RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, approvING A TENTATIVE PARCEL MAP TPM 2023-128 TO CREATE A MIXED-USE RESIDENTIAL AND HOTEL DEVELOPMENT WITH A SUBDIVISION OF THE PROPERTY INTO THREE PARCELS, WITH TWO LOTS (1.66 ACRES) OWNED BY THE PROJECT APPLICANT TO CREATE THE DEVELOPMENT SITE, WHILE THE THIRD LOT WILL PRESERVE THE TRAIN STATION AND TRAIN PLATFORM AND APPROVE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE 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), Tentative Parcel Map (SUB-2023-0002) and Conditional Use Permit (ZON-2023-0031) for construction of a mixed-use residential and hotel development with 116 to 124 hotel rooms, 141 dwelling units, 3,750 square feet of restaurant space and a 375 space parking structure including 165 public parking spaces (the “Project”) on property more specifically described as Orange County Assessor’s Parcel No. 033-030-18.
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 16.02.030 authorizes the Planning Commission to act on a Tentative Parcel Map and FMC 15.76.060.C establishes that the City shall process multiple applications for the same project concurrently and reviewed and approved or denied by the highest review authority designated by the Title for any of the applications.
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 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 Tentative Tract Map 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 for the Project under State CEQA Guidelines Section 15162, which provides guidelines for when CEQA requires additional environmental, because the Tentative Tract Map 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 under which the applicant will undertake the Project will 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 16.02.030 finds as follows:
Finding: Each Tentative Parcel Map filed shall be examined by the City Engineer and Director of Community and Economic Development for its correctness and compliance with City ordinances and policies.
Fact: That Tentative Parcel Map TPM 2023-128 meets the requirements of Title 16 of the Fullerton Municipal Code and the State of California Subdivision Map Act. The City Engineer has reviewed the proposed map in relation to the provisions of Title 16 of the Fullerton Municipal Code and the Subdivision Map Act and has found the map to be in conformance with these regulations.
Finding: That Tentative Parcel Map TPM 2023-128 conforms to The Fullerton Plan, as follows:
Fact: The proposed subdivision will provide for infill residential development on an underutilized parcel; introducing new housing and hotel/commercial options that are compatible in height and scale with the site and its surroundings and will be consistent with the vision of the Fullerton Transportation Center Specific Plan for promoting sustainable land uses in proximity to high quality multi-modal transportation facilities.
Fact: Facilitating the addition of dwelling units in areas with existing infrastructure is consistent with State and local housing goals that emphasize the need for increased housing production across all income levels and the City’s goals for growth aligned with infrastructure capabilities.
Fact: The proposed mixed-use project is designed to consider the immediate and surrounding contexts of the site, promoting a positive design relationship and use compatibility with the adjacent built environments and land uses, including the public realm.
4. City Council does hereby approve said Tenatative Parcel Map SUB-2023-0002 / TPM 2023-128, subject to the following conditions of approval:
Project Specific:
Approval of Tentative Parcel Map SUB-2023-0002 is contingent on the approval of Major Site Plan (ZON-2022-0111). Should City Council not approve Tentative Parcel Map SUB-2023-0002, Major Site Plan (ZON-2022-0111) and Conditional Use Permit (ZON-2023-0031) shall be similarly denied.
The construction and operation of the project shall comply with all conditions of approval from the Major Site Plan (ZON-2022-0111) within and attached to Resolution PC-2023-07, Engineering Conditions of Approval (Attachment 1), Mitigation Monitoring and Reporting Program.
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 this Resolution, save and except that caused by the City’s active negligence. _______________________________
Fred Jung
Mayor
ATTEST:
________________________________
Lucinda Williams, MMC
City Clerk
_________________________________
Date
Attachments:
Attachment 1 – Engineering Conditions of Approval
3 Resolution No. 2023-XXX