RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A FREEWAY-ORIENTED ELECTRONIC BILLBOARD ON PROPERTY ZONED G-C, GENERAL COMMERCIAL, LOCATED AT 1604 SOUTH HARBOR BOULEVARD PRJ-2021-0007 – ZON-2021-0038
APPLICANT: 1604 HARBOR 91, LLC
PROPERTY OWNER: 1604 SOUTH HARBOR BOULEVARD, LLC
WHEREAS the applicant filed for a Conditional Use Permit for the property at 1604 South Harbor Boulevard, more specifically described as Orange County Assessor’s Parcel No. 267-091-09.
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 noticed public hearing for ZON-2021-0038 on December 7, 2022.
WHEREAS FMC Section 15.49.120.C permits freeway-oriented electronic billboard subject to a review and approval of a conditional use permit.
WHEREAS FMC Section 15.70.040.D establishes the criteria to consider in evaluating a conditional use permit request and authorizes the Planning Commission to recommend a project when it can make applicable findings.
WHEREAS the Planning Commission recommended that City Council approve the proposed electronic billboard on December 7, 2022.
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: In accordance with FMC Section 15.49.120.F, a freeway-oriented electronic billboard is permitted in the G-C, General Commercial zone subject to review and approval of a development agreement and conditional use permit pursuant to FMC Chapter 15.70. The project complies with the Physical/Site Requirements identified in FMC Section 15.49.120.F and Operational Requirements identified in FMC Section 15.49.120.G established for the conditional use.
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 project supports the following Fullerton Plan policies and goals:
Goal 9: Long-term fiscal strength and stability that has a foundation in local economic assets and adapts to dynamic market conditions.
Policy 2.3: Distinctive Landmarks – Supports project to preserve existing landmarks and encourage the creation of new landmarks that reinforce Fullerton’s identity and image.
Policy 11.12: Public Private Partnerships – Supports projects that facilitate partnerships with property owners and developers to achieve revitalization results that contribute to clean, safe, and attractive neighborhood and districts.
Fact: The proposed project includes a development agreement that provides for an annual monetary public benefit for a 30-year time period as a result of the installation and operation of the electronic billboard.
Fact: The proposed project provides the public benefit to promote City messages of community interest and information and public safety messages to further reach and promote to the larger community and proactively address public safety concerns.
Fact: The proposed project utilizes the identical modern frame design of two previously approved freeway-oriented electronic billboards, creating consistency and quality in visual appearance and branding of Fullerton from the surrounding freeways.
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: The proposed project has been designed to meet both the physical and operational requirements pursuant to FMC Section 15.49.120. Further, the project will be required to meet all life safety requirements contained in the California Building Code. The project will also need review and approval from Caltrans which also considers the health, safety, and general welfare of those traveling along state roadways/freeways.
Finding: That the project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47.
Fact: The billboard will comply with the Design Criteria specified in Section 15.47.060 of Chapter 15.47 as well as criteria identified in Section 15.49.120. The billboard will contain a modern design with blue and white accents, a City identity feature at the top of the sign, and the City’s logo on the support structure. The overall size and visibility of the sign from the freeway are consistent and similar in size to the existing billboards in the surrounding area. All bracing, wires, and other supporting elements have been architecturally integrated and screened within the sign structure and are not visible from public right-of-way.
In accordance with the California Environmental Quality Act (CEQA) Guidelines City Council finds that the proposed project is exempt from further review per the following:
Section 15303 Class 3 – New Construction or Conversion of Small Structures Finding: This project consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures descripted in this section are the maximum allowable on any legal parcel.
Fact: The proposed project is the construction of a freeway-oriented electronic billboard that will occupy approximately 360 square feet of site area within an existing parking lot and provide two electronic displays that are 14 feet by 48 feet and will be 70 feet in height. The site is previously developed and located in an urbanized area. The proposed project is well within the magnitude of construction considered by this exemption.
Pursuant to CEQA Guidelines Section 15300.2, a Class 3 exemption also includes the following considerations:
Finding: Location. The project does not impact an environmental resource of hazard or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
Fact: The site is classified as “Urban and Built-Up Land” by the California Department of Conservation Farmland Mapping and Monitoring Program. There is no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, forest land, or timberland on or near the site nor is the site subject to a Williamson Act contract. The site is not located in an area known to be underlain by regionally important mineral resources. The site does not provide habitat for wildlife movement and is not near areas of the City that contain significant plant and animal populations (i.e., East Coyote Hills or West Coyote Hills). Furthermore, the project does not propose the removal of any trees or landscaping.
As with all of Southern California, the site lies in a seismically active region. However, the site is not within an Alquist-Priolo Earthquake Fault Zone nor are faults identified within the site. The site is not located in a Liquefaction Zone or Landslide Zone.
The site is located in an area designated as a 500-year flood zone. The project would add a 55 square foot sign support structure with all other improvements elevated 50 feet above the existing site. This improvement is minimal and would neither redirect flood flows nor release pollutants in the event of a flood.
The project will not impact an environmental resource or hazard of critical concern; a categorical exemption may therefore be utilized.
