Staff report dated February 5, 1998, was presented pertaining to a modification/revocation hearing for a roller rink, arcade, snack bar and proshop in an existing commercial building on property located at 464 West Commonwealth Avenue (southeast corner of Commonwealth and Richman Avenues) (C-H zone) (Continued from January 28, 1998).
Senior Planner Commerdinger reported that the review of this item included plans for an expansion of the proposed use. As heard at the previous meeting, the commercial tenants to the east had concerns regarding the activities of the site. Staff has since counseled the operator on the need to inform his clients that the adjacent property to the east should not be used for parking, and has included a condition of approval to ensure that this will be done. The operator is proposing a modification to the CUP to include a proposed outdoor skating rink, to be located at the northern end of the site, adjacent to Commonwealth Avenue. The area would be enclosed with a six-foot wrought iron and pilaster fence, and the only access would be a gate on the west side of the park.
One of staff's major concerns was on-site parking. Staff assumes that the users of the skate park, and those who use the skating rink, would be separate groups, and will require applicant to provide a scheduling plan. There are also new conditions regarding the landscaping of the site. At this time, staff is not recommending revocation of the Conditional Use Permit; however, is requiring a mandatory six-month review of the operation. When the application was originally approved, there were a number of conditions attached to it, and staff is including an additional fourteen conditions to this request. Senior Planner Commerdinger briefly reviewed the new conditions of approval.
Commissioner Ballard asked if there was an easement for the use of the driveway to the south of the property. Senior Planner Commerdinger replied that, while staff is unaware of an easement, the issue of prescriptive rights between the two property owners should be considered.
Commissioner Simons inquired as to which conditions of the original CUP had not been complied with. Senior Planner Commerdinger answered that those specific conditions included the trash enclosure issue, landscape maintenance, and scheduling of activities.
In response to a question from Commissioner Munson regarding a history of non-compliance, Senior Planner Commerdinger stated that since the approval of the original CUP, the applicant's compliance had been sporadic and untimely.
Commissioner Godfrey asked if the diagonal parking spaces to the east of the site could be utilized by both properties, and Senior Planner Commerdinger replied that they could be accessed from the adjacent property and used by the clients of the property to the east.
Commissioner Ballard asked why staff objected to the chain link fence to the south. Senior Planner Commerdinger answered that in addition to the issue of access to parking spaces, there were line of site issues to the businesses to the east.
Public hearing opened.
Stuart Silver, applicant, indicated that he had read and was in concurrence with the recommended conditions of approval. He clarified that there was an existing trash enclosure on the property when his business opened, and has been used by his business since that time. He indicated that he would be willing to build an additional enclosure, and would also put forth a more aggressive effort to enhance the landscaping and maintenance of the property. Regarding the issue of the chain link fence, he indicated that he did not feel it would be a problem because it is under six feet in height and a permit was not necessary. However, because of complaints received from surrounding neighbors, he would be willing to remove it. It was Mr. Silver's intent that no future parking problems would exist with the new plan, and he displayed a vicinity sketch showing the layout of the new skate park.
Commissioner Munson wished the applicant to explain why compliance with the original conditions of approval had been sporadic in the past. Mr. Silver stated that he felt all conditions had been met, and the trash enclosure only became an issue approximately three months ago. Commissioner Munson also inquired if the applicant had met with Mrs. Plummer, owner of the French Village, and Mr. Silver replied affirmatively.
Commissioner Ballard asked for an explanation regarding a claim made by Mrs. Plummer to staff. It appears that the prior weekend, an event had occurred at the roller rink and all available parking, both in the lot and in the street, was utilized. Mr. Silver explained that the event involved four schools, who all showed up simultaneously, and remained for approximately two hours. He added that all but seven vehicles were parked in his lot, and he endeavored to find the owners of those seven cars, to ask that they be moved. Mr. Silver noted that many times cars from events held at St. Mary's Church or the Senior Center, will also park in his parking lot.
