May 28, 1997

MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY MAY 28, 1997 7:00 P.M.

CALL TO ORDER: The meeting was called to order by Chairman Simons at 7:00 p.m.

ROLL CALL: Chairman Simons; Commissioners Godfrey, Ranii, Munson, Richmond, and Sandoval

ABSENT: Commissioner Ballard

STAFF PRESENT: Director Dudley, Assistant City Engineer Hoppe, Chief Planner Rosen, Senior Planner Commerdinger, Program Planner Linnell and Recording Clerk Stevens

MINUTES: MOTION by Commissioner Richmond, seconded and CARRIED unanimously by voting members present, that the Minutes of the May 14, 1997, meeting be APPROVED AS WRITTEN.

PUBLIC HEARINGS:

ITEM NO. 1
AMENDMENT A-1438. APPLICANT: CITY OF FULLERTON.

Staff report dated May 8, 1997, was presented pertaining to a request to consider modifying the development standards for the conversion of existing mobile home parks to resident ownership lots.

ITEM NO. 2
TRACT TR-15476. APPLICANT: SITE DESIGN ASSOCIATES, INC.; PROPERTY OWNER: CEDARHILL MOBILE COUNTRY CLUB.

Staff report dated May, 8, 1997, was presented pertaining to a request to convert an existing mobile home park to individual ownership lots on property located at 2851 Rolling Hills Drive (north side of Rolling Hills Drive immediately east of the Orange Freeway) (R-MH zone) (Categorically exempt per Section 21080.8 of the Public Resources Code).

Chairman Simons announced that both Items 1 and 2 would be heard simultaneously.

Senior Planner Commerdinger reported that staff had been approached late last summer by a group of Cedarhill Mobile Home Park residents asking the City's position regarding conversion of their facility into an ownership park. Since the code does not address conversion of mobile home parks into ownership lots, staff proposed a modification to the zoning ordinance stating that the development criteria, in place since 1971, shall be advisory in the case of "paper subdivisions" such as the proposed project. Staff reviewed all of the state laws provided by the applicant, and advised the residents and their attorney to have a map prepared by a civil engineer. Staff also inquired what would occur if a resident chose not to purchase their lot, and the applicant's attorney addressed this issue in a letter to staff. The ordinance itself is a one-sentence addition to Subsection 15.17.040.A of the Fullerton Municipal Code as follows: "In the case of existing properties in the R-MH zone which propose to convert to individual ownership lots, the development standards contained in the table shall be advisory only." Senior Planner Commerdinger added that minimum lot areas and maximum lot coverage cannot be met by every lot. There are 281 numbered lots and a number of lettered lots, such as streets, recreational areas and common facilities. Staff recommended approval of the request.

Commissioner Godfrey asked if staff was comfortable with the property tax conversion from single ownership and Senior Planner Commerdinger answered affirmatively.

Commissioner Ranii questioned if any other uses were allowed under the R-MH zone designation, and Senior Planner Commerdinger replied negatively.

Chairman Simons asked if the tenants would have the right of first refusal, and Senior Planner Commerdinger indicated that they would.

Public hearing opened.

Kenneth DiCenza, Site Design Associates, Inc., 7863 La Mesa Boulevard, Suite 201, La Mesa, was pleased with the assistance he has received from staff throughout this process. He had read and was in concurrence with all of the recommended conditions of approval.

Public hearing closed.

There was a consensus of the Commission for approval. The title of Resolution No. 6735 RECOMMENDING that the City Council amend Chapter 15.17 of the Fullerton Municipal Code by establishing development standards for the conversion of mobile home parks to ownership lots, was read and further reading was waived. The title of Resolution No. 6733 APPROVING a tentative tract map to convert an existing mobile home park to individual ownership lots on property located at 2851 Rolling Hills Drive, was read and further reading was waived. MOTION by Commissioner Godfrey, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 3
CONDITIONAL USE PERMIT CUP-977. APPLICANTS: MARTHA MALANE AND RICHARD & DONNA TORAL; PROPERTY OWNERS: THOMAS CRAMER AND RONALD SANCHEZ.

Staff report dated May 22, 1997, was presented pertaining to a request to allow a day nursery with an enrollment of 80 children on property located at 1537 East Commonwealth Avenue (north side of Commonwealth Avenue between 380 feet and 549 feet west of Acacia Avenue) (R-1-7,200 zone) (Negative Declaration).

Program Planner Linnell reported that the proposed site contains a residence plus three additional buildings which would be utilized as classrooms for the day nursery. With the completion of the conversion, there would no longer be living quarters on site. The requested enrollment of 80 children requires a total of 12 on-site parking spaces; seven for employee use, and five to be used for dropping off and picking up children . Staff felt that the most critical part of the request was the circulation pattern for ingress and egress to the property. The alley to the north could not be used for access purposes; however, a one-way circular driveway would be provided off Commonwealth Avenue. Another major issue is the traffic impact to Commonwealth Avenue. The Engineering Department has included traffic control measures in their Engineering letter which address this situation. Parking may be eliminated on the north side of Commonwealth Avenue, along the frontage of the property. Depending on the outcome of a traffic study, further mitigation measures may be necessary. Staff recommended approval of the request.

