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HomeMy Public PortalAbout3 PC Item No. 3 Fox Block Development Staff Report and Attachments 1-2 CITY OF FULLERTON _______________________________________________________________________________________________________________________________________________ Community and Economic Development Department THE EDUCATION COMMUNITY 303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6598 · Fax (714) 738-3110 · Website: www.cityoffullerton.com Item No. 3 October 26, 2022 6:30 p.m. Public Hearing TO: Chair Cox and Members of the Planning Commission APPLICATION PRJ2022-00004; ZON-2022-0053, ZON-2022-0054, ZON-2022-0055, and SUB-2022- 00003 APPLICANT Fox Harbor, LLC LOCATION Corner of Harbor Boulevard and Ellis Place: • 550 North Harbor Boulevard (Angelo’s and Vinci’s Ristorante building); • “Triangle Parcel” north of Ellis Place (parking lot); • Western portion of Ellis Place to be vacated; • Parking lot located at the northwest corner of Pomona Avenue and Chapman Avenue. SUMMARY AND APPLICATIONS REQUESTED The project consists of various components, as detailed below, to create a food destination consisting of 14 restaurants, a microbrewery, landscaped outdoor common dining area, live entertainment, and a lounge. The project would involve the construction of a new 6,830 square foot building on the adjoining parcel further referred to as the “Triangle Parcel” which is generally located at the corner of Harbor Boulevard and Ellis Place, on the north side of Ellis Place and to the southeast of the Orange County Flood Control drainage channel. This parcel is owned by the City of Fullerton as part of the former Redevelopment/Successor Agency and would be sold to the project applicant as contemplated through a Disposition and Development Agreement (DDA) that is required to be approved by the City Council. Planning Commission Staff Report October 26, 2022 Item No. 3 Page 2 PRJ2022-00004 Additionally, the Angelo’s and Vinci’s property, located at 550 North Harbor Boulevard, will undergo an extensive interior renovation and exterior modification to accommodate new restaurant uses on the ground level (both with shared indoor dining area and outdoor patio space) and a lounge with a full liquor bar on the second level within the existing building. An Alcoholic Beverage Control (ABC) Type 47 license (On-Sale General – Eating Place) has been in operation on this site since at least 1992. Parking for the newly proposed building would be located at the existing parking lot located at the northwest corner of Pomona Avenue and East Chapman Avenue. Furthermore, the existing parking lot comprised of four parcels located on the northwest corner of Pomona Avenue and Chapman Avenue is also owned by the City of Fullerton as part of the former Redevelopment/Successor Agency. Along with the Triangle Parcel, the parking lot parcels will also be sold to the project applicant through a DDA that is required to be approved by the City Council. A variety of off-site improvements would also be a part of the project including an improved crosswalk across Harbor Boulevard for improved pedestrian access and increased safety. Angelo’s and Vinci’s Ground Floor The westerly portion of the ground level of the Angelo’s and Vinci’s building (as shown in Attachment 4) will be reconfigured to have two full-service restaurant spaces of approximately 2,300 square feet each. Both of these restaurants will have front entrances facing onto Harbor Boulevard. Final floor plans for these uses would be developed once final tenants have been selected, therefore details concerning the lay-outs, number of tables and seats, and exterior elevations are not developed at this time. The easterly portion of the ground floor within the building will accommodate five restaurants/food vendors. The spaces range in size from approximately 427 square feet to 708 square feet and would be arranged with an internal common dining area separating three of the vendor spaces from the other two. The common dining area would be approximately 1,483 square feet with approximately 42 seats arranged around three tables. Patrons would also have the ability to take their food items outside to sit and eat in a common area on the north side of the building (further described below – see “Ellis Place Vacation”). Angelo’s and Vinci’s Second Floor The upper floor of the building would be renovated to create a new 5,088 square foot lounge area (see Attachment 4). The proposed lounge is anticipated to have live entertainment such as live music, dancing, and DJ. Since there is not an operator under a lease for the space at this time, the floor plans have not been developed. The Conditional Use Permit would authorize the ability to have a lounge use with full liquor service and entertainment. The entertainment would also be subject to review and approval of the Fullerton Police Department and the establishment of a security plan. As conditioned, issuance of permits for the interior build-out of the lounge area would not occur until an Entertainment Permit and associated security plans are approved to the satisfaction of the Community and Economic Development Department and Police Department. The lounge would also have a balcony area of approximately 662 square Planning Commission Staff Report October 26, 2022 Item No. 3 Page 3 PRJ2022-00004 feet and would be open to the rear of the building to the east. There would be an external staircase to allow for exiting from the balcony directly to the ground level. In total, the renovated building contains roughly 16,420 square feet which includes both levels, an attic, and a basement. The attic and basement are not open to the public and will be utilized by the owner and tenants for equipment and storage space. Ellis Place Vacation To create pedestrian connectivity between the Angelo’s and Vinci’s property and the Triangle Parcel to the north across Ellis Place, the western portion of Ellis Place abutting Harbor Boulevard will be vacated. This portion of the street is approximately 161 feet long by 28 feet wide. This abandoned street will create a grade-separated pedestrian space that will be utilized as a large outdoor dining area. A new cul-de-sac will be constructed at the point the street is vacated near the northeast corner of the Angelo’s and Vinci’s building and will also provide vehicular access to the Fox Theatre alley running along the east side of the building. The newly-created public space will be used for outdoor dining and entertainment and will be outfitted with a variety of high-quality amenities to include picnic style tables and benches, fiber optic overhead “string lights”, decorative pavers, over-sized pots with plants and trees, and wall decorations. The space will be protected with raised curbs along Harbor Boulevard and at the new cul-de-sac. Large planters with trees will be placed at the east and west ends of the outdoor dining area to provide a visual delineation to the edge of the streets and to prevent vehicles from trying to enter the space. The Fox alley will be modified to both dedicate a portion of its property to the new Ellis Place cul-de-sac and receive a portion of land from the vacated Ellis Place. The vacation of Ellis Place will not impact the City’s General Plan as the street is not characterized as a collector street and it is not part of any designated bicycle path. A map will be processed by the Public Works Department when required. Triangle Parcel Development The Triangle Parcel, located directly north of Angelo’s and Vinci’s across Ellis Place, is a City-owned parcel currently developed with a parking lot. The northwesterly portion of the parcel abuts the Brea Creek drainage canal, the eastern portion abuts a privately- owned parking lot, and the southern edge abuts Ellis Place. The development of this site consists of constructing a new single-story structure arranged in a “V” shape, with a mezzanine level. The space is proposed to be utilized by a microbrewery business and seven food vendors (refer to Attachment 4). The new building is proposed to contain 6,830 square feet of floor space and will be a maximum of 32 feet in height to its highest point (the mezzanine space). The building is intended to accommodate the new restaurants, a full production brewery that will produce approximately 3,000 barrels per year, and a tasting bar counter. As previously stated, the proposed building will be configured in a “V” shape which generally follows the shape of the underlying parcel. The closest residential property is approximately 60 feet to the east of the subject parcel and fronts on Ellis Place. Residential properties to the west are over 180 feet from the site across Harbor Planning Commission Staff Report October 26, 2022 Item No. 3 Page 4 PRJ2022-00004 Boulevard, which are buffered by an existing commercial building. The east and north walls of the new building will not have any openings and therefore will act as a solid buffer to help contain noise on the site. Pomona Avenue and Chapman Avenue Parking Lot The existing parking lot at the northwest corner of Pomona Avenue and Chapman Avenue will be left as a public parking lot to serve as the required parking for the new development and uses. This parking lot will require the approval of a Conditional Use Permit, since the required parking will not be located on the same parcel as the proposed building. Staff believes this is appropriate, given the proximity of the parking lot to the project sites. It is approximately 400-500 feet in distance from the subject site. As part of the project and as allowed within the Restaurant Overlay District, the applicant requests a Conditional Use Permit to allow the parking requirement to be satisfied at the Pomona Avenue and Chapman Avenue parking lot. The project area will be developed and landscaped in such a manner as to provide connectivity between the entire project area and cohesively tie the project into the existing uses. The applicant is requesting approval of the following applications: • Major Site Plan (ZON-2022-0053) for review of site, architectural, and landscape plans. • Conditional Use Permit (ZON-2022-0054) to allow for a microbrewery (Type 23 (Small Beer Manufacturer) license and Type 47 (On-Sale General – Eating Place) license) within the proposed new building located on the Triangle Parcel. Additionally, the Conditional Use Permit would be to authorize two newly proposed restaurants (eating establishments) with on-site alcohol sales (Type 47 license) and a bar/lounge with full-liquor service (Type 48 (On-Sale General – Public Premises) license) on the upper level of the renovated building at 550 North Harbor Boulevard. Individual food vendors located the Angelo’s and Vinci’s food hall as well as the vendors in the outdoor food court will be required to obtain separate Conditional Use Permit approvals for the sale of alcohol. Individual food vendors will be subject to compliance with the provisions set forth by the Department of Alcoholic Beverage Control including site layout and required enclosures. • Conditional Use Permit (ZON-2022-0055) to allow off-site parking at the existing parking located at Pomona Avenue and Chapman Avenue for the newly constructed building and uses on the Triangle Parcel. • Vacation (SUB-2022-00003) to allow a partial vacation of Ellis Place for the purpose of allowing a publicly accessible outdoor dining and gathering space. Furthermore, the area would also be conditioned to ensure public access through the vacated area to allow pedestrian access from Harbor Boulevard to Ellis Place, as depicted on the master site plan. Planning Commission Staff Report October 26, 2022 Item No. 3 Page 5 PRJ2022-00004 CEQA DETERMINATION Categorical Exemption, Section 15332 “In-Fill Development Projects” of the California Environmental Quality Act (CEQA). AUTHORIZATION/GUIDELINES The Fullerton Municipal Code (FMC) authorizes the Planning Commission to review and make a determination on the following types of applications pursuant to the Code sections listed below: • Major Site Plan – Section 15.47.040 of Chapter 15.47 authorizes the Planning Commission to act on a Major Site Plan, considering compliance with development standards and design review criteria (15.47.060). • Conditional Use Permit – Chapter 15.70 authorizes the Planning Commission to act on Conditional Use Permits (CUP). A CUP for the establishment of alcohol sales in conjunction with full-service restaurants (eating establishments), for a bar/lounge, and a proposed microbrewery is expressly listed as uses that are permitted subject to the approval of a CUP in Section 15.30.030.3 B. 6. and 21. • Conditional Use Permit – Chapter 15.70 authorizes the Planning Commission to act on Conditional Use Permits (CUP). A CUP for required parking for a newly established use of land to be located off-site, is subject to the approval of CUP in Section 15.30.060 C (Location of Parking). • Street Abandonment and Vacation – Chapter 16.08 regulates street Abandonments and Vacations. Specifically, Section 16.08.060 allows the Planning Commission to make a recommendation of approval, conditional approval upon the completion of certain requirements, or denial to City Council. PUBLIC OUTREACH On Wednesday, October 12, 2022, the project applicant held a Community Meeting to present the proposed project to any interested persons and to notify community members of the requested applications. Notice of the Community Meeting was published in the Fullerton Observer in the Early October Edition. The meeting was attended by approximately 20 people, several affiliated with the Fox Theatre, and comments were generally positive and supportive towards the project. Some comments were made about the exterior improvements to the Angelo’s and Vinci’s building. Some were questioning the improvements, while others believed the new appearance would complement the Fox Theatre. Additionally, for tonight’s public hearing, staff sent notices on Thursday, October 13, 2022 to all owners of property within 300 feet of the project site, consistent with the noticing requirements of the FMC. The notice was also posted on the project site. Additionally, the notice was posted with Public Notices on the City’s website and at the Maintenance Planning Commission Staff Report October 26, 2022 Item No. 3 Page 6 PRJ2022-00004 Services Department, Main Library, Museum Center, and City Hall on the Public Notice Boards. The notice was published in the Fullerton News Tribune on October 13, 2022. PROJECT DESCRIPTION/BACKGROUND Applicant: Fox Harbor LLC Property Owners: Fox Harbor LLC and City of Fullerton Redevelopment/Successor Agency Property Location: Corner of Harbor Boulevard and Ellis Place: 550 North Harbor Boulevard and Parcel 029- 032-21 Existing parking lot located at the corner of Pomona and Chapman Avenues General Location: Southwest corner of Euclid Street and Rosecrans Avenue Parcel Number(s): 029-032-21 (Triangle Parcel - 115 Ellis Place) 029-033-25 (550 North Harbor Boulevard) 029-033-03, 029-033-04, 029-033-05, and 029- 033-06 (Pomona and Chapman Avenues parking lot) Existing Community Development Type (General Plan Land Use Designation): Commercial Existing Zoning Classification: Central Business District Commercial (C-3) and Central Business District Commercial (C-3), with Restaurant Overlay District (ROD) Site Size: 0.49 acres (Triangle Parcel) 0.33 acres (550 North Harbor Boulevard) 0.64 acres (Pomona and Chapman Avenues parking lot) 0.08 acres (partial vacation of Ellis Place) Vehicular Circulation: Primary vehicular access to the project site would be provided via North Pomona