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HomeMy WebLinkAbout2008-09-18MINUTES September 18, 2008 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION TAPE 1 CALL TO ORDER /PLEDGE OF ALLEGIANCE 7:30 a.m. ROLL CALL PRESENT: ABSENT: STAFF PRESENT: CHAIR COMMENTS AGENDA REVIEW Commissioner Oborne Commissioner Moore, Commissioner Sim, Commissioner Zemke, Vice Chairperson Giusti and Chairperson Prouty Vice Chairperson Teglia Planning Division: City Attorney: Engineering Division: Police Department: Fire Prevention. ORAL COMMUNICATIONS CONSENT CALENDAR i. Approval of meeting minutes of September 4, 2008. 2. 213/217 EGrand -Alexandria Real Estate ARE-SF No 21 L.P./Owner ARE-SF No 21 L.P./Applicant 213 & 217 East Grand P07-0106: UP07-0017, DR07-0065, DA07-0001, EIR07-0001 (Continue to October 2, 2008) None Use Permit, Design Review, Development Agreement, Transportation Demand Management plan and Draft Environmental Impact Report to construct a 9-story office/research and development and associated surface parking and landscape improvements building totaling 291,634 square feet, afive- level parking garage on a 6.94 acre site located at the northwest corner of East Grand Avenue & Roebling Road (APNs 015-041050 and 015-041-300)in the Planned Industrial (P-I}Zone District in accordance with SSFMC Chapters 20.32.060, 20.81, 20.85 & 20.120 Motion Prouty /Second Zemke to approve the Consent Calendar. Approved by unanimous voice vote ADMINISTRATIVE BUSINESS Susy Kalkin, Chief Planner Girard Beaudin, Senior Planner Linda Ajello, Associate Planner Billy Gross, Associate Planner Bertha Aguilar, Admin. Asst. II Brian Grossman, Assistant City Attorney Sam Bautista, Senior Civil Engineer Sergeant Jon Kallas, Planning Liaison Tom Carney, Code Enforcement Officer No Changes 3. Review of 648 Commercial Avenue Planning Commission Meeting of September 18, 2008 Associate Planner Beaudin noted that Rita Fontana has requested that the Commission continue this discussion to the next meeting due to a death in the family. Motion Sim /Second Oborne to continue the item to October 2, 2008. Approved by unanimous voice vote with Commissioner Prouty abstaining. Vice Chairperson Teglia -absent. 4. Study Session Zoning Ordinance Update City-wide P07-0136: ZA07-0007 Zoning Ordinance Update Use Regulation Module #1 -Base District regulation discussion including the land use and development standards for each of the base zones. Vivian Kahn, Dyett & Bhatia, gave a PowerPoint presentation on the purpose, zoning regulations and proposed use classifications. Ms. Kahn asked if the Commission thought that more classifications were needed or if there are too many. Commissioner Oborne noted that there are not too many and felt that the more transparent things are the better. Commissioner Prouty noted that although the uses are defined, they are not automatically permitted. Ms. Kahn replied affirmatively. She also pointed out that there are a wide range of uses and regulations in the Code to guide the Commission in the decision making process. Commissioner Oborne felt that clarifying the land use classifications is important in order to avoid areas where light industrial uses are on one side of the street and residential is on the other. She noted that these can be regulated to have it make sense aesthetically and functionally. Ms. Kahn added that they are proposing changes based on what they have seen in the City and what they have heard from both the Commission and Council. She explained that most of the classifications and sub-classifications are specific to the City. She added that two regulations that are being proposed are prohibiting parking in the right-of-way for auto body shops and no limousine parking on a residential street or in the right-of-way. Commissioner Prouty asked if "not permitted" can be placed next to a use classification that is not wanted anywhere in the City, such as an adult oriented use or if it could just be left out. Ms. Kahn explained that the City's preference would not be clear if a particular use is not identified in the zoning regulations. Commissioner Oborne questioned how other cities handle adult entertainment in their codes. Ms. Kahn noted that these types of uses are legally difficult due to first amendment rights and have to be regulated very carefully. She added that many jurisdictions use amortization which means that the City pays or waits out the commercial life of a use that is not wanted in the community. Commissioner Oborne questioned if there were sub-classifications of commercial districts in the downtown and added that the Commission might want to change some of these to ensure a better mix of businesses in the City. Ms. Kahn noted that they have a set of base districts dedicated to the downtown. Commissioner Prouty asked that the pages be numbered and tabbed for the next meeting. Senior Planner Beaudin noted that this would be done. Ms. Kahn noted that the purposes of the downtown are stated and there are specific objectives based on the General Plan. She pointed out that the Commission will look to see if an application for a use permit improves the quality and mix of retail uses. Commissioner Oborne questioned if this language currently exists in the Zoning Ordinance. Ms. Kahn noted that most of the districts do not include specific purpose statements. Commissioner