MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY JANUARY 14, 1998 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 Ballard, Ranii, Richmond, and Sandoval

ABSENT: Commissioner LeQuire

STAFF PRESENT: Chief Planner Rosen, Senior Civil Engineer Wallin, Senior Planner Commerdinger, Program Planner Linnell, Associate Planner Bane, and Recording Clerk Stevens

---

MINUTES: MOTION by Commissioner Ranii, seconded and CARRIED unanimously by voting members present, that the Minutes of the November 19, 1997, meeting be APPROVED AS WRITTEN.

INTRODUCTION OF NEW PLANNING COMMISSIONER

The newest Planning Commissioner, Roy LeQuire, was absent, but would be formally introduced at the next regularly-scheduled meeting.

ELECTION OF CHAIRMAN AND VICE-CHAIRMAN

Commissioner Munson nominated Commissioner Sandoval for the position of Chairman. The motion was seconded by Commissioner Godfrey and CARRIED unanimously.

Commissioner Munson nominated Commissioner Godfrey for the position of Vice-Chairman. The motion was seconded by Commissioner Simons and CARRIED unanimously.

ITEM NO. 1

CONDITIONAL USE PERMIT CUP-955. PACIFIC WEST COLLEGE OF LAW

Staff report dated January 5, 1998, was presented pertaining to a revocation hearing for a private law school (Pacific West College of Law) on property located at 233 East Commonwealth Avenue (northwest corner of Commonwealth Avenue and Lemon Street) due to lack of progress on building code issues and violations of conditions of approval (Continued from November 19, 1997).

Senior Planner Commerdinger reported that at the November 19, 1997, meeting, the Planning Commission, acting as the Board of Appeals, upheld the Notice and Order of the Building Official to vacate the premises. The building was vacated on November 20, and the law school dean, secretary, and no more than eight persons were allowed in the building at any time. Since that date, no further work had occurred, the property owner has submitted an eviction notification to staff, and the tenant has moved out. Senior Planner Commerdinger further reported he had received notification that the property owner to the west had entered into a purchase agreement for this property. Staff recommended revocation of the Conditional Use Permit due to failure to comply with the conditions of approval, and voluntary abandonment of the site.

Public hearing was opened, but there was no one present who wished to speak on this matter.

There was a consensus of the Commission to accept staff's recommendation. Commissioner Ballard noted for the record that attorney David Schonfeld, who filed the unlawful detainer-eviction notice, was a tenant in his law office. Commissioner Ballard announced that he was unaware that Mr. Schonfeld was involved in this matter, but did not have any interest in the case. The title of Resolution No. 6762 REVOKING a Conditional Use Permit for the operation of a law school use on property located at 233 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. 2

AMENDMENT A-1441 AND GENERAL PLAN REVISION GPR-97-4. APPLICANT: CITY OF FULLERTON

Staff report dated January 8, 1998, was presented pertaining to a request to consider changing the land use designation on the Land Use Map of the General Plan from "Low Density Residential" and "Commercial" to "Low-Medium Density Residential" or "Medium Density Residential" and to consider applying either an R-1-6,000, R-1P-6,000, R-2, R-2P, or R-3 zone classification for properties in the 100 blocks of West Ash, Elm, Rosslynn, Knepp, Southgate and Hill Avenues. (Negative Declaration)

Program Planner Linnell reported that this item was being presented to correct a zoning inconsistency between the General Plan and the City's zoning designations. This item was initiated by City staff to resolve the inconsistency, and is not being brought forward as a result of a request by homeowners. The area in question involves six residential blocks between Valencia Drive and Orangethorpe Avenue, on the west side of Harbor Boulevard.

The zoning for this area, for the most part is, R-2 and R-3; however, the General Plan designates the area as Low Density or Low-Medium Density. Each block and sub-block has its own characteristics which need to be reviewed by the Commission. Staff has made an attempt to contact each of the property owners and solicit their comments as to their preference in a zoning designation. Public workshops were held, but not heavily attended by property owners, and questionnaires were also mailed, which generated a 33% response rate.

