Loading...
HomeMy WebLinkAbout01-20-2005 Minutes c<>'t\\ SAAr.A ~ C:).)'II'k"'>~'1--k o ...... ,_c~-' . () ....H.(.... ,,'.... -. ','<.'Ilil'. '1111' (fl ~ ..... -.,:1 - "'{.."..,,,. ~- () ,9'~.~O ....J~-~ --.:':c_. ,c-..~....~"'SiW- 0~~ 4lIFOR~\. MINUTES January 20, 2005 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER I PLEDGE OF ALLEGIANCE ROLL CALL I CHAIR COMMENTS TAPE 1 7:30 D.m. PRESENT: Commissioner Giusti, Commissioner Honan, Commissioner Sim, Commissioner Romero, Vice Commissioner Zemke and Chairperson Teglia ABSENT: Chairperson Ochsenhirt STAFF PRESENT: Planning Division: Thomas C. Sparks, Chief Planner Steve Carlson, Senior Planner Bertha Aguilar, Admin. Asst. II Kimberly Johnson, Senior Assistant City Attorney Peter Spoerl, Assistant City Attorney Dennis Chuck, Traffic Engineer Mark Raffaelli, Police Chief Sergeant Alan Normandy, Planning Liaison Bryan Nisewonger, Acting Assistant Fire Marshall Tom Carney, Code Enforcement Officer City Attorney: Engineering Division: Police Department: Fire Prevention. Vice Chairperson Teglia noted that Chairperson Ochsenhirt was absent due to his father-in-law passing away. He noted that the meeting would be adjourned in Don Lindsay's honor. AGENDA REVIEW No Changes ORAL COMMUNICATIONS None CONSENT CALENDAR 1. Britannia East Grand Master Plan Development Agreement Britannia East Grand Cherokee San Francisco LLC-owner Slough Estates-applicant 450 East Grand Ave.-Easterly terminus of East Grand Avenue (former Fuller O'Brien site) Continue to February 3, 2005 Britannia East Grand Master Plan Development Agreement 1) Annual review of Development Agreement. 2) Proposed modifications to Development Agreement to: a) Extend the term of the agreement; b) Extend the dates for completion of the sewer main and pump station improvements, the child care center, and the public art; c) Allow issuance of required letter of Credit to be delayed until underlying work is begun. 2. East Jamie Court Office R&D Alexandria Real Estate Equities - Owner & Applicant Corner of East Jamie Court & Haskins Way P02-0042, UP-02-0042 & MND-02-0042 One-year time extension to December 21, 2005 of Use Permit approval to construct a two building office/R&D complex on a 6.13-acre site adjacent to the San Francisco Bay in accordance with South San Francisco Municipal Code Section 20.81.090. The project consists of two buildings totaling 133,000 sq. ft.: Bldg 1- 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. Planning Commission Meeting of January 20, 2005 Motion Sim I Second Zemke to approve the Consent Calendar. PUBLIC HEARING 3. Christy's Bar & Grill Christina Lee, applicant Satya Narayan, owner 309 Airport Boulevard UP-96-090 Continued to February 3, 2005 Evidentiary Hearing to revoke Use Permit allowing karaoke and live music until1AM at an existing cocktail lounge in the Downtown Commercial (D-C) Zone in accordance with SSFMC Sections 20.26.060(a), 20.26.030(c) and Chapter 20.91. Sergeant Normandy read the Staff Report. Ken Sato, representing his wife - owner of Christy's Bar & Grill, responded to the comments listed in the Staff Report. . Assault with a deadly weapon: That is an unfortunate situation which they do not want to occur. They have had the bar since 2001 and have not had any problems since then. They did have a party that evening and there was one person, and later found out it was a member of the Cypress gang, who has been in trouble before. This was his first time there. He struck a guest from out of town that was visiting the bar. The Police Department and Paramedics went to the bar. He found out who this individual was and the person can no longer enter the bar nor their friends. They do not want any trouble at their bar. They try to comply with all the requested requirements. When they got the bar the entertainment license or permit was grandfathered in. He was not aware of any acoustical testing that should have been done. This was only brought up after the assault incident in 2003. He noted that they did the acoustical testing without first checking if the acoustical test had been done. He noted that the Planning Division lost the records for the permit issued in 1996. the first acoustical study was not acceptable and was told that modifications were necessary to comply. They had another acoustical study done and it was approved. . Party in excess of 100 persons: He noted that the event was for February 28, 2004. The customer had planned a welcome home party for her daughter, a Daly City Police Officer, returning from military duty from Iraq. They were informed that it would be 30-40 people. They did not do any of the advertising. The client did it herself and that is when Sergeant Normandy came to us. He told us about the dance hall permit and that they would be exceeding the 50 persons