RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A 65-unit affordable housing development ON A 2.50-ACRE PROPERTY LOCATED AT 1600 WEST COMMONWEALTH AVENUE PRJ2022-00121 – ZON-2022-0107, LRP-2022-0010, LRP-2022-0011 APPLICANT: META HOUSING CORPORATION
PROPERTY OWNER: CITY OF FULLERTON
WHEREAS, the applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan (ZON-2022-0107), General Plan Revision (LRP-2022-0010) and Zoning Amendment (LRP-2022-0011) for construction of a 65-unt affordable housing development project on property more specifically described as:
Orange County Assessor’s Parcel No. 030-290-226; and all that portion of the south half of the northwest quarter of Section 32, Township 3 south, Range 10 west, in the Rancho Los Coyotes, in the City of Fullerton, County of Orange, State of California, as said section is shown on a map recorded in Book 51, page 7 of Miscellaneous Maps in the office of the County Recorder, described as follows:
Beginning at a bolt set in the pavement to mark the northeast corner of the south half of the northwest quarter of said Section 32, said bolt being also the centerline intersection of West Commonwealth Avenue and North Basque Avenue, as same is shown on the records of the City Engineer of Fullerton, California, thence from said point of beginning along the eat line of the south half of the northwest quarter of said Section 32, South 0° 11' 15" West 228.60 feet to the northwesterly corner of Parcel 1 conveyed to the Sunny Hills Mutual Water Company by deed recorded April 1, 1942 in Book 1133, Page 525 official records, thence along the northerly and westerly boundary line of said Parcel 1, North 89° 48' 45" West 51.00 feet; thence South 0° 11' 15" West 85.05 feet of the southwesterly corner of said Parcel 1, said pointe being also on the northeasterly side of the Atchison, Topeka and Santa Fe Railway Company right of way, 100.00 feet in width as described in the deed recorded May 4, 1962 in Book 6098, page 397 official records; thence along said last mentioned right of way line, North 76° 45' 30" West 1421.13 feet to an intersection with the north line of the south half of the northwest quarter of said Section 32, said line being also the centerline of West Commonwealth Avenue above mentioned; thence easterly, along said center line South 89° 31' 10" East 1435.42 feet to the point of beginning.
Except that portion thereof described as follows: Beginning at the intersection of the southerly right of way line of West Commonwealth Avenue, 80.00 feet wide, with the northeasterly right of way line of the Atchison, Topeka and Santa Fe Railway 100.00 feet wide, as per map of Tract 1393 recorded in Book 42, Pages 11 and 12 of miscellaneous maps; thence along said south line, East 389.45 feet; thence perpendicular to said southerly line, South 2.00 feet; thence South 88° 22' 22" West 96.68 feet; thence South 83° 52' 19" West 125.00 feet; thence South 79° 39' 54" West 49.25 feet to said northerly right of way line of the Atchison, Topeka and Santa Fe Railway; thence North 77° 21' 00" West 122.99 feet to the point of beginning.
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 PRJ-2022-00121.
WHEREAS FMC Section 15.47.040 authorizes the Planning Commission to act on a Major Site Plan, considering compliance with development standards and design review criteria (15.47.060).
WHEREAS the Planning Commission of the City of Fullerton recommended that City Council approve PRJ2022-00121 including Major Site Plan (ZON-2022-0107), General Plan Revision (LRP-2022-0010) and Zoning Amendment (LRP-2022-0011).
WHEREAS, the environmental analysis found no potentially significant impacts associated with project construction. Further, it found less than significant impacts or no impacts for all environmental factors except Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation, and Tribal Cultural Resources. Staff has identigied mitigation measures which reduce the impacts of these issue areas to less than significant with mitigation incorporated.
WHEREAS, staff has determined that the project can reduce impacts to a less than significant level with mitigation incorporated and, therefore, finds the Mitigated Negative Declaration the appropriate environmental document for the project, in accordance with CEQA.
