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HomeMy WebLinkAboutMinutes 11/21/2002 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION MEETING MINUTES MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE November 21, 2002 CALL TO ORDER / PLEDGE OF ALLEGIANCE ROLL CALL / CHAIR COMMENTS PRESENT: TAPE 1 7:30 D.m. Commissioner D'Angelo, Commissioner Honan, Commissioner Meloni, Commissioner Sim, Commissioner Teglia, Vice Chairperson Ochsenhirt and Chairperson Romero ABSENT: None STAFF PRESENT: Planning Division: Building Division: City Attorney: Engineering Division: Police Department: Water Quality: Fire Prevention. AGENDA REVIEW ORAL COMMUNICATIONS CONSENT CALENDAR Thomas C. Sparks, Chief Planner Susy Kalkin, Principal Planner Mike Lappen, Senior Planner Barry Mammini, Senior Building Inspector Kimberly Johnson, Assistant City Attorney Richard Harmon, Development Review Coordinator Sergeant Mike Newell, Planning Liaison Ray Honan, Environmental Compliance Coordinator Maurice Dong, Assistant Fire Marshall No Changes None Approved 1. Approval of Regular Meeting Minutes of November 7, 2002. Pulled 2. Wong, Manton E Lessee-owner Belinda N acilla-applicant 2211-2213 Gellert Blvd P02-0085 and Categorical Exemption Class 1 Section 15301 Existing Facilities Approved (Recommend continuance to December 5, 2002) LING NAM NOODLE HOUSE-Use Permit Modification of UP 93-939/MOD 1 allowing a reduction in business hours from 11 P.M. to 5 A.M. to 11 P.M. to 4 A.M. and to amend condition of approval # 3 to require only one (1) security guard instead of two (2) guards from 11 :00 P.M. to 4:00 A.M., in accordance with SSFMC 20.81. Motion Meloni / Second Sim to approve Item 2. Approved by unanimous voice vote. 1. Approval of Minutes of November 7, 2002. S:\Minutes\finalized\2002\11-21-02 RPe.doc Approved Page 1 of 7 Chief Planner Sparks pointed out that Commissioner Teglia was concerned with his comments, as reflected in the, regarding the Bingo permit and the conditions. The tape was reviewed and a verbatim copy of his comments was provided to the Commissioner. His concerns are correct and the minutes have been revised to reflect what was actually said. He made it clear that his position is opposite from what the draft minutes reflected. Commissioner Teglia agreed to revisions. Motion Te2:lia / Second D'Angelo to approve the minutes as revised. Approved by unanimous voice vote. PUBLIC HEARING 3. Costco Wholesale Corporation-applicant Price Company-owner 479 So. Airport Blvd. UPOI-0004 and Negative Declaration NDOI-0004 Denied (Continued from November 7, 2002 with direction to draft Findings of Denial) The proposed project includes the development of an automated self-serve vehicle fueling facility, including 5 pump islands containing 10 gasoline dispensers (20 fueling positions), a pump island canopy, three 30,000 gallon underground fuel tanks, and minor accessory structures on a site located at the southeasterly corner of South Airport Boulevard and Belle Air Road, on property presently developed as overflow parking for the adj acent Costco Wholesale warehouse in the P-C, Planned Commercial Zone District. Assistant City Attorney Johnson reminded the Commission that they could vote in to certify or not certify the Negative Declaration under one motion, and with another deny the project based on the Findings of Denial. Commissioner Teglia noted that the findings in the Negative Declaration are of an environmental nature. He felt that the impacts addressed in the document and the mitigation measure for those impacts were not properly addressed and would not feel comfortable approving the document. Motion Te2:lia / Second Meloni to not certify the Mitigated Negative Declaration. Roll call: Ayes: Commissioner D'Angelo, Commissioner Honan, Commissioner, Meloni, Commissioner Sim, Commissioner Teglia and Chairperson Romero Noes: Vice Chairperson Ochsenhirt Absent: None Abstain: None Motion Meloni / Second Honan to deny UP-OI-0004 based on the Findings of Denial presented to the Commission on November 21,2002. Roll call: Ayes: Commissioner D'Angelo, Commissioner Honan, Commissioner Meloni, Commissioner Sim, Commissioner Teglia and Chairperson Romero Noes: Vice Chairperson Ochsenhirt Absent: None Abstain: None 4. Richard Elmo Haskins-owner Approved S:\Minutes\finalized\2002\11-21-02 RPC.doc Page 2 of 7 Alexandria Real Estate Equities-applicant P02-0042 and Mitigated Negative Declaration MND02-0042 (Continued from November 7, 2002) Project Title: East Jamie Court Office/R&D Project P02-0042 Project Location: Approximately 6.13 acre site located approximately one mile east of Highway 101 via East Grand Avenue, at the southeastern corner of Haskins Way and East Jamie Court. The site is bordered on the south by San Francisco Bay, on the east by the South San Francisco Scavenger Company Materials Recovery Facility/Transfer Station, on the north side ofE. Jamie Ct. by Yellow Freight Trucking, and on the west side of Haskins Way by multi-tenant office/warehouse businesses. (APN 015-102-250) Project Description: Use Permit to construct a two building office/R & D complex on a 6. 