020425 PW Tract 19148 Final Map Council Resolutions — City Council - Successor Agency

RESOLUTION NO. 2023-003

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 PINES AT
SUNRISE VILLAGE PROJECT ON A 12.52 - ACRE PROPERTY LOCATED

ON THE SOUTHWEST CORNER OF EUCLID STREET AND

ROSECRANS AVENUE
PRJ2021-00006 — ZON-2021-0032, SUB - 2021-0002, LRP-2021-0006, LRP-2021-0007, LRP-2021-0008
APPLICANT: SHOPOFF REALTY INVESTMENTS, L.P. PROPERTY OWNER:

SUNRISE VILLAGE OWNER, LLC.

WHEREAS, the applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan ( ZON-2021-0032), Tentative Tract Map ( SUB - 2021-0002), General Plan Revision ( LRP-2021-0006), Zoning Amendment ( LRP-2021-0007) and Development Agreement ( LRP-2021-0008) for construction of a 113 - dwelling unit residential community, including 49 detached single- family residential homes and 64 townhomes, retention of an existing 4,000 square feet commercial building on property and construction of 19,000 square feet of new commercial space more specifically described as: Orange County Assessor's Parcel Nos. 287-241-01, - 04 and - 06 ( Lot 1 of Lot Line Adjustment No. 207, in the City of Fullerton, County of Orange, State of California, recorded September 12, 2021 as Instrument No. 2021000509353 of Official Records in the office of the County Recorder of said county; Together with Parcel 4 in the City of Fullerton, County of Orange, State of California, as shown on a map filed in Book 88, Page 50, of Parcel Maps in said office of the County Recorder.).

WHEREAS, the City of Fullerton, as Lead Agency, prepared a Draft Initial Study / Mitigated Negative Declaration to identify potential environmental impacts associated with 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 ( California Code of Regulations Title 14, Chapter 3, Section 15000 et seq.).

WHEREAS, the analysis identified mitigation measures to reduce or avoid significant effects on the environment and staff prepared a Mitigation Monitoring and Reporting Program to ensure and document compliance with the mitigation measures during project implementation.

WHEREAS, the City of Fullerton is the Lead Agency on the project and the Planning Resolution. No. 2023-003

Page 2 ends

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 owners, to properties within 300 feet of the project site, 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 considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated September 2021 and Technical Appendices, the Final Initial Study including Comments, Responses to Comments and Errata dated October 2021 and the Mitigation Monitoring and Reporting Program.

WHEREAS, the City has analyzed the revised project under the California Environmental Quality Act ( CEQA) to determine if the revised project would constitute a substantial revision of the negative declaration and whether the project would result in any new or unavoidable significant effects. The review determined the proposed Project revisions would not result in any new Project impacts or increase the severity of a previously identified significant impact as discussed in The Pines at Sunrise Village IS / MND.

Consistency analysis finds that the original Initial Study adequately addressed potential impacts of the Project with site plan changes under consideration.

WHEREAS, the Planning Commission recommended that City Council adopt the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for The Pines at Sunrise Village Project, PRJ-2021-00006.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:

1. City Council, as a result of its consideration and the administrative record during the public review process, finds the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for PRJ-2021-00006 adequately addresses the anticipated environmental impacts of the project. 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.

2. The City Council of the City of Fullerton adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for The Pines at Sunrise Village Project, PRJ-2021-00006, at 1144 Rosecrans Avenue, 1715 / 1723 Euclid Street and 1701 / 1751 / 1801 - 1900 Euclid Street.

Resolution. No. 2023-003

Page 3 ends

ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 3, 2023.

Fred Jung
Mayor
ATTEST:
a Will ams, MMC
Clerk
Attachment:

Attachment 1 - Mitigation Monitoring and Reporting Program

THE PINES AT SUNRISE VILLAGE

MITIGATION MONITORING

AND REPORTING PROGRAM
Prepared for
Prepared by
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832
Kimley-Horn and Associates, Inc.
1 100 W Town and Country Road, Suite 700
Orange, California 92868
Date: October 2021
The Pines at Sunrise Village
Mitigation Monitoring and Reporting Program

PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act ( CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program ( MMRP) has been developed to provide a vehicle by which to monitor mitigation measures ( MMs) outlined in The Pines at Sunrise Village Initial Study/Mitigated Negative Declaration ( IS/MND). The Pines at Sunrise Village MMRP has been prepared in conformance with Public Resources Code § 21081.6 and City of Fullerton Monitoring Requirements. Specifically, Public Resources Code Section 21081.6 states:
a) When making findings required by paragraph ( 1) of subdivision ( a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph ( 2) of subdivision ( c) of Section 21080, the following requirements shall apply:
1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or incase of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency.

Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or an agency having jurisdiction over natural 1 The Pines at Sunrise Village
Mitigation Monitoring and Reporting Program
resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law.

State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Fullerton is the Lead Agency for The Pines at Sunrise Village Project and is therefore responsible for ensuring implementation of the MMRP. The MMRP has been drafted as a fully enforceable monitoring program to meet Public Resources Code Section 21081.6 requirements.

The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each MM:

Definition of Mitigation. The Mitigation Measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation.

Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the mitigation, and the City of Fullerton or designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required.

Time Frame. In each case, a time frame is provided for performance of the mitigation or the review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact - related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity.

The MM numbering system in the table corresponds with the MM numbering system in the IS/MND. The MMRP table's last column will be used by the parties responsible for documenting when MM implementation has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Fullerton. The completed MMRP and supplemental documents will be kept on file at the City of Fullerton Planning Services Division. 2 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program

THE PINES AT SUNRISE VILLAGE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigati
on
Measur
es (
MMs) Implementatio
n
Timing
Mo
nitoring/Reporting
Methods
Responsiblefor
Approval/
Mo
nitoring
Verificatio
n
Date Initials
Geology and Soils
MM GEO-1: Prior to grading permit issuance, the City shall review allProject plans and all
o
ther relevant constructi
on
permits to
verify compliance with the Geotechnical and Infiltration E valuationGeoTek, Inc. 2020) recommendations and
other
applicable Code
requirements.

Prior to Grading Permit
Issuance and During
C
onstruction
Verify Requirements
Included
on
Grading and
C
onstruction
Plans;
Conduct Inspections
PlanningandBuilding
SafetyDivisions
MM GEO-2: PaleontologicalResources. In the event that
paleontological resources are inadvertently unearthed during excavation and gradingactivities, thecontractor shall immediat ely
cease all earth - disturbingactivities within a 100 -foot radius of the area of discovery. TheApplicant shall retain a qualified professionalpaleontologist subject toapproval bytheCity ofFullerton, to evaluate the significance of the finding and appropriate course of action. Ifavoidanceoftheresource(s) is not feasible, the Applicant shall follow salvage operation requirements pursuant to State CEQA Guidelines § 15064.5. After the Applicant has appropriately avoided or mitigated the find, work in the area mayresume.

During Excavation and
Grading Activities If
Paleontological Res
ources
are Un
earthed
Verify Requirements
Included on Grading and
Construction Plans
Acceptance of a Qualified
Professi
onal
Paleontologist, If
Paleontological
Resources are
Unearthed;
Evaluate Significance
of
Findings
PlanningandBuilding
SafetyDivisions;
Applicant;
QualifiedPr
ofessional
Paleontologist
Hazards and Hazardous Materials
MM HAZ-1: DTSCResponse Plan. Prior totheissuanceof
demolition permits, the City shall review all Project plans and all other relevant engineering drawingstoverify compliance with the recommendations from the DTSC approved Response Plan. The Response Planwould include mitigation andrecommendationsto address the potential soilcontamination andsoilvapor hazards PriortoDemo lition Permit
Issuance
Verify DTSC Approved
Response Plan
Requirements Included
on
Project
Plans and
Engineering Drawings
PlanningandBuilding
SafetyDivisions
3 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration Mitigati on
M
onitoring
and R
eporting
Program
Mitigation Measures ( MMs) Implementation Timing
Monit
oring/Reporting
Methods
Responsiblef
or
Approval/
Monitoring
Verification
Date Initials
from the prior Sunrise Cleaners dry cleaning use . Actions include thefollowing:

Contaminated soil identified as exceeding screening levels shall beexcavated, segregated, managed in temporarily stockpiles with appropriatecover, profiled, and transported to a licensed disp osal
facility.

A vapor intrusion mitigation system ( VIMS) consisting of a passive sub slab depressurization system ( SSD) coupled with a vapor barrier system shall be installed under the proposed residences ( Lots 10- 34, 41-43 and building blocks 50 and 51)28. If conditions warrant, as determined by DTSC, the SSDsystem shall be
converted
to an
active system, which will activelyremove vapors from beneath the footprint ofstructures.

