MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY NOVEMBER 14 2001, 4:00 P.M.

CALL TO ORDER:

The meeting was called to order by Chairman Simons at 4:00 p.m.

ROLL CALL:

Chairman Simons, Commissioners Crane, LeQuire, Price, Wilson and Sandoval

ABSENT: Commissioner Allred-Blake

STAFF PRESENT: Chief Planner Rosen, Senior Planner Mullis; Program Planner Linnell; Associate Planner Viado; Assistant Planner Kusch; Senior Civil Engineer Wallin and Recording Secretary Stevens

MINUTES:

MOTION by Commissioner LeQuire, seconded and CARRIED by a 5-0 vote, with Chairman Simons abstaining, that the Minutes of the October 24, 2001, meeting be APPROVED AS WRITTEN.

Chairman Simons announced that Item A under OTHER MATTERS would be continued to the next regularly-scheduled meeting.

PUBLIC HEARINGS:

OLD BUSINESS:

ITEM NO. 1
CONDITIONAL USE PERMIT CUP-1047. APPLICANT: WESTVIEW DAYSTAR; PROPERTY OWNER: WESTVIEW SERVICES, INC.

Staff memorandum dated November 7, 2001, was presented pertaining to a request to allow a social service facility for the training of basic skills for the mentally and physically disabled population of the community on property located at 626 West Commonwealth Avenue (between approximately 220 and 320 feet east of the southeast corner of Woods Avenue and Commonwealth Avenue) (Categorically exempt under Section 15301 of CEQA Guidelines).

Assistant Planner Kusch reported this was a reconsideration of a previously-denied Conditional Use Permit. The request had been denied by the Planning Commission because of the inadequacy of available parking. Neighboring car dealerships also opposed the request because of the lack of on-site parking and the maneuvering of vans which drop off and pick up clients at the facility. As part of the appeal to the City Council, the applicant submitted a revised description of the proposed use, including reducing the number of employees. Because a revised plan had been submitted, the item was remanded back to the Planning Commission by the City Council. With the revised application, staff could support the Conditional Use Permit, including a condition to designate one of the parking spaces as a time-restricted space to accommodate vans delivering clients. To ensure that the parking lot would not become congested, staff recommended limiting the number of busses at any given time to a total of two. The applicant is currently licensed by the state to care for 43 clients, with one employee for every three clients. With this requirement, and the nine available parking spaces on site, the applicant shall be required to modify its state license and reduce the number of clients to a maximum of 27. Staff noted that two letters had been received from McCoy & Mills Ford and Mullahey Chevrolet, which were included as part of the public record.

Commissioner Price questioned how staff would monitor if the number of clients were reduced to 27, and Assistant Planner Kusch answered that documentation from the state licensing board would be required.

Commissioner Crane asked what type of permits are approved at this time for this location. Assistant Planner Kusch replied that the C-H zone permits an office use without the need for a Conditional Use Permit. In 1996, a change of occupancy was applied for by a church, but was never completed. A Fire Department permit was approved, but there were no permits acquired from the Building Department to allow this assembly use.

Public hearing opened.

Dave Uata, Westview Services, indicated that building permits had been pulled prior to moving into the building, requiring the installation of a fire alarm system and improvements to comply with ADA requirements. He stated that he had documentation from the City approving an A-3 occupancy. Upgrading the facility has cost approximately $150,000, and he felt that the City should have informed them about the Conditional Use Permit requirements earlier. Mr. Uata stressed the need for this type of service in Fullerton, and the importance of helping disabled individuals become a part of the community.

Commissioner Crane asked to see the documentation which Mr. Uata had in his possession and it was shown to him.

Commissioner Price asked if the applicant had read and concurred with all recommended conditions of approval. Mr. Uata stated that he concurred with all but one condition, Condition No. 7, requiring that the existing water service be replaced. Mr. Uata indicated that this would be a great expense to their non-profit organization.

Chairman Simons asked if the OCTA busses backed up onto the adjacent car dealership properties when dropping off clients. Mr. Uata answered that, while they had done this in the past, they no longer do so because of new regulations imposed on the drivers by the County.

