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HomeMy WebLinkAbout2008-12-04MINUTES December 4, 2008 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER /PLEDGE OF ALLEGIANCE 7:30 p.m. ROLL CALL PRESENT: ABSENT: STAFF PRESENT: CHAIR COMMENTS AGENDA REVIEW Commissioner Oborne, Commissioner Moore, Commissioner Sim, Commissioner Prouty, Commissioner Zemke, Vice Chairperson Teglia and Chairperson Giusti None Planning Division: City Attorney: Engineering Division: Police Department: Fire Prevention: ORAL COMMUNICATIONS CONSENT CALENDAR 1. Approval of meeting minutes of November 20, 2008. Motion Commissioner Prouty /Second Commissioner Sim to approve the Consent Calendar. ADMINISTRATIVE BUSINESS 2. Study Session Zoning Ordinance Update Citywide P07-0136: ZA07-0007 None Zoning Ordinance Update Use Regulation Module #1 -Base District regulation discussion including the land use for each of the base zones. Vivian Kahn, Dyett & Bhatia and the Planning Commission went through the memo explaining the State and Federal laws with regards to certain uses. Commissioner Prouty commented on restricting the number of people and locations of houses for persons with disabilities and property rights discrimination with regards to telecommunications. Ms. Kahn noted that Federal and State laws require that the City accommodate individuals with disabilities through the Zoning Ordinance. She pointed out that the telecommunications law is constantly changing and that the ordinance update will provide regulations based on current laws in the Zoning Code. Vice Chairperson Teglia stated that the Commission is encouraging underground vaults for telecommunications equipment and wants to make sure that the guidelines are in the code to avoid any confusion. Susy Kalkin, Chief Planner Girard Beaudin, Senior 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 Office No Changes Commissioner Sim questioned if the public schools could have a joint use potential to which Ms. Kahn replied that State Law allows jurisdictions to regulate public schools. A concern was raised with schools being redeveloped and Planning Commission Meeting of December 4, 2008 maintaining the playing fields as parks within the redeveloped site. Ms. Kahn stated that they are proposing to retain the school zone and if a new use is proposed, a rezone would need to be requested. Vice Chairperson Teglia reiterated his concern with the telecommunications language not being strong enough and suggested having additional guidelines specifying the requirements. Ms. Kahn noted that the telecommunications regulations will be revised as part of module 3 of the Zoning Ordinance Update. Vice Chairperson Teglia and Ms. Kahn discussed the appeal process of Chief Planner or Zoning Administrator decisions. Commissioner Oborne reminded Ms. Kahn that the Commission had requested examples of zoning regulations from adjoining communities as an example of how they phrased or organized requirements to make developments appealing or to see how they deal with specific uses. Ms. Kahn informed the Commission the consultant team has looked at hundreds of codes, but that each jurisdiction must be looked at separately and codes developed accordingly. Commissioner Zemke noted that the purpose statement for Residential districts [page 9 of Module 1] needs to be broadened to reflect the desire to enhance quality of life for the residents and the definition should include a reference to parking. Ms. Kahn noted that the next module will look at the development standards for uses. Commissioner Prouty concurred with Commissioner Zemke's comment. The Commission and Ms. Kahn when through stable-by-table review of Module 1: RESIDENTIAL DISTRICTS TABLE -Comments Clarification of the difference between the new classifications RH-30 and 40 and the existing R-3J & L classifications was requested by Commissioner Prouty. Ms. Kahn explained that this eliminates an additional reference table because the classification now has the density included in it. A concern was raised with tandem parking being allowed for all residential zones and it was suggested that this flexibility needs to be restricted (Vice Chairperson Teg/ia). Ms. Kahn informed the Commission that State Law requires tandem to be allowed for a second unit. Residentia/ Group uses A question was raised with regards to limiting over-concentration of such uses(t/ice Chairperson Teg/ia). Ms. Kahn stated that the requirements are subject to State law and the City has very limited jurisdiction over these uses. Vice Chairperson Teglia question if these can be denied due to over concentration. Ms. Kahn noted that this is not the case and that only the State can deny these uses. Concern was noted with allowing single room occupancy, how the City currently handles them and Commissioner Oborne suggested potentially considering stronger regulations. Ms. Kahn noted that there are standard requirements included in the zoning code for them. Staff responded that they currently do not require a Use Permit but with the Zoning Code update it would be regulated. Single room occupancies also help the City fulfill the housing needs for the Housing Element. Community As~semb/y uses Vice Chairperson Teglia questioned how the City can deal with homes becoming churches and was not supportive of making it subject to a Minor Use Permit (MUP) process. Ms. Kahn stated that a religious use requires a use permit but if a religious service is being conducted in a home it is difficult to regulate. Commissioner Prouty concurred with Vice Chairperson Teglia and encouraged that community assembly be subject to a use permit. Ms. Kahn provided the definition of community assembly to which Commissioner Prouty reiterated that the use should be subject to a Condition Use Permit (CUP) and could allow it to be a MUP in a commercial zone but not in a residential zone. Commissioner Sim was concerned with having religious assembly being allowed in the biotech areas. Ms. Kahn noted that these uses are not being allowed in manufacturing, freeway commercial, business commercial or in the business technology park zones but are proposing to allow them in the commercial districts with a CUP. She added that they could require a CUP for any community assembly