Standard Conditions ( SCs) Implementation Timing
Monitoring/ Reporting
Methods
Responsiblefor
Approv
al/
Monitoring
Verificatio
n
Date Initials
Air Quality
SC AQ-1: DustControl. Duringconstruction, construction
contractors shall comply withSouthCoast Air Quality Management District's ( South Coast AQMD's) Rules 402 and 403 to minimize construction
e
missions of dustparticulates. South Coast AQMD
Rule 402requires that air pollutantemissions of dust and particulates. SouthCoast AQMD Rule 402requires that air pollutant emissions not be a nuisance
o
ffsite . Rule 402prohibits the
discharge from any source whatsoever such quantitiesof air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of personsor to the public, or which endanger the comfort, repose, health, or safetyofany such persons or the public, or which cause, or have a DuringConstruction Verify R
equirements
Included
on
Grading and
Construction Plans; Site
Inspections
PlanningandBuilding
SafetyDivisions
4 Pines at Sunrise Village
Initial Study and Mitigated Negative Declarati
on
Mitigati
on
Monitori
ng
and R
eporting
Pr
ogram
Standard Conditions ( SCs) Impl
ementation
Timi
ng
Monit
oring/
Rep
orting
Meth
ods
Resp
onsible
f
or
Approval/
Monitoring
Verification
Date Initials
natural tendency to cause, injury or damage to business or property.

SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust doesnot remain visible beyond the pr
operty
line of the emission
source. This rule is intended to reduce PMio emissions from any transportation, handling, construction, or storage acti vity
that has
the potentialtogenerate fugitive dust. This requirem
ent
shall be
included as notes on thecontractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicabl e
to
allconstruction projects. The measures include, but are n ot
limited
to, thefollowing:
a. Portions of aconstruction site to remain inactive longer than aperiodofthree months will be seeded and watered until
grass cover isgrown orotherwise stabilized.
b. All on - site roads will be paved assoon as feasibleorwatered periodicallyorchemicallystabilized.
c. All material transported
o
ff site will beeithersufficiently
watered or securely covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earthmoving, or excavation
o
perations willbeminimized at all times.
e. Where vehicles leave aconstructionsiteand enter adjacent public streets, the streets will be swept dailyorwashed down at the end of the workday to remove soil tracked onto the paved surface.

SC AQ-2: Architectural Coatings. South Coast Air Quality Prior to Construction Verify Requirements PlanningandBuilding Management District (South Coast AQMD) Rule 1113 requires manufacturers, distributors, and end - users of architectural and industrial maintenance coatings to reduce reactive organic gas Included on Constructi
on
Plans
SafetyDivisions
5 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Standard Conditi
ons (
SCs) Impl
ementation
Timing
Monit
oring/
R
eporting
Methods
Resp
onsible
for
Appr
oval/
Monitoring
Verification
Date Initials
ROG) emissions fr
om
the use of these coatings, primarily by
placing limits on the ROG cont
ent
of
various
c
oating
categori
es.

Biological Resources
SC BIO-1: NestingMigratory Birds. During co
nstruction,
grubbing, brushing, or tree removal shall be
conducted
outside of
the state identified nesting season for migratory birds ( i.e., typically March 15 through September 1), if
possible.

If
construction activities cannot be conducted outside of nesting season, a Pre - Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three clays priortoinitiating construction activities. If active nests are found during the Pre - Construction Nesting Bird Survey, a Nesting Bird Plan ( NBP) shall be prepared by aqualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity anddurationofthe disturbance activity.

During C
onstruction;
Three
Days Prior to Construction, If
During Migrat
ory
Bird
Nesting Seas
on
Verify Requirements
Included
on
Grading a
nd
Construction Plans
Verify Pre - Constructi
on
Nesting Bird Survey
C
onducted
and Nesting
Bird Plan Prepared, If
Required
PlanningandBuilding
SafetyDivisions
QualifiedBiol
ogist CulturalResources
SC CR-1: In the event that cultural resources ( archaeological, historical, paleontological) resources are inadvertently unearthed during excavation andgrading activities of any future development project, the contractor shall immediately cease all earth disturbing activities within a 100 -foot radius of the area ofdiscovery. The Applicant shall retain a qualifiedprofessional (i. e., archaeologist, During Excavation and
Grading Activities If
Resources are Unearthed
Verify Requirements
Included on Grading and
Construction Plans
Acceptanceof Qualified
Professio nal
PlanningandBuilding
SafetyDivisions;
Contractor;
QualifiedProfessional
Archeologist,
6 Pines at Sunrise Village
Initial Study and Mitigated Negative Declarati
on
Mitigation Monit
oring
and Rep
orting
Program
Stand
ard
Conditions ( SCs) Implementati
on
Timing
Monit
oring/
Rep
orting
Methods
Responsiblefor
Appro
val/
Monitoring
Verification
Date Initials
historian, architect, paleontologist, Native American Tribal monitor), subject to approval by the City of Fullert
on,
to evaluate
the significance of the finding and appropriate course
of
acti
on .

If
avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the State CEQA Guidelines shall be followed. After the find has been appr opriately
avoided or mitigated, work in the area may resume.

Archeologist, Historian,
Architect, Pale
ontologist,
or Native Tribal Monitor
Evaluate Significance of
Finding
Historian, Architect,
Paleontologist, or
NativeTribalMonitor
QualifiedProfessional
Archeologist,
Historian, Architect,
Paleont
ologist,
or
NativeTribalMonit
or
SC CR-2: In the event that human remains are unearthed during excavation and grading activities ofany futuredevelopment project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section7050. 5, no further disturbance shall occur until the Countycoroner has made the necessaryfindings as to
o
rigin and disposition pursuanttoPublicResources Code
Section5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24hoursnotify the Native A
merican Heritage Commission ( NAHC). The NAHC shall then contact the most likely descendant of thedeceased Native American, whoshall serve as consultant on how to proceed with theremains.

During Excavation and
Grading Activities, If Remains
are Unearthed
Il
Verify Req
uirements
on
Construction Plans
Site Inspections
PlanningandBuilding
SafetyDivisions
County C
oroner Geology and Soils
SC GEO-1: Project plans anddesigns shallcomply with FMC Chapter

14.03 — Building Code, which incorporates the 2019 California Building Standards Code which contains all regulations for how buildings are designed andconstructed and are intended to ensure the maximum structural integrity and safety of private and public buildings.

Prior to Building Permit
Issuance
Verify Requirements on
Construction Plans;
C
onduct
Inspections
PlanningandBuilding
SafetyDivisi
ons
7 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Rep orting
Pr
ogram
Standard Conditions ( SCs) Implem
entation
Timing
Monitoring/ Rep
orting
Methods
Responsiblefor
Approval/
Monitoring
Verificatio
n
Date Initials
GreenhouseGases
SC GHG-1: Prior to issuance of building permits, the Applicant shall be requiredtodemonstrateto the C
ommunity
and Economic
Development Department, Building Divisi
on
that building plans
meet the applicable Title 24 Energy Efficiency Standards for Residential Buildings (California Code of Regulations [ CCR], Title 24, Part 6). Thesestandards are updated, nominally every three years, toincorporate improved energy efficiency technol
ogies
and
methods
Pri
or
to Building Permit
Issuance
Verify Requirements on
Construction Plans;
Conduct Inspectio
ns
Communityand
Economic
Development
Department;
PlanningandBuilding
SafetyDivisions
SC
G
HG-2: Prior toissuanceof building permits, the Applicant shall be required todemonstrate to the Community and Economic DevelopmentDepartment, Building Division that building plans meet the applicableCalifornia Green Building Standards ( CalGreen) Code ( 24 CCR 11).

Prior
to
Building Permit
Issuance
Verify Requirements on
Construction Plans;
C
onduct
Inspections
Communityand
Economic
Developm
ent
Department;
PlanningandBuilding
SafetyDivisi
ons
Hazards and Hazardous Materials
SC HAZ-1: Prior to structuraldemolition/renovation activities, a CertifiedEnvironmental Professional shallconfirm the presence or absence of ACM's and LBPs. Should ACMs or LBPs be present, demolition materialscontaining ACMs and/or LBPs shall be removed and disposed of at anappropriate permitted facility.

Prior to Demolition Conduct Inspections Certified
Environmental
Professi
onal;
PlanningandBuilding
SafetyDivisi
ons
Hydrology
SC HYD-1: Prior to issuance of any Grading or Building Permit, and as part of the future development's compliance with the NPDES requirements, a NoticeofIntent shall beprepared and submitted to the Santa Ana RWQCBproviding notification and intent to comply with the State of California General ConstructionPermit.

A c
opy
of the SWPPP shall be
available and implemented at the construction site at all times. The SWPPP shall outline the s
ource
contr
ol
and/
or
treatme
nt
c
ontrol
BMPs to avoid or mitigate runoff pollutants at the construction site to the " maximum extent practicabl
e."
All recommendations in the
Plan shall be implemented during area preparation, grading, and construction. 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 stormwater runoff impacts.

SC HYD-2: Prior to issuance of any Grading Permit, futur e
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), inaccordance with the Orange County DAMP. All recommendations in the Plan shall be implemented during post construction/operation phase. The project applicant shallco mply with each oftherecommendations detailed in the Study, and o
ther
such measure(s) as the City deems necessarytomitigatepotential water quality impacts.

Pri
or
to Grading Permit
Issuance
Verify Requirements on
Constructi
on
Plans;
Conduct Inspections
PlanningandBuilding
SafetyDivisions
SC HYD-3: Site development shallnot result in the increaseof storm water run-off and flow intensity to the adjacent properties nor obstruct storm water flow into the site.

Prior to Constr
uction;
Construction Completion
Site Inspection PlanningandBuilding
SafetyDivisions
Noise
SC N-1: All construction and general maintenance activities that are anticipated to exceed the noise standards set forth in FMC Section

15. 90 shall be limited to the hours of 7 a.m. to 8p. m. Monday through Saturday, except in the case of an emergency. Noise associated withconstruction, repair, remodeling or gradingof any real property must comply with the standards set forth in FMC i Section 15.90 between 8 p.m. and 7a. m. Mondaythrough Saturday DuringCo nstruction Verify Requirements on
Construction Plans;
Conduct Inspections
PlanningandBuilding
SafetyDivisi
ons
9 Pines at Sunrise Village
Initial Study and Mitigated Negati
ve
D
eclaration
Mitigation M
onitoring
and Reporting Pr
ogram
Standard Conditions ( SCs) Implementation Timing
Monit
oring/
R
eporting
Methods
Responsiblefor
Approval/
Monitoring
Verification
Date Initials
and at any time
onSunday
or
City - rec
ognized
holidays. All on - site
construction equipment shall have properly operating mufflers and applicant should utilize the quietest equipment available.

SC N-2: The applicant shall ensure through contract specifications that construction best management practices ( BMPs) be
implemented bycontractors to reduce constructi
on
n
oise
levels .

Contract specifications shall beincluded 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 .

Construction - related equipment, including heavy-duty equipment, motor vehicles, andportableequipment, shall be turned off when not in use for more than 5 minutes.

Constructionhours, allowable workdays, and thephone number of the job superintendent shall be clearlyposted at all construction e
ntrances to allowfor surrounding owners and residentsto contact the job superintendent. If the Cityorthe job superintendent receives acomplaint, the superintendent shall investigate, take appropriatecorrectiveaction , and report the action taken to the reportingparty.

Duri
ng
Constructi
on
Verify Requirements on
Construction Plans;
Conduct Inspections
PlanningandBuilding
SafetyDivisions
Public Services
SC PS -1: The Applicant shallcomply with the Fullerton Fire Prevention Ordinance as per FMC Chapter 13, Fullerton Building Code as per FMC Chapter 14, the California Fire Code, and the CBC in regardstodesignoffire facilities.

Prior Building Permit
Issuance
Site Inspections PlanningandBuilding
SafetyDivisions
10 Pines at Sunrise Village
Initial Study and Mitigated Negati
ve
D
eclaration
Mitigati
on
Monitoringand Rep
orting
Program
Standard C
onditions (
SCs) Implementati
on
Timing
Monit
oring/
Rep
orting
Meth
ods
Responsiblefor
Appro
val/
Monitoring
Verification
Date Initials
SC PS -2: Prior to the issuance
of
building permits, the Applicant
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.

Prior to the issuance
of
building permits
Fee Submittal Record Planning a
nd
Building
SafetyDivisions
Recreation
SC REC-1: Inaccordance with FMC Chapter 21.12, prior to the issuance ofeach building permit, the Applicant shall pay the most current park dwelling fee and/or negotiated park fees
to
the City .

Allmoneycollected as fees imposed by FMC Chapter 21 . 12 shall be I
deposited in the park dwelling fund and used for the acquisiti on,development, and improvement of public parks and recreational facilities in the City, asproposed by the City's Five - Year Capital Improvement Program. TheCommunity and Economic
Development Department shall confirm compliance with this requirement prior to issuance of a buildingpermit.

Prior Buildi
ng
Permit
Issuance
Fee Submittal Record PlanningandBuilding
SafetyDivisions;
C
ommunity
and
Ec
onomic
Devel
opment
Departm
ent
Transportation
SC TRANS - 1: Priortoconstruction, future developers shall prepare a Traffic Control Plan for implementation during theconstruction phase, as deemed necessary by the City TrafficEngineer. The Plan may include the following provisions, among others:

At least one unobstructed lane shall be maintained in both directionsonsurrounding roadways.

At any time only a single lane is available, the developer shall provide atemporary traffic signal, signal carriers (i. e., flag persons), or other appropriate traffic controls to allow travel inboth directions.

Ifconstruction activities requirethecomplete closureof a roadway segment, the developer shall provide appropriate signage indicatingdetours/alternativeroutes.

Prior
Construction Verify Requirements on
Traffic Control Plan
City TrafficEngineer
Tribal Cultural Resources
SC CR-1
a
nd SC CR-2
a
re applicableto thissection .
11 City of Fullerton

RESOLUTION CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF FULLERTON )
RESOLUTION NO. 2023-003
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. 2023-003 at a regular meeting of the City Council held on the January 3, 2023 by the following vote:

COUNCIL MEMBERS IN FAVOR: Jung, Whitaker, Charles, Dunlap, Zahra COUNCIL MEMBERS OPPOSED: None
COUNCIL MEMBERS ABSTAINED: None
COUNCIL MEMBERS ABSENT: None
Williams,
lerk
RESOLUTION NO. 2023-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FORA 113 - DWELLING UNIT RESIDENTIAL COMMUNITY, INCLUDING 49 DETACHED SINGLE- FAMILY RESIDENTIAL HOMES AND 64 TOWNHOMES, RETENTION OF AN EXISTING 4,000 SQUARE FEET COMMERCIAL BULIDING AND
CONSTRUCTION OF 19,000 SQARE FEET OF NEW COMMERCIAL
SPACE ON A 12.52- ACRE PROPERTY LOCATED ON THE

SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS
AVENUE
PRJ2021-00006 — ZON-2021-0032, SUB - 2021-0002, LRP-2021-0006, LRP-2021-0007, LRP-2021-0008
APPLICANT: SHOPOFF REALTY INVESTMENTS, L.P. PROPERTY OWNER:

SUNRISE VILLAGE OWNER, LLC.

WHEREAS, the applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan ( ZON-2021-0032), Tentative Tract Map ( SUB - 2021-0002), General Plan Revision ( LRP-2021-0006), Zoning Amendment ( LRP-2021-0007) and Development Agreement ( LRP-2021-0008) for construction of a 113 dwelling unit residential community, including 49 detached single- family residential homes and 64 townhomes, retention of an existing 4,000 square feet commercial building on property and construction of 19,000 square feet of new commercial space more specifically described as: Orange County Assessor's Parcel Nos. 287-241- 01, - 04 and - 06 ( Lot 1 of Lot Line Adjustment No. 207, in the City of Fullerton, County of Orange, State of California, recorded September 12, 2021 as Instrument No. 2021000509353 of Official Records in the office of the County Recorder of said county; Together with Parcel 4, in the City of Fullerton, County of Orange, State of California, as shown on a map filed in Book 88, Page 50 of Parcel Maps in said office of the County Recorder).

WHEREAS, the Planning Commission of the City of Fullerton, in compliance with the noticing requirements of Fullerton Municipal Code ( FMC) Chapter 15.76, held a duly noticed public hearing for PRJ-2021-00006.

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 PRJ2021-00006 including Major Site Plan ( ZON-2021-0032), Tentative Tract Map ( SUB - 2021-0002), General Plan Revision ( LRP-2021-0006), Zoning Amendment ( LRP-2021-0007) and Development Agreement ( LRP-2021-0008).

Resolution No. 2023-004

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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, Sections 21000 et seq.) and CEQA Guidelines ( California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.).

WHEREAS, the Planning Commission and City Council considered the information contained in the Draft Initial Study / Mitigated Negative Declaration dated September 2021 and Technical Appendices, the Final Initial Study including Comments, Responses to Comments and Errata dated October 2021, the Mitigation Monitoring and Reporting Program and the administrative record during the public review process.

WHEREAS, the City has analyzed the revised project under the California Environmental Quality Act ( CEQA) to determine if the revised project would constitute a substantial revision of the negative declaration and whether the project would result in any new or unavoidable significant effects. Upon review, the proposed Project revisions will not result in any new Project impacts or increase the severity of a previously identified significant impact as discussed in The Pines at Sunrise Village IS / MND. Consistency analysis finds that the the original Initial Study adequately addressed potential impacts of the Project with site plan changes under consideration.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOW:

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 PRD-I ( Planned Residential Development - Infill) zoning classification.

