RESOLUTION NO. 2022- 006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION,
INCLUDING ANALYSIS OF THE POTENTIAL ENVIRONMENTAL
EFFECTS OF THE PROJECT, PROJECT DESIGN FEATURES,
STANDARD CONDITIONS, MITIGATION MEASURES AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE HUB
FULLERTON STUDENT - ORIENTED HOUSING PROJECT WITH
GROUND FLOOR COMMERCIAL SPACE ON A 3. 55- ACRE PROPERTY
LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND
COMMONWEALTH AVENUES
PRJ2020- 00008 — ZON- 2020- 0074, SUB- 2020- 0003, LRP- 2020- 0016, LRP- 2020- 0017, LRP- 2020- 0018
APPLICANT: CS ACQUISITION VEHICLE, LLC ( CORE SPACES)
PROPERTY OWNER: EDMUNDO F DIAZ AND LILIA M DIAZ TRUST AND 2751 CHAPMAN LLC
RECITALS:
WHEREAS, the Applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan ( ZON- 2020-0074), Tentative Parcel Map ( SUB- 2020- 0003), General Plan Revision ( LRP- 2020- 0016), Zoning Amendment ( LRP-2020- 0017) and Specific Plan (LRP-2020-0018) to develop a 420- unit 1,251 bed) student -oriented housing project with 12,438 square feet of ground floor commercial space more specifically described as: Orange County Assessor' s Parcel Nos. 338- 091- 05, - 06 and - 07
WHEREAS, the City of Fullerton, as Lead Agency, prepared a Draft Initial Study / Mitigated Negative Declaration to identify the potential environmental impacts associated with the construction and implementation of the project in conformance with the provisions of the California Environmental Quality Act ( CEQA) ( California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines ( Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.).
WHEREAS, the City identified mitigation measures to reduce or avoid significant effects on the environment and prepared a Mitigation Monitoring and Reporting Program to ensure and document compliance with the mitigation measures during project implementation.
Reso. No. 2022- 06
WHEREAS, the City of Fullerton is the Lead Agency on the project and the Planning Commission is the advisory body to City Council, which is the decision -making body for the applications associated with the proposed project.
WHEREAS, the City provided a Notice of Intent to Adopt a Mitigated Negative Declaration to all owners, as well as to the location of the properties, within 300 feet of the project site and to potentially interested public agencies and to the Orange County Clerk -Recorder advertising a 20 day public review period.
WHEREAS, the City received comments on the Mitigated Negative Declaration and prepared responses to comments.
WHEREAS, the Planning Commission and City Council have considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated August 2021 and Technical Appendices; the Final Initial Study including Comments, Responses to Comments and Errata dated September 2021; the Hub Fullerton Alternative Project CEQA Memo and the Mitigation Monitoring and Reporting Program.
WHEREAS, the Planning Commission recommended that City Council adopt the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for the Hub Fullerton Project, PRJ- 2020- 00008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FULLERTON AS FOLLOWS:
City Council, as a result of its consideration and the administrative record during the public review process, finds as follows:
1. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for PRJ-2020- 00008 adequately address the anticipated environmental impacts of the project. On the basis of their review, City Council finds no evidence from which one can fairly argue that the project will have a significant adverse effect on the environment and that the Mitigated Negative Declaration reflects the Lead Agency' s independent judgement and analysis.
THEREFORE, the City Council of the City of Fullerton hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Hub Fullerton Project, PRJ- 2020- 00008, at 2601, 2701 and 2751 E Chapman Avenue.
Reso. No. 2022- 06
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 18, 2022.
Fred Jung
Mayor
ATTEST;,
1 ind Williams, MMC
ity Clerk
1 Ci{ 1
Attachment:
Exhibit A: Mitigation Monitoring and Reporting Program
September20211Mitigation Monitoring Program
HUB FULLERTON PROJECT
for City of Fullerton
Preparedfor:
City of Fullerton
Contact: Heather Allen, Planning Manager
303 W. Commonwealth Avenue
Fullerton, California 92832
714. 738. 6884
Preparedby:
PlaceWorks
Contact: Nicole Vermilion, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966. 9220
info@placeworks. com
www. placeworks. com
@DPLACEWORKS
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
Table of Contents
Section Page
1. INTRODUCTION........................................................................................................................ I
1. 1 PURPOSE OF MITIGATION MONITORING PROGRAM................................................................... 1
1.2 PROJECT LOCATION....................................................................................................................................... 1
1. 3 PROJECT DESCRIPTION................................................................................................................................. 2
1.4 ENVIRONMENTAL IMPACTS........................................................................................................................ 4
2. MITIGATION MONITORING REQUIREMENTS.......................................................................... 7
2. 1 CATEGORIZED MITIGATION MEASURES/ MATRIX......................................................................... 7
2.2 CATEGORIZED CONDITIONS OF APPROVAL/ MATRIX............................................................... 11
3. REPORT PREPARATION......................................................................................................... 17
3. 1 LIST OF PREPARERS....................................................................................................................................... 17 September 2021 Page i
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
Table of Contents
List of Tables
Table Page
Table 1 Project StatisticalSummary................................................................................................................. 2 Table 2 Mitigation Monitoring Requirements — Mitigation Measures........................................................ 9 Table 3 Mitigation Monitoring Requirements — Conditions of Approval............................................... 13 Paged PlaceWorks
1. Introduction
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program (AMP) hasbeendevelopedto provide a vehicleby which to monitor mitigation measuresandconditionsof approvaloutlined in the MitigatedNegativeDeclaration/Initial Study MND/ IS). The MMP hasbeenpreparedin conformancewith Section21081.6 of thePublicResourcesCode andCity of Fullerton policy. Section21081.6 states:
a) When makingfindingsrequired byparagraph (1) of subdivision (a) of Section21081or when adopting a mitigatednegativedeclarationpursuant to paragraph (2) of subdivision (c) of Section21080, thefollowing requirementsshallapply:
1) The public agencyshalladopt areporting or monitoring program for the changesmade to the project or conditions of project approval, adoptedin order to mitigate or avoid significanteffectson the environment. The reporting or monitoring program shallbe designedto ensurecomplianceduring project implementation. For thosechangeswhich have beenrequiredor incorporatedinto the project at the requestof aresponsibleagency or apublicagencyhavingjurisdictionby law overnaturalresourcesaffectedbytheproject, that agencyshall, if sorequestedby the leador responsibleagency, prepareand submita proposedreportingor monitoring program.
2) The lead agencyshall specifythe location and custodianof the documentsor other materialwhich constitutethe record of proceedingsupon which its decisionis based.
1.2 PROJECT LOCATION
The 3.55-acreproject siteis at 2601, 2701, and 2751E ChapmanAvenuein the City of Fullerton, Orange County, California (APNs 338-091- 07, 338-091-05, 338-091-06). The City of Fullerton is surroundedby the citiesof Brea, La Habra, La Mirada, BuenaPark, Anaheim, andPlacentia. Regionalaccessto theproject siteis providedby StateRoute (SR) 57 adjacentto theprojectsiteand SR-91 approximately1.4 milesto the south.
The project site is at the northeast corner of the E. Chapman Avenue and N. Commonwealth Avenue intersectionnearthe city'seasternboundary. Placentiaison the eastsideof N. PlacentiaAvenue, approximately
0.14mileto theeast. Theprojectsiteis boundedbyE. ChapmanAvenueto the south, multi -familyresidential usesto the north, N. CommonwealthAvenue tothe west, and SR-57southboundoff -ramp right-of-way tothe east. The project site is accessedvia two drivewayson E. ChapmanAvenueand one drivewayon N.
Commonwealth Avenue.
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HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
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1. Introduction
1.3 PROJECT DESCRIPTION
RequestedDiscretionary Approvals
The City of Fullerton is the lead agencyunder CEQA and has the principal approvalauthority over the proposedproject. In order to implement the proposedproject, the City requiresthe following discretionary approvals:
General Plan Revisionto changethesite'sexistingOffice landusedesignationto High DensityResidential.
Zoning Amendment to change the existing O-P (Office Professional) zoning classification to SPD Specific Plan District).
Specific Plan to establishthedevelopmentstandardsandlanduseregulatoryframeworkapplicableto the project site.
Major Site Plan for reviewof development concept, including sitelayout, architecturaldesign, landscape design, andassociatedphysicaldesignfeatures.
Tentative Parcel Map to createone parcelunder common ownership.
Proposed Land Use
The project applicantproposesto developa six -story, 420-unit ( 1,251-bed) student -orientedhousing project with 12,438squarefeetof neighborhood -supportingcommercialspaceon the ground floor on a3.55-acre site.
The six -storybuilding includesamezzanine. Table1, ProjectStatisticalSummary, providesthe statisticalsummary of theproposedlanduses. The proposedprojectwould beprocessedthroughaSpecificPlan.
Table 1 Prolect Statistical Summary
Use Building Floor Areas . ft. Population
Residential 413, 831 (420 units) 1,251 beds or 1,251 residents' Retail 12,438 31 employees2
Amenity/Lobby 9,653 n/ a
Common ( Back of House/Corridor) 48, 035 n/ a
Interior Subtotal 483, 957
ExteriorAmenity 10,758 nla
Garage 145,952 n/ a
Garage and Exterior Subtotal 156,710
Grand Total 640, 667 1,282
I
Theestimatedpopulationiscalculatedbasedonthetotalnumberofbeds (1,251), assumingonepersonperbed. 2 Theestimatedemployeesare basedon400 squarefeet peremployeefor commercialuses (Fullerton2012).
The new buildingwould total 640,667 squarefeet of floor areaandinclude413,831 squarefeet of fully furnishedresidentialunits with 1,251bedsand12,438squarefeetground floor retail spacesaswell ascommon areas, lobby, and garagespaces. The SpecificPlanwould requirea minimum of 20 percentof the lot to be
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
allocatedto commonandprivateopenspaces, thatis, 30,928squarefeetof openspace.' Theproposedproject would provide acombinedtotal of 72,026 squarefeet of open spaceconsistingof 39,228 squarefeet of on - siteopenspacessuchaspaseo, patios, andoutdoor diningplazas; aroof deckwithbarbequegrillsandfirepits totaling10,765squarefeet; and13,150squarefeetof privateopenspace, includingbalconiesandgroundlevel patios. Thegroundlevel patioswouldincludehot tubs. Commonamenitieswouldincludetheleasingcenter, yogaarea, spa, fitness, lobby, trophy room, roof pool deck, pool, paseo, andbikestorageroom, totaling8,883 squarefeet. The paseois designedasasemi-public openspaceareaon the groundfloor adjacentto retailuses thatincludesseating, landscape, andpublicart.
Demolition and Site Preparation
The proposedproject wouldrequiredemolitionof the existingfour office buildings (totaling55,332square feet) andall associatedimprovements, includingbut not limitedto the landscaping (trees, plants, andgrass areas), driveways, parkinglot, andutilities. The existing wallalongthe northern property line would remainin place. Afterthedemolition, roughandfine gradingwouldpreparethesitefor theGeopier'sorequivalent gravel piersimpactfoundationsystem. Insteadof over -excavatingthe sitefor the building foundation, Geopier'sor equivalent gravelpiers impact foundation systemwould be used to provide support for the building.
Approximately1,000holeswould be advanceddownto the designdepth by specially designedmandreland tamperfoot. EachGeopierwouldbeapproximately24-inchin diameterandinstalledapproximately8feetdeep into thesoil. The uniquedesignof theGeopier impactsystemeliminatessoilspoilsanddisplaces soilslaterally, densifyingand reinforcing soils. After the mandrelhasbeendriven to about 8 feet, the hollow mandrelwould serveasaconduitfor aggregateplacement. Theprocessdensifiesaggregateverticallyandthepatentedbeveled tamperfoot forcesaggregatelaterallyinto cavitysidewalls. The proposedbuildingslabswouldbesupported on a grid of Geopier's or equivalentgravel piersin suchway that the slab doesnot receivesupport for the underlying soil.
AccessandParking
Theproposedprojectwouldbeaccessedvia adrivewayonE. ChapmanAvenuenearthecenterof theproject sitethat leadsto six levelsof parkinggaragein the northeasternpart of the project site. The E. Chapman drivewaywouldprovide accessto theparkinggaragebyturning right -in from westboundE. ChapmanAvenue, left - turnin from the left -turn pocketon eastboundE. ChapmanAvenue, andright -turn out onto westbound E. Chapman Avenue. No U- turn is allowed at the E. Chapman Avenue and N. Commonwealth Avenue intersection. The driveway on N. Commonwealth Avenue would allow one right -in and right - out for commercialdeliveries, wastepick-up, andemergencyvehicles. TheSpecificPlanincludesparkingstandardsof 3spaces/1,000 squarefeetfor commercialuses, 0.64spaceperunit for residentialuses, and0. 13spaceperunit for residentialguestspaces, requiringatotalof 362spaces. Theproposedprojectwouldprovide38retailspaces, 282residentialspaces, and56residentialguestspacesfor atotalof 376parkingspaces, exceedingtheSpecific Plan'sparkingstandards. Theentirelevel1parkingareawouldaccommodate32retailparkingspaces, andthe additional6retailparkingspaceswouldbeprovidedup therampin themezzanine -levelparking. Theparking garagewould alsoprovidecapacityfor parking197bicycles. The bicycleparkingroomwould be equippedwith bikeracks, andbikeownerswouldneedto providetheirown locksto securethe bikes. Thebicycleparking
3. 55 acres = 154, 638 square feet; 154, 638 SF x 20% = 30, 927. 6 square feet September 2021 Page 3
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
room accesswouldbecontrolledbyafob -basedentrysystem. Residentialspaceswould bephysicallyseparated from theretailspaceson differentlevelsthroughagateor similarmechanismcontrolledbyafob -basedentry system. Fireaccesswould beprovided alongthenorthernboundaryfrom N. CommonwealthAvenue.
Utility Improvements
Water: The proposedprojectwould connect totheCity's existinginfrastructureandwouldbe servedby the City'swater servicedivision. There areexisting8-inch and10-inch waterlines along E. Chapman Avenueand N. CommonwealthAvenue, respectively. The proposedproject wouldconnectto the existingwaterline on E.
Chapman Avenue.
Wastewater. The City provideswastewaterserviceto theprojectsiteandthereareexisting8-inch sewerlines alongE. Chapman Avenueand N. CommonwealthAvenue. The proposedproject would removethe existing 8-inch public sewerline that runs north -south throughthe siteandconstructa new 8-inch public sewerline, runningwest, alongtheproject site'snorthernboundarywithin theproposed20-foot sanitarysewereasement, which wouldconnectto theexisting8-inch seweron N. CommonwealthAvenue. Theproposedprojectwould connect to this new sewer line.
Storm Drain. The proposed project would construct on -site storm drains, which would connect into an existing curb inlet near the intersection of E. Chapman Avenueand N. Commonwealth Avenue. The inlet dischargesviaanexisting18-inch stormdrainlateralthatconnectsto anexisting42-inch stormdrainmainthat flows west under E. Chapman Avenue.
Other: The proposedproject includes abandoningan existing6-foot public electriceasementthat runs east - west across the project site.