Avenue from Chapman Avenue, Ellis Place via Pomona Avenue and from the rear alley running parallel to Harbor Boulevard behind the Fox Theatre. No restricted driveways or gated entries are proposed. Public access would be maintained as part of the project. Pedestrian Circulation: Pedestrian access within the project site would be provided by sidewalks and crosswalks. Existing pedestrian sidewalks along Chapman Planning Commission Staff Report October 26, 2022 Item No. 3 Page 7 PRJ2022-00004 Avenue, Harbor Boulevard, and Ellis Place would remain. Public transit service in the project vicinity is provided by the Orange County Transportation Authority (OCTA). Specifically, OCTA Local Route 43 and Community Route 143 serves the project site. The route runs north-south. Existing Conditions: The project sites are developed with a surface parking lot on parcel number 029-032-21 (Triangle Parcel), an existing structure at 550 North Harbor Boulevard, and a surface parking lot located at the northwest corner of Pomona and Chapman Avenues. Surrounding Land Uses and Zoning: North – Brea Creek Drainage Canal, Commercial property, and Residential along Brookdale Place (zoned R-2RP) South – Commercial property in the Downtown (zoned C-3 ROD) East – Commercial property in the C-3 Zoning District and Residential in the R3 Zoning District Street along Pomona Avenue West – Commercial property in the C-3 ROD and Residential further to the West in the R-3P Zone Planning Commission Staff Report October 26, 2022 Item No. 3 Page 8 PRJ2022-00004 ANALYSIS Major Site Plan (ZON-2022-0053): Site Plan The applicant proposes to redevelop a 0.49-acre commercial zoned property from an existing parking lot into a new 6,830 square foot commercial building that would have an open courtyard designed with landscaping along with common seating, entertainment areas, counter bar at the brewery, and public place making (Attachment 4). This courtyard would combine with a vacated portion of Ellis Place to create a continuous open and publicly accessible space of approximately 10,000 square feet that would create a connection between the renovated Angelo’s and Vinci’s building and the proposed Fox Block building on the Triangle Parcel. With the proposed 6,830 square foot building covering the approximately 21,344 square foot parcel, the floor area ratio (FAR) of the new building would be 0.32, well below the 0.90 FAR allowed in the C-3 Zoning District. As discussed in detail below, the Applicant has designed a building that is compliant with the C-3 Zoning development standards. Furthermore, all the uses are either permitted by right or are permitted through the approval of a Conditional Use Permit. Development Standard C-3 Proposed Consistent Setbacks 0 feet 10 ft. or greater to Northwest property line No change to existing structure Yes Height No limit 35 feet Yes Open Space None required, except that any area not covered by a structure or paving shall be landscaped Open Courtyard and Gathering Area approximately 10,000 sq. ft. Yes Parking Triangle Parcel Building: Restaurants (take- out): 1 per 250 sq. ft. Any eating/food establishment with 13 or more seats: 1 per 100 sq. ft. Manufacturing: 1 per 1,000 sq. ft. Food tenant spaces: Food space #1: 586 sq. ft. Food space #2: 545 sq. ft. Food space #3: 568 sq. ft. Food space #4: 545 sq. ft. Food space #5: 565 sq. ft. Food space #6: 565 sq. ft. Food space #7: 600 sq. ft. Total: 3,974 sq. ft. 3,974/100 = 40 spaces Brewery: Service/seating area: 468 sq. ft., 16 seats Yes, with approval of CUP: off-site parking at Pomona and Chapman Avenues has 61 spaces Planning Commission Staff Report October 26, 2022 Item No. 3 Page 9 PRJ2022-00004 Office and Commercial: 1 per 250 sq. ft. Parking is not required for uses within the Restaurant Overlay Zone (ROD) (Angelo’s and Vinci’s site) 468/100 = 5 spaces Back of house/brewing: 1,298 sq. ft. 1,298/1,000 = 1 space Other space (restrooms, storage, etc.): 1,090 sq. ft. 1,090/250 = 4 spaces Total Required Spaces: 50 spaces Architecture The proposed new building located on the Triangle Parcel would have a transitional modern architectural style with earth tones and color scheme. Exterior elevations for the new building are proposed to be generally uniform with smooth plaster/stucco finish with a light brown color. The interior elevations and areas where the food spaces would be would have a change in interior wall colors and patterns. The varied colors along with the courtyard design with outdoor gathering areas, common dining and seating areas, stage area for entertainment, and media wall with television screen, will create a unique and dynamic public space. The existing Angelo’s and Vinci’s building will be upgraded to refresh the exterior. The stucco exterior, which is painted a dark brownish red color, will be repainted to better match the Fox Theatre building as well as match the new building that will be constructed on the Triangle Parcel. As previously described, two new storefronts will be added to the west elevation of the building, which will be required to maintain the distinctive architectural features of the building. Further, fiber optic trellis cables with landscape vines would be installed over the outdoor dining area and would create a physical and visual connection between the two buildings (Attachment 4). Further architectural distinction would be accomplished through varied roof heights, additional landscaping and pavement treatments, and store front window treatments. Landscaping Landscaping would be provided throughout the vacated portion of Ellis Place, where the outdoor dining and public areas would be located. Specifically, a variety of landscape planted areas would be provided along the exteriors of the buildings, trees in planters would be located along the newly established cul-de-sac and within the courtyard. The planting schedule would include various types of heritage trees, including Camphor, Evergreen, Coast Live Oak, and Tipu. Further, Palm Trees and other upright and accent trees are proposed. Understory plantings would include succulents, hedges, and vines. The full landscape plans are provided for the Planning Commission’s consideration (Attachment 4). Additionally, low water, drought tolerant plants, vines and groundcovers shall be included to provide a low maintenance, water efficient landscape pursuant to the City’s Landscape Ordinance No. 3226 (FMC Chapter15.50). Planning Commission Staff Report October 26, 2022 Item No. 3 Page 10 PRJ2022-00004 Trash and Recycling A new trash and recycling area is proposed to be located to the southeast of the project site, directly south of the newly formed Ellis Place cul-de-sac. Two trash enclosure areas are proposed and for these locations the applicant is seeking to secure easements from the City of Fullerton to locate them on City-owned property. These areas are required to be screened from all public streets and residential property by a six-foot decorative masonry wall, architectural feature, or by equivalent landscaping pursuant to Section 15.30.050 and will be fully checked for compliance during the formal plan check process prior to issuance of any building permits, should the project obtain Planning Commission approval. Lighting Fiber optic trellis cables would be installed above the outdoor dining area and would connect from the new Fox Block development and the renovated Angelo’s and Vinci’s building. The cables would provide a lighting for the outdoor area as well as the lighting from the restaurants, the outdoor media wall television, and other lighting fixtures throughout the development. As detailed in the findings contained in Resolution No. PC-2022-25 the project as proposed as conditioned complies with the relevant development standards and design criteria. Conditional Use Permit (ZON-2022-0054): The project proposes several restaurant spaces, a bar/lounge with entertainment, and a microbrewery. As previously stated, a Type 47 ABC license has been active on the Angelo’s and Vinci’s property since 1992 or earlier. Specifically, Conditional Use Permit (ZON-2022-0054) would authorize and govern the following proposed microbrewery on the Triangle Parcel (115 Ellis Place) and the two sit-in restaurants and bar and lounge in Angelo’s and Vinci’s (550 North Harbor Boulevard) as follows: • Two newly proposed dine-in restaurants (eating establishments) with on-site alcohol sales (Type 47 (On-Sale General – Eating Place) license) located on the first floor with entrances and frontage to Harbor Boulevard. • A 5,088 square foot lounge with full-liquor service (Type 48 (On-Sale General – Public Premises) license) on the upper level of the renovated building at 550 North Harbor Boulevard. • A microbrewery (Type 23 (Small Beer Manufacturer) license and Type 47 (On- Sale General – Eating Place) license) along the eastern portion of the building. There would be a 16-seat bar associated with the brewery with 468 square feet of service/bar eating and drinking area and 1,297 square feet devoted to the brewing of beer, and an 803 square foot mezzanine area. • The individual food vendors located in the food hall in Angelo’s and Vinci’s and the outdoor food court on the Triangle Parcel will obtain separate Conditional Use Permit approvals for alcohol sales once site layout is determined for specific vendors serving alcohol. Planning Commission Staff Report October 26, 2022 Item No. 3 Page 11 PRJ2022-00004 As detailed in the findings contained in Resolution No. PC-2022-26, the Conditional Use Permit meets the City requirements. Conditional Use Permit (ZON-2022-0055): To meet the parking requirements for the proposed project, the size and dimensions of the Triangle Parcel are not ideal for providing on-site parking for the new uses. Accordingly, the applicant has applied for a Conditional Use Permit pursuant to Fullerton Municipal Code15.30.060 C which states, “All required on-site parking spaces shall be located on the same lot or building site, except that such spaces may be permitted at other locations when and as authorized by a Conditional Use Permit”. For this project, the applicant is seeking to satisfy the requirements by providing the requisite parking at the existing parking lot located at the corner of Pomona and Chapman Avenues. This existing parking lot is currently developed with 61 parking spaces and will satisfy the City’s parking requirements for the new restaurants and brewery. The parking lot is located within 400-500 feet of the project site. Staff believes this location is adequate given its proximity to the project site, that there is adequate access for pedestrians and automobiles, and that allowing the existing parking to be utilized is aligned with good urban planning and design principles that promote a well-designed, pedestrian oriented development. Further, by not requiring valuable space to be used as surface parking, the project is able to provide a publicly accessible courtyard and uses that will help activate the block along Harbor Boulevard, where the Fox Theatre is located, among other businesses. Street Vacation (SUB-2022-00003): To provide a connection between the proposed renovations at 550 North Harbor Boulevard and the new construction on the triangle parcel, the applicant has applied for a partial street vacation of Ellis Place (Attachment 4) pursuant to Chapter 16.08 (Abandonments and Vacations) of the Fullerton Municipal Code. Accordingly, the applicant is seeking to obtain approval to vacate a portion of Ellis Place. The vacated portion would be approximately 7,457 square feet that would be used for a common outdoor seating area, pedestrian access from Harbor Boulevard to Ellis Place, and would combine with the outdoor to the northside of the 550 Harbor Boulevard site. ENVIRONMENTAL REVIEW The City, as Lead Agency, has determined that the project qualifies for a California Environmental Quality Act Exemption under the provisions of Class 15332 (Class 32) “In- Fill Development Projects.” Accordingly, the City hired Harris and Associates to prepare an analysis to ensure there would be no impacts from the project associated with Noise, Air Quality, Traffic, or Water Quality in accordance with the Class 32 criteria. This analysis yielded no impacts in these areas and therefore the Class 32 exemption is appropriate, and staff recommends the Planning Commission accept this CEQA determination. Planning Commission Staff Report October 26, 2022 Item No. 3 Page 12 PRJ2022-00004 RECOMMENDED ACTION Pursuant to the findings and subject to conditions of approval therein, Staff recommends that the Planning Commission: • Adopt Planning Commission Resolution No. PC-2022-24 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN TO ALLOW THE REDEVELOPMENT OF A 0.49-ACRE LOT WITH A NEW 6,830 SQUARE FOOT COMMERCIAL BUILDING WITH AN OPEN COURTYARD FOR RESTAURANT USES AND A MICROBREWERY LOCATED ON APN NUMBER 029-032-21 (OTHERWISE KNOWN AS THE TRIANGLE PARCEL - 115 ELLIS PLACE) • Adopt Planning Commission Resolution No. PC-2022-25 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO AUTHORIZE THE USE OF AN EXISTING OFF-SITE SURFACE PARKING LOT LOCATED AT THE CORNER OF POMONA AVENUE AND CHAPMAN AVENUE TO SATISFY THE PARKING REUIREMENTS FOR A NEWLY ESTABLISHED USE OF LAND GENERALLY LOCATED AT THE CORNER OF HARBOR BOULEVARD AND CHAPMAN AVENUE • Adopt Planning Commission Resolution No. PC-2022-26 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AUTHORIZING THE ESTABLISHMENT OF RESTAURANTS WITH ALCOHOL SALES FOR ON-SITE CONSUMPTION AND A BAR/LOUNGE WITH ENTERTAINMENT AT 550 NORTH HARBOR BOULEVARD, AND A MICROBREWERY WITH DEDICATED BAR SEATING AREA AND FOOD SERVICE LOCATED AT APN 029-032-21 • Adopt Planning Commission Resolution No. PC-2022-27 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A PARTIAL STREET VACATION OF ELLIS PLACE TO ALLOW AN OUTDOOR DINING, GATHERING, AND ENTERTAINMENT AREA IN CONJUNCTION WITH TWO NEW DEVELOPMENTS LOCATED AT 550 NORTH HARBOR BOULEVARD AND 115 ELLIS PLACE DATED: October 26, 2022 Planning Commission Staff Report October 26, 2022 Prepared by: ^'1 5tLQ, Bradley J. Misner, AICP Contract Planner Approved for Agenda by: -ay Sunayana Thoas Interim Community and Economic Development Director Attachments to Report: 1. Draft Planning Commission Resolutions a. PC -2022-24 - Major Site Plan b. PC -2022-25 - Conditional Use Permit -Off Site Parking c. PC -2022-26 - Conditional Use Permit -Alcohol Sales d. PC -2022-27 - Ellis Place Partial Street Vacation 2. Hearing Notice and Notification Map 3. Environmental Documentation 4. Plans a. Site Plan, Floor Plans, and Elevations b. Renderings c. Landscape Plans, Concept Plans, and Lighting Plans d. Civil Plans - Preliminary Grading, Preliminary Utility Plans, Drainage Plans e. Ellis Place Street Vacation Exhibits f. Harbor Boulevard Concept Crosswalk Striping Plan Item No. 3 Page 13 PRJ2022-00004 RESOLUTION NO. PC-2022-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN TO ALLOW THE REDEVELOPMENT OF A 0.49 ACRE LOT WITH A NEW 6,830 SQUARE FOOT COMMERCIAL BUILDING WITH AN OPEN COURTYARD FOR RESTAURANT USES AND A MICROBREWERY LOCATED ON APN NUMBER 029-032-21 (OTHERWISE KNOWN AS THE TRIANGLE PARCEL - 115 ELLIS PLACE) PRJ2022-00004 – ZON-2022-0053, ZON-2022-0054, ZON-2022-0055, AND SUB- 2022-00003 APPLICANT: FOX HARBOR, LLC. PROPERTY OWNER: CITY OF FULLERTON REDEVELOPMENT/SUCCESSOR AGENCY RECITALS: WHEREAS, applications were filed with the City of Fullerton Community and Economic Development Department for a Major Site Plan (ZON-2022-0053), Conditional Use Permit (ZON-2022-0054), Conditional Use Permit (ZON-2022-0055), and Street Abandonment and Vacation (SUB-2022-00003) for the redevelopment of a 0.49-acre parcel zoned C-3 (Central Business District Commercial) zoning district with a Restaurant Overlay District (ROD). The project entails redeveloping the property from an existing parking lot into a new 6,830 square feet commercial building that would have an open courtyard design with extensive landscaping, a common seating area, entertainment areas, and counter bar at the micro-brewery. This courtyard would be combined with a vacated portion of Ellis Place to create a continuous open and publicly accessible space of approximately 10,000 square feet that would create a connection between the renovated Angelo’s & Vinci’s building and the new micro-brewery building on the Triangle Parcel. WHEREAS, the Planning Commission of the City of Fullerton, in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76, has held a duly held a duly noticed public hearing for PRJ-2021-00004; and WHEREAS, FMC Section 15.47.040 of Chapter 15.47 authorizes the Planning Commission to act on a Major Site Plan, considering compliance with development standards and design review criteria (15.47.060); and WHEREAS, the City of Fullerton, as Lead Agency, determined that the proposed project is exempt under the provisions of the California Environmental Quality Act and therefore in accordance with the CEQA Guidelines prepared the necessary documentation to comply with Section 15332 “In-Fill Development Projects” in (Continued) Res. No. PC-2022-24 2 conformance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines (Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.); and WHEREAS, the Planning Commission has considered the information contained in the Class 32 CEQA report dated October 26, 2022 and the administrative record during the public review process; RESOLUTION NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Fullerton, as follows: 1. In all respects as set forth in the Recitals of the Resolution. 