ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CHANGE OF ZONE CLASSIFICATION FROM “R-1-7.2” TO “R-1-7.2P” ON PROPERTIES LOCATED IN THE UPPER GOLDEN HILL NEIGHBORHOOD, GENERALLY DESCRIBED AS PROPERTIES BOUNDED BY WEST VALLEY VIEW DRIVE, WOODS AND RICHMAN AVENUES AND INCLUDING PROPERTIES ON GRANDVIEW AVENUE, FERN DRIVE AND LOIS LANE, AS PER EXHIBIT A LRP-2024-0005
APPLICANT: property owners supporting request and fullerton Heritage PROPERTY OWNER: VARIOUS
WHEREAS, the City of Fullerton Community and Economic Development Department received applications for a zoning amendment on properties more specifically described as: Orange County Assessor's Parcel Nos. 032-011-01 through -18, 032-012-01 through -18, 032-021-01 through -04, 032-021-06 through -10, 032-021-13 through -15, 032-021-18 through -21, 032-022-02 through -07, 032-022-09 and -10, 032-022-12 through -15, and -18 and -20, 032-022-22 through -27, 032-022-30 and -31, 032-023-02, 032-023-05 through -13, 032-023-16 through -23, 032-030-01, 032-030-14, 032-031-31, 032-031-39 and -40, 032-040-04 through -06.
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 LRP-2024-0005 on August 14, 2024.
WHEREAS Fullerton Municipal Code Section 15.72.050 states the Planning Commission must review a zoning amendment request for a given property determine if the proposed amendment has consistency with zoning ordinance objectives and the General Plan. The Planning Commission recommends City Council approval if consistent.
WHEREAS the Planning Commission of the City of Fullerton recommended City Council approve LRP-2024-0005.
WHEREAS, the City of Fullerton, as Lead Agency, determined the request is categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15308 Guidelines.
WHEREAS, the Planning Commission and City Council find the project categorically exempt from CEQA review pursuant to CEQA Guidelines Section 15308.
NOW, THEREFORE, the City Council of the City of Fullerton, ordains as follows:
In all respects as set forth in the Recitals of the Ordinance.
City Council, pursuant to FMC Section 15.72.050.B finds as follows:
Finding: That the amendment is consistent with the objectives of the Zoning Ordinance and the General Plan.
Fact: The proposed Zoning Amendment is consistent with the City’s Zoning Ordinance which provides a process by which residential neighborhoods may request a preservation designation (FMC §§15.48.055 and 15.72). In addition, FMC Section 15.17.060 provides site development standards and review for Residential Preservation Zone classifications. The City of Fullerton has previously approved Zoning Amendments to create eleven Preservation Zones in the City and has identified 17 Potential Landmark Districts.
Fact: The proposed Zoning Amendment supports several Fullerton Plan Goals and Policies, including Goal 1, which supports resilient and vital neighborhoods and districts, Goal 2, which supports a positive identity and distinctive image, Goal 3, which supports a supply of safe housing ranging in cost and type to meet the needs of all segments of the community, and Goal 4, which supports valued and preserved historic resources.
Finding: That the amendment assures the maintenance, restoration, enhancement, and/or protection of the City’s historic and cultural resources.
Fact: The proposed Zoning Amendment to add the preservation zone overlay to the existing zoning in the Upper Golden Hill Neighborhood, one of the City’s earlier developed tracts, will protect the City’s stated value of historic preservation and serve to provide a method of review for improvements to residential properties within its boundaries subject to FMC Section 15.17.060 and the Design Guidelines for Residential Preservation Zones.
Finding: That the amendment will be compatible with other uses and zones in the area and not be detrimental to the health, safety and welfare of the surrounding neighborhood.
Fact: The proposed Zoning Amendment would apply to properties within the boundaries herein and would not change the underlying land use classification or Fullerton Plan designation for these properties, nor is construction or future development proposed. Therefore, the Upper Golden Hill Neighborhood would remain compatible with the other uses and zones in the area and there would be no detrimental effect on the health, safety and welfare or surrounding neighborhoods.
City Councils approves Zoning Amendment LRP-2024-0005, subject to the following conditions of approval: 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 Ordinance, save and except that caused by the City’s active negligence.
ADOPTED BY THE FULLERTON CITY COUNCIL ON OCTOBER 15, 2024. ___________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date
Attachment:
Exhibit A – Existing Zoning and Proposed Zoning
Ordinance No. XXXX