13-acre site adjacent to the San Francisco Bay. The project consists of two buildings totaling 133,000 sq. ft.: Bldg. I-two stories over a parking level (57,700 sq. ft.); and Bldg. 2-three stories (75,300 sq. ft.) in the Planned Industrial (P-I) Zoning District. Principal Planner Kalkin presented the staff report. She added that there is a modification to the Engineering Division's Conditions of Approval that has been distributed to the Commission. Steve Richardson, Alexandria Real Estate, noted that City staff has challenged them on the site design and they have in turn worked hard to meet the City's high standards. Public Hearing opened. There being no speaker the Public Hearing was closed. Commission discussion with applicant: They felt that they needed more detail such as a material board, a color board, and more detailed drawings. Commissioner Sim asked for an overview of the design of the project. Niall Malcolmson, Dowler Gruman Architects, gave a detailed description of the materials used on the buildings and the entryway. He added that the stair tower elements were triangular and were changed from their previous rectangular shape at the direction of the DRB. Commissioner Teglia was concerned with rusting of the metal and pointed out that there is some rusting on other properties bordering the Bay. He questioned if there were options to metal. Mr. Malcolmson noted that the material being used is very durable and many problems due to corrosion would not occur with the proposed materials. Vice Chairperson Ochsenhirt asked for clarification about the open-air garage. Mr. Malcolmson noted that it allows for natural ventilation on two sides and will not require mechanical ventilation. Commissioner Honan was concerned with the size of the buildings and the lack of parking spaces. She recognized that a TDM program has been developed for this site, but pointed out that the TDM program has not been proven to work in the City and asked what the procedure for the review is. Principal Planner Kalkin stated that staff is comfortable with the parking ratios that have been approved in the past and staff has not encouraged an overabundance of parking. She noted that the Institute of Transportation Engineer (ITE) Standards indicate that the parking at office buildings would be 2.79 spaces per 1000 square feet even without TDM measures, and ITE suggests a lower ration R & D. Projects have different requirements for the types of TDM programs due to FAR requests. An increase in FAR S:\Minutes\finalized\2002\11-21-02 RPC.doc Page 3 of 7 requires a higher level ofTDM measures and increased monitoring. Projects such as this one, with .5 FAR, are required to do annual surveys and a full parking review every three years. If the program is not met additional TDM measures can be implemented. The Commission discussed the TDM programs and concern with a potential lack of parking in the East of 101 area. Some Commissioners noted that the TDM programs work to reduce trips to the East of 101 area. Chairperson Romero felt that the setback of 10 feet on East Jamie Court was inadequate because this is the primary entrance, rather than Haskins. He noted that Haskins has a 20-foot setback and that these requirements should be reverted. H pointed out that the landscaping at the entryway needs to be enhanced. Principal Planner Kalkin noted that by definition of the zoning code, on a corner lot, the shorter street frontage is defined as the front of the lot. Commissioner Teglia would like to see a landscaping plan return to the Commission and felt comfortable with the setbacks as they are. He added that there needs to be substantial landscaping on the Bay trail. Commissioner D'Angelo noted that if there is not going to be retail in the building this will create traffic because employees will have to go out to eat. Vice Chairperson Ochsenhirt noted that the TDM plan can include various City programs, including the downtown Dasher program, available for those in the East of 101 area to help ease this concern. Chairperson Romero asked what type of trucks are going to be going to the building and can the loading docks accommodate that site. Mr. Malcolmson noted that they would be bobtail type of trucks. Development Review Coordinator Harmon noted that this would be reviewed in final design stage with regard to turning radius' and the type of trucks that would be used. Motion Te2:lia / Second Meloni to approve ND-02-0042 and P02-0042 with the additional condition that the applicant return with a more detailed landscape plan and a color and materials board. Approved by unanimous voice vote. Recess called at 8:30 p.m. Recalled at 8:53 p.m. 5. General Plan Housing Element Update City of South San Francisco-owner/applicant Citywide P02-0021 and Negative Declaration ND-02-0021 Approved Recommendation that Planning Commission recommend that the City Council adopt the Negative Declaration