2. The Planning Commission, pursuant to FMC Section 15.47.040.B.2.b finds as follows: Finding: That the proposed project and uses are conditionally permitted in the C-3 (Central Business District Commercial) zoning classification. Fact: The C-3 zone is intended to provide for a highly concentrated business district that includes mixed residential and commercial use, primarily for the downtown area. The proposed restaurants, lounge, entertainment, and outdoor dining are all uses that are expressly contemplated for the Central Business District Commercial zone and are permitted either by-right or with approval of a conditional use permit. Finding: That the project meets all applicable development standards. Fact: The C-3 development standards are established to ensure development is consistent with the Central Business District Commercial zone and to ensure new structures are compatible with existing development in terms of size, height, setbacks, open space, landscaping, and lighting criteria. The proposed redevelopment has been reviewed against the appropriate standards as outlined in the Fullerton Municipal Code and it has been determined that the project complies with the provisions for developments in the C-3 zoning district. 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 incorporates a well-designed courtyard and outdoor dining area with an architectural style that will complement other buildings in the Central Business District Commercial zone. Specifically, the colors are complementary and material commonalities exist throughout the community providing a cohesive design compatible with the surrounding area. (Continued) Res. No. PC-2022-24 3 Finding: The project screens exterior trash, storage areas and service yards from view of nearby streets and adjacent structures in a manner that is compatible with building site design. Fact: The proposed refuse and recycling areas are required and conditioned to be screened from nearby streets and adjacent structures and the proposed screening will be compatible with the surrounding area. Finding: The project blends proposed grading with the contours of the project site. Fact: The existing site is relatively flat with no drastic changes in elevation. All grading will be sensitive to the surrounding environment and the project site. Finding: The traffic patterns of the proposed development will minimize impacts on surrounding properties and streets and accommodate emergency vehicles. Fact: Primary vehicular and emergency vehicle access to the Project Site would be provided via Ellis Place from Pomona Avenue. Further, pedestrian access will continue to be provided from Harbor Boulevard and Pomona Avenue. No restricted driveways or gated entries are proposed. Public and reciprocal access would be maintained as part of the Project. Finding: Buildings are sited so as to avoid crowding and to allow for a functional use of the space between buildings. Fact: The proposed redevelopment project includes renovation of an existing building (Angelo’s & Vinci’s) to repurpose its uses to include restaurants and a lounge. No changes to the structure will be made that will impact building setbacks from adjacent structures. Moreover, the new structure proposed on the Triangle Parcel is designed to incorporate functional use of outdoor space for dining and entertainment and will be strategically located to maintain distance from heavy traffic and from neighboring properties. 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. Landscaping is included in all outdoor dining areas as well as along the sidewalks on Ellis Place. There is no landscaping proposed that would conflict with site entry/exit. THEREFORE, the Planning Commission does hereby RECOMMEND APPROVAL of said Major Site Plan ZON-2022-0053, subject to the following conditions of approval: (Continued) Res. No. PC-2022-24 4 Project Specific: 1. The property owner shall ensure that the off-site parking remains available and unencumbered to provide the required parking spaces for the development. 2. Parking lot usage shall be exclusive to the Development until which time the lot is redeveloped. Should the parking lot be redeveloped, the project owner shall be responsible for obtaining approval of an alternative solution to satisfy the parking requirements for the Development. 3. Pedestrian access through the vacated portion of Ellis Place shall not be prohibited. Furthermore, any security measures such as gates or other measures to secure the outdoor courtyard and dining areas during hours the development is closed, shall be subject to review and approval of the Director of Community and Economic Development to ensure that public pedestrian access through the site is maintained. General Conditions: 4. This action approves the applicant submitted plans dated September 1, 2022 and as conditioned herein. The term “approved Major Site Plan” pertains to the aforementioned plans. 5. The construction and operation of the project shall comply with the Engineering Conditions of Approval (Exhibit A). 6. Construction plans shall be submitted to the Community and Economic Development Department for review and issuance of building permit(s). Construction plans shall comply with Fullerton Building Codes, as adopted and in effect at time of plan submittal and be prepared in substantial conformance with the approved Major Site Plan except to the extent that the plans or designs are modified by the conditions herein. 7. 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. Approved changes shall be reflected in building plans or plan revisions, as applicable, prior to receiving final occupancy approvals. 8. 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 (Continued) Res. No. PC-2022-24 5 review shall verify consistency with the approved Major Site Plan and representations made by the applicant. 9. Project identification signage shall be submitted under separate permit and shall be architecturally compatible with the style of the development as determined by the Director of Community and Economic Development. 10. Prior to issuance of building permits a Landscape Documentation Package shall be submitted to the City for plan check review and approval in compliance with Fullerton Municipal Code Chapter 15.50. The Landscape Documentation Package includes, but is not limited to, certified landscape and irrigation design plans including water efficiency calculations. Landscaping and irrigation shall be installed in accordance with the approved landscape plans, with installation completed and a one-year maintenance deposit in the amount equal to 50 percent of the combined cost of the landscape materials and irrigation system, or as otherwise agreed by the Director of Community and Economic Development, but not less than $500, shall be posted as a prerequisite to the final approval of the use or development of the property. 11. Applicant/Property Owner is responsible for ensuring 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. This responsibility may be transferred by the Applicant/Property Owner 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. 12. The applicant shall agree to indemnify, hold harmless, and defend the City of Fullerton, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of the project. ADOPTED BY THE FULLERTON PLANNING COMMISSION ON OCTOBER 26, 2022. Douglas Cox, Chairman Attachments: Exhibit A – Engineering Conditions of Approval CONDITIONS OF APPROVAL Project specific 1. The portion of Ellice Place right-of-way west of the proposed cul-de-sac shall be abandoned in accordance with Chapter 16.08 of the Fullerton Municipal Code (FMC). If determined that the Successor Agency/City of Fullerton is underlying in fee property owner for the to-be-abandoned street right-of-way, the subject area shall be included in the Purchase and Sale Agreement (PSA). The applicant shall be responsible for preparation of abandonment documents (i.e., legal description and plot) required to process the abandonment. 2. Ellis Place abandonment of street right-of-way with a reservation of a public utility easement over the abandoned area shall be considered concurrently with the project review and shall be approved and recorded prior to grading permit issuance. 3. Encroachment Agreement(s) shall be executed between the applicant/project and the City for private improvements installed within the reserved public utility easement and shall be recorded prior to Certificate of Occupancy. The City shall not be responsible for restoration of private hardscape and landscape improvements that may be removed during utility improvements, maintenance, and operations. The City will restore disturbed hardscape areas with conventional concrete and backfill with soil in landscape areas. 4. The project shall be submitted to Orange County Flood Control District (OCFCD) for review and approval. Any additional studies/conditions required by OCFCD shall be addressed prior to grading permit issuance. 5. The Developer shall maintain a continuous unobstructed path of travel for pedestrian access between Harbor Boulevard and Ellis Place as specified in Community and Economic Development Dept. (CEDD) conditions and shall comply with minimum clear width clearances in accordance with ADA and current CBC requirements. 6. The Developer shall grant temporary public access over the abandoned area until commencement of work. FRONTAGE IMPROVEMENTS 7. Separate Public Improvement Plans for the listed below improvements shall be submitted to the Public Works/Engineering Department and approved prior to building permit issuance and shall be constructed prior to the issuance of the Final Certificate of Occupancy for the proposed Major Site Plan Development. 8. Vehicular access improvements (i.e., driveways, rolled curbs, etc.) for deliveries and public utility maintenance shall be provided on the final construction plans and shall be reviewed and approved by Public Works Department. 9. The project proposes to eliminate Harbor Boulevard and Ellis Place vehicular connectivity. Intersection improvements shall be removed, and a full height curb and gutter and concrete sidewalk shall be constructed in accordance with City Standards. Modified (rolled curb) may be required to provide adequate access for maintenance of utilities located within the future public utility easement. Any bollards along project frontage(s) shall be removable. 2 10. The project proposes to construct a new cul-de-sac at the terminus of Ellis Place that will result from the abandonment of the westerly segment of Ellis Place. The cul-de-sac design shall comply with City Standards and Fire Department’s requirements for turning radii. 11. Portion of the proposed cul-de-sac is located within the parking lot area that’s owned in fee by the Successor Agency/City of Fullerton. As such, the dedication of the additional street right-of-way for roadway and public utility purposes is required for the Ellis Place cul -de- sac construction. The applicant shall be responsible for the preparation of legal descriptions and plots for said dedication. Dedication shall be considered/approved concurrently with the projects review and City Council’s approval. 12. The Asphalt Concrete (AC) pavement on Ellis Place is in poor condition with a Pavement Condition Index (PCI) of 46 and will further deteriorate as a result of the proposed construction activities. The project shall reconstruct the AC pavement along Ellis Place for the entire street width from the new cul-de-sac to Pomona Avenue. The pavement structural section for the new cul-de-sac and existing AC pavement along Ellis Place shall be designed in accordance with a Soils Investigation Report prepared by a Registered Civil Engineer and as approved by the City Engineer. 13. Proposed driveway(s) on Ellis Place shall be constructed in accordance with City of Fullerton Standard Plans. 14. There are no city-owned streetlights located on Ellis Place between the proposed cul-de- sac and Pomona Avenue. The project shall install new streetlights on Ellis Place from the proposed cul-de-sac to Pomona Avenue. a. The developer shall coordinate the removal of the existing streetlight (mast arm and luminaire) mounted on the power pole with Southern California Edison (SCE). b. New streetlights shall be designed and installed in accordance with the City of Fullerton Standards (500 series) and Standard Specifications for Ornamental Street Lighting Systems with City of Fullerton-approved LED luminaires (Cooper Navion, GE Evolve or Leotek). c. The developer shall coordinate the new electrical connection for new streetlights with SCE. New city-owned electrical metered panel(s) shall be installed in a City of Fullerton standard switch cabinet (Std. 504) at a location approved by the City and SCE. d. The number and location of new streetlights shall be determined by a Photometric Study that shall be prepared by the developer and submitted to Public Works Department for review and approval. The new streetlights shall achieve an adequate illumination level and shall meet the City’s maximum spacing requirements. e. A separate street lighting plan shall be submitted to the Public Works Department for review and approval. 15. The AC pavement located south of the new cul-de-sac that includes the loading zone shall be rehabilitated within the limits of construction. The pavement structural section shall be designed in accordance with a Soils Investigation Report prepared by a Registered Civil Engineer and as approved by the City Engineer. 16. The AC pavement on the alley west of the Pomona Avenue/Chapman Avenue parking lot is in poor condition and will further deteriorate as a result of proposed utility trenching. 