RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 19148 TO CREATE A RESIDENTIAL SUBDIVISION WITH TWO LOTS FOR CONDOMINIUM PURPOSES AND THREE LOTS FOR COMMERCIAL PURPOSES ON A 12.52-ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE PRJ2021-00006 – ZON-2021-0032, SUB-2021-0002, LRP-2021-0006, LRP-2021-0007, LRP-2021-0008 APPLICANT: SHOPOFF REALTY INVESTMENTS, L.P.
PROPERTY OWNER: SUNRISE VILLAGE OWNER, LLC.
WHEREAS, the applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan (ZON-2021-0032), Tentative Tract Map (SUB- 2021-0002), General Plan Revision (LRP-2021-0006), Zoning Amendment (LRP-2021-0007) and Development Agreement (LRP-2021-0008) for construction of a 113 dwelling unit residential community, including 49 detached single-family residential homes and 64 townhomes, retention of an existing 4,000 square foot building and construction of 19,000 square feet of new commercial space on property more specifically described as Orange County Assessor’s Parcel Nos. 287-241-01, - 04 and -06 (Lot 1 of Lot Line Adjustment No. 207, in the City of Fullerton, County of Orange, State of California, recorded September 12, 2021 as Instrument No. 2021000509353 of Official Records in the office of the County Recorder of said county; Together with Parcel 4, in the City of Fullerton, County of Orange, State of California, as shown on a map filed in Book 88, Page 50 of Parcel Maps in said office of the County Recorder.).
WHEREAS the Planning Commission of the City of Fullerton, in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76, held a duly held a duly noticed public hearing for PRJ-2021-00006.
WHEREAS FMC Section 16.02.030 authorizes the Planning Commission to act on a Tentative Tract Map and FMC 15.76.060.C establishes that the City shall process multiple applications for the same project concurrently and reviewed and approved or denied by the highest review authority designated by the Title for any of the applications.
WHEREAS the Planning Commission of the City of Fullerton recommended that City Council approve PRJ2021-00006 including Major Site Plan (ZON-2021-0032), Tentative Tract Map (SUB- 2021-0002), General Plan Revision (LRP-2021-0006), Zoning Amendment (LRP-2021-0007) and Development Agreement (LRP-2021-0008).
WHEREAS, the City of Fullerton, as Lead Agency, prepared an Initial Study / Mitigated Negative Declaration to identify the potential environmental impacts associated with the construction and implementation of the project in conformance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.).
WHEREAS, the Planning Commission and City Council considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated September 2021 and Technical Appendices, the Final Initial Study including Comments, Responses to Comments and Errata dated October 2021, the Mitigation Monitoring and Reporting Program and the administrative record during the public review process.
WHEREAS, the City analyzed the revised project under the California Environmental Quality Act (CEQA) to determine if the revised project would constitute a substantial revision of the negative declaration and whether the project would result in any new or unavoidable significant effects. Upon review, the proposed Project revisions will not result in any new Project impacts or increase the severity of a previously identified significant impact as discussed in The Pines at Sunrise Village IS / MND. Consistency analysis finds that the original Initial Study adequately addressed the potential impacts of the Project with site plan changes under consideration.
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 FMC Section 16.02.030 finds as follows:
Finding: The City Engineer and Director of Community and Economic Development shall examine each tentative tract map filed for its correctness and compliance with City ordinances and policies.
Fact: That Tentative Tract Map TTM 19148 meets the requirements of Fullerton Municipal Code Title 16 and the State of California Subdivision Map Act. The City Engineer has reviewed the proposed map in relation to the provisions of Fullerton Municipal Code Title 16 and the Subdivision Map Act and has found the map in conformance with these regulations.
Finding: That Tentative Tract Map TTM 19148 conforms to The Fullerton Plan, as follows:
Fact: The proposed subdivision will provide for infill residential development on an underutilized commercial retail parcel with a vacancy rate of approximately 45%, introducing new housing options that are compatible in height and scale with the site and its surroundings near exiting single- and multi-family residential communities and neighborhood serving commercial uses in the City.
Fact: Facilitating the addition of dwelling units in areas with existing infrastructure is consistent with State and local housing goals that emphasize the need for increased housing production across all income levels and the City’s goals for growth aligned with infrastructure capabilities.
City Council does hereby approve said Tentative Parcel Map SUB-2021-0002 / TTM 19148, subject to the following conditions of approval:
Approval of this application is contingent on the approval of Major Site Plan (ZON-2021- 0032), General Plan Revision (LRP-2021-0006), Zoning Amendment (LRP-2021-0007) and Development Agreement (LRP-2021-0008). If any of the foregoing are denied, this application shall be similarly denied. The effects of this resolution shall occur on the earliest day upon which all the foregoing and this resolution can legally go into effect.
The construction and operation of the project shall comply with the Standard Conditions (Exhibit A), Engineering Conditions of Approval (Exhibit B) and Mitigation Monitoring and Reporting Program (Exhibit C).
The applicant shall agree to indemnify, hold harmless and defend the City of Fullerton, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this resolution, save and except that caused by the City’s active negligence.
Adopted by the Fullerton City Council on January 3, 2023.
Fred Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Attachments:
Attachment 1 – Standard Conditions
Attachment 2 – Engineering Conditions of Approval
Attachment 3 – Mitigation Monitoring and Reporting Program Resolution No. 2023-XXX