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Planning Commission Minutes Sept. 4, 2007

ACTION MINUTES

DALY CITY PLANNING COMMISSION

Regular Meeting

Tuesday, September 4, 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:     Berger, Schott, Mothershead, Van Lonkhuysen, and DeFries

 

APPROVAL OF MINUTES:  Moved by Commissioner Satorre, seconded by Commissioner Tallerico, to approve the minutes of August 7, 2007.  Motion carried 4-0.

 

PUBLIC HEARINGS:

 

10.       Minor Subdivision MS07-1 and Environmental Assessment to subdivide one lot into two lots – 860 Brunswick Street

 

            Staff report presented by:       Michael Van Lonkhuysen, Associate Planner

 

            Mr. Van Lonkhuysen presented the request by Mr. John O’Rourke to obtain parcel map approval to create one new lot behind the existing lot at 860 Brunswick Street.  The parcel is located partially in Daly City and partially in the City and County of San Francisco.  The applicant is required to obtain parcel map approval from both jurisdictions. 

 

            This parcel map was approved by the Planning Commission and City Council in 2004, but the applicant never completed water line improvements that were required as a part of that parcel map application and as part of actually having built two homes at 850 E & F Brunswick Street.  The water line improvements have since been installed and approved by the City, so the applicant is now moving forward with the parcel map application, which is the last step in a long code enforcement case that the City has been undertaking.

 

            Commissioner Tallerico asked if the code enforcement case was still open.  Mr. Van Lonkhuysen replied that it has been closed.  He then described the common driveway that serves 850A – 850F Brunswick.  It is a 20’ driveway and utility easement.  He pointed out that all of the homes in the back were permitted through San Francisco and the City of Daly City has no jurisdiction relating to permits and inspections.  One of the issues with this property had been that a garden hose was being used to provide water to 850E, but this has been remedied and now all the lots have proper water connections.

 

            Speakers:        John O’ Rourke, applicant

 

            Commissioner Smith had a concern regarding the long standing hose situation and the serious code and health and safety violations.  She asked the applicant to explain.  Mr. O’Rourke responded that San Francisco couldn’t supply water because their main ended at Oliver Street.  As a result he had to start the process with Daly City and it took him some time to get the money together to proceed with the job.  He built the house, but was never the owner of the house. 

 

            Mr. Van Lonkhuysen then pointed out the amended Conditions of Approval from Public Works. They were updated because a lot of the conditions in the staff report had already been met. 

 

            COMMISSION ACTION

 

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

 

            Moved by Commissioner Tallerico, seconded by Commissioner Satorre, to adopt the findings as outlined in the staff report of September 4, 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 Satorre, seconded by Commissioner Tallerico, to approve Minor Subdivision MS07-1 subject to the Findings and Conditions as outlined and amended in the staff report of September 4, 2007.  Motion carried by a unanimous roll call vote.

 

11.              Coastal Use Permit UP07-2 and Environmental Assessment for a new deck enclosure in the Resource Protection Zone – 24 Palisades Drive

 

Ms. Mothershead presented the request for approval to legalize the construction of an enclosed deck at the rear of the residence at 24 Palisades Drive.  Directly to the west of the site is GGNRA property and then the ocean.  The project site is zoned R-1 (Single-family residential) and is also in the Resource Protection Combining District, which means that any building additions require a Coastal Development Permit or, in this case, a use permit for construction. 

 

The case came about as a code enforcement reported by a neighbor concerned about the activity going on at the site.  It was confirmed that no building permits for the deck had been issued and the property owner was required to get a use permit and subsequently a building permit.  The plans that were submitted indicate that the rear stairs will be relocated closer to the deck rather than at the fence line.  If a use permit and building permit are approved, the broken glass and plywood would be removed and replaced with new tempered glass.

 

The proposed deck is about 250 square feet.  As proposed it complies with all the R-1 zoning standards.  The applicant did submit a geotechnical report which is a requirement for additions in the coastal zone.  The geotechnical report found that the site could accommodate this addition.  The geotech engineer came up with a series of recommendations and they are included as Conditions of Approval and are required for building permit issuance. 

 

Commissioner Satorre asked about the letters sent by neighbors. 

 

            Speakers:        Briceida Ryan, applicant/property owner

 

            Ms. Ryan stated that she hadn’t seen the letters and it was news to her.  No one had ever complained directly to her.

 

            Commissioner Tallerico had questions about the code enforcement.  Ms. Mothershead stated that it was initiated for illegal construction.  He was also concerned that the enclosed deck could be converted to living space and possibly a second unit.   Ms. Ryan assured him that she has done everything she’s been asked to do and the deck is only a sunroom, not a bedroom.

 

 

            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 September 4, 2007.  Motion carried 4-0.

 

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

 

            Moved by Commissioner Tallerico, seconded by Commissioner Satorre, to approve Coastal Use Permit UP07-2 subject to the Findings and Conditions outlined in the staff report of September 4, 2007.  Motion carried by a unanimous roll call vote.

 

            STAFF COMMUNICATIONS:

 

            Chair Kelly announced that Mr. Sedik is retiring and this was his last Planning Commission meeting. She thanked him for his years of service and devotion to Daly City.  Commissioner Satorre thanked Mr. Sedik and said he was the epitome of a public servant and we need his expertise and wisdom.  Commissioner Tallerico congratulated Mr. Berger on assuming Mr. Sedik’s position. 

 

            Chair Kelly stated that she wanted to report back to the Commission as promised that the General Plan Steering Committee had an introductory meeting and had scheduled the next two meetings. 

 

            Commissioner Satorre wished a happy birthday to Commissioner Smith’s mother, who will be 96 on Saturday.

 

ADJOURNMENT:

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

 

                                                                        Respectfully submitted,

 

 

                                                                        Richard Berger

                                                                        Director of Economic and Community Development