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Planning Commission Meeting Minutes
WEDNESDAY FEBRUARY 8, 2006 7:00 P.M.
CALL TO ORDER: The meeting was called to order by Chairman Savage at 7:00 p.m.
PRESENT: Chairman Savage; Vice Chairman Francis; Commissioners Bailey, Fitzgerald, Hart, Musante and Thompson
ABSENT: None
STAFF PRESENT: Chief Planner Rosen, Senior Planner Eastman, Assistant Planner Kusch, Senior Civil Engineer Voronel, Associate Planner Allen and Clerical Assistant Leopold
FLAG SALUTE: Chairman Savage
MINUTES: MOTION made by Commissioner Fitzgerald SECONDED by Commissioner Musante and CARRIED by a 6-0 vote, that the Minutes of January 25, 2006, be APPROVED AS WRITTEN.

Commissioner Bailey arrived at 7:10 p.m.

OLD BUSINESS

Approval of amended Resolution No. PC-06-03 (PRJ03-00887 - ZON03-00081 - ZON03-00082) for property located at 2801 North Brea Boulevard.

Public hearing opened.

Resident Gary Zavadil, 2740 Lantana Ave. requested that the neighbors who will be affected by the landscaping be noticed prior to the RDRC meeting. He submitted a report to the Commission regarding landscaping.

Senior Planner Eastman stated that the resolution was brought back to the Commission to add the additional landscaping condition. The conditions states that the landscaping material along the side yard, adjacent to the single-family residents, shall be of mature growth and fast growing. The RDRC will have the final approval of the landscape plans. Chief Planner Rosen added the neighbors will be noticed regarding the RDRC meeting.

The title of Resolution No. PC-06-03 APPROVING a site plan to construct a new 20,000-square-foot, multi-purpose building, a 21,640-square-foot administrative building, a three-level parking structure for approximately 787 vehicles and a future parking structure expansion to accommodate approximately 227 additional parking spaces, and adopting the mitigation measures and mitigation monitoring program corresponding to the Mitigated Negative Declaration certified by minute order on this date at the First Evangelical Free Church of Fullerton main campus located at 2801 North Brea Boulevard, was read and further reading was waived. MOTION made by Commissioner Thompson, SECONDED by Commissioner Hart and CARRIED unanimously that said Resolution be ADOPTED AS WRITTEN.

PUBLIC HEARINGS

ITEM NO. 1 PRJ04-00387 - ZON04-00047 - ZON04-00053. APPLICANT AND PROPERTY OWNER: ABRAHAM TABAJA.

Assistant Planner Kusch provided a staff report pertaining to a review of compliance with existing conditions and proposed revisions to conditions for a previously-approved Conditional Use Permit, for an automobile repair and sales business, on property located at 801-811 West Commonwealth Avenue (C-H zone) (Categorically exempt under Section 15332 of CEQA Guidelines) (Continued from November 9, 2005 and January 25, 2006) (AKU).

Public hearing opened.

Applicant Abraham Tabaja gave a brief background on his business.

Chairman Savage asked Mr. Tabaja if he had any problems with the conditions stated in the staff report. Mr. Tabaja said he would comply with what staff had requested.

Resident Steve Paluso, 800 W. Amerige, was concerned about the applicant's alarm system, since it sometimes goes on for days and asked if he had a monitoring system. Chief Planner Rosen said staff would meet with him and Mr. Tabaja to discuss this issue.

Public hearing closed.

Commissioner Thompson expressed his concern that other used car lots don't need to have their lots striped in advance in order to maintain the regulations such as the fire access lane and didn't think it was fair to impose this on Mr. Tabaja. Chief Planner Rosen explained that the approved site plans shows location of the parking of the cars. He stated if Mr. Tabaja would like to modify the site plan, and change the location of the drive lanes, he would be required to submit a modified site plan. Chairman Savage stated he didn't feel it was punitive, and felt Mr. Tabaja could move forward with the project.

Commissioner Hart said if the applicant agreed to the site plan and everyone was happy, she was in support of the project.

Commissioner Fitzgerald said she was comfortable giving staff the help they needed in assuring continued compliance with Mr. Tabaja's CUP, and was in support of what staff had presented.

Vice Chairman Francis stated that the applicant had said he would comply with what had been requested by the City.

Commissioner Bailey said that while the applicant has come a long way with this project, he was concerned with the fire access not being striped, and would support the project.

Commissioner Musante said the City has done a great job in laying out what is needed and the since the applicant agrees to the conditions, he's in support as outlined.

