City of San Carlos
San Carlos Planning Commission
July 21, 2008 7:00 PM
San Carlos City Hall Council Chambers
Approved Minutes
I. Meeting Called to Order
The meeting was called to order by Chair Phillips at 7:03 P.M.
II. Roll Call
III. Public Comment
Chair Phillips opened the meeting to public comment.There was no one wishing to speak.
M/S Shugart/Phillips to approve the Planning Commission Minutes, as amended, of July 7, 2008.
Motion passed 2-0-1(Iwasa)
IV. Public Hearing
a) Consideration of Adoption of a Mitigated Negative Declaration, and Approval of Amendments to Conditional Use Permits and Architectural Review Permit for the proposed improvements to and expansion of the existing Shoreway Disposal and Recycling Center located at 255 and 333 Shoreway Road.
Chair Phillips introduced the item and described the procedure for Public Hearing.
Deputy City Attorney, Greg Rubens, recused himself from items IV. A) and b) due to the fact that the Attorney’s office has a conflict of interest because they represent both the City and the Applicant.
Colette Meunier, Contract Planner presented the item. Her presentation covered aspects of the project including Phase I and Phase II improvements.She noted that Phase I improvements will be considered by the Planning Commission under a separate grading and dirt haul permit in the Public Hearing to follow, Item IV. b. She noted that four separate comments had been received on the Mitigated Negative Declaration.All comments were received during the advertised review period, although three of the comments were received after the staff report was published.She advised the Commission that none of the comments introduce a new or significant impact nor do they challenge the adequacy of the Mitigated Negative Declaration.She introduced a supplemental staff report which addresses the three comments on the Mitigated Negative Declaration and suggested that the Commission revise the Draft Resolution for adoption of the Mitigated Negative Declaration to include all four letters received.She also described that the supplemental staff report recommends revision to the wording of Condition No. 10 to the draft Resolution approving amendments to the Conditional Use Permits.
Chair Phillips asked the Commissioners if they have questions for staff.Hearing none, he asked the applicant to speak.
Kevin McCarthy, Executive Director of SBWMA, commented that the review of the proposal had been a good and thorough process.He requested appositive consideration by the Commission,
Commission Iwasa asked questions of the applicant, including: 1) what controls are in place for odor and noise created inside the building which may be observed from outside the building and 2) the impact of interior lighting outside the building.
Kevin McCarthy responded that the expanded operation will be contained inside the building, materials are removed within 48 hours and that complaints from surrounding uses are not anticipated.He mentioned that the complaint has historically been about the backup of vehicles, which the new project is designed to correct.
Clark Davis, J.R. Miller Associates, Architect for the project, explained that translucent wall panels will diffuse the light and noted energy efficiency measures.He stated that no direct glare from the inside will result.He said it is a LEED goal of the project to reduce nighttime light pollution.
Commissioner Shugart indicated she had no questions.
Chair Phillips asked if there had been any further discussion regarding waterless urinals.He suggested the project the applicant pursue this further as the installation of the facility could add to the demonstration aspect of the project.He asked staff to pursue bringing forward code amendments.
Clark Davis, Architect for the project, said that the plan is for low water usage, that the waterless facilities are not allowed per staff direction.
Colette Meunier, Consulting Planner, indicated that according to the Building Official, prohibition of waterless urinals is a State regulation.
M/S Iwasa/Shugart to close the Public Hearing.Motion passed 3-0.
Chair Phillips asked for Planning Commission discussion.
Commissioner Iwasa stated that because this is the second time the project has been before the Commission, her questions have been addressed.She stated she really likes the project.
Commissioner Shugart, said ditto.
Chair Phillips thanked Contract Planner, Colette Meunier for the thorough job throughout the process. He thanked staff and the applicant as well.
M/S Iwasa/Shugart that the Planning Commission adopt Resolution of the Planning Commission of the City Of San Carlos Adopting a Mitigated Negative Declaration of Environmental Impact and the Mitigation Monitoring And Reporting Program, in Accordance With The California Environmental Quality Act, For The Shoreway Environmental Center, with the changes as follows:
Changes in the fourth “Whereas” as follows:
WHEREAS, the City received the following written responses about the Mitigated Negative Declaration during the public comment period and staff has provided written responses where appropriate in a supplemental staff report dated July 21, 2008:
1. Letter dated June 26, 2008 from the City/County Association of Governments Airport Land Use Committee staff.
2. South Bayside System Authority Letter dated July 14, 2008.
3. California Department of Transportation Letter dated July 16, 2008.
4. Greg Schirle, Solid Waste Specialist, Environmental Health LEA Section, San Mateo County E-mail dated July 18, 2008.
Changes in Finding 2 as follows:
2. The Commission finds on the basis of the whole record, including the Initial Study, the staff report, the supplemental staff report, the submitted written comments and testimony received at the public hearing, that there is no substantial evidence that the project will have a significant effect on the environment.