Chet Dawson, Mullahey Chevrolet, opposed the Conditional Use Permit and gave photos to the Commission showing OCTA busses encroaching onto their property. He emphasized the danger in having the busses continually backing in and out, particularly because customers and sales personnel exit the car dealership from that side of the facility to test drive the vehicles.

Mr. Uata wished to enter a letter from OCTA into the public record, which outlined the new regulations for their drivers to and from this facility.

Chairman Simons wished clarification on the documentation approving an A-3 occupancy which Mr. Uata had in his possession. Chief Planner Rosen explained that the investigation for the change of occupancy had been approved, but the applicant neglected to obtain a signature from the Building Department on the reverse of the form which would have completed the process. He stated that there was most likely a lack of communication between City departments.

Chairman Simons asked Mr. Dawson if the new plan to circulate the busses in and out of the facility would hinder access to the car dealership, and Mr. Dawson answered negatively.

Public hearing closed.

Commissioner Crane expressed concern regarding parking and circulation and did not support the project at this time. Commissioner LeQuire concurred, and added that if the applicant had met with the City prior to purchasing the property, they may have attempted to find a more suitable location.

Commissioner Sandoval also felt that the use was incompatible with the adjacent property owners. She noted that the conditions were very restrictive to the applicant, and because this is a human services agency, all necessary improvements to the existing water service should be made. She did not support the request. Commissioner Wilson concurred, adding that the existing parking and circulation is a safety issue.

Commissioner Price stated that while the services provided by Westview are laudable, this was an incompatible use with surrounding businesses.

There was a consensus of the Commission to DENY the request. The title of Resolution No. 6941 DENYING a request to allow a human services agency providing training of basic skills for the mentally and physically disabled population of the community on property located at 626 West Commonwealth Avenue, was read and further reading was waived. MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

Chairman Simons noted that this item could be appealed to the City Council within ten days.

NEW BUSINESS:

ITEM NO. 1
TRACT TR-16143. APPLICANT AND PROPERTY OWNER: KB HOME COASTAL

Staff report dated November 7, 2001, was presented pertaining to a request to subdivide a 10.2-acre parcel to create 85 single-family residential "green court" and additional lots for open space, parking and circulation purposes on property located within the Amerige Heights Specific Plan (south of Pioneer Avenue, southwest of Parks Road and northwest of Bastanchury Road) (Specific Plan District) (Previously certified EIR) (Continued from October 24, 2001).

Associate Planner Viado reported that the property in question is within Neighborhood 3 of the Amerige Heights Specific Plan, adjacent to Sunny Hills High School. Each residential single-family lot will be a minimum of 2,400 square feet in size, and ten "green court" areas will be located within the development. Each of the 85 numbered lots will contain two-story, three-bedroom homes with three different styles of architecture. Open space lots will be located within the development, and will be maintained by the homeowner's association. Access to each unit will be off of a private "lane" to the rear of each property. A private driveway located to the south of the development will be used by Sunny Hills High School for limited access. A parking lot for use by Sunny Hills High School is included on the map and will be dedicated to the school district. Guest parking will also be provided throughout the development and on the street. Staff recommended approval of the request.

Commissioner Crane asked how many visitor stalls are allocated to each unit, as well as fire access to the two private driveways. Associate Planner Viado answered that one guest parking space shall be provided for each unit, as well as available on-street parking. Chief Planner Rosen added that the Fire Department had reviewed the plan, and a fire turnaround would not be required on private lanes. During the final plan check process the end units may be sprinklered.

Commissioner Sandoval questioned who would maintain the access road to the high school. Chief Planner Rosen explained that the landscaping may be maintained by the homeowner's association, but the road itself would be dedicated to the school district.

Public hearing opened.

David Hutchins, KB Homes, stated that he had read and concurred with the recommended conditions of approval. Chairman Simons asked how much land the developer will give to the school district, and Mr. Hutchins replied that it was a little under an acre.

Public hearing closed.

Commissioner Crane asked if requiring that the end units be sprinklered should be added as a condition of approval. Chief Planner Rosen answered negatively, adding that this is something which may or may not be required after final plan check. Commissioner Crane said that he favored the project as presented.

