\051800 RPC.do(' Page G of 7 Elke Vorheis, 227 Village Way, was also concerned about traffic, parking, noise and the safety in the area. She also noted her concerns with the increase in these problems and would like them addressed at the next meeting. Public Hearing closed. Motion Teglia / Second Baldocchi to continue the item to June 1,2000. Approved by unanimous voice vote. ADMINISTRATIVE BUSINESS 6. Items from Staff Senior Planner Kalkin noted that a Terrabay study session has been scheduled for the June 1 st meeting.. 7. Items from Commission Commissioner Baldocchi complemented staff on including pictures as part of the staff report. The Commission asked staff to respond to the following issues on the Giorgi project at the next meeting: · Having a neighborhood meeting on the Giorgi project · Translating the Public Hearing notice into Spanish. · Submittal of pictures or drawings showing more context in terms of elevation, and site plans to see how its relation to the urban environment. He noted that it would help the Commission to better analyze the relationship between the adjacent context and the building. · Response from the Police Department with regard to how the traffic issue can be handled. · Overflow of parking on Village Way. 8. Items from the Public - None 9. Adjournment Motion Honan / Second Teglia to adjourn the meeting. The meeting was adjourned at 9: 15 p.m. , ~ \ ~~,j Eugene Sim, Chairperson Planning Commission City of South San Francisco k~L,- .. Susy Kalkin; Principal Planner Secretary to the Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting June 1,2000, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. NOTE: Staff Reports can now be accessed on the website. www.ci.ssf.ca.lls (Economic & Community Development/Planning webpages). TCSlbh G:\File Cabinet\minutes\2000\051800 RPC.doc Page 7 of 7