Program Planner Linnell reviewed the sub-areas in question, noting the General Plan designation and zoning classification of each, and a slide presentation was shown depicting the various styles of homes. He also advised that staff is recommending a "P" designation for some of these blocks, as they have been recommended by Fullerton Heritage as areas that should have a preservation zone.

Commissioners Ballard, Godfrey and Munson felt uncomfortable with the "P" designation at this time. While in favor of correcting the inconsistencies in the area, they desired more input from the neighborhood before applying the "P" zone.

Public hearing opened.

Mohammed Amin, recently purchased the property at 115 West Ash Avenue, presently zoned "Commercial", and requested that this classification be retained.

Tony Bushala, 129 West Ash Avenue, spoke in support of staff's recommendation. He emphasized that he supported the "P" designation and urged the Commission to support it as well. He thanked staff for all of their efforts in this matter, and requested that they further study the half-acre parcel between Ash Avenue and Valencia Drive for its proper zone classification. He also asked if the City would consider replacing the present street lights with acorn-type lights to enhance the character of the neighborhood.

Public hearing closed.

Commissioner Ballard supported staff's recommendation, with the exception of the "P" zone designation. The remaining Commissioners concurred. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that the Negative Declaration be CERTIFIED. The reading of the title of Resolution No. 6763 RECOMMENDING to the City Council approval of a General Plan Revision to change the Land Use designation from Low-Density Residential and Commercial to Low-Medium Density Residential or Medium-Density Residential and to consider applying either an R-1-6,000, R-2, or R-3 zone classification for properties in the 100 blocks of West Ash, West Elm, West Rosslynn, West Knepp, West Southgate and West Hill Avenues, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS AMENDED, removing all references to a "P" zone designation.

Commissioner Ranii urged the residents in these areas to apply for a preservation zone designation.

Chief Planner Rosen announced that the City Council would hear this matter on February 17, 1998, during the evening session.

ITEM NO. 3a

AMENDMENT A-1444. APPLICANT: CITY OF FULLERTON

Staff report dated January 8, 1998, was presented pertaining to a request to consider an amendment to Chapters 15.04, 15.30, and 15.41 of the Fullerton Municipal Code to allow a "self-service storage facility" use in C-H and C-M commercial zones with approval of a Conditional Use Permit. (Negative Declaration)

Program Planner Linnell asked if the Commission wished to hear Items 3a and 3b simultaneously. It was the desire of the Commission to hear each item separately.

Program Planner Linnell reported that presently the City's zoning ordinance does not allow this type of use in commercial zones. There are not a large number of C-H and C-M zones within the City, and they are only located along major arterial highways. Staff's research shows that this type of use is being utilized by more residential users, and would be an appropriate use in some commercial zones. To allow this use in commercial zones, staff is recommending that: (1) a 15-foot landscape setback be required along any public street; (2) all self-service storage facilities shall be reviewed by the RDRC; and (3) all internal driveways shall be at least 30-feet wide, to give customers room to park while loading and unloading, and still allow ample internal circulation. Additionally, any requests would be subject to an approval of a Conditional Use Permit.

Commissioner Ballard asked for the standard alley width in the city, and Program Planner Linnell replied that the minimum width is 20 feet.

Commissioner Ranii was concerned with requiring a 15-foot landscaped setback, felt this standard should be more flexible and wished to change the wording to "average" 15-foot setback.

Commissioner Simons questioned what the current landscaped setback requirement was, and Program Planner Linnell answered that in a C-H zone, five feet is required; in a C-M zone the requirement is 10 feet. Chief Planner Rosen added that in these zones, the lots usually have longer frontages along the street, and this is why staff felt that the 15-foot setback was necessary.

It was Commissioner's Ranii opinion that the 30-foot wide interior lane was too excessive, and that a double lane with a turnaround at the end of the lane would accomplish what staff was trying to attain. Commissioner Godfrey inquired how many of the existing facilities of this type had 30-foot wide interior lanes, and Program Planner Linnell advised that there were none of which he was aware. At the other storage facilities located within industrial zones, the width is between 20-25 feet, because parking is not allowed in the internal driveway itself. Commissioner Simons asked if a vehicle could get through a 25-foot driveway with cars parked on either side, and Program Planner Linnell answered affirmatively.

