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Planning Commission Meeting Minutes

MINUTES OF THE REGULAR MEETING OF THE FULLERTON PLANNING COMMISSION

COUNCIL CHAMBERS - FULLERTON CITY HALL

WEDNESDAY AUGUST 8, 2001 4:00 P.M.

CALL TO ORDER:
The meeting was called to order by Vice-Chairman Crane at 4:00 p.m.
ROLL CALL:
Vice-Chairman Crane; Commissioners Allred-Blake, LeQuire, Price, Sandoval, and Wilson

ABSENT: Chairman Simons

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

MINUTES:
MOTION by Commissioner Wilson, seconded and CARRIED by a 5-0 vote, with Commissioner LeQuire abstaining, that the Minutes of the July 11, 2001, meeting be APPROVED AS WRITTEN.

PUBLIC HEARINGS:

ITEM NO. 1
CONDITIONAL USE PERMIT CUP-1045. APPLICANT: NATIONAL SIGN AND MARKETING; PROPERTY OWNER: HOPE INTERNATIONAL UNIVERSITY
Staff report dated August 1, 2001, was presented pertaining to a request to allow an electronic readerboard sign on property located at 2500 East Nutwood Avenue (south side of Nutwood Avenue between Titan Drive and North Commonwealth Avenue) (C-2 zone) (Categorically exempt under Class 1 of CEQA Guidelines).

Vice-Chairman Crane abstained from this matter and left the Council Chambers. Commissioner LeQuire acted as Chairman for this item.

Program Planner Linnell provided a brief overview of the project and stated that staff supported this request.

Public hearing opened.

Claude Ellena, National Sign and Marketing Corporation, 4881 Murrieta Street, Chino, made himself available for questions. He indicated that he had read and concurred with all of the recommended conditions of approval.

Commissioner Allred-Blake asked if the public notification was made to owners or tenants of surrounding properties. Program Planner Linnell answered that notices were mailed to property owners. Commissioner Allred-Blake indicated that she had spoken with some of the tenants of surrounding properties, some as long as 20 years, who had not received notification and had expressed this concern to her. Program Planner Linnell explained that staff makes the decision on whether to expand a mailing, based on the controversy of a particular item. Staff did not feel that any commercial tenants in this area would object to this project. Commissioner Allred-Blake suggested that the item be continued so that another public notification could be mailed to the tenants.

Commissioner LeQuire asked for a vote of the Commission to determine if they desired to continue this matter. It was the consensus of the Commission that this item not be continued at this time.

Public hearing closed.

Commissioner Wilson inquired if the tenant, who desired a continuance of this matter, had specific concerns about the readerboard sign. Commissioner Allred-Blake explained that the tenant felt (1) the sign may impact traffic flow; and (2) this may cause a proliferation of these types of signs in the area.

There was a consensus of the Commission for approval. The title of Resolution No. 6927 APPROVING an electronic readerboard sign on property located at 2500 East Nutwood Avenue, was read and further reading was waived. MOTION by Commissioner Sandoval, seconded and CARRIED by a 5-0 vote, with Commissioner Crane abstaining, that said Resolution be ADOPTED AS WRITTEN.

Commissioner Crane returned to the Council Chambers.

ITEM NO. 2
CONDITIONAL USE PERMIT CUP-1046. APPLICANT: RICHARD FLORES; PROPERTY OWNER: BRAD KUISH
Staff report dated August 1, 2001, was presented pertaining to a request to allow a health club on the second floor of an existing commercial building on property located at 444 North Harbor Boulevard (southeast corner of Harbor Boulevard and Chapman Avenue) (C-3 zone) (Categorically exempt under Class 1 of CEQA Guidelines).

Program Planner Linnell reported that the main issue with most health clubs is the availability of parking. This situation is unique in that the existing parking will be temporarily removed during construction of an adjacent project. The applicant is aware of the temporary loss of parking and was confident that customers will be able to find parking elsewhere.

Commissioner Price asked for the hours of operation of the health club. Program Planner Linnell answered that the applicant had not requested specific hours of operation.

Commissioner Wilson questioned when the health club would open, and if staff knew of the starting date for construction of the adjacent project. Program Planner Linnell was unsure as to the exact dates of both, but thought that the adjacent project would be under construction by late fall of this year.

Commissioner LeQuire inquired how many customers could be expected to be at the health club at any one time. Program Planner Linnell indicated that this question could best be answered by the applicant.

Public hearing opened.

Richard Flores, owner of the health club, stated that he had read and concurred with all of the recommended conditions of approval. Further, because floor space will be limited, the focus will be on one-on-one personal training, and there will be yoga and aerobic classes. These classes will average approximately 25 persons. There will be 14 pieces of equipment, and a free-weight area, thus at capacity there could be as many as 50 persons at one time. Mr. Flores indicated that he would most likely have operating hours of 5 a.m. to midnight in the beginning. In response to a question from Commissioner Wilson, Mr. Flores stated that he hopes to open the facility within three months.

