RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN TO ALLOW REDEVELOPMENT OF 1.66 ACRES (2 LOTS, ASSESSOR PARCEL NUMBER 033-030-18) WITH A NEW MIXED-USE, SIX-STORY, 206,000 SQUARE-FOOT BUILDING AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE CEQA GUIDELINES SECTION 15162 PRJ2023-00005 – ZON-2022-0111, ZON-2023-0031, AND SUB-2023-0002 APPLICANT: TA Westpark fullerton, llc
PROPERTY OWNER: ta westpark fullerton, llc
WHEREAS, the Applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan (ZON-2022-0111), Conditional Use Permit (ZON-2023-0031) and Tentative Parcel Map (SUB-2023-0002) for redevelopment of 1.66 acres (two lots) with a new six story, 85 feet in height mixed-use building (the “Project”).
WHEREAS, the overall size of the building totals 206,000 square feet and would include a 116 to 124-room hotel with a 1,600 square-foot lobby, a 3,750 square-foot restaurant, 141 residential units and a combination parking structure with 379 parking spaces (165 public, 90 hotel and 124 residential).
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-2023-00005.
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 PRJ2023-00005 including Major Site Plan (ZON-2022-01111), Conditional Use Permit (ZON-2023-0031) and Tentative Parcel Map (SUB-2023-0002).
WHEREAS, the City of Fullerton, as Lead Agency, prepared an Initial Study / Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Project pursuant to the California Environmental Quality Act (“CEQA”), and City Council adopted the MND and MMRP at a regular City Council meeting held on December 20, 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.
The City has analyzed the environmental impacts of the Project in an MND pursuant to CEQA. The MND determined that the Project would not result in any significant impacts to the environment with implementation of the mitigation measures included in the MMRP. City Council adopted the MND and the MMRP on December 20, 2022. The Major Site Plan provides subsequent discretionary approval for, and part of, the Project for which the City has already adopted the MND and MMRP. The project requires no subsequent MND under State CEQA Guidelines Section 15162, which provides guidelines for when CEQA requires additional environmental review, because the Major Site Plan does not propose any substantial changes to the Project that will require major revisions to the previously adopted MND as a result of new significant environmental effects, the Project has no substantial changes with respect to the circumstances which the Project will undertake and no new information of substantial importance that shows that the Project will have new significant impacts on the environment.
3. City Council, pursuant to FMC Section 15.47.040.B.2.b, finds as follows:
Finding: That the proposed project and uses are conditionally permitted in the Fullerton Transportation Center Specific Plan (FTC) zoning classification.
Fact: The FTC Specific Plan envisions a sustainable transit-oriented neighborhood near the Santa Fe Train Depot and to focus growth and development around the train depot to link land use and transit by promoting opportunities to commute to a variety of major employment and leisure destinations throughout Southern California. By promoting living, working, and commerce in proximity to multi-modal transit options, this type of development will lead to a reduction of automobile dependency and promote sustainability through reduction of greenhouse gas emissions and traffic congestion. The proposed hotel, residential apartments, restaurant, outdoor dining, and public parking are all uses that are expressly contemplated for the FTC Specific Plan area and are permitted either by-right or with approval of a conditional use permit.
Finding: That the project meets all applicable development standards.
Fact: The FTC Specific Plan development standards are established to ensure development is consistent with the Specific Plan goals and objectives and to ensure new structures are compatible with existing development in terms of size, height, setbacks, building placement, parking, open space, and landscaping and lighting criteria. The proposed redevelopment has been reviewed against the appropriate standards as outlined in the Specific Plan and it has been determined that the project complies with the provisions for development.
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 incorporates architectural elements to both be of exemplary contemporary design and to also include elements indicative of Fullerton’s historical buildings and heritage. Specifically, the site plan has been designed to be compatible with its site, overall surrounding context and neighboring use, specifically the train station. Further, the orientation of the building, the colors and materials are complementary to the community and provide a cohesive design compatible with the surrounding area.
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 proposed refuse and recycling areas will be contained within the parking structure and will be screened from public view and will be compatible with the surrounding area.
Finding: The project blends proposed grading with the contours of the project site.
Fact: The existing site is relatively flat with no drastic changes in elevation. All grading will be sensitive to the surrounding environment and the project site.
Finding: The traffic patterns of the proposed development will minimize impacts on surrounding properties and streets and accommodate emergency vehicles.
Fact: Primary vehicular and emergency vehicle access to the Project Site would be provided via Santa Fe Avenue. A new traffic signal will be provided at Santa Fe Avenue and Lemon Street which will improve traffic circulation and congestion concerns. Further, pedestrian and bike access will be improved throughout the area through improved sidewalks, crosswalks, and bike route markings. Also, the site is fully accessible to both the public and reciprocal access would be maintained as part of the Project.
