July 28, 2004
CALL TO ORDER
The meeting was called to order by Chairman Stopper at 4:00 p.m.
Chairman Stopper, Commissioners Bailey, Francis, Hart, Price, Savage
STAFF PRESENT: Chief Planner Rosen, Senior Planner Mullis, Assistant Planner Sowers and Recording Secretary Baker
Commissioner Savage asked to have the order of names mentioned on Page 104 in the second paragraph reversed.
MOTION by Commissioner Savage seconded by Commissioner Bailey and CARRIED unanimously by the members present that the Minutes of July 14, 2004, be APPROVED AS AMENDED.
ABSENT: Francis, Price
The applicant was delayed in traffic, therefore, the Consent Item was heard first.
RESOLUTION NO. PC-04-22. APPLICANT: CITY OF FULLERTON; PROPERTY OWNER: ADVENT FULLERTON, LLC.
Senior Planner Mullis reminded the Planning Commission that a Resolution of the Planning Commission of the City of Fullerton denying a request to revoke a Conditional Use Permit for the operation of a bar on property located at 116-1/2 West Wilshire Avenue was revised and needed to be approved.
Commissioner Savage asked which Planning Commissioners were in attendance at the June 23, 2004 meeting, where this CUP was discussed. All commissioners stated that they were in attendance, however, Commissioner Francis left, due to a conflict of interest..
The title of Resolution No. PC-04-22 DENYING a request to revoke a Conditional Use Permit for the operation of a bar on property located at 116-1/2 West Wilshire Avenue was read and further reading was waived, MOTION by Commissioner Bailey and seconded by Commissioner Price and carried unanimously by members present. Commissioner Francis abstained.
ITEM NO. 1
PRJ04-00541 ZON04-00056. APPLICANT AND PROPERTY OWNER: REGENCY CENTER LLP.
Staff report dated July 28, 2004, was presented pertaining to a request for a Conditional Use Permit to allow a small collection recycling facility in a Limited Commercial zone on property located at 1040 East Bastanchury Road (southwest corner of Bastanchury Road and Brea Boulevard) (C-1 zone) (Categorically exempt under Section 15301 of CEQA Guidelines).
Assistant Planner Sowers reported that Stater Brothers Market is required by the California Department of Conservation, and also mandated through the California Beverage Container and Recycling and Litter Reduction Act, to provide certified recycling facilities on site. There has been an increased demand at this recycling center, and a future projection for higher volumes, therefore, Stater Brothers has determined that a larger recycling facility is necessary at this location.
Assistant Planner Sowers explained that the site is located in a limited commercial zone, therefore requiring a CUP. She said that the applicant is proposing to locate the facility at the rear of the Stater Brothers Market, at the southwest corner of Brea Boulevard and Bastanchury Road. The recycling facility could also be accessed from Morningside Circle. Ms. Sowers displayed site plans and explained that there would be two roll-off containers and a redemption facility. She identified the eight stalls that would be used by employees and customers exchanging recyclables. Ms. Sowers also displayed photos of the site and a sample of the logo to be painted on the container. The existing landscaping will screen the containers, and there would be no negative impact on the communitys public health, safety and welfare. The specifications meet or exceed the specific guidelines for a small collection facility, as listed in the Fullerton Municipal Code. Staff recommended approval of the CUP, subject to the conditions in the staff report.
Commissioner Francis asked if such a facility is required. Assistant Planner Sowers stated that stores with certain amounts of revenue generation are mandated by the Division of Recycling to provide such a facility. Stater Brothers previously provided a reverse vending machine which was not adequate to handle the current volume at this site.
Commissioner Price disclosed that he is the attorney for Corecare III, which operates Morningside of Fullerton and Corecare IV, which operates Park Vista of Fullerton, adjacent to this property. He said that he does not have a financial interest and felt there was no conflict of interest. He asked if there was another recycling center in the Savon parking lot at Euclid. Assistant Planner Sowers answered affirmatively, adding that it is owned by another company.
Chairman Stopper asked how many others sites operate in Fullerton and who regulates them. Assistant Planner Sowers stated that there are four other mandated locations, providing either reverse vending or a small collection recycling facility, and all are regulated by the Department of Conservation.
Public hearing opened.
Susan Moors, is the Property Manager for Stater Brothers and coordinates AB 2020 for Stater Brothers with the State of California. Ms. Moors reported that Stater Brothers had been meeting the need with reverse vending machines, however, the community responded strongly to recycling at this location and the volume was too much to handle. It was difficult to keep the area clean, and not have customers parking in front of store or in the fire lanes. Ms. Moors stated that in the past Stater Brothers used Commerce Recycling. They now use MSCZ which has been used at many locations, and it is much cleaner and better maintained. There are no problems in the evenings with trash being left behind.
Commissioner Francis asked if, besides meeting the mandate, would Stater Brothers be paid for putting in the facility. Ms. Moors stated that there was no money exchanged for these facilities. MSCZ makes a profit only on high volume locations with more traffic. This was not a high volume location because it will be located in the rear behind the store, and the company would probably just break even.
Chairman Stopper asked what was specifically recycled. Ms. Moors stated that aluminum and plastic bottles are currently recycled, but in January milk cartons and fruit juice containers with a CRV (California Redemption Value) would also be accepted.