Commissioner Wilson supported the project, but added that he did not favor the proposed architectural styles and felt that the street on the north side should be wider.

There was a consensus of the Commission for approval. The title of Resolution No. 6943 APPROVING a tentative tract map to subdivide a 10.2-acre parcel to create 85 single-family residential lots and additional lots for open space, parking and circulation purposes on property located within the Amerige Heights Specific Plan, was read and further reading was waived. MOTION by Commissioner LeQuire, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 2
CONDITIONAL USE PERMIT CUP-1054. APPLICANT: ALBERT BUSHALA; PROPERTY OWNER: RITA BRIDGE

Staff report dated November 7, 2001, was presented pertaining to a request to allow a 5,800-square-foot sports bar with a 500-square-foot dance floor in an existing building on property located at 205-207 North Harbor Boulevard (west side of Harbor Boulevard between approximately 50 and 125 feet north of Amerige Avenue) (C-3 zone) (Categorically exempt under Class 1 of CEQA Guidelines).

Program Planner Linnell reported that the applicant was proposing to make extensive improvements to the existing building, and overhead slides were shown depicting the proposed design. The façade along Harbor Boulevard will be remodeled, by moving the storefront back five feet to create an outdoor seating area. A kitchen will be available, but the applicant would not be required to serve food with a Type 48 license. All alcoholic beverages will cease being sold at 2:00 a.m., although the business will remain open until 4:00 a.m. Staff had been contacted by a number of surrounding businesses, who voiced concern regarding the availability of parking in the downtown area. Staff felt that while there is a lack of parking in the immediate area, there is sufficient parking in the overall downtown area to accommodate this use and all other businesses. Staff recommended approval of the request, and reminded the Commission that the use may be revoked if a number of verifiable complaints are received. There are seven conditions of approval, with an eighth one to be added requiring an upgrade to the water services per the Engineering Department.

Chairman Simons inquired whether a restaurant which either did or did not serve alcohol could operate at this location without benefit of a Conditional Use Permit, and Program Planner Linnell answered affirmatively. Program Planner Linnell explained that the CUP process was triggered by the "bar" use and the dance floor.

Commissioner LeQuire questioned whether any other establishments in the area operated until 4:00 a.m., and Program Planner Linnell answered negatively.

Commissioner Crane asked if staff was aware when the Downtown Parking Study would be completed. Ken O'Leary, Redevelopment & Economic Development Department, stated that the study had been started, and the first draft would be available in January. The implementation of any recommendations would take years to complete.

Commissioner Wilson commented that there had been no major developments to the downtown since 1994-1995, when the Spring Field Banquet Facility was opened, so parking has not recently been an issue.

Public hearing opened.

Albert Bushala, 886 Kelly Court, Brea, requested Commission approval for the proposed use and introduced his architect to give specifics regarding the project.

Ken Parsons, 221 N. Harbor Boulevard, Suite D, acknowledged that parking was an issue in the downtown area. Because of the operating hours of the proposed business, which opens at 4:00 in the afternoon and would stay open until 4:00 a.m., the bulk of operating hours would be after normal business hours. He also felt that the conditions of approval would prohibit the use from becoming a public nuisance, while adding "foot traffic" to the downtown area.

Chairman Simons asked for clarification on improvements to the front and rear of the building. Mr. Parsons explained that the new storefront wall would be outfitted with "accordion-type" folding doors, which can be folded back during the business day. The rear of the building will be sandblasted to restore the red brick, and existing windows which have been boarded up would be reopened.

Senior Civil Engineer Wallin reminded the Commission that the applicant must obtain a separate permit to encroach into the public right-of-way in the front of the building, and there was no guarantee that a permit would be granted.

Commissioner LeQuire noted that the building in question is between two other buildings, and asked what steps would be taken by the applicant to address the noise issue. Mr. Parsons informed him that there are two 12-inch thick masonry walls on either side of the building to mitigate the noise.

