Planning Commission - Regular Meeting

Bye.

Alan, are you saying something?

Yes, I hear you now.

Okay, yeah. The mics weren't on at first, so we're going to start now.

Great.

Recording in progress.

Welcome everyone to the Planning Commission meeting of September 15th. Can we do the roll call?

Commissioner Chan?

Present.

Commissioner Quigg? Present. commissioner Wong president vice chair trade president chair Davis here. I'll commit planning commissioners are present with commissioner while attending virtually.

And with that, I am to read this. Now, uh, the city staff has received a request for virtual meeting participation under AB 24 49 and the Brown act for commissioner Wong. Commissioner Wong, there are a few legal requirements to participate remotely. We have prepared three questions to address these requirements that we ask you answer. Please generally describe the circumstances related to the need to participate remotely.

Yes, I'm remoting due to taking care of an elderly parent.

Thank you. And you have audio and video and it will happen through the whole meeting. You don't anticipate any problems. Lastly, please disclose if there are any individuals over the age of 18 present in the room, and if so, the general nature of the relationship with you.

There is no one else in the room.

No one else is there. No further action is needed if the requester is joining under just cause, which they are, and we're good.

Great. Thank you very much.

Thank you. All right. With all of us here, next is the Pledge of Allegiance. Alrighty. Agenda review. Do we have any questions on the agenda or reasons to shuffle it? Nope. Okay. Terrific. We have one set of minutes to approve from August 18th. Any corrections, questions or motions?

Yes, I believe under the Planning Commissioner announcements, Millbrae Volunteer of the Year award winners, Sherry Terese's name is misspelled.

You're right.

It should be S-H-A-R-I-N-T-E-R-E-S-I, I believe.

Is she S-H-A-R-I-N-T-E-R-E-S-I?

That's what I have in my, I just searched in my email, and that's what I found, yeah. Oh, yeah, it's actually in the announcement, too.

Oh, there you go. Here.

Right.

S-H-A-R-I. Teresi is T E R E S I. Thank you, commissioner. Thank you, chair. Thank you for catching that. Any with that change made anything else? Oh, we have to do all voting this week because Commissioner Wong is remote, so we have to do everything verbally tonight.

Move approval of the minutes with the changes. Thank you. Second.

No, Kathy, we're not doing the buttons.

Oh, sorry.

No buttons, Kathy. Not this week because of Alan being remote. We have to do my voice. Okay, so we have a motion. Second. And a second. And your votes?

Commissioner Chan?

Yes.

Commissioner Quigg? Yes. Commissioner Wong? Yes.

Yes.

Chair Choi. Chair Davis. Yes. Thank you. Motion passes five zero.

Thank you. Public communications is up next. This is time set aside on the agenda for the public to address us on a topic that is in our purview, but not on tonight's agenda. Are there any speaker slips or hands raised on zoom? There are no speaker slips or hands raised on zoom. Alrighty. Moving on from that. Next up is a public hearing. 131 el camino real it's a public hearing to consider a conditional use permit to allow the installation of an approximately 300 square feet outdoor produce display area along the sidewalk fronting on an existing grocery store sun's market zone residential mixed use within the mulberry station area specific plan um

Yes, I believe I live too close to the project site to be present for the discussion and vote on this item.

So I will, you will sit outside and not listen to us. And we will call you back when we are through. Thank you very much. Already. Does the Yes, you're there. Staff report. Thank you. It was the door.

