ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO CHANGE THE ZONING CLASSIFICATION FROM MANUFACTURING GENERAL (m-G) TO LIMITED DENSITY MULTIPLE FAMILY RESIDENTIAL (R-3) ON A 2.50-ACRE PARCEL OF LAND 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 (ZON-2022-0107), General Plan Revision (LRP-2022-0010) and Zoning Amendment (LRP-2022-0011) for the 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 held a duly noticed public hearing for PRJ-2022-00121.
WHEREAS, FMC Section 15.72.050 states that the Planning Commission must review a request to amend the zoning for a given property to determine if the proposed amendment is consistent with the objectives of the zoning ordinance and the General Plan and, if consistent, the Planning Commission makes a recommendation of approval to City Council.
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 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 (Title 14, California Code of Regulations, 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 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.
WHEREAS, the environmental analysis found that there No Potentially Significant Impacts associated with project construction. Further, it found Less than Significant Impacts or No Impacts for all of the environmental factors except Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Transportation and Tribal Cultural Resources. The applicant has identified mitigation measures which reduce the impacts of these issue areas to Less than Significant with Mitigation Incorporated.
WHEREAS, consistent with CEQA, staff has determined that the project impacts can reduce to a level of Less Than Significant with Mitigation incorporated, therefore the Mitigated Negative Declaration is the appropriate environmental document for the project.
THE CITY COUNCIL OF THE CITY OF FULLERTON DOES ORDAIN AS FOLLOWS:
In all respects as set forth in the Recitals of the Ordinance.
City Council, pursuant to FMC Section 15.72.050.B finds as follows:
Finding: That the amendment is consistent with the objectives of the Zoning Ordinance and the General Plan.
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.
Fact: The project utilizes the R-3 zoning to create an infill residential development on a 2.50-acre, underutilized parcel of land.
Fact: Given the sites proximity to other residential uses, its location on a primary arterial street, and its access to mass transportation options such as trains and bus lines, the rezone is appropriate for this site.
Fact: The structure will be constructed in a 2- and 3- story configuration that is consistent and compatible with the height of structures the immediate area. The taller elements will be situated at the south side of the parcel, furthest away from the single-family residences to the north.
Fact: Facilitating the addition of housing units is consistent with State and local housing goals that emphasize the need for increased housing production across all income levels.
Fact: The proposed project is consistent with the general plan purpose “to establish and protect opportunities for households that desire urban living within a compact and walkable neighborhood.” City Council does hereby approve said Zoning Amendment LRP-2022-0011, subject to the following conditions of approval:
Approval of this application is contingent on the approval of Major Site Plan (ZON-2022-0107) and General Plan Revision (LRP-2022-0010). If any of the foregoing are denied, this application shall be similarly denied. The effects of this ordinance shall occur on the earliest day upon which all of the foregoing and this ordinance can legally go into effect.
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 Ordinance, save and except that caused by the City’s active negligence.
Adopted by the Fullerton City Council on April 4, 2023.
Fred Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Ord. No. XXXXPage 2Ord. No. XXXXPage 2
Ord. No. XXXX
Ord. No. XXXX