Loading...
PC 2015/07/13 City of Anaheim Planning Commission Agenda Monday, July 13, 2015 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: John Seymour • Chairman Pro-Tempore: Michelle Lieberman • Commissioners: Paul Bostwick, Mitchell Caldwell, Bill Dalati, Grant Henninger, Victoria Ramirez • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Items of Public Interest Oath or Affirmation of Allegiance: Swearing in of Planning Commissioner Grant Henninger Swearing in of Planning Commissioner Michelle Lieberman (Re-appointment) • Appointments New Planning Commission Chairman and Chairman Pro-Tempore • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, July 9, 2015, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 07/13/15 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions 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 a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Items of Public Interest: Oath or Affirmation of Allegiance: Planning Commissioner – Grant Henninger Oath of Affirmation of Allegiance: Planning Commissioner – Michelle Lieberman (Re-appointment) Planning Commission Appointments: Appointment of a Planning Commission Chairman (Motion) Appointment of a Planning Commission Chairman Pro-Tempore (Motion) Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 07/13/15 Page 3 of 4 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2015-05801 VARIANCE NO. 2015-05019 (DEV2015-00049) Location: 5140 East La Palma Avenue, #105 Request: To permit a physical fitness facility within an existing industrial and office complex with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Staff Report New Correspondence Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2013-05689 VARIANCE NO. 2015-05023 (DEV2013-00086) Location: 3731 East La Palma Avenue Request: To permit a hydrogen fueling station at an existing service station and convenience store with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) