City of San Carlos

San Carlos Planning Commission

December 03, 2007  7:00 PM

San Carlos City Hall Council Chambers

Draft Minutes

I. Meeting Called to Order

Chair Royce called the meeting to order at 7:00 p.m.

II. Roll Call

All Commissioners present, Commissioner Divney was excused.

III. Approval Of Minutes

M/S Thompson/Iwasa to approve the minutes of the November 19, 2007 Planning Commission meeting.Motion passed 4-0.

IV. Public Comment

M/S Thompson/Iwasa to move item V. Public Comment to item IV.Motion passed 4-0.

Chair Royce asked for Public Comment. There was none.

V. New Business

a) Add a special meeting of the Planning Commission on January 14, 2008 (tentative) for the purpose of a Joint Study Session with the City Council on the General Plan update. Cancellation of Planning Commission meeting of December 17, 2007 and/or January 7, 2008.

Planning Manager Deborah Nelson announced to the Commission that they will be invited to attend a joint Study Session on the General Plan update with the City Council at 6 PM, preceding the City Council meeting of January 14, 2008.

Planning Manager Nelson noted that there are no pending issues or applications for the regularly scheduled Planning Commission meetings of December 17, 2007 or January 7, 2008.She suggested that the Planning Commission consider cancellation of one or both of these meetings following discussion of Public Hearing item VI. c).

b) Application for ARCHITECTURAL REVIEW consideration of one internally illuminated double sided pole sign of approximately 85.5 square feet for Les Schwab Tire at 260 El Camino Real.

Michael Fossati, Planner I made a presentation on the project and answered questions of the Commissioners.

Kristy Bayer, Pacific Neon Company, presented the applicant’s intent for signage and answered questions of the Commissioners.

M/S Phillips/Iwasa to close public comment.Motion passed 4-0.

Commissioners discussed colors, location, height and size of the sign.Commissioners expressed concern about potential line of sight blockage of the proposed new sign relative to the sign on the adjacent property.Commissioners also discussed the intent of the sign ordinance in the Highway Commercial (C-S) zoning district.

Deputy City Attorney, Greg Rubens clarified language in the code regarding regulation of colors and corporate logos.

M/S Iwasa/Phillips that the Planning Commission, serving as the Architectural Review Committee, approve the proposal based on the findings and conditions in the staff report, with an amendment to Condition #7.Further that the Planning Department work with the applicant to determine height and size of the sign to ensure that the sign does not adversely block sight lines of the sign on the adjacent property.

Motion passed 3-1, with Commissioner Thompson dissenting.

VI. PUBLIC HEARING

a) Consideration of the application of Christopher Fowler of On Air LLC, representing Verizon Wireless for an AMENDMENT to one of the Conditions of a previously approved CONDITIONAL USE PERMIT, pursuant to San Carlos Municipal Code Chapters 18.28, 18.118 and 18.124, regarding a surety for future removal of two cellular antennas and replacement of one existing antenna located at 920 Buckland Avenue (Assessor’s Parcel Number 045 232 030).

Michael Fossati, Planner I presented the item.

Commissioner Thompson and Iwasa asked questions of the Deputy City Attorney regarding the intent of the bond and the language of the proposed amended Condition #9.

Chair Royce opened the public hearing.There was no one wishing to speak.

M/S Iwasa/Thompson to close the Public Hearing.Motion passed 4-0.

M/S Thompson/Iwasa to approve Condition #9, as amended at the meeting, of the Conditional Use Permit for the installation and operation of two panel antennas and the replacement of one panel antenna at 920 Buckland Avenue (Assessor’s Parcel Number 045-232 030), in San Carlos.Motion passed 4-0.

b) Application of Manssur Aflak for consideration of a Tentative Map, Conditional Use Permit and Architectural Review, associated with the construction of a new, three story, five unit multi-family building, pursuant to Chapter 17.24, Chapter 18.124, Chapter 18.30, and Section 18.116.130 of the San Carlos Municipal Code located at 553 Elm Street , San Carlos (Assessor’s Parcel Number: 050 064 210)

Serena Ponzo, Planner II presented the item and read a correction to delete reference to parapets under colors and materials in the Staff Report.

Commissioners asked questions about a common area parcel, railing heights, balcony dimensions and fences.

Deputy City Attorney Rubens answered question relative to the subdivision map and noted that there would be a sixth parcel for the open space area of the project.

Manssur Aflak, Applicant, presented the project and noted that he had worked with staff for architectural style and design compatible with a village and that his project adds to the housing stock.

Chair Royce opened the hearing for public comment.

Brian Aflak, builder and designer of the project introduced himself and said he would be available to answer questions about the project. In answer to Commissioner Iwasa’s question regarding fence material, Brian Aflak stated the fence would be wood, 6 feet in height.Stone pillars and an iron gate fencing are included at the front of the property.

M/S Thompson/Iwasa to close the public hearing.Motion passed 4-0.

Commissioners thanked the applicant for working toward a nice design and improving housing choices in the City. Commissioners discussed requirements for construction parking, the reliance on vegetative screening from a neighboring property rather than additional landscaping proposed on the property and the need for additional fencing along the driveway. The discussed landscape was shown on the adjoining property, although it is the responsibility of the applicant to landscape the development site. If the adjoining acacia tree is taken down, the property owners of 920 Buckland Avenue should provide the replacement screening.