3 Utility trenching shall be in accordance with City Standards 312 and 313. Limits of trench repair and AC pavement rehabilitation is pending review during final design of utility plans. 17. The project shall maintain all proposed landscaping and aesthetically enhanced hardscape (sidewalk paving) in the public right-of-way along the project frontage(s), including irrigation. On-site irrigation shall be extended to the public parkway. 18. Landscaping and irrigation improvements in the public right -of-way shall be on separate landscaping plans and shall be submitted to Public Works Depar tment for review and approval. 19. The developer shall be responsible for any damage to newly installed public improvements that may occur during the construction of subsequent phases of the project. The extent of repairs shall be as determined by the City Engineer. 20. Proposed trash enclosures shall be privately owned and maintained. GRADING AND DRAINAGE 21. 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 compliance with the State’s and City’s codes and regulations. 22. Subject conceptual documents (Conceptual Grading Plan as approved October 18, 2022; Preliminary Hydrology Report as approved October 18, 2022; and PWQMP as approved October 20, 2022) have been reviewed by the City and found acceptable. 23. 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. 24. The proposed site improvements shall not result in the increase of storm water runoff and flow intensity to the adjacent properties and the public right of way. No surface runoff will be permitted across sidewalks and driveway approaches. 25. The project shall prepare a final pre-construction and post-construction Hydrology and Hydraulics Study. The size and alignment of the on-site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Re gistered Engineer and shall be approved by the City Engineer prior to issuance of a grading permit. 26. Proposed on-site storm drain facilities shall be privately owned and maintained. 27. The project proposes to utilize the existing 18-inch Reinforced Concrete Pipe (RCP) located on Ellis Place to discharge the on -site storm drain system into the Brea Creek Channel. 4 28. The developer shall video inspect the above-referenced storm drain pipes to determine if they are adequate in condition. Results of the video inspections shall be submitted to the Public Works Department for review. If determined that said storm d rain facilities are damaged, the developer shall be required to repair and/or replace the existing facilities. Extent and methods of improvements shall be as determined and approved by the City Engineer. 29. All storm drains constructed within the public rig ht-of-way or other public easements shall be a minimum of 18 inches in diameter RCP constructed in accordance with City standards. Trenching and backfill shall be in accordance with City standards 312 and 313. 30. A final grading plan shall be submitted to Public Works Department for review and approval, and a grading permit shall be issued prior to issuance of building permit. 31. Site grading shall adhere to the approved grading plan . 32. As-Built Grading Plan, signed and stamped by the Engineer of Record and the Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer’s review and approval. 33. All retaining walls and any above-ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan. 34. A Final Priority Water Quality Management Plan (WQMP) shall be submitted and approved by the City Engineer prior to the issuance of a 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. 35. 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, NPDES Permit No. CAS618030), Orange County Model Water Quality Management Plan (Model WQMP), and the Orange County Technical Guidance Document (TGD). 36. 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. UTILITIES 37. Easements shall be obtained for all proposed franchise public utilities located outside of street right of way and/or public utility easement reserved over the abandoned portion of Ellis Place prior to building permit issuance. 38. According to FMC Section 16.05.060, all proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems shall be installed 5 underground; all existing facilities providing direct service to the development shall be undergrounded. In addition, existing power poles and overhead facilities (except electrical transmission lines) along the project’s frontage shall be undergrounded. Where the enforcement of the underground utility provisions results in undue hardship, the applicant may submit a written appeal pursuant to Section 16.05.060.E.3. Written appeal shall include a letter of justification including information, facts, and figures necessary to properly advise and inform the Community and Economic Development Director and the City Engineer of the circumstances which require such appeal and create the hardship. SEWER AND WATER 39. A Limited Sewer Generation Study providing pre- and post-construction sewage generation volumes shall be provided. If determined that there is not sufficient capacity in the downstream City-owned sewer system, the project shall be required to address these deficiencies identified in the Limited Sewer Generation Study. 40. Proposed sewer laterals shall be minimum 6” V.C.P. per City Std. 209A and 209B. All existing lateral connections to be utilized for the development shall be video inspected to determine their condition. Video shall be submitted to the Public Works/Maintenance for review. If determined that the existing connection(s) are in poor condition, they shall be replaced with new lateral connections per standard plans. 41. The proposed building located at the triangle lot shall connect to the existing 10” C.I. main on Ellis Place a master meter for domestic service, a fire service, and relocate existing fire hydrant within 50’ of Fire Department Connection all per City of Fullerton Standards and Specifications. 42. The building located at 550-554 N. Harbor Boulevard shall connect to the existing 10” D.I. main in the parking lot east of the building a master meter for domestic service, a master meter for irrigation service, a fire service, install a fire hydrant within 50’ of Fire Department Connection, and relocate existing services from the existing building all per City of Fullerton Standards and Specifications. 43. The existing landscape located at the N/W corner of Pomona Avenue and Chapman Avenue parking lot is currently maintained and irrigated by the City. The developer shall contact City of Fullerton Landscape Maintenance Division to end the irrigation service. The existing controller shall be salvaged and returned to the City. 44. The Developer shall abandon the existing 6” C.I. main and valves on Ellis Place from the intersection of Harbor Blvd. and Ellis Place to the T and valves at the connection of the 10” D.I. main on Ellis Place per City of Fullerton Water Utility Specificatio ns. 45. The developer shall submit a separate Water Improvement Plan prepared by a California Registered Civil Engineer. The system shall be designed in conformance with City of Fullerton Water Utility Specifications and Fire Department requirements and sh all be subject to approval of the City Engineer. 46. The developer shall provide water calculations to properly size the new meters. All proposed and existing hydrants must meet Fire Department minimum required flow (City 6 of Fullerton’s Water Rates, Rules, and Regulations, Rule 15.A and 15.B). Fire Flow Report shall be requested through Public Works, PWPermits@cityoffullerton.com. TRAFFIC 47. The developer shall provide and implement a separate signing and striping plan(s), for Harbor Boulevard that addresses the elimination of the Harbor Boulevard and Ellis Place intersection. An element of the plan(s) is to include the reorientation of the existing east/west crosswalk into a two-stage crosswalk with a median island and flashing pedestrian activated rectangular rapid flashing beacons designed and constructed to the satisfaction of the City Engineer and City Traffic Engineer. 48. The developer shall provide and implement a separate street lighting plan (s), addressing the elimination of Ellis Place. The plan should address the existing streetlight within the closed portion of Ellis Place and the provision of adequate lighting levels, relocation/replacement of said streetlight is pending review during final design. The plan and construction of street light modifications are to be implemented to the satisfaction of the City Engineer. 49. The developer shall provide and implement a traffic signal modification plan for the installation of an eastbound protected-permissive left-turn arrow for the Chapman Avenue and Pomona Avenue intersection constructed to the satisfaction of the City Traffic Engineer. It is anticipated that the developer will be required to replace the mast-arm pole and related equipment on the southeast corner of the intersection as well as the implementation of minor modifications to the traffic signal control equipment, vehicle detection, wiring, vehicle indications, and the programing of the traffic signal. 50. The developer shall provide and implement a signing and striping plan for Ellis Place west of Pomona Avenue, including the intersection of Pomona Avenue and Ellis Place, that addresses the new cul-de-sac and the closure of the road west of Pomona Avenue, to the satisfaction of the City Engineer and City Traffic Engineer. Implementation of the elements of the plan are to include the refresh of any traffic controls and/or markings that may have been degraded on both Ellis Place and on Pomona Avenue due to the construction activities. 51. The developer shall provide easily accessible bicycle parking on-site to accommodate anticipated demand, to the satisfaction of the Director of Community and Economic Development and the City Traffic Engineer. 52. Prior to the issuance of the grading permit, the developer shall submit a Traffic Management Plan (TMP) for construction to the Public Works Department for review and approval. The TMP shall describe the planned schedule for the implementation of the closure of Ellis Place, the upgrade of the Chapman and Pomona traffic signal, and the traffic and parking control measures to be employed during the construction phase of the project. It shall also identify construction haul routes, location of parking for the public and construction workers, use of flagmen if necessary, and any pedestrian -related impacts to sidewalks and intersection crossing. The goal of the TMP is to minimize construction impacts to circulation, businesses, the high school, adjacent properties, and the public. Implementation of the TMP will be monitored by the Public Works Department during all phases of the project construction. 7 53. The parking lot located at the N/W corner of Pomona Avenue and Chapman Avenue consists of four legal lots that shall be consolidated in to one lot before the issuance of a Building Permit for the proposed development. The applicant shall be responsible for the preparation and recordation of the Lot Line Adjustment (LLA) that is required to perform lot consolidation. LLA shall be prepared by a professional license surveyor and shall be reviewed, approved by the City, and recorded prior to issuance of building permits. PERMITS, BONDS, AND CASH 54. All of the above 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. 55. All of the above public improvements shall be guaranteed to be installed by the execution of an Agreement for Public Improvements secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials and in a form approved by the City Attorney. 56. In addition, all cash fees and deposits shall be collected by the City of Fullerton prior to the issuance of Certificate of Occupancy. 57. 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 $5,000 shall be deposited with th e Public Works Department concurrently with the first review submittal, by the City’s consultants, of the grading plans, soils report, hydrology report, 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. COVENANTS, CONDITIONS, AND RESTRICTIONS 58. The on-site private improvements are essential to this type of development and the comfort and well-being of future tenants and property owners. As such, if the development proposes commonly shared areas between any of the affected parcels the developer shall provide the documents, covenants, conditions, restrictions, and by-laws (CC&Rs) of the property owner’s association to the Directors of Community and Economic Development and Public Works Departments for review and approval prior to Final Certificate o f Occupancy. 59. All items as described elsewhere in this report or contained in the conditions of approval for this project shall be included in the CC&Rs and property owner’s association papers. 60. The property owner’s association shall be responsible for th e maintenance of all on-site improvements. 8 General Engineering Conditions: • 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. This includes supplements thereto and City of Fullerton Standard Drawings. • All plans for improvements in the public right of way shall be prepared by a Registered Civil Engineer authorized to practice in the State of California . • 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. • During site improvement, all deliveries to the project site that are overweight, or oversize will require a transportation permit from the Public Works Department. • The project shall utilize the City’s benchmarks. A list of the City’s benchmarks is available on the City of Fullerton website. • The developer shall provide and maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as se t 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. • Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313. • Any controlling survey monumentation (property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with Section 8771(b) of the California Business and Professions Code (Professional Land Surveyors Act). Pre-construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Copies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post-construction Corner Records or Record of Survey filed with the County of Orange. A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way. • Existing public and private easements shall not be affected by the proposed development. Any modification to an existing public and/or private easement shall be coordinated and approved by applicable easement owners. • All facilities crossing lot lines shall be located in private easements. • Sewer, water, drainage, storm water quality facilities exclusively serving the proposed development shall be privately owned and maintained. • 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. Attachments: • Cannon’s Memo dated October 18, 2022 and comments on Conceptual Grading Plan, Preliminary Hydrology Study, and Soils Report. • John L. Hunter’s Memo dated October 18, 2022 and comments on Preliminary WQMP and Conceptual Grading Plan. 9 • City of Fullerton Standard Plans: https://www.cityoffullerton.com/government/departments/public - works/engineering/general-engineering/standard-drawings • City of Fullerton Benchmarks: https://www.cityoffullerton.com/government/departments/public - works/engineering/general-engineering/bench-marks 6 RESOLUTION NO. PC-2022-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO AUTHORIZE THE USE OF AN EXISTING OFF-SITE SURFACE PARKING LOT LOCATED AT THE NORTHWEST CORNER OF POMONA AVENUE AND CHAPMAN AVENUE TO SATISFY THE PARKING REQUIREMENTS FOR A NEWLY ESTABLISHED USE OF LAND GENERALLY LOCATED AT THE CORNER OF HARBOR BOULEVARD AND