max capacity. They informed the person in charge of the party that they would need to apply for a permit if they wanted to have the party. They did apply and it was not approved. . Karaoke sign: The sign was up since 2002 and was not recently erected. It was put up by the previous karaoke operator a couple of years before. He had forgotten the sign was up and when Lieutenant Thane informed Sergeant Normandy, he was contacted and told to take the sign down which he did do. He does not know who drove by and said the sign was not taken down but the sign was removed at 4:00 p.m. that day. . September 25th large crowd in the front of the bar: There were 1- or 15 people outside that were smoking. He instructed the customers to smoke out on side patio so as not to impede the sidewalk per the Police Department's request and they continue to instruct their customers this way. . Cover Charge: He was not aware at the time of the cover charge restrictions. He noted that they were closed by 2:00 a.m. The only people left in the bar were those cleaning up and moving out the equipment. They close at 2:00 a.m. and on Thursdays and Fridays they close at 1:30 a.m. . October 2 incident: The people wanting to throw the activity had lead them to believe that it would be a karaoke contest. As the evening progressed he realized it was not true and that it was not something his family wished to entertain. He immediately shut the party down. This is when the officers came to the bar and helped them disperse everyone. The marijuana smoke may have been one of the reasons the party was shut down. They do not want to have any large events where they are required to have a dance hall permit, or will draw potential problems. He noted that they don't need these problems and neither does the City. They wish to keep their permit so they may entertain small birthday parties once or twice a month, and continue to provide some musical activities for the customers from the biotech industry. They like to come in on Thursday or Friday S:\M,,,,,,tes\F,,,,~L,zev\ M'","tes\:2005\O:L-:20-05 RPC.,v\oc p~ge :2 of b Planning Commission Meeting of January 20, 2005 afternoon and sing until about 10 p.m. There was confusion on asking Sergeant Normandy on the cover charge. He added they do have a customer, Leo Padreddi, who has given them advice. They do not mean to disobey or disrespect any of the regulations that the Use Permit has. Public Hearing opened. Mr. Sato showed the Commission a letter sent to Senior Planner Carlson and a copy of the permit number and description assigned by the Planning Division. Morris Irving spoke in favor of Christy's bar. He noted that he lives at the site and has not had a problem with the noise in the one year he has lived there. He added that the freeway and the trucks going by cause more noise than the music from the bar. He pointed out that Police Department has probably had to respond to the tenants' homes for violence rather than to the bar for noise. Assistant City Attorney Spoerl asked that the Commission continue action on the item to allow him to revise the Findings of Denial and include the testimony received at the meeting. Senior Assistant City Attorney Johnson added that it is appropriate for the Commission to discuss their feelings on the matter for incorporation in the Findings of Denial. Public Hearing closed. Commissioner Honan noted that she encourages small businesses in the City but if a business owner wants to run a business, they must understand what the Use Permit entails. She stated that if the owner of the bar wishes to operate a business in the City of South San Francisco they must understand the Use Permit requirements. She noted that the applicant stated he did understand the Use Permit when he does not. She further noted that when an applicant ties the Commission's hands it is difficult to have them keep their business and or use permit. Vice Chairperson Teglia asked staff to verify that the revocation of the Use Permit would not shut down the bar but only eliminate the karaoke and live music. Chief Planner Sparks replied that this was correct. Vice Chairperson Teglia noted that under the circumstances it is difficult for the applicant to operate under the Use Permit. He asked if the Permit was revoked would the applicant does an opportunity in the future to reapply for this permit again? Chief Planner Sparks noted that this was not a revocation with prejudice and the applicant could apply for a Use Permit in the future. Motion Sim I Second Giusti to continue Evidentiary Hearing to revoke Use Permit UP96-090 to February 3, 2005 to allow the City Attorney's office to revise the Findings of Denial. Approved by unanimous voice vote. 4. Silvestri Family/Owner and Applicant 151 So. Linden Ave. P04-0138: UP04-0037 & DR04-0080 Use Permit allowing outside storage racks for concrete garden vases and ornaments with a maximum height of 12 feet and a 12 foot tall fence along South Linden Avenue, Cultural Arts In-lieu Fee Contribution allowing a landscape area of 2,412 square feet instead of the required minimum of 4,356 square feet and Design Review of outside storage racks for concrete garden vases and ornaments, a 12 foot tall fence, revised parking areas and landscaping at 151 South Linden Avenue in the Industrial Zone District (M-I) in accordance with SSFMC Chapters 20.30 and 20.101. Senior Planner Carlson presented the staff report. Bill Mahar, Architect, noted that they are replacing a fire damaged building. He asked the Commission to consider vertical landscaping along the property to be counted towards the Cultural Arts In-Lieu fee and lower their contribution. Public Hearing opened. S:\M,,,,,uteS\F,,,,,~l,zec\ M,,,,"utes\::2005\01. -::20-05 RPG,c\OC 'P~ge 3 of b Planning Commission Meeting of January 20, 2005 Alfeo Silvestri, owner, noted that their business has been in South San Francisco for 15 years and wants to be able to reopen for business. He noted that there will be more parking created than is needed on his property because most of his employees bike to work. Public Hearing closed. Commissioner Sim asked if the vertical landscaping could be included as the landscape requirements. He asked if the applicant was willing to go with staff's recommendation and pay the in-lieu fee. Mr. Mahar noted that they were in accordance with staff's recommendation. Senior Planner Carlson noted that some jurisdictions have considered similar standards such as tree canopies toward the landscape requirements but South San Francisco has not. Commissioner Giusti asked if the outside storage would be anchored. Mr. Mahar noted that they would be leveled and anchored for the worst-case scenario. Commissioner Zemke noted that there is congestion in the area and there is more parking needed. Motion Sim I Second Giusti to approve P04-0138: UP04-0037 & DR04-0080. Approved by unanimous voice vote. Recess called at 8:14 p.m. Recalled to order at 8:23 p.m. s. Charles K. Ng/applicant Charles K. Ng/owner 111 Chestnut Ave. P02-0020: AHA02-0001, RZ-02-0002, SA02-0001, PUD02-0002 & ND02-0002 Rezoning of the property from Medium Density Residential (R-2-H) to High Density Residential (R-3-L), Tentative Subdivision Map allowing 8 parcels and common area, Planned Unit Development and Design Review allowing eight new dwelling units, smaller lots than the minimum requirement of 5,000 sq ft, reduced minimum required setback and a parking rate of 2.25 per dwelling unit, and an Affordable Housing Agreement for the property located at 111 Chestnut Avenue in the Medium Density Residential (R-2-H) Zoning District in accordance with SSFMC Title 19 and Chapters 20.78, 20.85, 20.87 & 20.125 Senior Planner Carlson presented the staff report. Simon Kwan, architect, noted that they have redesigned the project and took into consideration the concerns of the neighborhood. He gave a PowerPoint presentation with computer-simulated movie to show the Commission the design and architecture of the project. Public Hearing closed. There being no speakers the Public Hearing was closed. The Commission was concerned with the flat roofs. Mr. Kwan noted that there was a variation of flat and pitched roofs. Senior Planner Carlson noted that the Commission was previously concerned with the height of the structure and this is why the pitch was lowered in the new design. Vice Chairperson Teglia was concerned with the use of the Planned Unit Development application. Senior Planner Carlson noted that the site is designated high density residential in the General Plan and the developer could put up to 14 apartments on the site with less parking and a bulkier building. The developer has chosen to propose only 8 units and increase the parking on the site to 3 spaces per unit. He added that if the developer chose to return with 14 units there would not be a Planned Unit Development application on the site because they would not be asking for any exceptions. Vice Chairperson Teglia asked if a there could be a bedroom removed and therefore reduce the massing of the s:\MlV\.utes\FlV\.Clllzecl MlV\.utes\:2005'Oi-:20-0S RPC,clot PClge 4 of G Planning Commission Meeting of January 20, 2005 project. Senior Planner Carlson noted that this was difficult because the ground floor is taken up by the parking spaces. Commissioner Honan noted that there is a lack of barrier in the play area and this could cause an accident if children went beyond the play area. Senior Planner Carlson noted that the Commission could include a Condition of Approval to have a fence. Commissioner Honan was not comfortable with the project design