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HomeMy WebLinkAbout2008-09-04MINUTES September 4, 2008 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER /PLEDGE OF ALLEGIANCE 7:30 p. m. ROLL CALL PRESENT: Commissioner Oborne, Commissioner Teglia, Commissioner Zemke, Vice Chairperson Giusti and Chairperson Prouty ABSENT: STAFF PRESENT: Commissioner Moore and Commissioner Sim Planning Division City Attorney: Engineering Division: Police Department: Fire Prevention: City Manager: Susy Kalkin, Chief Planner Linda Ajello, Associate Planner Bertha Aguilar, Admin, Asst. II Sky Woodruff, Assistant City Attorney Sam Bautista, Senior Civil Engineer Sergeant Jon Kallas, Planning Liaison Dennis Rosaia, Code Enforcement Officer Marty Van Duyn, Assistant City Manager CHAIR COMMENTS Chief Planner Kalkin noted that Commissioner Moore was out of the country tending to a death in the family. AGENDA REVIEW Chief Planner Kalkin pointed out that staff will not provide an update on item #4, 648 Commercial, and will have one in a Future meeting. She added that the clerk has requested that the Commission speak into the microphone due to a new recording system ORAL COMMUNICATIONS Rita Fontana representing the owners of 652 Commercial noted she was speaking on 648 Commercial. Staff noted that they would hear her comments when the item was called. CONSENT CALENDAR 1. Approval of meeting minutes of December 6, 2007, February 7, 2008, April 19th and August 7, 2008. Vice Chairperson Giusti noted that the December 6th minutes, specifically the adjournment section, needs to be corrected since the Commissioners that made the motion and second are also shown as being absent on the following sentence. Clerk Aguilar clarified that the motion is correct but the Commissioners shown as being absent are incorrect and will be corrected in the final set of minutes. Motion Teglia /Second Prouty to approve the Consent Calendar with corrections to the minutes. Approved by unanimous voice vote. Commissioner Teglia asked that staff make every effort to bring all the minutes up to date Planning Commission Meeting of September 4, 2008 PUBLIC HEARING 2. Downtown Sidewalk Seating Ordinance 8 Guidelines The City of SSF/Applicant Downtown Zone District P08-0055: ZA08-0005 Amendment to SSFMC Chapters 20.06, 20.26 and 20.74 to provide for sidewalk seating in the Downtown Commercial Zone District in conjunction with restaurants or other businesses selling food and/or beverages, and related guidelines for sidewalk seating. Public Hearing opened. Associate Planner Ajello presented the staff report. Commissioner Oborne questioned if the City would be held liable for personal injury cases on the encroachment granted by the City. Assistant City Attorney Woodruff clarified that if the injury is caused by the restaurant's encroachment on the right-of-way the liability would be incurred by the restaurant. He added that if there was negligence on behalf of the City to maintain the sidewalk the City would then be liable. He informed the Commission that the business seeking outdoor seating would have to indemnify the City and provide insurance to cover the liability. Public Hearing closed. Vice Chairperson Teglia was pleased with the proposed change and noted his concern with enforcement and liability. He was especially concerned with dining being allowed on the curb and suggested that all dining be directly adjacent to the building allowing the right of way to remain clear. He pointed out that enforcement is an issue on Grand Avenue and cited the Outdoor Produce Display guidelines as an example of the last zoning change in the downtown area. He pointed out that there is only one outdoor produce Use Permit on Grand Avenue, which is in violation and there is one use that has outdoor display without a Use Permit. He questioned if there were resources available to enforce outdoor dining, outdoor display, sign issues and other downtown issues. He requested a review of the resources to accompany the Commission's recommendation. Commissioner Prouty noted that some of the areas in San Francisco where dining is allowed at the curb have a 2 foot setback and the sidewalk is about 15-20 feet wide. Commissioner Oborne added that parallel parking is not allowed in the San Francisco locations. Commissioner Prouty noted that some South San Francisco businesses have recessed store fronts and can accommodate outdoor dining but will have to be looked at on a case-by-case basis. He felt that relying on code enforcement may not work because of the limited staff. He noted his excitement for the proposed zoning text amendment. He stated that having a one year permit is ideal and if there are violations the permit can also be revoked. Vice Chairperson Teglia asked that Commissioner Prouty clarify if he is favor