Hi, good evening. Taking the time to hear. Oh, hello. Uh, good evening commissioners. Um, the project before you today, um, at one 31 El Camino real, under project number 202534 is the consideration of an outdoor produce display along El Camino in front of the Suns Market. Next slide. Next slide. Next slide. All right. Sons Market has been operating at the existing address location and has requested to extend its produce display area of approximately 300 square feet outside the immediate entrance while maintaining ample space for pedestrian traffic. The location identified on the screen is the approximate area for the produce bins and produce display shelves proposed by the applicant. This is a site plan identifying both the internal area of Suns Market as well as the Approximately 300 square foot produce area that would be approximately five maximum produce bins and two to three produce shelves. Next slide. The zoomed in area identifies the availability of pedestrian Walking area that will be free and clear for the duration of the produce display Set up the setup will occur at the opening prior to opening each day and stowed away at the end of closing each day So that the sidewalk is maintained free and clear for evening pedestrian Next slide please I The picture on the left is the current display area with the state required parasols to cover any produce that's out in display. On the right is an example of the proposed cardboard bins that will not have any markings that are conditioned to be replaced if they are damaged, torn, have any type of liquid stain. Next slide, please. These are the two produce bins that would be displays at the store's entrance. And again, just like the produce bins to the north of the entrance, they would be put away at the end of each closing every day. Next slide, please. So I asked that, so the findings for the conditional use permit is that the use as proposed would not be detrimental to health, safety, morals, comfort, and welfare of the persons residing and working in the neighborhood. That the establishment, maintenance, or operation of the use applied under the circumstances of the particular case, not be detrimental to property or improvements in the neighborhood for such proposals. Staff recommends that the Planning Commission review the project, consider the public testimony and the findings as presented, and consider adopting the attached resolution approving a conditional application to allow the display of produce at the market entrance located within the Millbrae Station area specific plan under the residential mixed use. Bell for any questions.

Does anybody have any clarifying questions?

Yes. So it seems like the plan and the photos suggest this, but I'm going to ask anyways. Have we confirmed that with the display in place that there's still a clear path for wheelchair and accessibility path of travel? Excellent question, Commissioner.

The building department has also reviewed the proposed plans and stated that up to 60 inches from the entrance of the door remain free and clear of all produce displays. that at least a 60 inch path of travel along the sidewalk marine free and clear the duration of the day while the produce displays right thank you a 60 zero five feet yeah

when these items are out on display like that um i know i heard you say that there was something to protect the sun but does the health department look at anything like that when it's outside the um the particular regulation in effect uh is a state mandated regulation for food safety and handling there also is

San Mateo County's Health Department also regulates how food handling takes place in the store. And they might just do inspections. And they might pass by it randomly. That's why the awning and freestanding parasols, which also would be removed at the end of the day, are there to cover any uncooked produce.

Okay. Thank you. Thank you. Miss Lee, do you have anything you want to add, or do we have any questions for the owner?

Both Miss Lee and her husband are here to provide any statements or further explanation. Oh, sorry.

Okay. Today I'm here representing Central Market, and we are... And we are proposing a plan to display our products in front of our stores, which are the drawings that were submitted last month. We believe that our outdoor produce needs to be displayed in order to attract customers by creating a visible and interest in our products and display its value. The display racks and the stands are going to make it look a lot better to make it look well organized and more of a comfortable display. It ensures that the shoppers will have a more enjoyable experience and browsing on our products leading to a better customer experience. It would also make the value of our products shine out, which will influence the product's purchasing decisions. Going forward with this plan would improve the social interactions and also would promote local and economical growth for our city. And it would also leave eight feet of walking space for the public to use while shopping.

Thank you. Can I ask one question? Hopefully none of the fruit is falling on the ground and making a mess, but how often do we clean the sidewalks? Is there a schedule or just as needed?

Yes, so we have employees scraping the sidewalk with brooms, making sure that there's no produce on the ground. And if there is, we'll tell them and make sure to use detergent to clean out the...

Thank you. Any other questions?

I don't know if it's a question. Thank you for your presentation. You did very well.

Thank you.

Yeah. It's not easy to get up there and do that. Right now, what you're showing us is lovely. And I've had... driven around and gone in different neighborhoods and the displays are wonderful I've also gone around and the nice boxes and bins get kind of torn and the stands the shelves get not so nice and pretty soon it doesn't look so nice what you're showing us is fabulous and i have no problem with it um and maureen's question is very good because you're probably going to have to have the street power washed i would think with so many people i'm anticipating great business for you um you know things it you know produce is not the cleanest product, you know. So I have some concerns about that. Is there any way that we can, and I'm asking, I'm sorry if I'm moving around, but of staff to monitor?

We've actually included a condition in attachment one, number five. All produce bins and stands must be maintained in a neat, clean and sanitary condition and in good repair at all times. Any carton style bins exhibiting signs of damage, including but not limited to staining, discoloration, tearing, graffiti or structural compromise must be immediately removed from service and replace.

