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Planning Commission Meeting Minutes

Main Library - Meeting Room B

May 8, 2002

Persons addressing the Planning Commission shall be limited to 10 minutes unless an extension of time is granted by the Chairman, subject to approval of the Planning Commission. When any group of persons wishes to address the Commission, it shall be proper for the Chairman to request that a spokesman be chosen to represent the group.

Public comment will be allowed on agenda items at the time the item is considered.

Public comment will be allowed on matters not appearing on the agenda but within the Planning Commission's jurisdiction, at the end of the agenda. No action may be taken on off-agenda items except as provided by law.

The Planning Commission's approval or denial of any action on this agenda shall become final and effective ten days after its decision unless an appeal is made in writing within this ten-day period to the City Council by either an applicant or an opponent. The filing of an appeal within such time limit shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal. Anyone interested in making an appeal should contact the Development Services Department for assistance.

4:00 P.M. SESSION

Call To Order:

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

ROLL CALL

Chairman Crane; Commissioners LeQuire, Savage, Price, Stopper, Wilson, and Griffin

STAFF PRESENT: Senior Planner Mullis, Chief Planner Rosen, Program Planner Linnell, and Recording Secretary Garfinkel

ALSO PRESENT: Robert Hodson, Director of Engineering, and Glenn Steinbrink, Acting Director of Administrative Services

MINUTES:

Commissioner Price corrected the minutes of the April 24, 2002, meeting by indicating the motion made on page 33, second-to-last paragraph, was made by Commissioner LeQuire instead of Commissioner Price. Commissioner Stopper requested that the words "a request should be identified as a development project so that it would trigger the RDRC to review and approve any design before the construction permits were issued", be inserted on page 33, second paragraph from bottom. Commissioner Griffin requested that "based on the findings for denial" be added to the last paragraph on page 33. Chairman Crane requested that the words "was not compensated and does not anticipate to be compensated for any work done on the project," be added to page 28, first paragraph, item number one, third line. Chairman Crane also wanted to add "or that the proposed new residence be between at least fifty feet from the east and south property line", to page 29, top paragraph, the last sentence. Clarification was also asked by Chairman Crane on page 30, fifth paragraph, in regard to Engineer Wallin's statement that the first 350 feet on West Las Palmas Drive is not a rural road. Chief Planner Rosen stated that the General Plan exempted that section of the road as a "designated rural road". An addition of "would be set back fifty feet from the east and south side of the property, and Mr. Delano responded affirmatively", was added to Page 31, third paragraph, fourth line.

MOTION by Commissioner Price, seconded and CARRIED by a 6-0 vote, with one abstention from Commission Wilson, that the Minutes of the April 24, 2002 meeting be APPROVED AS AMENDED.

PUBLIC HEARINGS RECOMMENDED ACTIONS

1. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM. To consider the five-year Capital Improvement Program (fiscal year 2002-2007) and its consistency with the General Plan.

Staff memorandum dated May 8, 2002, was presented pertaining to a review of the Five-Year Capital Improvement Program (CIP) for consistency with the General Plan.

Bob Hodson, Director of Engineering, gave a brief staff report on the Five-Year Capital Improvement Program for 2002-2003 to 2007-2008.

Commissioner Stopper asked if project number 5712 on page B2, regarding the Police Facility Expansion, was a new item or an additional item. Mr. Hodson indicated that upon the expansion of the police facility, it was determined that the existing furniture was not enough to accommodate the needs of the new structure, so funding had been added.

In regard to the Arterial Street Reconstruction listed on page B3, Commissioner Stopper asked if the reduction indicated there is more carryover to pick up the $120,000. Mr. Hodson indicated that since one project will not be completed this year, some of the funds have been deferred.

On page B4, Commissioner Stopper asked why underground utilities were dropped on the Santa Fe project. Mr. Hodson responded that changing the plans to turn the street into a one-way thoroughfare eliminated the need for underground utilities, and widening the street was no longer necessary. Everything for this project was accomplished with the original one million dollars budgeted for the first year of the project.