Oborne noted that it seems there is no way to prevent a use from going into a zone where it is allowed. Ms. Kahn clarified that if a clear purpose statement exists to warrant an application, the Commission can make findings of denial based on the staff report and the testimony received at the meeting. s:~Miv~utes\Fiv~.alized r~iwutes~_2ooR~o9-is-o8 Fzpc Mi~.utes.dnc page2of ~ Planning Commission Meeting of September 18, 2008 Ms. Kahn showed the Commission the variety of purpose statements and the zoning correspondence table. She added that the table includes uses which are permitted by right with State law such as emergency shelters. Commissioner Prouty noted that shelters appear to be allowed under residential districts. Ms. Kahn stated that a domestic violence shelter is different from an emergency shelter and strongly suggested that it be a permitted use subject to limitations without the public hearing process in order to keep their locations anonymous. Commissioner Prouty noted that there have been similar situations where a neighbor complains about other types of shelters and felt that it was best to allow the neighborhood to have input on shelters in residential areas. Ms. Kahn noted that the City can determine whether to allow them by right or have a discretionary review on it and noted that they are recommending that these shelters be permitted by right subject to limitations and conditions. She added that some standards could be set limiting the size, limiting the number of cars and other criteria. Commissioner Oborne questioned if there was a way of regulating these shelters on a case-by-case basis. Ms. Kahn added that when the decision is taken to a case by case basis it becomes a discretionary review through a use permit. She suggested that the Commission think of conditions, standards and requirements that should apply to a use based on complaints that the City has received on the existing shelters. She noted that some of these complaints might be number of cars, number of people or noise issues. She pointed out that if these requirements are not met the shelter is not allowed. Commissioner Prouty reiterated that the document should have some type of color or underline so that the Commission can discuss those items in detail. Ms. Kahn noted that their edits are difficult to see because it is a black and white document but the strikeover is what they propose to remove and the shaded areas are the additions which are actually in red on the original. She added that they will make sure that the items can be marked so the Commission can distinguish them. Commissioner Sim noted that there is a state mandated facility in Westborough that was permitted without noticing on Shannon Drive which became institutionalized over time. He noted that most of the windows became smaller. He questioned if there is a way for the City to participate in the process so that the character of the neighborhood is preserved. He also questioned if the design for this type of establishment could be looked at the by Design Review Board (DRB). Ms. Kahn replied that the design can be regulated through the zoning code by creating design standards for neighborhoods and if they want to deviate from the approved design, then they would have to go to the DRB or Planning Commission for review. She pointed out that design and type of use are two different issues. Commissioner Prouty noted that in reviewing the antenna and transmission towers, he questioned whether these can only be building mounted. He was concerned with towers being in residential areas. Chairperson Giusti noted that they currently are in residential areas. Ms. Kahn noted that antenna towers are frequently placed on churches and added that there will be an entire chapter on telecommunications and will be regulated to the extent that Federal Law allows a local jurisdiction to restrict these items. She pointed out that they will be subject to a use permit with regulations, such as not being freestanding antennas and that they have to stay within the height standards. Commissioner Prouty clarified that these types of applications would have to go through DRB. Ms. Kahn replied affirmatively and added that the Commission can require them to be camouflaged. Commissioner Prouty reiterated the need to have wireless communications projects go before the Commission to make sure that they are properly installed and are not a blight to the community. Commissioner Prouty asked that the consultant explain the logic behind a change in requirements for certain uses in the zoning code. Commissioner Prouty questioned what the difference between a permitted use is and a use that is conditionally approved. Ms. Kahn stated that State law does not allow a City to deny a use if they meet the State requirements for uses, such as family daycare. She added that State law does allow some limit of regulation by the City such as fencing, hours of operation and drop off areas. Commissioner Moore asked who would enforce these requirements on the use. Ms. Kahn replied that the City will ultimately be responsible for enforcement. Ms. Kahn added that it is easier to provide an applicant with set requirements if they wish to operate in the City. s ~n~%wutes~~[watCzed n~iwutes~2coS~o9-zs-os rzpr_ r.