And I understand. How do we monitor it because it's what one person thinks is not good anymore the other person says it's fine it's it's so subjective and um i'm only bringing this up because we have a few others in town that showed us pictures just like this and doesn't end up being like this so i'm glad we have the condition there but how you know is this subjective what can we do any more than that by approving this conditional use permit they would be subject to code enforcement inspections and action

what would typically occur is a call from the public informing that, um, this particular operator is outside of their conditions of approval and that, uh, uh, code enforcement officer should come by and in fact, um, it would be then that the code enforcement officer would make a determination that those produce bins should be replaced for the conditions of requirements.

Okay. Um, just encountered it so many times and it's just kind of annoying but it's subjective however there is an enforcement mechanism so that if it's blatant it can be corrected you know when the fruit is outside um especially in the daytime it it gets leaky and you know So that's why a lot of attention is all I'm saying.

Definitely. And that's why we wanted to include that condition so that it doesn't deteriorate over time. And, and it's not a subjective issue.

Thank you, Commissioner Wong. I don't want to forget you're out there. Do you have any questions clarifying for now?

No, I don't have any questions for the applicants.

Thank you very much. Any others? Good. Okay. Thank you very much. Thank you, commissioners. Next step would be public comment. Is there any speaker slips? Hands raised. We have no speaker slips or hands raised. And do we have to vote to close public comments? Me too. Can we get a motion? Okay. Motion. I'll second second and your votes. Okay.

Commissioner Quigg? Yes. Commissioner Wong?

Yes.

Vice Chair Choi?

Yes.

Chair Davis? Yes. Thank you. Motion passes 4-0-1. Public comment is now closed.

Thank you. Now it's time for discussion. Motions? Anybody? Commissioner Wong, do you have anything you want to add?

I think that just a couple of comments on this walkway in front of the building. I know there's plenty of space in the diagram and the schematic shows about seven feet of walking space in front of the storefront with the carts there. So there's plenty of space. I think that there's activity in the market in that area, and I think this would liven up the area. I think that it behooves the owner to keep it clean and presentable and to attract business. I have no doubt that they'll do that. looks a little bit to me like a temporary situation. I'm not sure about all the rules and regulations because even if they have an awning or a storefront awning, you know, at certain times of the day, you get the morning sun and maybe shining through onto the produce. And then what are you going to do? Keep moving your awning and your umbrella. So, but I'll let the regulation The carts are nice. The bins, hopefully, if they're on pallets, they're easy to move and move inside each day because they look pretty heavy. But other than that, we welcome this. I think that we're always striving to have you know street fairs and concessions and traffic and i think this could add and to that as long as we abide by the rules thank you videos um i'll say i think the the display as shown to us in this presentation

And then the signage is at this location. liven what that frontage of the building is. I share Commissioner Quick's concern about keeping cleanliness. I think because it's a multi-unit housing, I think the neighbors would be as concerned, if not more, than we are. And certainly I'm sure they'll bring it to the business attention as well as the city's if something doesn't seem right. And then, of course, I would make sure that the streets are kept clear to make sure that it's well maintained, of course. to commissioner wong's point um it's to the business benefit to keep it in proper order thank you thank you do we have a motion i'll move um i will move to approve the conditional use permit application oh this one okay application to allow the installation of an outdoor produce display area along the sidewalk in front of the existing grocery store since market zoned residential makes use within the millbrae station area specific plan thank you thank you on our votes commissioner quake yes commissioner wong

Yes.

Vice Chair Choi? Aye. Chair Davis? Yes. Thank you. Motion passes 4-0-1 with Commissioner Chan refusing.

Thank you. The action of the Planning Commission is considered final pending a 10-day appeal period and the payment of a required appeal fee. For anyone that wishes to appeal the decision of the Planning Commission, please contact the City Clerk at 650-259-2414 or e-tran at ci.milbury.ca.us. with appeal process questions or visit the city of Millbrae website at ca.millbrae.ca.us.

It's such a long website.