WHEREAS, the Planning Commission and City Council considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated January 2023 and Technical Appendices, the Final Initial Study including Comments, Responses to Comments and Errata dated March 2023, the Mitigation Monitoring and Reporting Program and the administrative record during the public review process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOW:
In all respects as set forth in the Recitals of the Resolution.
City Council, pursuant to FMC Section 15.47.040.B.2.b finds as follows:
Finding: The proposed use is permitted in the requested R-3 (Low Medium Multi-Family Residential) zoning classification.
Fact: The R-3 zone is intended to provide development standards for apartment and condominium developments when it can be physically separated from single-family type residences by a street or terrain feature. The subject site is separated from a single-family neighborhood to the north by Commonwealth Avenue. Also, the proposed residential density is 26 DU/acre, which is consistent with the proposed Medium Density Community Development Type of The Fullerton Plan. Further, the R-3 zoning classification is consistent with the Medium Density general plan land use designation.
Finding: That the project meets all applicable development standards.
Fact: The R-3 development standards are intended to facilitate medium density residential projects where apartment and condominium development can be physically separated from single-family type residences by a street or terrain feature. The proposed project complies with the intent of the R-3 zone as the project is separated from single-family dwellings to the north by a street, Commonwealth Avenue. Further, the project is in compliance with all provisions of the R-3 zone, except for common and private open space, and covered parking. However, the Density Bonus provisions of the Municipal Code grants waivers and concessions to projects that incorporate affordable housing. As the project is 100 percent affordable, the concessions and waiver are warranted that cover the open space and parking shortfalls.
Finding: That the proposed project design is pleasant in character and harmonious with the past development of Fullerton, illustrating a design compatibility with the desired developing character of the surrounding area.
Fact: The project is designed with a contemporary pseudo-industrial architectural concept that will blend with the surrounding community. The form of the building includes rectangular elements and massing that are consistent with an industrial building, while also utilizing pitched roofs and building materials that are found on the single-family residences located to the north. Architectural distinction will be accomplished through the use of a variety of building materials such as smooth painted stucco, horizontal siding, asphalt shingle roofing and metal mesh guardrails. An aluminum storefront will be provided on the first floor where the amenity space is located.
Finding: The project screens exterior trash, storage areas and service yards from view of nearby streets and adjacent structures in a manner that is compatible with building site design.
Fact: The project has been designed to include a trash enclosure that serves the complex, with the trash enclosure designed to be further screened with landscaping, meeting the standards of Section 15.56.115 of the FMC.
Finding: The project blends proposed grading with the contours of the project site Fact: The project site is relatively flat, with minimal variations in the height of the parcel. Cut and fill grading activities, if any, are anticipated such that the soil would be balanced on-site and little to no import/export of soils would be required. The project generally retains the existing topography in relation to the surrounding streets.
Finding: The traffic patterns of the proposed development will minimize impacts on surrounding properties and streets and accommodate emergency vehicles.
Fact: Primary vehicular access to the Project site would be provided via a single driveway at the east end of the parcel. No restricted driveways or gated entries are proposed. Emergency vehicles will continue to have access to Commonwealth Avenue during project construction and after completion of the project.
Fact: Due to the size of the project, and minimal traffic impacts expected from the site, no Traffic Impact Analysis was required for the project. The City Traffic Engineer performed a preliminary study in accordance with the City’s adopted Transportation Assessment Policies and Procedures (TAPP). The Assessment found no effects on transportation.
Finding: Buildings are sited to avoid crowding and to allow for a functional use of the space between buildings.
Fact: The building has been designed to minimize overcrowding and maximize common open space for the project. A tot lot/children’s area has been provided at the west side of the project, with a BBQ and open space amenity provided in the central section of the site.
Finding: Landscaping has been designed to create a pleasing appearance from both within and off the site, and to accommodate adequate sight distances for motorists and pedestrians entering and exiting the site.
Fact: Landscaping is proposed in a combination of active and passive spaces both as viewed from the adjacent streets and internal to the project. There is no landscaping proposed that would conflict with site entry/exit distance standards.