Public hearing opened.

Brian Caster, developer of A-1 Storage facilities, supported the amendment as presented, and asked that a minimum of 25 feet be required for the interior driveway to accommodate large moving trucks. The average number of customers per day through their facilities is approximately 15-20.

Public hearing closed.

There was a consensus of the Commission for approval, with a modification of the Ordinance to include the word "average" to the 10-foot landscape setback requirement, with a minimum of a 5-foot setback for a one-story building and 15-feet for a two-story building. The Commission also wished to change the 30-foot interior lane requirement to "a minimum of 20 feet." Chairman Sandoval also noted an error in the first paragraph of the Ordinance and asked that "storling" be changed to "storing".

MOTION by Commissioner Ranii, seconded and CARRIED unanimously by voting members present, that the Negative Declaration be CERTIFIED. The title of Resolution No. 6764 RECOMMENDING to the City Council approval of an Amendment to Chapters 15.04, 15.30, and 15.41 of the Fullerton Municipal Code to allow a "self-service storage facility" use in various commercial zones with the approval of a Conditional Use Permit, 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 AMENDED, with modifications to the draft Ordinance as stated above.

ITEM NO. 3b

DEVELOPMENT PROJECT DP-97-5 (MAJOR) AND CONDITIONAL USE PERMIT CUP-981. APPLICANT: CASTER FAMILY ENTERPRISES; PROPERTY OWNER: TODD NOWLING

Staff report dated January 8, 1998, was presented pertaining to a request to consider site and architectural plans for a 124,300-square-foot self-storage facility on property located at 1207-1335 West Commonwealth Avenue (north side of Commonwealth Avenue, between approximately 373 feet and 1238 feet west of Euclid Street) (C-H zone) (Negative Declaration). A vicinity sketch was displayed.

Program Planner Linnell reported that at the present time, the property in question is being utilized as an auto repair/storage facility, as well as a church use. The facility meets all development standards proposed by staff, including the 15-foot landscape setback and 30-foot interior driveway requirements. The project has also been reviewed and approved by the RDRC. The facility will be a one-story facility along the street frontage, with two levels (up to 21-feet high) along the rear portion of the alley. There was discussion between the applicant and adjoining residents at the recent RDRC meeting, and the applicant agreed to the following: (1) the lighting along the alley would be to the satisfaction of the residents; (2) an aggressive management and maintenance program to address any graffiti will be provided; (3) no windows in the proposed buildings shall face north toward the residential properties; and (4) the building could be set back from the alley, with the condition that no building area is lost in the process.

Program Planner Linnell added it was staff's desire that if the building is set back from the alley, the 15-foot front landscape setback would not be affected (reduced). Program Planner Linnell advised that both the previous Amendment, and this Development project, would be heard by the City Council. Also, the Planning Commission resolution had been modified to require that the final decision for the lighting system along the alley is subject to approval by the Director of Development Services.

Commissioner Ballard questioned whether the graffiti program would be included as a condition of approval. Chief Planner Rosen answered that the Commission may require this item as a condition, if they so desired. Commissioner Ballard also asked what would be included in the proposed three-foot setback from the alley. Program Planner Linnell replied that the residents wished a paved area to be used for maneuverability. Senior Civil Engineer Wallin added that the Engineering Department would require that there be a differentiation in the paving between the alley and setback, because the setback would not be public property.

Commissioner Simons noted a jog in the property line along the alley and asked for clarification from staff. Program Planner Linnell explained that this was a small triangular area, approximately 8-feet deep, which the Engineering Department considers to be surplus alley and would like abandoned. This area presents a "blind spot" which constitutes a security problem, and the City would like the property owner to acquire and develop this small portion of the alley. If the development project is not approved, the applicant would not proceed with the abandonment recommended by the Engineering Department.

Chairman Sandoval asked if the abandonment should be made a condition of approval. Chief Planner Rosen answered that this item is addressed in the Engineer's letter, which is already a condition of approval.

Public hearing opened.