Commissioner Sandoval noted that the staff report stated 80 children will be allowed, but the Negative Declaration and Engineering letter used 84 for the enrollment figure. Program Planner Linnell clarified that the applicant had originally requested an enrollment of 84 children, but the code would only allow 80 children on this site.

Commissioner Richmond asked if this property must be owner-occupied because it is in an R-1 zone. Program Planner Linnell answered that, although the code would allow living quarters with the day care use, it is not a requirement. Chief Planner Rosen added that the building itself must be converted to a commercial use through the plan check process.

Commissioner Godfrey wished clarification on allowable uses in the R-1 zone. Chief Planner Rosen stated that day care facilities and churches are some of the other uses allowed by code in this zone.

Public hearing opened.

Martha Malane, 10071 Sunrise Lane, Santa Ana, stated that she had read and concurred with the recommended conditions of approval.

Commissioner Godfrey asked the applicant if she had operated a day care center prior to this application. Ms. Malane answered that while she has had experience working with children for the past ten years, she has not operated her own day care center.

Chairman Simons asked the applicant if she was licensed with the State of California, and Ms. Malane replied that she has been fingerprinted and cleared by the state.

The following persons spoke in opposition to the request:

Mike Ritto, 1543 East Sudene Avenue
Randall West, 1525 East Commonwealth Avenue
Dwight Riley, 1536 East Commonwealth Avenue
Karen Ritto, 1543 East Sudene Avenue
Ernie Antonik, 100 S. Harrington Drive

The points of opposition included:

• Will make the neighborhood more commercial and take away from the residential environment.
• Noise and traffic will increase.
• Persons will use Sudene Avenue and Harrington Drive as turnaround streets.
• Vehicles will park on Commonwealth Avenue, making visibility difficult for neighbors exiting their driveways.
• Values of homes in the area will decrease.
• The alley to the rear of the site will be used illegally for ingress and egress.
• Commonwealth Avenue is a very busy street, with traffic traveling at high speeds, and people may try to run across from the south side to the north side to pick up their children.
• Potential for traffic accidents will increase.

Dave Zenger, 318 East Wilshire Avenue, asked how many vehicles per day travel on Commonwealth Avenue. Program Planner Linnell replied that on this section of Commonwealth Avenue, the count is approximately 16,000 vehicles per day.

Public hearing closed.

Commissioner Godfrey understood that part of the City's General Plan was to provide sufficient child care facilities for the community. He supported staff's recommendation.

Commissioner Ranii realized that the proposed use may have some conflicts in a single-family residential zone; however, the zoning code specifically allows for this use. He felt that this would be an ideal location for a day care use because of close proximity to public transportation, and favored the request.

Commissioner Richmond, while uncomfortable with placing a day care facility of this size within a residential zone, felt that he was bound by code to support staff's recommendation.

Commissioner Sandoval also sympathized with the concerns of the residents, but felt that because this is an oversized lot, it would be a good location for a use of this type.

There was a consensus of the Commission for approval. MOTION by Commissioner Ranii, seconded and CARRIED unanimously by voting members present, that the Negative Declaration be CERTIFIED. The title of Resolution No. 6734 APPROVING a request to allow a day nursery with a maximum enrollment of 80 children on property located at 1537 East Commonwealth Avenue, was read and further reading was waived. MOTION by Commissioner Godfrey, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 4
FIVE-YEAR CAPITAL IMROVEMENT PROGRAM

To consider the Five-Year Capital Improvement Program (Fiscal Years 1997-98 to 2001-02) and its consistency with the General Plan.

Chris Meyer, Director of Administrative Services, gave a brief overview of the Five-Year Capital Improvement Program. He pointed out that for the first time, the City is moving forward with a two-year budget, as opposed to one-year.

Bob Hodson, Director of Engineering, reported that the proposed CIP focuses on the City's infrastructure, such as streets, storm drains, sewers, water facilities and park rehabilitation. A Facilities CIP Fund is being created for improvements to the libraries, fire stations, etc.

MOTION by Commissioner Munson, seconded and CARRIED unanimously by voting members present, that the Five-Year Capital Improvement Program for 1997-98 to 2001-2002, is consistent with the City's General Plan.

OTHER MATTERS

REVIEW OF COUNCIL ACTIONS

Chief Planner Rosen gave a brief report on recent City Council meetings.

PUBLIC COMMENTS

No one wished to speak on any matters not appearing on the agenda.

AGENDA FORECAST

The next regularly-scheduled meeting will be June 11, 1997, at 7:00 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 8:17 p.m.