1.4 ENVIRONMENTAL IMPACTS
1.4. 1 Environmental Categories Determined to Have No Impact or Less Than Significant Impact Without Mitigation or Conditions of Approval The MND/ IS identified various thresholdsfrom the CEQA Guidelines amonga numberof environmental categoriesthat wouldnot be significantlyimpactsby theproposedproject in Chapter3, EnvironmentalAnalysis.
Thesecategoriesdid not requiremitigationor conditionsof approval. Impactsto thefollowing environmental resources were found to be less than significant or no impact:
Agriculture andForestryResources
Energy
Greenhouse Gas Emissions
Land UseandPlanning
Mineral Resources
Population andHousing
Recreation
Transportation
Wildfire
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
1.4.2 Environmental Categories Determined to Have Less Than Significant Impact With Mitigation Incorporated
TheMND/ IS concludedthattheproposedprojectcouldresultin oneor morepotentiallysignificantimpacts in the following topic areas:
Air Quality
GeologyandSoils
However, the MND/ IS alsofound that theseimpactswould be reduced, avoided, or substantiallylessened throughtheimplementationof mitigationmeasures, which arelistedin Table2, MitigationMonitoringRequirements Mitigation Measures.
1.4. 3 Environmental Categories Determined to Have Less Than Significant Impact But Conditions of Approval Were Incorporated
The MND/ IS did not identify potentiallysignificantimpactspertainingto below environmentalcategories, therefore, no mitigation measures have been incorporated. However, conditions of approval ( COA) have been incorporated asrequiredby The Fullerton Plan and other regionaland stateregulatory requirements, andare included in Table3, MitigationMonitoringRequirements — Conditionsof Approval, of this MMP.
Aesthetics Noise
Biological Resources Public Services
Cultural Resources N Tribal Cultural Resources
Hazards and Hazardous Materials Utilities and Service Systems Hydrology andWaterQuality
September 2021 Page 5
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
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2. Mitigation MonitoringRequirements
2.1 CATEGORIZED MITIGATION MEASUREWMATRIX
Project - specific mitigation measures ( Mlbi) have been categorized in matrix format, as shown in Table 2. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The MM matrix will serveasthe basis for scheduling theimplementation of, and compliancewith, all mitigation measures.
September 2021 Page 7
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
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2. MitigationMonitoring Requirements
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0 HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. MitigationMonitoringRequirements
2.2 CATEGORIZED CONDITIONS OF APPROVAUMATRIX
Project - specific conditions of approval ( COAs) have been categorized in matrix format, as shown in Table 3.
The responsibilityand timing information on implementationof COAswill be provided aspart of a list of standardconditions in the resolution for the project.
September 2021 Page 11
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. MitigationMonitoringRequirements
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3. Report Preparation
3. 1 LIST OF PREPARERS
City of Fullerton
Heather Allen, PlanningManager
PlaceWorks
Nicole Vermilion, Principal
Elizabeth Kim, Senior Associate
JasmineA. Osman, AssociateI
September 2021 Page 17
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
3. Report Preparation
Thispageintentionallyleftblank.
City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2022-006
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022-006 at a regular meeting of the City Council held on the January 18, 2022 by the following vote:
COUNCIL MEMBERS IN FAVOR:
COUNCIL MEMBERS OPPOSED:
COUNCIL MEMBERS ABSTAINED
COUNCIL MEMBERS ABSENT
Williams, MMC
Jung, Whitaker, Silva, Zahra
None
None
Dunlap
RESOLUTION NO. 2022- 007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A STUDENT - ORIENTED HOUSING PROJECT OF UP TO 377 UNITS ( 1, 103 BEDS) WITH 12, 438 SQ. FT. OF GROUND FLOOR COMMERCIAL SPACE ON A
3. 55- ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF
CHAPMAN AND COMMONWEALTH AVENUES
PRJ2020- 00008 — ZON- 2020- 0074, SUB- 2020- 0003, LRP- 2020-0016, LRP- 2020- 0017, LRP- 2020- 0018
APPLICANT: CS ACQUISITION VEHICLE, LLC ( CORE SPACES)
PROPERTY OWNER: EDMUNDO F DIAZ AND LILIA M DIAZ TRUST AND 2751 CHAPMAN LLC
I:1* 40" 21163
WHEREAS, the Applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan ( ZON- 2020-0074), Tentative Parcel Map ( SUB- 2020- 0003), General Plan Revision ( LRP- 2020-0016), Zoning Amendment ( LRP-2020- 0017) and Specific Plan ( LRP-2020- 0018) to develop a 420- unit 1, 251 bed) student -oriented housing project with 12,438 square feet of ground floor commercial space more specifically described as: Orange County Assessor' s Parcel Nos. 338- 091- 05, - 06, and - 07.
WHEREAS, the applicant has submitted a Revised Alternative Project with 377 units 1,103 beds) and 12,438 square feet of ground floor commercial space.
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 held a duly noticed public hearing for PRJ2020-00008.
WHEREAS, FMC Section 15.47.040 authorizes the Planning Commission to act on a Major Site Plan, considering compliance with development standards and design review criteria ( 15. 47. 060).
WHEREAS, the Planning Commission of the City of Fullerton recommended that City Council approve PRJ2020- 00008 including Major Site Plan ( ZON- 2020- 0074), Tentative Parcel Map ( SUB-2020- 0003), General Plan Revision ( LRP- 2020- 0016), Zoning Amendment ( LRP- 2020- 0017) and Specific Plan ( LRP- 2020- 0018).
WHEREAS, the City of Fullerton, as Lead Agency, prepared an Initial Study / Mitigated Negative Declaration to identify the potential environmental impacts associated with the construction and implementation of the project in conformance with the provisions of the Reso. No. 2022- 07
California Environmental Quality Act ( CEQA) ( California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines ( Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.).
WHEREAS, the Planning Commission and City Council have considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated August 2021 and Technical Appendices; the Final Initial Study including Comments, Responses to Comments and Errata dated September 2021; the Mitigation Monitoring and Reporting Program; the Hub Fullerton Alternative Project CEQA Memo and the administrative record during the public review process.
RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. In all respects as set forth in the Recitals of the Resolution.
2. City Council, pursuant to FMC Section 15.47.040.B.2.b finds as follows:
Finding: That the proposed use is permitted in the requested SPD (Specific Plan District) zoning classification.
Fact: The project includes adoption to the Hub Fullerton Specific Plan, to establish the development standards and land use regulations by which to develop student - oriented housing and retail opportunities in proximity to the Cal State Fullerton and Hope International University campuses. Permitted uses include multi -family residences and local serving commercial uses, consistent with the proposed project.
Finding: That the project meets all applicable development standards.
Fact: The project includes adoption to the Hub Fullerton Specific Plan, to establish the development standards and land use regulations by which to develop student - oriented housing and retail opportunities in proximity to the Cal State Fullerton and Hope International University campuses. The proposed project meets or exceeds the development standards in the Hub Fullerton Specific Plan.
Finding: That the proposed project design is pleasant in character and harmonious with the past development of Fullerton, illustrating a design compatibility with the desired developing character of the surrounding area.
Fact: The design is contemporary in nature and considers the educational institution context of the surroundings employing natural tones and textures with quality and durable materials. The mixed -use project is designed street -facing commercial space on the ground floor at the Chapman / Commonwealth intersection, consistent with the previously approved student -oriented mixed -use project on the northwest corner of Reso. No. 2022- 07
the intersection. This portion of the building presents a more public and commercial sense of place at grade. The building shifts to a more pedestrian residential aesthetic where townhomes land at grade on the eastern building. Using two different but complementary aesthetics in addition to a series of smaller volumes helps address the long narrow site's orientation to Chapman Avenue by adding modulation to a key street -facing elevation. The parking structure integrates into design of the building, sitting at the site' s northeast corner abutting the freeway off ramp. In this location it is wrapped by the residences on the west and south sides. Recognizing that the site is at the southern border of the Education Focus Area of the City's general plan and forms the gateway to the Focus Area west of the SR-57 freeway, the Applicant has designed the project with the goal of bringing a unique and dynamic product to the student housing market in Fullerton.
Finding: The project screens exterior trash, storage areas and service yards from view of nearby streets and adjacent structures in a manner compatible with building site design.
Fact: The project includes a retail trash room and two residential trash rooms, one each serving the western and eastern portions of the site. The project design provides two trash pickup points interior to the site.
Finding: The project blends proposed grading with the contours of the project site Fact: The existing site is relatively flat. The conceptual grading plans propose to retain the flat site.
Finding: The traffic patterns of the proposed development will minimize impacts on surrounding properties and streets and accommodate emergency vehicles.
Fact: A driveway on Chapman Avenue will provide the primary vehicular access. The project provides a secondary driveway for emergency, trash and delivery vehicles on Commonwealth Avenue and connects both access points with an onsite circulation system that meets the requirements for a fire access roadway. Emergency vehicles would continue to have access to roadways in the area during constriction and after completion of the project.
Fact: The project as designed and conditioned restricts the Chapman Avenue driveway to right- and left - in / right -out turning movements; the Commonwealth Avenue driveway is designed and conditioned to right -in / right -out turning movements only.
Fact: Fehr and Peers conducted a Transportation Assessment ( Assessment) at intersections surrounding the project as well as at the two project driveways in accordance with the City' s adopted Transportation Assessment Policies and Procedures ( TAPP). The Assessment found no effects on transportation nor signal warrants at project driveways.
Reso. No. 2022- 07
Fact: As a mixed student -oriented housing project with neighborhood -serving commercial, it is anticipated that a significant portion of residents will walk or bike to campus and similarly, retail customers will be able to walk or bike to the site.
Additionally the site is located in a Transit Priority Area which is an area that includes fixed route bus service with intervals no longer than 15 minutes during peak commute hours; four OCTA bus routes are within a 0. 5mile walk of the project. The project is conditioned to submit a Parking Management Plan for the City's review and approval.
Finding: Buildings are sited so as to avoid crowding and to allow for a functional use of the space between buildings.
Fact: The 3.55 acre site is approximately 840 feet long and 140 feet deep with two required vehicular access points and an on -site fire access roadway. The secondary access roadway is located along the northern property line and includes an already unbuildable area encumbered by a sewer easement. The parking structure is located at the northeast corner of the site between the residences and the freeway, providing a buffer to the residences as well as enabling the residential buildings to screen two sides of the parking structure.
Fact: The residential buildings are functionally a western and eastern building connected with a series of interior hallways. Units are grouped in a series of u-shaped clusters around ground floor open areas providing separation between units on all floors. .
Finding: Landscaping design creates a pleasing appearance from both within and off the site and accommodates adequate sight distances for motorists and pedestrians entering and exiting the site.
Fact: The project proposed landscaping around the building to both accentuate the ground floor uses and provide a buffer between the residential units and common walkways. The plant palette utilizes a mix of trees, shrubs and ground cover to create a layered appearance. Palm trees will remain in use as the street tree along Chapman Avenue. The project also proposes landscaping on portions of the upper levels of the street - visibleexterior of the parking structure. Landscaping and/or low walls provide screening from the public right-of-way for ground mounted utility infrastructure. There is no landscaping proposed that would conflict with site entry / exit.
THEREFORE, the City Council does hereby approve said Major Site Plan ZON-2020- 0074, subject to the following conditions of approval:
Project Specific:
The Applicant shall submit a Parking Management Plan for the review and approval of the Directorof Communityand EconomicDevelopmentas a prerequisiteto building permit issuance. The Parking Management Plan shall include provisions for City review after the first and subsequent school year of occupancy.
Reso. No. 2022- 07
2. The applicant or its successors in interest in the property shall obtain off -site parking such that the blended resident/ guest residential parking rate accommodated between on- and off -site parking stalls is 0.70 per bed. Said off -site parking shall be located within 500 feet of the project site and/or in the area bounded by College Place / North Commonwealth Avenue / Nutwood Avenue / Langsdorf Drive (currently identified as Cal State University Fullerton Lot S). Compliance with this condition shall be identified in the Parking Management Plan and shall be implemented through an executed Agreement between the applicant or its successors in interest and the owner( s) of the subject spaces. The Parking Management Plan shall include a copy of the Agreement then in effect.
3. On the Commonwealth -facing elevation, beginning at the second floor and continuing on all floors above, the design shall provide a break in exterior wall plane to create a horizontal variation to the building. Said break shall be a minimum width equivalent to the width of a bedroom in this location. The removed area shall be located generally in the middle of the Commonwealth - facing elevation but may not create more than a 60 percent / 40 percent relationship in the liner dimension on either side of the recess.
Implementation of this design modification shall be subject to the review and approval of the Director of Community and Economic Development and shall be reflected in submitted construction plans.
4. At the intersection of the Commonwealth- and Chapman -facing elevations, the building shall utilize a radius corner on the ground plane consistent with the radius corners utilized on the Chapman Avenue frontage east of the paseo rather than a 90- degree corner. Implementation of this design modification shall be subject to the review and approval of the Director of Community and Economic Development and shall be reflected in submitted construction plans.
5. The outdoor lighting including on the roof deck and parking structure shall be shielded and directed downward.
General Conditions:
1. This action approves the applicant submitted plans dated April 09, 2021 as revised December 13, 2021 and as conditioned herein. The term " approved Major Site Plan" pertains to the aforementioned plans.
2. The construction and operation of the project shall comply with the Standard Conditions ( Exhibit A), Engineering Conditions of Approval ( Exhibit B) and Mitigation Monitoring and Reporting Program ( Exhibit C).
3. The Applicant shall submit construction plans to the Community and Economic Development Department for review and issuance of building permit(s). Construction plans shall comply with Fullerton Building Codes, as adopted and in effect at time of plan submittal and be prepared in substantial conformance with the approved Major Reso. No. 2022-07
Site Plan except to the extent that the plans or designs are modified by the conditions herein. Project revisions identified in the December 13, 2021 architectural plans shall be reflected in the corresponding civil and landscape plans and supporting studies prepared for construction permits.
4. Subsequent changes to the approved Major Site Plan during construction plan review and throughout the construction process require review and pre - approval by the Director of Community and Economic Development or as required by Fullerton Municipal Code Section 15. 47.040. D. Building plans or plan revisions shall reflect approval changes, as applicable, prior to receiving final occupancy approvals.
5. Prior to or concurrent with submittal of plans for building permits, the applicant shall provide a materials manual to the Planning Division, documenting the building materials and architectural details including, but not limited to, wall materials, accent materials, windows, railings, doors and exterior lighting for review and approval by the Community and Economic Development Director. The manual shall include cut sheets and/ or manufacturer' s brochures for details ( and samples if required). The review shall verify consistency with the approved Major Site Plan and representations made by the applicant.
6. Project identification signage shall be submitted under separate permit and shall be architecturally compatible with the style of the development as determined by the Director of Community and Economic Development.
7. Prior to issuance of building permits, the Applicant shall submit a Landscape Documentation Package to the City for plan check review and approval in compliance with Fullerton Municipal Code Chapter 15. 50. The Landscape Documentation Package includes, but is not limited to, certified landscape and irrigation design plans including water efficiency calculations. Landscaping and irrigation shall be installed in accordance with the approved landscape plans, with installation completed and a one- year maintenance bond in an amount of $ 500, posted as a prerequisite to the final approval of the development and/ or occupancy of the units.