City Council does hereby approve said Major Site Plan ZON-2022-00121, subject to the following conditions of approval:
Planning Division - Conditions of Approval:
This action approves the applicant submitted plans dated December 22, 2022, and as conditioned herein. The term “approved Major Site Plan” pertains to the aforementioned plans.
The construction and operation of the project shall comply with the Standard Conditions, Engineering Conditions of Approval, and the Mitigation Monitoring and Reporting Program.
Construction plans shall be submitted to the Community and Economic Development Department for review and issuance of building permit(s). Construction plans shall comply with Fullerton Building Codes, as adopted and in effect at time of plan submittal and be prepared in substantial conformance with the approved Major Site Plan except to the extent that the plans or designs are modified by the conditions herein.
Subsequent changes to the approved Major Site Plan during construction plan review and throughout the construction process require review and pre-approval by the Director of Community and Economic Development or as required by Fullerton Municipal Code Section 15.47.040.D. Approved changes shall be reflected in building plans or plan revisions, as applicable, prior to receiving final occupancy approvals.
Prior to or concurrent with submittal of plans for building permits, the applicant shall provide a materials manual to the Planning Division, documenting the building materials and architectural details including, but not limited to, wall materials, accent materials, windows, railings, doors and exterior lighting for review and approval by the Community and Economic Development Director. The manual shall include cut sheets and/or manufacturer’s brochures for details (and samples if required). The review shall verify consistency with the approved Major Site Plan and representations made by the applicant.
Project identification signage shall be submitted under separate permit and shall be architecturally compatible with the style of the development as determined by the Director of Community and Economic Development.
Prior to issuance of building permits, a Landscape Documentation Package shall be submitted to the City for plan check review and approval in compliance with Fullerton Municipal Code Chapter 15.50. The Landscape Documentation Package includes, but is not limited to, certified landscape and irrigation design plans and water efficiency calculations. Landscaping and irrigation shall be installed in accordance with the approved landscape plans, with installation completed and a one-year maintenance bond in an amount of $500, posted as a prerequisite to the final approval of the development and/or occupancy of the units. All trees planted on-site shall be a minimum 24-inch box tree, as Determined by the Director of Community and Economic Development.
Applicant/Property Owner is responsible for ensuring that information contained in construction plans and drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility, and public improvement plans as well as other construction drawings for site development pursuant to this parcel map. This responsibility may be transferred by the Applicant/Property Owner to the Project Architect. While the City aims to correct inconsistencies, they are the ultimate responsibility of the Applicant/Property Owner/Project Architect to remedy, up to and including completing construction revisions prior to receiving final occupancy approvals.
The applicant shall submit a Parking Management Plan to the Planning division for review and approval prior to issuance of final Certificate of Occupancy. The plan shall include, but not be limited to, the assignment of parking spaces, guest parking practices, and the assignment of tandem spaces. The applicant or operator shall make each new tenant aware that parking is limited to the spaces on-site and require an acknowledgement of this be signed during lease processing.
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 the project.
Public Works Engineering – Conditions of Approval
Project Specific
An updated electronic Preliminary Title Report, no older than 3 months, with working hyperlinks to the underlying documents for both parcels (APN 030-290-22 and APN 030-29-05) shall be submitted concurrently with the first submittal of grading and/or building permits.
Prior to issuance of permits, the Applicant shall complete the appropriate documentation (lot line adjustment or parcel map) needed to establish the development parcel. Application(s) can be found on the city’s website.
The Applicant shall submit a formal application to the Orange County Flood Control District (OCFCD) for review and approval prior to building permit issuance should an impact in their facilities is identified. Additional studies/conditions may be required based on their review. Provide copy of correspondence to Public Works – Engineering Division.
The Applicant shall submit a formal encroachment application to the Burlington Northern & Santa Fe (BNSF) railroad for review and approval for any improvements proposed within their Rights of Way prior to building permit issuance. Additional studies/conditions may be required based on their review. Provide copy of correspondence to Public Works – Engineering Division.
