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Planning Commission Minutes of May 6, 2008

ACTION MINUTES

DALY CITY PLANNING COMMISSION

Regular Meeting

Tuesday, May 6, 2008

Council Chambers, Daly City

 

 

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

 

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

                              Absent:               Tallerico

 

      Staff Present:     Schott, Berger, Mothershead, Naughton, Engfer, and Courtney

 

APPROVAL OF MINUTES:  Moved by Commissioner Kelly, seconded by Commissioner Smith, to approve the minutes of April 1, 2008.  Motion carried 4-0.

 

PUBLIC HEARINGS:

 

10.       Use Permit UP08-3 and Environmental Assessment to construct new three-story residential duplex – 726 Niantic Avenue (near Westlake Avenue)

 

Staff report presented by:       Steve Engfer, Assistant Planner

 

Mr. Engfer explained in 2005 there had been an approved use permit for the site; however, work did not commence and subsequently a transfer of ownership.  Progress was not made within the year required by code; therefore, a new use permit was required. During a visual presentation, Mr. Engfer said a duplex is allowed in the R1A zoning with a use permit and went on to describe the project site, noting the current house is dilapidated and there are code enforcement issues.  Parking will consist of four spaces in the garage and two in the driveway which exceeds current parking code requirements.  Mr. Engfer reviewed the project elevations, floor plans for each level, site setbacks, and design features.

 

In response to an inquiry from the Commissioners, Mr. Engfer described how the rear stairwell, in accordance with all current building codes, will be enclosed.  Chair Satorre sought reassurance that the project would be completed.  Ms. Mothershead explained, beyond approving the project, the City does not have any recourse to require the project go forward to completion.  Mr. Engfer said the applicant was eager to improve his property and the neighborhood overall and that the applicant, Mr. John Tam, was present.

 

Commissioner Smith addressed a letter received in opposition which referred to existing parking problems.  Commissioner Smith restated six parking spaces will be provided and stated conditions of approval include provisions prohibiting individual room leases and the storage of items in designated parking areas in the garage.

 

The Commissioners agreed the project will be a welcome addition to the neighborhood.

 

No members of the public spoke on this item.          

 

            COMMISSION ACTION

 

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

 

            Moved by Commissioner Salamy, seconded by Commissioner Kelly, to adopt the findings as outlined in the staff report of May 6, 2008.  Motion carried 4-0.

 

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

 

            Moved by Commissioner Kelly, seconded by Commissioner Salamy, to approve Use Permit UP08-3 subject to the Findings and Conditions as outlined in the staff report of May 6, 2008.  Motion carried by unanimous roll call vote.

 

11.       Use Permit UP08-4 and Environmental Assessment for operation of a therapeutic massage clinic franchise – 494 Westlake Center, Suite W101

 

Staff report presented by:       Jeanne Naughton, Associate Planner

 

Ms. Naughton reviewed the applicants’ request to obtain a use permit to operate a therapeutic massage clinic franchise, Massage Envy, in the Westlake Shopping Center.  The PD60 zoning standards for Westlake Shopping Center require a use permit for the proposed use.  Massage Envy is a membership-based massage therapy clinic, first opened in Arizona in 2002, with over 700 clinics nationwide.  Ms. Naughton described the subject tenant space, the surrounding uses, garage parking, the interior space floor plan, and hours of operation.

 

Establishments offering massage therapy services are regulated by Title 5 of the Daly City Municipal Code with enforcement responsibility vested in the Chief of Police.  After the use permit has been reviewed and approved by the City Council, Massage Envy will be required to go through a succeeding Police Department review process.  Ms. Naughton concluded her presentation with staff’s recommendation for approval

 

At the request of Commissioner Smith, Ms. Mothershead clarified a use permit is normally valid for five years following approval.  Commissioner Smith asked if staff was aware of any complaints or problems at any of the other Bay Area Massage Envy locations.  Ms. Naughton replied they were not.

 

                        Speakers:        Angeline Stafford, applicant

                                                Nicole J. Hauscarriague, Representing Westlake Shopping Center

 

In response to Chair Satorre’s inquiry, the application listed the various types of massages available.  Ms. Hauscarrigue, representing Westlake Shopping Center, stated emphatically Massage Envy is paramount in their professionalism.

 

            COMMISSION ACTION

 

Commissioner Kelly recused herself from voting on this item as she resides within five hundred feet of the proposed business site.

 

            Moved by Commissioner Smith, seconded by Commissioner Salamy, to close the public hearing. Motion carried 3-0.

 

            Moved by Commissioner Salamy, seconded by Commissioner Smith, to adopt the findings as outlined in the staff report of May 6, 2008.  Motion carried 3-0 .

 

            Moved by Commissioner Salamy, seconded by Commissioner Smith, to affirm the Environmental Assessment.  Motion carried 3-0 .

 

            Moved by Commissioner Salamy, seconded by Commissioner Kelly, to approve Use Permit UP08-4 subject to the Findings and Conditions as outlined in the staff report of May 6, 2008.  Motion carried by unanimous roll call vote.

 

            STAFF COMMUNICATION:

            Chair Satorre and Ms. Mothershead invited those in attendance, and the viewing audience, to the upcoming General Plan community workshop this week on Thursday, May 8, 2008, 7 pm to 9 pm, in the War Memorial Activity Room.

 

ADJOURNMENT:

 

            Meeting adjourned by Chair Satorre at 7:25 p.m.

 

 

                                                                        Respectfully submitted,

 

 

 

                                                                        Richard Berger

                                                                        Director of Economic and Community Development