Commissioner Sandoval wished to know if the applicant had read and concurred with all of the recommended conditions of approval, including the Engineering Department requirement to upgrade the water service. Mr. Bushala answered that he concurred with all of the conditions, but was unaware of what the water service requirement entailed. Mr. Parsons questioned whether the service upgrade was conditioned because fire sprinklers were required, or because of general usage to the building. Senior Civil Engineer Wallin explained that upgrading the meter to current standards was a standard requirement. Mr. Parsons requested that if fire sprinklers are not required, that the applicant not be required to upgrade the service for that purpose. Senior Civil Engineer Wallin reiterated that any water service to the building must be reviewed and upgraded to current standards, whether or not fire sprinklers are required.

Commissioner Wilson asked if any of the conditions of approval addressed the hours of operation for the dance floor. Chief Planner Rosen clarified that there are no restrictions for the dance floor, but the applicant must abide by the City's noise ordinance. Commissioner Price further inquired if the Commission could restrict the hours of operation and Chief Planner Rosen answered affirmatively.

Mr. Bushala stated that the Police Department was aware of the project, and was in favor of the proposed use.

The following persons spoke regarding the project:

Tim Bevens, 114 West Wilshire Avenue
Richard Bobo, 1305 Post Road
Jack Franklyn, 305 North Harbor Boulevard
Patrick Robeson, 118 West Wilshire Avenue
Louis Mata, 113 West Amerige Avenue
Sandy Cates, 116-1/2 West Wilshire (felt that the City should place signs in the downtown area showing where the public parking lots are).
Louis Koontz, 106 West Wilshire Avenue
Glenda Brooks, 211 North Harbor Boulevard
Dan Lauriano, Rock N Taco Cantina

The points of opposition were:

• There is not enough parking in the immediate vicinity for this use and other existing uses.
• There is an existing problem with trash and graffiti which needs to be addressed, and the proposed use would exacerbate the problem.
• The Planning Commission should stress the urgency of completing the downtown parking study so additional parking structures may be built.
• The downtown needs more retail establishments which will be open during the day to generate more foot traffic
• There is a concentration of bars in the downtown area and more family restaurants are needed

Public hearing closed.

Commissioner Wilson supported the project as presented, did not feel that another nighttime use would be detrimental to the downtown area, and would provide more foot traffic for other businesses. He reiterated that the downtown parking study should be completed as soon as possible, to enable new businesses to come into the downtown.

Commissioner Price also supported the project because, while parking is definitely an issue, he did not want to "punish" this applicant because of it. He felt that this would be an acceptable use, and it would be better than to leave the property vacant.

Commissioner Crane expressed his concern about the lack of parking and trash problems. He suggested that the matter be continued until a traffic study is completed, but could not support it at this time.

Commissioner Sandoval supported the project, but again pointed the urgency of completing the parking study as soon as possible to alleviate the parking problem in the downtown and assist both existing merchants and new businesses. She also asked that letters from the Chamber of Commerce and Wayne Wedin be entered into the public record.

Commissioner LeQuire did not favor the "saturation" of bar uses in the downtown and agreed that more daytime businesses are needed. Also, because of the late hours of operation for this use, he did not support the project.

Chairman Simons wondered if anything could be done in the interim about the trash problem, and whether or not there were monies in the Five-Year Capital Improvement program for a parking structure. Chief Planner Rosen suggested either additional trash containers could be placed in the public right-of-way, or M.G. Disposal could be contracted to increase the frequency of their pickups.

Director Dudley informed the Commission that there was money in the Redevelopment budget for a parking structure associated with the Fox Theater property, and a new lot is presently being constructed on Santa Fe Avenue. The City Council will defer adding any new lots until the completion of the parking study.

There was a consensus of the Commission for approval. The title of Resolution No. 6949 GRANTING a 5,800-square-foot sports bar with a 500-square foot dance floor on property located at 205-207 North Harbor Boulevard was read and further reading was waived. MOTION by Commissioner Sandoval, seconded and CARRIED by a four-to-two vote, with Commissioners Crane and LeQuire voting no, that said Resolution be ADOPTED AS AMENDED, adding Condition No. 8 requiring upgrade to the existing water service.