8. Applicant / Property Owner will ensure that information contained in construction plans and drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings for site development pursuant to this parcel map. The Applicant Property Owner may transfer this responsibility to the Project Architect. While the City aims to correct inconsistencies, they are the ultimate responsibility of the Applicant / Property Owner / Project Architect to remedy, up to and including completing construction revisions prior to receiving final occupancy approvals.
Reso. No. 2022- 07
9. 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 that may be brought against the City arising out of its approval of the project.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 18, 2022.
Fred Jung
Mayor
ATTEST:
XfnAa rlliams, MMC
ity lerk
Attachments:
Exhibit A — Standard Conditions ( attachment 4)
Exhibit B — Engineering Conditions of Approval ( attachment 5) Exhibit C — Mitigation Monitoring and Reporting Program ( attachment 12) Exhibit A
Standard Conditions
SC AES- 1 For future development located in or immediately adjacent to residentially zoned properties, construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site, as distant from the residential use, as reasonably possible. Staging areas shall be screened from view from residential properties.
SC AES- 2 Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris.
SC AES- 3 Construction worker parking may be located off -site with prior approval by the City. On - street parking of construction worker vehicles on residential streets shall be prohibited.
SC AQ- 1 Prior to issuance of any Grading Permit, the Community and Economic Development Director and the Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD' s Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short- term fugitive dust impacts on nearby sensitive receptors:
All active portions of the construction site shall be watered twice daily to prevent excessive amounts of dust;
Non -toxic soil stabilizers shall be applied to all inactive construction areas ( previously graded areas inactive for 20 days or more, assuming no rain), according to manufacturers' specifications;
y All excavating and grading operations shall be suspended when wind gusts ( as instantaneous gust) exceed 25 miles per hour;
On -site vehicle speed shall be limited to 15 miles per hour; All on -site roads shall be paved as soon as feasible, watered twice daily, or chemically stabilized; Visible dust beyond the property line which emanates from the project shall be prevented to the maximum extent feasible;
All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site; Track -out devices shall be used at all construction site access points;
All delivery truck tires shall be watered down and/or scraped down prior to departing the job site; A construction relations officer shall be appointed to act as a community liaison concerning on -site construction activity including resolution of issues related to fugitive dust generation;
o Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads and use of SCAQMD Rule 1186 and 1186.1 certified street sweepers or roadway; and
Replace ground cover in disturbed areas as quickly as possible.
SC AQ- 2 All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Highways), with special attention to Sections 23114( b)( F), ( e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall demonstrate to the City of Fullerton how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(F), e)(4).
SC AQ- 3 The following measures shall be implementedto reduce VOC emissions resulting from application of architectural coatings:
o Contractors shall use high -pressure -low -volume ( HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent;
Use required coatings and solvents with a VOC content lower than required under Rule 1113;
n Construct/ build with materials that do not require painting; and Use pre -painted construction materials.
SC AQ- 4 Prior to issuance of any Grading Permit, the Community and Economic Development Director and the Building Official shall confirm that the Grading Plan, Building Plans and specifications stipulate that ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer' s specifications, to the satisfaction of the City Engineer.
Equipment maintenance records and equipment design specifications data sheets shall be kept on -site during construction. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction.
SC AQ- 5 Electricity from power poles shall be used instead of temporary diesel or gasoline powered generators to reduce the associated emissions. Approval shall be required by the City of Fullerton Building and Safety Division prior to issuance of grading permits.
SC AQ- 6 Each individual implementingdevelopment project shallsubmit a traffic control plan priorto the issuance of a grading permit. The traffic control plan shall describe in detail safe detours and provide temporary traffic control during construction activities for that project. To reduce traffic congestion, the plan shall include, as necessary, appropriate, and practicable, the following: temporary traffic controls such as a flag person during all phases of construction to maintain smooth traffic flow, dedicated turn lanes for movement of construction trucks and equipment on- and off -site, scheduling of construction activities that affect traffic flow on the arterial system to off-peak hour, consolidating truck deliveries, rerouting of construction trucks away from congested streets or sensitive receptors, and/ or signal synchronization to improve traffic flow.
SC AQ- 7 Building and grading permits shall include a restriction that limits idling of construction equipment on - site to no more than five minutes.
SC AQ- 8 Proposed development projects that are subject to CEQA shall have construction related air quality impacts analyzed using the latest available air emissions model, or other analytical method determined in conjunction with the SCAQMD. The results of the construction - related air quality impacts analysis shall be included in the development project's CEQA documentation. To address potential localized impacts, the air quality analysis may incorporate SCAQMD' s Localized Significance Threshold analysis or other appropriate analyses as determined in conjunction with SCAQMD. If such analyses identify potentially significant regional or local air quality impacts, the City shall require the incorporation of appropriate mitigation to reduce such impacts.
SC BI0- 1 Existing trees on -site would be removed during construction; however, all vegetation removal would be conducted in accordance with applicable regulations to avoid impacts on nesting birds and avian species, and ensuring impacts are less than significant. Notably, construction activities would be completed in compliance with the federal Migratory Bird Treaty Act, and Sections 3503, 3503. 5, 3513 of the California Fish and Game Code, which protect active nests of avian species, including common raptor species, through the following measures, which will be Conditions of Approval for the project:
o Removal oftrees and vegetationshall be avoided, tothe greatest extent possible, during the nesting season ( generally February 1 to August 31). If site - preparation activities are proposed during the nesting/ breeding season ( February 1 to August 31), a pre - construction nesting bird survey shall be conducted by a qualified Biologist within 72 hours prior to vegetation removal, to determine if active nests of speciesprotected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located, construction may be conducted during the nesting/breeding season.
If the biologist finds an active nest on the Project site and determines that the nest may be impacted, the Biologist shall delineate an appropriate buffer zone around the nest. The size of the buffer shall be determined by the Biologist, and shall be based on the nesting species, its sensitivity to disturbance, expected types of disturbance, and location in relation to the construction activities. These buffers are typically 300 feet from the nests of non -listed species and 500 feet from the nests of raptors and listed species. Any active nests observed during the survey shall be mapped on an aerial photograph. Only construction activities ( if any) that have been approved by a Biological Monitor shall take place within the buffer zone until the nest is vacated. The Biologist shall serve as a Construction Monitor when construction activities take place near active nest areas to ensure that no inadvertent impacts on these nests occur. Results of the pre -construction survey and any subsequent monitoring shall be provided to the City.
SC BI0- 2 All tree plantings, removals, or alterations associated with the project shall be conducted in accordance with the requirements set forth in the Fullerton Community Forestry Ordinance Fullerton Municipal Code, Chapter 9.06 et seq.). Specifically, in compliance with Section
9.06.090, Planting Trees, prior to the issuance of a building permit, the Applicant/ Developer shall submit a Plot Plan of the proposed development so the Director of Development Services can determine the tree requirements for site development. The plot plan shall:
1. Clearly show all existing trees, noting location, species, size, and condition;
2. Note whether existing trees will be retained, removed, or relocated;
3. Show proposed utilities, driveways, sidewalks and tree planting locations, and the size and species of proposed street trees; and
4. Conform with ground and aerial setback specifications, as defined in the Community Forest Management Plan.
SC CRA In the event that cultural resources ( archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to CR-2, the project proponent shall retain a qualified professional ( i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), subject to approval by the City of Fullerton, to evaluate the significance of the finding and appropriate course of action ( refer to Mitigation Measures CR- 1, CR- 2, and CR- 4 in The Fullerton Plan EIR). If avoidance of the resource( s) is not feasible, salvage operation requirements pursuant to Section 15064. 5 of the CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
SC CR- 2 In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097. 98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission NAHC). The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.
SC GEO- 1 The proposed project is required to conform to the seismic design parameters of the 2019 California Building Code and the 2019 California Green Building Standards Code ( or applicable adopted code at the time of plan submittal or permit issuance), as set forth in Title 14 of the City of Fullerton' s Municipal Code at the time the grading plans are submitted.
SC HAZA Prior to potential remedial excavation and grading activities, impacted areas shall be cleared of all maintenance equipment and materials ( e.g., solvents, grease, waste oil), construction materials, miscellaneous stockpiled debris ( e.g., scrap metal, pallets, storage bins, construction parts), above ground storage tanks, surface trash, piping, excess vegetation and other deleterious materials. These materials shall be removed off - site and properly disposed of at an approved disposal facility. Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any stained soils observed underneath the removed materials shall be sampled. In the event concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the project Applicant shall comply with the following measures in accordance with federal, State, and local requirements:
Excavation and disposal at a permitted, off -site facility; On -site remediation, if necessary; or
Other measures as deemed appropriate by the City of Fullerton Fire Department.
SC HAZ- 2 Prior to structural demolition activities, a Certified Environmental Professional shall confirm the presence or absence of asbestos - containing materials ( ACMs) and lead based paints LBPs). Should ACMs or LBPs be present, an Operations and Maintenance ( O& M) Program shall be implemented, and demolition materials containing ACMs and/or LBPs shall be removed and disposed of at an appropriate permitted facility.
SC HAZ- 3 Prior to construction, the project Applicant shall prepare a Traffic Control Plan for implementation during the construction phase, as deemed necessary by the City Traffic Engineer. The Plan may include the following provisions, among others:
At least one unobstructed lane shall be maintained in both directions on surrounding roadways.
At any time only a single lane is available, the Applicant shall provide a temporary traffic signal, signal carriers ( i.e., flag persons), or other appropriate traffic controls to allow travel in both directions.
If construction activities require the complete closure of a roadway segment, the Applicant shall provide appropriate signage indicating detours/ alternative routes.
SC HAZ- 4 The City Community and Economic Development Department shall consult with the Fullerton Police Department to disclose temporary closures and alternative travel routes, in order to ensure adequate access for emergency vehicles when construction of a development results in temporary lane or roadway closures.
SC HYD- 1 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of Engineering, a Water Quality Management Plan ( WQMP), which includes post -construction Best Management Practices ( BMPs) that would be implemented as part of the project, in accordance with the Orange County Drainage Area Management Plan ( DAMP), the General MS4 Permit ( RWQCB Order No. R8- 2009- 0030, as amended), and the City of Fullerton's Water Quality Ordinance ( Chapter 12. 18 of the Fullerton Municipal Code). All BMPs of the WQMP shall be implemented during the operation phase. The project Applicant shall comply with the BMPs detailed in the WQMP, and other measures as the City deems necessary to mitigate potential water quality impacts.
SC HYD- 2 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of Engineering, a Water Quality Management Plan or Stormwater Mitigation Plan, which includes Best Management Practices ( BMPs), in accordance with the Orange County DAMP. All recommendations in the Plan shall be implemented during post construction/ operation phase. The project applicant shall comply with each of the recommendations detailed in the Study, and other such measure( s) as the City deems necessary to mitigate potential water quality impacts.
SC HYD- 3 Prior to site plan approval, the project owner/ developer( s) shall be required to coordinate with the City of Fullerton Engineering Department to determine requirements necessary to mitigate impacts to drainage improvements in order to accommodate storage volumes and flood protection for existing and future runoff. Proposed projects shall implement mitigation measures, if required, to the satisfaction of the City of Fullerton Public Works Director. For any new storm drainage projects/studies that have the potential to impact adjacent jurisdictions' storm drainage systems, the developer shall submit said studies to the applicable jurisdiction for review and approval.
SC N0I- 1 Project Applicant shall ensure through contract specifications that construction Best Management Practices ( BMPs) be implemented by contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit ( whichever is issued first). The construction BMPs shall include the following:
Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.
Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.
Schedule high noise -producing activities between the hours of 7:00 AM and 8:00 PM on any day except Sunday or a City -recognized holiday to minimize disruption on sensitive uses.
Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
Construction - related equipment, including heavy- duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.
Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
SC N0I- 2 Project Applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible.
Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
SC N0I- 3 Project applicants shall ensure by contract specifications that construction staging areas along with the operation of earthmoving equipment within the city would be located as far away from vibration and noise sensitive sites as possible. Should construction activities take place within 25 feet of an occupied structure, a project specific vibration impact analysis shall be conducted. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
SC NOI- 4 The City shall require mechanical equipment from future development to be placed as far practicable from sensitive receptors. Additionally, the following shall be considered prior to HVAC installation: proper selection and sizing of equipment, installation of equipment with proper acoustical shielding, and incorporating the use of parapets into the building design.
SC NOI- 5 Prior to approval of building plans, project applicant shall comply with the California Code of Regulations, Title 24, Chapter 12, and submit an acoustical study for review and approval by the City's Community and Economic Development Department demonstrating that the structure design limits interior noise in habitable rooms to 45 dBA CNEL/ Ldn.
SC SCH- 1 Prior to the issuance of building permits, individual project applicants shall submit evidence to the City of Fullerton that legally required school impact fees have been paid per the mitigation established by the applicable school district.
SC PS- 1 In accordance with Chapter 21. 12 of the City of Fullerton Municipal Code, prior to the issuance of each building permit, the Applicant shall pay the most current park dwelling fee and/or negotiated park fees to the City. All money collected as fees imposed by Chapter
21. 12 shall be deposited in the park dwelling fund and used for the acquisition, development, and improvement of public parks and recreational facilities in the City, as proposed by the City' s Five - Year Capital Improvement Program. The Community and Economic Development Department shall confirm compliance with this requirement prior to issuance of a building permit.
PROJECT: PRJ 2020- 00008
Site Address: 2601 - 2751 East Chapman Avenue ( The Hub) Date: 9/ 23/ 2021; modified 12/ 20/ 21
ENGINEERING CONDITIONS OF APPROVAL
Project Specific:
PROJECT FRONTAGE IMPROVEMENTS
The project shall dedicate additional street right-of-way to the City of Fullerton at the northeast corner of the East Chapman Avenue and North Commonwealth Avenue intersection to comply with City Standard No. 123, Sidewalk Return. Prior to issuance of a building permit, a signed and stamped legal description and plot prepared by a licensed surveyor shall be submitted to the City of Fullerton Public Works Department for review approval.
2. All damaged and/or substandard public improvementsshall be removed and replaced per City standards, unless approved by the City Engineer.
3. Existing driveway approach(s) that will not be utilized by the proposed development shall be removed and reconstructed with a standard full height curb and gutter, and concrete sidewalk.
4. Any proposed driveway approaches shall comply with current City Standards.
5. Separate street improvement plans shall be prepared for applicable public improvements.
The plans shall be submitted to the Public Works Department for review, approval, and issuance of separate Public Works Department permits, as applicable.
6. A geotechnical study shall be provided, which specifically addresses the existing pavement condition along the project frontage on Commonwealth Avenue, including the intersection of East ChapmanAvenue and North Commonwealth Avenue. The project shall provide an AC pavement grind and overlay, from the curb to the median island ( half street width), along the project frontageon North CommonwealthAvenue and depending on the impacts of the number and severity of the utility cuts associated with the project, at a minimum along the # 3 and # 2 lanes on Chapman Avenue. The final extent and thickness of the pavement rehabilitation shall be determined based on the final geotechnical report recommendations and project construction and post -construction impact to the street.
7. Project will be required to upgrade the existing streetlights along project frontages that will include conversionfrom high voltage to low voltage system and/or upgrade to current City Standards including replacement of WHPS luminaires with City -approved LED luminaires Cooper Navion, GE Evolve or Leotek). The LED lighting shall produce lighting photometric similar to existing or better. This shall include installation of a new metered panel at a location approved by the City Engineer and Southern California Edison ( SCE).
