Ordinance NO. XXXX
An Ordinance of the City Council OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A Development Agreement FOR A FREEWAY-ORIENTED ELECTRONIC BILLBOARD TO PROVIDE THE Project Applicant and the City of Fullerton certain assurances with respect TO project approvals and obligations PRJ-2021-00007 - LRP-2021-0009
APPLICANT: 1604 south Harbor Boulevard, LLC (Mardy Ying) PROPERTY OWNER: 1604 south Harbor Boulevard, LLC
WHEREAS, the applicant filed for a development agreement for the property at 1604 South Harbor Boulevard, more specifically described as Orange County Assessor’s Parcel No. 267-091-09.
WHEREAS, the Development Agreement would provide the Project Applicant and the City of Fullerton certain assurances with respect project approvals and obligations pursuant to California Government Code Sections 65864 - 65869.5 (“Development Agreement Statute”) authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction to encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the general plan, provide certainty in the approval of projects to avoid waste of time and resources and reduce the economic costs of development by providing the applicant with assurance that the development of the Project may proceed subject to the rules and regulations in effect at the time of Project approval.
WHEREAS, the Planning Commission of the City of Fullerton, in compliance with the requirements of Fullerton Municipal Code (FMC) Chapter 15.76, has held a duly noticed public hearing for Development Agreement PRJ-2021-0007 – LRP-2021-0009.
WHEREAS, Government Code Section 65867 requires a Planning Commission recommendation to City Council for a Development Agreement.
WHEREAS, the CUP includes the following condition: "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." NOW, THEREFORE, the City Council of the City of Fullerton, ORDAINS as follows:
In all respects as set forth in the Recitals of the Ordinance.
City Council, pursuant to Government Section 65867.5(b) finds as follows:
Finding: A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.
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 projects 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 neighborhoods and districts.
Fact: The proposed project includes a development agreement which provides for an annual monetary public benefit as a result of the installation and operation of the billboard.
Fact: The proposed project provides for 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 previously approved modern frame design, creating consistency in quality visual appearance and branding of Fullerton from the surrounding freeways.
In accordance with the California Environmental Quality Act (CEQA), the City of Fullerton, as the Lead Agency, has analyzed the project and has determined that the Project is exempt from the provisions of CEQA pursuant to Section 15303 New Construction and Conversion of Small Structures and Section 15332 In-fill Development Projects. Additionally, the project is not prohibited from using a Categorical Exemption under CEQA Guidelines Section 15300.2.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 17, 2023. _____________________________
Fred Jung
Mayor
ATTEST:
_____________________________
Lucinda Williams, MMC
City Clerk
_____________________________
Date
Attachment:
Attachment 1 – Draft Development Agreement
Ordinance No. XXXX