ITEM NO. 3
CONDITIONAL USE PERMIT CUP-1055. APPLICANT AND PROPERTY OWNER: KIMBERLY-CLARK

Staff report dated November 7, 2001, was presented pertaining to a request to allow a 13.4-megawatt gas turbine cogeneration facility with a 55-foot high stack on an existing manufacturing facility located at 2001 East Orangethorpe Avenue (approximately 1,174 feet north [to Kimberly Avenue] and up to 1,947 feet east [to State College Boulevard] of the northeast corner of Orangethorpe Avenue and Acacia Avenue) (M-G zone) (Negative Declaration).

Senior Planner Mullis reported that the new cogeneration facility would allow Kimberly-Clark to generate enough electricity to run the current operations of the mill. The major components of the facility will be a gas turbine, catalytic reduction system, a 10,000-gallon aqueous ammonia storage tank with transfer equipment and a 45-55 foot high stack. These improvements will be only nominally visible from any public street. A Mitigated Negative Declaration shows that the project will have no significant impacts upon the environment with the mitigation measures. Staff made a minor modification to Mitigation Measure No. 11, adding language which will allow other means of noise attenuation to achieve 85 dba at three feet. Staff recommended approval of the request, adding that staff had received no public input regarding this project.

Public hearing opened.

Ed Bowersocks, Facility Manager, reported that the new cogeneration facility is critical to Kimberly-Clark's operations because of rising utility costs, and will also save 12 megawatts on a daily basis to the surrounding community. The 19.8 million dollar cogeneration facility will generate all the electricity and steam demands for Kimberly-Clark. He indicated that he read and concurred with all recommended conditions of approval, and they will also comply with all SCAQMD requirements as well. He thanked staff for their cooperation with this project.

Barbara Kilponen, Member of the Board of Trustees of Fullerton Joint Union High School District spoke on behalf of the project. She stated that three cogeneration units are in Fullerton High Schools and help immensely with lowering utility costs.

John Phelps, 1840 Lexington Avenue, and Bill Gillespie also supported the project.

Public hearing closed.

There was a consensus of the Commission for approval. MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members present, that the Mitigated Negative Declaration be CERTIFIED. The title of Resolution No. 6944 GRANTING a request to construct and operate a 13.4-megawatt gas turbine cogeneration facility with a 55-foot high stack on property located at 2001 East Orangethorpe Avenue, was read and further reading was waived. MOTION by Commissioner LeQuire, seconded and CARRIED unanimously by voting members present that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 4
CONDITIONAL USE PERMIT CUP-238A. APPLICANTS: DANIEL STENTZ AND CARS UNLIMITED; PROPERTY OWNER: HAROLD SCHUTH, INC.

Staff report dated November 7, 2001, was presented pertaining to a request to consider a modification to an existing Conditional Use Permit to include auto repair at an existing facility that presently allows auto sales, storage and car preparation on property located at 1860 West Commonwealth Avenue (south side of Commonwealth Avenue between approximately 100 and 440 feet east of the southeast corner of Commonwealth Avenue and Lloyd Avenue), 148 and 152 South Lloyd Avenue (on the east side of Lloyd Avenue between approximately 150 and 258 feet south of Commonwealth Avenue).

Assistant Planner Kusch reported that in 1970 the Planning Commission approved Conditional Use Permit CUP-238 expanding an existing auto dealership to allow for the preparation and storage of cars. The applicant was seeking to modify the existing CUP to allow for servicing of vehicles including detailing, bodywork, and painting. The proposal would utilize the existing building at the rear of the property for the repair and maintenance of vehicles, and auto conditioning. The proposed hours of operation are: M-F, 8 a.m. to 5 p.m., and the site will not be altered in terms of the parking layout or on-site circulation. The applicant will also have a paint booth, which shall meet all emission requirements, and conditions were added to address noise, glare and odors. The Engineering Department also wished to add a condition that upgrades to the existing water service may be required.

Commissioner LeQuire asked if any conditions were added to address noise from compressors, etc. Assistant Planner Kusch answered that the applicant must adhere to the existing noise ordinance.

Public hearing opened.

