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Staff Review Committee Meeting Minutes August 5, 2004

COUNCIL CONFERENCE ROOM FULLERTON CITY HALL
THURSDAY, 9:00 A.M., August 5, 2004

CALL TO ORDER:Chairman Rosen called the meeting to order at 9:10 a.m.
COMMITTEE MEMBERS PRESENT:Becerra, Mullis, Rosen, Tabatabaee, Thompson, and Cortez
COMMITTEE MEMBERS ABSENT:None
STAFF MEMBERS PRESENT:Mizokami, Sowers, and Norton
OTHERS PRESENT: Routledge, Silber, Chen, Song, Visnil, Cho, Shultz, Chung, Rhee, Hyun

APPROVAL OF MINUTES:

July 15, 2004 approved as written.

INTRODUCTIONS - COMMITTEE AND STAFF MEMBERS:

ACTION ITEMS:

PRJ04-00646 ZON04-00063. APPLICANT: BRUCE WARD REPRESENTING ROYCE EDUCATIONAL INSTITUTE; PROPERTY OWNER: ADVENT FULLERTON, LLC.

A request for a minor site plan to allow a tutorial school (educational institute) on property located at 219 North Harbor Boulevard (west side of Harbor Boulevard, approximately 60 feet south of the Harbor Boulevard/Wilshire Avenue intersection) (C-3 zone) (Categorically exempt under Section 15301 of CEQA Guidelines) (SMI)

Planning Intern Mizokami stated that the applicant is proposing an SAT preparation school for high school students. There are three classrooms on the 2nd floor; and one classroom on the 1st floor at the rear of the building. There were issues about handicapped accessibility and sprinklers for the second floor. A new ramp with a common access way and one-hour rating for the building is being proposed. By having a classroom on the first floor, it eliminates the need for an elevator. Classes will be held Mon.-Sat. 9:00 to 7:30 with a maximum of 36 students, and 6 staff members. The maximum number of students per class would be 12 students. No class would be longer than 90 minutes. The school will share general parking in District No. 1. Staff received a letter from the owners of the Chapman Building voicing their concern with the lack of parking in the downtown area.

The applicant explained that the school offers psychological testing for college bound students with one-on-one, 15-minute consultations about the findings of the tests. The Committee inquired about what is being done to discourage students from loitering. The applicant said that the school provides a lounge for those students who are being picked up by their parents. The pick-up/drop-off area would be located near the handicapped accessible ramp.

Chairman Rosen recalled that there was an issue with the properties being separate; however, the applicant is in the process of consolidating both of the lots to provide better accessibility.

The Committee had no further comments and moved to approve.

MOTION made, SECONDED, and CARRIED unanimously to APPROVE PRJ04-00646 ZON04-00063 as conditioned. (Resolution No. 372)

  1. Complete the process of lot consolidation.
  2. The total number of enrolled students shall not exceed 37 and 6 staff.
  3. The applicant shall obtain a Change of Occupancy Permit from the Building Department.
  4. Prior to the issuance of permits, the student drop off plan shall be submitted.
  5. Create a handout to give to parents informing them of the drop off location.
  6. Signage must be obtained under a separate permit, and such plans will be designed in accordance with the Downtown Sign Guidelines and submitted for approval by the Director of Development Services prior to the issuance of building permits, with implementation thereof prior to occupancy of the project.
  7. Number the building so as to properly identify the units.

There is a 10-day appeal period where any action by this Committee can be appealed to the Planning Commission and ultimately to the City Council. The request may be approved subject to conditions. Minutes of the hearing and a Resolution will be prepared.

PRJ04-00656 ZON04-00066. APPLICANT: JOHN SILBER; PROPERTY OWNER: THE ADVENT GROUP.

A request for a yoga studio in a building with retail use restrictions, as established by the Redevelopment Agencys seismic loan program, on property located at 120 West Wilshire Avenue (south side of Wilshire Avenue, approximately 250 feet west of the corner of Wilshire Avenue and Harbor Boulevard) (C-3 zone) (Categorically exempt under Section 15301 of CEQA Guidelines) (SMI).

Planning Intern Mizokami said that the application involves tenant improvements to a 2,300 square foot floor plan. The applicant also intends to have a retail aspect to the business that supports the yoga lifestyle. The business will share general parking in District No. 1. Yoga classes would be held 3 times a day Mon.-Sat. at 9:00, 4:30, and 6:30. Class times on the weekend may change. Classes will have no more than 24 students and will last no longer than 90 minutes each. Staff did receive a letter from the property owner of the Chapman Building for this proposal and the tutorial school off of Harbor Boulevard with concerns about parking congestion. Staff recommends approval subject to conditions.