Commissioner Stopper asked if the Federal Grant related to Project #4564 - Routes to School Improvements as reflected on page B1. Mr. Hodson answered negatively; the grant is reflected under 174 Capital Projects Fund.

Commissioner Stopper wished clarification of the NPDES Permit Program listed on page B5. Mr. Hodson indicated he does not know because there is a need to determine what is necessary to comply with all the requirements. Currently, there is an estimate of the needs for one or two staff members, as well as a consultant to manage the project. The project would require setting up public information and training, and inspections that will necessitate multi-page reports to be submitted to the Regional Water Quality Control Board to show compliance.

Commissioner Stopper inquired if the first project on page B6 had been delayed for a year. Mr. Hodson answered affirmatively, based on the need for a consultant to determine specific needs before proceeding. Commissioner Stopper asked if item number two on the same page was a priority shift. Mr. Hodson responded that the Hillcrest Reservoir is programmed for next year, or the year after, if the City Council approves bond funds. The concept design is included in the bond fund money, but it made more sense to use water funds to accomplish 60% of the design in order to have a more accurate dollar amount to present to the Council for the bonds.

On page B7, Commissioner Stopper asked if the video inspection would be ongoing, and if so, would it be handled in-house or contracted out. Mr. Hodson responded that the project would be contracted out, or done by the Orange County Sanitation District. He also added that it would need to be done annually.

Commissioner Stopper asked what the total cost for the Laguna Lake restoration might be on page B8. Mr. Hodson indicated that the original grant of $2,000,000 will cover the final restoration costs, but does not include any perimeter improvements. Chairman Crane asked if this includes monies for landscaping or restrooms. Mr. Hodson indicated that it only covers a small portion of those costs. Mr. Hodson clarified for Commissioner Stopper that this was handled in two phases.

Commissioner Stopper asked if the City was going to start charging for parking if a ticketing system is installed in the Plummer Parking Structure, listed as item #5 on page B9. Mr. Hodson responded that the City was looking at that option, which is in the discussion stages.

On page B10, Commissioner Stopper asked if the underground facilities listed as part of the alley improvements were the same as the Santa Fe issue. Mr. Hodson responded that this is different. In trying to make part of the alleyway a pedestrian way, the magnitude of under-grounding these poles is not as costly.

Commissioner Stopper asked to clarify the meaning of "TEA-21" on page B12. Mr. Hodson indicated this is the current nomenclature for "Transportation Efficiency Act of the 21st Century".

Commissioner Wilson asked Mr. Hodson if Park Redevelopment funds are eligible for the Laguna Lake Project on page B8. Mr. Hodson responded affirmatively, since technically this is new construction. Commissioner Wilson commented that the urgency by Community Services to take care of the area near Hunt Branch Library does not seem as much of a priority as Laguna Lake. Mr. Hodson indicated that the roller-hockey rink is not getting the activity expected, and is falling into disrepair. Community Services wants to clean up the area and remove the rink. Chief Planner Rosen added that the roller-hockey rink has become an "attractive nuisance" and has been a problem for Police, Maintenance and Community Services staff. Chairman Crane asked if it could be converted back to tennis courts. Chief Planner Rosen indicated there are other plans being considered. Chairman Crane agreed with Commissioner Wilson that the monies spent to improve this area, based on the facts, would not be a priority.

Commissioner Savage asked what public notice was necessary for the Planning Commission to take this kind of action. Chief Planner Rosen responded that findings of consistency with the General Plan does not require public notice, other than to post the item on the agenda.

Commissioner Savage asked what was accomplished with the videoing of sewer systems. Mr. Hodson indicated they are looking for any breaks in the line with the potential for leakage, or anything that could lend to a sewer spill, thereby causing groundwater contamination, or that could get into the storm drain systems.

Commissioner Savage asked what Asset Seizure Interest Earnings Proceeds were on page B16, and if it was the same thing as the $200,000 carryover on page B2. Mr. Hodson deferred to Glenn Steinbrink, Acting Director of Administrative Services, who indicated that these are separate funding sources. Mr. Steinbrink explained that the Asset Seizure Interest Earnings Proceeds are funds derived from drug busts made by the Police Department, and therefore must be used for police purposes. Interest earnings are on the bond proceeds for this facility. Funds are invested and earn interest, which is then allocated to projects.

