MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY JANUARY 28, 1998 4:00 P.M.

CALL TO ORDER The meeting was called to order by Chairman Sandoval at 4:00 p.m.

ROLL CALL: Chairman Sandoval; Commissioners Ballard, Godfrey, LeQuire, Munson, and Ranii

ABSENT: Commissioner Simons

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

MINUTES: MOTION by Commissioner Ranii, seconded and CARRIED by a 5-0 vote, with Commissioner LeQuire abstaining, that the Minutes of the January 14, 1998, meeting be APPROVED AS WRITTEN.

PUBLIC HEARINGS:

ITEM NO. 1

SITE PLAN SP-739 (MAJOR). APPLICANT: GEORGE SEITZ; PROPERTY OWNER: DAVIS PARTNERSHIP INCORPORATED

Staff report dated January 5, 1998, was presented pertaining to a request to consider site and architectural plans for the construction of a 40,000-square-foot spec industrial building on a 96,877-square-foot lot, on property located at 2761 Moore Avenue (north side of Moore Avenue between approximately 355 and 855 feet west of Burning Tree Road (M-G zone) (Negative Declaration).

Senior Planner Commerdinger reported that this was one of the last vacant parcels in the Catellus subdivision at Burning Tree Road and Moore Avenue. The request meets or exceeds all requirements of the code, and nine conditions of approval were attached. Staff recommended approval of the request, with one modification: the second sentence of Condition No. 1 in the staff report regarding increased landscaping was not applicable, and was deleted in the Planning Commission resolution.

Public hearing opened.

Larry Nelson, Davis Partnership, first complimented staff for their assistance with this project. He indicated that they are ready to begin construction, and he had read and concurred with all recommended conditions of approval.

Public hearing closed.

There was a consensus of the Commission for approval. Commissioner Ballard noted that he felt these types of requests could be handled at staff level. MOTION by Commissioner Munson, seconded and CARRIED unanimously by voting members present, that the Negative Declaration be CERTIFIED. The title of Resolution No. 6767 APPROVING site and architectural plans for construction of a new 40,000-square-foot industrial building on a 96,887-square-foot lot on property located at 2761 Moore Avenue, was read and further reading was waived. MOTION by Commissioner Munson, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 2

SITE PLAN SP-740 AND CONDITIONAL USE PERMIT CUP-983. APPLICANT: FRED FIEDLER & ASSOCIATES; PROPERTY OWNER: CHEVRON PRODUCTS, INC.

Staff report dated January 21, 1998, was presented pertaining to a request to consider site and architectural plans for a new service station with mini-market on property located at 2961 East Yorba Linda Boulevard (northwest corner of Yorba Linda Boulevard and Placentia Avenue) (C-2 zone) (Negative Declaration).

Program Planner Linnell reported that the existing service station with service bays would be demolished, and a new service station (pumps only) will constructed with a mini-market. The site plan meets or exceeds all development standards and staff recommended approval of the request, subject to seven conditions of approval.

Public hearing opened.

Lee Torres, Fred Fiedler & Associates, thanked the planning staff for their assistance with this project. He indicated that he had read and concurred with all of the recommended conditions of approval; however, he requested clarification for one item contained in the Engineer's letter.

Al Norris, Chevron Products, Inc. stated that clarification was needed for Condition No. 7, where the Engineer's letter stated that a possible dedication would be needed. He informed the Commission that, with the enhanced planter which is proposed, there would not be enough room for the transports to make the turn between the corner and the edge of the canopy. He also noted that Chevron was not the property owner, so any dedication would be the responsibility of Wells Fargo Company.

Senior Civil Engineer Wallin reported that he had previously discussed this item with the applicant. He clarified that the corner must be made wheelchair accessible, which may be accomplished in two ways: (1) do a corner cutoff and widen the sidewalk; or (2) modify the existing sidewalk within an existing right of way. He added neither of these options should in any way affect the large trucks entering or exiting the property. Mr. Norris indicated that under this interpretation, he did not foresee a problem.