Fact: The PRD-I zone provides standards for predominantly residential infill development on sites less than 40 acres in size to ensure a quality development compatible with its surroundings. The project proposes a combination of small lot- single-family detached and townhome units on an underutilized commercial retail infill site in a density of 11.3 DU acre consistent with the Low / Medium Density Community Development Type of The Fullerton Plan. The PRD-I zoning classification is consistent with the Low / Medium Density general plan designation.

Finding: That the project meets all applicable development standards.

Fact: The PRD-I development standards are established based on the type of street or streets on which a site is located and utilize a combination of Building Types and Frontage Types to ensure a quality development compatible with its surroundings. The project is a combination of House and Tuck - Under Building Types and is consistent with development Resolution No. 2023-004

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standards.

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 project is designed with a transitional modern architecture style for the single- family detached units and a contemporary style for the town homes. Although different styles, colors are complementary and material commonalities exist throughout the community providing a cohesive design compatible with the surrounding area.

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: Each single-family dwelling is designed to provide space in the garage, beyond the required parking area, for three - bin residential collection. Each townhome is designed to provide space in the garage, beyond the required parking area, for two- bin multi - family collection.

Finding: The project blends proposed grading with the contours of the project site.

Fact: The existing site slopes from approximately 268 feet ( msl) near its northwestern corner to approximately 215 feet msl at its southern boundary. Cut and fill grading activities are anticipated such that the soil would be balanced onsite and requires no import / export of soils. The project generally retains the existing topography in relation to the surrounding streets.

Finding: The traffic patterns of the proposed development will minimize impacts on surrounding properties and streets and accommodate emergency vehicles.

Fact: The three stop - controlled driveways, one on Camino Loma, one on Rosecrans Avenue and one on Euclid Street, would provide primary vehicular access to the Project site. The internal roadway network would provide access to all residential units. The Project does not propose restricted driveways or gated entries. The Project would maintain public and reciprocal access as part of the Project. Further, two driveways along internal " Street A" would provide access to the existing office building at 1901 Euclid Street and the adjacent " not - a - part" 1.42 - acre commercial parcel. Emergency vehicles would continue to have access to roadways in the area during constriction and after completion of the project.

Fact: Staff prepared a Traffic Impact Analysis under the direction of the City Traffic Engineer at four 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. Furthermore, the project would result in a net reduction of average daily trips as well as a.m. and p.m. peak hour trips.

Resolution No. 2023-004

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Finding: Buildings are sited to avoid crowding and to allow for a functional use of the space between buildings.

Fact: The single-family units are designed with side and rear yards and the townhomes are distributed in 14 building clusters with entrances facing common open space areas / walkways. The streets are designed to provide sidewalks on either side for walkability throughout the community and connecting to the retail areas nearby Finding: Landscaping has been designed to create a pleasing appearance from both within and off the site and to accommodate adequate sight distances for motorists and pedestrians entering and exiting the site.

Fact: Landscaping is proposed in a combination of active and passive spaces both as viewed from the surrounding streets and internal to the neighborhood. No proposed landscaping would conflict with site entry / exit.

3. City Council approves said Major Site Plan ZON-2021-0032, subject to the following conditions of approval:

Project Specific:

1. Each dwelling owner and tenant shall ensure that the garage remains available and unencumbered to provide the required two parking spaces for each unit.

2. CC&Rs shall include requirements for garage parking and use of guest parking, subject to the review and approval of the Community and Economic Development Director.

3. Garages shall be equipped with hanging storage or shelving units to provide for storage in garages and to maintain the garage for parking of vehicles.

General Conditions:

1. This action approves the applicant submitted plans dated October 17, 2022 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 prepared in substantial conformance with the approved MajorSite Resolution No. 2023-004

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Plan except to the extent that the conditions herein modify plans or designs.

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, as applicable, shall reflect approved changes 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. The applicant shall submit project identification signage 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. The applicant shall install landscaping and irrigation 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.

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.

Resolution No. 2023-004

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ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 3, 2023.

Fred Jung
Mayor
ATTEST:

Date
Attachments:

Attachment 1 — Standard Conditions
Attachment 2 — Engineering Conditions of Approval
Attachment 3 — 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;
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
SC AQ-4
SC AQ-5
SC AQ-6
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.

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.

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.

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 BIO-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 M BTA 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 BIO-2
SC CR-1
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.

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
SC GEO-1
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.

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 HAZ-1 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 NOI-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 NOI-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.

SC NOI-3
SC NOI-4
SC NOI-5
SC SCH-1
SC PS - 1
Contract specifications shall be included in construction documents, which shall be reviewed by the City prior to issuance of a grading permit.

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.

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.

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.

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.

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.

Date: 11/03/22

ENGINEERING CONDITIONS OF APPROVAL
Project Specific:

PROJECT FRONTAGE IMPROVEMENTS

1. Utility poles along the project frontage area will be subject to the City's Utility Undergrounding requirements, as outlined in Section 16.05.060 of the Fullerton Municipal Code.
2 All damaged and/or substandard public improvements shall be removed and replaced per City standards, unless otherwise approved by the City Engineer.

3. Applicant shall re - landscape slopes and provide additional landscaping plan along both sides of City drainage channel area and upgrade fencing material along channel to the satisfaction of the Community and Economic Development Director and confirm the placement of the fencing to the satisfaction of the City Engineer and the Community and Economic Development Director. Re - landscaping area will include area between sidewalk and drainage channel.

4. The project shall dedicate an additional street right-of-way for the corner cutoff at the southeast corner of Rosecrans/Camino Loma intersection.

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 Final Geotechnical study shall be provided, which specifically addresses the existing pavement condition on the pavement along the entire project frontage, including the intersection of Rosecrans Avenue and Euclid Street. The project shall rehabilitate the asphalt concrete pavement, from the curb to curb ( curb street width), along the project frontage, to rehabilitate existing pavement along the project frontage on Euclid Street, Rosecrans Avenue, Camino Loma, and Paseo Dorado, including the intersection of Euclid Street and Rosecrans Avenue. The extent of the pavement rehabilitation shall be determined based on the final geotechnical report recommendations and project construction impact to street. The final thickness of the pavement rehabilitation shall be determined based on the final geotechnical report recommendations and project construction impact to the street after the grading operations.

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 WHPS luminaires with City -approved LED luminaires Cooper Navion, GE Evolve or Leotek). The LED lighting shall produce lighting photometric PRJ 2021-00006
Southwest Corner of Euclid Street / Rosecrans Avenue ( The Pines at Sunrise Village)

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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). a Project shall maintain all proposed landscaping in the public right of way along all project frontages, including irrigation. On - site irrigation shall be extended to the parkway.

9. New driveway approaches shall be constructed on all driveways accessing the project, in accordance with the City of Fullerton Standard No. 121-2 Commercial Driveway Approach, unless otherwise approved by the City Engineer.

10. Public access to the adjacent sidewalks along the project frontage shall be maintained at all times during construction, unless otherwise approved by the Public Works Department.

11. Final landscaping plans, to address all landscaping in the public right of way shall be submitted to the City Public Works Department, and approved by the City Arborist, and Community Development Director, prior to issuance of a certificate of occupancy.

12. All on - site dry utilities, including power and telecommunications, shall be undergrounded.

13. On - site irrigation shall be extended to the parkway. Proposed homeowners' association shall maintain all proposed landscaping in the public right of way along all project frontages, including irrigation.

14. All damaged trees in the public right of way shall be removed and replaced based on a Final Landscaping Plan, to be approved by the City. The project shall also upgrade street tree wells to install tree grates to be in conformance with City standards.

15. Improvements in the public right of way, and all private street improvements, shall comply with all current disabled access regulations, including reconstruction of access ramps at street intersection corners.

GRADING AND DRAINAGE

1. Conceptual design documents, including Conceptual Grading Plan, Preliminary Hydrology Report, and Preliminary Water Quality Management Plan ( PWQMP), have been submitted as a part of the project applications to demonstrate Major Site Plan and Tentative Tract Map TTM) compliance with the State's and City's codes and regulations. 2 Subject conceptual documents ( Conceptual Grading Plan as approved October 24, 2022; Preliminary Hydrology Report as approved October 24, 2022; and PWQMP as approved November 1, 2022) have been reviewed by the City and found acceptable.

3. The proposed Major Site Plan development shall comply with the approved conceptual documents that provide for a maximum size of impervious area, flow pattern, maximum quantities for storm water runoff and intensity, type, size, and location of storm water quality Best Management Practices ( BMP) facilities, utility connections, and access and site circulation.

4. Site development shall not result in the increase of storm water run-off and flow intensity to the adjacent properties nor obstruct storm water flow into the site. The size and alignment of on - site drainage facilities shall be based upon detailed hydrology and 9 PRJ 2021-00006
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hydraulic calculations prepared by a California Registered Engineer and shall be approved by the City Engineer.