CHAPMAN AVENUE PRJ2022-00004 – ZON-2022-0053, ZON-2022-0054, ZON-2022-0055, AND SUB-2022- 00003 APPLICANT: FOX HARBOR, LLC. PROPERTY OWNER: CITY OF FULLERTON REDEVELOPMENT/SUCCESSOR AGENCY RECITALS: WHEREAS, the applicant filed an application with the City of Fullerton Community and Economic Development Department for a Conditional Use Permit (ZON-2022-0055) to allow offsite parking at an existing surface level parking lot located within 400-500 feet of the project site at the northwest corner of Pomona Avenue and Chapman Avenue. The off-site parking lot will serve the proposed Fox Block Development (PRJ2022-0004) located in the C-3 (Central Business District Commercial) zoning district with a Restaurant Overlay District (ROD) over the Angelo’s & Vinci’s parcel located at 550 North Harbor Boulevard. Parking is not required for restaurant uses within the ROD. The Development includes renovation of an existing restaurant (Angelo’s & Vinci’s) to include seven (7) new restaurants and a lounge at 550 North Harbor Boulevard, and a new building with food vendors and a micro-brewery on the triangular-shaped parcel (further referred to as the “Triangle Parcel”) located north of Ellis Place and east of Harbor Boulevard. The Triangle Parcel is not within the ROD. WHEREAS, the Fullerton Municipal Code (FMC) Section 15.30.060(C) states, “All required on-site parking spaces shall be located on the same lot of building site, except that such spaces may be permitted at other locations when and as authorized by a Conditional Use Permit.” It has been determined that the size and dimension of the Triangle Parcel are not ideal for providing on-site parking for new uses, and accordingly, the applicant requests approval of a Conditional Use Permit (CUP) to allow off-site parking to satisfy the requirements by providing the requisite parking at the existing surface parking lot located at the corner of Pomona Avenue and Chapman Avenue. WHEREAS, the total number of parking spaces required by the FMC for the proposed development on the Triangle Parcel that includes eating establishments, micro- 6 brewery, restrooms and storage is 50 parking spaces. The existing surface parking lot is currently developed with 61 parking spaces and will therefore satisfy the City’s parking requirements for the new development. WHEREAS, staff believes the parking lot location is adequate given its proximity to the project site, that there is adequate access for pedestrians and automobiles, and that allowing the existing parking to be utilized is aligned with good urban planning and design principles that promote a well-designed, pedestrian oriented development. Further, by not requiring the Triangle Parcel land to be used as surface parking, the project is able to provide a publicly accessible courtyard and uses that will help to activate the block along Harbor Boulevard, where the historic Fox Theater and many other businesses are located. 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-2022-00004 on October 26, 2022. WHEREAS FMC Section 15.47.040 authorizes the Planning Commission to act on a Conditional Use Permit, considering compliance with the findings set forth in Chapter 15.70 of the Fullerton Municipal Code (FMC). WHEREAS, the City of Fullerton, as Lead Agency, determined that the proposed project is exempt under the provisions of the California Environmental Quality Act and therefore in accordance with the CEQA Guidelines prepared the necessary documentation to comply with Section 15332 “In-Fill Development Projects” in conformance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines (Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.) NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF FULLERTON RESOLVES AS FOLLOW: 1. In all respects as set forth in the Recitals of the Resolution. 2. Planning Commission, pursuant to FMC Section 15.70.040(D) finds as follows: Finding: That the proposed use is conditionally permitted in the zone and complies with all applicable zoning standards. Fact: The FMC allows for off-site parking with the approval of a Conditional Use Permit. Further, the subject surface parking lot is currently developed with 61 parking spaces, providing the adequate number of parking spaces required by the zoning standards for the proposed development. Finding: That the project is consistent with the goals and policies of the General Plan of the City or any specific plan applicable to the area of the proposed use: 6 Fact: The Community Development and Design Element of The Fullerton Plan encourages maintenance and improvement of existing built environment (Policy P1.5). Utilizing an existing parking lot instead of constructing a new parking lot allows for valuable space to be developed and revitalized with new establishments that would help to activate the block along Harbor Boulevard. Reusing an existing developed infrastructure keeps the project in line with maintaining the built environment. Finding: That the proposed use, as conditioned, will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Fact: No changes will be made to the existing parking lot. The existing safety characteristics including handicapped stalls and ramps, driveway locations, circulation, and lighting will all be maintained to protect the health, safety, and general welfare of persons residing or working in the vicinity. Additional Conditions of Approval are included to ensure that any changes made to the parking lot will be consistent with City standards. Finding: That the proposed project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47 of the Fullerton Municipal Code. Fact: Utilizing an existing surface parking lot for off-site parking minimizes the potential disruption of natural features and maintains a design compatibility with the character of the surrounding area. No impacts on traffic patterns will occur as the existing parking lot circulation and layout will remain the same. Moreover, the parking lot will continue to accommodate individuals with physical disabilities by maintaining the existing handicapped parking stalls and ramps. Conditions of approval are included to ensure that any design modifications made to the parking lot, including landscaping, restriping, circulation, etc., will be in compliance with the Design Criteria of the FMC. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS: Planning Commission does hereby approve said Conditional Use Permit ZON-2022- 0055, subject to the following conditions of approval: Project Specific: 1. Visible signage shall be posted within the parking lot premises indicating that the parking lot belongs to the Fox Block Development (Development). 2. Parking lot usage shall be exclusive to the Development until which time the lot is redeveloped. Should the subject parking lot be redeveloped, the project owner shall be responsible for obtaining approval of an alternative solution to satisfy the parking requirements for the Development. 6 General Conditions: 1. The Director of Community and Economic Development or designee reserves the right to impose additional corrective measures, if it is determined that such conditions are proven necessary for the protection the neighborhood and adjacent properties. 2. A camera surveillance camera system shall be installed and operating at all times to monitor the subject premises with at least thirty (30) days of off-site recording capability, to the satisfaction of the Chief of Police or designee. Signage shall be placed in the parking lot notifying patrons that security cameras are in use. 3. Parking lot ingress and egress and the surfacing of parking areas and driveways shall be properly maintained to allow proper circulation and safety to the satisfaction of the City Engineer or designee. 4. Landscaping in and around the parking lot shall be maintained to ensure orderly growth to mitigate visibility obstructions and safety hazards. 5. Parking lot operating hours shall be limited to the operating hours of the Fox Block Development: • Sundays through Thursdays: 5:00 AM to 12:00 AM • Fridays and Saturdays: 5:00 AM to 2:00 AM 6. Signage shall be posted that states that overnight parking is not permitted and violators shall be towed at their own expense, to the satisfaction of the Chief of Police or designee. 7. The applicant shall agree to indemnify, hold harmless and defend the City of Fullerton, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of the project. ADOPTED BY THE FULLERTON PLANNING COMMISSION ON OCTOBER 26 ,2022: Douglas Cox, Chairman Attachments: • Exhibit A – Engineering Conditions of Approval CONDITIONS OF APPROVAL Project specific 1. The portion of Ellice Place right-of-way west of the proposed cul-de-sac shall be abandoned in accordance with Chapter 16.08 of the Fullerton Municipal Code (FMC). If determined that the Successor Agency/City of Fullerton is underlying in fee property owner for the to-be-abandoned street right-of-way, the subject area shall be included in the Purchase and Sale Agreement (PSA). The applicant shall be responsible for preparation of abandonment documents (i.e., legal description and plot) required to process the abandonment. 2. Ellis Place abandonment of street right-of-way with a reservation of a public utility easement over the abandoned area shall be considered concurrently with the project review and shall be approved and recorded prior to grading permit issuance. 3. Encroachment Agreement(s) shall be executed between the applicant/project and the City for private improvements installed within the reserved public utility easement and shall be recorded prior to Certificate of Occupancy. The City shall not be responsible for restoration of private hardscape and landscape improvements that may be removed during utility improvements, maintenance, and operations. The City will restore disturbed hardscape areas with conventional concrete and backfill with soil in landscape areas. 4. The project shall be submitted to Orange County Flood Control District (OCFCD) for review and approval. Any additional studies/conditions required by OCFCD shall be addressed prior to grading permit issuance. 5. The Developer shall maintain a continuous unobstructed path of travel for pedestrian access between Harbor Boulevard and Ellis Place as specified in Community and Economic Development Dept. (CEDD) conditions and shall comply with minimum clear width clearances in accordance with ADA and current CBC requirements. 6. The Developer shall grant temporary public access over the abandoned area until commencement of work. FRONTAGE IMPROVEMENTS 7. Separate Public Improvement Plans for the listed below improvements shall be submitted to the Public Works/Engineering Department and approved prior to building permit issuance and shall be constructed prior to the issuance of the Final Certificate of Occupancy for the proposed Major Site Plan Development. 8. Vehicular access improvements (i.e., driveways, rolled curbs, etc.) for deliveries and public utility maintenance shall be provided on the final construction plans and shall be reviewed and approved by Public Works Department. 9. The project proposes to eliminate Harbor Boulevard and Ellis Place vehicular connectivity. Intersection improvements shall be removed, and a full height curb and gutter and concrete sidewalk shall be constructed in accordance with City Standards. Modified (rolled curb) may be required to provide adequate access for maintenance of utilities located within the future public utility easement. Any bollards along project frontage(s) shall be removable. 2 10. The project proposes to construct a new cul-de-sac at the terminus of Ellis Place that will result from the abandonment of the westerly segment of Ellis Place. The cul-de-sac design shall comply with City Standards and Fire Department’s requirements for turning radii. 11. Portion of the proposed cul-de-sac is located within the parking lot area that’s owned in fee by the Successor Agency/City of Fullerton. As such, the dedication of the additional street right-of-way for roadway and public utility purposes is required for the Ellis Place cul -de- sac construction. The applicant shall be responsible for the preparation of legal descriptions and plots for said dedication. Dedication shall be considered/approved concurrently with the projects review and City Council’s approval. 12. The Asphalt Concrete (AC) pavement on Ellis Place is in poor condition with a Pavement Condition Index (PCI) of 46 and will further deteriorate as a result of the proposed construction activities. The project shall reconstruct the AC pavement along Ellis Place for the entire street width from the new cul-de-sac to Pomona Avenue. The pavement structural section for the new cul-de-sac and existing AC pavement along Ellis Place shall be designed in accordance with a Soils Investigation Report prepared by a Registered Civil Engineer and as approved by the City Engineer. 13. Proposed driveway(s) on Ellis Place shall be constructed in accordance with City of Fullerton Standard Plans. 14. There are no city-owned streetlights located on Ellis Place between the proposed cul-de- sac and Pomona Avenue. The project shall install new streetlights on Ellis Place from the proposed cul-de-sac to Pomona Avenue. a. The developer shall coordinate the removal of the existing streetlight (mast arm and luminaire) mounted on the power pole with Southern California Edison (SCE). b. New streetlights shall be designed and installed in accordance with the City of Fullerton Standards (500 series) and Standard Specifications for Ornamental Street Lighting Systems with City of Fullerton-approved LED luminaires (Cooper Navion, GE Evolve or Leotek). c. The developer shall coordinate the new electrical connection for new streetlights with SCE. New city-owned electrical metered panel(s) shall be installed in a City of Fullerton standard switch cabinet (Std. 504) at a location approved by the City and SCE. d. The number and location of new streetlights shall be determined by a Photometric Study that shall be prepared by the developer and submitted to Public Works Department for review and approval. The new streetlights shall achieve an adequate illumination level and shall meet the City’s maximum spacing requirements. e. A separate street lighting plan shall be submitted to the Public Works Department for review and approval. 15. The AC pavement located south of the new cul-de-sac that includes the loading zone shall be rehabilitated within the limits of construction. The pavement structural section shall be designed in accordance with a Soils Investigation Report prepared by a Registered Civil Engineer and as approved by the City Engineer. 16. The AC pavement on the alley west of the Pomona Avenue/Chapman Avenue parking lot is in poor condition and will further deteriorate as a result of proposed utility trenching. 3 Utility trenching shall be in accordance with City Standards 312 and 313. Limits of trench repair and AC pavement rehabilitation is pending review during final design of utility plans. 17. The project shall maintain all proposed landscaping and aesthetically enhanced hardscape (sidewalk paving) in the public right-of-way along the project frontage(s), including irrigation. On-site irrigation shall be extended to the public parkway. 18. Landscaping and irrigation improvements in the public right -of-way shall be on separate landscaping plans and shall be submitted to Public Works Depar tment for review and approval. 19. The developer shall be responsible for any damage to newly installed public improvements that may occur during the construction of subsequent phases of the project. The extent of repairs shall be as determined by the City Engineer. 