Resolution-PC 2015-049RESOLUTION NO. PC2015-049
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05689
AND VARIANCE NO. 2015-05023 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2013-00086)
(3 731 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2013-
05689 to permit a hydrogen fueling station at an existing service station and convenience market,
and (ii) Variance No. 2015-05023 to allow fewer parking spaces than required by the Anaheim
Municipal Code (the "Code") (collectively referred to herein as the "Proposed Project") for
premises located at 3731 East La Palma Avenue in the City of Anaheim, County of Orange, State
of California, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.5 acres in size and is currently
developed with a service station and convenience market. The Anaheim General Plan designates
the Property for Mixed Use, Non -Residential land uses. The Property is located in the Transit
Core Area (Development Area 4) of the Northeast Area Specific Plan Area and is subject to the
zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1
(SP 94-1) Zoning and Development Standards) of the Code. Automobile service stations, with
or without convenience markets, are permitted in the Transit Core Area subject to a conditional
use permit and the requirements of and Section 18.38.070 (Automobile Service Stations) of the
Code;
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on July 13, 2015 at 5:00 p.m. to hear and
consider evidence and testimony for and against the Proposed Project and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within those classes of projects (i.e., Class 1 —
Existing Facilities and Class 3 - New Construction or Conversion of Small Structures) which
involve negligible or no expansion of an existing use or, alternatively, the construction and
location of limited numbers of new, small facilities or structures; the installation of small new
equipment and facilities in small structures; and the conversion of existing small structures from
one use to another where only minor modifications are made in the exterior of the structure.
- I - PC2015-049
Pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of
Small Structures) of the CEQA Guidelines, therefore, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Conditional Use Permit No. 2013- 05689, does find
and determine the following:
1. The request for a conditional use permit to permit a "Hydrogen Fuel Service
Station" within an existing automobile service station in the Transit Core Area (Development
Area 4) of the Northeast Area Specific Plan, is an allowable primary use authorized by
Subsection .050 (Conditional Uses and Structures) of Section 18.120.090 (Land Use and
Development Standards — Transit Core Area (Development Area 4)) of the Code subject to a
conditional use permit and the zoning and development standards of Section 18.38.070
(Automobile Service Stations) of the Code.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with an automobile service station and there are a sufficient amount of
spaces in the parking lot to accommodate the parking demand for both businesses.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site is and will be consistent with typical service station uses.
5. The granting of Conditional Use Permit No. 2013-05689 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area.
WHEREAS, based upon the parking justification letter submitted by the applicant,
and observations made by staff, the Planning Commission does further find and determine that
the request for a variance for less parking than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(10 spaces required; 6 spaces proposed)
1. The variance, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use because the observations indicate that there are enough
parking spaces to accommodate this request;
- 2 - PC2015-049
2. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because the on-site parking will adequately accommodate the peak parking
demands of the proposed service station;
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use because the on-site parking for the service station will adequately accommodate
peak parking demands of the use on the site;
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the Property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
commercial Property.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013-05689 and Variance No. 2015-05023, contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference, which are hereby found to be a necessary prerequisite to
the proposed use of the Property under Conditional Use Permit No. 2013-05689 and Variance
No. 2015-05023 in order to preserve the health, safety and general welfare of the citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of
approval may be amended by the Planning Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the condition, (ii)
the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
-3 - PC2015-049
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 13, 2015. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
/7�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2015-049
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 13, 2015 by the following vote of the members
thereof:
AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of July, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2015-049
EXHIBIT "A"
DEV NO. 2013-00086
APN: 345-173-18
E EAGLE DR
E MELVILLE WAY
W
Q
_z
N
V tV I'
a z
14 7' L L
E LA PALMA AVE
E LA PALMA AVE
W
Q
z
r �
N
z f-
a
z
0
x
NJ FFERSONFROITAGERD
I
OC Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
- 6 - PC2015-049
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05689 AND
VARIANCE NO. 2015-05023
(DEV2013-00086)
- 7 - PC2015-049
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1'
No automobile repair is permitted on the property. Any automobile
Planning & Building
repair shall be subject to approval of a subsequent conditional use
Department, Planning
permit.
Services Division
2.
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with the Electrical Engineering
Electrical
Division of the Public Utilities Department to establish electrical
Engineering
service requirements and submit electric system plans, electrical
panel drawings, site plans, elevation plans, and related technical
drawings and specifications.
3.
Prior to connection of electrical service, the legal owner shall
Public Utilities,
provide to the City of Anaheim a Public Utilities easement with
Electrical
dimensions as shown on the approved utility service plan.
Engineering
4.
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical
Engineering
5.
That all existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water service
Water Engineering
and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or, alternatively, abandoned
if the existing service is no longer needed. The owner/developer
shall be responsible for the costs to upgrade or to abandon any water
service or fire line. All requests for new water services or fire lines,
as well as any modifications, relocations, or abandonments of
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through the Water Engineering Division
of the Anaheim Public Utilities Department.
6.
Any graffiti painted or marked upon the premises or on any adjacent
Planning & Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
Division
- 7 - PC2015-049
- 8 - PC2015-049
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7.
Adequate lighting of parking lots, passageways, recesses and Bounds
Police Department,
contiguous to buildings shall be provided with lighting of sufficient
Planning & Research
wattage to provide adequate illumination to make clearly visible the
Unit
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all persons,
property, and vehicles on-site.
GENERAL CONDITIONS OFAPPROVAL
8.
The property owner shall record an unsubordinated covenant,
Planning & Building
satisfactory to the Planning Director and City Attorney, agreeing to
Department, Planning
remove all structures, including underground storage tanks, in the
Services Division
event that the station is closed for a period of twelve consecutive
months. A service station shall be considered closed during any
month in which it is open for less than fifteen days. This covenant
shall be recorded against the property prior to the issuance of any
building permits.
9.
The Applicant shall defend indemnify, fy, and hold harmless the City
Planning &Building
and its officials, officers, employees and agents (collectively
Department, Planning
referred to individually and collectively as "Indemnitees") from any
Services Division
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
10.
The applicant is responsible for paying all charges related to the
Planning & Building
processing of this discretionary case application within 30 days of the
Department, Planning
issuance of the final invoice or prior to the issuance of building
Services Division
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
11.
The subject Property shall be developed substantially in accordance
Planning & Building
with plans and specifications submitted to the City of Anaheim by
Department, Planning
the petitioner and which plans are on file with the Planning
Services Division
Department, and as conditioned herein.
- 8 - PC2015-049