Alrighty. Next up on the agenda is 1100 Millbrae Avenue. This is a public hearing on our design review permit application to allow a net 110 square foot reduction and interior remodel on the second story and a 933 square foot rear lower floor addition to an existing, excuse me, two story residence and a conditional use from an application to extend the existing non-conforming upper story side setbacks in a single family residential R1 zoning district. Jennifer?

Good evening, Chair Davis. Jennifer Lim, Associate Planner with the City of Millbrae, and tonight I will be presenting the project at 1100 Millbrae Avenue. This is a public hearing on a design review permit application to allow a net 110 square foot reduction and interior model on the second story and a 933 square foot rear lower floor addition to an existing two story residence and a conditional use permit application to extend the existing nonconforming upper story side setbacks in the single family residential R1 zoning district. This map shows the project's location. The project is located in the Millbrae Highlands neighborhood. So this property is zoned are one single family. It's a corner lot about 6577 square feet. The existing residence is two stories about 2558 square feet. And the project proposal is for the construction of a 110 square foot second story reduction and a 933 square foot first floor addition to an existing two story single family residence. So this is the existing site plan. The existing home is two stories. However, it lacks upper story side setbacks.

Next slide.

This is the proposed site plan. The second floor addition is located in the rear. The front yard landscaping and rear yard open space requirements will be met and a new street tree will be planted in the front. proposed first floor plan includes a living room two bedrooms two bathrooms and attached oversized one car garage the proposed second floor plan includes a primary bathroom primary bedroom a powder room living room dining room and a kitchen This is the proposed front elevation. The proposed residence is a two-story contemporary style home featuring horizontal siding on the second story and a stucco finish on the first story. And the home will also have a gray colored shingle roof. The vinyl windows will also be recessed with the ebony color trim and shutters. So the proposed left side elevation, the existing upper story left side setback is not met. The proposed project is extending the existing nonconforming side setback, which will require the conditional use permit. The existing upper story right side setback is also not met. So the proposed project is extending the existing nonconforming side setback, which will also require the conditional use permit. This slide also shows the outlines of the neighboring windows and the neighboring structure. The proposed project will not cause significant privacy impacts. So the proposed rare addition, the proposed height will be increasing by two and a half feet. So that's from 21 and a half feet to 24 feet. As shown on the proposed left and right side elevation slides, the proposed addition is extending the existing nonconforming upper story side setbacks on both sides, therefore requiring the conditional use permit. In order to meet the upper story side setback requirements, the proposed upper floor would need to have a minimum four foot side setback on both the left and right sides. However, the existing home and surrounding homes in the neighborhood lack upper story side setbacks, so allowing the conditional use permit will be in keeping with and maintaining the character and design of the neighboring properties. Here is the proposed 3D rendering. The proposed project will enhance the existing features of the home. So a total of six adjacent owner consultation forms were sent out to the adjacent neighbors. All six of those forms were returned in support of the project. And I would just like to note the property owner of 100 Monorca Way supported the project with the condition to keep work trucks off their side of the block if possible during construction, or at least during the nighttime. This map shows the project site in blue and the adjacent neighbors in red. All six of the neighbors returned their forms in support of the project. In order to approve the design review permit, the Planning Commission must make the following form findings number one and number two. Also number three and four. The Planning Commission must also make the conditional use permits on the screen number one and two. with that staff recommends that the planning commission receive the presentation review the project consider the public testimony and approve a design review permit application to allow a net 110 square foot reduction and interior model on the second story and a 933 square foot rear lower floor addition to an existing two-story residence and a conditional use permit application to extend the existing non-conforming upper story side setbacks

the single family residential r1 zoning district um so staff and the applicant are available for any questions thank you i have a question why are we calling the front of the building the garage side that lives on minorca and the sides of the building especially the front door facing milbury avenue which is the address calling out the left side of the building yeah so that is where i got confused the zoning code um specifies that the front of the building is the narrowest side facing the street

So that's the narrowest side of the lot facing the street.

So because it's on a corner, it gives a weird definition.

Yes. Okay. Thank you.

Yes.

That's what's confusing.

Yes. Any other questions? Oh, you sat down. I don't know. Are there any other questions? Commissioner Wong has a question.