M/S Phillips/Thompson that the Planning commission approve the Code Compliance Certificate/Conditional Use Permit and Tentative Map, with amendments to two conditions and the addition of a condition to address future replacement of vegetative screening, for the proposed five unit condominium building at 553 Elm Street, San Carlos based on the findings and for the reasons incorporated in the Staff Report.

Motion passed 4-0.

c) Consideration of an Ordinance Amendment to the City of San Carlos Municipal Code, Prohibited Uses in the C-R (Central Retail Core District), C-P (Central Perimeter District) and the C-S (Highway Service Commercial District) for the 600, 700 and 800 Blocks of Laurel Street and the 1100 and 1200 Blocks of San Carlos Avenue.

Planning Manager, Deborah Nelson presented the staff report and options for the Planning Commission to consider.

Commissioner Iwasa asked about the reasoning for prohibition of self service laundry. Commissioner Thompson asked for the definition of deep discount.Planning Manager Nelson provided responses.

Chair Royce opened the public hearing.

The following individuals spoke:

• John F. Walker – applicant for use at 1245 San Carlos Avenue
• Robert Siskin – 825 Laurel Street, owner of Siskin’s San Carlos Pharmacy
• Lester Girdlestone – 3331 Brittan Ave and owner of property on El Camino Real
• Talin Tascian, Esq. – 1245 San Carlos Avenue
• Howard Girdlestone – owner of several properties on Laurel Street
• Ron Karp – 1209 Burlingame Avenue, Burlingame and owner of a property on Laurel Street

Themes of the public comment were:

• Removal of the Use Permit process currently in place is preferred.
• Pass an ordinance tonight.
• Ordinance approach presented tonight protects the City.
• Resolve the original issue now so the Urgency Ordinances do not have to be in place.
• Additions to the list of permitted and prohibited uses is a reasonable approach.
• Don’t include Instructional facility and Recreational use in prohibited uses.
• Consider adding other prohibited uses such as adult book store, tattoo and sale of drug paraphernalia.
• Discount may not be an unwanted use, define deep discount, make deep discount a conditional use or remove deep discount language.

M/S Phillips/Iwasa to close the public hearing.Motion passed 4-0.

Commissioner Phillips commented on the ambiguity of the term “deep discount.”He expressed an interest in an open ended approach to the uses that are permitted and that the prohibited list should be short and specific.He advocated not including instructional facility and recreation use in the list of prohibited uses.

Commissioner Thompson expressed an interest in dealing with the issue of discount retail now and make other changes to the code later.He expressed concern about the Urgency Ordinances needing extension.He commented about wanting to encourage certain uses.He suggested removing the term “deep discount” from the phrase “closeout/deep discount merchandise.”He noted that the manner in which recreational and institutional uses are now handled is working and there does not need to be additional control.

Commission Iwasa expressed an interest in sending the ordinance language to EDAC and the Chamber of Commerce for additional input.She indicated that she did not want to prohibit self-service laundry, that some of that type business can be a good resource and include internet and coffee as shared use.She suggested that recreational use and instructional facilities be subject to a Use Permit.

Chair Royce expressed that the ordinance represents an option which expresses close to what is desired and what is not desired.The area of interest for uses not in the permitted and prohibited list may still need some work.He talked about uses which bring action vs. bringing business.He suggested that the definition of retail not include a “such as, but not limited to” list.

M/SPhillips/Thompson that the Planning Commission recommend a Draft Ordinance to the City Council based on the findings in the staff report and with the following modifications:

• Section 18.08.652 – Definition of Retail ending after the word merchandise.
• Section 18.56.020 – Permitted uses not to include the phrase “except self service laundry in the Downtown Retail Core.”
• Section 18.56.030 D. – Remove the term “/deep discount.”
• Section 18.56.030 G. –Remove “instructional facility, recreation use.”
• Section 18.056.030 I. – Add “(children and adult)”
• Section 18.060.030 C. – Remove the term “/deep discount.”
• Section 18.064.040 A.9 – Remove the term “/deep discount.”

The motion was passed 3-1 with Commissioner Iwasa dissenting.

VII. Reports, Correspondence And General Information

a) Report on recent City Council actions

Planning Manager Nelson reported on an approved agreement for consultant service for processing the Transfer Station expansion and remodel.She indicated the Planning Commission would start to review the item in the spring of 2008.

b) Planning Commission comments or reports

Commissioner Thompson asked staff to look into the conditions for the Twin Dragon Academy relative to lighting of the parking lot.

Commissioner Thompson thanked Chair Royce for his years of service on the Planning Commission.

Chair Royce thanked the Commissioners and noted Vice Chair Phillips’ years of leadership.

Commissioners discussed upcoming meeting and Voted 4-0 to cancel the regularly scheduled meetings of December 17, 2007 and January 7, 2008.

c) Correspondence

None.

d) Planning Staff comments, reports and updates of current projects

Community Visioning for the General Plan – January 8, 2008.

VIII. Adjournment

Chair Royce adjourned the meeting at 10:02 PM.