Finding: Cumulative Impact. The project is not a successive project of the same type in the same place over time is significant.
Fact: FMC Section 15.49.120.F provides physical requirements in order to limit and reduce any potential for cumulative impacts. Specifically, FMC Section 15.49.120.F.1 limits the type of zones freeway-oriented billboards may be located and FMC Section 15.49.120.F.3 limits the minimum distance between two freeway-oriented electronic billboards on the same of side of the freeway to 1000 feet. Although not a freeway-oriented electronic billboard, there is currently one non-commercial billboard at 1301 East Burton Road that is approximately 6,000 feet from the subject site. Further, a recently entitled billboard at 1210 Burton Street will be approximately 5,100 feet from the proposed billboard. The proposed project meets the minimum physical requirement limiting any potential cumulative impact; a categorical exemption may therefore be utilized.
Finding: Significant Effect. There is not a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
Fact: The project site is located within the G-C, General Commercial zone, with the proposed freeway-oriented billboard located within an existing parking lot. As a result, the billboard meets the required development standards of FMC Section 15.49.120. The site was previously developed and is located in an urbanized area. There are no unusual circumstances that will have a reasonable possibility that the activity will have significant effect on the environment. Therefore, a categorical exemption may therefore be utilized.
Finding: Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
Fact: Based on review of The Fullerton Plan and the California Department of Transportation (Caltrans) Scenic Highways Program, the only Officially Designated State Scenic Highway in Orange County is the segment of SR-91 from SR-55 to east of the city limits of the City of Anaheim. The subject site is not located near a scenic corridor as identified within The Fullerton Plan (General Plan). Thus, it would not affect scenic resources along an officially designated, eligible Scenic Highway or a scenic corridor; a categorical exemption may therefore be utilized.
Finding: Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
Fact: This site is not included on lists of hazardous waste facilities identified by Section 65962.5 of the Government Code. Specifically, it is not identified on the EnviroStor data management system of the Department of Toxic Substances Control for tracking cleanup, permitting, enforcement and investigation efforts at hazardous waste facilities and sites with known contamination or sites where there be reasons to investigate further. A categorical exemption may therefore be utilized.
Finding: Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
Fact: The project site is a small retail center owned by Shoe City, an existing tenant of the site. The site includes two retail buildings, landscaping, and surface parking. The project site is within an urban area and is surrounded by the freeway, streets, commercial uses, and multi-family uses. The project site is not included in the Local Register of Historical Resources in The Fullerton Plan. Also, there are no historical resources or districts adjacent to the project site. Thus, the project will not cause a substantial adverse change in the significance of a historical recourse; a categorical exemption may therefore be utilized.
Section 15332 Class 32 – In-Fill Development
Finding: The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.
Fact: The site is zoned G-C (General Commercial) with a general plan land use designation of Commercial. The project proposes to retain these existing classifications and construct and operate a freeway-oriented electronic billboard, a use requiring a DA and CUP. The proposed project complies with the corresponding specific provisions and requirements established by 15.49.120.F and G.
Finding: The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
Fact: The project site is 1.97 acres in size. It is an infill site in a generally urbanized area consisting of a mix of commercial uses.
Finding: The site has no value as habitat for endangered, rare, or threatened species.
Fact: The project site is a retail center owned by an on-site tenant. The location of the billboard is currently occupied by a 35-foot-high freeway-oriented pole sign that is situated within the rear parking lot. The project site is within an urban area and is surrounded by the freeway, streets, commercial and multi-family uses.
Fact: Although no wildlife species were observed on the project site, there is potential for common animal species typically found in urban areas to be present, such as small mammals, birds, small reptiles, and insects. There are no natural or sensitive biological resources present on the project site, and the proposed project would not impact any candidate, sensitive, or special status plant or animal species.
Finding: Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
Fact: Operation of the proposed freeway-oriented electronic billboard would generate only minimal vehicle trips, mainly attributable to construction vehicles and operational maintenance vehicles. These vehicle trips will be nominal, temporary, and sporadic and do not meet the threshold to review under the City’s Transportation Assessment Policies and Procedures (TAPP). During construction activity, the applicant may be required to prepare and implement a temporary traffic control plan, as warranted and required by City standards.
Fact: The proposed freeway-oriented electronic billboard would be oriented and visible primarily from SR-91 but would also be visible from surrounding public streets. The proposed project would not create a hazard as the constructed billboard would be required to adhere to all Caltrans regulations for placement, reflection, and visibility. FMC 15.49.120 and State law also establish lighting and glare requirements and minimum 1000-foot spacing distance between billboards. Further, the project requires submittal to Caltrans for review and approval. With adherence to existing Federal, State, and local regulations regarding billboard signs and no hazard impacts are anticipated.
Fact: The project site is located in an urbanized area along the California State Route 91 (SR-91). The existing ambient noise level in the area are primarily generated by traffic noise from SR-91 and Harbor Boulevard. The proposed billboard will not include any noise generating components. Long-term operations of the freeway-oriented electronic billboard would not result in exposure of noise levels that exceed the standards of the Municipal Code, nor would the long-term operations of the proposed project exceed ambient noise level conditions. Further, the project must meet the City’s Noise Ordinance for the City of Fullerton for any short-term construction-related noise.
