RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATING TO A HOUSING INCENTIVE OVERLAY PROGRAM LRP-2024-0009
APPLICANT: CITY OF FULLERTON
WHEREAS the City of Fullerton, as Lead Agency, initiated an update to the City's Housing Element (Appendix H of the Fullerton Plan i.e., General Plan) in conformance with requirements of the State of California for cities to adopt and maintain a Housing Element that identifies the City’s housing conditions and needs, establishes goals, objectives, and policies to guide future housing decisions, and provides an array of programs to meet citywide housing priorities, including: addressing the housing shortage, affirmatively furthering fair housing, preventing displacement and promoting sustainability and resilience. This update corresponds to 6th Cycle of the Regional Housing Needs Assessment (2021 – 2029); and WHEREAS during the Update process, the City sought to secure broad community input through extensive community outreach that included community meetings, surveys, outreach at various events, social media posts, email blasts, a dedicated City webpage, and newspaper advertising. Input received during the four-year process has resulted in the preparation of the Housing Incentive Overlay Zone (“HIOZ”) Program to satisfy the City’s Housing Needs (the “Project”); and WHEREAS the HIOZ Program includes approval of both a General Plan Amendment to seek consistency with the proposed HIOZ for parcels designated with the HIOZ land use, as well as adoption of the HIOZ with processes and development standards; and WHEREAS the City determined that a Program Environmental Impact Report (hereafter "EIR") was required in order to analyze significant impacts associated with the Project; and WHEREAS the Project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA). As such, a Program EIR and a Mitigation Monitoring and Reporting Program was prepared for this Project in compliance with CEQA; and WHEREAS on September 25, 2024 the Planning Commission held a duly noticed public hearing on the 6th Cycle Housing Element, the Project, and also considered the EIR for the Project at this time; and WHEREAS after considering all evidence presented, both written and oral, the Planning Commission adopted Resolution No. PC-2024-28 recommending that the City Council certify the EIR and adopt a statement of overriding considerations for Alternative 2 (Reduced Sites Alternative) and make CEQA findings for the Housing Incentive Overlay Zone Program and adopt a mitigation monitoring and reporting program; and WHEREAS on November 19, 2024, the City Council held a duly noticed public hearing on the approval of the 6th Cycle Housing Element, the Project, and also considered the EIR for the Project, at which time it considered all evidence presented, both written and oral; and WHEREAS after the close of the public hearing the City Council directed staff to revise the Inventory Sites list in the Housing Element to address concerns, only adopt the HIOZ for Inventory Sites, and examine the possibility of adding additional regulations to be included in the HIOZ Ordinance; and WHEREAS the City Council further considered this matter on December 3, 2024, and after further discussion and recognition of the fact that there is flexibility to revise sites at a later time with HCD approval, determined to leave the Inventory Sites as set forth in the draft presented to the City Council on November 19, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CEQA Procedures. The City Council of the City of Fullerton does hereby find as follows:
The City of Fullerton is the Lead Agency on the Project.
The City entered into a consultant agreement with Dudek to prepare an EIR for the HIOZ Project.
In accordance with Sections 15063 and 15082 of the CEQA Guidelines, the City prepared a Notice of Preparation ("NOP") of an Environmental Impact Report and filed it with the Office of Planning and Research ("OPR"), circulated it to public, local, and state agencies on August 31, 2023, and also posted it on CEQAnet and the City’s website.
On September 28, 2023, a Scoping Meeting was held to solicit comments from the public regarding the potential environmental impacts of the Housing Element Update to be studied in the Draft EIR.
Based on the responses to the Notice of Preparation, the City prepared a Draft EIR and circulated the Draft EIR to the public.
A Notice of Completion ("NOC") of the Draft EIR was prepared and circulated on May 31, 2024, as required by CEQA. The NOC was circulated to responsible agencies, adjacent property owners and interested parties, including any person who filed a written request for such a notice.
The public comment period for the Draft EIR was the state-mandated 45 days commencing on May 31, 2024, through July 15, 2024. Copies of the Draft EIR were available at Fullerton City Hall, Fullerton Main Library, and on the City of Fullerton website.
The City received comment letters from the public and public agencies during the public review period. The City prepared a Final EIR, dated September 10, 2024, containing written responses to all comments received during the public review period, which responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments.
Mitigation measures were identified to reduce or avoid some of the significant effects on the environment, and a Mitigation Monitoring and Reporting Program was prepared to ensure compliance with the mitigation measures during Project implementation and is included in the FEIR.
The Final EIR was released to the public and public agencies at least ten days prior to the Planning Commission hearing on the Project.
The EIR included three alternatives: Alternative 1 – No Project/Buildout According to Adopted Plans; Alternative 2 – Reduced Sites Alternative; and Alternative 3 – Reduced Density Alternative. After the public hearing and in response to a letter sent by Housing Action Coalition, 28 sites were removed from Alternative 2, including 2 Inventory Sites. In addition, 1 more site was removed from Alternative 2 and the Site Inventory per owner request. Modified Alternative 2 represents this change.
The environmental consultant has prepared a memo discussing how Modified Alternative 2 would not result in any new or different impacts than Alternative 2; however Modified Alternative 2 is no longer being considered. A copy of this memo is attached hereto as Exhibit A.
SECTION 2. CEQA Findings.
CEQA requires that certain findings be made with the preparation of an EIR. Attached as Exhibit B hereto and incorporated by reference is the CEQA Findings of Fact and Statement of Overriding Considerations for the HIOZ Program (hereafter “FOF”). The FOF also includes a Mitigation Monitoring and Reporting Program.
The EIR complies with CEQA and contains all necessary elements as required by CEQA and the CEQA Guidelines as summarized in the FOF.
None of the revisions made in Final EIR in response to comments raise any new significant information which would require recirculation in accordance with CEQA Guidelines section 15088.5. The changes made to the EIR clarify, amplify and/or make insignificant modifications to the Draft EIR. No new mitigation measures are proposed to be implemented.
SECTION 3. EIR Approval. Based on the above, the City Council hereby takes the following actions:
The City Council hereby certifies the Final EIR, attached hereto as Exhibit C. The Final EIR consists of the Draft EIR dated May 2024 and the document entitled Final EIR dated September 2024. In making this certification, the City Council finds that the Final EIR reflects the City's independent judgment and analysis on the potential for environmental impacts for the City of Fullerton Housing Incentive Overlay Program.
The City Council adopts the Findings of Fact and Statement of Overriding Considerations set forth in Exhibit B in compliance with CEQA. The Statement of Overriding Considerations is required as the EIR identifies that the Project would have significant effects on the environment that cannot be mitigated below a level of significance.
The City Council adopts the Mitigation Monitoring and Reporting Program contained in Exhibit D, attached hereto and incorporated by reference, in compliance with CEQA.
Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information in the findings which precede this section are based on the entire record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 4. Custodian of Record. The documents and materials that constitute the record of proceedings on which these findings and approval are based are located in the City Clerk’s Office at City Hall, located at 303 West Commonwealth Avenue, Fullerton, California. The Custodian of Records is the City Clerk who can be reached at (714) 738-6350.
SECTION 5. Certification. The City Clerk shall certify the passage of this resolution.
SECTION 6. Effective Date. This Resolution shall be effective immediately.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 3, 2024.
Nicholas Dunlap, Mayor
ATTEST:
Lucinda William, MMC
City Clerk
_____________________________
Date
Attachments:
Exhibit A – Memo from Environmental Consultant Regarding Modified Alternative 2 Exhibit B – Findings of Fact
Exhibit C – Final Environmental Impact Report
Exhibit D – Mitigation Monitoring and Reporting Program 2