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Planning Commission Meeting Minutes

MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY DECEMBER 8, 1999 4:00 P.M.

CALL TO ORDER:
The meeting was called to order by Chairman Godfrey at 4:05 p.m.
ROLL CALL:
Chairman Godfrey; Commissioners Ballard, LeQuire, Ranii, Sandoval and Simons

ABSENT: Commissioner Munson

STAFF PRESENT: Chief Planner Rosen, Senior Planner Mullis, Program Planner Linnell, and Recording Clerk Stevens

MINUTES:
MOTION by Commissioner Ballard, seconded and CARRIED unanimously that the Minutes of the November 17, 1999, meeting be APPROVED AS WRITTEN.

PUBLIC HEARINGS:

ITEM NO. 1
PARCEL MAP PM-99-208. APPLICANT AND PROPERTY OWNER: LST II FULLERTON, LLC.
Staff report dated December 1, 1999, was presented pertaining to a request to subdivide a 137.6-acre parcel into two parcels, 12 acres and 125.6 acres, respectively, on property located at the northeast corner of Malvern Avenue and Gilbert Street (M-P-200,000 zone) (Categorically exempt per Section 15315 of CEQA Guidelines.

Chief Planner Rosen reported that the applicant wished to continue this matter until the next regularly-scheduled Planning Commission meeting. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said matter be CONTINUED until the next regularly-scheduled meeting of January 12, 2000.

ITEM NO. 2
AMENDMENT A-1459. APPLICANT: CITY OF FULLERTON.
Staff report dated December 1, 1999, was presented pertaining to an amendment to Chapters 15.04 and 15.17 of the Fullerton Municipal Code pertaining to regulations for accessory buildings and structures on R-1 and R-2 zoned property (Negative Declaration).

Program Planner Linnell reported that the proposed amendment was in response to City Council direction. This amendment was drafted to address the problem of oversized non-habitable accessory buildings, particularly in R-1 zoned, single-family neighborhoods. The code presently does not require that these structures be built with side or rear-yard setbacks, therefore many large structures have been built at the property line, causing concern with adjacent property owners. Program Planner Linnell displayed slides of examples of oversized structures recently constructed in the city. Staff is attempting to regulate this type of construction by proposing setback requirements when a structure exceeds a certain area or height. For example, a structure over 600 square feet in area or over 10 feet in wall height would require at least a 15-foot setback from the rear property line. Another proposal is that a building over 600 square feet be constructed with a "residential" appearance, to "blend in" with the existing residence. This would also give staff discretion in reviewing the design of these accessory structures. Any structure less than 600 square feet would still be able to build on the property line.

Chief Planner Rosen made a correction to the draft ordinance on page 4, paragraph 4, footnote number one. The sentence should read as follows: "Rear yard setback requirements for non-habitable structures apply only to lots where the rear property line is contiguous with other "R" zoned property."

Commissioner Sandoval suggested the following corrections:

  • Page 2, Section 3D of the draft Ordinance, the word "sunroom" appears in both Nos. 2 and 3. In number 2, the sunroom height is defined, with restrictions, and is listed as a non-habitable space; in Number 3, it was listed only as an accessory building. She suggested that it remain in number 2 and be removed from number 3. Program Planner Linnell indicated that staff would make that change.
  • Page 2, Section 5, item d. "A recreational vehicle" should be changed to "recreational vehicles".

Commissioner Ballard made the following modifications to the draft ordinance:

  • Page 2, Section 3, Number 5b. Such vehicles shall be limited to those owned by an occupantas opposed to "the" occupant.
  • Page 2, Section 3, Number 5d. "Recreational vehicles shall not be parked or stored within the front yard where there is an existing driveway or other access leading to the rear yard of the residence which can accommodate such vehicles", as opposed to "that".
  • Page 3, Paragraph 3, "Parking parallel to the front property line is prohibited", should include whether this is on or off the premises. (Director Dudley reminded the Commission that, at this time, staff would not be making any changes to the recreational vehicle section of this ordinance).
  • Page 3, Number 4, Section F. "There shall be maintained on every interior residential lot, in the R-2 and R-2P zones, one or more side yards totaling ten feet" He inquired whether one side yard may be three feet and the other may be seven feet, and Program Planner Linnell answered affirmatively.
  • Page 4, last paragraph, beginning with "A two-story accessory building may be approved in the R-1 and R-1P zones only by the Planning Commission..and a signed, notarized land use restriction is recorded by the City of Fullerton." should have language added that this restriction would include a subordination to the restriction, signed and notarized by each holder of the mortgage or deed of trust affecting the property.

Commissioner Ranii questioned whether this amendment affects the second units in an R-2P zone, where habitable units are often built over garages. Program Planner Linnell answered negatively; that all setback revisions apply to R-1 zoned property only.

Commissioner LeQuire made a correction to page 2, item 2b. He felt the sentence should read: "Such buildings shall be architecturally and visually compatible with the main dwelling unit and have a residential appearance."

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

There was a consensus of the Commission for approval. MOTION by Commissioner Simons, seconded and CARRIED unanimously by voting members present, that the Negative Declaration be CERTIFIED. The title of Resolution No. 6855 RECOMMENDING to the City Council approval of an amendment to Chapters 15.04 and 15.17 of the Fullerton Municipal Code pertaining to regulations for accessory buildings and structures on R-1 and R-2 zoned property, was read and further reading was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

REVIEW OF COUNCIL ACTIONS
Chief Planner Rosen gave a brief report on recent City Council meetings.
AGENDA FORECAST
The next regularly-scheduled meeting will be January 12, 2000, at 7:00 p.m.
ADJOURNMENT
Chairman Godfrey presented Certificates of Appreciation to Commissioner Jim Ranii and Commissioner Larry Ballard upon completion of their terms as Planning Commissioners. On behalf of the entire Planning Commission, he thanked them for their eight years of service.

There being no further business, the meeting was adjourned at 4:45 p.m.

Becky Stevens
Clerk to the Planning Commission
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