Fact: The proposed project is new construction of a freeway-oriented electronic billboard that would occupy approximately 360 square feet of site area within an existing parking lot and provide two electronic displays that are 14 feet by 48 feet that will be 70 feet in overall height. The project includes limited construction on site for the sign structure/foundation and the sign components are fabricated at facilities off-site. Thus, construction impacts to air quality are minimal in scope and duration. Additionally, the nature, the proposed project would not have any direct operational impacts that would affect air quality, including from trips made to the site for operational vehicles. It is assumed the proposed project would use a nominal amount of electricity for illumination purposes for the LED lighting.
Fact: Operation of the freeway-oriented electronic billboard would not involve the use of water to operate. The site is completely built over or paved and construction of the billboard will not substantially alter the existing drainage pattern of the site nor contribute to an increase in surface runoff.
Finding: The site can be adequately served by all required utilities and public services.
Fact: The site is served with existing electric and all telecommunication systems. All proposed utilities that provide direct service to the subject property will be placed underground, where possible.
City Council approves said Conditional Use Permit subject to the following conditions of approval:
Approval of Conditional Use Permit ZON-2021-0038 is contingent on the approval of Development Agreement LRP-2021-0009. Should Development Agreement LRP-2021-0009 not be approved, Conditional Use Permit ZON-2021-0038 shall be similarly denied.
The property shall be in substantial conformance with the plans, descriptions, and statements provided by the applicant, excepting any modifications made by the Planning Commission. This includes, but is not limited to, the submitted plans and agreements (Attachment 1). Upon significant changes to the plans, descriptions, and statements provided by the applicant, as determined by the Director of Community and Economic Development, staff shall initiate a review of the CUP at a noticed public hearing before the Planning Commission and City Council.
At all times, the freeway-oriented electronic billboard shall be operated consistent with all terms of a valid and current development agreement. If the initial development agreement approved as PRJ-2021-0007 – LRP-2021-0009 has expired, and the parties have not entered into a new or extended development agreement, then the applicant shall operate consistent with the initial development agreement.
Upon plan check submittal, the plans shall be updated to plainly display the billboard identification number on the elevations.
All conduits shall be routed underground to an above-ground meter pedestal located within the rear yard area, as depicted on the site plan in Attachment 1.
All exposed portions of billboards, including backs, sides, structural support members and support poles, shall be screened from public view. Upon submittal of construction plans, the plans shall be updated provide screening for any exposed areas along the south elevation.
All existing landscape planters shall be refreshed with new landscape materials. A landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits.
Prior to issuance off building permits for the electronic billboard, a new, fully enclosed trash enclosure(s) shall be built to contain all required trash dumpsters.
Prior to issuance of a building permit, provide documentation for approvals provided by Caltrans. Applicant shall be responsible for all coordination and approvals with Caltrans.
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, including without limitation any actions taken pursuant to the California Environmental Quality Act (CEQA) with respect thereto, that may be brought against the City arising out of this approval, or arising out of the operation of the business, save and except that caused by the City’s active negligence. Said indemnity obligation shall include payment of any costs related to staff, consultant and reasonable attorney’s fees, expert witness fees, and court costs.
Construction plans shall be submitted to the Community and Economic Development Department for review and issuance of any future building permit(s).
Applicants shall include the following items in their formal building plan check submittal:
Soils Report pursuant to California Building Code Section 1803.2. Soils report shall include information on the type of footing construction. If a spread footing is planned, please verify the depth and width of the footing excavation. Grading operations for footing may require the development of a grading plan and an erosion and sediment control plan.
Structural plans, details, and calculations to show proposed billboard sign has been designed and constructed to withstand seismic loads and wind pressures as provided for in Chapter 16 of the California Building Code.
Building Division Conditions of Approval
Construction plans shall be submitted to the Community and Economic Development Department for review and issuance of any building permit(s). Construction plans shall comply with Fullerton Building Codes, as adopted and in effect at time of plan submittal.
A soils report is required for the design of any deepened foundations resulting from the structural design of the foundation.
Public Works Conditions of Approval
Prior to issuance of a building permit, provide a copy of the sign application to Caltrans.
Applicant shall be responsible for all coordination and approvals with Caltrans.
Prior to construction, provide a copy of the approval from Caltrans.
Applicant shall submit a soils report to support the footing design.
General Conditions:
All work in the public right of way shall be constructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, latest edition. This includes supplements thereto and City of Fullerton Standard Drawings.
Before undertaking any grading or construction work of any type within the public right of way, the owner must first obtain the applicable permits from the Public Works Department.
During site improvement, all deliveries to the project site that are overweight or oversize will require a transportation permit from the Public Works Department.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANAURY 17, 2023. ______________________________
Fred Jung
Mayor
ATTEST
____________________
Lucinda Williams, MMC
City Clerk
____________________
Date
Attachment:
Attachment 1 – Plans
Resolution No. 2023-XXX
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