- CONSENT CALENDAR
- MOTION: Ballard
2ND: Richmond
AYES: Ballard, Richmond, Sandoval and Simons
ABSTAIN: Ranii
That the Commission ACT AS RECOMMENDED on the following items (items on the Consent Calendar may be approved by one motion):
ITEM A
TRACT MAP 14920
Request for a one-year extension of a six-lot subdivision approved by the City Council on September 6, 1994.
Approved.
ITEM B
TRACT MAP 13195
Request for a two-year extension of a six-lot subdivision approved by the Planning Commission on September 9, 1992.
Approved.
ADJOURN AS PLANNING COMMISSION
CONVENE AS BOARD OF APPEALS
ITEM NO. 1
BOARD OF APPEALS.
An appeal of the Notice and Order by the Building Official to vacate the building due to violations of the Building Code on property located at 233 East Commonwealth Avenue (Pacific West College of Law).
MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said item be CONTINUED until September 24, 1997.
ADJOURN AS BOARD OF APPEALS
RECONVENE AS PLANNING COMMISSION
ITEM NO. 2
CONDITIONAL USE PERMIT CUP-929. APPLICANTS AND PROPERTY OWNERS: CURTIS AND LINDA BUCK.
Staff report dated September 3, 1997, was presented pertaining to a request for a six-month review of a day nursery having a maximum enrollment between 24-32 children on property located at 1230-1232 West Orangethorpe Avenue (south side of Orangethorpe Avenue Frontage Road, between approximately 75 feet and 238 feet west of Orchard Avenue) (R-1-7,200 zone) (Categorically exempt under Class 1 of CEQA Guidelines).
Senior Planner Commerdinger reported that the occupancy permit for this use was issued in February of 1997, and a six-month review was included as a condition of approval. The Police Department has no record of police complaints or responses for service, and the day nursery has met all conditions of approval. Staff recommended indefinite extension of the conditional use permit.
Public hearing was opened, but there was no one present who wished to speak on this matter.
There was a consensus of the Commission for approval. The reading of the title of Resolution No. 6745 GRANTING a Conditional Use Permit to allow the continued operation of a day nursery having a maximum enrollment between 24-32 children on property located at 1230-1232 West Orangethorpe Avenue, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.
ITEM NO. 3
SITE PLAN SP-730 (MAJOR). APPLICANT: TURNER DEVELOPMENT CORPORATION; PROPERTY OWNER: AMERICAN SAVINGS BANK F.A.
Staff report dated September 3, 1997, was presented pertaining to a request to consider site and architectural plans to construct a 55,847-square-foot industrial building on a 3.4-acre site on property located at 4120 Palm Street (east side of Palm Street, between approximately 450 and 690 feet north of Imperial Highway) (M-P-100 zone) (Negative Declaration).
Senior Planner Commerdinger reported that this is a proposal for a tilt-up warehouse/ distribution facility on a vacant lot in the northern part of the city. The applicant has already obtained a buyer for the property, and the lot has already been subdivided. There is ingress and egress to the property to the north, and there is a condition of approval requiring that a reciprocal ingress/egress easement be recorded concurrently. Senior Planner Commerdinger pointed out that the request is for a site plan only; no conditional use permit is needed because the Floor Area Ratios and the capacity of this Traffic Analysis Zone have not been exceeded. Staff recommended approval of the request.
The public hearing was opened, but there was no one present who wished to speak on this matter.
Commissioner Ballard pointed out that Condition No. 9, pertaining to the ingress/egress easement, should be subordinated to the lender.
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. 6746 APPROVING a site plan to construct a 55,847-square-foot industrial building on a 3.4-acre site on property located at 4120 Palm Street, was read and further reading was waived. MOTION by Commissioner Ranii, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS AMENDED to include the correction to Condition No. 9.
ITEM NO. 4
PARCEL MAP PM-97-174. APPLICANT AND PROPERTY OWNER: SHAOUL BIRSHAN.
Staff report dated August 27, 1997, was presented pertaining to a request to consider dividing an existing 15,991-square-foot lot into two 7,995-square-foot lots, on property located at 764 North Stephens Avenue (east side of Stephens Avenue between approximately 650 and 740 feet north of Malvern Avenue) (R-1-7,200 zone) (Categorically exempt per Class 15 of CEQA Guidelines).
