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Notice of Intent to Sue Received for Hermosa Project Following CEQA Appeal Period Deadline
During the staff and commission communications, it was mentioned that the Hermosa project received a notice of intent to sue from neighbors organized as the Friends of Hermosa Association, who hired an attorney. This notice was served on the last day of the 35-day appeal period for CEQA actions. The attorney is the same one who previously sent a letter regarding non-compliance with the housing element. The city attorney's office is reviewing the notice.
Project Updates: Atlas Fullerton Progresses, Provecho Project Shelved, Retail Interest Stalls
The Planning Commission received an update on current projects. Atlas Fullerton is progressing well, with the third level deck for the parking structure being poured, despite some initial issues with tracking dirt onto streets, which have since been resolved. The Provecho project, which involved plans for a gas station, is no longer being pursued by the owner, and the property will likely be kept as is with no new plans presented at this time. Regarding potential new businesses, the economic development manager is working with potential uses for vacant sites, including discussions with Trader Joe's, though their specific requirements have not yet been met. There is no movement on the Eastside Target project, as Target's lease dictates terms for the site. Interest in a hotel/residence at the transportation center is being reviewed by the director regarding development agreement points and available options.
New Brown Act Rules and Remote Participation Policies Explained to Planning Commission
The City Clerk, Lucinda Williams, provided an overview of the new Brown Act rules, primarily stemming from Senate Bill 707. These updates, effective January 1st and July 1st of the current year, aim to modernize teleconferencing rules, expand public access, and clarify procedures for remote participation. The changes ensure that remote participation is available through 2030 and introduce a technology disruption policy. The presentation also touched upon social media interaction guidelines to prevent illegal meetings and language access requirements, although the latter might be subject to change. Williams emphasized that while some provisions apply specifically to the City Council, many extend to boards and commissions, including this Planning Commission. She also mentioned updated rules of procedure and the requirement for an additional financial training (SB 827) for commissioners, alongside existing ethics and harassment prevention training.
Fullerton Planning Commission Reviews Draft Environmental Justice Element Addressing Disadvantaged Communities
The Planning Commission received a study session presentation on the City of Fullerton's Environmental Justice (EJ) element, a required component of the general plan under Senate Bill 1000. The element aims to address environmental inequities and health risks in disadvantaged communities. Staff, along with consultant Michael Baker International, identified nine census tracts as disadvantaged communities based on the CalEnviroScreen 4.0 score, which considers pollution burden and population characteristics. Historical land use decisions and housing policies have contributed to these disparities, particularly in the northern industrial corridor, southwest, and southeast areas of the city. The draft EJ element includes eight goals focused on air quality, water quality, climate resilience, public facilities, parks and active transport, healthy food access, safe homes, and civic engagement. The presentation also highlighted how other California cities have implemented EJ elements and discussed how these policies will inform future planning decisions, CEQA review, and project conditions. Community input has focused on tree planting, park expansion, noise pollution, renewable energy, waste reduction, infrastructure funding, and traffic concerns. Commissioners discussed the importance of these identified areas, specific policy gaps such as food deserts and noise mitigation, accountability measures, and the need for improved communication about city progress. They also raised questions about how EJ findings should inform other planning efforts like the housing element and downtown focus area, tribal perspectives, and zoning adjustments.
ADU Plans Nearing Completion; Broader Affordability Study Session Planned
Updates were provided on two key community development initiatives. The pre-approved Accessory Dwelling Unit (ADU) plans are nearing completion, with staff currently plan-checking them to ensure compliance with building codes. These plans are expected to be available for public use by mid-August. Additionally, there is an upcoming discussion planned regarding housing affordability, encompassing not only housing costs but also broader economic affordability, food deserts, and rent and utility costs, as requested by Commissioner Oscar. This broader affordability discussion will likely be scheduled as a study session.
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