8. Project shall provide pedestrian access easements on all sidewalks located on private property.
PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
9. Project shall maintain all proposed landscaping and aesthetically enhanced hardscape sidewalk paving) in the public right of way along all project frontages, including irrigation.
On -site irrigation shall be extended to the parkway.
10.All new driveway approaches shall be constructed in accordance with the City of Fullerton Standard No. 121-2 Commercial Driveway Approach, unless otherwise approved by the City Engineer. New driveway approaches along East Chapman Avenue and North Commonwealth Avenue shall be upgraded by installing two yellow cast -in -place detectable warning surfaces in conformance with City standards.
11. Public access to the adjacent sidewalks along the project frontage shall be maintained at all times during construction, unless approved by the Public Works Department.
12. For any traffic control needed in the public right of way, the developer shall provide and maintain all necessaryflag persons, barricades, delineators, signs, flashers, and anyother safety equipment as set forth in the latest publication of the State of California, Manual of Traffic Control, or as required by the Public Works Department permit requirements to ensure safe passage of pedestrian and vehicular traffic.
13.All work in the public right of way shall be constructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, latest edition, unless otherwise approved by the City Engineer. This includes supplements thereto and City of Fullerton Standard Drawings.
14. Landscaping in the public right- of-way shall be included on Landscape Plans and shall be subject to the review and approval of the City Arborist prior to Landscape Permit Issuance.
GRADING AND DRAINAGE
Site development pursuant to this project shall not result in the increase of storm water runoff and flow intensity to the adjacent properties or the street and shall continue to accept pre -development storm water runoff from adjacent private properties and public right of way.
2. A final grading plan shall be submitted to the Public Works Department, for review and approval, and a grading permit shall be issued prior to issuance of building permit. In addition to all retaining walls, any above - ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan.
3. The project shall prepare pre -construction and post - constructionHydrology and Hydraulics Study including a tributary area upstream of the proposed development. The size and alignment of on -site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Registered Engineer and shall be approved by the Public Works Department prior to issuance of grading permit.
4. Proposed site improvements shall have adequate clearance from existing drainage facilities supported by engineering calculations that are subject to Building Official' s review and approval.
PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
5. Site grading shall adhere to the approved grading plan. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer' s review and approval.
6. As -Built Grading Plan, signed and stamped by the Engineer of Record and Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit.
7. A Final Water Quality Management Plan shall be submitted and approved by the City Engineer prior to issuance of grading permit. The applicant shall submit three ( 3) hard copies of the Final WQMP (with the front page of each copy signed and stamped with wet ink application by a licensed California civil engineer), three ( 3) copies of the Plans ( each sheet signed and stamped with wet ink application by a licensed California civil engineer), and one (1) copy of all original (wet ink documentation) forms and certifications.
WATER AND SEWER
1. The project shall provide a master meter for domestic water with backflow, a master meter for fire service with backflow, install a backflow for existing meter that will be used for irrigation and fire hydrants per Fire Department requirement. Plumbing fixture count or water calculations shall be submitted to determine the meter sizes. Meters larger than 2" shall be an above -ground assembly and installed behind the property line.
2. A water improvement plan prepared by a licensed Civil Engineer will be required and must be submitted and approved by Public Works. Water permits, fees and bonds will be required for water improvements and must be obtained prior to issuance of building permit.
3. On -site fire lines, water lines, and fire hydrants shall be privately owned and maintained.
4. Existing water services at the existing site that will not be utilized shall be abandoned at the main per City Standard 646 and shall be shown on plans.
5. Water and fire assemblies shall be a minimum of 30" behind proposed screening and FDC shall be unobscured, consistent with the installation at 340 W. Commonwealth Avenue Fullerton Community Center).
6. DCDAs shall be located within 50' from a public fire hydrant or a new public hydrant shall be installed.
7. The project shall install a separate sewer lateral connection for sanitary purposes that will be connecting to an existing sewer main. Proposed sewer lateral shall be minimum 6" V.C.P. per City Standard Nos. 209A and 209B. Any existing lateral connections to be utilized for the development shall be video - inspected to determine their condition. Video shall be submitted to the Public Works/ Maintenance for review. If determined that the PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
existing connection( s) are in poor condition, they shall be replaced with new lateral connections per standard plans.
TRAFFIC ENGINEERING
All loading and unloading, maintenance activities, deliveries, ridesharing and delivery service pickup and drop- off activities, moving vehicles, etc. are to be accommodated and/ or conducted onsite and that such activities are not to block traffic lanes, fire lanes, bike lanes, sidewalks, and pedestrian pathways both on the public right-of-way and onsite. Designs of such facilities that directly abut a public street are subject to approval of the City Traffic Engineer.
2. The primary access driveway on Chapman Avenue shall be designed and signed for right - and left - in / right -out turning movements. The Chapman Avenue median shall be modified by the applicant to facilitate this designation. The secondary access driveway on Commonwealth Avenue shall be designed and signed for right - in / right -out turning movements.
3. A dedicated signing and striping plan, or plans will be required for all proposed traffic relatedwork in the public right-of-way. Such plans are to show full street widths, all relevant above and below ground facilities, and existing and proposed striping. Any proposed traffic signal work will require a complete traffic signal plans. Said plan shall be prepared by a licensed civil or traffic engineer and shall be approved by the City Traffic Engineer prior to issuance of a building permit.
4. The project applicant is to provide convenient and secure bicycle storage and accommodations for minor cycle repair of sufficient size onsite to accommodate significant bicycle usage by residents of the project. The project applicant is also to engage a professional bicycling expert to review site access, pathways, and building designs to provide suggestions to the project design team on creating a bicycle -friendly residential facility that encourages an active transportation lifestyle.
5. The project applicant shall work with OCTA to provide enhanced bus stop enclosures designed to accommodate resident demand and complement the building/ environment.
Enclosures shall be constructed and maintained by the Project.
6. The applicant shall make an alternative transportation contribution in the amount of 58, 000 payable to the City of Fullerton Traffic Engineering Division prior to the issuance of building permits. The amount of the payment shall be escalated each year, until paid to the City, based on the Consumer Price Index from the time of proiect approval. Said contribution shall be utilized as the proiect' s contribution to the following improvements to be implemented by the City. Payment satisfies the applicant' s compliance with the condition.
a. Restriping of the Chapman/ Commonwealth and Commonwealth/ Nutwood intersections with international style zebra crosswalks and advance limit lines; b. Modification to the traffic signal. markings and signs at the Commonwealth/ Nutwood PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
intersection to clearly delineate an exclusive movement for pedestrian and bicyclists crossing Nutwood Avenue and traffic signal modifications to provide red turn arrows Prohibiting vehicle movements when pedestrians and bicyclistsare crossing_. and c. Restrinina of Commonwealth from Chapman to Nutwood to install buffered bike lanes.
MAPPING AND RIGHT OF WAY
A parcel map shall be prepared in accordance with the Subdivision Map Act and submitted to the City of Fullerton and Orange County Surveyor' s Office for review and comment. The final map shall be prepared by a Licensed Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California, and shall be recorded with the County of Orange Recorder' s Office. Two copies of the recorded Map and a digital copy ( identical to that required by the County Surveyor) are to be submitted to the Public Works Department. A checklist for the first submittal of the final map is available on the City's website.
2. Existing public and private easements shall be shown on the parcel map and shall not be affected by the proposed development. Any modification to an existing public and/ or private easement shall be coordinated and approved by applicable easement owners.
3. The proposed sewer easement abandonment will need to be approved by the City Council prior to issuance of a building permit. Applicant shall provide separate legal descriptions and plats, prepared by a Land Surveyor licensed in the State of California, for all proposed City easement abandonments.
4. All facilities crossing lot lines shall be located in private easements.
5. All new easements shall be recorded concurrently with the recordation of parcel map.
6. The parcel map shall be recorded with the Orange County Recorder' s office within two years from the date of the tentative map approval.
7. The final parcel map shall be recorded with the Orange County Recorder' s Office prior to issuance of building permits. All cash fees and deposits shall be collected by the City prior to the recordation of the final map.
PERMITS, BONDS AND CASH
1. Prior to issuance of building permits, all public improvements shall be guaranteed to be installed by the execution of a Subdivision Improvement Agreement secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials, as required by the State Subdivision Map Act and in a form approved by the City Attorney.
2. Public Works Department expenses, including project management, plan check, inspection, review, processing of all plans and submittals, will be charged against the reimbursable account created for the project. An initial $ 10,000 shall be deposited with the PRJ 2020-00008
2601 - 2751 East Chapman Avenue ( The Hub)
Public Works Department concurrently with the first review submittal, by the City's consultants, of the grading plans, soils report, hydrology report, parcel map, and the WQMP. Any amount remaining in the account after completion of the project will be refunded to the project. If the amount deposited is insufficient to complete the project review and inspection process, additional deposit(s) will be required as necessary to finalize the project.
General Conditions:
1. All of the public improvements, studies, designs, plans, calculations and other requirements shall be installed, provided and supplied by the developer in accordance with City and State codes, policies and requirements at no cost to the City. All work shall comply with City standards and specifications and with the City of Fullerton Municipal Codes.
2. Before undertaking any grading or construction work of any type within the public right of way, the owner must first obtain the applicable permits from the Public Works Department.
3. During site improvement, all deliveries to the project site that are overweight or oversize will require a transportation permit from the Public Works Department.
4. The project shall utilize the City' s benchmarks. A list of the City's benchmarks is available on the City of Fullerton website.
5. Subdivision and Topographic Mapping shall be in the new horizontal datum NAD83 (2011) Epoch 2017. 50.
6. Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313.
7. Any controlling survey monumentation ( property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with Section 8771( b) of the California Business and Professions Code ( Professional Land Surveyors Act). Pre - construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Copies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post -construction Corner Records or Record of Survey filed with the County of Orange.
A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way.
8. All proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems, shall be installed underground; all existing facilities providing direct service to the development shall be undergrounded.
PRJ 2020-00008
2601 - 2751 East Chapman Avenue ( The Hub)
9. Applicant shall coordinate with local telecommunication providers to connect new services to each planned dwelling unit to install all their improvements in the public right of way prior to the rehabilitation of adjacent pavement.
September20211Mitigation Monitoring Program
HUB FULLERTON PROJECT
for City of Fullerton
Preparedfor:
City of Fullerton
Contact: Heather Allen, Planning Manager
303 W. Commonwealth Avenue
Fullerton, California 92832
714.738. 6884
Prepared by:
PlaceWorks
Contact: Nicole Vermilion, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966. 9220
info@placeworks. com
www. placeworks. com
PLACEWORKS
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
Table of Contents
Section Page
1. INTRODUCTION........................................................................................................................ 1
1. 1 PURPOSE OF MITIGATION MONITORING PROGRAM................................................................... 1
1.2 PROJECT LOCATION....................................................................................................................................... 1
1.3 PROJECT DESCRIPTION................................................................................................................................. 2
1.4 ENVIRONMENTAL IMPACTS........................................................................................................................ 4
2. MITIGATION MONITORING REQUIREMENTS.......................................................................... 7
2. 1 CATEGORIZED MITIGATION MEASURES/ MATRIX......................................................................... 7
2.2 CATEGORIZED CONDITIONS OF APPROVAL/ MATRIX............................................................... 11
3. REPORT PREPARATION......................................................................................................... 17
3. 1 LIST OF PREPARERS....................................................................................................................................... 17 September 2021
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
Table of Contents
List of Tables
Table 1 Project StatisticalSummary................................................................................................................. 2 Table 2 Mitigation Monitoring Requirements — Mitigation Measures........................................................ 9 Table 3 Mitigation Monitoring Requirements — Conditions of Approval............................................... 13
1. Introduction
1. 1 PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program (MMP) hasbeendevelopedto provide a vehicle bywhich to monitor mitigationmeasuresandconditionsof approvaloutlinedin theMitigatedNegativeDeclaration/Initial Study MND/ IS). TheMMP hasbeenpreparedin conformancewith Section21081.6of the PublicResourcesCode andCity of Fullerton policy. Section21081.6 states:
a) Whenmaking findings requiredby paragraph (1) of subdivision (a) of Section21081or when adopting a mitigated negativedeclarationpursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirementsshallapply:
1) The public agencyshalladopt a reporting or monitoring program for the changesmade to the project or conditions of project approval, adoptedin order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designedto ensurecomplianceduring projectimplementation. For thosechangeswhich havebeenrequiredor incorporatedinto theprojectat the requestof aresponsibleagency or apublic agencyhavingjurisdictionbylawovernaturalresourcesaffectedbytheproject, that agencyshall, if sorequestedby theleador responsibleagency, prepareandsubmita proposedreportingor monitoringprogram.
2) The lead agencyshall specify the location and custodian of the documents or other materialwhich constitutethe recordof proceedingsupon whichits decisionis based.
1.2 PROJECT LOCATION
The 3.55-acreproject siteis at 2601, 2701, and2751E Chapman Avenuein the City of Fullerton, Orange County, California (APNs 338-091-07, 338-091-05, 338-091- 06). The City of Fullerton is surrounded bythe citiesof Brea, La Habra, La Mirada, BuenaPark, Anaheim, and Placentia. Regionalaccessto theprojectsiteis providedby StateRoute (SR) 57 adjacentto the project siteand SR-91 approximately1.4 milesto the south.
The project site is at the northeast cornerof the E. ChapmanAvenueand N. CommonwealthAvenue intersectionnearthecity'seasternboundary. Placentiais ontheeastsideof N. PlacentiaAvenue, approximately
0.14mile to the east. The project siteis boundedby E. ChapmanAvenueto the south, multi -family residential usesto the north, N. CommonwealthAvenueto thewest, andSR-57southboundoff -ramp right-of-wayto the east. The project site is accessedvia two drivewayson E. ChapmanAvenue and one drivewayon N.
Commonwealth Avenue.
September 2021 Page 1
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
1.3 PROJECT DESCRIPTION
RequestedDiscretionaryApprovals
The City of Fullertonis the lead agencyunder CEQA andhasthe principal approvalauthorityover the proposedproject. In order to implement the proposedproject, the City requiresthe following discretionary approvals:
General Plan Revisionto changethe site'sexistingOffice landusedesignationto High Density Residential.
Zoning Amendment to changethe existing O-P (Office Professional) zoning classificationto SPD Specific Plan District).
Specific Plan to establish the development standards andland use regulatory framework applicable to the project site.
Major Site Plan for review of developmentconcept, including sitelayout, architecturaldesign, landscape design, andassociatedphysicaldesignfeatures.
Tentative Parcel Map to createoneparcelundercommon ownership.
Proposed Land Use
The project applicantproposesto developa six -story, 420-unit (1,251-bed) student -orientedhousingproject with 12,438squarefeetof neighborhood -supportingcommercialspaceon the ground floor on a3.55-acresite.
The six -storybuilding includesamezzanine. Table1, ProjectStatisticalSummary, providesthe statisticalsummary of theproposedlanduses. The proposedprojectwouldbeprocessedthroughaSpecificPlan.