Commissioner LeQuire questioned whether any signs are posted by Stuart's Rollerworld, which specifically state that parking is prohibited in the French Village lot. Mr. Silver answered that they did attempt to post such signs when the business first opened, but they had been torn down. With the new plan for the skate park, signs will be replaced, and a representative will be on duty to monitor the vehicles in the parking lot. In conclusion, Mr. Silver stated that the skate park will be a state-of-the-art facility, and skaters will be required to wear protective gear at all times. Also, all skate ramps will be below ground, and there will be no high ramps which would be visually unappealing to surrounding businesses.
Florence Plummer, along with her son Randy, first distributed informational items to the Commission, including: copies of the original Conditional Use Permit, a site plan showing the layout of the parking area, photos of various problems on site, and a memorandum from the Director of Development Services. She noted the following:
- The original CUP specifically required that a trash enclosure be built on the west side of the property. This was never completed.
- When the Acura car dealership was the lessee on the Rollerworld property, they leased the right to use the French Village alleyway. Mrs. Plummer indicated that she could provide copies of that lease, which required the Acura dealer to obtain liability insurance for the use.
- The signs which applicant states had been provided, were pieces of 8-1/2 x 11 paper taped to the light poles.
- The original number of parking spaces (90) was reduced to 63 with the development of Stuart's Rollerworld. This included spaces that required ingress through Mrs. Plummer's property.
- Approximately two weeks prior, an event was held at Stuart's Rollerworld, which utilized every on-site parking space, and all street parking along Richman Avenue. Because of this, a potential tenant of the French Village decided not to move her business to this location.
Chairman Sandoval asked if a copy of the new modified conditions of approval had been given to Mrs. Plummer. Mrs. Plummer indicated that she had not received them, and was given a copy by staff.
The following persons spoke in opposition of the proposed skate park:
Randy Plummer, 2022 Vista del Rosa (distributed a letter to the Commission from a tenant who is against the project).
Lori Mortozi, 128 West Elm Avenue
Debra Slack, 1911 Overlook Road
Lloyd Miser, 426 West Commonwealth Avenue
Jamie Bixler, 520 West Commonwealth Avenue
The following are points of opposition to the project:
- Children from Stuart's Rollerworld constantly skate in the alley between the two properties, and in the street, which constitutes a safety hazard.
- Parking in French Village is being taken up by Rollerworld parking.
- There would be no parking supervision for French Village; there would only be a supervisor inside the proposed skate park itself.
- A petition was circulated by residents in the City of Orange, where another Rollerworld is located, because of noise. The noise created by the new skate park would be overwhelming to tenants of French Village and other adjacent businesses.
- The new project will eliminate even more necessary parking spaces.
- The Fullerton Police log shows 26 calls to this location over the past year.
The following persons spoke in support of the proposed skate park:
David McGeith, 550 West Williamson, Apt. 7
Ryan McGinn, 625 Lemon Hill Terrace
Chris Seablom, 117-C North Stanford
Pat Dildine, 1024 Virginia Road
Reed Miller, 2131 Yucca Place
Mike Freeman, pro-shop manager at Stuart's Rollerworld
Myra Stoltzman, 661 Verona Drive, La Habra
Brandon Martin, 643 North Woods Avenue
Drew Cornick, 600 West Amerige Avenue
Thomas Moran, 1512 Melody Lane
Wayne Hagood, 2652 Belinda Court
Mark Baker, 1301 North Kraemer, Placentia
Michael Stoltzman, 661 Verona Drive, La Habra
David Fisher, 544 West Fern Drive
Jake Dildine, 1024 Virginia Road
Matt Sourapas, 1311 Skyline Drive
T.J. Vick, 1923 Ladera Vista Place
Rod Sourapas, 1311 Skyline Drive
Ray Torres, 455 East Patterson Way
Kelly Kraushaar, 713 North Mountain View Place
Kyle Castro, 140 E. Union Avenue
Jill Myers, 2928 East Ruby Drive
Blake Martin, 2672 Milton Avenue
Sam Myers, 2928 East Ruby Drive
Matt Gonzales, 337 East Rosslynn Avenue
Ricky Kaiser, 855 N. Grandview
Jesus McCann, 333 North Marwood
Robert Fisher, 544 West Fern Drive
Angel Torres, 455 East Patterson Way
Cecilia Menton, Buena Park
The following are the issues in support of the project:
- Mrs. Plummer should have any vehicles that park in her spaces towed away, to discourage further parking.