of dining on the curb or having it be against the building. Commissioner Prouty replied that the permits should be looked at on a case-by-case basis and if the sidewalk is wide enough for dining at the curb, it could be allowed, but if it seems that it may not work it should not be allowed. He added that it makes more sense to have dining against the building but there are some pockets along the Grand Avenue sidewalk that could allow for curb side eating. Commissioner Oborne suggested that the Commission could require a minimum setback to control where on the sidewalk the outdoor dining can be located. Vice Chairperson Teglia also suggested allowing the Zoning Administrator to approve these types of uses as long as they are located adjacent to the building but if the business wants to provide dining on the sidewalk near the curb, a use permit would be triggered. Commissioner Prouty noted he was in favor of Vice Chairperson Teglia's recommendation. 5:\Mi,v~.utes~~iv~.ali7.ed M~wutes~2oos~~n9-o4-oA Rpc rnCwutes.doc Pagezof s Planning Commission Meeting of September 4, 2008 Commissioner Zemke agreed with the Commission's comments. He questioned if trash receptacles requirement would apply to both table and self service eating establishments. He was concerned that a self service establishment that would be using disposable serving materials would generate trash along Grand Avenue. He suggested that the owner should be required to clean their tables and not rely on the customers to clean them. Commissioner Oborne recalled seeing a requirement to have these items removed as soon as possible. Commissioner Prouty, Commissioner Oborne and Commissioner Zemke discussed if the trash receptacles were being provided by the City or if the business owner will have to provide them to which Chief Planner Kalkin replied that this is an individual receptacle For the establishments and the eating establishment is responsible for maintaining a clean site. Commissioner Zemke noted that there is a lot of lunch traffic in the downtown area and the extra seating will be useful. Vice Chairperson Teglia suggested that those businesses with outdoor seating have reasonable recyclable plastics or use the same serving materials used inside the establishment outside to minimize the trash generated. Commissioner Prouty suggested creating a fee, specifically targeting the businesses that generate trash, to have funds to clean the streets. Motion Teglia /Second Oborne to approve resolution 2675-2008 recommending that the City Council approve P08- 0055: ZA08-0005 with the following recommendations: • That eating utensils and plates be the same for both the inside and outside dining • That outdoor dining proposed to be located adjacent to the curb be subject to Planning Commission review. On the question Commissioner Prouty asked Vice Chairperson Teglia to clarify that the utensils and plates do not include fly away trash. Vice Chairperson Teglia noted that the utensils could be regular plates or some sort of basket or reusable material the establishment uses. Chief Planner Kalkin noted that her understanding is that the Commission's desire is to use the same serving items inside and outside Chairperson Giusti stated that the responsibility falls on the business owner to clean up the property. Commissioner Oborne questioned if it was also the business owners responsibility to maintain the curb and the area adjacent to the curb. Chief Planner Kalkin noted that there is an entire section dedicated to maintenance on the ordinance. She read a portion of the ordinance that requires the owner or permittee to remove any stains from the sidewalk to the satisfaction of the Public Works Director. Ayes: Commissioner Oborne, Commissioner Zemke, Commissioner Prouty, Vice Chairperson Teglia and Chairperson Giusti Noes: None Abstain: None Absent: Commissioner Sim, Commissioner Moore Approved by roll call vote 3. Update on 160 Produce Avenue P06-0088: PUD07-0003, UP06-0020 & DR06-0072 Chief Planner Kalkin gave a brief overview of the status on 160 Produce Avenue and noted that the applicant appears to be moving forward, but if not staff will bring the item before the Commission in late October. 4. Update on 648 Commercial Avenue Rita Fontana, representing the owners of 652 Commercial, noted that the issue of discrepancies between Mr. Dominguez' and Mr. Arata's site survey came up at the previous meeting to which staff said that the City Engineer would have to reconcile the discrepancies on the map and due to the lack of monuments in this area this may s:~MLwutes~Fiwal~zed n.