Changes in Exhibit "A" Errata, to add language as follows:
Page 15, under “Other agencies whose approval is required”, add the following:
San Mateo County Environmental Health as the Local Enforcement Agency for the Solid Waste Facility Permit.
Motion passed 3-0.
M/S Shugart/Iwasa that the Planning Commission adopt a Resolution of The Planning Commission of the City Of San Carlos Approving Amendments to The Conditional Use Permits for the Shoreway Environmental Center Located At 225 And 333 Shoreway Road with the following changes:
Replace the first sentence in the second to last paragraph on Page 3 of the Resolution to read as follows:No planning or tree removal permits from the City of Redwood City are needed for the proposed project, and the project complies with the City of Redwood City zoning requirements for the portion of the project site within that City.
Replace the eighth paragraph on Page 4, to read as follows:
The extension of hours into the evening will be for solid waste processing conducted within the buildings and will not involve additional truck trips off-site during this time.
Amending Condition No. 10 as set out in the Supplemental Staff Report dated July 21, 2008:
Motion passed 3-0.
M/S Iwasa/Shugart that the Planning Commission adopt a Resolution of the Planning Commission of the City Of San Carlos Approving an Architectural Review Permit for the Shoreway Environmental Center Located at 225 And 333 Shoreway Road, San Carlos.
Motion passed 3-0.
Chair Phillips advised of the 10 day right of appeal.
b) Consideration of a GRADING AND DIRT HAUL PERMIT pursuant to San Carlos Municipal Code Chapter 12.08 to permit grading over 1,000 cubic yards of dirt and Chapter 15.36 to permit associated dirt hauling for the first phase, relocation of the weigh scale facilities and construction of a roadway crossing over the transfer station tunnel, of the proposed improvements to and expansion of the existing Shoreway Disposal and Recycling Center project located at 225/333 Shoreway Road.
Chair Phillips introduced the item, waved staff presentation as the report was included in item IV. a).He asked the applicant and audience if anyone wishes to speak.Hearing none he Motion to close the Public Hearing.
M/S Iwasa/Shugart to close the Public Hearing.Motion passed 3-0.
Chair Phillips asked for Commission comments.
Commissioner Iwasa inquired about hour of operation for the grading and dirt haul permit.She advised staff of a numbering error in the Grading and Dirt Haul Certificate and a correction on page 5 of the staff report.
Colette Meunier, Contract Planner, suggested that the mitigation measure of the Mitigated Negative Declaration serve as conditions regarding noise.
Deborah Nelson, Planning Manager, suggested added language and the Grading and Dirt Haul certificate to reflect the Mitigated Negative Declaration.
M/S Iwasa/Shugart that the Planning Commission approve the Grading and Dirt Haul Certificate based on the, Mitigated Negative Declaration for the Shoreway Environmental Project, the findings and for the reasons stated in the Staff Report and subject to the conditions of approval as incorporated in the Grading and Dirt Haul Certificate, including an added condition requiring compliance with the mitigation measures of the Mitigated Negative Declaration.
Motion passed 3-0.
Chair Phillips advised of the 10 day right of appeal.
c)Appeal of the decision by the Zoning Administrator to allow the use of a retail food sales establishment with a public area greater than 30% and Use Permit for a Parking Exception for Red Mango at 852 Laurel Street, San Carlos, (Assessor’s Parcel Number 050 163 380).
Chair Phillips introduced the item and described the procedure for Public Hearing.
Apollo Rojas, Planning Technician, presented the item.
Commissioner Shugart asked the significance of 6 months vacancy relative to the Parking Exception.
Planning Manager, Deborah Nelson, explained that the non-conforming use provisions of the Zoning Code relative to parking non-conformities allows replacement use in a tenant space within 6 months of vacancy.After 6 months of vacancy, the new use must apply for the exception.
Chair Phillips invited the appellant to speak.
Nick Kaufman, Appellant, thanked the Commission for the opportunity to be before them.He commented that on page 3 of the staff report, the last sentence of the paragraph attributed to his comments under Public Comment at the Zoning Administrator Hearing is not correct.He did not express this sentiment.He questioned the impartiality of the author of the report.He noted that the former Bell Market site is soon to be occupied and parking needs will increase.He commented that other uses for occupancy of the site had been turned down by staff.He commented that the report lacked analysis of impact andsuggested that more analysis is required.
Chair Phillips asked Commissioners if they had questions of the Appellant.Hearing none, he asked for other speakers.
Yul Kwan, Franchisee of Red Mango, introduced himself and his two partners.He said he wanted to give the Commission some background about their business.He said they have opened one store on University Avenue in Palo Alto and in addition to the 852 Laurel Street site, they are looking for a third location.He indicated that the Palo Alto store holds fundraisers for charitable causes, is a healthy alternative food, attracts downtown workers and families and serves as a gathering place for young people.He presented a parking analysis conducted by Fehr and Peers, Transportation Consultants.He noted that the report concludes there are no parking problems.He indicated that the delay in opening has been a hardship.
Commissioner Iwasa asked if Red Mango is a franchise.