Brian Caster, applicant, again spoke and thanked staff for their assistance in the project. He was confident that all concerns of both the surrounding residents and the RDRC had been addressed. The lighting system will be directed downward and would not be a problem for the adjacent residences. He also stated that while the residents would prefer that the back building be moved five feet away from the alley, during a preliminary title report, a total of ten feet of land was lost after a survey showed a different property line. To remedy the look of a 21-foot building constructed on the alley property line, Mr. Caster proposed a new design to the Commission. This design would consist of constructing the rear building with a 10-foot high wall at the alley property line, set the building back five feet from that point, and then go up another 10 feet. The roof line between levels would be sloped downward, and would give a less massive appearance.

Commissioner Simons asked for the hours that management personnel would be on the premises, and if security cameras would be provided. Mr. Caster replied that the hours of operation will be from 8:30 a.m.-6:00 p.m., Monday through Friday, and 9:00 a.m.-5:00 p.m., Saturday and Sunday. There are no "live-in" managers, but a security system will be in place. All customers will have a "gate code" to the entrance of the facility, which then alerts the manager which door has opened. When the customer leaves and "punches out", the security system is activated. Mr. Caster added that break-ins to their facilities are rare, and 24-hour video surveillance cameras are provided.

Commissioner Ballard asked for clarification regarding applicant's graffiti management program. Mr. Caster explained that the company has a maintenance crew, which travels from facility to facility and has paint for the different facilities. If the maintenance crew cannot respond within three or four days, the on-site manager will paint over the graffiti.

In response to a question by Chairman Sandoval, Mr. Caster indicated that he had read and was in concurrence with all of the recommended conditions of approval.

Public hearing opened.

Robert McBirney, 1212 W. Amerige, distributed a flyer prepared by the neighborhood which addressed specific concerns of the neighborhood:

• A five-foot alley setback is requested for the rear building
• The use of "split-face" surfacing on the concrete block wall up to eight feet, instead of five feet
• Placing of transformers away from the alley to deter EMF rays
• Rain water from the roof of the new proposed facility should be directed to Commonwealth Avenue, rather than the alley, to prevent flooding to adjacent residences
• Overnight parking should be allowed for the 1100-1400 blocks of West Amerige Avenue during construction
• All lighting should accommodate the needs of adjacent residences

Keith Klimek, member of Praise Chapel Christian Fellowship, expressed his concern that this project would have a negative impact on the church presently utilizing the property. Commissioner Ballard pointed out that the environmental report indicated "no impact" due to the fact the church was leasing the property on a month-to-month basis. Chief Planner Rosen further clarified that the cultural and religious aspect of the Initial Study report pertains to a uniqueness of a property which cannot be replicated in another area of the community.

Todd Nowling, owner of the property in question, stated that at the time the church entered into a lease agreement, they were informed that the property would be sold, as well as certain time frames in which leaseholds would be refunded, either in full or in part.

Kathy McBirney, 1212 West Amerige, requested that the alley be kept clean and overnight parking be allowed during the construction process.

Chairman Sandoval asked if public access may be restricted during the construction process. Senior Civil Engineer Wallin responded that, from an Engineering standpoint, the alley may not be blocked and must be maintained daily.

John Kern, 1408 West Amerige Avenue, spoke in favor of this project and felt it would be a compatible use to the surrounding neighborhood. His three concerns were: (1) lighting directed away from the residences; (2) the roof line be designed per the new plan as presented by the applicant, to soften the massiveness; and (3) that the alley not be reduced in size.

Public hearing closed.

Commissioner Godfrey asked if the City had any policies regarding the maintenance of alleys. Senior Civil Engineer Wallin answered that the City presently has no funding to cover maintenance and repair of alleys, other than those in HCD areas.

Commissioner Simons questioned whether there is a potential for flooding in the alley. Senior Civil Engineer Wallin replied that he was unaware of any flooding problems in this area, and it was staff's intent to direct water to run off onto Commonwealth Avenue. The proposed sloped roof would provide some run off into the alley, but it would not be significant. Regarding the residents' request for a building setback from the alley, Chief Planner Rosen indicated that because of the applicant's new building design, i.e. to build the first story on the property line, and set back the second story five feet, no dedication would be necessary.

