Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 18, 2025
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT PREPARED BY: CHRIS SCHAEFER, AICP, PLANNING MANAGER
SUBJECT: FULLERTON MUNICIPAL CODE AMENDMENTS REGARDING HOUSING INCENTIVE OVERLAY ZONE COURTESY NOTIFICATION HEIGHT STANDARDS
SUMMARY
City Council approved the Housing Element on January 7, 2025 and directed staff to present revisions to courtesy notification requirements and HIOZ-zoned properties adjacent to preservation zoned properties height restrictions at a future meeting.
PROPOSED MOTION
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - An ordinance OF the city council of the city of fullerton, CALIFORNIA, AMENDING fullerton municipal code section 15.08.060 and SECTION 15.23.050 REGARDING COURTESY NOTIFICATION and aMENDING TABLE 15.17.075.D REGARDING BUILDING HEIGHT RESTRICTIONS relating TO the Housing incentive overlay zone program
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
This item and change was requested by City Council.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Infrastructure and City Assets.
FISCAL IMPACT
The City would incur mailing costs to send courtesy notifications to property owners, tenants and businesses within a 300-foot radius of any HIOZ project, as requested in this action. Typical costs for this requirement range from a couple hundred dollars to a couple thousand dollars, depending on the number mailings required. Costs include staff time, supplies and postage. Community and Economic Development budget appropriations would support these costs.
BACKGROUND AND DISCUSSION
City Council adopted the Housing Element for the 6th Cycle on January 7, 2025. However, City Council pulled items pulled for additional discussion with the second reading on January 21, 2025 and directed staff to make minor changes to the appropriate Fullerton Municipal Code sections to add courtesy noticing requirements as well as height restrictions for projects abutting historical designated property. City Council approved the ordinance at the time to ensure the City would make its legal obligations to the California Department of Housing and Community Development (HCD). Staff noticed the revisions through the appropriate means including online, newspaper, City posting boards and mailings to affected property owners.
The proposed changes include amendments to Fullerton Municipal Code Section 15.08.060 and Section 15.23.050 to add a requirement to mail a notice to any property owner, tenant or business within 300 feet of any HIOZ project submitted for City review. HIOZ zoning is a by-right process and does not normally require notification. This requirement would notify any adjacent affected party of a proposed HIOZ project and ensure transparency.
The proposed changes also include amendments to Table 15.17.075.D that provides the maximum height for the HIOZ zone. Originally, any proposed HIOZ development 100 feet of an R-1 zoned property was subject to a 30-foot maximum height (with a grade differential of less than 20 feet) or 40 feet (with a grade differential or greater than 20 feet). City Council requested this additional language to alleviate concerns of projects looming over historical designated properties that included R-1P, R-2P, R-3P zoned or historically designated properties.
City consultants analyzed the changes to Table 15.17.075.D to ensure height restriction additions next to any historical designated parcels would not cause issues with the City meeting RHNA numbers and determined the City could still meet RHNA with a one percent buffer (see the following table).
Very Low Income
Low Income
Moderate Income
Above Moderate Income
Total
RHNA Allocation
3,198
1,989
2,271
5,751
13,209
Planned and Approved Units
67 133
131
2,227
2,558
ADUs
90 155
108
10 363
Remaining RHNA After Credits
3,041
1,701
2,032
3,514
10,288
HIOZ*
3,051
1,709
2,060
3,437
10,257
Surplus Land/Owner Interest*
7 5
0 117
129
Total Units After Credits
3,058
1,714
2,060
3,554
10,386
Total Unit Surplus
17 13
28 40
98 Total % Buffer above RHNA Allocation
1%
1%
1%
1%
Staff recommends City Council introduce the ordinance. Staff would present further changes for any corrections required by HCD related to FMC sections, however, staff does not anticipate changes at this time.
Attachments:
Attachment 1 – Draft City Council Ordinance No. XXXX
Attachment 2 – Summary of Changes
cc: City Manager Eric J. Levitt
HIOZ Development Standards Amendment
February 18, 2025 - Page 2