Commissioner Price asked what was going to be done in the construction on Harbor Boulevard, from Orangethorpe Avenue to Valencia Avenue shown on page B12. Mr. Hodson indicated the entire pavement would be reconstructed with curbs, gutters and sidewalks as needed, with no median.

Public hearing open.

There were no public comments.

Public hearing closed.

  • MOTION by Commissioner Stopper, seconded and CARRIED unanimously that the Five-Year Capital Improvement Program is found to be consistent with the General Plan.

2. CONDITIONAL USE PERMIT CUP-497A and DEVELOPMENT PROJECT DP-83-2A (MINOR). A request to convert eight on-site visitor parking spaces into eight "guest/resident" parking spaces on property located at 301-351 North Ford Avenue (southwest corner of Ford Avenue and West Malvern Avenue) (R-5 zone) (Categorically exempt under Class 32 of CEQA Guidelines).

Staff report dated May 8, 2002, was presented pertaining to a request to convert eight on-site visitor parking spaces into eight "guest/resident" parking spaces on property located at 301-351 North Ford Avenue (southwest corner of Ford Avenue and West Malvern Avenue) (R-5 zone) (Categorically exempt under Class 32 of CEQA Guidelines).

Program Planner Linnell gave a staff report regarding Fullerton Fountains senior condominium. The Homeowners' Association is asking the City to allow them to change the approved site plan, which consists of converting eight parking spaces at the corner of Ford Avenue and Chapman Avenue currently intended for visitor parking only, into parking for residents and visitors. Forty-three parking spaces are available at Ford Park for visitors and residents, however, those spaces are not conveniently located. Staff recommends this request be denied because guest spaces should be available throughout the project.

Since the staff report was completed, the following items were presented:

  1. A petition was received from a number of residents at Fullerton Fountains, stating their opposition to the conversion.
  2. There is also some confusion about use of the forty-three spaces at Ford Park. A letter dated from the 1980's was given to the Commission, showing a City agreement with Fullerton Fountains giving the complex the use of forty-three parking spaces. Within the last several years, however, confusion came from the fact that the City posted a restriction of overnight parking on all park sites. This has resulted in residents thinking they could not park there overnight. The City must honor the original agreement and revise this restriction to allow the residents to use this parking area and allow overnight parking. This will require that the language be changed on the existing signage posted at the park.

Chairman Crane asked if the applicant knew the City intended to change the sign and allow parking. Program Planner Linnell indicated the representative for the Homeowners' Association knew about it, but was not sure if the Fullerton Fountains residents were aware of this. Chairman Crane asked if the applicant wanted to withdraw their application based on this information. Program Planner Linnell indicated they have the right to withdraw the application, however, they would not be eligible to receive a refund.

Commissioner Price asked if residents at Fullerton Fountains used parking stickers for identification. Program Planner Linnell responded that there was not a parking sticker system at this time, but that it would be good to put one in place. Cars are registered with management for parking within the complex.

Commissioner Stopper asked if the police are tracking what occurs at Ford Park, and what the situation at Fullerton Fountains is for policing. Program Planner Linnell deferred to management for an answer to these questions.

Commissioner LeQuire, based on the new information and the 1986 letter, asked if the Zoning Ordinance had been changed since this project was developed in 1986. Program Planner Linnell indicated that at that time, the City had no specific parking requirements for senior condominiums, so there was a negotiated agreement of 124 spaces on site, eight of which are to be visitor spaces, and an additional 43 spaces at Ford Park. Since that time, staff has adopted specific parking requirements for this type of use.

Commissioner Savage asked if the only entrance to the west side of the complex near Ford Park was a locked gate and if so, how would a visitor utilize this area. Program Planner Linnell confirmed that it is a locked gate, and visitors cannot go through it without a resident opening the gate. Commissioner Savage proposed that perhaps the fence in Ford Park could be moved to incorporate the designated forty-three parking spaces for Fullerton Fountains within the Fullerton Fountains complex. Program Planner Linnell indicated the City needs the parking area to accommodate organized events and activities at the park. Commissioner Savage stated concern over the difficulty for visitors parking in Ford Park with a locked gate.