Commissioner Shugart asked about the authority provided to the Commission through the Economic Development Plan.She also asked about the Red Mango product.
Deputy City Attorney, Greg Rubens, replied that there is nothing in the code that controls competition.
Planning Manager, Deborah Nelson, provided background about the Economic Development Plan adopted in July 2007, about the downtown district moratorium and the changes to the code which adopted language in the definitions section of the code that speak to economic vitality.She noted that the City Council chose not to include economic finding in the code.
Yul Kwan, Franchisee of Red Mango, stated that in Palo Alto the Red Mango site does not cannibalize other similar uses.He described the ingredients of the product at Red Mango.
Zeden Jones, Architect for Red Mango, spoke about the parking study and said it concluded that only ½ of the available parking is utilized.He stated that the sales volume is less than indicated in the report.
Mark Young, Franchisee of Red Mango, described the criteria he and the other franchise partners looked at when choosing San Carlos.The factors were proximity to schools, churches, parks and the community feel.
Richard Chu, Franchisee of Red Mango, described other cities where like uses have a symbiotic relationship.He described his vision for the store.
Paul Berilacqua, property owner of 852 Laurel Street, indicated he is a San Carlos resident and sought a good use for the community.The site was vacant for 18 months with lots of interest but for business which were not permitted or not viable.
Anne Camilleri, property owner of the Harmony Yogurt building and business owner of C&L Hair Salon, commented that she has lived and owned a business in San Carlos for 34 years.She bought the building now occupied by Harmony Yogurt, fixed it up and leased it to Harmony yogurt, who serve 300-500 yogurts per day.She commented that Red Mango is a good business but not at the back door or expense of Harmony Yogurt.She encouraged a moratorium of same like businesses.
Yul Kwan, Franchisee of Red Mango, said he signed a 10 year lease.He said the parking exception would be required no matter what the use.
M/S Shugart/Iwasa to close the Public Hearing.Motion passed 3-0.
Commissioner Shugart stated that if the issue was just parking she would have no issue.She expressed concern that permitting the use would result in replacement of one like business for another.She commented that each business seeks the same employees and customers.
Commissioner Iwasa said she saw this use as an opportunity to bring choice to the community.She equated the like business issue to the numerous Italian Restaurants downtown, all thriving.She complemented the Red Mango franchisees for performing the parking study.She said she had not heard any evidence to convince her to change the findings of the Zoning Administrator.
Chair Phillips stated that controlling competition is not in the Planning Commission purview.He stated that coffee and yogurt are complimentary tenants for the same building.He commented that Harmony Yogurt has a great product and is on the walk from Burton Park to the downtown.He stated he does not see enough evidence to overturn the Zoning Administrator’s decision.
Commissioner Shugart said she is influenced by the Economic Development Plan.
Chair Phillips noted that a similar issue arose when Starbucks moved in to Laurel Street.No one left the Uptown Café to switch to Starbucks.
Deputy City Attorney, Greg Rubens, stated that control of redundant uses is not in the Code.
Commissioner Shugart indicated that she is influenced by Commissioner Iwasa’s comments.
M/S Iwasa/Phillips that the Planning Commission uphold the decision of the Zoning Administrator to allow Red Mango the use of a retail food sales use with a public area greater than 30% and that a Use Permit for a Parking Exception may be granted based on the findings and for the reasons stated in the staff report.
Motion passed 3-0.
Chair Phillips advised of the 10 day right of appeal.
V. Reports, Correspondence and General Information
a) Report on recent City Council actions
None.
b) Planning Commission comments or reports
Commissioner Iwasa reported on the GPAC Forum held July 16, 2008.Another Forum will be held August 2, 2008.The purpose of the Forums is to bring speakers to GPAC for presentation of Planning issues and/or initiatives and allow for questions, answers and dialogue.She also mentioned the GPAC Community wide Workshop on Land Use Alternative to be held July 30th at the Hiller Museum.She said everyone is welcome to attend.
c) Correspondence
Planning Manager Deborah Nelson noted that the Planning Commission packet includes a letter from John Edwards regarding damage to trees at 1866 Carmelita Drive.The Building Division is investigating the matter.
d) Planning Staff comments, reports and updates of current projects
Planning Manager, Deborah Nelson, advised the Commission that the August 4, 2008 Planning Commission meeting will probably be cancelled as there are no items for the Agenda to date.She also advised the Commission of a TOD Marketplace event August 21, 2008 and September 26, 2008.She will provide more detail as it becomes available.
Deputy City Attorney, Greg Rubens, reported that the lawsuit regarding 304 Oakview has been dismissed.
Commissioner Shugart asked Deputy City Attorney Rubens the status the City Attorney recruitment, if he will be an applicant and about attorney staffing for the Planning Commission.Deputy City Attorney Rubens advised them of the process and his role in staffing the Commission and his intentions regarding the recruitment.
VI. Adjournment
Chair Phillips adjourned the meeting at 8:50 P.M.
