Planning Commission Minutes Feb. 6, 2007



Regular Meeting

Tuesday, February 6, 2007

Council Chambers, Daly City




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


ROLL CALL:         Present:             Smith, Satorre, Salamy, Kelly, and Tallerico


      Staff Present:     Sedik, Berger, Schott, Mothershead, and DeFries


ELECTION OF OFFICERS:  Commissioner Tallerico nominated Commissioner Kelly as Chair.  Commissioner Satorre seconded the nomination and it was carried unanimously.  Commissioner Salamy thanked everyone for allowing her to be Chair for the past two years.  Commissioner Salamy nominated Commissioner Satorre as Vice Chair, Commissioner Tallerico seconded the nomination and it was carried unanimously. 


Commissioner Satorre stated that he wanted to make an observation after watching the tape of the last meeting.  He said there were four motions and there were procedural lapses made by the Chair on Motion Three.  When Commissioner Smith made a subsequent motion to the main motion regarding the certification of the Mitigated Negative Declaration, the secondary motion was denied without doing the regular exercise of discussing it.  He felt there was an error in procedure.  As a Commissioner, he feels he should have had the opportunity to talk about the issues that the motion brought up.  He felt rushed and unable to ask questions.  He felt that Commissioner Smith meant “commit” rather than “table.” 


Commissioner Smith stated that she felt she was able to ask the questions that she wanted to and she felt good about the study session where the Commission and staff talked about the process of conducting meetings.  She also stated that as the person who made the motion, she was satisfied with the minutes.


Mr. Sedik said that he understood Commissioner Satorre’s concerns, but didn’t think that would change the minutes and he felt this issue was addressed in the study session.  He said staff would go back and look at the tape and give a report at the next meeting. 


APPROVAL OF MINUTES:  Moved by Commissioner Tallerico, seconded by Commissioner Satorre, to continue the approval of the minutes of November 8, 2006 to the next regular meeting. Motion carried 5-0.






10.              CEQA determination for a lease agreement between Daly City and the Cow Palace


            Staff report presented by:       Tatum Mothershead, Senior Planner


            Ms. Mothershead explained that the Daly City Redevelopment Agency was considering a ground lease for a 12.97 acre portion of the Cow Palace property.  Prior to leasing, the Planning Commission must affirm an environmental review of the proposal under the provisions of the California Environmental Quality Act.


            Ms. Mothershead gave a brief history of the proposal, stating that in June 1999, the City Council approved the Bayshore Redevelopment Plan.  The key component to the redevelopment strategy is to bring in neighborhood serving commercial uses to the area. 


            A Draft Cow Palace Master Plan was prepared for the 37-acre site west of the Cow Palace main entrance on Geneva Avenue.  The Redevelopment Agency, the Cow Palace, and the Syufy family are the three separate property owners of that 37-acre parcel.  The Master Plan calls for development of this area to be comprised of commercial, residential, and public open space.  The main objective is a neighborhood shopping center that would be anchored by a supermarket. 


            The lease that is being considered is the first step in implementing the objectives of the Cow Palace Master Plan by making the State owned property available for development.  Once the lease is approved, the Agency will send out a Request for Qualifications for the development of the site.  After the selection of a developer and preparation of a development proposal, that project will be subject to further CEQA review.  Staff anticipates an Environmental Impact Report will be required for the proposal.


            The Planning Commission’s review is to address any environmental impacts that would result from the execution of the proposed lease only, not for development of the site.  The Commission is not reviewing the business terms of the lease either. The lease acknowledges that there is no specific development proposed and that subsequent environmental review will be required when a project is more defined.  The Commission is not being asked to review the business terms of the draft lease. 


            Speakers:        George Mockridge, Saddleback Homeowners’ Association

                                    Joseph Keh, Bayshore resident


            Mr. Mockridge asked if there was currently anything going on at the Daly City site because it appears that there is grading going on.  Mr. Sedik replied that there was grading going on at the Syufy site, but the Daly City site was being used by a contractor to store grindings for future recycling.  Mr. Mockridge asked what authorization Syufy had for the work on their site.  Mr. Sedik responded that they had a grading permit from Public Works. 


            Commissioner Tallerico asked if this project was near or had anything to do with Midway Village.  Mr. Sedik replied no and explained that Midway Village is on the eastern flank of the Bayshore neighborhood and this project was in the western area.  Commissioner Smith had a comment on the Initial Study, which stated that the site is not included on the hazardous materials sites list compiled by the County and spoke to staff regarding this. 


            Commissioner Tallerico asked if the proposed lease was long term and if there would be problems getting all three property owners to agree. Mr. Sedik responded that this Negative Declaration addresses the 12.9 acres, which is the upper parking lot of the Cow Palace only.  It is a proposed long term ground lease.  It is proposed to be a 55-year lease with a 25-year extension, which the City feels is sufficient time for a developer to secure funding to finance a development. Commissioner Tallerico asked if the Redevelopment Agency or City would have to make a lease with the Syufys.  Mr. Sedik explained that once the City has secured a lease with the Cow Palace, then they would sit down with the Syufy interest.  The Syufys have expressed an interest in being a developer in this project. 


            Commissioner Satorre asked if it was part of General Plan.  Ms. Mothershead referenced Policy 2.4 of the Land Use Element, which calls for review and consideration of alternative land uses for the Cow Palace.  The land use designation for the site is Government, which would require a General Plan amendment for further development on the site. 


            Commissioner Smith asked if staff could elaborate on any conditions for Open Space in the future development.  Mr. Sedik answered that the Master Plan was for the entire 37 acres and as a part of that, the designer was asked to look at open space amenities.  They designed a variety of different alternatives that had boulevards, plazas, and different public open space amenities.  The concept of the Master Plan was to spell out the things we would like to see in a development, but not necessarily say this is exactly what must be approved.  The plan is to find a developer and have them prepare a plan for this site.  We are anticipating that it will include public spaces, commercial, and residential. Any proposed development will come forward for zoning entitlements, which Planning Commission will then review. 


            Commissioner Tallerico asked if the Bayshore residents would be included in study sessions for the project.  Mr. Sedik responded that he couldn’t speak for the future, but there was a Council Committee involved in the Master Plan and also a large Bayshore Advisory Committee, comprised of residents and merchants in the area.  He stated that they wanted to bring some neighborhood serving commercial to the area and there was a great need for a supermarket.  The area is currently underserved. 


            Commissioner Satorre asked why the lease would be for only a 55 years.  Mr. Sedik explained that the Cow Palace did not want to sell the property and would accept a 55-year lease.  It is also viable from a developer’s perspective.


            Joseph Keh thanked Adrienne Tissier, City Council and Terry Sedik for working so hard to bring services to the Bayshore community.




            Moved by Commissioner Smith, seconded by Commissioner Salamy, to close the public hearing. Motion carried 5-0.


            Moved by Commissioner Smith, seconded by Commissioner Salamy, to adopt the findings as outlined in the staff report of February 6, 2007.  Motion carried 5-0.


            Moved by Commissioner Tallerico, seconded by Commissioner Salamy, to affirm the Environmental Assessment.  Motion carried by unanimous roll call vote.




            Moved by Commissioner Tallerico, seconded by Commissioner Salamy, to adjourn at 7:35 p.m.


                                                                        Respectfully submitted,




                                                                        Terry Sedik

                                                                        Director of Economic and Community Development