Dan Stentz, New Life Service Company, and Marna DuShayne, Cars Unlimited, 1860 West Commonwealth Avenue, stated that they wished to upgrade the Conditional Use Permit and solicited Commission approval. They had read and concurred with all conditions of approval, including Condition No. 15.

Public hearing closed.

There was a consensus of the Commission for approval. The title of Resolution No. 6942 APPROVING a request to modify an existing Conditional Use Permit to include auto repair at an existing facility that presently allows auto sales, storage and car preparation on property located at 1860 West Commonwealth Avenue, was read and further reading was waived. MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS AMENDED, to include Condition No. 15 requiring possible upgrade to the water service.

ITEM NO. 5
PARCEL MAP PM-01-197. APPLICANT: EADSON AND ASSOCIATES, INC.; PROPERTY OWNER: INPAC PARTNERS

Staff report dated November 7, 2001, was presented pertaining to a request to allow a subdivision of an 8.5-acre commercial property to create two lots on property located at 3920 North Harbor Boulevard and 120 East Imperial Highway (C-2 zone) (Categorically exempt under Class 1 of CEQA Guidelines).

Associate Planner Viado reported that the applicant was requesting to parcel off the existing Giovanni's Restaurant in an existing shopping center. There is a lot line adjustment concurrently being processed for the Mobil Gas station on the corner, which will give that parcel an additional 11,000 square feet of area. Parcel 1 will contain 359,451 square feet, including parking and circulation areas and Parcel 2 will be the restaurant pad and some sidewalk area totaling 6,699 square feet. Because all parking will be included on Parcel 1, staff is requiring the applicant to submit a joint parking, access and maintenance agreement which must be recorded concurrently with the parcel map.

Public hearing opened.

Bill Eadson, Eadson & Associates, made himself available for questions from the Commission. Chairman Simons asked if Giovanni's Restaurant would remain, and Mr. Eadson answered affirmatively. The applicant indicated he had read and concurred with all conditions of approval.

There was a consensus of the Commission for approval. The title of Resolution No. 6945 GRANTING a parcel map to subdivide an existing 8.5-acre parcel into two lots on property located at 3920 North Harbor Boulevard and 120 East Imperial Highway was read and further reading was waived. MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 6
SITE PLAN SP-838 & CONDITIONAL USE PERMIT CUP-1051. APPLICANT: ORANGE COUNTY HEALTH CARE AGENCY; PROPERTY OWNER: TOORAJ BEKHTIARI.

Staff report dated November 7, 2001 was presented pertaining to a request to consider site and architectural plans to add approximately 3,200 square feet to an existing 11,800 square foot commercial building; to allow the floor/area ratio (FAR) to exceed .350 with this addition; and to allow a counseling center for clients needing mental health and substance abuse services provided by the County of Orange on property located at 1501 West Commonwealth Avenue (northwest corner of Commonwealth and Orchard Avenues) (C-H zone) (Categorically exempt under Class 1 of CEQA Guidelines).

Program Planner Linnell reported that the existing building is occupied by Adelphia Communications (formerly Comcast Cable). The applicant is proposing to utilize the building for its regional office, relocating from their current offices in the 200 block of West Commonwealth Avenue. The building will be enlarged to provide offices for staff personnel, and the clients who will frequent the facility will be by appointment only. The County had previously conducted a neighborhood meeting, which was attended by approximately 20 nearby residents. Staff recommended approval of the request with fourteen conditions of approval, one of which allows revocation of the Conditional Use Permit if three or more verifiable complaints are received. One letter of opposition had been received by staff prior to the Planning Commission meeting, which would be entered into the public record.

Public hearing opened.

Annette Mugrditchian, Program Manager for Adult Mental Health Services, introduced Sgt. Alex Bastreri, from the Fullerton Police Department, who was present to address questions from the audience:

Tavita Holilly, 1409 West Amerige Avenue, asked the following:

Would this type of facility be safe in a residential neighborhood?

Sgt. Bastreri stated that in the past year, the Police Department averages two calls for service per month, at the current location. Most of those are "standby" calls where a staff member detains a "5150" person (involuntary hospitalization) before being transported by ambulance. There have been no calls reported regarding safety issues, other than staff members who may have been threatened by a patient.