A Covenant of Understanding shall be executed prior to issuance of permits between the City of Fullerton and the developer acknowledging that the adjacent parcel is a City Yard that operates 24/7, and that no grievance shall be filed against the City by the developer and/or its successors.
The project shall install an 8-ft tall block wall along the entire easterly side of the newly created Parcel 1 prior to issuance of Certificate of Occupancy for the project. Limits, material, style, texture, finish, etc. shall be determined during final design.
Project Frontage Improvements
The existing AC pavement along Commonwealth Avenue fronting the property is in fair condition with a PCI score of 72. At a minimum, the Applicant shall grind and overlay the existing asphalt pavement on Commonwealth Avenue prior to issuance of project Certificate of Occupancy. This includes the south side of Commonwealth Avenue between the edge of concrete pavement east of the underpass to the intersection of Basque Ave./Commonwealth Ave., and the new limits of the left-turn lane to the intersection. The thickness of AC grind and overlay shall be based on a Geotechnical Investigation prepared by a Registered Civil Engineer and as approved by the City Engineer.
Proposed project entry driveway approach shall be constructed per City Standards and to the satisfaction of the City Engineer and City Traffic Engineer.
Existing driveway approach(s) that will not be utilized by the proposed development and shall be removed and reconstructed with a standard full height curb and gutter, and concrete sidewalk per City Standards.
The sidewalk along the project’s frontage, excluding the portion of sidewalk structurally attached to the underpass wall and/or the retaining wall, shall be removed and replaced with full width sidewalk, minimum 8-foot wide, per City Standards.
Damaged curb and gutter shall be reconstructed per City Standards along the project’s frontage to the satisfaction of the City Engineer.
The median along the project’s frontage shall be improved with new landscaping including irrigation improvements and shall be maintained by the development. Landscaping and irrigation improvements in the public right-of-way shall be on separate landscaping plans and shall be submitted to Public Works Department for review and approval. An Encroachment Agreement shall be executed prior to Final Certificate of Occupancy.
Any damaged median curb and gutter along the project’s frontage shall be removed and reconstructed per City Standards to the satisfaction of the City Engineer.
Streetlights along Commonwealth Avenue directly impacted by the proposed left-turn lane shall be replaced with new streetlight(s) per City Standards and the conditions below:
All new streetlight locations shall be City-approved locations.
New streetlights shall be designed and installed in accordance with the City of Fullerton Standards (500 series) and Standard Specifications for Ornamental Street Lighting Systems with City of Fullerton-approved LED luminaires (Phillips LUMEC, Cooper Navion, GE Evolve or Leotek).
The developer shall coordinate the new electrical connection for new streetlights with SCE. New city-owned electrical metered panel(s) shall be installed by the developer in a City of Fullerton standard switch cabinet (Std. 504) at a location approved by the City and SCE.
The number of streetlights shall be determined by a Photometric Study in compliance with Illuminating Engineering Society (IES) standards, and shall be prepared by the developer and submitted to the Public Works Department for review and approval. The new streetlights shall achieve an adequate illumination level and shall not exceed the City’s maximum spacing requirements. If determined that additional streetlights are required, the developer shall install additional streetlights along the frontage of the property and/or on the north side of Commonwealth Avenue.
A separate street lighting plan shall be submitted to the Public Works Department for review and approval.
The existing streetlights along Commonwealth Avenue are on a high voltage 6.6kV series system. In addition to the streetlights directly impacted by the development, the project shall be required to ensure that the existing remaining streetlights on the circuit are fully operational to the satisfaction of the City Engineer and Southern California Edison (SCE).
Grading and Drainage
The Applicant shall address all corrections from Cannon’s review of the conceptual grading plan, preliminary hydrology report, and soils report dated January 23, 2023.
The Applicant shall address all corrections from JLHA’s review of conceptual grading plan, preliminary WQMP, and plan check dated January 23, 2023.
The proposed site improvements shall not result in the increase of storm water runoff and flow intensity to the adjacent properties. The project shall not increase runoff to public right of way above the existing storm drain infrastructure capacity. If the project does increase runoff above the storm drain capacity, then the project shall upsize the storm drain main as needed. No surface runoff will be permitted across sidewalks and driveway approaches.