~iwutes~2oo8~oy-o~-o8 RPC Ntw~.utes.dac page. of .5 Planning Commission Meeting of September 4, 2008 prove to be difficult. She added that Mr. Arata double checked his work and added information to the map. She noted that after delivering a new survey to Associate Planner Beaudin, she received an a-mail noting that after staff reviewed the surveys, which do not appear to be in conflict, each survey reflected the boundary and building location for the property it was prepared for and that both surveys used the same markers. She added that Associate Planner Beaudin's a-mail noted that the fence location appears to be a neighbor issue and not a City issue. Ms. Fontana stated that this was correct but the fence is 8-14 inches on her parents' property and the surveys intent was to identify the location of the property line. She noted that in her conversations with Mr. Arata it appears that City staff is interpreting the map under the assumption that the points shown are the same on both maps but the points are not the same and the issue remains because the interpretation is not correct. Commissioner Prouty asked Mrs. Fontana if the information she was presenting to the Commission was as of yesterday to which Ms. Fontana replied affirmatively, and added that the revised map was delivered to Associate Planner Beaudin the previous day with Mr. Arata's additional information. Ms. Fontana added that the property line does not follow where the fence currently is because the fence veers off to the left. Vice Chairperson Teglia recalled the side steps being removed because it had become an issue and asked if the rest of the project at 648 Commercial Avenue was legal. Chief Planner Kalkin noted that the intention of the survey is to determine if it is or not, and according to Ms. Fontana it may not be. She added that Mr. Arata's survey only identifies property lines and the location of the Fontana's structure but not the location of Mr. Valencia's building. Vice Chairperson Teglia pointed out that any change to the PUD for this property would require a modification. Chief Planner Kalkin confirmed that this was correct. Ms. Fontana noted that the intent of the surveys were to determine where the property line is. Chief Planner Kalkin explained that the maps would be referred to the Engineering Division. 5. 18 month review for Henry's Lounge Henry & Victoria Concepcion/applicant Westborough Sq Shopping Ctr/owner 2262 Westborough Blvd P06-0133: UP06-0029 18 month review -Use Permit to allow live musical entertainment at an existing restaurant at 2262 Westborough Boulevard in the Retail Commercial (C-1) Zone District in accordance with SSFMC Chapters 20.22 and 20.81 Chief Planner Kalkin presented the staff report. Commissioner Prouty questioned if there were complaints on the establishment to which Police Sergeant Kallas replied that there were no Police complaints. Motion Prouty /Second Zemke to accept the review as fulfillment of the Conditions of Approval ADMINISTRATIVE BUSINESS ITEMS FROM STAFF ITEMS FROM None Vice Chairperson Teglia suggested cancelling the meeting of September 18~' since it looked like there may be only one item on the agenda. Chief Planner Kalkin noted that 213/217 East Grand had already been noticed for this meeting. • E/Caminv Rea/ Taco Be//-A request was made to have the poles removed from a chain link fence that was taken down at the EI Camino Real Taco Bell. (Vice Chairperson Teg/ia). S:\M%wutes~~iwRli.zed MCwutes~2oo8~o~-o~a-oR Rpc r~iwutes.doc Wage ~ of s Planning Commission Meeting of September 4, 2008 Vice Chairperson Teglia also requested having the trash can located on the turnout at Taco Bell be moved in by 5 feet to allow customers to properly throw away the garbage to eliminate garbage on the ground. • PARKSFO Temporary Banners-Staff was asked by Vice Chairperson Teglia to have Code Enforcement look into having Park SFO remove their temporary banners since they have been up for an extended period. • Cab/e company wires -Commissioner Prouty thanked Chief Planner Kalkin for having the cable issue addressed. He was pleased to see how the Oyster Point Boulevard corridor was looking with all the projects approved by the Commission. • SSFScavengerlarge trash bins - A request was made by Commissioner Prouty that staff have the Scavenger company move their large garbage bins out of sight and added that trucks are parking all over the properly. • Street trees-Vice Chairperson Teglia noted that the Veterans and Airport Boulevard trees are maturing nicely. He stated that now that we know which species work in South San Francisco the Design Review Board should ban trees that don't look good, such as the Evergreen Pear, and adopt a preferred species list. ITEMS FROM THE PUBLIC ADJOURNMENT .~ ~~ Susy Kalkin Secretary to the Planning Commission City of South San Francisco SK/bla None 8:22 P.M. ,~~ Mary Giusti, Chairperson Planning Commission City of South San Francisco S:\Miwutes\~~wal~zed Miwutes\2oo8\09-0~-08 RpC Miwutes.doc page s of s