Commissioner Ballard questioned whether the on-site maneuverability would be easier if the landscaped areas were reduced from seven feet to five feet. Mr. Norris answered affirmatively.

Public hearing closed.

Commissioner Ballard felt uncomfortable with requiring seven-foot landscaped planters, when the code only requires five feet, and requested that the condition be changed to reflect such. Director Dudley reminded the Commission that the code does allow staff to request additional landscaping at their discretion. This item had already been discussed with the applicant and at no point had the applicant indicated that seven feet could not be accommodated. In response to a question by Commissioner Munson, Director Dudley stated that because the property will be totally cleared, staff felt that the landscaping should be enhanced along the street frontages.

Mr. Norris clarified that, while the on-site flow would be improved with a two-foot reduction, they would be amenable to either five-foot or seven-foot landscaped planters.

Public hearing closed.

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. 6768 APPROVING site and architectural plans for construction of a new service station with mini-market on property located at 2961 Yorba Linda Boulevard, was waived. MOTION by Commissioner Ballard, seconded and CARRIED by a four-to-two vote, with Commissioners Godfrey and Ranii voting no, that said Resolution be ADOPTED AS AMENDED, with the reduction of the landscaped planters from seven feet to five feet.

ITEM NO. 3

CONDITIONAL USE PERMIT CUP-899. APPLICANTS AND PROPERTY OWNERS: HARRY AND MARY DRAPEL.

Staff report dated January 15, 1998, was presented pertaining to a hearing to review the compliance with conditions of approval for a roller rink, arcade, snack bar and proshop in an existing commercial building on property located at 464 West Commonwealth Avenue. This hearing will include discussion of existing conditions of approval, the potential of attaching additional conditions of approval and the setting of a public hearing to consider modification or revocation of the Conditional Use Permit (southeast corner of Commonwealth and Richman Avenues) (C-H zone).

Senior Planner Commerdinger reported that the Conditional Use Permit for this location was originally granted in October of 1993. A six-month staff review was conducted from that date, and the business has since been in operation. In early December 1997, staff was approached by the operator of the facility, who wished to fence in the rear property in order to construct an outdoor roller skate "park", complete with jumps. The project manager approved the construction of the fence, but required that construction be halted pending final Planning Commission action on the modification of the CUP. The fence was built and remains on site; however, any expansion into this area for the roller rink activity has not occurred.

The construction of this fence is also a matter of contention between the operator of the facility and the adjacent commercial tenant to the east. Staff has attempted, thus far unsuccessfully, to resolve the matter, and has offered to meet with the two parties to arrive at a mutually-acceptable conclusion. The operator has also met with other commercial neighbors; not all of the meetings have been positive. The adjacent property owner also contends that there are alleged violations of laws and conditions of approval for the site, which in turn have a negative impact on their businesses.

Staff has requested a police log of activity for the entire 400 block of West Commonwealth Avenue for the past year. Senior Planner Commerdinger also noted that this operation has raised issues with the City's Building and Code Enforcement divisions. He referenced a memo submitted to the Commission which stated the following:

• Two metal storage containers on site were to be removed, and this has been done.
• The block work for the west exit was installed without benefit of permit or inspections. The initial inspection has been done, the walls are being opened to ensure that steel rebar is in place, and footings are being dug up for inspection.
• Plans for the additional lockers are in the plan check process.
• Landscaped areas in need of maintenance have been addressed.
• Request by M. G. Disposal regarding location of trash bin has been addressed.

Because there are adjacent tenants with concerns about the existing operation, and the operator wishes to modify the CUP, staff suggested that the Commission review the information presented, and receive public comments during the meeting. After that time, it was staff's recommendation that the Commission set a public hearing date for modification/revocation of the Conditional Use Permit. Staff has set February 11, 1998, as the tentative date for this hearing, and this item will be the only matter heard.

Public hearing opened.

