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HomeMy WebLinkAbout07-01-2004 Minutes ~~\\ SA^, P. ~O ~rt' ~'1 ~ ....r..>.~W6 \.. ~ o .. . '."' () ~fi~o-' E-o 17'f~I"~lHliutil '" _!I I ,.,,1,., ," ,1,,'_ (') u~ ~:o -_.__...~. ~"j."r~iJ ~...,;;..~ (>4i;~'\~ MINUTES July 1, 2004 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER / PLEDGE OF ALLEGIANCE ROLL CALL / CHAIR COMMENTS TAPE 1 7:30 D.m. PRESENT: Commissioner Honan, Commissioner Sim, Commissioner Romero, Commissioner Zemke, Vice Chairperson Teglia and Chairperson Ochsenhirt ABSENT: Commissioner Giusti (excused) STAFF PRESENT: Planning Division: Thomas C. Sparks, Chief Planner Susy Kalkin, Principal Planner Patricia Cotla, Office Specialist Kimberly Johnson, Assistant City Attorney Richard Harmon, Development Review Coordinator Maurice Dong, Assistant Fire Marshall City Attorney: Engineering Division: Fire Prevention. AGENDA REVIEW No Changes ORAL COMMUNICATIONS Dan Shattuc, 111 Belmont Avenue, asked for the following information: . A map of major and minor fill and drainage failures in the Terrabay Phase II project. . A status report on the inspections and requirement fulfillment of the Mitigation Measures for Terrabay Phase II. Chairperson Ochsenhirt noted that the Commissioner Zemke's mother passed away on Monday but was present at the meeting. He added that Commissioner Giusti was absent due to her husband's sudden death last Friday. CONSENT CALENDAR 1. Approval of Regular Meeting Minutes June 17, 2004. Motion Honan / Second Romero to approve the Consent Calendar. Approved by majority voice vote with Commissioner Sim abstaining. PUBLIC HEARING 2. Project 101/Huntsman Architectural Group-Applicant Elbert Bressie/David Bressie-Owner 600-790 Dubuque Ave. (APN 015-021-090 and SBE 135-41-14 PAR 1) UP, VAR, TDMP, DR-00-024 and MND-00-024 Continued off Calendar (Continued from June ~ 2004) Mitigated Negative Declaration assessing environmental impacts associated with the proposed project, in accordance CEQA. Use Permit allowing a multi-tenant mixed-use commercial center comprised principally of office and R&D with commercial uses generating in excess of 100 average daily vehicle trips, with 24 hour operation and off-site parking, in accordance with SSFMC Sections 20.24.060,20.74.120 and Chapter 20.81. Variance allowing a reduction in parking from the required parking rate of 3.3 spaces per 1,000 square feet to a Planning Commission Meeting of July 1, 2004 rate of 2.64 spaces per 1,000 square feet in conjunction with a TDM Plan in accordance with SSFMC Chapters 20.82 and 20.120. Transportation Demand Management Plan reducing traffic impacts, in accordance with SSFMC Chapter 20.120. Design Review of a conversion of an existing commercial development from a multi-tenant mixed-use facility comprised primarily of warehouse, distribution, office and retail to a multi-tenant mixed-use facility comprised primarily of office and R&D with commercial, in accordance with SSFMC Chapter 20.85 in the Zone District: Planned Commercial (P-C) Zone District. Chief Planner Sparks presented the staff report. Motion Romero / Second Sim to continue the item off calendar. Approved by unanimous voice vote. 3. Fitness West/applicant Intereal/Elbert Bressie/owner 712 Dubuque Ave. P03-0136/UP03-0025 and Mitigated Negative Declaration MND-00-024 Continued to August 5, 2004 (Continued from June 3, 2004) Use Permit allowing a 24,045 square foot commercial recreation facility with extended hours of operation of 5 AM to 10 PM and off-site parking in the Planned Commercial (P-C-L) Zoning District in accordance with SSFMC Chapters 20.24, 20.74 and 20.81. Chief Planner Sparks presented the staff report. Chairperson Ochsenhirt questioned if the Commission could still use the Mitigated Negative Declaration for the proposed project. Assistant City Attorney Johnson noted that it could be used if it adequately describes the project that is before the Commission but being that the location is different staff needs to determine if the description in the Negative Declaration fits into the project description. Chief Planner Sparks noted that the largest issue with the project is the traffic that is analyzed in larger context, which will cover the small application for Fitness West. Bob McLennan, applicant, noted that a Fitness Center is needed in the East of 101 area and is supported by several corporations. He acknowledged that he went about the project incorrectly and apologized for this mistake. He noted that staff was not in support of the original proposed site at the vacant Office Depot location and then made arrangements to relocate to the rear of the property at the NetClerk site. This relocation has allowed them 32,000 square feet and the ability to add more amenities to the fitness center. He added that in the two leases there was a demolition clause which allows the owner to demolish the site and reimburse Fitness West for the tenant improvements on the site. He noted that the lease has allowed one year for the owner to be able to demolish the site at 720 Dubuque. He pointed out that Project 101 will have a redevelopment and they want to be part of the plan