Chairman Rosen said it is his understanding that the room must be heated for this particular type of yoga. Mr. Silber, architect for the project, explained that during class time the room must be heated to 105 degree. The retail area and the shower/locker room will be air-conditioned. Committee Member Tabatabaee stated that the space should be tight and well insulated so that the heat will not affect the neighboring tenants. Any new roof-mounted equipment must be adequately screened. Committee Member Thompson said the address of the building is 120 and the units are not separately identified. It is important to have good signage on the front of the building that shows where the third unit is located. Committee Member Cortez said a separate number, if available, could be issued.

Committee Member Tabatabaee noticed that there was only one exit. Mr. Silber, architect for the project, stated that the exit meets the exiting requirements based on the square footage of the building and the occupant load table. Committee Member Thompson requested clarification of the types of businesses in the retail center.

The Committee had no further questions and moved to approve.

MOTION made, SECONDED, and CARRIED unanimously to APPROVE PRJ04-00656 ZON04-00066 as conditioned. (Resolution No. 373)

  1. Classes shall be 3 per day, Mon.-Sat. between the hours of 9:00 a.m. and 8:00 p.m., and revisions shall be approved by the Director of Development Services.
  2. No class shall last longer than 90 minutes with 30 minutes between classes, and no more than 24 students to a class.
  3. That all corrections generated through the plan check and inspection processes are incorporated by reference as conditions of approval and would include any requirements generated by the Engineering, Building and Fire Departments.
  4. Signage shall properly identify the third unit.

There is a 10-day appeal period where any action by this Committee can be appealed to the Planning Commission and ultimately to the City Council. The request may be approved subject to conditions. Minutes of the hearing and a Resolution will be prepared.

PRJ04-00681 ZON04-00069. APPLICANT AND PROPERTY OWNER: DAVID CHUNG

A request for a tutoring center located in an existing office-professional building on property located at 2250 Rosecrans Avenue (southeast corner of Gilbert Street and Rosecrans Avenue) (O-P Zone) (Categorically exempt under Section 15301 of CEQA Guidelines) (AKU).

Senior Planner Mullis stated that the tutoring center would occupy the second floor only. The hours of operations would be Mon./Tue. 3:00-7:00; Wed. 1:00-6:00.

The classes are one-on-one tutoring in both language and math for students K-12, and are 90 minutes long with one-half hour of that time for homework. The number of tutors are four or five. The parents must sign their children in and out. The applicant stated that they had an existing facility in Fullerton on Harbor Boulevard and that this would be a satellite facility to it.

Chairman Rosen said he recalls that there was an issue with occupancy on the second floor. Committee Member Tabatabaee noted that Building has an issue with the handicapped access and restroom facility. The applicant stated that there is a handicapped restroom on the first floor. Committee Member Tabatabaee was concerned about how the handicapped would get from the first to the second floor. It is important that some tutoring classrooms be on the first floor in order to accommodate handicapped students.

A tenant in the center voiced his concern about another tutoring school coming into the center because of the increase in the number of children, the noise and congestion in the parking area. Mr. Chung stated that the school would not exceed 5 or 6 students within the hour and would not allow students to leave the center until their parents sign their students out so there should not be a noise issue. He addressed the issue of providing a handicapped restroom and cited an example of a tenant who was approved for a business also located on the second floor with similar circumstances. Ms. Rhee, Director of another tutoring school spoke about the issues she faced when she applied for a Conditional Use Permit to relocate her tutoring school to the City of Fullerton. The tenant space was not equipped for teaching children and required her to modify the space. She felt that Mr. Chung should be expected to go through the same process. Chairman Rosen explained the Conditional Use process, and said it is possible that a business did not go through the normal process and is not in compliance with current codes, and staff will look in to it. This application must comply before it can be approved by the Committee today.

Chairman Rosen stated that the Committee cannot approve this application at this time due noncompliance with handicap requirements and the comments from neighboring businesses. The concentration of business use at this location is also a concern.

The Committee had no further comments and moved to continue.

MOTION made, SECONDED, and CARRIED unanimously to CONTINUE PRJ04-00681 ZON04-00069 to the August 29th meeting.

PRJ04-00673 ZON04-00067. APPLICANT AND PROPERTY OWNER: DAVID LUCACH.

A request for a 20% reduction in the minimum rear yard setback from 15 feet to 12 feet on property located at 1809 Cherry Avenue (north side of Cherry Avenue between approximately 70 and 138 feet west of the northwest corner of Cherry Avenue and Hawthorne Avenue (R-1-7.2 zone) (Categorically exempt under Section 15301 of CEQA Guidelines) (AKU)

Senior Planner Mullis stated that the applicant is proposing a 20% reduction in the minimum rear yard setback in order to build a sunroom. There is adequate open space; does not impact parking and is in code compliance. Staff had no issues and recommended approval. The Committee moved to approve with no conditions.

MOTION made, SECONDED, and CARRIED unanimously to APPROVE PRJ04-00673 ZON04-00067. (Resolution No. 374)

ADJOURNED AT 10:15 A.M. AS STAFF SITE PLAN REVIEW COMMITTEE:

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