Planning Technician Kusch reported that the property and surrounding area is zoned single-family residential, with a minimum lot size of 7,200 square feet. The proposed street frontage is 45 feet and is consistent with existing subdivision patterns in the area. The topography of the lot slopes from west to east, with a grade differential of 40 feet. The average slope is 18% and all utilities will be from Stephens Avenue. Staff recommended approval of the request.
Chairman Simons asked if the alley shown on the map is a through alley, and Planning Technician Kusch answered negatively, that it exists on paper, but physically you cannot drive through it. There are presently no plans to improve the alley, and it may be abandoned at a later date.
Public hearing opened.
Shaoul Birshan, 1424 West Porter Avenue, stated that he had read and was in concurrence with all of the recommended conditions of approval. He added that he plans to keep the new homes consistent with existing homes in the area.
David Howick, 827 N. Stephens Avenue, understood that if the grade was greater than 20%, there was a historic preservation act which would cause the application to be denied. Chief Planner Rosen clarified that, according to the California Environmental Quality Act, if the grade exceeds 20%, there are some additional levels of analysis done on site, and possibly the inclusion of a Negative Declaration. Mr. Howick also expressed his concern about the new homes "fitting in" with the existing neighborhood, and urged the Commission to review all of the opposing letters submitted by some of the homeowners.
Public hearing closed.
Commissioner Ranii, while sympathetic with the concerns of the residents, felt that the landowner had the legal right to split this lot under the Zoning Code. The remaining Commissioners concurred. The title of Resolution No. 6747 GRANTING a parcel map to subdivide an existing lot into two parcels on property located at 764 North Stephens Avenue, was read and further reading was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.
ITEM NO. 5
AMENDMENT A-1439. APPLICANT: CITY OF FULLERTON
Staff report dated September 1, 1997, was presented pertaining to a request to consider creation of an R-1-P Single-Family Preservation Zone. (Categorically exempt under Class 5 of CEQA Guidelines).
ITEM NO. 6
AMENDMENT A-1440 AND GENERAL PLAN REVISION GPR-97-2. APPLICANT: CITY OF FULLERTON.
Staff report dated September 1, 1997, was presented pertaining to a request to consider changing the zone classification from R-1-7,200, R-2 and R-3 to R-1-7,200-P, R-2-P, and R-3-P, respectively, on properties in the 100 and 200 blocks of West Brookdale Place, West Malvern Avenue, and West Jacaranda Place, as well as the 300 and 400 blocks of West Malvern Avenue and Jacaranda Place, and the 500 blocks of West Malvern Avenue (south side only), West Jacaranda Place, and West Whiting Place, the 600 block of West Malvern Avenue (north side only), 605 North Drake Avenue and 508-510 North Malden Avenue, and to consider changing the General Plan Designation from Medium-Density Residential to Low-Medium Density Residential on those properties listed above in the 100 and 200 blocks of West Brookdale Place, the 100 block of West Malvern Avenue (north side only) and the 200 blocks of West Malvern Avenue and West Jacaranda Place. (Categorically exempt under Class 5 of CEQA Guidelines). A vicinity sketch was displayed.
Chairman Simons stated that Item Nos. 5 and 6 would be heard simultaneously.
Associate Planner Bane reported that Item No. 5 would create an R-1-P (single-family preservation) zone, in addition to the multiple-family R-2-P and R-3-P zones presently in existence. Item No. 6 would actually apply the newly-created zone to a specified location. This item was submitted at the request of property owners in the area, who made a formal request to the City Council in April of 1997. A resolution of intention was adopted by the City Council in May, and a neighborhood workshop was held in August. Associate Planner Bane showed the location of the proposed zone changes on the vicinity sketch, totaling 269 properties. He explained the "P" zone and the Design Guidelines, which would serve to preserve the historic character of the neighborhoods.
