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Planning Commission Meeting Minutes

MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY MARCH 10, 1999 4:00 P.M.

CALL TO ORDER:
The meeting was called to order by Chairman Godfrey at 4:00 p.m.
ROLL CALL:
Chairman Godfrey; Commissioners Ballard, LeQuire, Munson, Sandoval and Simons

ABSENT: Ranii

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

ALSO PRESENT: Sylvia Palmer, Public Information Officer

MINUTES:
MOTION by Commissioner Ballard, seconded and CARRIED by a 5-0 vote, with Commissioner Sandoval abstaining, that the Minutes of the February 24, 1999, meeting be APPROVED AS WRITTEN.

PUBLIC HEARINGS:

ITEM NO. 1
SITE PLAN SP-765 (MAJOR) AND CONDITIONAL USE PERMIT CUP-1004. APPLICANT: FRED FIEDLER & ASSOCIATES; PROPERTY OWNER: CHEVRON USA, INC.
Staff report dated March 4, 1999, was presented pertaining to a request to consider site and architectural plans for a new service station with mini-mart on property located at 2950 East Nutwood Avenue (southwest corner of Nutwood and Placentia Avenues) (C-2 zone) (Negative Declaration) (Continued from February 24, 1999).

Program Planner Linnell reported that the existing Chevron station at this location is proposed to be demolished, including canopy and pump islands, and replaced with new construction and a reorientation of the pump islands. Staff had issues pertaining to this site, but they have been resolved. Staff recommended approval of the request.

Chairman Godfrey asked for clarification on the issues with which staff had been concerned. Program Planner Linnell answered that there was an Engineering issue concerning the proposed driveway, which had been resolved. Also, staff wished to ensure that the memorial plaque presently in place would be retained in a proper manner.

Commissioner LeQuire noted that traffic from the shopping center south of this location tends to use the Chevron driveway to exit onto Nutwood Avenue. He asked if the traffic flow would change with the new proposal. Program Planner Linnell replied that because of an existing easement, the traffic flow would remain the same. Commissioner LeQuire also inquired if the Burt family was satisfied with the proposal for the plaque.

Sylvia Palmer, Public Information Officer, stated that she had been in contact with both the widow and parents of CHP Officer Don Burt. As of this date, she had received no negative response regarding the proposed plan, but pointed out that it had been the express interest of the widow that the plaque be mounted as close as possible to the actual site where her husband had died. This location would be the west wall of the property.

Public hearing opened.

Al Norris, Property Development Specialist, Chevron Products Company, first thanked staff for their assistance with the project. Currently, this particular station is losing volume because of its poor appearance and inefficient layout. Chevron plans to update the facility to include a full-line convenience store, which will benefit not only this business, but surrounding businesses as well. He added that significant landscaping is included as a part of this proposal, and the near- corner approach on Placentia Avenue will be closed to ensure better traffic flow. Mr. Norris read and concurred with all of the recommended conditions of approval.

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. 6812 approving site and architectural plans for the construction of a new service station with mini-mart on property located at 2950 East Nutwood Avenue, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be APPROVED AS WRITTEN.

ITEM NO. 2
DEVELOPMENT PROJECT DP-99-1 (MAJOR) AND CONDITIONAL USE PERMIT CUP-1003. APPLICANTS: NADEL ARCHITECTS AND RALPH'S GROCERY STORES; PROPERTY OWNER: BURNHAM PACIFIC PROPERTIES.
Staff report dated March 3, 1999, was presented pertaining to a request to consider site and architectural plans for a 5,450-square-foot addition to an existing supermarket (Ralph's) at the La Mancha Center on property located at 1121 North Harbor Boulevard, and to allow a joint use of parking arrangement for this commercial property (west side of Harbor Boulevard, between Berkeley Avenue and Valley View Drive) (C-3 zone) (Negative Declaration).

Commissioner Ballard noted for the record that he is the landlord for the building immediately north end of the center, but has no financial interest in the proposed project.

Program Planner Linnell reported that the proposal includes a Development Project, which pertains to the actual physical layout of the expansion, and a Conditional Use Permit, to allow a 10% reduction of the normal parking requirements for the center. Staff does not take issue with either request, and that any impacts would be minimal. Staff felt the expansion would be beneficial to the total operation of the center, as well as to Ralphs, and recommended approval of the request.