use in a residential area. 5:\Miv~ute5~22D4-D8 RFC Miv~uteS.dOc FAge 2 of 4 Planning Commission Meeting of December 4, 2008 Commissioner Sim suggested having better guidelines and encourage these uses in other areas. Ms. Kahn clarified that where they are permitted by right or with a MUP is a signal that it is more likely to be encouraged in those districts and it is an indication to the applicant that they are not encouraged in other districts. Home Occupation Business License A concern was raised with business vehicles being stored in residential areas. Ms. Kahn noted that a distinction needs to be made between trucks taken home from work and those that have businesses at home. She added that the number of vehicles needs to be limited for a home business. A comment was made about restricting auto shop businesses being run from a home. Ms. Kahn noted that a repair shop is not permitted in a residential area. Commissioner Oborne stated that more regulations and requirements requires more staff to enforce them. Concern was raised with taking a person's livelihood away with too many restrictions and cited a section that states that a garage or shed cannot be used for storage of materials. Staff responded that the current zoning code has this language and the intent is to discourage use of the garage, which is intended for parking, for storage of materials. The Planning Commission, staff and Code Enforcement Officer Carney discussed the enforcement problem, number of cases, staff available for enforcing, citation process and appeal process. COMMERCIAL OFFICE & MIX USE TABLE- Comments Group residential Commissioner Prouty was concerned with allowing senior care in the East of 101 area. Ms. Kahn noted that a map will be provided so that the Commission knows where these areas are and noted that these uses are restricted to areas of 101. Commissioner Oborne reiterated her concern with single room occupancy uses and stressed the need for additional conditions on noise, hours and character of the neighborhood in order to maintain the quality of life of the neighborhood. Community assemb/y Ms. Kahn asked if the Commission would be comfortable with retaining the small and large distinction and allow small uses with a MUP and larger ones with a CUP. Commissioner Prouty and Commissioner Oborne were comfortable allowing the smaller community assembly uses with a MUP as long as parking standards are met. Commissioner Prouty and Senior Planner Beaudin discussed approving small and large religious assembly through the MUP process. Commissioner Prouty was concerned with allowing religious assembly in the EI Camino Corridor while the City is currently looking at retail development opportunities. Commissioner Sim clarified that it could be a theater or gallery of some type. Commissioner Prouty was not comfortable with allowing this with a MUP. Staff replied that the Planning Commission can always appeal the Zoning Administrator's decision. Commissioner Sim understood from the applicant that the uses less than 3500 square feet could be MUP approvals and staff also feels that those greater than 3500 square feet could also be subject to the same MUP process. Ms. Kahn asked that the Commission look at including uses that would draw people to a retail area. Commissioner Oborne clarified that the concern is the EI Camino Corridor and these types of facilities cause concern because of the City's plans to improve the corridor. Ms. Kahn explained that the City currently has a General Plan Amendment underway and a Specific Plan for the EI Camino area which will cover the Commission's concerns. Vice Chairperson Teglia requested a map be brought for the next session. Persona/ Services Ms. Kahn noted that they will review personal services further for specific uses like licensed massage, fortune tellers, tattoo parlors etc... The Commission noted that tattoo parlors should not be included as a permitted use in any area. s:~n~ttwutes~s2-o4-os ape, nniwutes.dec pave s of ~ Planning Commission Meeting of December 4, 2008 Communication Facilities Commissioner Oborne questioned if there are ways to regulate aesthetics to which Ms. Kahn noted that the application has to meet the requirements of the Code. Commissioner Prouty commented that the application should go through the Design Review process. Senior Planner Beaudin replied affirmatively and added that they are still going to be subject to the CUP process. Vice Chairperson Teglia noted that communication facilities need to, at least, go through the MUP process and should not be permitted by right. Ms. Kahn noted that they will hold this change until the Commission reviews the telecommunications facility chapter requirements. APPENDIX A - STANDARDSAND REQUIREMENTS- Comments Commissioner Oborne questioned if staff felt the standards for adult oriented businesses are sufficient. Chief Planner Kalkin noted that there none in the City and they are only allowed in the East of 101 area away from the freeway. Ms. Kahn added that they are not allowed within 600 feet of another adult oriented business and have additional screening and design requirements Direction given to Staffand consultant. ITEMS FROM STAFF Chief Planner Kalkin requested that the Commission cancel the Planning Commission meeting of December 18"' Consensus of the Commission to cancel the December 18, 2008 meeting. Chief Planner Kalkin added that Vice Chairperson Teglia and Commissioner Sim are ending their terms on the Planning Commission and thanked them for their service to the City. The Commission echoed Chief Planner Kalkin's comments. ITEMS FROM COMMISSION Commissioner Zemke noted that the Historical Society is hosting a historical tour and invited those interested in purchasing tickets to view historical South San Francisco. Vice Chairperson Teglia and Commissioner Sim expressed their gratitude to the Council and Commission for allowing them to play a big role in the City's development projects. ITEMS FROM THE PUBLIC Meeting adjourned at 10:07 p.m. ADJOURNMENT ~'" ~` Susy Kalkin Secretary to t e Planning Commission City of South San Francisco SK/bla s:~n~~wutes~i2-~a-og upc n~iwutes.dcc 10:07 P.M. Mary Giu ti, Chairperson Planning Commission City of South San Francisco Wage g of ~