Stuart Silver, owner of Stuart's Rollerworld, recognized that there was a personality conflict with his adjoining neighbor, and he would be willing to sit down in an attempt to work out any problems. He gave examples of how the facility benefits the community, especially the youth who attend Fullerton schools. Mr. Silver stated that he did an independent survey of adjacent businesses and surrounding community, which gave favorable comments regarding the use. Seventy-six responses stated there was no problem with the facility. Three responses indicated that there were problems. Copies were distributed to the Commission.

The following persons spoke in favor of the facility:

Ted Glad, 1211 North Euclid Avenue
Mike Glad, 1211 North Euclid Avenue
Justin Green, 121 Terraza, San Carlos
Myra Stoltzman, 661 Verona, La Habra
Dave McGeith, 550 West Williamson, Apt. 7
Brandon Martin, 643 North Woods
Brett Martin, 643 North Woods
Pam Makeno, 10191 Beach Boulevard, Stanton
Sandra Wilder, 1142 North Glenview Drive
Cecelia Menton
Jeremy Orbin, 1455 Foremast Drive, La Mirada
Marilyn Silver, wife of Stuart Silver

The points of support included:

• It gives young people a place to roller blade/skateboard and keeps them off the streets.
• The facility requires that safety equipment be worn at all times.
• Provides good family activity and positive environment.
• Have never experienced a parking problem with the facility.
• Schools and other private properties would not be defaced by skates and skateboarding activity.
• When Rollerworld personnel observe children skating in the adjacent parking lot, they are told to stop.

The following persons spoke in opposition to the facility:

Florence Plummer, owner of the French Village, indicated that seven out of eight of her tenants are against the skating use. She distributed letters from those tenants to the Commission. Since 1993, she has made numerous attempts to discuss problems with Mr. Silver when they occur. Also, the proposed skate park would take away from the 63 parking spaces which are needed for use by Stuart's Rollerworld.

Lori Mortozie, tenant in the French Village
Gary Petitt, 209 South Richman Avenue
James Callahan, 204 South Richman Avenue

The points of opposition included:

• Persons continue to park on French Village property, especially during special events.
• Children skate all around the facility during the day and night when not inside the building, and French Village tenants fear that the skaters will injure themselves on their property.
• Trash and debris are not picked up on a daily basis on Rollerworld property.
• Large trucks have blocked access to the French Village tenants.
• Surveys were not received by all adjacent tenants.
• Surrounding residents have experienced damage and vandalism to their property
• Wrong location for this type of facility-too close to the train tracks.
• The fence blocks the view of adjacent tenants.

Chairman Sandoval noted that the public hearing on this matter would remain open until the February 11, 1998, Planning Commission meeting.

Commissioner Munson was satisfied that adequate testimony had been received to warrant setting a modification/revocation hearing for this matter. He strongly urged both Mrs. Plummer and Mr. Silver to meet in an attempt to solve some of their differences, before that hearing.

MOTION by Commissioner Munson, seconded and CARRIED unanimously by voting members present, that this matter be CONTINUED until February 11, 1998, at 4:00 p.m.

Commissioner LeQuire stated that he wished to see more detailed information regarding the proposed expansion, i.e. anticipated number of vehicles and special events.

OTHER MATTERS

ITEM A

RESOLUTION OF INTENTION

The reading of the title of Resolution No. 6769 DECLARING the Planning Commission's intention to consider amending Chapter 15.17 of the Fullerton Municipal Code pertaining to siting requirements for fraternities and sororities was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously that said Resolution be ADOPTED AS WRITTEN.

ITEM B

REVIEW OF COUNCIL ACTIONS

There were no reports on recent City Council meetings.

ITEM C

PUBLIC COMMENTS

There was no one present who wished to speak on any matter within the Commission's jurisdiction.

Director Dudley noted that staff was in agreement with a comment made by Commissioner Ballard regarding staff review of industrial spec buildings which meet all development standards. He asked for direction from the Commission to review and modify that portion of the code which would eliminate the need for these buildings to be heard by the Planning Commission. There was a consensus of the Commission for staff to proceed.

ITEM D

AGENDA FORECAST

The next regularly-scheduled meeting will be February 11, 1998, at 4:00 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 5:22 p.m.