Commissioner Sandoval asked if this would limit any expansion at the southern end of the property. Program Planner Linnell answered that staff had structured the approval of this CUP to allow a 10% reduction, provided that any future expansions do not require the parking beyond that allowance. Commissioner Sandoval also noted that Condition No. 3 required landscaping plans to be submitted to the RDRC. Program Planner Linnell stated that this was an error, and should read "subject to the approval of the Director of Development Services." Staff will amend the resolution accordingly.

Commissioner Ballard stated that the number of parking spaces on site varied throughout the staff report, e.g. 460-484, 560-584. Program Planner Linnell noted that 460-484 are the correct numbers.

Commissioner LeQuire asked what proposed uses could utilize any of the existing tenant spaces, thus increasing the parking requirement, and Program Planner Linnell answered that a new restaurant, or any general office/retail use would be allowed.

Public hearing opened.

Jose Alvarez, Nadel Architects, thanked planning staff for their assistance with the project. He stated that the new architecture would be consistent with the existing buildings. The parking layout will be rearranged, to encourage customers to utilize the now seldom-used spaces in the northern lot. Mr. Alvarez had read and concurred with all of the recommended conditions of approval, including the amendment to Condition No. 3.

Commissioner Ballard stated that Margaret Georgilas from Burnham Pacific Properties had indicated that she would be sending letters to the Personnel Department of the North Orange County Municipal Courthouse, located across the street from the site, to ask that employees cease from parking in the La Mancha Center lot. Commissioner Ballard suggested that Mr. Alvarez again contact the property owner and inform them that the approximately 25 vehicles are still parking in this lot.

Commissioner Simons asked how many handicapped spaces would be provided at the entrance. Mr. Alvarez stated that three or four spaces would be provided, and pointed out their location on the vicinity sketch.

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

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. 6813 APPROVING a request to consider site and architectural plans for a 5,450-square-foot addition to an existing supermarket (Ralph's) at the La Mancha Center on property located at 1121 North Harbor Boulevard and to allow a joint use of parking arrangement for this commercial property, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS AMENDED, to require approval of the landscape plans by the Director of Development Services.

ITEM NO. 3
DEVELOPMENT PROJECT DP-99-2 (MAJOR). APPLICANT: KFC, INC.; PROPERTY OWNER: COLLEGE SQUARE JOINT VENTURE.
Staff report dated March 3, 1999, was presented pertaining to a request to consider site and architectural plans for a new 2,512-square-foot, drive-through restaurant (Kentucky Fried Chicken) within the College Square Shopping Center (northeast corner of Chapman Avenue and State College Boulevard) (C-2 zone) (Negative Declaration). A vicinity sketch was displayed.

Senior Planner Commerdinger reported that the proposal is for the construction of a Kentucky Fried Chicken restaurant on the satellite pad along the State College orientation of the center, approximately 46 from the property line. With this type of use, staff was concerned with hours of operation and the use of speaker boxes. The site plan meets or exceeds all applicable code requirements for setbacks and landscaping. A traffic study was provided, to ensure that there would be no adverse traffic impacts to the area. There was a discrepancy, however, between the staff report and engineer's letter concerning on-site parking. The Engineering Department is requiring that six spaces be removed for line of sight and safety issues. Staff believed that these issues could be resolved by the restriping of the parking lot, to take standard spaces down to compact, thus the overall count would not changed. Staff recommended approval of the request, subject to 11 conditions of approval.

Commissioner Simons noted that the staff report states the building to be 2,512-square feet, while the Engineer's letter lists it at 2,000 square feet. Senior Planner Commerdinger reported that 2,512-square-feet correct, and the parking analysis was based on that figure.

Commissioner Ballard wished clarification on the alleged line-of-site issue. Senior Planner Commerdinger answered that the concern centered around vehicles exiting the drive-through lane and merging into traffic on State College Boulevard. Commissioner Ballard was concerned about requiring the property owner to restripe the entire lot, due to the excessive cost of doing so. Senior Planner Commerdinger introduced another solution, which would be to require the applicant or property owner to do an updated, on-site physical count of all the parking spaces.

Commissioner LeQuire concurred, emphasizing that six parking spaces would not be so critical an issue as to require the applicant or property owner to restripe the entire lot.

Senior Civil Engineer Wallin indicated that Engineering's main concern was the safety of the entrance/exit to the street and the possible congestion at the driveway, which could back up onto State College Boulevard. He pointed out the spaces in question on the vicinity sketch.