Table 1 Project Statistical Summary
Use Building Floor Area(sq. ft. Population
Residential 413, 831 ( 420 units) 1,251 beds or 1,251 residents' Retail 12,438 31 employeesz
Amenity/Lobby 9,653 n/ a
Common ( Back of House/ Corridor) 48, 035 n/ a
Interior Subtotal 483, 957
ExteriorAmenity 10,758 n/ a
Garage 145,952 n/ a
Garage and Exterior Subtotal 156,710
Grand Total 640,667 1,282
i Theestimated population iscalculatedbasedonthetotalnumberof beds (1,251), assumingonepersonperbed. 2 Theestimatedemployeesarebasedon400squarefeetperemployeeforcommercialuses (Fullerton2012).
The new building would total 640,667 squarefeet of floor areaand include 413,831 squarefeet of fully furnishedresidentialunitswith 1,251bedsand12,438squarefeetground floor retailspacesaswellascommon areas, lobby, andgaragespaces. The SpecificPlanwould requirea minimum of 20 percentof the lot to be
HUB FULLERTON PROJECT MITJGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
allocatedto commonandprivateopenspaces, thatis, 30,928squarefeetof openspace.' Theproposedproject would provide acombinedtotal of 72,026 squarefeetof openspaceconsistingof 39,228 squarefeetof on - siteopenspacessuchaspaseo, patios, andoutdoordiningplazas; aroof deckwith barbequegrillsandfirepits totaling 10,765squarefeet; and 13,150squarefeetof private openspace, includingbalconiesandgroundlevel patios. The groundlevelpatioswould includehot tubs. Common amenitieswould include the leasingcenter, yogaarea, spa, fitness, lobby, trophy room, roof pool deck, pool, paseo, andbike storageroom, totaling8,883 squarefeet. The paseois designedasa semi-public open spaceareaon the ground floor adjacentto retailuses that includesseating, landscape, andpublic art.
Demolition and Site Preparation
The proposedprojectwouldrequiredemolitionof the existingfour office buildings ( totaling55,332square feet) and all associatedimprovements, including but not limited to the landscaping (trees, plants, and grass areas), driveways, parkinglot, andutilities. The existingwall alongthe northern propertyline would remainin place. After thedemolition, roughandfine gradingwouldprepare thesitefor theGeopier'sor equivalent gravel piersimpact foundationsystem. Insteadof over -excavating thesitefor the building foundation, Geopier's or equivalentgravelpiers impact foundation systemwould be used to provide support for the building.
Approximately 1,000 holeswould be advanceddown to the designdepth by speciallydesignedmandrel and tamperfoot. EachGeopierwouldbe approximately24-inchin diameterandinstalledapproximately8 feetdeep into thesoil. Theuniquedesignof the Geopierimpactsystemelirr satessoilspoilsanddisplacessoilslaterally, densifyingandreinforcingsoils. After the mandrelhasbeendrivento about8 feet, the hollow mandrelwould serveasaconduitfor aggregateplacement. The processdensifiesaggregateverticallyandthepatentedbeveled tamper foot forcesaggregatelaterallyinto cavity sidewalls. The proposedbuilding slabswould be supported on a grid of Geopier's or equivalentgravelpiersin suchway that the slabdoesnot receivesupport for the underlying soil.
Access and Parking
The proposedprojectwould be accessedvia adrivewayon E. ChapmanAvenuenearthe centerof theproject site that leadsto six levelsof parking garagein the northeasternpart of the project site. The E. Chapman drivewaywouldprovideaccessto theparkinggarageby turning right -in from westboundE. ChapmanAvenue, left - turnin from the left -turn pocket on eastboundE. ChapmanAvenue, andright -turn out onto westbound E. Chapman Avenue. No U- turn is allowed at the E. Chapman Avenue and N. Commonwealth Avenue intersection. The driveway on N. Commonwealth Avenue would allow one right - inand right -out for commercialdeliveries, wastepick-up, and emergency vehicles. The SpecificPlanincludesparkingstandardsof 3 spaces/1,000squarefeetfor commercialuses, 0.64spaceper unit for residentialuses, and0. 13spaceper unit for residentialguestspaces, requiringatotalof 362spaces. Theproposedprojectwouldprovide38retailspaces, 282residentialspaces, and56residentialguestspacesfor a total of 376parking spaces, exceedingtheSpecific Plan'sparkingstandards. The entirelevel 1 parkingareawould accommodate32 retailparking spaces, andthe additional6 retailparkingspaceswould beprovidedup therampin the mezzanine -levelparking. The parking garagewould alsoprovidecapacityfor parking197bicycles. Thebicycleparkingroomwouldbe equippedwith bike racks, and bike ownerswould need to provide their own locks to securethe bikes. The bicycleparking 1 3. 55 acres = 154, 638 square feet; 154, 638 SF x 20% = 30, 927. 6 square feet September 2021 Page 3
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
room accesswouldbe controlledbyafob -basedentrysystem. Residentialspaceswould bephysicallyseparated from the retail spaceson different levelsthrough a gateor similarmechanismcontrolled by a fob -basedentry system. Fireaccesswouldbeprovidedalong thenorthernboundaryfrom N. CommonwealthAvenue.
Utility Improvements
Water: The proposedprojectwould connectto the City's existinginfrastructureandwould be servedby the City'swater servicedivision. Thereareexisting8-inch and 10-inch waterlinesalongE. Chapman Avenueand N. CommonwealthAvenue, respectively. The proposedproject would connectto the existing water lineon E.
Chapman Avenue.
Wastewater. TheCityprovideswastewaterserviceto theprojectsiteandthereareexisting8-inch sewerlines along E. ChapmanAvenueandN. CommonwealthAvenue. The proposedproject would remove the existing 8-inch public sewerline that runs north -south through the site and construct a new 8-inch public sewerline, runningwest, along theprojectsite'snorthernboundarywithin theproposed20-foot sanitarysewer easement, which would connectto the existing8-inch seweron N. CommonwealthAvenue. The proposedproject would connect to this new sewer line.
Storm Drain. The proposedprojectwould construct on -site storm drains, which would connectinto an existing curb inlet near the intersection of E. Chapman Avenueand N. CommonwealthAvenue. The inlet dischargesvia anexisting18-inch storm drainlateralthatconnectsto anexisting42-inch storm drainmain that flows west under E. Chapman Avenue.
Other: The proposedproject includesabandoningan existing6-foot public electric easementthat runs east - west across the project site.
1.4 ENVIRONMENTAL IMPACTS
1.4. 1 Environmental Categories Determined to Have No Impact or Less Than Significant Impact Without Mitigation or Conditions of Approval The MND/ IS identified various thresholds from the CEQA Guidelines amonga number of environmental categoriesthat would not be significantlyimpactsby theproposedproject in Chapter3, EnvironmentalAnalysir.
These categoriesdid not requiremitigation or conditions of approval. Impacts to the following environmental resources were found to be less than significant or no impact:
Agriculture and Forestry Resources PopulationandHousing M Energy Recreation
Greenhouse Gas Emissions a Transportation
a Land Use andPlanning a Wildfire
Mineral Resources
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
1.4.2 Environmental Categories Determined to Have Less Than Significant Impact With Mitigation Incorporated
The MND/ IS concludedthat the proposed project could result in one or more potentially significant impacts in the following topic areas:
Air Quality
Geology and Soils
However, the MND/ IS also found that theseimpacts would be reduced, avoided, or substantiallylessened through theimplementationof mitigationmeasures, which arelistedin Table2, MitigationMonitoringRequirements Mitigation Measures.
1.4. 3 Environmental Categories Determined to Have Less Than Significant Impact But Conditions of Approval Were Incorporated
The MND/ IS did not identify potentially significantimpacts pertaining to below environmental categories, therefore, no mitigation measures have been incorporated. However, conditions of approval ( COA) have been incorporated asrequiredby The Fullerton Plan and other regionaland stateregulatoryrequirements, and are included in Table3, MitigationMonitoringRequirements —Conditionsof Approval, of this MMP.
Aesthetics
Biological Resources
Cultural Resources
Hazards and Hazardous Materials
Hydrology andWaterQuality
Noise
Public Services
Tribal Cultural Resources
Utilities and Service Systems
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HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
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6 PlaceWorks
2. Mitigation MonitoringRequirements
2. 1 CATEGORIZED MITIGATION MEASURES/ MATRIX
Project - specific mitigation measures ( MN have been categorized in matrix format, as shown in Table 2. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The MM matrix will serveasthe basis for scheduling theimplementation of, and compliancewith, all mitigation measures.
September 2021 Page 7
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. Mitigation MonitoringRequirements
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CITY OF FULLERTON
2. MitigationMonitoring Requirements
2.2 CATEGORIZED CONDITIONS OF APPROVALIMATRIX
Project - specific conditions of approval ( COAs) have been categorized in matrix format, as shown in Table 3.
The responsibilityand timing information on implementationof COAswill be provided aspart of a list of standardconditionsin theresolution for the project.
September 2021 Page 11
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. MitigationMonitoringRequirements
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3. Reaort Preparation
3. 1 LIST OF PREPARERS
City of Fullerton
Heather Allen, PlanningManager
PlaceWorks
Nicole Vermilion, Principal
Elizabeth Kim, Senior Associate
JasmineA. Osman, AssociateI
September 2021 Page 17
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
3. Report Preparation
Thi pageintentionallyleftblank.
City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2022- 007
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022-007 at a regular meeting of the City Council held on the January 18, 2022 by the following vote:
COUNCIL MEMBERS IN FAVOR:
COUNCIL MEMBERS OPPOSED:
COUNCIL MEMBERS ABSTAINED
COUNCIL MEMBERS ABSENT:
Leda Williams, MMC
C Clerk
Jung, Whitaker, Silva, Zahra
None
None
Dunlap
RESOLUTION NO. 2022- 008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP TPM 2020- 173 TO CREATE ONE LOT UNDER COMMON OWNERSHIP ON A 3.55-
ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF
CHAPMAN AND COMMONWEALTH AVENUES
PRJ2020- 00008 — ZON- 2020- 0074, SUB-2020- 0003, LRP- 2020- 0016, LRP- 2020- 0017, LRP- 2020- 0018
APPLICANT: CS ACQUISITION VEHICLE, LLC ( CORE SPACES)
PROPERTY OWNER: EDMUNDO F DIAZ AND LILIA M DIAZ TRUST AND 2751 CHAPMAN LLC
RECITALS:
WHEREAS, the Applicantfiled applicationswith the City of FullertonCommunityand Economic Development Department for a Major Site Plan ( ZON- 2020-0074), Tentative Parcel Map ( SUB- 2020- 0003), General Plan Revision ( LRP- 2020-0016), Zoning Amendment (LRP-2020-0017) and SpecificPlan (LRP-2020-0018) to developa 420- unit 1,251 bed) student -oriented housing projectwith 12,438 square feet of ground floor commercial space more specifically described as: Orange County Assessor' s Parcel Nos. 338- 091- 05, - 06, and - 07.
WHEREAS, the applicant has submitted a Revised Alternative Project with 377 units 1,103 beds) and 12,438 square feet of ground floor commercial space.
WHEREAS, the Planning Commission of the City of Fullerton, in compliance with the noticingrequirementsof FullertonMunicipalCode (FMC) Chapter 15.76, helda duly held a duly noticed public hearing for PRJ-2020-00008.
WHEREAS, FMC Section 16.03.030 authorizes the Planning Commission to act on a Tentative Parcel Map and FMC 15.76.060.0 establishesthat the City shall process multipleapplicationsfor the same project concurrentlyand reviewand approveor deny by the highest reviewauthority designated by the Title for any of the applications.
WHEREAS, the PlanningCommissionof the City of Fullerton recommendedthat City Council approve PRJ2020-00008 including Major Site Plan (ZON-2020-0074), Tentative Parcel Map ( SUB- 2020- 0003), General Plan Revision ( LRP- 2020- 0016), Zoning Amendment ( LRP- 2020- 0017) and Specific Plan ( LRP- 2020- 0018).
WHEREAS, the City of Fullerton, as LeadAgency, prepared an Initial Study / Mitigated Negative Declaration to identify the potential environmental impacts associated with the constructionand implementation ofthe project in conformancewith the provisionsof the Reso. No. 2022- 08
California Environmental Quality Act ( CEQA) ( California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines ( Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.).
WHEREAS, the Planning Commission and City Council have considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated August 2021 and Technical Appendices; the Final Initial Study including Comments, Responses to Comments and Errata dated September 2021; the Mitigation Monitoring and Reporting Program; the Hub Fullerton Alternative Project CEQA Memo and the administrative record during the public review process.
RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. In all respects as set forth in the Recitals of the Resolution.
2. City Council, pursuant to FMC Section 16.03.030 finds as follows:
Finding; The City Engineer and Director of Community and Economic Development shall examine each tentative parcel map by for its correctness and compliance with City ordinances and policies.
Fact: That Tentative Parcel Map No. 2020- 173 meets the requirements of Title 16 of the Fullerton Municipal Code and the State of California Subdivision Map Act. The City Engineer has reviewed the proposed map in relation to the provisions of Title 16 of the Fullerton Municipal Code and the Subdivision Map Act and has found the map in conformance with these regulations.
Finding: That Tentative Parcel Map No. 2020- 173 conforms to The Fullerton Plan, as follows:
Fact: The proposed subdivision will consolidate three lots with two owners into a single lot under common ownership the boundaries of which are coterminous with the area of the 3.55-acre site proposed to be redeveloped for student -oriented housing and neighborhood supporting commercial uses in furtherance of the Planning Objectives for the Education Focus Area of The Fullerton Plan. In so much as a building cannot cross property lines and the Applicant desires to acquire the existing three lots and construct the associated buildings over the extent of the property, the proposed subdivision conforms to The Fullerton Plan.
Fact: The project supports multiple goals of The Fullerton Plan supporting the Community Development and Design, Housing, Mobility, Bicycle, Growth Management, Noise, Economic Development, Revitalization, Public Safety, Public Reso. No. 2022- 08
Health, Parks and Recreation, Water, Air Quality and Climate Change and Integrated Waste Management Elements.
THEREFORE, the City Council does hereby approvesaid Tenatative Parcel Map SUB- 2020- 0003 / TPM 2020- 173, subject to the following conditions of approval:
1. Approval of this application is contingent on the approval of Major Site Plan ( ZON- 2020- 0074). Should City Council not approve Major Site Plan (ZON-2020-0074), Tentative Parcel Map (SUB-2020- 0003), General Plan Revision ( LRP- 2020- 0016), ZoningAmendment (LRP-2020-0017) and SpecificPlan (LRP-2020-0018) shall be similarly denied.
2. The construction and operation of the project shall comply with the Standard Conditions ( Exhibit A), Engineering Conditions of Approval ( Exhibit B) and Mitigation Monitoring and Reporting Program ( Exhibit C).
3. 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 that may be brought against the City arising out of its approval of this Resolution, save and except that caused by the City' s active negligence.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 18, 2022.
Fred Jung
Mayor
ATTEST:
Ada illiams, MMC
Cler
au o-, s Y -
Date
Attachments:
Exhibit A — Standard Conditions
Exhibit B — Engineering Conditions of Approval
Exhibit C — Mitigation Monitoring and Reporting Program Exhibit A
Standard Conditions
SC AES- 1 For future development located in or immediately adjacent to residentially zoned properties, construction documents shall include language that requires all construction contractors to strictly control the staging of construction equipment and the cleanliness of construction equipment stored or driven beyond the limits of the construction work area. Construction equipment shall be parked and staged within the project site, as distant from the residential use, as reasonably possible. Staging areas shall be screened from view from residential properties.