Commissioner Ballard reiterated his desire to see a graffiti maintenance program added as a condition of approval. The applicant stated he would have no objection to that condition.

There was a consensus of the Commission for approval. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that the Negative Declaration be CERTIFIED. The reading of the title of Resolution No. 6765 APPROVING a request to consider site and architectural plans for a new 124,300-square-foot, self-service storage facility on property located at 1209-1335 West Commonwealth 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 AMENDED, to include the addition of a graffiti maintenance program, and that the lighting plan be subject to approval of the Director of Development Services.

Chief Planner Rosen noted that this item would be heard by the City Council on February 3, 1998, during the evening session.

ITEM NO. 4

CONDITIONAL USE PERMIT CUP-982. APPLICANT: ARLEEN DAUBER ROBESON; PROPERTY OWNER: ROBERT H. MANSFIELD

Staff report dated January 7, 1998, was presented pertaining to a request to consider allowing a 1,282 square-foot expansion of an existing cigar store into adjacent tenant spaces for storage and a private, "members-only" lounge which will be licensed as a bar by the Alcohol Beverage Control Board, on property located at 118 West Wilshire Avenue (south side of Wilshire Avenue between approximately 275 and 300 feet west of Harbor Boulevard) (C-3 zone) (Categorically exempt per Class 1 of CEQA Guidelines).

Associate Planner Bane reported that the Red Cloud Cigar store in downtown Fullerton has a walk-in humidor, where they rent individual storage lockers. They would like to create a smoking lounge by expanding into the adjacent vacant tenant space. The new lounge would be available only to persons who rent a locker, and staff anticipates minimal impact, if any, to surrounding businesses. Staff recommended approval of the request, and noted that the new use would be specifically exempt from the state law prohibiting smoking in enclosed places of employment, because it is a licensed tobacco sales business. Associate Planner Bane added that an amended Engineer's letter had been provided, and Chairman Sandoval requested that the amended Engineer's letter dated January 14, 1998, be substituted for the January 7, 1998, letter referred to in the staff report.

Commissioner Simons asked if the liquor license was for beer and wine only. Associate Planner Bane answered that the current application to the ABC is proposed for beer and wine only; however, the applicant may petition the ABC at a future date to change the request to a full bar.

Commissioner Ballard informed the Commission that he is an owner of the property directly across the street from this location, but had no financial interest in this project. He also noted that in addition to the existing restaurants referenced in the staff report, there have been three new restaurants recently opened in the area.

Public hearing opened.

Patrick Robeson, 118 West Wilshire Avenue, spoke in favor of his request and thanked staff for their support. Because Mr. Robeson had not received a revised copy of the Engineer's letter, Chairman Sandoval requested that one be given to him. Mr. Robeson concurred with said letter, and with all of the recommended conditions of approval.

The following persons spoke in favor of the request:

Joseph Smith, Fullerton resident
Bill McGarvey, Fullerton resident
George Lowe, Fullerton resident
Luis Poleto, Fullerton resident
Chris Beard, Fullerton resident

Public hearing closed.

Chairman Sandoval wished a rewording of Condition No. 1, and in Condition No. 10 which should reflect the revised Engineer's letter.

There was a consensus of the Commission for approval. The reading of the title of Resolution No. 6766 APPROVING a Conditional Use Permit to allow a 1,282-square-foot expansion of an existing cigar shop into adjacent vacant tenant spaces for a smoking lounge where alcohol will be served, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS AMENDED above.

OTHER MATTERS

ITEM A

APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVE AND ALTERNATE TO THE URBAN RAIL STUDY TASK FORCE

Commissioner LeQuire was appointed as the Planning Commission representative to the Urban Rail Study Task Force, and Chairman Sandoval was selected as alternate.

ITEM B

INFORMATION REGARDING 1998 COMMISSIONER ORIENTATION AND PLANNER'S INSTITUTE

Chief Planner Rosen updated the Commissioners on the 1998 Commissioner orientation, to be held on February 24, 1998, and the League of California Cities Planner's Institute, to be held on March 5-7, 1998.

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 January 28, 1998, at 4:00 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 9:31 p.m.