South San Francisco Planning Commission Regular Meeting - September 5, 2019

The South San Francisco Planning Commission held a regular meeting on September 5, 2019 at 7:00 PM in the Council Chambers of the Municipal Services Building, 33 Arroyo Drive. The meeting addressed a consent calendar, a public hearing on proposed tobacco retailer regulations, and an appeal concerning the timeliness of a filed appeal regarding a conditional use permit. Key actions included approval of minutes, recommendation to the City Council for tobacco code amendments, and a decision to continue the appeal to September 19, 2019.

Consent Calendar

• The Commission unanimously approved the regular meeting minutes of July 18, 2019 and August 1, 2019.

Public Comments & Testimony

• Craig Wingate (public health educator, San Mateo County Tobacco Prevention Program) spoke in support of the tobacco retailer amendments. He cited public health risks (lung infections and deaths linked to vaping) and the importance of restricting flavored tobacco to protect youth. He noted that several San Mateo County jurisdictions had already adopted similar bans.
• Jeff Ballot (attorney for appellant) argued that the appeal should not be rejected because the appellant relied on miscommunication from staff regarding the appeal deadline. He requested to continue the hearing to allow for outside counsel and private negotiations.
• Todd Edwards (appellant, representing the Peninou French Laundry) said he did not have a fair chance to appeal until the audience was crafted, and noted that staff advised him incorrectly about appeal deadline. He described his efforts to obtain meeting minutes and the notice of action's postmark.
• Applicant Gary Lillian (of Extranomical Tours) opposed further delay, explaining that he could miss move his business and that he had been waiting months. He noted that he had made concessions (on idle time and engine regeneration) to address the neighboring business's concerns. He asked the Commission to affirm the rejection decision.

Discussion Items

• Item 2 (Tobacco Retailer Amendments): Staff member Christina Fermina presented the proposed amendments to expand the definition of tobacco products to include flavored tobacco and e-cigarettes in the zoning code. The commission discussed clarity around adult-only retailers, comparisons with state regulations, and public health concerns. Commission comments included a need for clear definitions and concerned about overregulation from the owner's perspective.
• Item 3 (Appeal Regarding Pennens of South Maple Avenue): Staff planner Tony Koski gave detailed timeline: The original decision on conditional use was made and on May 30, 2019; notice of action issued June 6; appeal period ended June 14; staff first gave incorrect guidance that the appeal deadline was June 21; appellant filed on June 21; chief planner and city attorney rejected the appeal as untimely on June 27. The Commission discussed the fact that the applicant had attended the hearing but the appellant had not received the minutes in time. Several commissioners expressed an aversion to the ratio because of staff was misled, but critics argued they must follow the 15-day requirement. The Commission agreed by consensus to continue the item to get outside legal advice.

Key Outcomes

• Recommendation: The Commission passed the motion (5 to 1, with Commissioner Evans abstaining) to recommend that the City Council adopt the ordinance amending Title 20, Chapter 20.420 to include flavored tobacco and e-cigarettes in tobacco retailer regulations. The motion carried despite one abstention.
• Appeal Continuation: The Commission voted 6-0 to continue the appeal item to a special hearing on September 4, 2019, in order to obtain outside counsel, encourage further meetings between the parties, and potentially find a resolution. The hearing was postponed with a date certain of September 19, 2019.