5. 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.

6. Proposed on - site storm drain facilities shall be privately owned and maintained.

7. Private street plans, including but not limited to widths, sidewalks, parking, pavement thicknesses, curb painting, signing and striping, and street lighting shall be reviewed and approved by the Community Development Director, the City Engineer, and the City Traffic Engineer.

8. Transition from public to private streets shall be clearly distinguished by a concrete band design, to be approved by the Community Development Director, the City Engineer, and the City Traffic Engineer.

9. The project shall prepare and submit to the City, for approval, 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.

10. On - Site storm drain system shall be designed and constructed in accordance with City standards.

11. Final grading plan shall be reviewed and approved by the Public Works Department prior to issuance of grading permit. 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.

12. 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.

13. 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.

14. All water quality requirements for the National Pollutant Discharge Elimination System NPDES) Storm Water Program shall be compliant with the latest regulations and guidance documents. Permits and guidance documents include, but are not limited to, California Regional Water Quality Control Board — Santa Ana Region ( Order No. R8-2009-0030, 9 PRJ 2021-00006
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NPDES Permit No. CAS618030), Orange County Model Water Quality Management Plan Model WQMP), and the Orange County Technical Guidance Document ( TGD).

15. An Ownership and Maintenance Agreement for all common drainage facilities and storm water quality BMP facilities, if any, shall be executed prior to Final Certificate of Occupancy for impacted parcels.

WATER AND SEWER

1. The project proposes to install a new public water main within the site connecting to the 24" SCCP on Rosecrans Avenue and 12" C.I. main on Euclid Street. The newly installed public main ( Main Road G, Street B, and Street A) must be located within the public street right of way or easements granted to the City of Fullerton. On - site water system, fire hydrants, and lateral services on the private water main that is exclusively serving the proposed development shall be privately owned and maintained and shall be designed in accordance with California Plumbing Code and Fire Department requirements.

2. Distribution mains shall be a minimum 8 - inch in diameter and constructed of a material to be approved by the City Engineer, or designee.

3. A soil - test evaluation per the American Water Works Association must be conducted at all locations where a water main is to be located.

4. Prior to issuance of certificate of occupancy, developer shall abandon the existing on - site public water main and valves at the connections on Rosecrans Avenue and Paseo Dorado shall be removed per City of Fullerton Specifications and connect the two existing services to the new public water main.

5. Developer shall provide separate onsite and offsite Water Improvement Plans, designed per the City of Fullerton standards plans and specifications, to be prepared by a California Registered Civil Engineer, for the development showing proposed connections, abandonments, and water system extensions. Both onsite and offsite Water Improvement Plans shall be submitted to the Public Works Department for approval of the City Engineer, and approvals shall be obtained prior to the issuance of building permits. Water permits, fees and bonds will be required for water improvements and must be obtained prior to issuance of building permit.

6. Residential units shall have a master meter for domestic, fire, and irrigation services and backflow. New commercial units shall be connected to the public main.

7. Water Main reconstruction limits in project limits shall be dependent on soils investigation and pothole data. Portions of pipe which are damaged by construction activities or are substandard will be replaced by the developer at the direction of the Water System's Manager.

8. A Limited Sewer Generation Study providing pre- and post -construction sewage generation has been provided, to determine if there is sufficient capacity in the downstream City - owned sewer system. Based on that study, the applicant, recognizing the project's impacts 9 PRJ 2021-00006
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to the downstream sanitary sewer system, the project shall contribute a fair-sharepayment in the amount of $ 160,000.00 pursuant to the analysis and recommendations of the Woodard & Curran analysis dated May 11, 2021. The payment shall be made to the Sewer Fund upon the earlier of the availability of CFD bond proceeds or prior to issuance of the first building permit if no CFD is formed or said funds are not otherwise available. This amount of the payment shall be escalated each year, until paid to the City, based on the Consumer Price Index from the time of the execution of the development agreement.

9. To ensure that, to the extent practicable, non - sewer flows do not enter the sewer system over time, the CC&Rs shall include a requirement for the proposed homeowner's association to perform an on - site sewer Inflow and Infiltration study at regular 25 - year minimum intervals beginning 25 - years after occupancy with the resultant report provided to the City and inflows and/or infiltration addressed in accordance with Fullerton Municipal Code requirements then applicable.

10. The project shall install a private on - site sewer collection system for sanitary purposes, and a separate sewer lateral connection that will be connecting to the existing sewer main on Euclid Street. Proposed sewer lateral shall be minimum 8" V.C.P. and constructed per City Standard Nos. 209A and 209B.

11. Applicant shall provide sewer flow monitoring at one location downstream of the project site, at a cost not to exceed $ 3,000, to be completed prior to the issuance of a building permit.

12. Proposed on - site sewer system shall be designed and constructed in accordance with Plumbing Code requirements and City of Fullerton Standards.

13. Proposed on - site sewer system shall be privately owned and maintained.

14. Prior to submittal of street improvement plans, applicant shall coordinate with City's Public Works Department to assess the condition of all water and sewer facilities in the public right of way along the project frontage, including but not limited to sewer manholes, water valves, and water mains. Any recommendations for upgrades to City facilities shall be made prior to submittal of the final street improvement plans.

TRAFFIC ENGINEERING

1. As a part of the Project access design and off - site street improvement plans, the five Project entries/exits on Euclid Street, Rosecrans Avenue and the Camino Loma cul-de-sac are to be reviewed for appropriate traffic control and safety measures to address the anticipated level of traffic generated by the development. Such measures could include, but not be limited to, limiting vertical obstructions to maintain sight visibility, traffic signs & markings, and physical modifications to driveways. All proposed traffic controls and existing and proposed obstructions in the public right-of-way are to be clearly indicated on the off - site improvement plans to the satisfaction of the City Traffic Engineer.

2. Since the Project will have no on - street parking adjacent to the project site, all project 9 PRJ 2021-00006
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parking demands from patrons, residents, visitors, moving vehicles, and service vehicles must be accommodated on site.

3. The applicant shall either widen Rosecrans Avenue by 2 feet adjacent to the site to provide for a southbound 12 foot wide right -turn lane leading into the proposed project's eastern most Rosecrans driveway or restripe the entire roadway as a part of the resurfacing of Rosecrans Avenue to provide for a southbound 12 - foot - wide right turn lane into the site. Either option is to be designed and implemented to the satisfaction of the City Traffic Engineer. Additionally, the two western most proposed project driveways on Rosecrans may require adjustment in width and placement to provide for a greater turning radius, or smoother right -turn movement, into the site to reduce the risk of rear - end collisions.

4. As a part of the resurfacing of Rosecrans Avenue, the applicant is to remove the two small, raised medians on the approach to Camino Loma and Euclid Street and make appropriate signage and marking adjustments as necessary to the satisfaction of the City Engineer.

5. As a part of the resurfacing of Euclid Street, the applicant shall adjust the roadway striping, to the satisfaction of the City Traffic Engineer, to provide for a 12 - foot - wide right -turn lane leading into the proposed project's Euclid driveway.

6. The applicant is to provide funds to upgrade the Euclid Street & Rosecrans traffic signal's in -pavement vehicle detection ( loops), which would be destroyed by the required roadway resurfacing, with a video detection system consistent with City specifications. The traffic signal's existing loop wires and conductors are to be pulled out of the existing conduits and discarded and new conductor cable and detection system communications wiring to support control and monitoring operations be installed. The City is currently designing a modernization of the intersection's traffic signal to include these modifications and it is estimated that the applicant's fair share cost of procuring and installing the new video detection system and associated equipment and wiring is $ 46,500. The applicant is to provide said funds to the City within 90 days of a written request for the funds from the City Engineer.

7. In anticipation of additional pedestrians and transit patrons generated by the development, the applicant is to provide funds to upgrade the Euclid Street & Rosecrans traffic signal with an additional traffic signal pole on the southwest corner for the purposes of providing a second eastbound vehicle indication for right turns, pedestrian push buttons for the west - leg and south - leg crosswalks, and new sidewalk and safety lighting for the bus stop on the eastside of Euclid Avenue in accordance with current ADA and City of Fullerton traffic signal design practices. Other minor adjustments to the existing traffic signal facilities at the intersection will also be required to accommodate the modifications noted above. The City is currently designing a modernization of the intersection's traffic signal to include these modifications and it is estimated that the applicant's fair share cost of procuring and installing the pedestrian safety improvements noted above to be $ 68,000. The applicant is to provide said funds to the City within 90 days of a written request for the funds from the City Engineer.

8. The applicant is to provide a 2 - inch conduit with pull rope for future traffic signal 9 PRJ 2021-00006
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interconnect purposes along Rosecrans Avenue from Euclid Street to Camino Loma and along Euclid Street from Rosecrans Avenue to Paseo Dorado. The conduit installation shall be designed to the satisfaction of the City Traffic Engineer and be installed as a part of the required roadway resurfacing in accordance with City specifications.