Yes. Looking again at the left side of the building. It extends back towards the West and on the grade and slope, but it appears that the 2nd floor is actually ground level comments on. That second story is actually level or considered level and that's the setback for a second story apply if it's not really. You know, appears as a second story of great.

Yeah, so the existing lower floor just consists of the garage and crawl space. It's a split level home. So as you can see on the elevations, the first floor does have an eight foot height. So we're considering that the first floor and then the second floor is where the primary bedroom is.

Is that first floor partially sunk in below grade?

Yes.

I do. Why is it an oversized one-car garage?

Yeah, so the zoning code requires a two-car side-by-side garage that's completely enclosed. So that would be a 400 square foot garage minimum. So this house is proposing a 458 square foot oversized one-car garage because it doesn't meet the dimensions of a two-car garage, which would be 20 feet by 20 feet. This project has about 24 feet by 18 feet, so technically only one car would be able to fit in there. So we're calling it an oversized one.

Is it because they've got items on the side there?

There is a washer dryer on the side, but the dimensions of the garage do not meet the 20 by 20.

But that's the new code. It's a non-conforming two-car garage.

Yeah.

Okay, so it is a two-car garage.

Yeah, but only one car could fit in there. Well, I think two cars can fit. The width of the proposed garage is only 18 feet, so we calculate a two-car garage by 20 feet by 20 feet.

Yeah, but that's what we have, and we've got two cars in there without the washer and dryer. Have they only been using it as a one-car garage? Or is it now because it's too small for a two-car garage?

Does the applicant want to address that?

We'll ask that question later when you're done. Oh, is he the... The architect. Okay.

But to follow up on the question, it sounds like the one-car garage definition would meet code in this case, correct? Correct.

It's over 400 square feet, but it's just shy of the 20 by 20 square foot requirement. Okay.

A house with a two-car garage is always much that far up off the El Camino, more desirable. I remember some of them. Because I went home and I measured one day. And it's basically small, but it's considered non-conforming. I don't know. It just seems that there's an awful lot of wasted space and have your cars outside.

Now, with the washer and dryer, that might have changed. The dimensions of the garage are not a square by 20 by 20. so they can't drive two cars into it and maybe you've got two small cars you can put them in but it's they're calling it what it is yeah a big one car garage a big one any questions at this end no all right um would the architect like to come up and say anything extra add anything additional

The owner, Chuck Yuen, and his wife have lived there for 40 years. It's the late 80s. And it's a very modest home now. That first level is the only usable kind of space on that building. The garage level currently, it's just a... intended for one car space, but then in the back it's just a crawl space. It's just not usable. So now they're going to build this big basement to have more bedrooms for their extended family, but while also maintaining the character of the building. So it's not a significant exterior alteration. It's very, you know, it's more of like a subterranean extension or addition. So, you know, we're keeping the gabled roof, keeping the brick chimney, we're keeping the brick entry stair. So it very much replicates or, you know, kind of maintains that aesthetic that you see all over the neighborhood, but while also giving them a lot of space for extended family.

Thank you.

And he's a, so he's a plumber by trade and, uh, he has these wide van. He has a wide van that with all this, uh, materials. So it is, uh, it takes a lot of that garage to a single car or a truck.

Thank you for that information. Do you have a question for him?

Uh, yes, just to confirm well, with the architect, so, um, just confirming that there's really no change to the front or the left side exterior. Um, correct.

Correct. Yeah. Uh, with the exception of a window on the left side in the back, that's going to be. Altered, um, but other than that, the footprint itself is not extended.

And just left in a little bit of the belt and the new paints and siding.

Yep, yep. Maintaining the shutters and all that. Yeah, the look will... So in the back portion on the right side, we're essentially, there's a jog in the building existing, and we're going to straighten that out. So that's, you know, and it's already kind of, it's a non-conforming condition, but it makes it a nice seamless or consistent exterior wall on the right side. That's the footprint change on the second floor.

Okay, and then there's a drawing A2. It's an existing demo proposed side elevation. There's kind of a dashed outline. I guess that would be existing, but it doesn't appear that that outline matches the existing house. Can you comment on that?

Sorry, this is the adjacent neighbor to the, I guess, when you're fake, what, sorry?