20. Proposed trash enclosures shall be privately owned and maintained. GRADING AND DRAINAGE 21. 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 compliance with the State’s and City’s codes and regulations. 22. Subject conceptual documents (Conceptual Grading Plan as approved October 18, 2022; Preliminary Hydrology Report as approved October 18, 2022; and PWQMP as approved October 20, 2022) have been reviewed by the City and found acceptable. 23. 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. 24. The proposed site improvements shall not result in the increase of storm water runoff and flow intensity to the adjacent properties and the public right of way. No surface runoff will be permitted across sidewalks and driveway approaches. 25. The project shall prepare a final pre-construction and post-construction Hydrology and Hydraulics Study. The size and alignment of the on-site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Re gistered Engineer and shall be approved by the City Engineer prior to issuance of a grading permit. 26. Proposed on-site storm drain facilities shall be privately owned and maintained. 27. The project proposes to utilize the existing 18-inch Reinforced Concrete Pipe (RCP) located on Ellis Place to discharge the on -site storm drain system into the Brea Creek Channel. 4 28. The developer shall video inspect the above-referenced storm drain pipes to determine if they are adequate in condition. Results of the video inspections shall be submitted to the Public Works Department for review. If determined that said storm d rain facilities are damaged, the developer shall be required to repair and/or replace the existing facilities. Extent and methods of improvements shall be as determined and approved by the City Engineer. 29. All storm drains constructed within the public rig ht-of-way or other public easements shall be a minimum of 18 inches in diameter RCP constructed in accordance with City standards. Trenching and backfill shall be in accordance with City standards 312 and 313. 30. A final grading plan shall be submitted to Public Works Department for review and approval, and a grading permit shall be issued prior to issuance of building permit. 31. Site grading shall adhere to the approved grading plan . 32. As-Built Grading Plan, signed and stamped by the Engineer of Record and the Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer’s review and approval. 33. All retaining walls and any above-ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan. 34. A Final Priority Water Quality Management Plan (WQMP) shall be submitted and approved by the City Engineer prior to the issuance of a 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. 35. 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, NPDES Permit No. CAS618030), Orange County Model Water Quality Management Plan (Model WQMP), and the Orange County Technical Guidance Document (TGD). 36. 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. UTILITIES 37. Easements shall be obtained for all proposed franchise public utilities located outside of street right of way and/or public utility easement reserved over the abandoned portion of Ellis Place prior to building permit issuance. 38. According to FMC Section 16.05.060, all proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems shall be installed 5 underground; all existing facilities providing direct service to the development shall be undergrounded. In addition, existing power poles and overhead facilities (except electrical transmission lines) along the project’s frontage shall be undergrounded. Where the enforcement of the underground utility provisions results in undue hardship, the applicant may submit a written appeal pursuant to Section 16.05.060.E.3. Written appeal shall include a letter of justification including information, facts, and figures necessary to properly advise and inform the Community and Economic Development Director and the City Engineer of the circumstances which require such appeal and create the hardship. SEWER AND WATER 39. A Limited Sewer Generation Study providing pre- and post-construction sewage generation volumes shall be provided. If determined that there is not sufficient capacity in the downstream City-owned sewer system, the project shall be required to address these deficiencies identified in the Limited Sewer Generation Study. 40. Proposed sewer laterals shall be minimum 6” V.C.P. per City Std. 209A and 209B. All existing lateral connections to be utilized for the development shall be video inspected to determine their condition. Video shall be submitted to the Public Works/Maintenance for review. If determined that the existing connection(s) are in poor condition, they shall be replaced with new lateral connections per standard plans. 41. The proposed building located at the triangle lot shall connect to the existing 10” C.I. main on Ellis Place a master meter for domestic service, a fire service, and relocate existing fire hydrant within 50’ of Fire Department Connection all per City of Fullerton Standards and Specifications. 42. The building located at 550-554 N. Harbor Boulevard shall connect to the existing 10” D.I. main in the parking lot east of the building a master meter for domestic service, a master meter for irrigation service, a fire service, install a fire hydrant within 50’ of Fire Department Connection, and relocate existing services from the existing building all per City of Fullerton Standards and Specifications. 43. The existing landscape located at the N/W corner of Pomona Avenue and Chapman Avenue parking lot is currently maintained and irrigated by the City. The developer shall contact City of Fullerton Landscape Maintenance Division to end the irrigation service. The existing controller shall be salvaged and returned to the City. 44. The Developer shall abandon the existing 6” C.I. main and valves on Ellis Place from the intersection of Harbor Blvd. and Ellis Place to the T and valves at the connection of the 10” D.I. main on Ellis Place per City of Fullerton Water Utility Specificatio ns. 45. The developer shall submit a separate Water Improvement Plan prepared by a California Registered Civil Engineer. The system shall be designed in conformance with City of Fullerton Water Utility Specifications and Fire Department requirements and sh all be subject to approval of the City Engineer. 46. The developer shall provide water calculations to properly size the new meters. All proposed and existing hydrants must meet Fire Department minimum required flow (City 6 of Fullerton’s Water Rates, Rules, and Regulations, Rule 15.A and 15.B). Fire Flow Report shall be requested through Public Works, PWPermits@cityoffullerton.com. TRAFFIC 47. The developer shall provide and implement a separate signing and striping plan(s), for Harbor Boulevard that addresses the elimination of the Harbor Boulevard and Ellis Place intersection. An element of the plan(s) is to include the reorientation of the existing east/west crosswalk into a two-stage crosswalk with a median island and flashing pedestrian activated rectangular rapid flashing beacons designed and constructed to the satisfaction of the City Engineer and City Traffic Engineer. 48. The developer shall provide and implement a separate street lighting plan (s), addressing the elimination of Ellis Place. The plan should address the existing streetlight within the closed portion of Ellis Place and the provision of adequate lighting levels, relocation/replacement of said streetlight is pending review during final design. The plan and construction of street light modifications are to be implemented to the satisfaction of the City Engineer. 49. The developer shall provide and implement a traffic signal modification plan for the installation of an eastbound protected-permissive left-turn arrow for the Chapman Avenue and Pomona Avenue intersection constructed to the satisfaction of the City Traffic Engineer. It is anticipated that the developer will be required to replace the mast-arm pole and related equipment on the southeast corner of the intersection as well as the implementation of minor modifications to the traffic signal control equipment, vehicle detection, wiring, vehicle indications, and the programing of the traffic signal. 50. The developer shall provide and implement a signing and striping plan for Ellis Place west of Pomona Avenue, including the intersection of Pomona Avenue and Ellis Place, that addresses the new cul-de-sac and the closure of the road west of Pomona Avenue, to the satisfaction of the City Engineer and City Traffic Engineer. Implementation of the elements of the plan are to include the refresh of any traffic controls and/or markings that may have been degraded on both Ellis Place and on Pomona Avenue due to the construction activities. 51. The developer shall provide easily accessible bicycle parking on-site to accommodate anticipated demand, to the satisfaction of the Director of Community and Economic Development and the City Traffic Engineer. 52. Prior to the issuance of the grading permit, the developer shall submit a Traffic Management Plan (TMP) for construction to the Public Works Department for review and approval. The TMP shall describe the planned schedule for the implementation of the closure of Ellis Place, the upgrade of the Chapman and Pomona traffic signal, and the traffic and parking control measures to be employed during the construction phase of the project. It shall also identify construction haul routes, location of parking for the public and construction workers, use of flagmen if necessary, and any pedestrian -related impacts to sidewalks and intersection crossing. The goal of the TMP is to minimize construction impacts to circulation, businesses, the high school, adjacent properties, and the public. Implementation of the TMP will be monitored by the Public Works Department during all phases of the project construction. 7 53. The parking lot located at the N/W corner of Pomona Avenue and Chapman Avenue consists of four legal lots that shall be consolidated in to one lot before the issuance of a Building Permit for the proposed development. The applicant shall be responsible for the preparation and recordation of the Lot Line Adjustment (LLA) that is required to perform lot consolidation. LLA shall be prepared by a professional license surveyor and shall be reviewed, approved by the City, and recorded prior to issuance of building permits. PERMITS, BONDS, AND CASH 54. All of the above 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. 55. All of the above public improvements shall be guaranteed to be installed by the execution of an Agreement for Public Improvements secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials and in a form approved by the City Attorney. 56. In addition, all cash fees and deposits shall be collected by the City of Fullerton prior to the issuance of Certificate of Occupancy. 57. 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 $5,000 shall be deposited with th e Public Works Department concurrently with the first review submittal, by the City’s consultants, of the grading plans, soils report, hydrology report, 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. COVENANTS, CONDITIONS, AND RESTRICTIONS 58. The on-site private improvements are essential to this type of development and the comfort and well-being of future tenants and property owners. As such, if the development proposes commonly shared areas between any of the affected parcels the developer shall provide the documents, covenants, conditions, restrictions, and by-laws (CC&Rs) of the property owner’s association to the Directors of Community and Economic Development and Public Works Departments for review and approval prior to Final Certificate o f Occupancy. 59. All items as described elsewhere in this report or contained in the conditions of approval for this project shall be included in the CC&Rs and property owner’s association papers. 60. The property owner’s association shall be responsible for th e maintenance of all on-site improvements. 8 General Engineering Conditions: • 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. This includes supplements thereto and City of Fullerton Standard Drawings. • All plans for improvements in the public right of way shall be prepared by a Registered Civil Engineer authorized to practice in the State of California . • 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. • During site improvement, all deliveries to the project site that are overweight, or oversize will require a transportation permit from the Public Works Department. • The project shall utilize the City’s benchmarks. A list of the City’s benchmarks is available on the City of Fullerton website. • The developer shall provide and maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as se t 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. • Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313. • Any controlling survey monumentation (property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with Section 8771(b) of the California Business and Professions Code (Professional Land Surveyors Act). Pre-construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Copies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post-construction Corner Records or Record of Survey filed with the County of Orange. A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way. • Existing public and private easements shall not be affected by the proposed development. Any modification to an existing public and/or private easement shall be coordinated and approved by applicable easement owners. • All facilities crossing lot lines shall be located in private easements. • Sewer, water, drainage, storm water quality facilities exclusively serving the proposed development shall be privately owned and maintained. • 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. Attachments: • Cannon’s Memo dated October 18, 2022 and comments on Conceptual Grading Plan, Preliminary Hydrology Study, and Soils Report. • John L. Hunter’s Memo dated October 18, 2022 and comments on Preliminary WQMP and Conceptual Grading Plan. 9 • City of Fullerton Standard Plans: https://www.cityoffullerton.com/government/departments/public - works/engineering/general-engineering/standard-drawings • City of Fullerton Benchmarks: https://www.cityoffullerton.com/government/departments/public - works/engineering/general-engineering/bench-marks 1 RESOLUTION NO. PC-2022-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AUTHORIZING THE ESTABLISHMENT OF RESTAURANTS WITH ALCOHOL SALES FOR ON-SITE CONSUMPTION AND A BAR/LOUNGE WITH ENTERTAINMENT AT 550 NORTH HARBOR BOULEVARD, AND A MICROBREWERY WITH A DEDICATED BAR SEATING AREA AND FOOD SERVICE LOCATED AT APN 029-032-21 PRJ2022-00004 – ZON-2022-0053, ZON-2022-0054, ZON-2022-0055, AND SUB-2022- 00003 APPLICANT: FOX HARBOR, LLC. PROPERTY OWNER: CITY OF FULLERTON REDEVELOPMENT/SUCCESSOR AGENCY RECITALS: WHEREAS, the applicant filed an application with the City of Fullerton Community and Economic Development Department for Conditional Use Permit (ZON-2022-0054) to allow a microbrewery within a proposed new building located on the triangular-shaped parcel (further referred to as the “Triangle Parcel”) located north of Ellis Place and east of Harbor Boulevard, two (2) proposed sit-in restaurants with full service liquor on the ground floor and a proposed bar/lounge with full liquor service on the upper level of the renovated Angelo’s and Vinci’s building at 550 North Harbor Boulevard. WHEREAS, Angelo’s and Vinci’s