Would you want a facility such as this in your neighborhood where children are visible and patients would be walking to and from a bus stop?

No. Sgt. Bastreri noted, however, that there have been no increases of crime (burglaries or assaults) in the surrounding neighborhood at the current location.

Commissioner LeQuire asked if the project were approved, would the Police Department increase patrol in the area as a deterrent?

Sgt. Bastreri answered yes, as a matter of practice, the Police would increase patrol during the initial period and would instruct the officers to drive by the area more often when driving towards the west side of town.

Kathy Mary, 201 North Orchard, noted the presence of a gun shop and two liquor stores within proximity of the subject property and asked if the officer felt that would be an issue, particularly with mentally disturbed persons or those with a substance abuse problem.

Sgt. Bastreri reported that there was similar access to liquor stores in the facility's current location without any incidents. There would be no contingency plan because of the close proximity to the gun store.

Thurman Hodges, Real Estate Manager for the County of Orange Health Care Agency, stated that there are two components of this facility, Adult Mental Health and Substance Abuse, and he would have two persons speak on each.

Annette Mugrditchian gave a brief presentation on the Adult Mental Health Services division. Providers of this program include licensed clinical social workers, psychiatrists, and mental health family therapists. Voluntary services are provided either in the office or in the patient's home; patients do not stay at the facility. Patients visit on an appointment-only basis; they do not just "drop in." She emphasized that these people live in the community and the goal of this facility is to assist in helping patients become active members of the community, with medication and therapy. They have been at the current location since 1979 and have letters of support from surrounding neighbors.

Chairman Simons noted that there had been cases of physical confrontations and asked for further clarification. Ms. Mugrditchian explained that patients sometimes get agitated when detained involuntarily, and the police are called for the safety of the therapist and patient. She added that no staff member had ever been physically assaulted at the current location. Chairman Simons asked if medication was dispensed at this location, and Ms. Mugrditchian answered negatively.

Sandra Fair, Division Manager for Alcoholic and Drug Abuse Services, explained that their service is certified and monitored by the State of California. Clients who come in for services pay whatever they are able, and are both adolescents and adults. Outpatient services are on an appointment-only basis, and services are not offered on the weekends. Some of the services that are offered include: crisis intervention, assessment services, individual and group therapy, family counseling, and referral to local community resources. Some medication support is provided, but it is not administered on site. Their staff includes licensed clinicians, a part-time psychologist, and a part-time physician. They work closely with all schools in the area, as well as law enforcement agencies.

Chairman Simons asked how long each counseling session was, and Ms. Fair replied that 50 minutes is the normal length of time. Chairman Simons also asked how many offices are at the current location, and Ms. Fair answered that there were 15 in the current location and 40 proposed at the new facility.

Thurman Hodges clarified that they wish to relocate from their current location because it is not ADA accessible, and there are no elevators. Further, it is only approximately 9,800 square feet in size, and could not be expanded to adequately meet their needs.

Commissioner LeQuire questioned whether the applicant had attempted to relocate to another city. Mr. Hodges replied that the majority of their clients live in Fullerton, and the Agency wished to remain where the population demand is.

Chairman Simons inquired if the existing use is near a residential area, and Mr. Hodges answered affirmatively.

Commissioner Price asked what the parking requirements would be for the new facility, because in viewing the proposed site he felt that the existing parking would be inadequate. Mr. Hodges reminded the Commission that only 50% of their staff is on site at any one time. The other half are in the field conducting visits to home and school sites. Services are provided on an appointment basis and many clients come by bus, thus eliminating the need for a large amount of parking.