Okay, so that's the outline of the neighbor's house. Yes, yes, yes.

Yeah, essentially a privacy study, just to make sure that our windows don't align with their windows to create some privacy issues, but they're not, there will not be any privacy issues with our addition, with our window scheme.

Okay, thanks for explaining that.

Questions? No? No?

Excellent. You do? Okay, go ahead. First of all, thanks for getting the consultation forms from the neighbors. Seeing unanimous support from the neighbors is a strong endorsement for any project. So thanks for that. I have a question on the roof line. So I noticed that on the front and the two sides, there's a one foot overhang, but on the back side, there is no overhang. Could you explain that?

Good question. think because we were maintaining the existing or do you do oh uh i believe because there is no overhang existing of the rear facade that we maintain that okay that i would suggest it's not going to optimize decision one another today but i would suggest look into that especially since it looks like you left gutter on the two long sides um so just make sure that the

The water, the drainage is considered, roof water is considered. And I want to make sure that, I noticed you have two window wells to allow for the windows from the bedrooms. Yeah. I want to make sure that you do have drainage from those window wells as well.

Correct, yeah. And good thing I'm an architect and engineer. There you go, excellent. I design both schemes, yeah, waterproofing and drainage and retaining wall systems and all that. Thank you. So that's all me. But, yeah, so the back of the building is completely subterranean. So, yeah, hence the window wells. The bottom. Yeah, the bottom floor is 100% underground in the back. But that's why we have window wells for light, ventilation, and rescue.

And I appreciate a project like this where you're investing to create more living space without impacting the exterior. So thank you for that. Yeah, no, no, that was the intent, yeah.

Thank you. All right. We're done there.

There's a little slope, but as you go back, the slope is gone.

Right. It goes from like a two-foot retaining wall to a full 10-foot retaining wall. So it's quite an excavation, but we have a good team, safety and all that.

All right. Thank you. Okay. Public comment time. Are there any speaker slips or hands on Zoom?

There are no speaker slips or hands raised on Zoom.

All right, thank you. Can we have a motion to close the public comment? I make a motion. I'll second. All right, we have our votes.

Commissioner Chan?

Yes.

Commissioner Quigg? Yes. Commissioner Wong?

Yes.

Vice Chair Choi?

Yes.

Chair Davis? Yes. Thank you. Motion passes 5-0. Public comment is now closed.

Thank you. Any further discussion? Maybe a motion. Nobody has anything else to say? Pretty easy project.

Yeah.

Okay.

I'm going to move to approve the public hearing on a conditional use permit application to allow the installation up and out. Oh, wait. Sorry. It's okay. As soon as I started public hearing on a design review permit application to allow a net 110 square foot reduction and interior remodel on the second story and a 933 square foot rear lower floor addition to an existing two-story residence and a conditional use permit application to exit then the existing non-conforming upper story side setback and the single family residential r1 zoning thank you your second i'll second okay vote commissioner chan yes commissioner quigg yes commissioner wong

I share. I chair Davis. Yes. Thank you. Motion passes five zero.

Congrats. The action of the planning commission is considered final pending a 10 day appeal period and the payment of a required appeal fee for anyone that wishes to appeal the decision of the planning commission. Please contact the city clerk at six five zero two five nine two four one four or each ran at ci.milbray.ca.us. with appeal process questions, or visit the City of Millbrae website at ca.millbrae.ca.us. Thank you. New business? We have none. Staff updates.

Our next meeting will be on October 6th, Monday, October 6th. Um, we had a previous meeting in August where an item was continued to a date certain that date is October 6th. Um, the item is the, uh, local, um, density bonus ordinance. Um, the city has updated that ordinance, uh, in accord with a public comment that was received. We only received one. And it will be coming back to you for finalization in your recommendation before moving forward to council at a subsequent meeting.

That's it. That's it?

That's it.

Okay. Any announcements?

Just the Volunteers of the Year Awards Dinner on the 17th. And we hope you can all come and congratulate.

Also, let's recognize the Japanese Cultural Festival on October 2nd and Millbury Gateway Night Market again on October 3rd.

Thank you. Anything else? No? No. We're adjourned. Thank you, everybody.

Thank you.

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