located at 550 North Harbor Boulevard, will be renovated to accommodate two (2) new full-service dine-in restaurants and five (5) new food vendors on the ground floor. The two newly proposed dine-in restaurants would operate under Type 47 “On-Sale General – Eating Place” licenses to allow the sale of beer, wine, and distilled spirits for on-site consumption. The five (5) new restaurants for individual food vendors are required to obtain separate Conditional Use Permit approvals for the sale of alcohol and will be subject to compliance with the provisions set forth by the California Department of Alcoholic Beverage Control including site layout and required enclosures. WHEREAS, the second floor of Angelo’s & Vinci’s will be renovated to create a new, 5,088 square-foot lounge area that includes a balcony and an external staircase to allow for egress from the balcony directly to the ground level. The lounge would operate under a Type 48 “On-Sale General – Public Premises” license, authorizing the sale of beer, wine, and distilled spirits for on-site consumption only. WHEREAS, the Triangle Parcel, located directly north of Angelo’s & Vinci’s across Ellis Place will be redeveloped to include constructing a new single-story structure with 2 mezzanine that will house a new proposed microbrewery business. The new building will contain approximately 6,830 square feet of floor space and is intended to operate as a full production brewery and tasting room. The microbrewery would operate under a Type 23 “Small Beer Manufacturer” license which authorizes the business to operate a small- scale brewery whose specialty beer products will be produced and sold in draft form primarily for on-site consumption. WHEREAS, the encompassing extended hours of operation for the entire Fox Block Development will be Sundays through Thursdays 5 AM to 12 AM, and Fridays and Saturdays 5 AM to 2 AM; however, individual establishments including restaurants and food vendors will operate at reduced hours. WHEREAS, pursuant to Section 15.30.030.3 of the Fullerton Municipal Code, the Central Business District, with a Restaurant Overlay District (for Angelo’s & Vinci’s), is explicitly envisioned to allow for restaurants with entertainment and ancillary on-site alcohol sales with the approval of a Conditional Use Permit. WHEREAS, per ABC regulations, Census Tract 114.01 (i.e., location of Angelo’s & Vinci’s) has allowed for a total of two (2) on-sale ABC Licenses and one (1) off-sale ABC licenses, and Census Tract 113 (Triangle Parcel) has allowed seven (7) on-sale ABC Licenses and three (3) off-sale ABC licenses (Exhibit C). Should an Undue Concentration occur in any of the Census Tracts, each applicant will be required to make findings of Public Convenience and Necessity (PCN) through ABC. 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-2022-00004. WHEREAS FMC Section 15.47.040 authorizes the Planning Commission to act on a Conditional Use Permit, considering compliance with the findings set forth in Chapter 15.70 of the Fullerton Municipal Code (FMC). WHEREAS, the City of Fullerton, as Lead Agency, determined that the proposed project is exempt under the provisions of the California Environmental Quality Act and therefore in accordance with the CEQA Guidelines prepared the necessary documentation to comply with Section 15332 “In-Fill Development Projects” in conformance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code, Sections 21000 et seq.) and CEQA Guidelines (Title 14, California Code of Regulations, Chapter 3, Section 15000 et seq.) NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF FULLERTON RESOLVES AS FOLLOW: 1. In all respects as set forth in the Recitals of the Resolution. 3 2. Planning Commission, pursuant to FMC Section 15.70.040(D) finds as follows: Finding: That the proposed use is conditionally permitted in the zone and complies with all applicable zoning standards. Fact: The C-3 zone provides standards for a highly concentrated business district that includes mixed residential and commercial uses, primarily for the downtown area. The project proposes two sit-in restaurants, a bar/lounge, and a microbrewery that will all operate with on-site alcohol sales with an approved Conditional Use Permit. Moreover, seven (7) individual food vendors are also proposed as part of the new development. All of these uses are permitted in the C-3 zoning district. Finding: That the project is consistent with the goals and policies of the General Plan of the City or any specific plan applicable to the area of the proposed use: Fact: The Community Development and Design Element of The Fullerton Plan encourages projects to maintain a sense of place (Policy P2.4). In addition to the redevelopment of the project area, incorporating uses that include on-site alcohol sales in conjunction with restaurants reinforces the character and sense of place of the established surrounding neighborhood and districts. Several neighboring restaurants, lounges, and breweries operate with on-site alcohol sales and consumption, and incorporating this appurtenant use would allow the proposed project to preserve the attributes which contribute to the neighborhood district identity and vitality. Finding: That the proposed use, as conditioned, will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Fact: On-site alcohol sales and consumption are authorized only within the licensed premises and the restaurants, lounge, and microbrewery will operate, as conditioned, under the provisions set forth by the Department of Alcoholic Beverage Control (ABC). The project will be appropriately conditioned to further protect the public health, safety, and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of the project site. Finding: That the proposed project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47 of the Fullerton Municipal Code. Fact: The redevelopment portion of the proposed project has undergone a rigorous site plan review where design criteria has been discussed to ensure elements of the renovation and the new building demonstrate substantial compliance with the Design Criteria outlined in Section 15.47.060. The proposed micro-brewery and on-site alcohol sales and consumption as an appurtenant use to the restaurant and lounge would not impact or otherwise alter the overall project design. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF FULLERTON 4 RESOLVES AS FOLLOWS: Planning Commission does hereby approve said Conditional Use Permit ZON-2022- 0054, subject to the following conditions of approval: Project Specific: 1. The hours of operation shall be limited to the following: a) Sundays through Thursdays: 5:00 AM to 12:00PM b) Fridays and Saturdays: 5 AM to 2:00 AM At each time a vendor occupies a tenant space, hours of operation shall be provided by the applicant to be approved by the City. Operational Conditions: 2. Restaurants with entertainment, as defined in Section 3.08.020(H), shall be open and offer a full dining menu during normal dinner hours a minimum of five (5) days per week. Food shall be made available to patrons at all times the business is open, except the last hour before closing. Restaurants with entertainment are strongly encouraged, but not required, to be open during regular lunch hours. 3. Prior to issuance of building permits, any business providing Entertainment at any time, or On-Site Alcohol Sales after 10:00 p.m., shall be required to provide a written Security/Operational Plan in a form and manner prescribed by the Police Department. The contents of the plan shall include, but are not limited to: a) The number of locations of any security personnel. b) The use and location of video surveillance for the interior and exterior of the establishment as applicable. c) Lighting plans for the interior and/or exterior. All indoor and outdoor areas shall have adequate lighting to make easily discernable all activities for security and safety purposes. Outdoor lighting shall be designed to minimize light trespass on to streets and adjoining properties and shall include shielding and fixture placement to restrict unintended light glare. d) Description of security protocols and practices to address incidents within the establishment, exterior patios and queuing areas. e) When applicable, a written description of how the establishment will provide visibility into the premises for security and police personnel. The Police Department may alter the number of security personnel require at any time, with reasonable written notice, based upon deserved conditions at the establishment. Modifications to a Security Plan may include specific days, 5 times, or occasions necessitating additional security, such as temporary uses, special events or holidays. 4. Outdoor music. Ambient music, as that term is defined in the FMC, is permitted to be played through house speakers at a volume wherein normal conversation is not impeded, within the outdoor dining or patio areas until 2:00 a.m. Any music that is played outdoors at a volume louder than Ambient Music, whether live or prerecorded, is considered Entertainment (Outdoor). 5. Cover Charge. No admission fee, cover charge, or similar fees may be imposed upon patrons as a condition of entry to the premises prior to 10:00 p.m. After 10:00 p.m. a cover charge may be assessed at the discretion of the business. 6. Noise. Noise generated from the establishment shall not exceed the levels specific in Chapter 15.90 of the FMC. 7. Queuing. Outside queuing of patrons shall be located so as not to obstruct the public right-of-way, interfere with any outside eating areas, or impede access to adjacent businesses. Adequate lighting and security provisions shall be required for all queuing areas and described in the Security/Operational Plan. 8. Responsible beverage service/sales training requirements. All owners, managers and employees serving and/or selling alcoholic beverages in an establishment shall complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Records regarding the successful completion of the training program shall be maintained on the premises and presented for review upon request by City staff. 9. Posting of responsible beverage sales policies. Operators shall be required to post the businesses alcohol sales policies in a conspicuous location within the establishment. These policies should include: a. Requirement to provide identification for every customer under the age of 30. b. Notice to patrons regarding the use of video surveillance. c. Posting of signage in a conspicuous location which states “It is illegal to serve or sell alcohol to a person who is obviously intoxicated [B&P Code 25602]” 10. Graffiti. The exterior of the business, including signs and accessory structures, shall be maintained free of graffiti at all times. Graffiti shall be removed within twenty-four (24) hours. 6 11. Trash/debris removal. The business owner or operator shall provide for daily/nightly removal of trash, litter and debris (including vomit, urine and excrement) from the premises and on all abutting sidewalks and parking lots within twenty-five (25) feet of the exterior of the building. Removal and cleaning of this area shall be completed as part of the closing of the establishment. General Conditions: 12. The approved use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Community and Economic Development Department to impose additional corrective conditions, if it is determined that such conditions are proven necessary for the protection the neighborhood and adjacent properties. 13. After hour on-site alcohol sales and consumption shall be prohibited, including promotional events and special events. 14. The establishments operating under ABC License Type 47 shall be maintained as a bona fide eating place (eating establishment) with an operational kitchen, in accordance with the definition of such in the FMC and shall provide a full menu containing an assortment of foods normally offered in such restaurants. Food service shall be available at all times during operating hours 15. The barrier separating the outdoor area from any abutting sidewalk or public right-of- way shall be constructed of such height, design, and materials that will preclude passersby from interacting with or obtaining any beverage of food from the restaurant tables and/or patrons. 16. The applicant shall agree to indemnify, hold harmless and defend the City of Fullerton, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of the project. ADOPTED BY THE FULLERTON PLANNING COMMISSION ON OCTOBER 26, 2022: Douglas Cox, Chairman RESOLUTION NO. PC-2022-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FULLERTON, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A PARTIAL STREET VACATION OF ELLIS PLACE TO ALLOW AN OUTDOOR DINING, GATHERING, AND ENTERTAINMENT AREA IN CONJUNCTION WITH TWO NEW DEVELOPMENTS LOCATED AT 550 NORTH HARBOR BOULEVARD AND 115 ELLIS PLACE PRJ2022-00004 – ZON-2022-0053, ZON-2022-0054, ZON-2022-0055, AND SUB-2022- 00003 APPLICANT AND PROPERTY OWNER: FOX HARBOR, LLC AND CITY OF FULLERTON RECITALS: WHEREAS, applications were filed with the City of Fullerton Community and Economic Development Department for a Major Site Plan (ZON-2022-0053), Conditional Use Permit (ZON-2022-0054) Conditional Use Permit (ZON-2022-0055), and Street Abandonment and Vacation (SUB-2022-00003) for the redevelopment of a 0.49-acre commercial zoned property from an existing parking lot into a new 6,830 square feet commercial building that would have an open courtyard designed with landscaping, a common seating area, entertainment areas, and a counter bar at the brewery. This courtyard would combine with a vacated portion of Ellis Place to create a continuous open and publicly accessible space of approximately 10,000 square feet that would create a connection between the renovated Angelo’s & Vinci’s building and the proposed Fox Block building on the Triangle Parcel. WHEREAS the Planning Commission of the City of Fullerton, in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76, has held a duly held a duly noticed public hearing for PRJ-2022-00004; and WHEREAS FMC Chapter 16.08 authorizes the Planning Commission to make a recommendation to City Council on a Street Vacation request, considering the legal description of the area to be vacated along with a vicinity map (16.08.020); and WHEREAS, the Planning Commission may recommend approval, approval conditioned upon the completion of certain requirements, or denial (16.08.060); and WHEREAS the Planning Commission of the City of Fullerton, in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76, has held a duly held a duly noticed public hearing for PRJ-2022-00004; and RESOLUTION NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Fullerton, as follows: (1) That this street vacation is made pursuant to Chapter 16.08 of the Fullerton Municipal Code. (2) That the purpose of the Fullerton Municipal Code, Chapter 16.08010 states that the purpose of the code is to establish a uniform procedure relating to the vacation and abandonment of City streets, alleys, easements and other nonfee interests which the City may have in real property, but not to easements or land held in fee for park and recreation use. The provisions of the State Streets and Highways Code (Sec. 8300 et seq.) shall be followed with regard to the abandonment of public streets, alleys, lanes or courts; the State Streets and Highways Code (Sec. 8300 et seq.) shall be followed with regard to the vacation of other easements or special purpose easements dedicated to the City. (3) That the portion of the street to be vacated is a portion of Ellis Place described in attached Exhibit “A” and shown on Exhibit “B" hereto and by reference made a part hereof. (4) The portion of the street to be vacated is described in the attached Exhibit “A” and shown on Exhibit “B” is in excess of the City’s need for street use. (5) That from and after the date this resolution is recorded, said street described in the attached Exhibit “A” and shown on Exhibit “B” is vacated and no longer constitute a public street, right of way, highway, public service or public utility easement. ADOPTED BY THE FULLERTON PLANNING COMMISSION ON OCTOBER 26, 2022. Douglas Cox, Chairman Attachments: 1. Exhibits A and B PAGE 1 OF 1 EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF LOT 2 OF CENTRAL ADDITION, IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 7, PAGES 7 AND 8, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 2 WITH A LINE PARALLEL WITH AND 27.00 FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 2 AND THE CENTERLINE OF ELLIS PLACE, AS SHOWN ON PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE, NORTH 89°36’27” WEST 20.