RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AUTHORIZING ESTABLISHMENT OF A HOTEL WITH A 3,750 SQUARE-FOOT RESTAURANT LOCATED AT THE SOUTHEAST CORNER OF POMONA AVENUE AND SANTA FE AVENUE - APN 033-030-18 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 the redevelopment of 1.6 acres (two lots) with a new proposed six-story mixed-use building 85 feet in height.
WHEREAS, the overall size of the building totals 206,000 square feet and would include a 116 to124-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 held a duly noticed public hearing for PRJ-2023-00005.
WHEREAS, FMC Section 15.70 authorizes the Planning Commission to act on a Conditional Use Permit, considering compliance required findings (15.70.040).
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 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 the implementation of the mitigation measures included in the MMRP. City Council adopted the MND and the MMRP on December 20, 2022. The Conditional Use Permit provides a 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 Conditional Use Permit 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, generated no substantial changes with respect to the circumstances under which the applicant with undertake the Project and no new information of substantial importance shows that the Project will have new significant impacts on the environment.
City Council, pursuant to FMC 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: The Fullerton Transportation Center (FTC) Specific Plan provides a regulating code and standards for the Specific Plan area that includes mixed residential and commercial uses, including hotel uses. The project proposes a new 116-124 room hotel with a 3,750 square foot restaurant as part of the new development. All of these uses are permitted in the FTC Specific Plan area with hotels being subject to approval of a Condition Use Permit.
Finding: That the project is consistent with the goals and policies of the General Plan if the City or any specific plan applicable to the area of the proposed use:
Fact: The FTC Specific Plan is consistent with the Fullerton Plan in that the FTC Specific Plan was adopted along with a General Plan amendment to create this Specific Plan area and therefore the regulating code of the Specific Plan is entirely consistent with vision, goals, and objectives of the Specific Plan in that the plan envisions an area of sustainable development with a mix of uses that are located in close proximity to the Fullerton Transportation Center in order to encourage land uses near multi-modal transportation options. Further, the Specific Plan explicitly planned for a hotel of at least 120 rooms and the regulating code of the Specific Plan sets forth permitted land uses within the plan area. For hotel uses, a Conditional Use Permit is required consistent according to the provisions of the Fullerton Municipal Code Section Chapter 15.70. In addition to the redevelopment of the project area, incorporating uses that are compatible with surrounding uses such as other commercial uses and restaurants reinforces the character and sense of place of the established surrounding neighborhood and districts.
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 hotel use is expressly planned for in the FTC Specific Plan and a hotel with a restaurant use will be appropriately conditioned to further protect the public health, safety, and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of the project site.
Finding: That the proposed project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47 of the Fullerton Municipal Code.
Fact: The proposed project has undergone a rigorous site plan review where design criteria has been discussed to ensure elements of the renovation and the new building demonstrate substantial compliance with the Design Criteria outlined in Section 15.47.060.
City Council does hereby approve said Conditional Use Permit ZON-2023-0031, subject to the following conditions of approval:
Project Specific:
1. Alcohol service is not permitted within any area of the hotel or restaurant until such time as the applicant files formal Conditional Use Permit applications with the City of Fullerton and reviewed and approved by the Planning Commission and the applicant obtains all requisite alcohol licenses from State of California Alcohol Beverage Control (ABC).
2. 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 prior to the Certificate of Occupancy for the hotel.
3. Hotel uses are subject to compliance with Fullerton Municipal Code Chapter 4.92 (Transient Occupancy Tax) and shall demonstrate compliance with this Chapter accordingly.
The hotel operator shall not authorize parking for either short- or long-term parking in any of the public parking spaces associated with the development. The Parking Management Plan shall expressly state this requirement per Condition of Approval #2 of this Resolution.
Operational Conditions:
The restaurants shall open and offer a full dining menu during normal dinner hours a minimum of five days per week. The restaurants shall make food available to patrons at all times the business is open, except the last hour before closing. The City strongly encourages, but does not require, restaurants with entertainment to open during regular lunch hours.
Any business providing Entertainment at any time, shall provide a written Security / Operational Plan in a form and manner prescribed by the Police Department prior to issuance of building permits. The contents of the plan shall include, but are not limited to:
The number of locations of any security personnel.
The use and location of video surveillance for the interior and exterior of the establishment as applicable.
Lighting plans for the interior and/or exterior. All indoor and outdoor areas shall have adequate lighting to make easily discernable all activities for security and safety purposes. Outdoor lighting shall minimize light trespass on to streets and adjoining properties and shall include shielding and fixture placement to restrict unintended light glare.
Description of security protocols and practices to address incidents within the establishment, exterior patios and queuing areas.
A written description of how the establishment will provide visibility into the premises for security and police personnel, when applicable.
The Police Department may alter the number of security personnel required at any time, with reasonable written notice, based upon deserved conditions at the establishment. Modifications to a Security Plan may include specific days, times or occasions necessitating additional security, such as temporary uses, special events or holidays.
Outdoor music. The City permits ambient music, as defined in the FMC, if played through house speakers at a volume that does not impede normal conversation, within the outdoor dining or patio areas until 2:00 a.m. The City considers any music played outdoors at a volume louder than Ambient Music, whether live or prerecorded, Entertainment (Outdoor).
Noise. Noise generated from the establishment shall not exceed the levels specific in FMC Chapter 15.90.
Graffiti. The applicant shall maintain the exterior of the business, including signs and accessory structures, free of graffiti at all times. The applicant shall remove graffiti within twenty-four hours.
Trash / debris removal. The business owner or operator shall provide for daily / nightly removal of trash, litter and debris within all public and private areas of the hotel and outside dining areas.
General Conditions:
The applicant shall conduct the approved use at all times with due regard for the character of the surrounding district and the Community and Economic Development Department reserves the right to impose additional corrective conditions, if it determines such conditions proven necessary for the protection the neighborhood and adjacent properties.
The applicant shall construct the barrier separating the outdoor area from any abutting sidewalk or public right-of-way of such height, design and materials that will preclude passersby from interacting with or obtaining any beverage of food from the restaurant tables and/or patrons.
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 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’s 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.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JUNE 20, 2023.
Fred Jung
Mayor
ATTEST:
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Lucinda Williams, MMC
City Clerk
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Date
2 Resolution No. 2023-XXX