9. Dedicated traffic signal interconnect plan, or plans, are required to show the new 2 - inch interconnect conduit facilities and be provided to the satisfaction of the City Traffic Engineer.

10. Dedicated signing and striping plan, or plans, will be required for all proposed non - electrical 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 signs and striping and be provided to the satisfaction of the City Traffic Engineer.

11. Each of the new private streets are to be provided unique street names that do not copy or conflict with any existing street names already in use within the City. The list of proposed street names are to be submitted to the City Traffic Engineer and the Director of Community and Economic Development for concurrence during the design phase of the project. All streets are to be posted with street name signs in accordance with City of Fullerton and CAMUTCD signage requirements.

13. The applicant is to work with the City Traffic Engineer and OCTA to provide improvements to the two bus stops at the Euclid Avenue and Rosecrans intersection that are likely to be frequented by residents of the Project. Improvements could include lighting, shelter(s), and other bus patron amenities.

14. Any signage installed in the public right of way directing potential homebuyers to model homes during construction of the project subdivision shall be approved by the City Traffic Engineer and installed through an encroachment permit.

MAPPING AND RIGHT OF WAY

1. A final 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. An easement for access purposes shall be made to the City of Fullerton on the Final Map. 9 PRJ 2021-00006
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Page 8 ends

3. All common areas, including parking and circulation areas, are subject to a Mutual Access and Easement Agreement. In addition, there will be several common project improvements between the parcels that will result in commonly used facilities. Prior to issuance of Building Permit, a Mutual Access and Maintenance Agreement shall be executed between the parcels.

4. A Southern California Edison ( SCE) easement is located on site. If the SCE easement conflicts with the proposed improvements, all utilities within the SCE easement shall be relocated and the easement shall be abandoned and rededicated as necessary and to the satisfaction of the utility owners prior to issuance of certificate of occupancy.

5. Existing public and private easements shall be shown on the final map and any modification to an existing public and/or private easements shall be coordinated and approved by applicable easement owners.

6. The proposed easement abandonments of easements in favor of the City 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.

7. All facilities crossing lot lines shall be located in private easements.

8. All new easements shall be recorded concurrently with the recordation of final map.

9. The final map shall be recorded with the Orange County Recorder's office within two years from the date of the tentative map approval, unless extensions are granted per the Subdivision Map Act or as otherwise in accordance with approved development agreement.

10. The final 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.

11. All required public and reciprocal access easements shall be dedicated on the final map.

12. Prior to the recordation of the final map, the applicant shall provide draft Covenants, Conditions, and Restrictions and any corresponding Agreements to the Directors of Community and Economic Development and Public Works Departments for review and approval. The CC&Rs shall address maintenance of common areas, slope areas and utilities to the satisfaction of the City.

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. 9 PRJ 2021-00006
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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 $ 20,000 shall be deposited with the 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 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.

2. 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.

3. 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.

4. During site improvement, all deliveries to the project site that are overweight or oversize will require a transportation permit from the Public Works Department.

5. The project shall utilize the City's benchmarks. A list of the City's benchmarks is available on the City of Fullerton website.

6. Subdivision and Topographic Mapping shall be in the new horizontal datum NAD83 ( 2011) Epoch 2017.50.

7. Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313.

8. 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. 9 PRJ 2021-00006
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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.

9. 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.

10. 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.

11. Applicant shall coordinate with the Public Works Department for the installation of a fiber optic system to all residential properties.

12. For any traffic control installed 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. 9 THE PINES AT SUNRISE VILLAGE

MITIGATION MONITORING

AND REPORTING PROGRAM
Prepared for
Prepared by
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832
Kimley-Horn and Associates, Inc.
1100 W Town and Country Road, Suite 700
Orange, California 92868
Date: October 2021
The Pines at Sunrise Village
Mitigation Monitoring and Reporting Program

The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each MM:

THE PINES AT SUNRISE VILLAGE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
MitigationMonitoringand Rep
orting
Program
Mitigation M
easures (
MMs) Implementati
on
Timing
Monitoring/Reporting
Methods
Responsiblefor
Appro
val/
M
onitoring
Verificati
on
Date Initials
Geology and Soils
MM GEO-1: Priortograding permit issuance, the City shall review allProject plans and all other relevant construction permits to verify compliance with the Geotechnical and Infiltration Evaluation GeoTek, Inc. 2020) recommendations and other applicable C ode
requirements.

Prior to Grading Permit
Issuance and During
Construction
Verify Requirements
Included on Grading and
Construction Plans;
Conduct Inspections
Pla
nning
andBuilding
SafetyDivisions
MM GEO-2: Paleontological Resources. In the event that
paleontological resources are inadvertently unearthed during excavation and grading activities, the contractor shall immediately ceaseall
e
arth - disturbing activities within a 100 - foot radius of the areaofdiscovery. The Applicant shall retain a qualified professionalpaleontologist subject to approval bytheCity of Fullerton, to evaluate the significance of the finding and appropriate course of action. Ifavoidance of the resource(s) is not feasible, the Applicant shall follow salvage operation requirements pursuant to State CEQA Guidelines § 15064.5.

A
fter the Applicant has appropriately
avoided or mitigated the find, work in the area mayresume.

During Excavati
on
and
Grading Activities If
Paleontological Resources
are Unearthed
Verify Requirements
Included on Grading and
Construction Plans
Acceptance of a Qualified
Professional
Paleontologist, If
Paleontological
Resources ar
e
Unearthed;
Evaluate Significance of
Findings
Planning andBuilding
SafetyDivisions;
Applicant;
QualifiedProfessional
Pal
eontologist
Hazards and Hazardous Materials
MM HAZ-1: DTSC ResponsePlan. Prior to the issuance of
demolition permits, the City shall review all Project plans and all other relevant engineering drawings to verify compliance with the recommendations from the DTSC approved ResponsePlan. The Response Plan would include mitigation andrecommendations to addressthepotentialsoilcontamination and soil vapor hazards PriortoDemolitio n Permit
Issuance
Verify DTSC Approved
Response Plan
Requirements Included
onProject Plans and
Engineering Drawings
Planning andBuilding
SafetyDivisions
3 Pines at Sunrise Village
Initial
Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Mitigation Measures ( MMs) Implem
entation
Timing
M
onitoring/Reporting
Methods
Responsiblefor
Approval/
M
onitoring
Verificatio
n
Date Initials
from the prior Sunrise Cleaners dry cleaning use. Actions include the following:

Contaminated soil identified as exceeding screening levels shall be excavated, segregated, manag
ed
in temporarily st
ockpiles
with
appropriate cover, profiled, and transported to a licensed disposal facility.

28. 1f conditions warrant,
as determined by DTSC, the SSD system shall be
converted
to an
active system, which will actively remove vapors from beneath the footprint of structures.

Standard Conditions ( SCs) Impleme
ntation
Timing
M
onitoring/
R
eporting
Meth
ods
Resp
onsible
f
or
Approval/
M
onitoringVerificati
on
Date Initials
Air Quality
SC AQ-1: Dust Control. Duringconstruction, construction contractors shall comply with South Coast Air Quality Management District's ( South Coast AQMD's) Rules 402 and 403 to minimize construction emissions of dustparticulates. South Coast AQMD Rule 402 requires that airpollutant emissions of dust and particulates. South Coast AQMD Rule 402 requires that air pollutant emissions not be a nuisance
o
ff site. Rule 402prohibits the
discharge from any sourcewhatsoever such quantitiesof air contaminantsorother material which cause injury, detriment, nuisance, orannoyance to anyconsiderable number ofpersonsor to the public, orwhich endanger thecomfort, repose, health, or safety of any such persons or the public, or which cause, or have a During Construction Verify Requirements
Included on Grading and
Construction Plans; Site
Inspections
Planning andBuilding
SafetyDivisions
4 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Standard Conditions ( SCs) Implementation Timing
Monitoring/ Reporting
Methods
Responsiblefor
Appr
oval/
M
onitoring
Verification
Date Initials
natural tendency to cause, injury or damage to business or property.

Table 1
of
Rule
403 lists the Best Available Control Measures that are applicable to allconstruction projects. The measures include, but are not limited to , thefollowing:
a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or
o
therwise stabilized.
b. All on - siteroads willbepaved as soon asfeasible or watered periodicallyorchemicallystabilized.
c. All material transported off site will be either sufficiently watered or securely covered toprevent excessiveamountsof dust.
d. The area disturbed by clearing, grading, earthmoving, or excavation
o
perations will be minimized at alltimes.e. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept dailyorwashed down at the end of the workday to remove soil tracked onto the paved surface.