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 48°45'24", AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET AND TANGENT AT ITS TERMINUS TO A LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE AND SAID CENTERLINE; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY AND NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 134°10’05”, AN ARC LENGTH OF 117.08 FEET TO SAID PARALLEL LINE DISTANT 27.00 FEET SOUTHERLY FROM SAID NORTHERLY LINE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE IN A NORTHERLY DIRECTION THROUGH A CENTRAL ANGLE OF 31°58’32”, AN ARC DISTANCE OF 27.90 FEET TO SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°36’27” WEST 13.40 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE, ALONG SAID WESTERLY LINE, SOUTH 00°58’24” WEST 27.00 FEET TO SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°36’27” EAST 8.23 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 256± SQUARE FEET. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART THEREOF. APN: 029-032-38 ____________________________________ ___________________ DAVID R. GRAY, P.L.S. NO. 5239 DATE C/L ELLIS PLACE P.O.B. E'LY LINE LOT 2-R1 N'LY LINE OF LOT 2-R1L2 T.P.O.B. W'LY LINE LOT 2-R1 SCALE: 1"=40' PREPARED BY: 601 EAST DAILY DRIVE, SUITE 225 CAMARILLO, CA 93010 805-987-3945 FAX: 805-987-1655 JOB NO. 2131 AUGUST 2022 EXHIBIT "B"SHEET 1 OF 1 10-19-2022 AREA DESCRIBED IN LEGAL CENTERLINE EXISTING LOT LINE EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY LEGEND: ABBREVIATIONS: M.M. MISCELLANEOUS MAP R1 CENTRAL ADDITION M.M. 7/7-8 R2 JAMES C. ROUSE SUBDIVISION M.M. 8-37 R3 PARCEL MAP NO. 2009-138, P.M.B. 370/44-47 E'LY EASTERLY S'LY SOUTHERLY N'LY NORTHERLY W'LY WESTERLY P.M.B. PARCEL MAP BOOK P.O.B. POINT OF BEGINNING P.R.C. POINT OF REVERSE CURVE T.P.O.B. TRUE POINT OF BEGINNING C/L CENTERLINE BASIS OF BEARINGS: PLAT TO ACCOMPANY LEGAL DESCRIPTION OF ELLIS PLACE PER PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. PAGE 1 OF 1 EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2009-138, IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 370 PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LOT 2 OF CENTRAL ADDITION, FILED IN BOOK 7 PAGES 7 AND 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, WITH A LINE PARALLEL WITH AND 27.00 FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 2 AND THE CENTERLINE OF ELLIS PLACE, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID PARALLEL LINE, NORTH 89°36’27” WEST 20.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 48°45'24", AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET AND TANGENT AT ITS TERMINUS TO A LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE AND SAID CENTERLINE; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY AND NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 134°10’05”, AN ARC LENGTH OF 117.08 FEET TO SAID PARALLEL LINE DISTANT 27.00 FEET SOUTHERLY FROM SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°36’27” EAST 151.35 TO THE TRUE POINT OF BEGINNING. CONTAINS: 3,109± SQUARE FEET. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART THEREOF. APN: 029-032-38 ____________________________________ ___________________ DAVID R. GRAY, P.L.S. NO. 5239 DATE P.O.B. E'LY LINE LOT 2-R1 C/L ELLIS PLACE T.P.O.B. N'LY LINE OF LOT 2-R1 W'LY LINE OF EAST HALF OF LOT 2-R1 EXHIBIT "B"SHEET 1 OF 1 SCALE: 1"=40' PREPARED BY: 601 EAST DAILY DRIVE, SUITE 225 CAMARILLO, CA 93010 805-987-3945 FAX: 805-987-1655 JOB NO. 2131 AUGUST 2022 10-19-2022 AREA DESCRIBED IN LEGAL CENTERLINE EXISTING LOT LINE EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY LEGEND: ABBREVIATIONS: BASIS OF BEARINGS: SEE DETAIL "A" DETAIL "A" NOT TO SCALE PLAT TO ACCOMPANY LEGAL DESCRIPTION M.M. MISCELLANEOUS MAP R1 CENTRAL ADDITION M.M. 7/7-8 R2 JAMES C. ROUSE SUBDIVISION M.M. 8-37 R3 PARCEL MAP NO. 2009-138, P.M.B. 370/44-47 E'LY EASTERLY S'LY SOUTHERLY N'LY NORTHERLY W'LY WESTERLY P.M.B. PARCEL MAP BOOK P.O.B. POINT OF BEGINNING P.R.C. POINT OF REVERSE CURVE T.P.O.B. TRUE POINT OF BEGINNING C/L CENTERLINE OF ELLIS PLACE PER PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. PAGE 1 OF 1 EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF LOT 9 AND ELLIS PLACE AS SHOWN ON THE MAP OF THE JAMES C. ROUSE SUBDIVISION, IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 8 PAGE 37, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF LOT 2 OF CENTRAL ADDITION, FILED IN BOOK 7 PAGES 7 AND 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, WITH A LINE PARALLEL WITH AND 27.00 FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 2 AND THE CENTERLINE OF ELLIS PLACE, AS SHOWN ON PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE, NORTH 89°36’27” WEST 20.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 48°45'24", AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET AND TANGENT AT ITS TERMINUS TO A LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE AND SAID CENTERLINE; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY, NORTHWESTERLY AND NORTHERLY DIRECTION THROUGH A CENTRAL ANGLE OF 166°08’37”, AN ARC LENGTH OF 144.99 FEET TO SAID NORTHERLY LINE AND SAID CENTERLINE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 42°06’43”, AN ARC LENGTH OF 36.75 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 9; THENCE ALONG SAID SOUTHERLY PROLONGATION, NORTH 00°36’33” EAST 3.17 FEET TO SAID LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE AND ITS WESTERLY PROLONGATION, NORTH 89°36’27” WEST 179.96 FEET TO A LINE PARALLEL WITH AND 10.00 FEET DISTANT EASTERLY FROM THE WESTERLY LINE OF SAID LOT 9; THENCE ALONG SAID PARALLEL LINE, SOUTH 00°58’55” WEST 27.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE ALONG SAID SOUTHERLY LINE AND SAID CENTERLINE OF ELLIS PLACE, SOUTH 89°36’27” EAST 153.34 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 4,461± SQUARE FEET. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART THEREOF. APN: 029-032-21 ____________________________________ ___________________ DAVID R. GRAY, P.L.S. NO. 5239 DATE 3' 27 ' 27 ' 27 ' L2 PAGE 1 OF 1 EXHIBIT “A” LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF LOT 2 OF CENTRAL ADDITION, IN THE CITY OF FULLERTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 7, PAGES 7 AND 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT 2 WITH A LINE PARALLEL WITH AND 27.00 FEET DISTANT SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 2 AND THE CENTERLINE OF ELLIS PLACE, AS SHOWN ON PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE, NORTH 89°36’27” WEST 20.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 48°45'24", AN ARC LENGTH OF 72.33 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET AND TANGENT AT ITS TERMINUS TO A LINE PARALLEL WITH AND 27.00 FEET DISTANT NORTHERLY FROM SAID NORTHERLY LINE AND SAID CENTERLINE; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY AND NORTHWESTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 134°10’05”, AN ARC LENGTH OF 117.08 FEET TO SAID PARALLEL LINE DISTANT 27.00 FEET SOUTHERLY FROM SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°36’27” EAST 151.35 TO THE TRUE POINT OF BEGINNING. CONTAINS: 755± SQUARE FEET. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART THEREOF. APN: 029-033-09 ____________________________________ ___________________ DAVID R. GRAY, P.L.S. NO. 5239 DATE P.O.B. E'LY LINE LOT 2-R1 C/L ELLIS PLACE T.P.O.B. N'LY LINE OF LOT 2-R1 W'LY LINE OF EAST HALF OF LOT 2-R1 EXHIBIT "B"SHEET 1 OF 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1"=40' PREPARED BY: 601 EAST DAILY DRIVE, SUITE 225 CAMARILLO, CA 93010 805-987-3945 FAX: 805-987-1655 JOB NO. 2131 AUGUST 2022 10-19-2022 LEGEND: ABBREVIATIONS: BASIS OF BEARINGS: SEE DETAIL "A" DETAIL "A" NOT TO SCALE AREA DESCRIBED IN LEGAL CENTERLINE EXISTING LOT LINE EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY M.M. MISCELLANEOUS MAP R1 CENTRAL ADDITION M.M. 7/7-8 R2 JAMES C. ROUSE SUBDIVISION M.M. 8-37 R3 PARCEL MAP NO. 2009-138, P.M.B. 370/44-47 E'LY EASTERLY S'LY SOUTHERLY N'LY NORTHERLY W'LY WESTERLY P.M.B. PARCEL MAP BOOK P.O.B. POINT OF BEGINNING P.R.C. POINT OF REVERSE CURVE T.P.O.B. TRUE POINT OF BEGINNING C/L CENTERLINE OF ELLIS PLACE PER PARCEL MAP NO. 2009-138 FILED IN BOOK 370, PAGES 44 TO 47, INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY. This notice is provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions and/or to enter your testimony into the public record in advance of the Public Hearing. You are receiving this notice because you live, work, or own property within 300 feet of the project site, or you have indicated you wished to be notified about this project or proposal. Meeting Time and Date This matter will be heard on Wednesday, October 26, 2022, at 6:30 p.m. by the Planning Commission in the Fullerton City Council Chamber, 303 West Commonwealth Avenue, Fullerton, CA 92832. Members of the public can access meetings streamed live online at www.cityoffullerton.com/agendas, on Spectrum Cable Channel 3, and AT&T U-Verse Channel 99. The public may also remotely participate in the meeting to make oral public comment via computer, smart device, or telephone. The Council Chamber will have limited seating available on a first-come, first-served basis for members of the public to attend the meeting in person. What is the Proposed Project? The project proposes to redevelop 1.47 acres of commercial property comprising several parcels located at the northeast corner of Chapman Avenue and Harbor Boulevard within the City of Fullerton’s downtown area. The project proposes the vacation of a portion of Ellis Place and incorporates two distinct developments including a restaurant and commercial development at Harbor Boulevard and Ellis Place. The project area includes the following parcels: 1) The Triangle Parcel – This .49-acre parcel is currently developed as a parking lot and located at the northeast corner of Ellis Place and Harbor Boulevard. It is bounded by a drainage channel to the northwest, Ellis Place to the south, and a parking lot to the east. It is owned by the City of Fullerton. APN 029-032-21; 2) Pomona/Chapman Property – This property consists of four separate parcels totaling .64 acres. It is located at the northwest corner of Chapman Avenue and Pomona Avenue. It is bounded by Pomona Avenue to the east, Chapman Avenue to the south, an alley to the west, and residential uses to the north. It is owned by the Successor Agency. APN 029-033-03 through 06; 3) Angelo’s and Vinci’s – This .33-acre parcel is located at the southeast corner of Harbor Blvd and Ellis Place. It is currently developed with a 15,640 square foot, two-story restaurant. It is bounded by Ellis Place to the north, Harbor Boulevard to the west, the Fox Theatre to the south, and an alley to the west. It is owned by the Steven Peck Inter Vivos Trust, dated March 26, 1991. APN 029-033-25; and 4) Ellis Place Parcel – This long rectangular .08-acre parcel is located directly north of Angelo’s and Vinci’s along the Ellis Place frontage. It is part of the Ellis Place right-of-way owned by the City. APN 029-033-24 This also includes the portion of Ellis Place that is not a part of parcel 029-033-24 but is within the City controlled right-of-way between Angelo’s and Vinci’s and the Triangle Parcel. A portion of the Ellis Place right-of-way will be vacated. Who to Contact if You Have Questions or Comments If you have any questions or would like to comment on the proposed action prior to the public hearing, please contact Brad Misner with the Community and Economic Development Department at (714) 738-6884 or send an email to Bradley.Misner@cityoffullerton.com. Where to Get More Information Project details may be found on the City website 72-hours prior to the public hearing at: www.cityoffullerton.com/agendas. Under “Upcoming Meetings,” click on the link to the Agenda for the corresponding Planning Commission date. The agenda contains links to the staff report and other informational materials for each agenda item as well as information on how to make oral public comment during the meeting. Planning Commission Action Items The Planning Commission will hold a public hearing to consider the following: 1) Major Site Plan (ZON-2022-0053) for review of the site improvements and compliance with the applicable development standards; 2) Conditional Use Permit (ZON-2022- 0054) to allow the sale of alcohol including beer, wine, and liquor, and to allow live entertainment and lounge uses; 3) Conditional Use Permit (ZON-2022-0055) to allow offsite parking at the Pomona/Chapman property located at 230 East Chapman Avenue; and 4) Street Vacation to vacate the public right to use a portion of Ellis Place. Si tiene preguntas en español, favor de llamar a Edgardo Caldera al (714) 773-5773. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. Should you require special accommodations to participate in a meeting, please contact Janet Ragland at Janet.Ragland@cityoffullerton.com or (714) 738-6598 at least 48 hours prior to the meeting to make arrangements. If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Fullerton at, or prior to, the public hearing. (Government Code 65009 (a)) FULLERTON PLANNING COMMISSION NOTICE OF PUBLIC HEARING Project Reference No.: PRJ2022-00004 The Fox Block Development Northeast Corner of Chapman Avenue and Harbor Boulevard Publ ic Notifica tion Sou rce s: E sri, A irb us DS, USGS , NGA , NAS A, CG IAR, N Robinso n, NCE AS, NL S, OS, NMA, Ge oda ta styrelsen, Rijkswatersta at, GSA , G eola nd , FEMA, Ad dr es s Po ints Pa rc els City Bo und ar y 10/11/20 22, 3:45 :4 5 PM 0 0.0 3 5 0.070.0 175 mi 0 0.06 0.1 20.0 3 km 1:2,25 7 Esri Community Map s Contrib ut ors, City o f An aheim, Cit y of Fullerton , Co un ty of Los Ang ele s, Califo rn ia St ate Pa rks, © Op en StreetMap , Micro soft , Esri, HE RE , Ga rmin, SafeG ra ph , Ge oTe chn olog ies, I nc, ME TI /NASA , USG S, B urea u o f L and Ma nag eme nt, EPA, NP S, US Cen sus B urea u, US DA | City of Fu lerton Publ ic Notifica tion Sou rce s: E sri, A irb us DS, USGS , NGA , NAS A, CG IAR, N Robinso n, NCE AS, NL S, OS, NMA, Ge oda ta styrelsen, Rijkswatersta at, GSA , G eola nd , FEMA, Ad dr es s Po ints Pa rc els City Bo und ar y 10/11/20 22, 3:54 :0 6 PM 0 0.0 3 5 0.070.0 175 mi 0 0.06 0.1 20.0 3 km 1:2,25 7 Esri Community Map s Contrib ut ors, City o f An aheim, Cit y of Fullerton , Co un ty of Los Ang ele s, Califo rn ia St ate Pa rks, © Op en StreetMap , Micro soft , Esri, HE RE , Ga rmin, SafeG ra ph , Ge oTe chn olog ies, I nc, ME TI /NASA , USG S, B urea u o f L and Ma nag eme nt, EPA, NP S, US Cen sus B urea u, US DA | City of Fu lerton