Finding: Buildings are sited to avoid crowding and to allow for functional use of the space between buildings.
Fact: The proposed mixed-use building has been designed in compliance with the regulating code of the FTC Specific Plan. Also, the building has been setback from the historic train platform to meet building and fire code regulations, provide spacing 20 feet of spacing between the platform and hotel use for greater light, air, and functional use of both properties. Moreover, this design will allow for functional use of outdoor space.
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 surrounding streets. Landscaping is included throughout the site both in private and public areas. There is no landscaping proposed will not conflict with any site entries or exits.
4. City Council does hereby approve said Major Site Plan ZON-2022-0111, subject to the following conditions of approval:
Project Specific:
The property owner shall agree to a Parking Agreement with the City of Fullerton to ensure that the required public parking remains available and does not use for residential or hotel parking located within the mixed-use building.
Prior to Certificate of Occupancy the applicant shall prepare and obtain approval of a Parking Management Plan that incorporates measures for the effective and efficient use or the parking structure, including but not limited to, Transportation Demand Management (TDM) measures such shared parking, transit incentives, education measures, a TDM coordinator and other parking technologies from the Community and Economic Development Director.
The applicant shall formally submit final plans for all wayfinding signage, building signage, landscaping and lighting, reviewed and approved by the Community and Economic Development Director, prior to issuance of Building Permits . This shall also include the final design of the access way to the Train Museum on the southside of the Hotel Lobby.
Transportation and Area Signage: The applicant shall install wayfinding signage providing directions to clearly identify transportation facilities such as transit stations, bus stops, bicycle parking, carpool spaces, landmark and attractions prior to Certificate of Occupancy. The applicant will provide Lighting and wayfinding signage to provide pedestrians clear routes of travel between the Train Depot, the Transit Plaza, the OCTA Bus Depot and adjacent streets and directing drivers to public parking which shall include electronic reader board signs or similar approved by PW noting the number of available spaces in parking facilities.
The final design of the finished first floor shall comply with the Orange County flood protection requirements or require alternative documentation to demonstrate alternative means to receive approval prior to issuance of Building Permits.
The applicant shall provide written approval from the Orange County Transportation Authority indicating support for bus stop locations and bus circulation prior to issuance of Building Permits.
Plans relating to the improvements Train Station including but not limited to the bus stop, bus stop turn-outs, circulation, sidewalk improvements, cross walk improvements and parking lot shall demonstrate substantial conformance with the plans dated April 3, 2023, as approved by the Planning Commission, prior to issuance of Building Permits. The Public Works Director shall review all plans for final design prior to issuance of Building Permits.
The City shall review and approve an Affordable Housing Agreement and then recorded ensuring maintenance of the units dedicated for very low-income household for a period of not less than 55 years prior to issuance of Certificate of Occupancy.
Improvements to Santa Fe Avenue. Developer shall make improvements to Santa Fe Avenue as specified in the Public Works-Engineering Conditions of Approval. The City and project applicant agree to enter into an improvement and reimbursement agreement (the "Reimbursement Agreement") whereby City will agree to establish a program with the potential that Developer could receive reimbursement for up to 100% of Developer's actual, reasonable and documented costs for improvements made for upsizing of the sewer line and traffic signal at Lemon Street and Santa Fe Avenue.
The Reimbursement Agreement shall apply for ten years from the completion and acceptance of Improvements by the City. Developer acknowledges that it may never receive full reimbursement, if any.
The Reimbursement Agreement shall require the City to condition each discretionary action or applicable building permit application for the real property which abuts the Improvements to make a roughly proportionate payment to repay Developer's costs for the Improvements, provided that in no event shall the City be required to impose any payment requirement if doing so would constitute a "taking" or exceed any amount authorized by applicable law, including, but not limited to, the Mitigation Fee Act (Government Code Section 66000 et seq.) or violate the takings clause of the United States or California Constitutions. See Nollan v. California Coastal Comm 'n, 483 U.S. 825 (1987); Dolan v. City of Tigard, 512 U.S. 374 (1994). City establishment of the repayment amount based upon either the lineal frontage of the real property or a methodology based on vehicle trips caused by the new development would satisfy this requirement for a "roughly proportionate payment".
The parties will work cooperatively on the form and content of the Reimbursement Agreement and execute prior to completion and acceptance of improvements by the City.