because this is such a needed use in the area. He further noted that parking is an issue but they will work with Genentech to add another shuttle service stop at their location and mitigate traffic issues this way. Public Hearing opened. There being no speakers the Public Hearing was closed. Commission discussion with applicant and staff: Vice Chairperson Teglia noted that the demolition clause may be the incentive that the owner for Project 101 needs to file the redevelopment plan with the City and the a Transportation Demand Management program is a plan that could also be adopted for the Use Permit. This project could attract more businesses and individuals to the area. He added that he is inclined to approve the permit with the proper Conditions of Approval. Commissioner Zemke pointed out that it is a positive use for the area and it is better than having a vacant site. s:\MlvclAtes\Flvc~Llul> MlvclAteS\200-1-\Or-Oi-O-1- RPC.I>Ot p~ge 2 of 5 Planning Commission Meeting of July 1, 2004 Commissioner Sim questioned if the lease agreement with the demolition clause gives the City the comfort level it needs to approve the use in the area. Commissioner Romero asked if the use could be approved and how it would affect future projects. Assistant City Attorney Johnson noted that the lease does not read that it will be terminated but that the landlord can demolish the building. It also does not give the City any rights to require demolition of the building at a certain time. The lease does not prohibit the landlord from submitting a redevelopment plan and once approved demolish the site. Chief Planner Sparks replied that although a Conditional Use Permit can be issued, there can be parking requirement issues with future uses. Commissioner Romero noted that if the Commission approves the proposed project it would impede their ability to approve other projects that could be beneficial to the City. He pointed out that this is a good interim project but is concerned with having to wait several years for Project 101 to return with the redevelopment proposal. Assistant City Attorney Johnson clarified that the redevelopment plan that the project owner is referring to is a revised master plan for the site and that it is not the responsibility of the Redevelopment Agency. Commissioner Sim asked if the use was appropriate for the future redevelopment plan. Commissioner Sim felt that a master plan is still needed for the property. He noted that the applicant needs to work out how the transition will occur while incorporating the fitness center into the redevelopment plan. Chief Planner Sparks noted that there are more desirable uses for the area but they can be accommodated in a smaller facility that is not in a prime location. Mr. McLennan noted that it is easy to relocate a fitness center when it is necessary. Vice Chairperson Teglia noted that the lease guarantees one year at this location and the owner can require Fitness West to leave if a commercial retail use come in to use entire area as well as incorporate Fitness West into the new development plan. Commissioner Honan questioned if this is the only area left to allow big box retail in the City. Chief Planner Sparks responded that it is a prime location. Commissioner Honan and Commissioner Romero felt that the Commission has been waiting for a very long time to improve this dilapidated area and does not feel comfortable approving any use that can compromise the Master Plan. Commissioner Romero added that the owner was aware that a Master Plan needed to be approved but still signed a lease with Fitness West. Vice Chairperson Teglia noted that the Master Plan for Project 101 is market driven and the reality is that this is a good opportunity to have a use at the site rather than leaving it vacant. He added that the General plan calls for recreation uses in the East of 101 and that staff can work with the applicant to approve the project with the appropriate Conditions of Approval Commissioner Honan pointed out that the improvements on the optional site would never be seen because it is in the back. Mr. McLennan noted he is willing to paint the building as an added Condition of Approval. Chairperson Ochsenhirt noted that this is a vibrant and important service oriented business. He referred to the approvals on Bally Total Fitness and Curves to show that the Commission has set a precedent on approving fitness centers in retail commercial areas. He noted that this is a good incentive for the area to be improved. He pointed out that the owner is responsible for resolving the parking issues when they arise. s:\MlvclAtes\Flvc~Llul> MlvclAteS\200-1- \07-0i-O-1- RPC.I>Ot p~ge3 of5 Planning Commission Meeting of July 1, 2004 Assistant City Attorney Johnson noted that the Commission is being asked to deny this application based on the policies outlined in the staff report. She pointed out that if the Commission wants to sacrifice the opportunity of using this site in the future for retail by allowing Fitness West at the site then staff would have to work with the applicant to determine the development of the Master Plan. If the Commission wants to preserve