Meeting


REGULAR MEETING OF THE
FOSTER CITY PLANNING COMMISSION
 
7:00 PM

Thursday, May 16, 2013
 
 
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY-ORG.ZOOM.US/J/86936779861. PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE PLANNING COMMISSION PRIOR TO THE MEETING.
 
Consistent with Government Code Section 54953, this Planning Commission Meeting will be held via teleconference in addition to in person. Planning Commission and staff will attend in person or via teleconference.

To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting. 

To Attend the Meeting in Person:
  • Location: 620 Foster City Boulevard, Foster City, California 94404
To Provide Public Comment in Person: 
  • Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only. 
To Observe the Meeting via Teleconference/Video Conference:
1-669-900-6833 or
1-408-638-0968 
And enter Webinar ID: 869 3677 9861

To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
  • During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees. Please clearly state your full name for the record at the start of your public comment.
  • Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
    • Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda
    • Include the submitter’s full name (Recommended but not required)
Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the Planning Commission prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
 
AGENDA
 
1 CALL TO ORDER
2 ROLL CALL
Noemi Avram, Chair
Dan Dyckman, Commissioner Oliver "Ollie" Pattum, Commissioner 
Paul C. Williams, Commissioner Robert Werden, Commissioner
3 ORAL COMMUNICATIONS FROM THE PUBLIC
Under this agenda item, members of the public may bring up any requests, concerns or issues they may have which are appropriate for Planning Commission discussion and which are not already scheduled for review under another portion of this agenda. However, the Planning Commission will not take any formal action on any item that is not on the printed agenda. The Planning Commission may refer the item to staff to be agendized for a future Commission meeting or may ask staff to research an item, but normal Planning Commission action may not take place.
4 WRITTEN COMMUNICATIONS FROM THE PUBLIC
Under this agenda item, members of the public may submit any requests, concerns or issues they may have which are appropriate for Planning Commission discussion and which are not already scheduled for review under another portion of this agenda. However, the Planning Commission will not take any formal action on any item that is not on the printed agenda. The Planning Commission may refer the item to staff to be agendized for a future Commission meeting or may ask staff to research an item, but normal Planning Commission action may not take place.
5 CONSENT CALENDAR
All matters listed under this item are considered to be routine by the Planning Commission and will be enacted by one motion in the form listed below. There will be no separate discussion of these items unless a citizen or a member of the Planning Commission so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately at the conclusion of the Consent Calendar. Vote may be by roll call.
5.1 MINUTES OF MAY 2, 2013 REGULAR MEETING
5.2 MINUTES OF MAY 2, 2013 STUDY SESSION
6 CONTINUED PUBLIC HEARING
7 NEW PUBLIC HEARING
7.1 USE PERMIT MODIFICATION TO MODIFY A PREVIOUSLY APPROVED USE PERMIT FOR SEE U, INC. INCLUDING: 1) EXTENDING THE HOURS OF OPERATION AND LIVE ENTERTAINMENT TO 2:00 A.M. ON FRIDAYS AND SATURDAYS IN CONJUNCTION WITH MEETINGS AND SOCIAL EVENTS ONLY IN THE INNER RESTAURANT AREA; AND 2) INCREASING THE PERMITTED OCCUPANCY LIMIT FROM 30 TO 40 PERSONS IN THE INNER RESTAURANT AREA – 1465 BEACH PARK BLVD – NEIGHBORHOOD 3 – APN: 094-261-330 – SEE U, INC. – UP-12-005A
7.2 USE PERMIT MODIFICATION TO REMODEL THE EXISTING MCDONALD’S RESTAURANT TO CHANGE THE FAÇADES ON ALL SIDES OF THE BUILDING, REVISE THE LANDSCAPING, AND OBTAIN A WAIVER OF FIVE PARKING SPACES FROM THE PARKING REQUIREMENTS IN THE MUNICIPAL CODE – APN: 094-010-710 – 1101 TRITON DRIVE – MCDONALD’S USA, LLC – UP-75-006H
7.3 USE PERMIT MODIFICATION TO DEMOLISH AND REPLACE THE EXISTING 3,400 SQ. FT. CARL’S JR. RESTAURANT WITH A NEW 2,448 SQ. FT. RESTAURANT, INCLUDING A DRIVE-THROUGH – APN: 094-010-660 – 1140 TRITON DRIVE – TWM INDUSTRIES – UP-78-010D
7.4 SIGN USE PERMIT TO ALLOW MONUMENT, WALL AND DIRECTIONAL SIGNS AT CARL’S JR. RESTAURANT – 1140 TRITON DRIVE - APN 094-010- 660 – TWM INDUSTRIES – SR-13-018
8 OLD BUSINESS
9 NEW BUSINESS
10 ADMINISTRATIVE BUSINESS/REPORTS AND REFERRALS
All supporting materials relating to matters brought up under this agenda item must be made available to members of the Planning Commission and staff prior to the Meeting. Supporting materials should be available prior to commencement of the Meeting and may be reviewed at that time by members of the Commission and staff. At its discretion, the Planning Commission may recess the Meeting in order to review materials submitted by the public or staff or it may defer the item to a later date.