The following persons spoke in opposition to the project:

Rhonda Elliott, 225 North Orchard
Mike Downing, 1525 West Commonwealth Avenue
Ginger Cadman, 408 N. Michael Avenue
Michelle Davenport, 1532 West Amerige Avenue
William Knight, 208 North Orchard
Walt Jackson, 328 North Orchard
Jean Kenagy
Pat O'Donnell, 325 North Orchard
Victor Padilla, 221 North Orchard
Christopher Jean, 209 North Orchard
Kyle Stava, 217 N. Horton Avenue
Tommy Amoot, 1504 West Amerige Avenue
Wade Declear, 1512 West Amerige Avenue
Kim Ahlalaey, 1409 West Amerige Avenue
Cindy Sever, 421 Wanda Drive
Elizabeth Amoot, 1504 West Amerige Avenue

The points of opposition were as follows:

• Traffic would greatly increase
• It is dangerous to place this type of facility adjacent to a residential area where there are children present
• Residents are fearful of the types of clients who would frequent this facility and possibly roam throughout their neighborhood
• Property values in the area would decrease
• A 30-year law enforcement officer stated that 95% of the people he had arrested are substance abusers, and many also have theft convictions. There should be a buffer zone between a facility of this type and a residential area.

Thurman Hodges asked the Commission for a continuance of this matter in order to allow the County to present expert witnesses.

Public hearing closed.

Commissioner LeQuire did not support the project. He thought the facility would not be a compatible use adjacent to a residential neighborhood. He felt that the City could not guarantee the residents reasonable safety if this facility were allowed to go in at this location.

Commissioner Wilson felt that there were many suitable commercial properties in the City of Fullerton that could accommodate a facility such as this without it being adjacent to a residential area. He also did not support the project.

Commissioner Price stated that he hoped a program such as this could find a suitable location within the city, because the services are desperately needed. However, the project is too close to a residential area, and he could not support it at this time. Commissioners Crane and Sandoval concurred.

Chairman Simons expressed his concern for the children and elderly persons in the area, and also could not support the project.

There was a consensus of the Commission to DENY the project. Chief Planner Rosen reported that the finding for denial of the project would be that the applicant failed to show "that the requested use would not be materially detrimental to the property of other persons located in the vicinity thereof or a menace to the public health, safety or welfare with reasonable restrictions or conditions..." The title of Resolution No. 6946 DENYING site and architectural plans to add approximately 3,200 square feet to an existing 11,800 square-foot commercial building; to allow the Floor/Area Ratio (FAR) to exceed .350 with this addition; and to allow a counseling center for clients needing mental health and substance abuse services provided by the County of Orange on property located at 1501 West Commonwealth Avenue, was read and further reading was waived. MOTION by Commissioner LeQuire, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

OTHER MATTERS

ITEM A
COMMISSION REVIEW OF FULLERTON CITY LIGHTS

A second-year review of Fullerton City Lights on property located at 224 East Commonwealth Avenue. MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members that said item be CONTINUED to a date uncertain.

ITEM B
PRESENTATION BY FULLERTON HIGH SCHOOL DISTRICT

MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members present, that said item be CONTNUED to a date uncertain.

ITEM C
RESOLUTIONS OF INTENTION

The title of Resolution No. 6948 DECLARING Planning Commission intention to consider changing the land use designation of the Land Use Map of the General Plan from "Industrial" to "Low Density Residential", "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 the following properties: the lots on the north side of the 300, 400, and 500 blocks of East Truslow Avenue, was read and further reading was waived.

The title of Resolution No. 6947 DECLARING Planning Commission intention to consider changing the land use designation of the Land Use Map of the General Plan from "Low Density Residential" 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 the following properties: the lots on the south side of the 300, 400, and 500 blocks of East Truslow Avenue, the lots on the 400, 500, and 600 blocks of Patterson Way, the lots on the north and south sides of the 300 and 400 blocks of East Valencia Drive, the lots on the north side of the 500 and 600 blocks of East Valencia Drive, the lots on the north side of the 300 block of East Ash Avenue, the lots on the 500 block of North Lemon Street, and several lots at the west end of the 300 blocks of Elm and Rosslynn Avenues, was read and further reading was waived.

MOTION by Commissioner Sandoval, seconded and CARRIED unanimously by voting members present, that said Resolutions be ADOPTED AS WRITTEN.

REVIEW OF COUNCIL ACTIONS

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

PUBLIC COMMENTS

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

AGENDA FORECAST

The next regularly-scheduled meeting will be December 12, 2001, at 7:00 p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 7:47 p.m.