Commissioner Wilson asked if the only entrance for visitors was through the Chapman Avenue side. Program Planner Linnell indicated there is an entrance on Ford Avenue with an exit to Wilshire Avenue. He also indicated there was a north and south building, each with its own pedestrian entry. Overheads of the site were shown for clarification.

Chairman Crane asked that the petition and letter dated October 28, 1986 from Program Planner Linnell be entered into the public record.

Public hearing open.

The applicant, Geri Ann Bagadori, representing the Board of Directors from Action Property Management, asked that adjustments to the staff report be made including the new found items. Chairman Crane granted a five-minute recess in order for Ms. Bagadori to meet with the Homeowners' Association Board.

Meeting recessed for five minutes at 5:00 p.m.

Meeting resumed at 5:07 p.m.

Ms. Bagadori indicated that the Board would like to continue this matter for the opportunity to annex parking in Ford Park for the use of the Association. Chief Planner Rosen noted that City rules for park property disposition are very difficult, and the action to deed City property to an organization was very difficult, if not impossible. There would be a public disposition process that requires a series of actions to be taken. Ms. Bagadori indicated the Board was requesting a continuance to pursue both options in regard to annexing parking space at Ford Park, with a second option to ensure changed signage and a parking permit program.

Commissioner Griffin asked if the signage at Fullerton Fountains was put back to its original designation. Program Planner Linnell responded that existing signage, as shown in the slide, needed to be changed from "Resident" to "Visitor/Resident". Chief Planner Rosen indicated legal action has not happened, however, the Association may change the signage voluntarily.

  • MOTION was made by Commissioner LeQuire, seconded and CARRIED unanimously that CUP-497A and DP-83-2B be continued to a date uncertain and that the Homeowners' Association will voluntarily change the parking signs to be in compliance with the current Conditional Use Permit.

3. ADULT USE PERMIT AUP-02-01. APPLICANT: INTIMATE CONCEPTS; PROPERTY OWNER: ORANGETHORPE COMMERCE CENTER LLC. A request to allow the retail sales of adult-oriented merchandise in conjunction with a retail shop pursuant to Chapter 7.95 of the Fullerton Municipal Code, on property located at 2449 East Orangethorpe Avenue (north side of Orangethorpe Avenue, between 526 feet and 746 feet east of State College Boulevard) (C-M zone) (Categorically exempt under Section 15301 of CEQA Guidelines).

Staff report dated May 8, 2002, was presented pertaining to a request to allow the retail sales of adult-oriented merchandise in conjunction with a retail shop pursuant to Chapter 7.95 of the Fullerton Municipal Code, on property located at 2449 East Orangethorpe Avenue (north side of Orangethorpe Avenue, between 526 feet and 746 feet east of State College Boulevard) (C-M zone) (Categorically exempt under Section 15301 of CEQA Guidelines).

Senior Planner Mullis gave a staff report regarding property located at 2449 East Orangethorpe Avenue, which is currently being remodeled. It is a commercial center that had been in disrepair and now has a new owner. The applicant is requesting to relocate from their current location on State College Boulevard, south of Chapman, to a larger facility. The Fullerton Municipal Code discusses Adult Use Permits and provisions under which they can be reviewed. The applicant falls within the Adult Use requirement, because approximately 25% of their floor area contains adult materials. The center is predominantly vacant, with a massage facility and a proposed Subway restaurant on either side of them. Overhead photos were shown. The majority of retail materials are not adult oriented, even though the location is approved for such materials.

The applicant reviewed the ordinance regarding the hours of operation, and age of the patrons, and understands and meets the criteria. Intimate Concepts is currently in operation. They moved May 1st from their previous facility and are in compliance. Three calls have been received on this item. One call expressed concern and said some tenants were concerned and would be sending a letter, which had not been received to date; another did not believe it was a problem. The City of Anaheim called to determine what the application was for, and have not expressed any concerns. Staff is recommending approval subject to conditions.