the area for future development of a strong retail corridor the fiscal impact to the City from approving the project would also be basis to deny the proposal. Vice Chairperson Teglia also noted that the corridor can be maintained and this use can be part of the retail use. He noted that the area can become a missed retail use and there may be a balance to the City policy. Assistant City Attorney Johnson replied that this is correct but it will be difficult to deny another application for a similar use in a commercial corridor because a precedent has been set. The Findings have to be project and site speCific to approve the project. If the project is denied the staff report and Findings of Denial are specific enough to differentiate it from other sites. Motion Teglia / Second Zemke to continue the item to August 5, 2004 with direction to staff to draft Findings and Conditions of Approval for the use and to request the property owner to be present at next meeting. Roll Call Vote: Ayes: Commissioner Sim, Vice Chairperson Teglia, Commissioner Zemke and Chairperson Ochsenhirt Noes: Commissioner Honan and Commissioner Romero Absent: Commissioner Giusti Approved by majority voice vote. Recess called at 8:44 p.m. Recalled to order at 8:51 p.m. Commissioner Sim did not return to the dais. 4. Fred Bertetta, Jr./Owner George Corey/Applicant 57 So. Linden Ave. P04-0071, CPD04-0002 & AP04-0003 Continued to August 5, 2004 Appeal of the decision of the Chief Planner to require a Use Permit for a trucking operation at 57 South Linden Avenue in the Industrial (M-1) Zone District in accordance with SSFMC Section 20.80.040. Chief Planner Sparks presented the staff report. George Corey presented several documents to the Planning Commission and noted that the Staff Report is in error. He noted that section 20.97 and 20.40 constitute what a legal non-conforming use is in 1986. He gave a brief history of the uses at the property. He noted that Mr. Bertetta purchased the land and had several tenants in the building within the 6-month window that the zoning code allows for non-conforming uses. He noted that the staff report is incorrect in stating that the building was vacant for many months and staff did not investigate Rogers Trucking and their functions. He added that Mr. Rogers has a resale license and gave the number for the record (SRBH20-609031) and is not a truck terminal as believed by staff. Bruce Lubarsky, representing Fred Bertetta, noted that the Bertetta Family has been conducting business for many years in South San Francisco and was the largest tax paying and employer in this City. He noted that the site has been used for trucking purposes. He noted that Mr. Bertetta's corporation is the legal owner of the site. Chief Planner Sparks noted that there has been new information presented to the Commission, and that the determination of the business as trucking operation was reflected in the business license application. He noted that he was not aware of the wholesale, warehouse or distribution. He asked that the Commission continue the item to allow staff to review the new information. s:\MlvclAtes\Flvc~Llul> MlvclAtes\200-1-\U:r-Oi-O-1- RPC..I>Ot p~ge -1- of 5 Planning Commission Meeting of July 1, 2004 Vice Chairperson Teglia noted that there has been a form of miscommunication because these are well known families. Motion Teglia to continue the item to August 5,2004. Commissioner Honan requested that Tom Carney be present. Mr. Corey noted that there would not be a problem with a continuance. Assistant City Attorney Johnson asked that she be allowed to review the leases specifically the lease for Rodgers Trucking. Second Honan to continue the item to August 5,2004. Approved by unanimous voice vote. ADMINISTRATIVE BUSINESS 5. Items from Staff Chief Planner Sparks noted that the Commission's decision on Habitat for Humanity has been appealed by the neighborhood and has been scheduled for July 14, 2004. He added that both the applicant and neighborhood have appealed the AT&T Avalon Water Tank decision. Vice Chairperson Teglia asked staff to double check if there was a height increase. He noted that in East Palo Alto has a good example of stealthing and suggested that the Commission look at the Ikea store in East Palo Alto. 6. Items from Commission Chairperson Ochsenhirt honored and thanked Richard Harmon for his service in South San Francisco and wished him well in his future endeavors. Development Coordinator Harmon thanked the Commission and noted that it has been a pleasure serving the Commission. Vice Chairperson Teglia thanked Richard for always being present. 7. Items from the Public None 8. Adjournment 9:33 P.M. Motion Teglia / Second Romero approved by unanimous voice vote. Meeting adjourned in memory of Commissioner Zemke's mother and Carlso Giusti's memory. ~~ Secretary to the Planning Commission City of South San Francisco .,t./-. i, / ,~((" l f f, " ~,. Rick Ochsenhirt, Chairperson Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting July 15, 2004, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA TCSjbla s:\MlvclAtes\Flvc~Llzel> MlvclAtes\200-1-\07-0i-O-1- RPC.I>Ot p~ge 5 of 5