Oral Update from Staff
Status of Significant Land Development Projects
City Council Decisions, Actions, and/or Requests of Concern to the Planning Commission
Other Matters
Reports and Referrals
11 STATEMENTS AND REQUESTS FROM THE COMMISSIONERS
12 ADJOURNMENT

NOTICES

Legal notices were posted in accordance with State law at City Hall, 610 Foster City Blvd.; Foster City Public Library, 1000 E. Hillsdale Blvd.; Foster City Recreation Center, 650 Shell Blvd. (near the south building entrance); Metro Center Sign Kiosks (between 921 and 987 E. Hillsdale Blvd.); Sea Cloud Park, Pitcairn Drive (on the snack shack/restroom building); and on those properties about which a public hearing was held; and published in a newspaper of general circulation. Additionally, owners of property within 300 feet were mailed Notice of Public Hearing a minimum of ten (10) days in advance. Agendas for Planning Commission Meetings are posted on cable television channel 27 and the City’s web site (www.fostercity.org) several days in advance of the meetings.
 

EVIDENCE

Quasi-judicial Matters 
California law requires that quasi-judicial matters be based on evidence. Applications before the Planning Commission involve matters that are quasi-judicial and therefore decisions must be supported by evidence. 

In General

Public comments should be emailed to [email protected]. Emailed comments should include your Name, Address, Agenda Item, and Public Comment.

All oral, written or pictorial evidence to be considered by the Planning Commission must be received prior to a decision being rendered by the Commission. Written, documentary, or pictorial evidence shall be collected and kept by the City for record purposes, and must be made available to an applicant, appellant or the public prior to a decision being rendered by the Commission. Evidence received or submitted during a public hearing or public meeting while an item is being discussed and evaluated by the Planning Commission shall be deemed to have met this requirement.Evidence submitted for the record and for Planning Commission consideration may take the form of oral testimony, written information, documents, pictures, video tapes, audio tapes, and similar information. All evidence submitted must be of a length that is practicable for use by Commission members, and depending on its length and how it must be accessed or the need for special equipment in order to access it, must be received in a timely manner so as to afford the Commission and the public a reasonable opportunity to evaluate it and to allow an applicant, appellant and/or the public an opportunity to discuss, question and rebut it. 

Information not admitted into the formal record shall not be used in rendering a decision.
 

APPEALS 

All actions of the Planning Commission are appealable to the City Council within ten (10) calendar days of the date the action was taken. All appeals must be submitted in accordance with Section 17.06.150, Appeal Procedure, of Title 17 of the Foster City Municipal Code (copies available at City Hall). The required appeal fee as adopted by the City Council must accompany an appeal to the City Council of a decision of the Planning Commission or it will be considered incomplete.
 

MEETINGS

The Planning Commission conducts regular business and Public Hearings on the first and third Thursdays of each month. Meetings begin at 7:00 p.m. and are held in the Council Chambers, 620 Foster City Boulevard or via Teleconference.

Any attendee wishing special accommodations at the meeting should contact Becki Hanan, Management Analyst, Community Development Department, at (650) 286-3225, or send an electronic mail request to [email protected] at least 48 hours in advance of the meeting or contact the staff at [email protected] per the Americans with Disabilities Act. 

PLANNING COMMISSION AGENDAS AND MINUTES ARE POSTED ONLINE AT:
https://www.fostercity.org/agendasandminutes

PLANNING COMMISSION MEETINGS ARE TELECAST LIVE ON FCTV ON COMCAST CHANNEL 27 AND AT&T CHANNEL 99: Every 1st and 3rd Thursday of the month

PLANNING COMMISSION MEETINGS STREAMED ONLINE AT:
https://www.fostercity.org/community/page/fctv-live-stream

Direct Link to YouTube Stream

PLANNING COMMISSION MEETING REPLAY ON FCTV CHANNEL 27: 1:00 p.m. on Friday and 5:00 p.m. on Sunday, following the meeting.

PLANNING COMMISSION MEETINGS ON-DEMAND AVAILABLE AT:
https://www.fostercity.org/agendasandminutes