and adopt the South San Francisco General Plan Housing Element Update. Chief Planner Sparks noted that the Housing Element is a General Plan Element and is mandated and reviewed by the State Department of Housing and Community Development to find that it complies with State Housing Element Law requirements. The process is technical but it works to the City's advantage in that a non certified element can stop development. The Housing Element has to be consistent with the rest of the General Plan and the City's Housing Element meets that requirement. It also meets the ABAG housing allocations. Senior Planner Lappen gave a PowerPoint presentation. The presentation summarized the state Housing S:\Minutes\fmalized\2002\11-21-02 RPC.doc Page Lt of 7 Element Law, the City's Housing Element review process since August 2002, the State's Housing and Community Development Department review, and listed policies for review and comments. TAPE 2 Assistant City Attorney Johnson noted that the Planning Commission received a memo with regard changes in state law that might have an affect on future project review and approval. She noted that the Commission is constrained by State Law to require a lower density than that which has been approved in the General Plan and the General Plan Housing Element. She added that second residential unit law has been amended to eliminate the discretion of the City to require a conditional use permit. It requires that residential second units be approved ministerially and this change will need to be reflected in the Zoning Ordinance update when it goes before the Commission and Council. Public Hearing opened. Mr. Mason, 10 Arlington Drive, noted that setbacks are being reduced more and more each year and questioned ifhe can build in the rear of the lot. Chief Planner Sparks noted that he would respond to Mr. Mason's question after the meeting. Assistant City Attorney Johnson clarified that although residential second units are now considered ministerial, the changes in state law have not taken away the requirements authorized by state law, such as, setbacks and parking requirements. It only changes the approval process and not the underlying criteria, which they are still required to meet. Commissioner Teglia pointed out that this will be a ministerial approval and the design guidelines need to reflect a project that the City is going to proud. Public Hearing closed. Commissioner Honan asked if tandem parking would be addressed in the Zoning Ordinance. Senior Planner Lappen noted that a policy has been incorporated into the Housing Element that says that second units will be encouraged with special development parking standards. Commissioner D'Angelo noted that the City supported a transit village. There will be 600 units in the future in one area. There will be close to 800 along Mission Road. He felt that this was unacceptable because this will not preserve the area. He also stated that he was not comfortable with approving the Negative Declaration on this element. Chief Planner Sparks noted that high-density development is being considered as close to BART as possible. Twenty percent of those units are required to be below market rate units. Commissioner D'Angelo noted that half of the Housing Element would be going in the el Camino Real Corridor. Chairperson Romero noted that it is disturbing to see the amount of development going into one area. The fact of the matter is that the City has to meet a certain number of affordable housing that provides a means for those not making a significant amount of money to be able to have a place to live. It means affordable housing, which will help those that want to stay in this area and not force them to move away. Many areas are identified, as underutilized size and the City will probably need to encourage owners to redevelop their sites. Commissioner Teglia noted that the Commissioners concerns are valid and pointed out that Policy 1-9 which talks about maximizing development without impacting existing neighborhoods or creating conflicts with industrial operations. He was concerned that the City does not have the latitude for proper planning and the City's discretion is gone. The character of the City would be lost. It is important to put higher density near BART. Policy 1-9 gives the Commission leeway in considering those impacts. He noted that the BART station in San Bruno abuts to South San Francisco and this could be considered for S:\Minutes\fmalized\2002\11-21-02 RPC.doc Page 5 of 7 high density. He asked where the City is being constrained on the Housing Element. There needs to be a transition between low-density developments to a high-density development. There are issues with rehabilitation tied to only one area, such as, depressing the area to the point of deterioration. There has to be a consideration for market rate income that will pay for low and market rate income that will pay for the services and infrastructure. Chief Planner Sparks replied that the State would constrain