Resolution-PC 2021-019RESOLUTION NO. PC2021-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2020-06087, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2020-00211)
(1100 NORTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2020-
06087 to permit a hydrogen fuel dispenser and associated equipment at an existing automotive -service
station ("Proposed Project") at that certain real property located at 1100 North Euclid Street in the City
of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto
and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, approximately 0.49 -acres in size, is currently developed with an
automotive service station, convenience store, and automotive repair bay. The Property is located within
the "General Commercial" land use designation of the Anaheim General Plan. The Property is also
located in the "C -G" General Commercial Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-25-20
issued on March 12, 2020), which allows a local legislative body to hold public meetings via
teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all
members of the public seeking to observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing, and in-person, public hearing at the Civic Center in the City of Anaheim on May 24,
2021, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in
accordance with the provisions of Chapter 18.60 of the Code, 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 (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
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WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which
consists of construction and location of limited numbers of new, small facilities or structures, and that,
therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions of
CEQA; and
WHEREAS, this 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. 2020-06087, does find and determine the
following:
1) That the proposed use is properly one for which a conditional use permit is authorized by
the Code which allows a service station in the General Commercial (C -G) Zone subject to approval of a
conditional use permit pursuant to Section 18.08.030 of the Code.
2) That the proposed use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located because the Proposed Project will continue
the existing service station use with the addition of one new hydrogen fuel pump and associated
equipment that would not create any adverse noise impacts, and the Proposed Project is compatible with
the scale, mass, bulk, and orientation of existing buildings in the surrounding area.
3) That the size and shape of the site is adequate to allow the full development of the
Proposed Project, in a manner not detrimental to either the particular area or health and safety because
the Proposed Project is designed to ensure vehicle circulation that is compatible with the adjacent
commercial uses and therefore is not anticipated to adversely affect development of the area.
4) That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the traffic generated
by this use will not exceed the anticipated volumes of traffic on the surrounding street.
5) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the health and safety of the citizens of the City of Anaheim because the impact
upon the surrounding area has been minimized to the extent practicable as the site development standards
proposed for the Proposed Project are consistent with the development standards of the "C -G" General
Commercial zone; and
WHEREAS, this 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 negate the findings made in this
Resolution. This Planning Commission expressly declares that it considered all evidence presented and
reached these findings after due consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning
Commission does hereby approve Conditional Use Permit No. 2020-06087, 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 that portion of
the Property for which Conditional Use Permit No. 2020-06087 is applicable 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.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 24, 2021. 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.
CH PERSON PRO -TE ORE, PLANNING COMMISSION
OF THE CITY OF ANAHE
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ATTEST:
- � w
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Simonne Fannin, 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 May 24, 2021, by the following vote of the members
thereof-
AYES:
hereof
AYES: COMMISSIONERS: KRING, MEEKS, MULLEADY,
PEREZ, VADODARIA, WHITE
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: KEYS
IN WITNESS WHEREOF, I have hereunto set my hand this 24h day of May, 2021.
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2020-06087,
(DEV2020-00211)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OF A B UILDINNG PERMIT
1
A Right of Way Construction Permit shall be obtained by the applicant
Public Works
from the Development Services Division for all work performed in the
Department,
public right-of-way.
Development Services
Division
2
The applicant shall provide building plans showing conformance with
Public Works
the current version of Engineering Standard Detail 115-B pertaining to
Department,
driveway design, sight distance visibility for signs, landscaping, and
Development Services
fence/wall locations and pertaining to commercial driveway radii,
Division
subject to the approval of the City Engineer.
3
If the project requires a new or upgraded electric meter service, the
Public Utilities
applicant shall contact APU Electrical Engineering (Jonathan Corcio,
Department,
jcorcio a)anaheim.net, 714-765-4212) to plan for service.
Electrical Engineering
Division
4
All plans and permit requests shall be submitted by the applicant to the
Anaheim Fire &
Planning and Building Department and Anaheim Fire & Rescue
Rescue Department
Department and shall follow all applicable codes and standards;
specifically 2019 California Building Code, 2019 California Fire Code,
and NFPA 2.
5
The applicant shall provide plans that show traffic bollards capable of
Anaheim Police
stopping a moving vehicle. Said bollards shall be evenly spaced to
Department
protect the new hydrogen pumps and shall be maintained by the property
owner/business operator for the duration of the use.
6
The applicant shall provide plans showing proposed above -ground
Planning and Building
utilities relocated outside the required street setback.
Department,
Planning Services
Division
7
The applicant shall provide plans showing the proposed fuel spanner to
Planning and Building
be no wider than 13 -feet and in compliance with all other requirements
Department,
specified in Anaheim Municipal Code Chapter 18.44.120
Planning Services
Division
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PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
8
The property owner shall complete all construction inspections for
Anaheim Fire & Rescue
building and fire permits prior to dispensing of hydrogen fuel.
Department
9
The property owner/business operator shall install closed circuit
Anaheim Police
television (CCTV) security camera system, with coverage of the new
Department
hydrogen dispenser and point-of-sale area. Said CCTV shall be
maintained for the duration of the use.
OPERATIONAL CONDITIONS
10
Ongoing during project operations, the property owner and business
Public Works
operator shall ensure that vehicle deliveries, including loading and
Department,
unloading, shall be performed on site, and that delivery vehicles shall
Traffic Engineering
not block any part of the public right of way.
1 I
Ongoing during project operations, the property owner and business
Public Works
operator shall ensure that fuel deliveries shall be performed on site, and
Department,
fuel delivery vehicles shall not block any part of the public right of way.
Traffic Engineering
12
Ongoing during project operations, fuel track and hydrogen delivery
Public Works
truck access shall be from Euclid Street.
Department,
Traffic Engineering
13
All new landscaping shall be installed in conformance with Chapter
Planning and Building
18.46 "Landscape and Screening" of the Anaheim Municipal Code and
Department,
shall be maintained in perpetuity. Landscaping shall be replaced in a
PIanning Services
timely manner in the event that it is removed, damaged, diseased and/or
Division
dead.
14
The Planning and Building Director may require the applicant to provide
Planning and Building
an acoustical analysis within 30 days of any noise complaint filed with
Department,
the City. In the event that the acoustical analysis determines that noise
Planning Services
levels are in excess of those allowed by the Anaheim Municipal Code
Division
(AMC), the applicant shall implement sound attenuation measures to
achieve compliance with the AMC, and to the satisfaction of the
Planning and Building Director.
GENERAL
15
The property owner shall not commence construction until all applicably;
Anaheim Fire & Rescue
permits are obtained.
Department
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16
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
Division
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.
17
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of approval of this application.
18
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department.
Planning Services
Division
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