and felt it was square and boxy. Mr. Kwan noted that the previous design had more curved elements, which were not well received by the Commission. He noted that this was the reason for the straight-line approach. He added that they are exceeding the guest parking and if the Commission would like a larger play area some guest spaces could be removed. Commissioner Romero noted that there are two spaces parking per unit. He pointed out that there are no driveway aprons and there is limited street parking. He was concerned with cars parking in the common area or on City streets due to lack of parking spaces. Mr. Kwan noted that they have one parking space per bedroom as per previous discussions with the Commission at prior meetings and have 3 spaces per unit. Senior Planner Carlson noted that for town home development 4.25 is the required parking but for a small lot s infill development like this the parking requirement would be that of what an apartment building requirement of 2.25 spaces. He noted that this development is at 3spaces per unit. Vice Chairperson Teglia pointed out that the parking is going to be difficult because the City also had plans to eliminate the parking on one side of Chestnut. He asked what the Commission could do if the site was not rezoned from R-2 zoning to R-3. Senior Planner Carlson noted that the area has been rezoned on a project-by-project basis but the General Plan does not show a reduced density along the lot frontage of Chestnut. Commissioner Romero asked which document takes precedent if they are in conflict. Senior Planner Carlson noted that the General Plan because the zoning code is an implementation measure of the General Plan. Vice Chairperson Teglia noted that the project is out of character with the neighborhood. He pointed out that the project is better than what the Commission has seen in previous designs. He noted that the height and parking of the project are main consideration items. Senior Planner Carlson noted that the developer has to see if they can have 2 bedroom unit homes and this becomes a marketability issue. Commissioner Honan asked if the box like design could be changed because it does not fit in the neighborhood. Commissioner 5im asked that the architect show what he has done to the design to break the box like look. Mr. Kwan noted that the buildings in the area. Mr. Kwan noted that he buildings in the neighborhood are all plain. He added that he used a combination of gable and pitch roof to add some design to the buildings. He added that he prefers this proposal rather than a high-density project. Commissioner Honan asked that one of the full bathrooms be turned into a half bathroom to prevent too many people from living in the home. Mr. Kwan noted that this could be included into the Conditions of Approval. Robert La Rocha pointed out that the tiny tot lot is secluded from the front of the parking area with hedges. He added that a fence can be included if the Commission felt it was necessary. Commissioner Honan asked that the tot lot be redesigned. Commissioner Romero noted that units 4, 5 and 6 are nice but 2 and 3 appear to be miniature apartment buildings. He added that some improvements have been made to the design and pointed out that tandem parking can add the extra parking space. He noted that the design and parking need to be addressed by the applicant. Chief Planner Sparks noted that the Commission still has concerns on the project and asked if they could create a subcommittee to address some of the Commission's issues. Chairperson Teglia appointed Commissioner Sim, Commissioner Romero and himself to the 111 Chestnut subcommittee. Motion Giusti I Second Zemke to continue the item off calendar. s:\Mi""",tes\Fi",,~lizeci Mi,,,,,,,teS\;:2005\01. -20-05 RPc,cioc p~ge 5 of '" Planning Commission Meeting of January 20, 2005 ADMINISTRATIVE BUSINESS 6. Items from Staff Chief Planner Sparks noted that the City Council will be holding a second round of interviews for the boards and Commissions vacancies on January 25, 2005. He added that he put a hold on the building permit for an addition on Park Way, which a concerned citizen brought to the attention of the Planning Commission. He pointed out that the Design Review Board looked at it and the design will undergo some changes. 7. Items from Commission None 8. Items from the Public None 9. Adjournment 9:47 P.M. Motion Zemke I Second Sim to adjourn the meeting in Don Lindsay's honor. Approved by unanimous voice vote. o as C. Sparks Secretary to the Planning Co City of South San Francisco (! ,.. Marc C. Teglia, Vice Chair Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting February 3, 2005, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA TCS/bla s: \Mlvcute$\Flvc~ llzeli Mlvcute$\2005\D1. -20-05 RPc,lioc p~ge b of b