~iwutes.doc page s o-f E Planning Commission Meeting of September 18, 2008 Commissioner Oborne questioned how the transformation of certain areas are dealt with in the zoning code. Ms. Kahn noted that there is a section dedicated to non-conforming uses in the Code which has regulations that might allow uses to continue. Chairperson Giusti questioned how machine shops can be eliminated being that they have been established for many years. Ms. Kahn replied that tight regulations can be written and anon-conforming use can be classified. Commissioner Oborne questioned if an entire area could be rezoned from mixed use to residential only. Ms. Kahn noted that the General Plan does re-designate areas but if the use was legally established prior to rezoning, the City has to allow it to continue exactly as it was approved or the City has to do something to eliminate them. Ms. Kahn asked that the Commission review Module 1 and give them some feedback on the limitations and note any additional limitations the Commission wants to see for certain uses. Commissioner Prouty asked that the uses that are permitted by law with limited regulations by the City be marked by an asterisk or a footnote so that the Commission knows why it is changed. Commissioner Oborne questioned if any applicable State and Federal regulations are going to be included in the Code. Ms. Kahn noted that these aren't normally placed in the Zoning Code. She pointed out that some of the uses can be marked by an asterisk for review purposes and removed once the document is adopted as an ordinance. Ms. Kahn directed the Planning Commission to Appendix A, which is the first draft of the supplemental standards and requirements for the list of uses. She requested that the Commission review and add any uses that they would like to see in the Code. She added that they want to provide as many standards and regulations as possible for particular uses and avoid making up the requirements as the Commission reviews individual projects, although the Commission can impose more stringent requirements based on unique circumstances. Commissioner Oborne questioned if the more stringent regulations would be developed during their review of the permit. Ms. Kahn replied affirmatively and added that as long as the record clearly states the Commission's intent it is defensible in court. Commissioner Prouty questioned if the standards are similar to other jurisdictions' standards or if they are specific to South San Francisco. Ms. Kahn noted that in formulating this draft they looked at different jurisdictions, conditions imposed by South San Francisco for certain cases and considered what they heard when they interviewed the stakeholders. Commissioner Oborne stated that the City isn't often favorably compared to other cities along the Peninsula and felt that it is important to see what other cities do. Commissioner Prouty was interested in comparing regulations from cities like San Mateo, Redwood City, San Carlos and Belmont. He added that it would be beneficial to see if they are comparable. Ms. Kahn noted that they are trying to provide the Commission the right set of tools to make decisions on the applications that go before the Commission. She added that there are current applications that need to go before the Planning Commission that could be approved by staff and are subject to appeal to the Planning Commission. Commissioner Prouty stated that Redwood City went to form based planning and noted that the Commission at one point discussed closing Grand Avenue to vehicular traffic to make it a pedestrian oriented street and questioned if this has been addressed in the draft zoning ordinance. Ms. Kahn clarified that street closures are not related to zoning; zoning deals with private property. She added that the subdivision ordinance allows the City to require applicants to make improvements to the streets. She pointed out that South San Francisco's downtown is currently what is advocated for in form based codes because the buildings are up to the property line with parking behind the buildings. Ms. Kahn explained that a project that meets the standards and requirements doesn't have to go through a use permit process and added that without clear regulations some of these establishments could end up going to another City. She noted that standards should be included for issues, such as traffic, to facilitate the process. Commissioner Prouty stated that a use permit gives the Planning Commission the opportunity to comment on the aesthetics of a building and cited the Merriam Block as an example of how the Commission can make a building in disrepair look much better. He noted that if the applicant wants to remain in the City they will make the necessary modifications, and if they don't then they will go to another city. Commissioner Oborne questioned if the Use Permit requirement would allow staff to approve the project. Ms. Kahn noted that it could be a conditional use permit or a minor use permit. She explained that the Commission 5:\.Miwutt5~~ev~Al%7_Cd Mun.ute5~20GS~G9dR-08 RPC Msn.utES.dOc Pugt ~ of ~ Planning Commission Meeting of September 18, 2008 can allow the use by right and still regulate the design of the property. She stated that if the City has concerns about certain uses, such as a second hand store, then a conditional use permit should be required. Ms. Kahn added that they are looking for feedback from the Commission