RESOLUTION NO. XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE FULLERTON GENERAL PLAN BY AMENDING THE FULLERTON PLAN FULLERTON BUILT ENVIRONMENT PORTION TABLES AND EXHIBITS OF AND ADOPTING A REVISED APPENDIX C TO INCORPORATE THE HOUSING INCENTIVE OVERLAY DESIGNATION INTO THE FULLERTON PLAN WHEREAS, California state law requires every city to have a General Plan, including a Housing Element and Land Use Element which complies with the provisions of Government Code section 65580 et seq.; and WHEREAS, California Government Code Section 65588 requires that the Housing Element be updated every eight years. The proposed project seeks to amend the current Fullerton Plan (i.e., General Plan) to provide for an update to the Housing Element for the 6th Cycle (2021-2029) planning period; and WHEREAS, the Housing Element is required, among other things, to identify sites sufficient to accommodate the City’s Regional Housing Needs Assessment (RHNA) as assigned by the Southern California Association of Governments; and 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; and WHEREAS, on September 25, 2024 the Planning Commission of the City of Fullerton held a duly noticed public hearing on the 6th Cycle Housing Element in accordance with State law requirements at which time it took into consideration all evidence presented, both oral and written; and WHEREAS, one of the programs identified in the Housing Element to help meet the City’s RHNA goals is to adopt an overlay zone (Housing Incentive Overlay Zone) that allows a property owner to develop multi-family housing on a parcel with a non-residential underlying zoning classification in exchange for providing a specified percentage of deed-restricted affordable housing units; and WHEREAS, as zoning must be consistent with the General Plan, including the Land Use Element, it is necessary to amend the City’s Community Development and Design exhibits to incorporate the housing element overlay and to amend the land use map of the City to show the parcels which are to receive the overlay; and WHEREAS, on November 6, 2024, the Planning Commission held a duly noticed public hearing on the changes to the Land Use Element at which time it considered all information presented, both oral and written; and WHEREAS, after the close of the public hearing the Planning Commission adopted Resolution No. PC-2024-28 recommending that the City Council amend the Fullerton Plan by the changes to the Community Development Design Tables and Exhibits; and WHEREAS, on November 19, 2024 the City Council held a duly noticed meeting on the amendments to the Fullerton Plan, including the 6th Cycle Housing Element, the amendments to the Community Development and Design Tables and Exhibits which include changes to the Land Use Map for the City to place the Housing Incentive Overlay over certain parcels in the City, an Ordinance implementing the Housing Incentive Overlay Zone (“HIOZ”), and considered the EIR that was prepared for the changes resulting from the Housing Element Overlay program; 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 additional regulations to be included in the HIOZ Ordinance; and WHEREAS, staff presented the option of removing an additional nine sites from the Inventory List in the November 2024 Draft Housing Element for the City Council’s consideration on December 3, 2024; and WHEREAS, the City Council further considered this matter on December 3, 2024, and provided direction to staff to make additional reductions to the Inventory Sites listed in the Housing Element and make changes to the amount of affordable housing that would be required for projects in a HIOZ zone to require 20 percent affordable housing, and continued the matter to a special meeting on December 10, 2024; and WHEREAS, staff and the City’s Housing Consultant performed additional analysis and determined that additional sites could be removed from the Inventory Sites list included in the November 2024 Draft Housing Element that was presented to the City Council for the December 3, 2024 meeting and still provide sufficient sites to meet the City’s Regional Housing Needs Allocation; and WHEREAS, the City Council further considered this matter on December 10, 2024, at which time it determined that the Inventory Sites in the Draft November 2024 Housing Element should be reduced as set forth in Resolution No. XX, which was adopted prior to the adoption of this Resolution; and WHEREAS, prior to the adoption of this Resolution, the City Council adopted Resolution No. XXX certifying the EIR for the Housing Incentive Overlay, making CEQA findings, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings. The City Council of the City of Fullerton does hereby find as follows:
The foregoing recitals are true and correct and are incorporated by reference into this action.
It is necessary to update the City’s Land Use Element in order to implement the programs of the Housing Element and ensure consistency among the General Plan elements as well as provide for consistency between the Community Development and Design portion of the Fullerton Plan and the zoning in the City.
Adoption of the Housing Incentive Overlay program implements various policies set forth in the City’s 6th Cycle Housing Element, including facilitating infill development and supporting the development of a variety of housing types.
The changes set forth herein represent good land use practices and are consistent with the other portions of the Fullerton Plan.
SECTION 2. Approval. Based on the above, the City Council hereby approves the changes to the Community Development Design Tables and Exhibits to incorporate the Housing Incentive Overlay Program as set forth in Exhibits A - D, attached hereto and incorporated herein by reference. The City Council also approves a revised Appendix C, which includes a new Appendix C-2 delineating those parcels receiving the Housing Element Overlay as shown on the land use map, attached hereto as Exhibit E. The changes to the Community Development and Design portion of the Fullerton Plan represent implementation of the Housing Incentive Overlay on only those Inventory Sites identified in the November 2024 Draft 6th Cycle Housing Element, as modified by the elimination of sites listed in Resolution No. XX.
SECTION 3. Certification. The City Clerk shall certify to the passage of this Resolution.
SECTION 4. Record of Proceedings. 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, 303 West Commonwealth Avenue, Fullerton, CA. The Custodian of Records is the City Clerk who can be reached at (714) 738-6350.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 10, 2024. ___________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date
Attachments:
Exhibit A – Title Page, Community Development and Design Tables and Exhibits Exhibit B – Exhibit 2: Community Development Plan
Exhibit C – Table 4: Community Development Types
Exhibit D – Table 5: Community Development Type Density/Intensity Summary Exhibit E – Appendix C
22 2
2