SC AQ-2: ArchitecturalCoatings. South Coast Air Quality Priorto Construction Verify Requirements Planning andBuilding Management District ( South Coast AQMD) Rule 1113 requires manufacturers, distributors, and end - users of architectural and industrial maintenance coatings to reduce reactive organic gas Included on Construction
Plans
SafetyDivisions
5 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Standard Conditions ( SCs) Implementation Timing
M
onitoring/
Reporting
Methods
Responsiblefor
Approval/
Monitoring
Verificati
on
Date Initials
ROG) emissionsfrom the use of these coatings, primarily by placing limits on the ROG content of various c
oating
categories.

Architectural coatings shall be selected so that the volatile organic compound ( VOC) content of the coatings is compliant with South Coast AQMD Rule 1113. This requirement shall be included as notes oncontractor
specifications.Biological Resources
SCBIO -1: NestingMigratory Birds. During construction,
grubbing, brushing, or tree removal shall be
conducted
outside of
the stateidentified nestingseason for migratory birds ( i .e ., typically
M
arch 15 throughSeptember 1), if possible. If
construction activities cannot be conducted
o
utside ofnesting
season, aPre -Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three days prior to initiatingconstruction activities. If active nests are found during the Pre - Construction Nesting Bird Survey, a Nesting Bird Plan ( NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, andreporting. The size andlocation of all bufferzones, if required, shall be based on the nestingspecies, nesting sage, nestlocation, its sensitivity to disturbance, and intensity andduration of the disturbance activity.

During Construction; Three
Days Prior
to
C
onstruction,
If
Duri
ng
Migratory Bird
Nesting Season
Verify Requirements
Included
on
Grading and
Construction Plans
Verify Pre - Construction
Nesting Bird Survey
Conducted and Nesting
Bird Plan Prepared, If
Required
PlanningandBuilding
SafetyDivisions
Qualified Bi
ologist
Cultural Resources
SC CR-1: In the event that cultural resources ( archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, thecontractor shall immediately cease all earth disturbing activities within a 100 - foot radius of the area ofdiscovery. The Applicant shall retain a qualified professional ( i.e., archaeologist, During Excavation and
Grading Activities If
Resources are Unearthed
Verify Requirements
Included on Grading and
Construction Plans
Acceptance of Qualified
Profe ssional
PlanningandBuilding
SafetyDivisi
ons;
Contractor;
QualifiedProfessional
Archeologist,
6 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration Mitigati on
Monit
oring
and Reporting Program
Standard Conditions ( SCs) 1 Implementation Timing
Monitori
ng/
Reporting
Meth
ods
Responsibl
e
f
or
Appr
oval/
M
onitoring
Verification
Date Initials
historian, architect, paleontol
ogist,
Nativ
e
America
n
Tribal
monitor), subject to appr
oval
by the City of Fullerton, to e
valuate
the significance ofthe finding and appr
opriate
course of action . If
avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064 . 5 of the State CEQA Guidelines shall be followed. After the find has been appr opriately
avoided or mitigated, work in the
area
may resume.

Archeologist, Historian,
Architect, Paleontologist,
or Native Tribal M
onitor
E
valuate
Significance
of
Findi
ng
Hist
orian,
Architect,
Paleont
ologist,
or
NativeTribalMonitor
QualifiedProfessional
Archeologist,
Historian, Architect,
Paleont
ologist,
or
NativeTribal
Monitor
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 SafetyCode Section7050. 5, nofurther disturbance shall occur until the County coroner has made the necessary findings as to origin anddisposition pursuanttoPublicResources Code Section5097. 98. If the remains are determined to beofNative American descent, thecoroner shall within 24 hours notify the Native American HeritageCommission ( NAHC). The NAHC shall then contact themost likely descendant of the deceasedNative American, who shall serve as consultant on how to proceed with theremains.

During Excavati
on
and
Gradi
ng
Activities, If Remains
are Unearthed
Verify Requirements on
Construction Plans
Site Inspections
Planning andBuilding
SafetyDivisions
C
ounty
Coroner
Geology andSoils
SC GEO-1: Project plans and designs shall comply with FMC Chapter

14. 03 — Building Code, which incorporates the 2019California Building Standards Code which contains allregulations for how buildings are designed and constructed and are intended to en
sure
themaximum structural integrity and safety of private and public buildings.

Prio r to Building Permit
Issuance
Verify Requirements on
Construction Plans;
Conduct Inspections
Planning andBuilding
SafetyDivisions
7 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand R eporting
Program
Standard C
onditions (
SCs) Implementati
on
Timing
Monitoring/ Reporting
Meth
ods
Responsiblefor
Approval/
Mo
nitoring
V
erification
Date Initials
Greenhouse Gases
SC GHG-1: Prior to issuance of building permits, the Applicant shall be required to demonstrate to the Community and Economic Development Department, Building Division that building plans meet the applicable Title 24 Energy Efficiency Standards for Residential Buildings ( California Code of Regulations [ CCR], Title 24, Part 6). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods
Prior to B
uilding
Permit
Issuance
Verify Requirements on
Construction Plans;
Conduct Inspections
Communityand
Economic
Development
Department;
PlanningandBuilding
SafetyDivisions
SC GHG-2: Prior to issuance of building permits, the Applicant shall be required to demonstrate to the Community and
EconomicDevelopment Department, Building Division that building plans meet the applicable California Green Building Standards ( CalGreen) Code ( 24 CCR 11).

Prior to Building Permit
Issuance
Verify Requirements on
C
onstruction
Plans;
C
onduct
Inspections
Communityand
Economic
Development
Department;
PlanningandBuilding
SafetyDivisions
Hazards and Hazardous Materials
SC HAZ-1: Priortostructuraldemolition/renovationactivities, a Certified EnvironmentalProfessional shall confirmthepresenceor absence of ACM's and LBPs. Should ACMs or LBPs bepresent, demolition materials containing ACMs and/or LBPs shall be removed and disposed of at an appropriate permittedfacility.

Prior
to
Demolition C
onduct
Inspections C
ertified
Environmental
Professional;
PlanningandBuilding
SafetyDivisi
ons
Hydrology
SC HYD-1: Prior to issuance of any Grading or Building Permit, and as part of the futuredevelopment's compliance with the NPDES requirements, aNoticeof Intent shall be prepared and submitted to the Santa Ana RWQCB providingnotification and intentto comply with the State of California General ConstructionPermit.

Also, a StormwaterPollution Prevention Plan ( SWPPP) shall be reviewed and approved by the Director of Engineering for water Prior to Grading and Building
Permit Issuance
Verify Requirements on
Construction Plans,
Notice of Intent, and
SWPPP
Conduct Inspecti
ons
Director of
Engineering; Santa
AnaRWQCB;
PlanningandBuilding
SafetyDivisions
8 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Standard Conditions ( SCs) Implementation Timing
Monitoring/ Reporting
Methods
Responsiblefor
Approval/
M
onitoring
Verification
Date Initials
quality construction activities
on -
site . A copy
of
th
e
SWPPP shall
be
available and implemented at the construction site at all times. The SWPPP shall outline the s
ource
contr
ol
and/or treatment control
BMPs to avoid or mitigate run
off
pollutants at the construction site
to the " maximum extent practicable." All recommendations in the Plan shall be implemented during area preparation, grading, and construction. The project applicant shall comply with each of the recommendations detailed in the Study, and other such measure(s) as the City deems necessary tomitigate potential stormwater runoff impacts.

SC HYD-2: Priortoissuance ofany Grading Permit, future
development projects shall prepare, to the satisfaction of
the
DirectorofEngineering, a Water Quality Management Plan or StormwaterMitigation Plan, which includes Best Management Practices ( BMPs), in accordance with the OrangeCounty DAMP. All recommendations in the Plan shall be implemented during post construction/operation phase. The project applicant shallcomply with eachofthe recommendations detailed in the Study, and other such measure(s) as the City deems necessary to mitigatepotential water quality impacts.

Prior
to
Grading Permit
Issuanc
e
Verify Requirements on
Constructi
on
Plans;
Conduct Inspections
Planning andBuilding
SafetyDivisions
SC HYD-3: Sitedevelopment shall not result in theincreaseof storm water run-off and flow intensity to the adjacent properties nor
o
bstructstormwater flowintothe site.

Prior toConstructi
on;
Construction Completion
Site Inspection Planning andBuilding
SafetyDivisi
ons
Noise
SC N-1: All construction and general maintenance activities that are anticipated to exceed thenoise standards set forth in FMC Section

15. 90 shall be limited to thehours of 7a. m. to8p. m. Monday through Saturday, except in the caseofan emergency. Noise associated with construction, repair, remodeling or gradingof any real property must comply withthestandards set forth in FMC Section 15.90 between 8p. m. and 7 a.m. Monday through Saturday DuringCo nstruction Verify Requirements on
Construction Plans;
Conduct Inspections
Planning andBuilding
SafetyDivisi
ons
9 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Standard C
onditions (
SCs) Implementation Timing 1
Monitoring/ Reporting
Methods
Responsiblef
or
Approv
al/
M
onitoring
Verificati
on
Date Initials
and at any time on Sunday or City - recognized holidays. All on - site construction
e
quipment
shall ha
ve
properly operating mufflers and
applicant should utilize the quietest equipment available .