Commissioner Ballard inquired as to how much restriping would be involved to relocate the six spaces in question. Senior Civil Engineer Wallin replied that by placing all the compact spaces in one row, one full space could be gained for every nine compact spaces, adding that perhaps only four spaces may need to be eliminated, as opposed to the six.

Senior Planner Commerdinger suggested that perhaps the drive-thru lane could be made parallel to the main access driveways, and signing placed on the property stating that drivers should be cautious of exiting traffic. He noted that a similar situation exists at the Taco Bell located at Harbor Boulevard and Orangethorpe Avenue.

John DeFrenza, 20301 SW Birch Street, Suite 101-E, Newport Beach, concurred with Engineering's concerns, but felt that a solution could be reached. He was certain that the land developer would agree to perform a full count of spaces on site. He informed the Commission that the developer is proposing to construct another building east of the proposed development, to enclose the space, and the parking issue will again reviewed at the time of approval of the new development. He read and concurred with all recommended conditions of approval, with one modification: the proposed hours of operation will be 11 a.m. to 10 p.m., so it would not be necessary to restrict the use of the speaker box.

Chairman Godfrey inquired whether finding a solution to the six parking spaces in question should be made a condition of approval. Senior Planner Commerdinger suggested that the Commission direct staff to arrive an agreement between the owner, tenant and two departments which is acceptable to the two Directors and the applicant.

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

Chairman Godfrey noted the lack of public participation in this matter, and asked if the residences to the west of the site had been notified of the hearing. Senior Planner Commerdinger answered affirmatively, and stated he had received a telephone call from a surrounding resident, who merely wanted to know the hours of operation, and what the footprint of the proposed building would be.

Commissioner Sandoval asked if the paragraph in the Engineer's letter pertaining to the six spaces would be deleted. Chairman Godfrey answered that it would remain a condition in the letter, and that the Commission would direct staff and applicant to arrive at a solution to eliminate six parking spaces without the need to restripe.

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. 6814 APPROVING a request to consider site and architectural plans for a new 2,512-square-foot, drive-through restaurant (Kentucky Fried Chicken) within the College Square Shopping Center located on the northeast corner of Chapman Avenue and State College Boulevard, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 4
ABANDONMENT AB-99-1. APPLICANT: COUNTRY FRENCH VILLAGE; PROPERTY OWNER: CITY OF FULLERTON
Staff report dated March 3, 1999, was presented pertaining to a request to abandon a 20-foot and 30-foot easement for roads, railroads and ditches, on property located at the southeast corner of Brea Boulevard and Bastanchury Road (PRD-O zone) (Categorically exempt under CEQA Guidelines).

Senior Civil Engineer Wallin report that this abandonment was an oversight during the processing of the tract map. This easement did not appear until after the map was sent for recordation and was called out by the title company

There was a consensus of the Commission for approval. The reading of the title of Resolution No. 6815 RECOMMENDING to the City Council the abandonment of a 20-foot and 30-foot easement for roads, railroads and ditches on property located at the southeast corner of Brea Boulevard and Bastanchury Road, was waived. MOTION by Commissioner Ballard, seconded and CARRIED unanimously by voting members present, that said Resolution be ADOPTED AS WRITTEN.

OTHER MATTERS

REVIEW OF COUNCIL ACTIONS
Chief Planner Rosen gave a brief report on recent City Council meetings.
PUBLIC COMMENTS
Connie Hall was in the audience on behalf of Margaret Georgilas. She apologized for being late and asked if there were any Commission comments of which she should be aware pertaining to the Ralph's Grocery expansion. Commissioner Ballard reiterated the fact that if Ms. Georgilas had sent a letter to the courthouse asking that the employees not park in this lot, it was to no avail. Ms. Hall stated that she would inform Ms. Georgilas of that fact.
AGENDA FORECAST
The next regularly-scheduled meeting will be March 24, 1999, at 4:00 p.m.

Chairman Godfrey asked if staff could place the revocation hearing now set for April 14, 1999, on the agenda for the second meeting in April, as some members would be absent at the first meeting. Senior Planner Commerdinger answered affirmatively. Further, Commissioner Munson noted that the Zoning Code update had also been agendized for the second meeting in April. Chief Planner Rosen announced that, due to the resignation of the planner in charge of that project, the Zoning Code issue would be heard at a later date.

ADJOURNMENT
There being no further business, the meeting was adjourned at 5:11 p.m.
Becky Stevens
Clerk to the Planning Commission
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