Commissioner Ballard asked how a property owner would be notified that his residence was in a preservation zone. Associate Planner Bane answered that a new property owner may not be aware of this fact. Commissioner Ballard expressed concern about paint and color restrictions. Associate Planner Bane stated that the guidelines were very flexible with regard to paint and only prohibits metallic and fluorescent colors.
In response to a question regarding how the "P" zone requirements would be enforced, Director Dudley explained that staff presently receives calls from property owners in preservation zones who are dissatisfied about modifications made to neighboring properties. He was confident that staff would be made aware of any resident who did not follow the Design Guidelines.
Chairman Simons asked if absentee landowners were also notified of this action, and Associate Planner Bane answered affirmatively.
Commissioner Richmond noted from the minutes of the City Council meeting that the property owners who made the request for the "P" zone, asked that the fees for the process be waived. Associate Planner Bane confirmed that there is normally a fee of approximately $1,200 for zone change requests, but in this case it was Council's decision to initiate the change.
Chairman Simons referenced a letter in the Commission packet from Mr. Michael Trimble who had asked that specific changes be made to the ordinance. Associate Planner Bane reported that a memo had been submitted to the Commission, recommending that most of the suggestions be incorporated into the Amendment. Chairman Simons also referenced two properties on North Drake Avenue who wished to be excluded from the request. Associate Planner Bane confirmed that they would be, since they were on the boundary and were mistakenly included in the map.
Commissioner Richmond asked if the "Redevelopment Design Review Committee" would be changed to "Design Review Committee." Associate Planner Bane answered that Mr. Trimble had requested the name change, but staff did not feel that such a change should be made. Commissioner Richmond felt that the attachment to the ordinance resembled Covenants, Conditions and Restrictions which are attached to condominium complexes. Associate Planner Bane replied that this was not staff's intent.
Associate Planner Bane further reported that the request included a General Plan Revision to correct a General Plan/Zoning inconsistency. The area is currently designated Medium-Density Residential; it should be Low-Medium Density Residential in order to be consistent with the R-2-P zoning.
Based on property owner support (approximately 75%), the importance of the areas as indicated in the City's Historic Building Survey, and the relatively good condition of the homes today, staff recommended approval of the request.
Commissioner Sandoval questioned why the 300-400 blocks of West Brookdale Place were excluded from the request. Associate Planner Bane explained that the boundary of the historic neighborhood in question, as identified in the Historic Survey, did not extend to these blocks, and those homeowners did not ask to be included.
Commissioner Ballard felt that because of surrounding property owner opposition, the R-3 area on Malvern Avenue should be excluded from the request. Associate Planner Bane explained that staff felt this area was an integral part of the neighborhood and should be included.
Public hearing opened.
Dave Zenger, 318 E. Wilshire Avenue, supported the adoption of the R-1-P zone, and indicated that Fullerton Heritage also wholeheartedly supported the concept. He added that the specific guidelines adopted by the City Council contained some elements pertaining to the R-1-P zone which should be reviewed and updated in future years.
The following persons spoke in opposition of the request:
Larry Klees, 138 West Malvern Avenue
George Friery, 329 West Jacaranda Place
Marlee Benewitz, 133 West Malvern Avenue
Albert Lund, 605 North Drake Avenue
Peter Esprit, 410 West Jacaranda Place
Frank Smyka, 538 West Malvern Avenue
Paul Kramer, 819 West Valley View
Marcia Judd Friery, 329 West Jacaranda Place
Ernie Zoder, La Habra (owns two properties in the area)
The points of opposition included:
- Many of the homes presently do not follow guidelines; most people keep their homes nice because they want to.
- Forcing homeowners to follow guidelines is unconstitutional.
- Guidelines will be open to individual interpretation and are vague.
- Homeowners should be able to do what they wish with their property; the guidelines resemble CC&Rs.
- Individual freedom to decide how one may improve their home will be lost.
- A man's home is his castle.
- This is the city's attempt to keep certain areas as low-income, affordable housing.
- Too much government intrusion
The following persons spoke in favor of the request:
Kerri Cruz, 345 West Jacaranda Place
Dave Alloway, 545 West Whiting Avenue
Bob Winkelman, 229 West Malvern Avenue (supported the request, but encouraged a separate body, other than the RDRC, to review guideline compliance.)
