Fullerton City Council 12/20/2024
303 W. Commonwealth Ave
Fullerton, CA 92832
Re: ST-2023-0038, Appeal Letter to City Council
City Council,
On behalf of the many neighbors, I am writing this letter of appeal regarding the recent approval of STR- 2023-0038 by the Planning Commission for the following reasons.
Inconsistent Action taken by Planning Commission: the case heard prior to ours was STR-2023-0036. A new STR permit request. Applicant had zero history of any issues. Code Enforcement recommended approval. 3 residents spoke to oppose citing both concerns of noise and safety. All 5 planning commission members voted to deny this STR. Our case is littered with applicant issues, violations of the Good Neighbor Guidelines, many noise and safety occurrences, yet the applicants STR was approved.
Covenant of Quiet Enjoyment: While I understand there is a level of complexity involving layers of "he said/she said", what is undeniable is that we, the residents on Edgecliff Drive, have a reasonable expectation of peace and quiet, meaning, that we can and should expect a relatively undisturbed living environment free from excessive noise or disruptions caused by others. In this case, "others" is the Airbnb at 1850 Edgecliff Drive. Our covenant of quiet enjoyment is a reasonable expectation. The planning commissioners acknowledged in their comments that the Airbnb had broken several rules referenced in the "Good Neighbor Guidelines" yet Mr. Dino, Mr. Mansuri and Ms. Tutor, all voted to approve the permit. It is a privilege, not a right, to operate a business on a residential street with residential neighbors. It is a right that we the neighbors are entitled to a safe and quiet street and neighborhood.
Code Enforcement Inaccuracies: during the hearing, code enforcement representatives provided inaccurate information to the planning commission. As an example, when asked about the car repair business the applicant is running out of their home, code enforcement stated they were called to the home for an oil spill and found zero signs of a car repair business. This is false. Code Enforcement officer Daniel met with the neighbor at 1890 Edgecliff Dr and stated that he did see signs of a car repair business and notified the applicants of such. Furthermore, as part of the Good Neighbor Guidelines, excessive trash and full trash bags left outside was reported to Code Enforcement. They reported that they investigated and found no trash. I provided a photo from the day prior to the hearing to show nothing has been done to address this unsightly and unsanitary mess. The trash pile is still there as of this writing (12/22).
Respectfully,
9. (Andrew) Todd Liverman
Fullerton, CA 92831