SC N-2: The 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 acc ording
to industry standards and be in goodworking
condition .Place noise - generating construction equipment and locateconstruction staging areas awayfromsensitive uses, where feasible. • Use electric aircompressors and similar power tools rather than diesel equipment, where feasible.

Construction - related equipment, including heavy-duty equipment, motorvehicles, 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 jobsuperintendent. If the City or thejob superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action takento the reportingparty.

During Construction Verify Requirements on
C
onstruction
Plans;
Conduct Inspections
Planning andBuilding
SafetyDivisions
PublicServices
SC PS -1: The Applicant shall comply with the Fullerton Fire Prevention Ordinance as per FMC Chapter 13, Fullerton Building Code as per FMC Chapter 14, the California Fire Code, and the CBC in regards todesignoffire facilities.

Prior Building Permit
Issuance
Site Inspectio
ns
Planning andBuilding
SafetyDivisions
10 Pines at Sunrise Village
Initial Study and Mitigated Negative Declaration MitigationMonitoringand Reporting Program Standard Conditi
ons (
SCs) Implementation Timi
ng
Mo
nitoring/
R
eporting
Methods
R
esponsible
f
or
Appr
oval/
Monitoring
Verification
Date Initials
SC PS -2: Prior to
the
issuance of building permits, the Applicant
shall submit evidence to the City of Fullerton that legally req uired
school impact fees have been paid per the mitigation established by the applicable school district .

Prior to the issuance of
building permits
Fee Submittal Record Planning andBuilding
SafetyDivisions
Recreation
SC REC-1: In accordance with FMC Chapter 21 . 12, 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 .

Allmoneycollected asfeesimposed by FMCChapter 21 . 12 shall be
deposited in the park dwelling fund and used for the acquisition, development, and improvement ofpublic parks and recreational facilities in the City, as proposed bytheCity's Five - Year Capital Improvement Program. The Community and Economic
DevelopmentDepartment shallconfirm compliance with this requirement prior to issuance of a building permit.

Prior Building Permit
Issuance
Fee Submittal Record Planning a
nd
Building
SafetyDivisions;
Communityand
Economic
Development
Department
Transportation
SC TRANS - 1: Prior to construction, future developers shallprepare a TrafficControl Plan for implementation during theconstruction phase , as deemed necessary by the City TrafficEngineer. ThePlan may include the following provisions, among others:

At least one unobstructed lane shall be maintained in both directions onsurroundingroadways.

At any time
o
nly a single lane is available, the developer 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, thedeveloper shallprovideappropriatesignage indicating detours/alternative routes.

Prior Construction Verify Requirements on
Traffic Control Plan
City TrafficEngineer
Tribal CulturalResources
SC CR-1 and SC CR-2
a
re applicable to thissec tion.
11 City of Fullerton

RESOLUTION CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF FULLERTON )
RESOLUTION NO. 2023-004
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. 2023-004 at a regular meeting of the City Council held on the January 3, 2023 by the following vote:

COUNCIL MEMBERS IN FAVOR:

COUNCIL MEMBERS OPPOSED:

COUNCIL MEMBERS ABSTAINED:

COUNCIL MEMBERS ABSENT:

Jung, Whitaker, Charles, Dunlap, Zahra
None
None
None
RESOLUTION NO. 2023-005

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 19148 TO

CREATE A RESIDENTIAL SUBDIVISION WITH TWO LOTS FOR

CONDOMINIUM PURPOSES AND THREE LOTS FOR COMMERCIAL
PURPOSES ON A 12.52 - ACRE PROPERTY LOCATED ON THE

SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS
AVENUE
PRJ2021-00006 — ZON-2021-0032, SUB - 2021-0002, LRP-2021-0006, LRP-2021-0007, LRP-2021-0008
APPLICANT: SHOPOFF REALTY INVESTMENTS, L.P.

PROPERTY OWNER: SUNRISE VILLAGE OWNER, LLC.

WHEREAS, the applicant filed applications with the City of Fullerton Community and Economic Development Department for a Major Site Plan ( ZON-2021-0032), Tentative Tract Map ( SUB- 2021-
0002), General Plan Revision ( LRP-2021-0006), Zoning
Amendment ( LRP-2021-0007) and Development Agreement ( LRP-2021-0008) for construction of a 113 dwelling unit residential community, including 49 detached single- family residential homes and 64 townhomes, retention of an existing 4,000 square foot building and construction of 19,000 square feet of new commercial space on property more specifically described as Orange County Assessor's Parcel Nos. 287-241-01,- 04 and - 06 ( Lot 1 of Lot Line Adjustment No. 207, in the City of Fullerton, County of Orange, State of California, recorded September 12, 2021 as Instrument No. 2021000509353 of Official Records in the office of the County Recorder of said county; Together with Parcel 4, in the City of Fullerton, County of Orange, State of California, as shown on a map filed in Book 88, Page 50 of Parcel Maps in said office of the County Recorder.).

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-2021-00006.

WHEREAS, FMC Section 16.02.030 authorizes the Planning Commission to act on a Tentative Tract Map and FMC 15.76.060.0 establishes that the City shall process multiple applications for the same project concurrently and reviewed and approved or denied by the highest review authority designated by the Title for any of the applications.

WHEREAS, the Planning Commission of the City of Fullerton recommended that City Council approve PRJ2021-00006 including Major Site Plan ( ZON-2021-0032), Tentative Tract Map ( SUB- 2021-0002), General Plan Revision ( LRP-2021-0006), Zoning Amendment ( LRP-2021-0007) and Development Agreement ( LRP-2021-0008).

WHEREAS, the City of Fullerton, as Lead Agency, prepared an Initial Study / Mitigated Negative Declaration to identify the potential environmental impacts associated with the Resolution No. 2023-005

Page 2 ends

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 ( California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.).

WHEREAS, the City analyzed the revised project under the California Environmental Quality Act ( CEQA) to determine if the revised project would constitute a substantial revision of the negative declaration and whether the project would result in any new or unavoidable significant effects. Upon review, the proposed Project revisions will not result in any new Project impacts or increase the severity of a previously identified significant impact as discussed in The Pines at Sunrise Village IS / MND. Consistency analysis finds that the original Initial Study adequately addressed the potential impacts of the Project with site plan changes under consideration.

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 16.02.030 finds as follows:

Finding: The City Engineer and Director of Community and Economic Development shall examine each tentative tract map filed for its correctness and compliance with City ordinances and policies.

Fact: That Tentative Tract Map TTM 19148 meets the requirements of Fullerton Municipal Code Title 16 and the State of California Subdivision Map Act. The City Engineer has reviewed the proposed map in relation to the provisions of Fullerton Municipal Code Title 16 and the Subdivision Map Act and has found the map in conformance with these regulations.

Finding: That Tentative Tract Map TTM 19148 conforms to The Fullerton Plan, as follows:

Fact: The proposed subdivision will provide for infill residential development on an underutilized commercial retail parcel with a vacancy rate of approximately 45%, introducing new housing options that are compatible in height and scale with the site and its surroundings near exiting single- and multi - family residential communities and neighborhood serving commercial uses in the City.

Resolution No. 2023-005

Page 3 ends

Fact: Facilitating the addition of dwelling units in areas with existing infrastructure is consistent with State and local housing goals that emphasize the need for increased housing production across all income levels and the City's goals for growth aligned with infrastructure capabilities.

3. City Council does hereby approve said Tentative Parcel Map SUB - 2021-0002 / TTM 19148, subject to the following conditions of approval:

1. Approval of this application is contingent on the approval of Major Site Plan ZON-2021- 0032), General Plan Revision ( LRP-2021-0006), Zoning Amendment ( LRP-2021-0007) and Development Agreement ( LRP-2021-0008).

If any of the foregoing are denied, this application shall be similarly denied. The effects of this resolution shall occur on the earliest day upon which all the foregoing and this resolution can legally go into effect.

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 3, 2023.

Fred Jung
Mayor
ATTEST:

Da
Resolution No. 2023-005

Page 4 ends

Attachments:

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 operationsshall 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;
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-3
SC AQ-4
SC AQ-5
SC AQ-6
The following measures shall be implemented to reduce VOC emissions resulting from application of architectural coatings:

1. Construct/build with materials that do not require painting; and Use pre - painted construction materials.

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 BIO-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 MBTAorthe 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.

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.

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 HAZ-1 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.

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 temporarytraffic signal, signal carriers ( i.e., flag persons), or other appropriate traffic controls to allow travel in both directions.