SC AES- 2 Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris.
SC AES- 3 Construction worker parking may be located off -site with prior approval by the City. On - street parking of construction worker vehicles on residential streets shall be prohibited.
SC AQ- 1 Prior to issuance of any Grading Permit, the Community and Economic Development Director and the Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD' s Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off - site. Implementation of the following measures would reduce short- term fugitive dust impacts on nearby sensitive receptors:
All active portions of the construction site shall be watered twice daily to prevent excessive amounts of dust;
Non -toxic soil stabilizers shall be applied to all inactive construction areas ( previously graded areas inactive for 20 days or more, assuming no rain), according to manufacturers' specifications;
All excavating and grading operations shall be suspended when wind gusts ( as instantaneous gust) exceed 25 miles per hour;
On -site vehicle speed shall be limited to 15 miles per hour; All on -site roads shall be paved as soon as feasible, watered twice daily, or chemically stabilized; Visible dust beyond the property line which emanates from the project shall be prevented to the maximum extent feasible;
All material transported off - site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site; Track -out devices shall be used at all construction site access points;
All delivery truck tires shall be watered down and/or scraped down prior to departing the job site; A construction relations officer shall be appointed to act as a community liaison concerning on -site construction activity including resolution of issues related to fugitive dust generation;
o Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads and use of SCAQMD Rule 1186and 1186.1 certified street sweepers or roadway; and
Replace ground cover in disturbed areas as quickly as possible.
SC AQ- 2 All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Highways), with special attention to Sections 23114( b)( F), ( e)( 4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall demonstrate to the City of Fullerton how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114( b)(F), e)( 4).
SC AQ- 3 The following measures shall be implemented to reduce VOC emissions resulting from application of architectural coatings:
Contractors shall use high -pressure - low -volume ( HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent;
Use required coatings and solvents with a VOC content lower than required under Rule 1113;
Construct/ build with materials that do not require painting; and Use pre -painted construction materials.
SC AQ- 4 Prior to issuance of any Grading Permit, the Community and Economic Development Director and the Building Official shall confirm that the Grading Plan, Building Plans and specifications stipulate that ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer.
Equipment maintenance records and equipment design specifications data sheets shall be kept on -site during construction. The City Inspector shall be responsible for ensuring that contractors comply with this measure during construction.
SC AQ- 6 Electricity from power poles shall be used instead of temporary diesel or gasoline powered generators to reduce the associated emissions. Approval shall be required by the City of Fullerton Building and Safety Division prior to issuance of grading permits.
SC AQ- 6 Each individual implementing development project shall submit a traffic control plan prior to the issuance of a grading permit. The traffic control plan shall describe in detail safe detours and provide temporary traffic control during construction activities for that project. To reduce traffic congestion, the plan shall include, as necessary, appropriate, and practicable, the following: temporary traffic controls such as a flag person during all phases of construction to maintain smooth traffic flow, dedicated turn lanes for movement of construction trucks and equipment on- and off -site, scheduling of construction activities that affect traffic flow on the arterial system to off-peak hour, consolidating truck deliveries, rerouting of construction trucks away from congested streets or sensitive receptors, and/ or signal synchronization to improve traffic flow.
SC AQ- 7 Building and grading permits shall include a restriction that limits idling of construction equipment on - site to no more than five minutes.
SC AQ- 8 Proposed development projects that are subject to CEQA shall have construction related air quality impacts analyzed using the latest available air emissions model, or other analytical method determined in conjunction with the SCAQMD. The results of the construction -related air quality impacts analysis shall be included in the development project's CEQA documentation. To address potential localized impacts, the air quality analysis may incorporate SCAQMD' s Localized Significance Threshold analysis or other appropriate analyses as determined in conjunction with SCAQMD. If such analyses identify potentially significant regional or local air quality impacts, the City shall require the incorporation of appropriate mitigation to reduce such impacts.
SC 13I0- 1 Existing trees on -site would be removed during construction; however, all vegetation removal would be conducted in accordance with applicable regulations to avoid impacts on nesting birds and avian species, and ensuring impacts are less than significant. Notably, construction activities would be completed in compliance with the federal Migratory Bird Treaty Act, and Sections 3503, 3503. 5, 3513 of the California Fish and Game Code, which protect active nests of avian species, including common raptor species, through the following measures, which will be Conditions of Approval for the project:
Removal of trees and vegetation shall be avoided, to the greatest extent possible, during the nesting season ( generally February 1 to August 31). If site -preparation activities are proposed during the nesting/ breeding season ( February 1 to August 31), a pre - construction nesting bird survey shall be conducted by a qualified Biologist within 72 hours prior to vegetation removal, to determine if active nests of species protected by the MBTA orthe California Fish and Game Code are present in the construction zone. If active nests are not located, construction may be conducted during the nesting/ breeding season.
If the biologist finds an active nest on the Project site and determines that the nest may be impacted, the Biologist shall delineate an appropriate buffer zone around the nest. The size of the buffer shall be determined by the Biologist, and shall be based on the nesting species, its sensitivity to disturbance, expected types of disturbance, and location in relation to the construction activities. These buffers are typically 300 feet from the nests of non -listed species and 500feet from the nests of raptorsand listed species. Any active nests observed during the survey shall be mapped on an aerial photograph. Only construction activities ( if any) that have been approved by a Biological Monitor shall take place within the buffer zone until the nest is vacated. The Biologist shall serve as a Construction Monitor when construction activities take place near active nest areas to ensure that no inadvertent impacts on these nests occur. Results of the pre -construction survey and any subsequent monitoring shall be provided to the City.
SC 113I0-2 All tree plantings, removals, or alterations associated with the project shall be conducted in accordance with the requirements set forth in the Fullerton Community Forestry Ordinance Fullerton Municipal Code, Chapter 9.06 et seq.). Specifically, in compliance with Section
9.06. 090, Planting Trees, prior to the issuance of a building permit, the Applicant/ Developer shall submit a Plot Plan of the proposed development so the Director of Development Services can determine the tree requirements for site development. The plot plan shall:
1. Clearly show all existing trees, noting location, species, size, and condition;
2. Note whether existing trees will be retained, removed, or relocated;
3. Show proposed utilities, driveways, sidewalks and tree planting locations, and the size and species of proposed street trees; and
4. Conform with ground and aerial setback specifications, as defined in the Community Forest Management Plan.
SC CRA In the event that cultural resources ( archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to CR-2, the project proponent shall retain a qualified professional ( i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), subject to approval by the City of Fullerton, to evaluate the significance of the finding and appropriate course of action ( refer to Mitigation Measures CR- 1, CR- 2, and CR- 4 in The Fullerton Plan EIR). If avoidance of the resource( s) is not feasible, salvage operation requirements pursuant to Section 15064. 5 of the CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
SC CR- 2 In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097. 98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission NAHC). The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.
SC GEO- 1 The proposed project is required to conform to the seismic design parameters of the 2019 California Building Code and the 2019 California Green Building Standards Code ( or applicable adopted code at the time of plan submittal or permit issuance), as set forth in Title 14 of the City of Fullerton' s Municipal Code at the time the grading plans are submitted.
SC HAZA Prior to potential remedial excavation and grading activities, impacted areas shall be cleared of all maintenance equipment and materials ( e.g., solvents, grease, waste oil), construction materials, miscellaneous stockpiled debris ( e.g., scrap metal, pallets, storage bins, construction parts), above ground storage tanks, surface trash, piping, excess vegetation and other deleterious materials. These materials shall be removed off - site and properly disposed of at an approved disposal facility. Once removed, a visual inspection of the areas beneath the removed materials shall be performed. Any stained soils observed underneath the removed materials shall be sampled. In the event concentrations of materials are detected above regulatory cleanup levels during demolition or construction activities, the project Applicant shall comply with the following measures in accordance with federal, State, and local requirements:
Excavation and disposal at a permitted, off -site facility; On -site remediation, if necessary; or
Other measures as deemed appropriate by the City of Fullerton Fire Department.
SC HAZ- 2 Prior to structural demolition activities, a Certified Environmental Professional shall confirm the presence or absence of asbestos - containing materials ( ACMs) and lead based paints LBPs). Should ACMs or LBPs be present, an Operations and Maintenance ( O& M) Program shall be implemented, and demolition materials containing ACMs and/ or LBPs shall be removed and disposed of at an appropriate permitted facility.
SC HAZ- 3 Prior to construction, the project Applicant shall prepare a Traffic Control Plan for implementation during the construction phase, as deemed necessary by the City Traffic Engineer. The Plan may include the following provisions, among others:
At least one unobstructed lane shall be maintained in both directions on surrounding roadways.
At any time only a single lane is available, the Applicant shall provide a temporary traffic signal, signal carriers ( i.e., flag persons), or other appropriate traffic controls to allow travel in both directions.
o If construction activities require the complete closure of a roadway segment, the Applicant shall provide appropriate signage indicating detours/alternative routes.
SC HAZ- 4 The City Community and Economic Development Department shall consult with the Fullerton Police Department to disclose temporary closures and alternative travel routes, in order to ensure adequate access for emergency vehicles when construction of a development results in temporary lane or roadway closures.
SC HYD- 1 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of Engineering, a Water Quality Management Plan ( WQMP), which includes post - construction Best Management Practices ( BMPs) that would be implemented as part of the project, in accordance with the Orange County Drainage Area Management Plan ( DAMP), the General MS4 Permit ( RWQCB Order No. R8- 2009-0030, as amended), and the City of Fullerton's Water Quality Ordinance ( Chapter 12.18 of the Fullerton Municipal Code). All BMPs of the WQMP shall be implemented during the operation phase. The project Applicant shall comply with the BMPs detailed in the WQMP, and other measures as the City deems necessary to mitigate potential water quality impacts.
SC HYD- 2 Prior to issuance of any Grading Permit, future development projects shall prepare, to the satisfaction of the Director of Engineering, a Water Quality Management Plan or Stormwater Mitigation Plan, which includes Best Management Practices ( BMPs), in accordance with the Orange County DAMP. All recommendations in the Plan shall be implemented during post construction/operation phase. The project applicant shall comply with each of the recommendations detailed in the Study, and other such measure( s) as the City deems necessary to mitigate potential water quality impacts.
SC HYD- 3 Prior to site plan approval, the project owner/ developer( s) shall be required to coordinate with the City of Fullerton Engineering Department to determine requirements necessary to mitigate impacts to drainage improvements in order to accommodate storage volumes and flood protection for existing and future runoff. Proposed projects shall implement mitigation measures, if required, to the satisfaction of the City of Fullerton Public Works Director. For any new storm drainage projects/studies that have the potential to impact adjacent jurisdictions' storm drainage systems, the developer shall submit said studies to the applicable jurisdiction for review and approval.
SC NOIA Project Applicant shall ensure through contract specifications that construction Best Management Practices ( BMPs) be implemented by contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit ( whichever is issued first). The construction BMPs shall include the following:
o Ensure that construction equipment is properly muffled according to industry standards and be in good working condition.
Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.
Schedule high noise -producing activities between the hours of 7:00 AM and 8:00 PM on any day except Sunday or a City -recognized holiday to minimize disruption on sensitive uses.
Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
Construction - related equipment, including heavy- duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.
Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party.
SC N0I- 2 Project Applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible.
Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
SC NOI- 3 Project applicants shall ensure by contract specifications that construction staging areas along with the operation of earthmoving equipment within the city would be located as far away from vibration and noise sensitive sites as possible. Should construction activities take place within 25 feet of an occupied structure, a project specific vibration impact analysis shall be conducted. Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.
SC NOI- 4 The City shall require mechanical equipment from future development to be placed as far practicable from sensitive receptors. Additionally, the following shall be considered prior to HVAC installation: proper selection and sizing of equipment, installation of equipment with proper acoustical shielding, and incorporating the use of parapets into the building design.
SC NOI- 5 Prior to approval of building plans, project applicant shall comply with the California Code of Regulations, Title 24, Chapter 12, and submit an acoustical study for review and approval by the City's Community and Economic Development Department demonstrating that the structure design limits interior noise in habitable rooms to 45 dBA CNEL/ Ldn.
SC SCH- 1 Prior to the issuance of building permits, individual project applicants shall submit evidence to the City of Fullerton that legally required school impact fees have been paid per the mitigation established by the applicable school district.
SC PS- 1 In accordance with Chapter 21. 12 of the City of Fullerton Municipal Code, prior to the issuance of each building permit, the Applicant shall pay the most current park dwelling fee and/or negotiated park fees to the City. All money collected as fees imposed by Chapter
21. 12 shall be deposited in the park dwelling fund and used for the acquisition, development, and improvement of public parks and recreational facilities in the City, as proposed by the City' s Five -Year Capital Improvement Program. The Community and Economic Development Department shall confirm compliance with this requirement prior to issuance of a building permit.
PROJECT: PRJ 2020- 00008
Site Address: 2601 - 2751 East Chapman Avenue ( The Hub) Date: 9/ 23/ 2021; modified 12/ 20/ 21
ENGINEERING CONDITIONS OF APPROVAL
Project Specific:
PROJECT FRONTAGE IMPROVEMENTS
The project shall dedicate additional street right-of-way to the City of Fullerton at the northeast corner of the East Chapman Avenue and North Commonwealth Avenue intersection to comply with City Standard No. 123, Sidewalk Return. Prior to issuance of a building permit, a signed and stamped legal description and plot prepared by a licensed surveyor shall be submitted to the City of Fullerton Public Works Department for review approval.
2. All damaged and/or substandard public improvements shall be removed and replaced per City standards, unless approved by the City Engineer.
3. Existing driveway approach(s) that will not be utilized by the proposed development shall be removed and reconstructed with a standard full height curb and gutter, and concrete sidewalk.
4. Any proposed driveway approaches shall comply with current City Standards.
5. Separate street improvement plans shall be prepared for applicable public improvements.
The plans shall be submitted to the Public Works Department for review, approval, and issuance of separate Public Works Department permits, as applicable.
6. A geotechnical study shall be provided, which specifically addresses the existing pavement condition along the project frontage on Commonwealth Avenue, including the intersection of East Chapman Avenue and North Commonwealth Avenue. The project shall provide an AC pavement grind and overlay, from the curb to the median island ( half street width), along the project frontage on North Commonwealth Avenue and depending on the impacts of the number and severity of the utility cuts associated with the project, at a minimum along the # 3 and # 2 lanes on Chapman Avenue. The final extent and thickness of the pavement rehabilitation shall be determined based on the final geotechnical report recommendations and project construction and post -construction impact to the street.
7. Project will be required to upgrade the existing streetlights along project frontages that will include conversion from high voltage to low voltage system and/or upgrade to current City Standards including replacement of WHIPS luminaires with City -approved LED luminaires Cooper Navion, GE Evolve or Leotek). The LED lighting shall produce lighting photometric similar to existing or better. This shall include installation of a new metered panel at a location approved by the City Engineer and Southern California Edison (SCE).
8. Project shall provide pedestrian access easements on all sidewalks located on private property.
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2601 - 2751 East Chapman Avenue ( The Hub)
9. Project shall maintain all proposed landscaping and aesthetically enhanced hardscape sidewalk paving) in the public right of way along all project frontages, including irrigation.
On -site irrigation shall be extended to the parkway.