Bliss Erlick, 217 West Malvern Avenue
Dave Temple, 420 West Malvern Avenue
Robert Muir, 541 West Whiting Avenue
Greg Branch, 544 West Jacaranda Place (supported the request, but did not think the "majority" should dictate what the entire neighborhood should do and felt that as properties are turned over, they could be "grandfathered" into the program).
Marci Adams, 530 West Whiting Avenue (could not be reached for original homeowner count, but wanted to go on record by stating that she does support).
Ron Johnson, 625 West Malvern Avenue
Ingrid Nosick, 526 West Whiting Avenue
Valerie Muir, 541 West Whiting Avenue
Mike Trimble, 520 West Malvern Avenue
Michelle Powell, 214 West Malvern Avenue
Katie Dalton, 200 North Cornell Avenue (showed photos of other historical areas)
Renee Moore, 500 block of West Jacaranda Place
Karen Haluza, 335 West Jacaranda Place, gave a brief history of how the request was initiated, and how outreach efforts were conducted. She also displayed a vicinity sketch which showed how many property owners were in favor (192); how many opposed (25); how many were neutral (27); and how many were unable to be reached (24). She thanked staff for their assistance with the efforts of the neighborhood.
The points of support included:
- Will protect the historical character of the neighborhood
- The majority of property owners in the neighborhood support the request
- Will retain the property value of the homes
- The effort is in keeping with the goals of the General Plan
- Items which do not require a review now, will not require one if preservation zone is granted
- Other preservation zones have been granted within the city
- Bungalow-style homes are rare and worthy of being preserved
Public hearing closed.
Commissioner Ranii supported the R-1-P zone for this area. He felt that this was good planning, it enhanced the General Plan, and is a good way to preserve the character of the neighborhood. He believed that the city will be preserving an entire neighborhood, as opposed to individual homes.
Commissioner Ballard, while opposed to imposing the guidelines on homeowners who do not desire them, supported the efforts of the majority. However, he believed that the R-3 properties on Malvern Avenue should not be included, since there was not a clear majority of property owners in that block who favored the proposal.
Commissioner Sandoval also felt that the R-3 property should be removed from consideration. She supported both the R-1-P zone, and the Malvern/Jacaranda preservation zone.
Commissioner Richmond did not support the request because he felt that homeowners should not have to comply with any additional laws. He questioned whether this request was necessary, and voted to deny the request.
Chairman Simons stated that, while he is not in favor of restricting individual property owner rights or increased government intervention, he supported the request because of the desire of the majority of the residents.
There was a consensus of the Commission for approval. The title of Resolution No. 6748 RECOMMENDING that the City Council amend Chapter 15.17 of the Fullerton Municipal Code by establishing an R-1-P (Single-Family Preservation) zone, was read and further reading was waived. MOTION by Commissioner Ballard, seconded and CARRIED by a 4-1 vote, with Commissioner Richmond voting no, that said Resolution be ADOPTED AS WRITTEN.
The title of Resolution No. 6749 RECOMMENDING that the City Council change the zone classification from R-1-7,200 and R-2 to R-1-7,200-P and R-2-P, respectively, on properties in the 100 block of West Malvern Avenue (north side only), the 100 and 200 blocks of West Brookdale place, the 200, 300 and 400 blocks of West Malvern Avenue and Jacaranda Place, the 500 block of West Malvern Avenue (south side only), West Jacaranda Place, and West Whiting Place, and the 600 block of West Malvern Avenue (north side only), and that the City Council change the General Plan Designation from Medium-Density residential to Low-Medium Density residential on those properties listed above in the 100 and 200 blocks of West Brookdale Place, the 100 block of West Malvern Avenue (north side only) and the 200 blocks of West Malvern Avenue and West Jacaranda Place, as shown on the attached maps. MOTION by Commissioner Ballard, seconded and CARRIED by a 4-1 vote, with Commissioner Richmond voting no, that said Resolution be ADOPTED AS AMENDED, to remove the R-3-zoned property from the request.
Director Dudley informed those in attendance that this item is tentatively scheduled to be heard by the City Council on October 7, 1997.