Commissioner Hart asked if anything else would be accepted. Ms. Moors stated that it is just for bottles or small beverage containers with a CRV. She also stated that all grocers need to provide a convenience zone for recycling within mile of a grocery or liquor store. Store owners are fined $100 if they dont provide a recycling system or accept it.
Commissioner Bailey asked if there was another location on the site that would be more out of site. Ms. Moors stated that there is not sufficient space anywhere else on the site for loading and unloading the roll off containers.
Commissioner Savage asked if Ms. Moors had read and concurred with the recommended conditions of approval, and Ms. Moors answered affirmatively.
Mike Quaranta, 2700 Puente, lives across the street from Morningside. He stated the following:
- The bins would be unsightly to homeowners whose homes are above the site.
- Other recycling sites are unsightly
- He submitted articles regarding recycling
- He was surprised Park Vista and Morningside werent in objection
- He was concerned about the Citys recycling program
- He wanted the Planning Commission to find another location for this facility
Don Opperman, President of MSCZ, DBA Earth Wize Recycling, responded to Mr. Quarantas concerns regarding other recycling sites, and how they have not demonstrated responsible management of their sites. He said that Mr. Quaranta did not mention any of the MSCZ sites. He discussed past problems with legislation and stated that since things have changed, they have eliminated automation because there was no one there to monitor the activities and keep it clean. He stated that there are no other markets in this zone that qualify, so a center needs to be at this site and the community has been requesting it.
Commissioner Hart asked what the stores policy is if someone drops off inappropriate items after hours. Mr. Opperman stated that they have a process for removing couches, large appliances, etc. The community has become more educated, this is a good site, and they have experienced less of that lately.
Kevin Dickens, Stater Brothers Store Manager, stated that they discontinued the reverse recycling four months ago. They are still required to receive recycling in the back of the store, and it has become a sanitation issue for employees.
Mr. Quaranta asked Mr. Opperman if he received a State subsidy for recycling. Mr. Opperman answered affirmatively.
Public hearing closed.
Commissioner Francis was concerned that there was no policy for the roll offs in town. He felt it was an eyesore, depressing, and a magnet for trash, even if it is cleaned up every day. He mentioned how messy the center in the Savon parking lot was. He felt we should not have any of these in town. He would not support it in this location, but would support it in another location.
Commissioner Price felt it was a good idea in a good place. He thought it was not seen easily from Brea Blvd. or houses with a lower elevation. He also thought it was an out of the way place, not as prominent as the Savon Parking lot, and did not have a problem with it. He felt there were two forms of safeguards: the revocation of the CUP and CC & Rs drafted and applied to this property that precludes the market from creating a nuisance. He felt the City should try it and, if a problem arose, they could revoke the CUP.
Commissioner Hart stated that residents were noticed within a 300-foot radius with no responses for or against the project. She recognized there were conditions in place to revoke the CUP. Based on Stater Brothers performance, she felt they could continue their recycling program and recommended approval of the CUP.
Commissioner Savage supported the program. He was not favorable of the States unfunded mandate about recycling, but wanted to support Stater Brothers and was in support of the CUP.
Commissioner Bailey felt that Stater Brothers would keep this area clean; however, he agreed with Commissioner Francis and felt that it was an eyesore. He would be voting against having a center in this location.
Commissioner Francis reiterated that he was not against recycling, and it sounded like Stater Brothers would keep it clean. However, he would be voting against it.
Chairman Stopper agreed with staffs findings. He felt the use fits, was permitted in the zone, and is consistent with purposes and needs. He felt the CUP could be revoked if there was a concern with public health, safety and welfare. He would be supporting this, however, he had some of the same reservations as Commissioner Francis and Commissioner Bailey.
Commissioner Bailey stated any container in a parking space would look blighted to him, even if it was kept clean.
Commissioner Francis asked if this facility still meets the parking ratio required. Assistant Planner Sowers stated that even with the spaces required for this facility, there would still be 33 additional parking spaces.
The title of Resolution No. PC-04-26 APPROVING a Conditional Use Permit allowing a small collection recycling facility in a limited commercial zone, on property located at 1040 East Bastanchury Road, was read and further reading was waived. MOTION from Commissioner Price, seconded by Commissioner Savage, and passed by a 4 to 2 vote, with Commissioners Bailey and Francis voting no, that said Resolution be ADOPTED AS WRITTEN.
DISCUSSION REGARDING TIME OF PLANNING COMMISSION MEETINGS
This discussion was delayed to include Chief Planner Rosens input.
Senior Planner Mullis discussed the two community meetings recently held. One was regarding the Valencia Mesa rezone, and the other one was regarding the Happy Day Education Center.
Commissioner Price asked where the proposed Education Center was located. Senior Planner Mullis stated that it is located near Brookhurst Place and Bastanchury Rd. There is a large family day care at the existing house. She also stated that there was a consensus in the community against the expansion, and the applicant was reconsidering his options.
REVIEW OF COUNCIL ACTIONS
Senior Planner Mullis gave a brief report of recent City Council meetings. The Planning Commission discussed whether to agendize the Commission/Committee appointment process. Staff suggested waiting until the City Council reviews this after the second meeting in September.
The next regularly-scheduled Planning Commission meeting will be August 11, 2004, at 4:00 p.m.
There being no further business, the meeting was adjourned at 5:15 p.m.