cities more and more. Any policy is subject to interpretation. There does appear to be internal consistency. Human enterprise will affect the surroundings. The State clearly is moving in direction of removing City discretion with housing. Short answer is constraints are developing and are largely beyond the City's control. Assistant City Attorney Johnson noted that the Council and Commission are not prohibited in reducing a density that has been permitted under the General Plan Housing Element. It means that in order to reduce such density, the Council and Commission have to make specific findings that these bodies have not had to make before and are increasingly difficult to make. An example is that if a particular site has been identified in the Housing Element as a high density site and the density is reduced, the governing body needs to identify other suitable sites that can accommodate additional residential units in order to remain consistent with the Housing Element. Commissioner Teglia asked if the San Bruno BART station area could be designated for future redevelopment. Chief Planner Sparks noted that the problem with the BART station is that it is right below the take-off pattern and reduces its suitability for housing. Commissioner Meloni noted that the City has to meet the numbers mandated by the State. Staffhas done an excellent job with this document because it is not an easy task. He added that the Commission can require real class development. Vice Chairperson Ochsenhirt noted that the character of the City is being changed and evolving with time. Commissioner Sim pointed out that cities need to grow and change. He added that insurance has been difficult to obtain for condominium project which are high density projects and asked Assistant City Attorney Johnson if this impacts the City's decision on whether these projects will be built out or not. Assistant City Attorney Johnson noted that condominiums have been viewed as the alternative to single family home to achieve the desired density and affordability. Assistant City Attorney Johnson clarified whether Commissioner Sim was referring to the construction defect litigation that had, in the 80' sand 90' s, been prevalent. The construction industry suffered tremendous liability to the point that it became infeasible for developments to construct condo developments for financing and insurance purposes. However, changes in recent years have limited the exposure of developers such that it is becoming a more viable option. Motion Te2:lia / Second Ochsenhirt to recommend that the City Council approve the Mitigated Negative Declaration and the Housing Element. Approved by a 6-1-0 vote with Commissioner D'Angelo in opposition. ADMINISTRATIVE BUSINESS 6. Items from Staff S:\Minutes\fmalized\2002\11-21-02 RPC.doc Page 6 of 7 Chief Planner Sparks noted that the Council reorganized on November 20,2002 and Pedro Gonzalez was selected as Mayor and for Mayor Pro-tem it was Karyl Matsumoto. He added that the School District formerly appealed the Bingo denial. Assistant City Attorney Johnson pointed out that she had been with the City for two years. The Commission congratulated her on her second year anniversary with them. Chairperson Romero congratulated Mayor Gonzalez and Mayor Pro-tem Matsumoto. 7. Items from Commission Commissioner Meloni asked if TDM yearly reviews were being done. Chief Planner Sparks noted that staff is negotiating with the Alliance to formalize the process and annual reviews were not being done. Commissioner Meloni asked that a report be given to the Commission at the next meeting. Commissioner Teglia noted that the Commission has had conversations on increasing the development quality that is required by the Commission. He wanted staff to find a way to communicate this to developers. He added that there could be a checklist for applications and that there could be a reminder list for them. Chief Planner Sparks noted that staff has been making significant progress along these lines. At this moment some applicants have been perturbed because they have not been before the Commission and it is because they do not have a good application. Commissioner Sim noted that the Design Review Subcommittee had the opportunity to attend the Design Review Board meeting. There was a lot of interaction between the Board and the Commission and he commended the Board on the work that they are doing. Chairperson Romero noted they are doing a great job. They give good guidance on what is acceptable. The Commission wished everyone a happy Thanksgiving. 8. Items from the Public None 9. Adjournment 10:08 P.M. Motion Honan / Second Te2lia to adjourn the meeting. Approve by unanimous voice vote. ~C~~ Thomas C. Sparks Secretary to the Planning Commission City of South San Francisco t?~rz~v William Romero, Chairperson Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting December 5,2002, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA TCS/blh S:\Minutes\fmalized\2002\11-21-02 RPC.doc Page 7 of 7