The title of Resolution No. PC-06-04 AMENDING the conditions of approval for an existing Conditional Use Permit to allow automobile sales and repair on property located at 801-811 West Commonwealth Avenue, was read and further reading was waived. MOTION made by Commissioner Fitzgerald, SECONDED by Chairman Savage and CARRIED that said Resolution be ADOPTED AS WRITTEN.

ITEM NO. 2
PRJ05-00709 - LROP-00010. APPLICANT: CITY OF FULLERTON.

Associate Planner Allen provided a staff report pertaining to a request to amend Section 15.17 (Residential Zone Classifications) of the zoning ordinance as it pertains to "outdoor residential recreational facilities."

Public hearing opened.

The following residents were opposed to the zoning ordinance:

  • Jeff Koskela, 609 N. Hale Ave.
  • Valerie Green, 605 N. Hale Ave.
  • Scott Green, 605 N. Hale Ave.
The points of opposition to the skate ramp were:

  • noise pollution
  • loss in property value
  • enforcement issues
The following resident was in support of the ordinance.

  • Brenda Morgan
Public hearing closed.

Commissioner Fitzgerald questioned if there had been a discussion about the size of structures and skateboard ramps in back yards when staff wrote the amendment. Chief Planner Rosen answered that Associate Planner Allen researched other cities to find some criteria regarding skateboard ramps. She did not find an ordinance specific to skateboard ramps, either prohibiting or permitting. The proposed ordinance was based on the size of a structure which needs a building permit, and the intensity of the use was defined. Staff did not go into any specific design detail.

Senior Planner Eastman clarified that this amendment was for recreational facilities and not skateboard ramps, specifically. The size and height identified would be for any kind of apparatus.

Commissioner Thompson said this was a tough issue because skateboard noise is so profound and louder than noise created by a swimming pool or other types of recreational devices. He suggested that staff make recommendations to modify statutes that either create a long setback from adjacent residences, about 200 feet, or prohibit skateboard ramps altogether. Chairman Savage agreed with Commissioner Thompson's comments on the noise and greater setback.

Vice Chairman Francis supported of the amendment to the ordinance.

Commissioner Fitzgerald agreed with Vice Chairman Francis and she was in support of the amendment.

Commissioner Bailey stated he is in support of the amendment as read.

MOTION made by Commissioner Fitzgerald, SECONDED by Commissioner Musante to APPROVE the amendment as written.

Commissioner Thompson made a substitute MOTION, SECONDED by Chairman Savage to direct staff to recommend amendments to existing statutes, which would mandate that a skateboard ramp in excess of 120 square feet must have a 50-foot setback. Chairman Savage WITHDREW his SECOND to the substitute MOTION after listening to further discussion. MOTION FAILED due to a lack of a SECOND.

Commissioner Musante stated that the initial motion satisfied him and agreed it would give the City the mandate regarding the public nuisance and noise standards to do the right thing for the neighborhoods.

The title of Resolution No. PC-06-05 RECOMMENDING to the City Council approval of an amendment to Chapter 15.17 of the Zoning Ordinance (residential zone classifications) pertaining to the regulation of outdoor recreational facilities to add provisions addressing the review of facilities such as, but not limited to, skateboard ramps was read and further reading was waived. Chief Planner Rosen noted clarifications on Item Nos. 7 and 11 in Attachment "A". Associate Planner Allen noted that Item No. 7 should include tennis courts, reading "Pools, spas and tennis courts may be located " as presented by staff. Item No. 11. was amended to remove "in" and have it read ".the holding of a public hearing pursuant to Chapter 15.70 (Conditional Use Permit) of this title."

A vote was made regarding the original motion CARRIED by a 4-3 vote, with Chairman Savage, and Commissioners Hart and Thompson opposing the recommendation to City Council to approve zoning amendment LRP05-00010.

OTHER MATTERS

None

COMMISSION/STAFF COMMUNICATION

Commissioner Bailey stated for the record he arrived 10 minutes late.

Vice Chairman Francis complimented Chief Planner Rosen and staff on a job well done regarding Item No. 1.

REVIEW OF COUNCIL ACTIONS

Chief Planner Rosen gave an overview of the February 7, 2006 City Council Meeting.

PUBLIC COMMENTS

There was no one from the public who wished to speak on any matter within the Commission's jurisdiction.

AGENDA FORECAST

The next regularly-scheduled Planning Commission meeting will be February 22, 2006 at 7:00 p.m.

ADJOURNMENT

There being no further business the meeting was adjourned at 8:55 p.m.
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