Agenda Report
Fullerton City Council
MEETING DATE: MARCH 5, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, DIRECTOR OF COMMUNITY AND
ECONOMIC DEVELOPMENT
PREPARED BY: CHRIS SCHAEFER, AICP, PLANNING MANAGER
EDGARDO CALDERA, SENIOR PLANNER
SUBJECT: APPEAL OF MAJOR SITE PLAN FOR 801 - 811 ACACIA AVENUE AND 1580 KIMBERLY AVENUE
SUMMARY
A request to consider appeal of a Major Site Plan to construct a 185,525-square-foot concrete tilt-up warehouse building including 10,000 square feet of supporting office space on property located at 801 - 811 Acacia Avenue and 1580 Kimberly Avenue.
PROPOSED MOTION
Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A MAJOR SITE PLAN TO DEMOLISH ONSITE STRUCTURES TO CONSTRUCT AN INDUSTRIAL WAREHOUSE BUILDING ON PROPERTY ZONED M-P-80ES, LOCATED AT 801 - 811 ACACIA AVENUE AND 1580 KIMBERLY AVENUE
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Direct staff to draft a resolution to deny Planning Commission approval of the Major Site Plan request Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
Based on the facts submitted, the City Manager concurs with the Planning Commission’s decision.
PRIORITY POLICY STATEMENT
Not applicable.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
Major Site Plan Review – ZON-2022-0131: Jamie McLaughlin, BTC III Fullerton CC LP submitted a Major Site Plan application in December 2022 to redevelop an 8.4-acre site with a 185,525-square-foot concrete tilt-up warehouse building including 10,000-square-feet of supporting office space and site improvements on property zoned M-P-80ES, Manufacturing Park, 80,000 minimum lot size, Emergency Shelter Overlay Zone. Staff provided the applicant with project comments and corrections on January 19, 2023. The applicant made revisions with three additional plan and supporting document resubmittals to address all staff corrections in 2023. Staff included the project plans in Attachment 4 for reference.
The proposed project meets all applicable development standards in Fullerton Municipal Code (FMC) Section 15.47.040.B and FMC 15.47.060 design criteria. The City permits use by right in the zone. The applicant designed the project to blend well with other industrial development in the immediate area, as detailed in the findings and facts contained in the draft Resolution (Attachment 2).
Planning Commission: The Planning Commission approved (4 – 0 - 1, Absent: Gambino) the Major Site Plan request with the following added conditions of approval on January 24, 2024:
The site shall be precluded from operating as a cold storage facility and having refrigerated trucks on the premise The applicant shall replace any Crape Myrtle trees on the proposed landscape plan with fruitless ornamental Olive Trees.
Appeal: The Appellant, Ernie Kelsey of Fullerton Heritage, filed an appeal to City Council pursuant to FMC Section 15.70.060. The appeal states concerns about the adequacy of the Historical Resources section in the project environmental report (Attachment 4).
The following summarizes the main appeal points and provides City responses:
Comment: The project environmental report provided by First Carbon Solutions (FCS) is inaccurate and omits key information related to the historical merit of the building at 801 Acacia Avenue.
Staff Response: FCS conducted a thorough historical assessment of the property in preparing the Cultural Resources report. FCS did not find the information Fullerton Heritage provided about the building but the cultural resources team reviewed it prior to the public hearing. FCS concluded that, despite the architects notoriety, the building is no longer eligible for the California Register or National Register, given the history of modifications to the building and the recommendations in the report still stand.
Comment: The Planning Commission did not have all the facts about the building located at 801 South Acacia Avenue.
Staff Response: The Planning Commission received information provided by Fullerton Heritage about the subject property and building at the dais. Additionally, Fullerton Heritage clearly stated their concerns to the Planning Commission during the public hearing. A representative from the environmental consultant cultural resources team addressed Planning Commission questions and concerns.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Draft Resolution No. 2024-XXX
Attachment 3 – Appeal Letter
Attachment 4 – Planning Commission Staff Report January 24, 2024 Attachment 5 – Draft Planning Commission Minutes January 24, 2024 cc: City Manager Eric J. Levitt
801 - 811 Acacia Avenue and 1580 Kimberly Avenue Major Site Plan Appeal March 5, 2024 - Page PAGE \* MERGEFORMAT 2