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100323 CED Zoning Code Updates Draft Ordinance Schools

City Council - Successor Agency - Housing Authority
October 3, 2023

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100323 CED Zoning Code Updates Draft Ordinance Schools
Meeting
October 3, 2023
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City Council - Successor Agency - Housing Authority
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3
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Text extracted from the city's file for reading and search. Open the original on fullerton.legistar1.com. That file is the official record.

ORDINANCE NO. XXXX
An ordinance OF THE city council of the City of fullerton, california, amendING SPECIFIED SECTIONS OF FULLERTON MUNICIPAL CODE title 15 (CHAPTER 15.04 AND RELATED CHAPTERS OR SECTIONS, IF APPLICABLE) PERTAINING TO PRIVATE AND PUBLIC SCHOOLS LRP-2021-0012

CITY OF FULLERTON
WHEREAS, SCHOOL, PRIVATE means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is not under the administration or regulation of a State agency.

WHEREAS, SCHOOL, PUBLIC means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is under the administration or regulation of a State agency.

WHEREAS, The Planning Commission approved a Resolution of Intention on July 21, 2021 directing staff to consider amendments to Fullerton Municipal Code Title 15 pursuant to Chapter 15.72.020.C.

WHEREAS, the recommended zoning ordinance amendment will expand and clarify the definition pertaining to private and public schools under Fullerton Municipal Code Chapter 15.04.040, expanding the definition to include educational institutions not explicitly defined as a land use for which the City requires a Conditional Use Permit (CUP).

WHEREAS, the proposed amendments are Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON ORDAINS AS FOLLOWS;

1. In all respects as set forth in the Recitals of the Ordinance.

2. The Planning Commission finds as follows:

Finding: That the proposed Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance and General Plan.

Fact: The amendment is authorized by FMC Chapter 15.72. The Planning Commission adopted a Resolution of Intention on July 21, 2021, to amend the Municipal Code pertaining to the definition of schools.

Fact: The amendment supports the following Fullerton Plan policy:

Policy 14.1: Coordination – Support programs to coordinate with state, county and regional agencies to improve public health and well-being through a range of efforts with regional, subregional and local agencies including schools, local medical facilities, senior centers and adjacent jurisdictions.

Fact: The amendment supports the following Fullerton Plan policy:

Policy 17.3 Vitality of Educational Resources – Support policies, projects, programs and regulations that contribute to the long-term vitality of higher educational institutions, high schools and elementary schools and the Fullerton Library system.

Fact: The amendment supports the following Fullerton Plan policy:

Policy 17.5 Access to Life-Long Learning Opportunities – Support policies, projects and programs that ensure residents of all ages, backgrounds and abilities have access to facilities and programs, such as libraries and community education programs, that provide learning experiences for people at every stage in life.

Fact: The amendment supports the following Fullerton Plan policy:

Policy 17.7 Education Support Programs – Support policies and programs that continue the provision of recreational and library programs that support successful school experiences, such as programs for school readiness, tutoring, literacy, English language and computer skills.

Fact: The amendment supports the following Fullerton Plan policy:

Policy 17.16 Project Impact Mitigation – Support programs that foster coordination between the City and local school districts, colleges and universities to assess and mitigate project impacts pertaining to on- and off -campus development.

Finding: That the proposed Zoning Ordinance promotes an exceptional variety and quality of educational opportunities that reach community members throughout their lives.

Fact: The proposed amendment would expand and clarify the definition pertaining to private and public schools under Fullerton Municipal Code Chapter 15.04.040, the purpose of which is to be inclusive of educational institutions that are not explicitly defined as a land use for which a Conditional Use Permit (CUP) is required.

3. The Planning Commission of the City of Fullerton recommends approval of modifications to Fullerton Municipal Code Chapter 15.04 as follows:
[New text in Bold, removed text in strikethrough]
SCHOOL, PRIVATE means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is not under the administration or regulation of a State agency. School, Private also includes educational institutions that include, without limitation, adult level, business, vocational and trade schools; boarding schools; colleges and universities; private preschools, elementary schools, middle or junior high schools and high schools; military academies; professional schools (law, medicine, etc.), seminaries/religious ministry training facilities.

SCHOOL, PUBLIC means any building or facility the use of which meets state requirements for primary, secondary or higher education and which is under the administration or regulation of a State agency.

ADOPTED BY THE FULLERTON CITY COUNCIL ON OCTOBER XX, 2023. ________________________________Fred Jung, Mayor
Ord. No. XXXX

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