Chairman Crane asked if there have been any police actions on the current site. Senior Planner Mullis talked with the Police Department about the current facility, and its owners, and there are no problems.

Commissioner Wilson inquired as to whether anyone checked to see if there are any violations or issues with the massage parlor next door to the new location. The Police Department indicated the massage parlor was in compliance at this time. The nature of those types of businesses requires ongoing investigations.

Commissioner Stopper asked how many active Adult Use Permits were in place in the City of Fullerton at this time. Senior Planner Mullis indicated the City had none approved.

Commissioner Price asked if the old site was grandfathered in, and Senior Planner Mullis answered affirmatively.

Commissioner Stopper confirmed with Senior Planner Mullis that, based on new regulations in 1996, there had not been an application of this type in the last six years. Senior Planner Mullis added that location requirements are tight; therefore, this use is limited where it can locate.

Commissioner Wilson asked how Scorpio Nights obtained approval for its store. Chief Planner Rosen replied that they are not in excess of 25% of adult-oriented material, and staff had received a floor plan and materials inventory and found them to be in compliance.

Public hearing opened.

The applicants, Leslie Ann Stoddard and Bob Suiter, owners and operators of the Erogenous Zone, thanked Senior Planner Mullis for helping them through the application process. Ms. Stoddard indicated they have been in business for twenty-five years, and have had many couples thank them for their store's help with their marriages and romance.

Chairman Crane asked the applicant why they moved. Mr. Suiter replied that the current property was being redeveloped and the lease was up. He also indicated the need for more space.

Commissioner Price asked how much more space the new location provides. The applicant responded that the new space is 4,060 square feet versus 1,800 square feet on Chapman Avenue.

Dr. Michael Riskin, a psychologist who lives in Fullerton, and has a clinic with his wife in Santa Ana, identified himself as a friend of the owners for many years. He added that he refers couples to their store for educational purposes.

Commissioner Savage clarified that the owner of the complex was one entity.

Public hearing closed.

Commissioner Wilson asked the applicants if they had read and were in agreement with the conditions of the permit. The applicants responded affirmatively.

Commissioner Price supported the application, based on the success and lawful operation of the business for twenty-five years.

Commissioner Savage read the ordinance and had no problem as long as the business is regulated, but would prefer the business be located outside the City of Fullerton. However, he stated he would vote in favor of the permit.

Commissioner Stopper commended staff for positive thinking, for the foresight to anticipate these kinds of businesses, and provisioning for them, and commended the entrepreneurial spirit of the owners. Commissioner Stopper supported the request.

  • The Title of Resolution No. 6965 GRANTING an Adult Use Permit to allow the retail sales of adult-oriented merchandise in conjunction with a retail shop pursuant to Chapter 7.95 of the Fullerton Municipal Code for property located at 2449 East Orangethorpe Avenue was read and further reading was waived. MOTION by Commissioner Price, seconded and CARRIED unanimously, that said Resolution be ADOPTED AS WRITTEN.

4. AMENDMENT #3 TO DEVELOPMENT AGREEMENT DA-00-01. APPLICANT AND PROPERTY OWNER: LSF FULLERTON, LLC. A request to consider amending Development Agreement DA-00-01 by amending the funding options for the community and neighborhood park improvements and extending the completion date for the Community Facility building for the Amerige Heights property (north of Malvern Avenue, east of Gilbert Street, south of Pioneer Avenue, west of Parks Road and Bastanchury Road) (Specific Plan District) (minor amendments to plans covered by previously certified EIR).

Staff report dated May 8, 2002, was presented pertaining to a request to consider amending Development Agreement DA-00-01 by amending the funding options for the community and neighborhood park improvements and extending the completion date for the Community Facility building for the Amerige Heights property (north of Malvern Avenue, east of Gilbert Street, south of Pioneer Avenue, west of Parks Road and Bastanchury Road) (Specific Plan District) (minor amendments to plans covered by previously certified EIR).