10.All new driveway approaches shall be constructed in accordance with the City of Fullerton Standard No. 121-2 Commercial Driveway Approach, unless otherwise approved by the City Engineer. New driveway approaches along East Chapman Avenue and North Commonwealth Avenue shall be upgraded by installing two yellow cast -in -place detectable warning surfaces in conformance with City standards.
11. Public access to the adjacent sidewalks along the project frontage shall be maintained at all times during construction, unless approved by the Public Works Department.
12. For any traffic control needed in the public right of way, the developer shall provide and maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest publication of the State of California, Manual of Traffic Control, or as required by the Public Works Department permit requirements to ensure safe passage of pedestrian and vehicular traffic.
13.All work in the public right of way shall be constructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, latest edition., unless otherwise approved by the City Engineer. This includes supplements thereto and City of Fullerton Standard Drawings.
14. Landscaping in the public right- of-way shall be included on Landscape Plans and shall be subject to the review and approval of the City Arborist prior to Landscape Permit Issuance.
GRADING AND DRAINAGE
1. Site development pursuant to this project shall not result in the increase of storm water runoff and flow intensity to the adjacent properties or the street and shall continue to accept pre -development storm water runoff from adjacent private properties and public right of way.
2. A final grading plan shall be submitted to the Public Works Department, for review and approval, and a grading permit shall be issued prior to issuance of building permit. In addition to all retaining walls, any above - ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan.
3. The project shall prepare pre -construction and post - construction Hydrology and Hydraulics Study including a tributary area upstream of the proposed development. The size and alignment of on -site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Registered Engineer and shall be approved by the Public Works Department prior to issuance of grading permit.
4. Proposed site improvements shall have adequate clearance from existing drainage facilities supported by engineering calculations that are subject to Building Official' s review and approval.
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2601 - 2751 East Chapman Avenue ( The Hub)
5. Site grading shall adhere to the approved grading plan. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer' s review and approval.
6. As -Built Grading Plan, signed and stamped by the Engineer of Record and Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit.
7. A Final Water Quality Management Plan shall be submitted and approved by the City Engineer prior to issuance of grading permit. The applicant shall submit three ( 3) hard copies of the Final WQMP ( with the front page of each copy signed and stamped with wet ink application by a licensed California civil engineer), three ( 3) copies of the Plans ( each sheet signed and stamped with wet ink application by a licensed California civil engineer), and one ( 1) copy of all original ( wet ink documentation) forms and certifications.
WATER AND SEWER
1. The project shall provide a master meter for domestic water with backflow, a master meter for fire service with backflow, install a backflow for existing meter that will be used for irrigation and fire hydrants per Fire Department requirement. Plumbing fixture count or water calculations shall be submitted to determine the meter sizes. Meters larger than 2" shall be an above -ground assembly and installed behind the property line.
2. A water improvement plan prepared by a licensed Civil Engineer will be required and must be submitted and approved by Public Works. Water permits, fees and bonds will be required for water improvements and must be obtained prior to issuance of building permit.
3. On -site fire lines, water lines, and fire hydrants shall be privately owned and maintained.
4. Existing water services at the existing site that will not be utilized shall be abandoned at the main per City Standard 646 and shall be shown on plans.
5. Water and fire assemblies shall be a minimum of 30" behind proposed screening and FDC shall be unobscured, consistent with the installation at 340 W. Commonwealth Avenue Fullerton Community Center).
6. DCDAs shall be located within 50' from a public fire hydrant or a new public hydrant shall be installed.
7. The project shall install a separate sewer lateral connection for sanitary purposes that will be connecting to an existing sewer main. Proposed sewer lateral shall be minimum 6" V.C. P. per City Standard Nos. 209A and 209B. Any existing lateral connections to be utilized for the development shall be video -inspected to determine their condition. Video shall be submitted to the Public Works/ Maintenance for review. If determined that the PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
existing connection( s) are in poor condition, they shall be replaced with new lateral connections per standard plans.
TRAFFIC ENGINEERING
All loading and unloading, maintenance activities, deliveries, ridesharing and delivery service pickup and drop-off activities, moving vehicles, etc. are to be accommodated and/ or conducted onsite and that such activities are not to block traffic lanes, fire lanes, bike lanes, sidewalks, and pedestrian pathways both on the public right-of-way and onsite. Designs of such facilities that directly abut a public street are subject to approval of the City Traffic Engineer.
2. The primary access driveway on Chapman Avenue shall be designed and signed for right - and left - in / right -out turning movements. The Chapman Avenue median shall be modified by the applicant to facilitate this designation. The secondary access driveway on Commonwealth Avenue shall be designed and signed for right - in / right -out turning movements.
3. A dedicated signing and striping plan, or plans will be required for all proposed traffic related work in the public right-of-way. Such plans are to show full street widths, all relevant above and below ground facilities, and existing and proposed striping. Any proposed traffic signal work will require a complete traffic signal plans. Said plan shall be prepared by a licensed civil or traffic engineer and shall be approved by the City Traffic Engineer prior to issuance of a building permit.
4. The project applicant is to provide convenient and secure bicycle storage and accommodations for minor cycle repair of sufficient size onsite to accommodate significant bicycle usage by residents of the project. The project applicant is also to engage a professional bicycling expert to review site access, pathways, and building designs to provide suggestions to the project design team on creating a bicycle -friendly residential facility that encourages an active transportation lifestyle.
5. The project applicant shall work with OCTA to provide enhanced bus stop enclosures designed to accommodate resident demand and complement the building/ environment.
Enclosures shall be constructed and maintained by the Project.
6. The applicant shall make an alternative transportation contribution in the amount of 58, 000 payable to the City of Fullerton Traffic Engineering Division prior to the issuance of building permits. The amount of the payment shall be escalated each year, until paid to the City, based on the Consumer Price Index from the time of project approval. Said contribution shall be utilized as the project' s contribution to the following improvements to be implemented by the City. Payment satisfies the applicant' s compliance with the condition.
a. Restriping of the Chapman/ Commonwealth and Commonwealth/ Nutwood intersections with international style zebra crosswalks and advance limit lines:
b. Modification to the traffic signal, markings and signs at the Commonwealth/ Nutwood PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
intersection to clearly delineate an exclusive movement for pedestrian and bicyclists crossing Nutwood Avenue and traffic signal modifications to provide red turn arrows prohibiting vehicle movements when pedestrians and bicyclists are crossing, and c. Restriping of Commonwealth from Chapman to Nutwood to install buffered bike lanes.
MAPPING AND RIGHT OF WAY
1. A parcel map shall be prepared in accordance with the Subdivision Map Act and submitted to the City of Fullerton and Orange CountySurveyor's Office for review and comment. The final map shall be prepared by a Licensed Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California, and shall be recorded with the County of Orange Recorder's Office. Two copies of the recorded Map and a digital copy ( identical to that required by the County Surveyor) are to be submitted to the Public Works Department. A checklist for the first submittal of the final map is available on the City' s website.
2. Existing public and private easements shall be shown on the parcel map and shall not be affected by the proposed development. Any modification to an existing public and/or private easement shall be coordinated and approved by applicable easement owners.
3. The proposed sewer easement abandonment will need to be approved by the City Council prior to issuance of a building permit. Applicant shall provide separate legal descriptions and plats, prepared by a Land Surveyor licensed in the State of California, for all proposed City easement abandonments.
4. All facilities crossing lot lines shall be located in private easements.
5. All new easements shall be recorded concurrently with the recordation of parcel map.
6. The parcel map shall be recorded with the Orange County Recorder's office within two years from the date of the tentative map approval.
7. The final parcel map shall be recorded with the Orange County Recorder' s Office prior to issuance of building permits. All cash fees and deposits shall be collected by the City prior to the recordation of the final map.
PERMITS, BONDS AND CASH
1. Prior to issuance of building permits, all public improvements shall be guaranteed to be installed by the execution of a Subdivision Improvement Agreement secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials, as required by the State Subdivision Map Act and in a form approved by the City Attorney.
2. Public Works Department expenses, including project management, plan check, inspection, review, processing of all plans and submittals, will be charged against the reimbursable account created for the project. An initial $ 10, 000 shall be deposited with the PRJ 2020- 00008
2601 - 2751 East Chapman Avenue ( The Hub)
Public Works Department concurrently with the first review submittal, by the City' s consultants, of the grading plans, soils report, hydrology report, parcel map, and the WQMP. Any amount remaining in the account after completion of the project will be refunded to the project. If the amount deposited is insufficient to complete the project review and inspection process, additional deposit( s) will be required as necessary to finalize the project.
General Conditions:
1. All of the public improvements, studies, designs, plans, calculations and other requirements shall be installed, provided and supplied by the developer in accordance with City and State codes, policies and requirements at no cost to the City. All work shall comply with City standards and specifications and with the City of Fullerton Municipal Codes.
2. Before undertaking any grading or construction work of any type within the public right of way, the owner must first obtain the applicable permits from the Public Works Department.
3. During site improvement, all deliveries to the project site that are overweight or oversize will require a transportation permit from the Public Works Department.
4. The project shall utilize the City's benchmarks. A list of the City's benchmarks is available on the City of Fullerton website.
5. Subdivision and Topographic Mapping shall be in the new horizontal datum NAD83 (2011) Epoch 2017. 50.
6. Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313.
7. Any controlling survey monumentation ( property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with Section 8771( b) of the California Business and Professions Code ( Professional Land Surveyors Act). Pre -construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Copies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post -construction Corner Records or Record of Survey filed with the County of Orange.
A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way.
8. All proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems, shall be installed underground; all existing facilities providing direct service to the development shall be undergrounded.
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2601 - 2751 East Chapman Avenue ( The Hub)
9. Applicant shall coordinate with local telecommunication providers to connect new services to each planned dwelling unit to install all their improvements in the public right of way prior to the rehabilitation of adjacent pavement.
September20211Mitigation Monitoring Program
HUB FULLERTON PROJECT
for City of Fullerton
Preparedfor:
City of Fullerton
Contact: Heather Allen, Planning Manager
303 W. Commonwealth Avenue
Fullerton, California 92832
714. 738. 6884
Prepared by:
PlaceWorks
Contact: Nicole Vermilion, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714. 966. 9220
info@placeworks. com
www. placeworks. com
sm
1129PLACEWORKS
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
Table of Contents
1. INTRODUCTION........................................................................................................................ 1
1. 1 PURPOSE OF MITIGATION MONITORING PROGRAM................................................................... 1
1. 2 PROJECT LOCATION....................................................................................................................................... 1
1. 3 PROJECT DESCRIPTION................................................................................................................................. 2
1. 4 ENVIRONMENTAL IMPACTS........................................................................................................................ 4
2. MITIGATION MONITORING REQUIREMENTS.......................................................................... 7
2. 1 CATEGORIZED MITIGATION MEASURES/ MATRIX......................................................................... 7
2.2 CATEGORIZED CONDITIONS OF APPROVAL/ MATRIX............................................................... 11
3. REPORT PREPARATION......................................................................................................... 17
3. 1 LIST OF PREPARERS....................................................................................................................................... 17 September 2021 Page i
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
Table of Contents
List of Tables
Table Pagg
Table 1 Project StatisticalSummary................................................................................................................. 2 Table 2 Mitigation Monitoring Requirements — Mitigation Measures........................................................ 9 Table 3 Mitigation Monitoring Requirements — Conditions of Approval............................................... 13 Page ii PlaceVorks
1. Introduction
1. 1 PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program (MMP) hasbeendevelopedto provide a vehicleby which to monitor mitigation measuresandconditionsof approvaloutlinedin the MitigatedNegativeDeclaration/Initial Study RIND/ IS). The MMP hasbeenpreparedin conformancewith Section21081.6 of the PublicResourcesCode andCityof Fullertonpolicy. Section21081.6 states:
a) Whenmakingfindingsrequiredby paragraph (1) of subdivision (a) of Section21081or when adopting a mitigated negativedeclarationpursuant to paragraph (2) of subdivision (c) of Section 21080, thefollowing requirementsshallapply:
1) The public agencyshall adopt a reporting or monitoring program for the changesmade to the project or conditionsof project approval, adoptedin order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designedto ensurecomplianceduringproject implementation. For thosechangeswhich have beenrequired or incorporatedinto the project at the requestof aresponsibleagency or apublic agencyhavingjurisdictionbylawovernaturalresourcesaffectedby theproject, that agencyshall, if so requested bythe leador responsibleagency, prepareandsubmit a proposedreportingor monitoring program.
2) The lead agencyshall specify the location and custodian of the documents or other materialwhich constitutetherecordof proceedingsuponwhich its decisionis based.
1.2 PROJECT LOCATION
The 3.55-acreproject site is at 2601, 2701, and 2751 E ChapmanAvenuein the City of Fullerton, Orange County, California (APNs 338-091-07, 338-091-05, 338-091-06). The Cityof Fullertonis surroundedby the citiesof Brea, La Habra, La Mirada, BuenaPark, Anaheim, andPlacentia. Regionalaccessto the project siteis provided by StateRoute (SR) 57 adjacentto the project site and SR-91 approximately1.4 miles to the south.
The project site is at the northeast corner of the E. Chapman Avenueand N. CommonwealthAvenue intersectionnearthe city'seasternboundary. Placentiais on theeastsideof N. PlacentiaAvenue, approximately
0.14mile to the east. The project siteis bounded byE. ChapmanAvenueto the south, multi -family residential usesto the north, N. CommonwealthAvenueto the west, and SR-57 southboundoff -ramp right-of-wayto the east. The project site is accessedvia two drivewayson E. Chapman Avenueand one drivewayon N.
Commonwealth Avenue.
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HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
1.3 PROJECT DESCRIPTION
RequestedDiscretionaryApprovals
The City of Fullerton is the lead agencyunder CEQA and has the principal approvalauthority over the proposedproject. In orderto implementthe proposedproject, the City requiresthe followingdiscretionary approvals:
General PlanRevisionto changethesite'sexistingOfficelandusedesignationto High DensityResidential.
Zoning Amendment to changethe existing O-P ( Office Professional) zoning classificationto SPD Specific Plan District).
Specific Plan to establishthe developmentstandardsandland useregulatory framework applicableto the project site.
Major Site Plan for reviewof developmentconcept, including sitelayout, architecturaldesign, landscape design, andassociatedphysicaldesignfeatures.
Tentative Parcel Map to createone parcelunder common ownership.
Proposed Land Use
The project applicantproposesto developa six -story, 420-unit (1,251-bed) student -oriented housingproject with 12,438 squarefeetof neighborhood -supportingcommercialspaceon theground floor on a3.55-acresite.
