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Planning Commission Minutes March 6, 2007

ACTION MINUTES

DALY CITY PLANNING COMMISSION

Regular Meeting

Tuesday, March 6, 2007

Council Chambers, Daly City

 

 

 

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

 

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

                              Absent:               Salamy

                             

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

 

APPROVAL OF MINUTES:  Moved by Commissioner Tallerico, seconded by Commissioner Smith, to approve the minutes of November 8, 2006 and February 6, 2007.  Motion carried 4-0.

 

PUBLIC HEARINGS:

 

10.       Tentative Parcel Map MS06-5 for the merger of three contiguous lots into one lot – 6031 & 6041 Mission Street

 

            Staff report presented by:       Howard Lee, Assistant Planner

 

            Mr. Lee presented the application to merge three lots.  In July 2004, the City Council approved a Use Permit to construct a 12-unit mixed-use, senior affordable housing building.  As part of this project, a Tentative Parcel Map was required to merge the lots to allow development of the site, which is located on Mission Street to the west of Templeton Avenue and near the Daly City and San Francisco border.  The surrounding uses along Mission Street are a combination of commercial, mixed-use and multi-family residential buildings.

 

            Currently there is an existing brick masonry building at 6041 Mission Street and a vacant lot at 6031 Mission Street.  The building was formerly used for an auto repair business.  The subject tentative parcel map is consistent with the General Plan Land Use Policy 1.2, which encourages the City to actively support and continue the efforts of the Daly City Redevelopment Agency to assemble contiguous parcels and maintain the development of available lands to maximize economic benefits.

 

            In conjunction with Use Permit UP04-11, the proposed merger will assemble three contiguous lots thereby increasing the economic viability of the lots.  The site is located in a completely urbanized area, with all public services available. 

 

            Staff reviewed the proposal under the requirement of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt and will not have significant adverse environmental impacts. 

 

            The Public Works Department has requested that its associated conditions of approval be revised and forwarded to the City Council for review.  Commissioner Kelly asked Mr. Lee to tell the Commission specifically what the changes were.  Mr. Lee responded that the conditions in the original staff report were a list of plan check comments and Public Works felt it would be more appropriate to have overall general conditions of approval related to tentative parcel maps, including undergrounding utilities. 

 

            Commissioner Smith commented that she had confirmed with staff that although the site had been an auto body shop at one time, it was not on the list of toxic sites.  She also said that it was her understanding that when the demolition permit was issued, there would be another opportunity to check for toxics on the site. 

 

            Commissioner Tallerico asked if the subdivision should have been approved before the use permit. He felt that it was backwards.  Ms. Mothershead replied that it was not necessary to merge the parcels before being granted a use permit.  There was a condition to that use permit that the applicant merge the parcels. 

 

            No speakers.

 

            COMMISSION ACTION

 

            Moved by Commissioner Smith, seconded by Commissioner Satorre, to close the public hearing. Motion carried 4-0.

 

            Moved by Commissioner Satorre, seconded by Commissioner Tallerico, to adopt the findings as outlined in the staff report of March 6, 2007.  Motion carried 4-0.

 

            Moved by Commissioner Satorre, seconded by Commissioner Tallerico, to affirm the Environmental Assessment.  Motion carried 4-0.

 

            Moved by Commissioner Smith, seconded by Commissioner Satorre, to approve Tentative Parcel Map MS06-5 subject to the Findings and Conditions as outlined in the staff report of March 6, 2007.  Motion carried by unanimous roll call vote.

 

STAFF COMMUNICATIONS:

 

20.              Vacation of unimproved right-of-way at Railroad Avenue and Environmental Assessment to determine General Plan consistency of a vacation of an unimproved public right-of-way.

 

            Staff report presented by:       Tatum Mothershead, Senior Planner

 

            Ms. Mothershead explained that Daly City is requesting approval of a vacation of a portion of an unimproved right-of-way known as Railroad Avenue.  Prior to the vacation being approved by the City Council, the Planning Commission must find that the vacation will be consistent with the General Plan and review the proposal under the provisions of CEQA.  The Planning Commission is not reviewing the actual vacation of the right-of-way.  The City Council will review this request at their regularly scheduled meeting of April 9, 2007. 

 

            The subject right-of-way is located east of the Dunn Edwards building on Junipero Serra Boulevard and extends from Citrus Avenue to School Street.  The portion of right-of-way being considered for vacation is the unimproved portion adjacent to Dunn Edwards extending southward for a total distance of 444.19 feet.

 

            Railroad Avenue was included in the original subdivision of the immediate area that occurred in 1891, but the right-of-way was never improved.  The underlying property of the right-of-way originally belonged to Southern Pacific Railroad.  Over time the right-of-way has been used for utilities such as water, storm drains, power and cable.  In 1968, when the Dunn Edwards building was constructed, a portion of that building was constructed on the right-of-way with a lease agreement that was approved by Southern Pacific.  Later, the underlying property was conveyed to the City of Daly City and the Redevelopment Agency. 

 

            There are known existing public utilities within the right-of-way and they are expected to remain and easements will be granted to allow the continued access and maintenance of those facilities. If the right-of-way is vacated, portions of the surface of the right-of-way area may be conveyed or leased to the owners of the Dunn Edwards property.  The terms of the use and potential compensation for such a conveyance are to be approved by the City Council and are not for consideration by the Planning Commission.

 

            Railroad Avenue has never been improved to provide vehicular or pedestrian access and therefore, the vacation of said right-of-way would not result in the loss of existing vehicular or pedestrian access.  The proposal also includes easements for the existing utilities that occupy the site. 

 

            Staff recommends that the Planning Commission make findings that the project is consistent with the Circulation Element of the General Plan and that the project would not have a significant impact on the environment and affirm a Categorical Exemption.

 

            No speakers.

 

            COMMISSION ACTION

 

            Moved by Commissioner Tallerico, seconded by Commissioner Satorre, to adopt the findings as outlined in the staff report of March 6, 2007. Motion carried 4-0.

 

            Commissioner Smith commented that since the property had not been evaluated and is in the Redevelopment area, she hoped that the City would have an appraisal to make sure that the public realizes some benefit from whatever the eventual conveyance is.

 

            Moved by Commissioner Smith, seconded by Commissioner Tallerico, to affirm the Environmental Assessment..  Motion carried 4-0.

 

            Moved by Commissioner Tallerico, seconded by Commissioner Smith, to affirm that the vacation of the right-of-way is consistent with the Daly City General Plan.  Motion carried by unanimous roll call vote.

 

ADJOURNMENT:

 

            Moved by Commissioner Tallerico, seconded by Commissioner Satorre, to adjourn at 7:20 p.m.

 

                                                                        Respectfully submitted,

 

 

 

                                                                        Terry Sedik

                                                                        Director of Economic and Community Development