The project Applicant shall prepare a final pre-construction and post-construction Hydrology and Hydraulics Study. The size and alignment of the on-site and off-site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Registered Engineer and shall be approved by the City Engineer prior to issuance of a grading permit.
Proposed on-site storm drain facilities shall be privately owned and maintained.
The project shall provide a direct connection to the existing storm drain system located along Commonwealth Avenue to discharge the on-site drainage. The developer shall video inspect the existing storm drain system along the project’s frontage to determine if it’s adequate in condition. Results of the video inspections shall be submitted to the Public Works Department for review. If determined that said storm drain facilities are damaged, in poor condition, substandard, and/or insufficient in capacity, the developer shall be required to repair and/or replace the existing facilities as needed to accommodate the development and as approved by the City Engineer or pay a fair share contribution to the Sanitation Fund based on the project’s prorated contributed use of those facilities prior to issuance of building permits.
All storm drains constructed within the public right-of-way or public easements shall be a minimum of 18 inches in diameter RCP constructed in accordance with City standards. Trenching and backfill shall be in accordance with City standards 312 and 313.
A final grading plan shall be submitted to Public Works Department for review and approval, and a grading permit shall be issued prior to issuance of building permit.
Site grading shall adhere to the approved grading plan.
As-Built Grading Plan, signed and stamped by the Engineer of Record and the Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer’s review and approval.
All retaining walls and any above-ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan.
A Final Priority Water Quality Management Plan (WQMP) shall be submitted and approved by the City Engineer prior to the issuance of a grading permit. The applicant shall submit three (3) hard copies of the Final WQMP (with the front page of each copy signed and stamped with wet ink application by a licensed California Civil Engineer), three (3) copies of the Plans (each sheet signed and stamped with wet ink application by a licensed California Civil Engineer), and one (1) copy of all original (wet ink documentation) forms and certifications.
All water quality requirements for the National Pollutant Discharge Elimination System (NPDES) Storm Water Program shall be compliant with the latest regulations and guidance documents. Permits and guidance documents include, but are not limited to, California Regional Water Quality Control Board – Santa Ana Region (Order No. R8-2009-0030, NPDES Permit No. CAS618030), Orange County Model Water Quality Management Plan (Model WQMP), and the Orange County Technical Guidance Document (TGD).
An Ownership and Maintenance Agreement for all common drainage facilities and storm water quality BMP facilities, if any, shall be executed prior to Final Certificate of Occupancy.
The project is over an acre and requires a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall be submitted to SMARTS (i.e. WDID issued) prior to approval of the Final WQMP.
Utilities
According to FMC Section 16.05.060, all proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems, shall be installed underground; all existing facilities providing direct service to the development shall be undergrounded.
Water and Sewer
The project shall minimize the number of sewer connections along Commonwealth Avenue. Number of connections to be approved by City Engineer.
Proposed sewer laterals shall be minimum 6” V.C.P. per City Std. 209A and 209B. All existing lateral connections to be utilized for the development shall be video inspected to determine their condition. Video shall be submitted to the Public Works/Maintenance for review. If determined that the existing connection(s) are in poor condition, existing sewer lateral connections to be utilized for the development shall be replaced with new lateral connections per standard plans.
The development shall grant the City of Fullerton an easement for an existing waterline for maintenance access purposes. Final location, width, and alignment of such easement shall be based on the physical location of the existing water facilities and shall be sufficient in size to accommodate maintenance operations, future construction, and as approved by the City Engineer. The alternative shall be to relocate the existing water main within the public right-of-way, if feasible.
The existing water main shall be field verified. Pothole data shall be provided to Public Works – Water Division for review prior to recordation of the proposed waterline easement.
Private improvements shall not encroach into the proposed waterline easement including but not limited to walls, fencing, and/or structures, unless otherwise approved by the City Engineer where an Encroachment Agreement shall be executed prior to Final Certificate of Occupancy.
Access to the proposed waterline easement shall be provided by the developer from Commonwealth Avenue or from onsite to the satisfaction of the City Engineer.
The Developer shall secure the proposed waterline easement to prevent public access and unauthorized vehicles to the easement area. Final limits, location, type, and material shall be determined during final design and approved by the City Engineer.
Easement area shall be graded to make it accessible for vehicles and equipment. Easement area shall be hardscaped with material approved by the City Engineer.
Existing water facilities shall be protected in place during all phases of construction. Water facilities damaged by construction activities shall be replaced by the developer at the direction of the Water System’s Manager.
The developer shall install new City water facilities to maintain water service to Parcel 2 as the first order of work. This includes the installation of a new 2” service lateral, 2” meter, and 2” reduced pressure backflow prevention assembly for Parcel 2 per City Standards. Final location of water facilities to be determined during final design as approved by the Public Works – Water Engineering Division. Upon completion, the developer shall abandon the two existing water service laterals per City Standard 646 and one reduced pressure backflow prevention assembly on Commonwealth Avenue. Recognizing that Parcel 2 is a City Yard, the City and Developer may agree to allow the City to perform the work in advance of the development to avoid any down time of City operations where the developer shall provide reimbursement for all costs associated with this work. The City shall notify the developer prior to proceeding with the work.
The proposed project shall install three new water services/meters connections to the City main:
One fire line service with the Double Check Detector Assembly (DCDA) One domestic service with Reduced Pressure (RP) backflow assembly One irrigation service with Reduced Pressure (RP) backflow assembly Meter assemblies larger than 2” shall be an above-ground assembly and installed behind property line. Fire assembly with Fire Department Connection shall be located within 50’ of a public hydrant or a new public hydrant will be required to be installed by the developer to meet Fire Department requirements.
The on-site water system and fire hydrants exclusively serving the proposed development shall be privately owned and maintained and shall be designed in accordance with California Plumbing Code and Fire Department requirements.
Prior to issuance of building permits, the developer shall submit a Water Improvement Plan prepared by a California Registered Civil Engineer. The water system shall be designed in conformance with City of Fullerton Water Utility Specifications and Fire Department requirements and shall be subject to approval by the City Engineer.
The developer shall provide water calculations to properly size the new meters. All proposed and existing hydrants must meet Fire Department minimum required flow (City of Fullerton’s Water Rates, Rules, and Regulations, Rule 15.A and 15.B).
The developer will be required to pay front footage charge for water service connections to the existing water main. Front footage fees are ½ of construction costs per lineal foot of pipe as required by currently adopted fee resolution.
Traffic
The project Applicant shall design and implement modifications to the center median on Commonwealth Avenue west of Basque Avenue to provide a new westbound left-turn lane into the project driveway. The modifications are to include but not be limited to the removal of a portion of the raised median and installation of new asphalt roadway, removal and restoration of street lighting, alterations to landscaping, roadway restriping, and traffic control signage. The design and construction of the roadway modifications shall be completed to the satisfaction of the City Engineer and City Traffic Engineer.
The project Applicant shall design and implement modifications to the street lighting facilities directly impacted by the new left-turn lane leading into the project driveway to ensure appropriate roadway lighting levels are maintained along the project’s frontage. The design and construction of the street lighting modifications shall be completed to the satisfaction of the City Engineer and City Traffic Engineer.
Landscaping and other public facilities within the center median shall be removed, adjusted, or modified as necessary to ensure that motorists in the new left-turn pocket have sufficient visibility of conflicting eastbound traffic.
The new project driveway is to be a right-in, left-in, and right-out only of sufficient width and radii to reasonably accommodate Fire Engine and Trash Truck turns into and out of the driveway. The design and construction of the new driveway shall be completed to the satisfaction of the City Engineer and City Traffic Engineer.