on location, type of uses and which rules should apply to them. Commissioner Oborne noted that the goal is to codify uses and regulations so that everyone knows what is expected and what the rules are. Commissioner Sim noted that most applicants respect a City when the policies and procedures are clear, and when they are not the image of a City can suffer. Ms. Kahn concluded that the next step is the Design and Developments Module which would deal with density and intensity, number of units per acre, setbacks, parking requirements, open space requirements, floor area ratios (FAR) and other standards. Commissioner Oborne noted that the Commission and Council touched on the character of the neighborhood during their tour and having additions being consistent with the neighborhood and questioned how these comments can be made into regulations. Ms. Kahn stated that this could be done by looking at the neighborhoods which was the purpose of the tour. Pub/ic comments: John Uccelli, owner of 171-177 South Spruce, started by thanking Susy Kalkin and Steve Carlson for their help and noted that his building at 177 South Spruce was built in 1978. He was informed that the use was changed from industrial to commercial several years ago. He stated that if he wants to expand his business, he cannot do so. He pointed out that he has a nice office warehouse building but is restricted to commercial uses if he has a vacant unit and does not lease it to a similar use within a certain amount of time. He pointed out that the building is not made for commercial type uses because it does not have the parking. He suggested revisiting the zoning areas to broaden the commercial zone description to allow contractors in the commercial zone. He requested that staff incorporate his comments into the process. Commissioner Prouty confirmed that Mr. Uccelli's building is one of the nicest buildings in the area and explained that a conditional use permit does allow uses in an area that are not specific to the zone. Chief Planner Kalkin stated that rather than targeting Mr. Uccelli's building, staff and the Commission can look at the non-conforming use regulations and provide some clarity on how to address his request. She noted that instead of trying to change the zone to allow his use, the Commission can look at adjusting the non-conforming standards to allow Mr. Uccelli more certainty on how to use the building. Commissioner Oborne thanked Mr. Uccelli for his input. Mr. Uccelli also noted his frustration with the Sunshine Center along Mission Road properly having two zones for one parcel. He pointed out that it is difficult to get tenants for buildings now and asked that the Commission not drive companies away. Commissioner Moore asked Mr. Uccelli if he received some sort of documentation stating that his business was legal non-conforming. Mr. Uccelli noted that he was not given any documentation. Commissioner Zemke noted that other uses that might need to be addressed with specific regulations include entertainment uses such as karaoke, indoor sports and social service events. ITEMS FROM STAFF Chief Planner Kalkin introduced Associate Planner Billy Gross to the Planning Commission. Commissioner Zemke noted that the Commission has received a lot of material to go through and questioned if it would be beneficial for the Commission to keep the documentation provided to them. Chief Planner Kalkin noted that although there is a lot of material, staff and the consultant will try to get a cleaner copy to the Commission within the next few weeks that has same differentiation on the changes being proposed clearly identified. .S:~Miv.utes~Fiv~.alized n~iwutes~zooR\<i~-i S-o~ RPC rniwutes.dcc Page s of 6 Planning Commission Meeting of September 18, 2008 Chairperson Giusti noted that Spruce Avenue is industrial and commercial. Chief Planner Kalkin noted that it is a major arterial that is in close proximity to the San Bruno BART Station. ITEMS FROM Chairperson Giusti congratulated Commissioner Sim for an article on a home he designed that was in the San Francisco Chronicle. Church on Mi//erandSpruceAvenue -Chairperson Giusti requested an update on the church that burned down on Miller Avenue. Chief Planner Kalkin noted that there are active discussions between the Fire and Police Departments with the applicant and will report back to the Commission with an update. Commissioner Prouty noted that he would be out of the City on Day in the Park and thanked Vivian Kahn for her presentation on the zoning code. He added that the developments along Oyster Point Boulevard are looking better everyday and noted that the Kaiser facility is almost done. Park Station Lofts garage -The Commission requested that staff look into the approval for the SummerHill project on EI Camino Real to make sure that stamped concrete was required to be added to the entrance of the parking garage and on the Fire Department emergency access area. (Commissioner Sim & CommissionerProuty) ITEMS FROM THE PUBLIC None ADJOURNMENT 9:56 P.M. Motion Prouty /Second Oborne to adjourn the meeting. Approved by unanimous voice vote. .;.fir' ~--~ Susy Kalkin ~ Mary Giusti, Chairperson Secretary to the Planning Commission Planning Commission City of South San Francisco City of South San Francisco SK/bla S:~Miv~utGS\Fiv~AliZtd MiwutL5~20053~09-18-08 RPC Mcu~.utLS.dCG PAgL 6 6f 6