- Because there is a bus stop in front of the facility, there is an abundance of trash which needs to be maintained daily and Mr. Silver has indicated he would do so.
- Stuart's Rollerworld cannot be held responsible for all the damage done to vehicles parked on Richman Avenueand surrounding streets, because vandalism could be done by other parties.
- Young skaters are being fined by the police for skating on public property, their boards are confiscated, and this type of facility would prevent such incidents from occurring.
- Tenants of French Village also park on Stuart's Rollerworld property.
- A skateboard park would give kids a safe place to skateboard and will keep them out of trouble.
- Protective gear will be required for any skateboarder within the park.
Stuart Silver, again spoke and gave a brief description of the proposed skate park. He emphasized that most of the patrons of Stuart's Rollerworld and the skate park, are young children who are dropped off by their parents.
Commissioner Simons asked if there was ever a reciprocal access agreement between the two properties. Senior Planner Commerdinger answered that at the time of the initial review, the conditions of approval were silent on this issue. He noted that a new condition is being proposed which would require a written agreement by the adjacent property owner to use the private drives on the east and south sides of the property.
After reviewing the new conditions of approval, Mrs. Plummer indicated that she still had concerns about the parking which would be removed with the construction of the skate park. She also felt that a review should be conducted sooner than the proposed six months.
Public hearing closed.
Commissioner Munson felt that while he was not against the proposed skate park itself, there were property rights of adjacent owners which needed to be considered. He also had concerns about the adequacy of the proposed 49 parking spaces. Given the past history of the site, he did not wish to recommend approval of the proposed expansion at this time. Instead, he wished the two parties in question to meet in a good-faith effort to solve their differences, and the matter could be reviewed at a later date. He concurred that a 90-day review of the operation be held.
Commissioner Simons recommended that a security employee be hired to police the area during the entire time the skate park is in operation. He asked that this be considered as another condition of approval.
Commissioner Godfrey supported the proposed skate park and was confident that staff would review the operation to see that the conditions of approval were followed.
Commissioner LeQuire was concerned that there were several conditions of approval from the original hearing that were not being adhered to. He did not think this set a favorable precedent, and could not support an expansion to the existing facility.
Commissioner Ballard noted an additional two conditions with which the applicant had not complied, and added that the applicant did not appear to be sensitive to the needs of surrounding property owners. While he favored the concept of a skate park, he did not favor the proposal as presented. Chairman Sandoval concurred, adding that she desired to see a willingness by the applicant to comply with all existing conditions.
Commissioner Ranii supported staff's recommendation. He did not feel the current expansion would exacerbate the existing parking problems, and that this use was needed for the children in the area. He felt that a review should be held 60 days after the opening of the skate park.
The reading of the title of Resolution No. 6770 MODIFYING a Conditional Use Permit to allow the continued operation of the roller rink, arcade, snack bar and pro shop in an existing commercial building and establishment of a skate park located at 464 West Commonwealth Avenue was waived. MOTION by Commissioner Ballard, seconded, and CARRIED by a five-to-two vote, with Commissioners Godfrey and Ranii voting yes, that said Resolution be DENIED.
MOTION by Commissioner Munson, seconded and CARRIED unanimously, that the original Conditional Use Permit No. 899 be REAFFIRMED, and that staff bring this matter back for Commission review within 90 days for reconsideration of the modification of the Conditional Use Permit.
Chairman Sandoval stated that this item may be appealed to the City Council within ten days.