The project Applicant shall redesign and implement roadway striping modifications along the south side of Commonwealth Avenue to narrow and adjust the travel lanes as necessary from east of the railroad overpass to Basque Avenue to provide a sufficient wide curb lane to reasonably accommodate eastbound traffic slowing down and accessing the project driveway without impeding eastbound traffic. It is anticipated that a portion of the curb/gutter adjacent to the southside of the raised median in the vicinity of Alberta Place and westerly thereof will need to be modified or eliminated. The design and construction of the median modifications and restriping shall be completed to the satisfaction of the City Engineer and City Traffic Engineer.
Prior to Certificate of Occupancy, the Developer shall upgrade the safety lighting at the signalized intersection of Commonwealth Avenue and Basque Avenue to include four new City-approved high power LED luminaires (LEOTEK GREENCOBRA GC1-80F-MV-NW-3-GY-530-WL-PCR7). Safety lighting luminaire upgrade and installation is to be completed to the satisfaction of the City Engineer and City Traffic Engineer.
All loading and unloading of passengers, goods, materials, supplies, and resident’s private belongings are to be accommodated onsite. There is to be no temporary stopping or parking on Commonwealth Avenue for loading and unloading activities of any kind. Residents of the project are to be notified in writing that there is no loading or unloading allowed on Commonwealth Avenue upon the purchase, lease, or rental of units within the project.
Prior to Certificate of Occupancy, the Developer shall prepare and submit a Parking Management Plan (PMP) for review and concurrence by the City Traffic Engineer and the Director of Community and Economic Development. The PMP shall identify how on-site parking will be operated, managed, and monitored. The PMP shall provide a mechanism by which off-site parking impacts, specifically in surrounding neighborhoods, are assessed and addressed.
Permits, Bonds and Cash
Prior to issuance of building permits, all public improvements shall be guaranteed to be installed by the execution of an Agreement for Public Improvements secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials, in a form approved by the City Attorney.
In addition, all cash fees and deposits shall be collected by the City of Fullerton prior to the issuance of Certificate of Occupancy.
Public Works Department expenses, including project management, plan check, inspection, review, processing of all plans and submittals, will be charged against the reimbursable account created for the project. An initial $5,000 shall be deposited with the Public Works Department concurrently with the first review submittal, by the City’s consultants, of the grading plans, soils report, hydrology report, and the WQMP. Any amount remaining in the account after completion of the project will be refunded to the project. If the amount deposited is insufficient to complete the project review and inspection process, additional deposit(s) will be required as necessary to finalize the project.
General Conditions
Separate Public Improvement Plans for the listed above improvements shall be submitted to the Public Works/Engineering Department and approved prior to building permit issuance and shall be constructed prior to the issuance of the Final Certificate of Occupancy for the proposed Major Site Plan Development.
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.
All of the public improvements, studies, designs, plans, calculations, and other requirements shall be installed, provided and supplied by the developer in accordance with City and State codes, policies, and requirements at no cost to the City. All work shall comply with City standards and specifications and with the City of Fullerton Municipal Codes.
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.
The project shall utilize the City’s benchmarks. A list of the City’s benchmarks is available on the City of Fullerton website.
Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313.
Any controlling survey monumentation (property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with Section 8771(b) of the California Business and Professions Code (Professional Land Surveyors Act). Pre-construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Copies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post-construction Corner Records or Record of Survey filed with the County of Orange. A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way.
All existing and proposed public and private easements shall be shown on all plans.
Existing public and private easements shall not be affected by the proposed development. Any modification to an existing public and/or private easement shall be coordinated and approved by applicable easement owners.
All facilities crossing lot lines shall be located in private easements.
Applicant shall coordinate with local telecommunication providers to connect new services to each planned dwelling unit to install all their improvements in the public right of way prior to the rehabilitation of adjacent pavement.
The Developer shall provide and maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest publication of the State of California, Manual of Traffic Control, or as required by the Public Works Department permit requirements to ensure safe passage of pedestrian and vehicular traffic.
ADOPTED BY THE FULLERTON CITY COUNCIL ON APRIL 4 2023.
Fred Jung
Mayor
ATTEST:
_________________________
Lucinda Williams, MMC
City Clerk
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Date
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