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Planning commission upholds denial of Western Rosa housing project, 3-2
Summary
The Fullerton Voluntary Planning Commission on March 11 approved resolutions denying the Western Rosa housing project, citing traffic and safety findings included in staff materials; the decision is appealable to city council and carries a 60‑day council appeal window under municipal code.
The Voluntary Planning Commission voted March 11 to adopt resolutions denying the Western Rosa housing project, completing the commission’s prior vote on the item and preserving the findings on traffic and safety included in the packet.
During public comment two speakers urged the commission to reopen the closed hearing and approve the development, arguing the project qualifies as a builder’s‑remedy application that can be denied only for demonstrated health or safety impacts. “This is a builder’s remedy project. You can only deny it if there is a health or safety risk that is being caused by the development,” a speaker told commissioners. Planning staff and the city attorney repeatedly noted that reopening the public hearing would require a majority vote and that comments made without reopening would not become part of the administrative (judicial) record.
Commissioners debated whether to reopen the hearing so additional evidence or conditions could be considered. Commissioner Tudor moved to reopen the hearing; Vice Chair Dino seconded, but the motion failed on a roll call vote. The commission then considered two resolutions drafted after the prior meeting that incorporate the commission’s findings related to traffic and pedestrian safety. Staff reiterated that its recommendation was to approve the project but that the resolutions before the commission reflected the commission’s prior direction and incorporated the findings supporting denial. The denial motion passed on roll call; the commission chair and staff read appeal procedures at the meeting.
Under the municipal code read at the meeting, a planning commission decision becomes final and effective 10 working days after the decision unless an appeal is filed in writing. Separately, staff said any appeal to city council would be scheduled within 60 calendar days after the applicant files the appeal.
The denial leaves open the prospect of an appeal to city council. Planning staff said they could present recommended language on traffic and pedestrian‑safety measures to the council if council chooses to take up the matter. The commission did not reopen the public hearing at the March 11 meeting.