Chief Planner Rosen gave a staff report on the proposed Amendment #3 to Development Agreement DA-00-01, and noted that due to the complexity of this project, funding issues have been dealt with as they have evolved, rather than all at once. This amendment corrects language in the Development Agreement that deals with funding, and allows flexibility to use bond proceeds or other sources for payment of the facilities at the discretion of the City and the applicant. There had been a small delay in the development of the Community Facilities building. The City is allowing an additional six-month extension, to allow a design concept to be developed. Staff is supportive of the amendment.

Commissioner Griffin asked for an indication on the overhead as to where the Community Facilities building would be located, and its proposed use. Chief Planner Rosen pointed out the facility's location with size parameters of approximately 6,000 square feet. It was proposed that there will be a small staff at the facility, for community programming of various classes and meetings, and will also be available to others on a fee basis. It was also mentioned that the Homeowners' Association at Amerige Heights would use the facility for its meetings.

Commissioner Stopper asked if this building was near a school with shared parking. Chief Planner Rosen indicated there were conceptual plans that placed the facility in that location, however, that was not the case currently. Commissioner Stopper asked what parking requirements this building will have. Chief Planner Rosen indicated that parking standards have not been set yet. There is a budget constraint for the building, however, the applicant will fit as many uses as possible within the budget.

Public hearing open.

Applicant did not choose to speak.

Public hearing closed.

  • The title of Resolution No. 6966 RECOMMENDING to the City Council approval of Amendment #3 to Development Agreement DA-00-01 amending the funding options for the community and neighborhood park improvements and extending the completion date for the community facility building in the Amerige Heights Specific Plan, was read and further reading was waived. MOTION by Commissioner Wilson, seconded and CARRIED unanimously that said Resolution be ADOPTED AS WRITTEN.
OTHER MATTERS

A.COMMISSION REVIEW OF FULLERTON CITY LIGHTS
A sixty-day review of Fullerton City Lights on property located at 224 East Commonwealth Avenue.

  1. AMENDMENT A-1477 AND GPR-02-2A. APPLICANT: CITY OF FULLERTON. a request to change the land use designation of the Land Use Map of the General Plan from "Downtown Mixed Use" to "Government Facilities" and to consider changing the zone classification from C-3 to P-L for the properties from 214 to 224 West Amerige Avenue and from 219 to 227 West Commonwealth Avenue (south side of Amerige Avenue between 175 feet and 250 feet west of Malden Avenue and the north side of Commonwealth Avenue between 200 feet and 375 feet west of Malden Avenue).
  2. AMENDMENT A-1478 AND GPR-02-2B. APPLICANT: CITY OF FULLERTON. a request to change the land use designation of the Land Use Map of the General Plan from "Medium Density Residential" to "Commercial" and to consider applying the C-2 zone classification for the property at 223 West Amerige Avenue (north side of Amerige Avenue between approximately 250 feet and 300 feet west of Malden Avenue).

Chairman Crane abstained from these Resolutions of Intention, Item A, due to the fact that he had been hired by the Redevelopment Agency to do design work on the new building being proposed. Vice Chairman Price took over the meeting.

Chief Planner Rosen indicated that this was a standard procedure that initiates zone changes and only requires a motion for approval by the Commission.

The title of Resolution No. 6967 to consider changing the land use designation of the land use map of the General Plan for "Medium Density Residential" to "Commercial" and to consider applying C-2 zoning classification for the property at 233 West Amerige Avenue, declaring its intention to consider changing the land use designation of land use map of the General Plan from "Downtown Mixed Use" to "Government Facilities" and Resolution No. 6968 to consider changing the zone classification from C-3 to P-L for the properties from 214 to 224 West Amerige Avenue and from 219 to 227 West Commonwealth Avenue was read and further reading was waived. MOTION by Commissioner LeQuire, seconded and CARRIED unanimously that said Resolutions be ADOPTED AS WRITTEN.

Chairman Crane returned to the meeting.

B.REVIEW OF COUNCIL ACTIONS

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

C.PUBLIC COMMENTS

There were no public comments.

D. AGENDA FORECAST

The next regularly scheduled meeting will be May 22, 2002, at 7:00 p.m. Commissioner LeQuire noted that he might be out of town on that date.

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