RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EXISTING RESTAURANT (120 FULLERTON) WITH A TYPE 47 (ON-SITE SALE OF BEER, WINE AND DISTILLED SPIRITS) ABC LICENSE, ENTERTAINMENT AND AN EXISTING OUTDOOR DINING PATIO ON PROPERTY ZONED C-3 LOCATED AT 120 WEST WILSHIRE AVENUE ZON-2020-0035
APPEAL APPLICANT: TONY BUSHALA
BUSINESS: 120 FULLERTON
PROPERTY OWNER: FULLERTON PROMENADE
WHEREAS the City received an application for a Conditional Use Permit for an existing restaurant with an outdoor dining patio (120 Fullerton), with a Type 47 (on-site sale of beer, wine and distilled spirits) ABC license and entertainment, more specifically described as Orange County Assessor’s Parcel No. 032-232-33.
WHEREAS the City of Fullerton Planning Commission, in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76, held a duly noticed public hearing for ZON-2020-0035.
WHEREAS the Planning Commission approved the request for a Conditional Use Permit.
WHEREAS, a member of the public filed an appeal of the Planning Commission decision to the City Council Pursuant to FMC Section 15.76.170.
WHEREAS, City Council heard the appeal of the Planning Commission action (ZON-2022-0114) during a duly noticed public hearing pursuant to FMC Section 15.70.060.B.
WHEREAS FMC Section 15.70 establishes the criteria to consider in evaluating a Conditional Use Permit request and authorizes City Council to approve a project when in an make applicable findings.
WHEREAS the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 – Existing facilities) because it consists of the operation of an existing private structure involving negligible expansion of the existing use NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
In all respects as set forth in the Recitals of the Resolution.
City Council, pursuant to Fullerton Municipal Code Section 15.70.040.D, finds as follows:
Finding: That the proposed use is conditionally permitted in the zone and complies with all applicable zoning standards.
Fact: The restaurant use is permitted in the C-3 (Central Business District) zone with the approval of a Conditional Use Permit for onsite alcohol sales and Entertainment.
Fact: The proposed operational characteristics of the existing restaurant comply with all applicable zoning standards contained in Chapter 15.31 of the FMC.
Finding: That the proposed use is consistent with the goals and policies of the general plan of the city or any specific plan applicable to the area of the proposed use.
Fact: The proposed project is consistent with goals and policies pertaining to land use and compatibility including:
Goal 1: Resilient and vital neighborhoods and districts.
Policy 1.11 Compatibility of Design and Uses. Support programs, policies and regulations to consider the immediate and surrounding contexts of projects to promote positive design relationships and use compatibility with adjacent built environment and land uses, including the public realm.
Goal 10: An innovation economy built upon Fullerton’s local entrepreneurial spirit and intellectual capital Policy 10.12 Downtown Economy Diversification. Support policies, projects, programs and regulations that diversify the Downtown economy to create more economic activity.
Fact: As documented in the staff report, the business has been responsive to staff with regards to complying with required Building and Municipal Code regulations. In addition, the business operator has complied with all regulations during the pandemic, operating as a restaurant during this time, with no live entertainment. These activities and actions show responsible business practices and promotes use compatibility with adjacent businesses and restaurants in the Downtown, which leads to potential growth and the opportunity to generate additional employment opportunities.
Finding: That the proposed use as conditioned will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
Fact: Information provided by the Fullerton Police Department, Fullerton Fire Department, and Department of Alcoholic Beverage Control indicate that the subject business has operated in good standing and has been a responsible operator. Based on this information, there is strong evidence that the business will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
Finding: That the project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47.
Fact: There are no physical changes proposed with this entitlement request; therefore, the Design Criteria specified in Section 15.47.060 and Central Business District Design Guidelines do not apply.
In accordance with the California Environmental Quality Act (CEQA) Guidelines the Planning Commission finds that the proposed project is exempt from further review per Section 15301 - Class 1 – Existing Facilities.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 6, 2022. _________________________
Fred Jung
Mayor
ATTEST:
____________________
Lucinda Williams, MMC
City Clerk
____________________
Date
Resolution No. 2022-XXX
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