Building Division:
10. The City requires the applicant to fill out the alternate material request form (i.e., “REQUEST FOR MODIFICATION AND/OR ALTERNATE MEANS AND METHODS TO BUILDING ORDINANCES” form, link follows) for the 20 feet No Build easement. REQUEST FOR MODIFICATION OF BUILDING ORDINANCES (cityoffullerton.com) A virtual property line (i.e., an imaginary line, CBC Section 705.3) is located between the 20 feet setback between the building and the existing / proposed patio structures on the existing platform. Applicant shall provide a Code analysis to demonstrate compliance to the following 2022 CBC TABLES based on the Type of Constructions and Fire Separation Distances. Refer to the following Fire Separation Distance (FSD) definition, as discussed previously, ten feet FSD to the existing proposed structure, ten feet FSD to the proposed building.
General Conditions:
This action approves the applicant submitted plans dated April 3, 2023 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 as written in this Resolution and the Engineering Conditions of Approval (Attachment 1) and the Mitigation Monitoring and Reporting Program (Attachment 2), attached to this Resolution.
Applicant shall submit construction plans 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 prepared in substantial conformance with the approved Major Site Plan except to the extent that conditions herein modify the plans or designs.
Subsequent changes to the approved Major Site Plan during construction plan review and throughout the construction process require Director of Community and Economic Development review and pre-approval or as required by Fullerton Municipal Code Section 15.47.040.D. Building plans or plan revisions, as applicable, shall reflect approved changes prior to receiving final occupancy approvals.
The applicant shall provide a materials manual to the Planning Division prior to or concurrent with submittal of plans for building permits, 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.
The project shall submit the following items to the City of Fullerton prior to issuance of Building Permits:
Final LEED Checklist: A Final LEED Checklist that documents how the project will meet the LEED Equivalency Standard.
Signed Declaration: A signed declaration from the applicant project architect and LEED Accredited Professional declaring they have prepared the plans and plan details in accordance with the submitted LEED Checklist. Stamped and signed plans that include the LEED Checklist and the Signed Declaration on the front page of the plan set.
The City of Fullerton Building Official shall review and approve all of the above items prior to issuance of building permits.
Applicant shall submit project identification signage under separate permit and shall be architecturally compatible with the style of the development as determined by the Director of Community and Economic Development.
The applicant shall submit a Landscape Documentation Package to the City for plan check review and approval in compliance with Fullerton Municipal Code Chapter 15.50 prior to issuance of building permits. The Landscape Documentation Package includes, but is not limited to, certified landscape and irrigation design plans including water efficiency calculations. Applicant shall install landscaping and irrigation in accordance with the approved landscape plans, with installation completed and a one-year maintenance deposit posted in the amount equal to 50 percent of the combined cost of the landscape materials and irrigation system, or as otherwise agreed by the Director of Community and Economic Development, but not less than $500, as a prerequisite to the final approval of the use or development of the property.
Applicant / Property Owner will ensure 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. The Applicant / Property Owner may transfer this responsibility to the Project Architect. While the City aims to correct inconsistencies, the Applicant / Property Owner / Project Architect has ultimate responsibility to remedy, up to and including completing construction revisions prior to receiving final occupancy approvals.
The project shall comply with all applicable City regulations related to regulation of nuisance conditions such as noise, dust, fumes, odors and hazards.
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 brought against the City arising out of its approval of the Project. More specifically, the applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers and instrumentalities thereof (collectively, the “Indemnified Parties”) harmless from any and all claims, demands, lawsuits, writs of mandamus and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature) and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations and other such procedures), judgments, orders and decisions (collectively “Actions”), brought against the Indemnified Parties that challenge, attack or seek to modify, set aside, void or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies and instrumentalities thereof for or concerning the Project or the approval of this resolution, whether such Actions are brought under the Ralph M. Brown Act, CEQA, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5 or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation or any decision of a court of competent jurisdiction. Applicant’s obligation under this condition of approval shall extend to indemnifying and holding harmless the Indemnified Parties against any damages, fees or costs awarded in connection with any Action challenging the Project. The City and the applicant expressly agree that the City shall have the right to choose the legal counsel providing the City’s defense, and that the applicant shall reimburse, on a monthly basis, the City for any costs, fees and expenses incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought, and the applicant shall cooperate with the City in the defense of the Action. This applicant obligation to fully indemnify the City shall survive the suspension, revocation, expiration or termination of any permit, entitlement or approval issued by the City for or relating to the Project. ______________________
Fred Jung
Mayor
ATTEST:
________________________________
Lucinda Williams, MMC
City Clerk
________________________________
Date
Attachments:
Attachment 1 – Engineering Conditions of Approval
Attachment 2 – Mitigation Measures and Reporting Program 4 Resolution No. 2023-XXX