The six -storybuilding includesa mezzanine. Table1, PrjectStatisticalSummary, provides the statisticalsummaryof theproposedland uses. The proposedproject would be processedthrough a SpecificPlan. Table 1 Project StatisticalSummary Use
Building Floor Area (sq. ft.) Population Residential
413, 831 (420 units) 1, 251bedsor 1, 251residents' Retail 12, 43831 employeeszAmenity/
Lobby 9, 653n/ a Common (
Back of House/Corridor) 48, 035n/ a Interior
Subtotal483, 957 Exterior
Amenity10, 758n/ a Garage
145, 952 n/ a Garage
and ExteriorSubtotal 156, 710 Grand
Total 640, 667 1, 2821
The estimatedpopulationis calculatedbased on thetotalnumberof beds (1, 251), assumingone personper bed. 2 The
estimatedemployeesare basedon 400squarefeet per employeefor commercialuses ( Fullerton2012). The new buildingwould total 640, 667squarefeet of floorarea and include413, 831squarefeet of fullyfurnished residentialunits with 1, 251bedsand 12, 438squarefeet groundfloor retailspacesas wellas commonareas, lobby, and garagespaces. The SpecificPlan wouldrequirea minimumof 20 percentof thelot to bePage 2 PlacelPlorks
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
allocatedto common andprivate openspaces, thatis, 30,928squarefeet of open space.' The proposedproject would provide acombinedtotal of 72,026 squarefeetof open spaceconsistingof 39,228 squarefeetof on - siteopenspacessuchaspaseo, patios, andoutdoor diningplazas; aroof deckwith barbequegrills andfire pits totaling 10,765squarefeet; and 13,150squarefeetof privateopenspace, includingbalconiesandgroundlevel patios. Thegroundlevelpatioswouldincludehot tubs. Commonamenitieswouldincludetheleasingcenter, yogaarea, spa, fitness, lobby, trophyroom, roof pool deck, pool, paseo, andbike storageroom, totaling8,883 squarefeet. Thepaseoisdesignedasa semi-publicopenspaceareaon thegroundfloor adjacentto retailuses that includes seating, landscape, and public art.
Demolition and Site Preparation
The proposedproject would requiredemolition of the existingfour office buildings (totaling 55,332 square feet) and all associatedimprovements, including but not limited to the landscaping (trees, plants, and grass areas), driveways, parkinglot, andutilities. The existingwall alongthe northern property line would remainin place. After thedemolition, roughandfine gradingwouldpreparethe sitefor theGeopier'sor equivalentgravel piersimpact foundationsystem. Insteadof over -excavatingthe sitefor the building foundation, Geopier's or equivalent gravel piers impact foundation systemwould be used to provide support for the building.
Approximately1,000holeswouldbe advanceddownto the designdepthby speciallydesignedmandreland tamperfoot. EachGeopierwouldbe approximately24-inchin diameterandinstalledapproximately8 feetdeep into the soil. Theuniquedesignof the Geopierimpactsystemeliminatessoil spoilsanddisplacessoilslaterally, densifyingandreinforcingsoils. After themandrelhasbeendrivento about8 feet, thehollowmandrelwould serveasa conduit for aggregateplacement. The process densities aggregateverticallyandthe patentedbeveled tamperfoot forcesaggregatelaterallyinto cavitysidewalls. The proposedbuildingslabswouldbe supportedon a grid of Geopier's or equivalentgravelpiers in suchwaythat the slab doesnot receivesupport for the underlying soil.
Access and Parking
Theproposedprojectwouldbeaccessedvia a drivewayon E. ChapmanAvenuenearthecenterof theproject site that leadsto six levelsof parking garagein the northeasternpart of the project site. The E. Chapman drivewaywould provide accessto the parkinggarageby turning right -in from westboundE. ChapmanAvenue, left -turn in from theleft -turn pocketon eastboundE. Chapman Avenue, andright -turn out onto westbound E. Chapman Avenue. No U- turn is allowed at the E. Chapman Avenue and N. Commonwealth Avenue intersection. The driveway on N. Commonwealth Avenue would allow one right - inand right - outfor commercialdeliveries, wastepick-up, andemergencyvehicles. TheSpecific Plan includesparkingstandardsof 3 spaces/1,000squarefeetfor commercialuses, 0.64 spaceper unit for residentialuses, and0.13spaceper unit for residentialguestspaces, requiringatotalof 362spaces. Theproposedprojectwould provide38retailspaces, 282residentialspaces, and56 residentialguestspacesfor a total of 376parking spaces, exceedingtheSpecific Plan'sparking standards. The entirelevel1 parkingareawould accommodate32retail parkingspaces, and the additional6 retailparkingspaceswouldbeprovidedup therampin the mezzanine -levelparking. Theparking garagewould alsoprovidecapacityfor parking197bicycles. The bicycleparkingroom wouldbeequippedwith bike racks, andbike ownerswould needto provide their own locks to securethe bikes. The bicycleparking 1 3. 55 acres = 154, 638 square feet; 154, 638 SF x 20% = 30, 927. 6 square feet September 2021 Page 3
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
room accesswouldbe controlledby afob -basedentrysystem. Residentialspaceswould bephysicallyseparated from the retail spaceson differentlevelsthroughagateor similarmechanismcontrolledby a fob -basedentry system. Fire accesswould beprovidedalongthe northernboundaryfrom N. CommonwealthAvenue.
Utility Improvements
Water: Theproposedprojectwouldconnectto the City'sexistinginfrastructureandwouldbe served bythe City'swaterservicedivision. Thereareexisting8-inch and10-inchwaterlinesalongE. ChapmanAvenue and N. CommonwealthAvenue, respectively. The proposedprojectwould connect tothe existing waterline on E.
Chapman Avenue.
Wastewater. The Cityprovideswastewaterserviceto the project siteand thereareexisting8-inch sewerlines alongE. Chapman AvenueandN. CommonwealthAvenue. Theproposedprojectwould removetheexisting 8-inch public sewerline that runs north -souththrough the siteandconstructa new 8-inch public sewerline, runningwest, alongtheprojectsite'snorthernboundarywithin theproposed20-foot sanitarysewereasement, whichwouldconnectto theexisting8-inch seweronN. CommonwealthAvenue. Theproposedprojectwould connect to this new sewer line.
Storm Drain. The proposedprojectwould constructon -site storm drains, which would connectinto an existing curb inlet near the intersection of E. Chapman Avenueand N. CommonwealthAvenue. The inlet dischargesvia anexisting18-inch storm drainlateralthatconnectsto anexisting42-inch stormdrainmainthat flows west under E. Chapman Avenue.
Other: The proposedprojectincludesabandoningan existing6-foot public electriceasementthat runs east - west across the project site.
1.4 ENVIRONMENTAL IMPACTS
1.4. 1 Environmental Categories Determined to Have No Impact or Less Than Significant Impact Without Mitigation or Conditions of Approval The MND/ IS identified various thresholds from the CEQA Guidelines among a number of environmental categoriesthat wouldnot besignificantlyimpactsby theproposedprojectin Chapter3, EnvaronmentalAnalysis.
Thesecategoriesdid not requiremitigation or conditionsof approval. Impactsto the following environmental resources were found to be less than significant or no impact:
a Agriculture andForestryResources
Energy
x Greenhouse Gas Emissions
s Land Use andPlanning
Mineral Resources
Populationand Housing
Recreation
Transportation
Wildfire
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
1.4. 2 Environmental Categories Determined to Have Less Than Significant Impact With Mitigation Incorporated
The MND/ IS concludedthat theproposedproject couldresultin oneor morepotentiallysignificantimpacts in the following topic areas:
r Air Quality
GeologyandSoils
However, the MND/ IS also found that theseimpacts would be reduced, avoided, or substantiallylessened through theimplementation of mitigation measures, which arelistedin Table2, MitigationMonitoringRequirements Mitigation Measures.
1.4.3 Environmental Categories Determined to Have Less Than Significant Impact But Conditions of Approval Were Incorporated
The MND/ IS did not identifypotentiallysignificantimpactspertaining to below environmentalcategories, therefore, no mitigation measures have been incorporated. However, conditions of approval ( COA) have been incorporatedasrequiredby The Fullerton Plan andother regionalandstateregulatoryrequirements, andare included in Table3, MitigationMonitoringRequirements — ConditionsofApproval, of this MMP.
Ir Aesthetics
Biological Resources
Cultural Resources
s Hazards and Hazardous Materials
Hydrology andWaterQuality
Noise
Public Services
Tribal Cultural Resources
Utilities and Service Systems
September 2021 Page 5
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
1. Introduction
Thi pageintentionally10 blank.
2. Mitigation MonitoringRequirements
2.1 CATEGORIZED MITIGATION MEASURES/ MATRIX
Project - specific mitigation measures ( MNIM have been categorized in matrix format, as shown in Table 2. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The MM matrix will serveasthe basisfor schedulingthe implementationof, and compliancewith, all mitigation measures.
September 2021 Page 7
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. MitigationMonitoring Requirements
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HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. MitigationMonitoringRequirements
2.2 CATEGORIZED CONDITIONS OF APPROVALIMATRIX
Project - specific conditions of approval (COAs) have been categorized in matrix format, as shown in Table 3.
The responsibilityandtiminginformationon implementationof COAswill be providedaspart of a list of standard conditions in the resolution for the project.
September 2021 Page 11
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
2. Mitigation MonitoringRequirements
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3. Report Preparation
3.1 LIST OF PREPARERS
City of Fullerton
Heather Allen, PlanningManager
PlaceWorks
Nicole Vermilion, Principal
Elizabeth Kim, Senior Associate
JasmineA. Osman, Associate I
September 2021 Page 17
HUB FULLERTON PROJECT MITIGATION MONITORING PROGRAM
CITY OF FULLERTON
3. Report Preparation
Thispageintentionallyleftblank.
City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2022- 008
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022-008 at a regular meeting of the City Council held on the January 18, 2022 by the following vote:
COUNCIL MEMBERS IN FAVOR
COUNCIL MEMBERS OPPOSED
COUNCIL MEMBERS ABSTAINED:
COUNCIL MEMBERS ABSENT
f,
Williams, MMC
Jung, Whitaker, Silva, Zahra
None
None
Dunlap
RESOLUTION NO. 2022- 009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A GENERAL PLAN REVISION TO CHANGE
THE COMMUNITY DEVELOPMENT TYPE FROM OFFICE TO HIGH -
DENSITY RESIDENTIAL ON A 3. 55- ACRE PROPERTY LOCATED ON
THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH
AVENUES
PRJ2020- 00008 — ZON- 2020- 0074, SUB- 2020- 0003, LRP- 2020- 0016, LRP- 2020- 0017, LRP- 2020- 0018
APPLICANT: CS ACQUISITION VEHICLE, LLC ( CORE SPACES)
PROPERTY OWNER: EDMUNDO F DIAZ AND LILIA M DIAZ TRUST AND 2751 CHAPMAN LLC
RECITALS:
WHEREAS, the Applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan ( ZON- 2020- 0074), Tentative Parcel Map ( SUB- 2020- 0003), General Plan Revision ( LRP- 2020- 0016), Zoning Amendment ( LRP-2020- 0017) and Specific Plan ( LRP-2020- 0018) to develop a 420- unit 1,251 bed) student -oriented housing project with 12,438 square feet of ground floor commercial space more specifically described as: Orange County Assessor' s Parcel Nos. 338- 091- 05, - 06, and - 07.
WHEREAS, the applicant has submitted a Revised Alternative Project with 377 units 1,103 beds) and 12,438 square feet of ground floor commercial space.
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 held a duly noticed public hearing for PRJ-2020- 0003.
WHEREAS, Section 2.18.030. E authorizes the Planning Commission to make a recommendation to City Council regarding general plan amendments, consistent with Government Code 65358.
WHEREAS, the Planning Commission of the City of Fullerton recommended that City Council approve PRJ2020-00008 including Major Site Plan (ZON- 2020-0074), Tentative Parcel Map ( SUB- 2020-0003), General Plan Revision ( LRP- 2020- 0016), Zoning Amendment ( LRP- 2020- 0017) and Specific Plan ( LRP- 2020- 0018).
WHEREAS, the City of Fullerton, as Lead Agency, prepared an Initial Study / Mitigated Negative Declaration to identify the potential environmental impacts associated with the construction and implementation of the project in conformance with the provisions of the California Environmental Quality Act ( CEQA) ( California Public Resources Code, Reso. No. 2022- 09
Sections 21000 et seq.) and CEQA Guidelines ( Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.).
WHEREAS, the Planning Commission and City Council have considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated August 2021 and Technical Appendices; the Final Initial Study including Comments, Responses to Comments and Errata dated September 2021; the Mitigation Monitoring and Reporting Program; the Hub Fullerton Alternative Project CEQA Memo and the administrative record during the public review process.
I:1* 30TM1119101
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. In all respects as set forth in the Recitals of the Resolution.
2. City Council, finds as follows:
Finding: High Density Residential is a community development type " to establish and protect opportunities for households that desire dense urban living within a compact, walkable neighborhood that is well served by transit, and to provide opportunities for neighborhood support uses and amenities."
Fact: The project proposes to construct a student -oriented housing project with up to 377 units ranging in size from micro and studio units to two -level townhome units with four beds and four baths on a 3.55 acre at a density of up to 106.2 du / ac.
Fact: The area north of Chapman Avenue, east of State College Boulevard is similarly developed with apartments on properties with the High Density Residential community development type as well as office, neighborhood commercial and institutional uses.
Fact: In addition to the area being supported by the pedestrian sidewalk and bicycle facility networks, OCTA Route 26 serves the site which connects to the Fullerton Transportation Center in addition to three other routes within a 0. 5- mile walk.
Fact: The project includes 12,438 square feet of neighborhood -supporting commercial space on the ground floor at the intersection of Chapman and Commonwealth Avenues with an adjacent outdoor public area, providing an amenity for both residents of the project as well as its neighbors.
Finding: The Education Focus Area, as identified in the City' s general plan (The Fullerton Plan), centers around the colleges and universities in the area bounded by State College Boulevard on the west, Chapman Avenue on the south, Placentia Avenue / the City of Placentia on the east and extending north of Yorba Linda Boulevard. It is envisioned as a dynamic neighborhood in which the colleges and universities form the hub where higher density multi -family housing, along with supporting retail and service facilities, will meet Reso. No. 2022-09
the demands of the increasing student population, staff and faculty. The Highly Appropriate community development types include High Density Residential as proposed.
Fact: The project proposes to construct a student -oriented housing project with up to 377 units and 12,438 square feet of neighborhood - supporting commercial space directly south of Hope University and Cal State Fullerton central to the Education Focus Area. As such, the project provides higher density multi -family housing addressing the need for housing for the increasing student population as well as faculty. Additionally, the project provides retail space at the Chapman / Commonwealth intersection which serves as a key gateway to the university area and mirrors the ground floor commercial spaces along the west side of the intersection in the existing student -oriented housing project.
THEREFORE, the City Council does hereby approve of said General Plan Revision LRP- 2020-0016, subject to the following conditions of approval:
1. Approval of this application is contingent on the approval of Major Site Plan ( ZON- 2020- 0074). Should City Council not approve Major Site Plan (ZON-2020- 0074), Tentative Parcel Map (SUB-2020- 0003), General Plan Revision ( LRP- 2020- 0016), Zoning Amendment (LRP-2020-0017) and Specific Plan ( LRP-2020-0018) shall be similarly denied.
2. 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 that may be brought against the City arising out of its approval of this Resolution, save and except that caused by the City's active negligence.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 18, 2022.
Fred Jung
Mayor
ATTEST:
a Williams, MMC
erk
C
City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2022- 009
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022-009 at a regular meeting of the City Council held on the January 18, 2022 by the following vote:
COUNCIL MEMBERS IN FAVOR:
COUNCIL MEMBERS OPPOSED
COUNCIL MEMBERS ABSTAINED:
COUNCIL MEMBERS ABSENT -
Iliams, MMC
Ain
Jung, Whitaker, Silva, Zahra
None
None
Dunlap