Commissioner Sandoval referenced a letter to the Commission from Benjamin Kim, owner of the Spring Field Banquet Facility, and asked that it be entered into the public record.

Public hearing closed.

There was a consensus of the Commission for approval. The title of Resolution No. 6928 APPROVING a health club on the second floor of an existing commercial building on property located at 444 North Harbor Boulevard, 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. 3
SITE PLAN SP-793A AND TRACT 16228. APPLICANT: AVANT GUARD DESIGN INTERNATIONAL; PROPERTY OWNER: INAS EDWARD HANNA; NEVIS CONSTRUCTION.
Staff report dated August 1, 2001, was presented pertaining to a request to consider site and architectural plans for a 13-unit residential condominium complex on property located at the southwest corner of Bastanchury Road and Associated Road (R-3 zone) (Categorically exempt under Class 32 of CEQA Guidelines).

Program Planner Linnell reported that the Commission had previously reviewed and approved a plan for this site in April 2000. That plan was for a 16-unit apartment, but since that time the property was sold and the new buyer desires to construct the 13-unit condominium. Staff felt that the new plan is a better plan, and will be more aesthetically pleasing. One key improvement is that there will no longer be a need for a noise wall along the street frontage because the required open space is protected behind the building. He showed a photo of another similar complex on Chapman Avenue. Further, the existing chain-link fence along the flood control channel will be replaced with a more decorative fence. A block wall will be built along the south property line, to separate the project from the PRD development to the south.

Commissioner Wilson noted that a right-turn lane currently exists on Bastanchury Road and referenced the addition of a right-turn pocket in the staff report. Senior Civil Engineer Wallin explained that some time in the future, Bastanchury Road will be expanded to three lanes in each direction, and the pocket will be installed at that time.

Commissioner Crane noted that the garage area was proposed below grade, and asked if there was a minimum height requirement. Senior Civil Engineer Wallin stated the applicant is required to obtain the flood plain elevation, and construct the buildings above that grade. There are times when non-habitable structures such as garages may be constructed below that level, but this would be part of the plan check review.

Public hearing opened.

Jeffrey Lee, applicant, stated that was a split-level condominium, with the first floor at grade. He indicated that he had contacted the Orange County Flood Control District, the layout meets the requirements, and drainage from the project will flow into the existing channel. He pointed out that this project is not as dense as the one previously approved, and will be more aesthetically pleasing.

Commissioner LeQuire noted that Condition 5 requires that decorative masonry noise walls shall be constructed and asked where these would be located. Chief Planner Rosen explained that there was a small area along Bastanchury Road, with a "window" into the common open space area which may require screening if noise levels are not met.

Public hearing closed.

Commissioner LeQuire supported the project as presented. He thought this would be a good addition to this particular corner. Commissioner Wilson concurred, adding that the architecture was excellent.

There was a consensus of the Commission for approval. The title of Resolution No. 6929 APPROVING site and architectural plans and a tentative tract map for a 13-unit residential condominium complex on property located at the southwest corner of Associated Road and Bastanchury Road, 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-1046. APPLICANT: RICHARD FLORES; PROPERTY OWNER: BRAD KUISH
Staff report dated July 25, 2001, was presented pertaining to a request to amend Amerige Heights Development Agreement DA-00-01 by clarifying the maintenance responsibilities of private improvements (landscaping, private streets) in the Mixed Use District of the Amerige Heights Specific Plan (SP-00-01) (Minor Amendment to Plans covered by previously certified EIR).

Chief Planner Rosen reported that the Development Agreement, approved by the City Council in September 2000, required that all landscaped areas in the residential and commercial areas be maintained by the master homeowner’s association. The proposed amendment allows the commercial shopping center owner and adjacent property owners in the southern mixed use areas, to maintain their own street frontages and internal streets, subject to the approval of the Director of Development Services.

Commissioner Sandoval asked who would be responsible if there were to be a problem in the mixed-use area. Chief Planner Rosen answered that if there should be a problem with the landscape maintenance in the mixed-use area, the matter would be referred back to the City.

Commissioner Wilson felt that "...the owners of the land within the MUA may elect to provide the maintenance obligations..." seemed open-ended. Chief Planner Rosen clarified that the major property owners in the mixed-use area can elect to join with the master homeowner’s association, or can "elect out," providing an alternative landscape maintenance plan is presented to the Director of Development Services.

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

Commissioner Sandoval said that it made sense for a commercial property owner to not be tied into a homeowner’s association, and supported the amendment as presented.

There was a consensus of the Commission for approval. The title of Resolution No. 6930 RECOMMENDING to the City Council an amendment to Development Agreement DA-00-01, as defined by Section 65865.2 of the California Government Code, between the City of Fullerton and LSF II Fullerton, LLC pertaining to the Amerige Heights project located at 1901 West Malvern 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.

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 September 12, at 4:00 p.m. The August 22, 2001, meeting has been canceled.
ADJOURNMENT
There being no further business, the meeting was adjourned at 5:10 p.m. in memory of Mary Louise Simons, wife of Planning Commission Chairman Paul Simons.
Becky Stevens
Recording Secretary
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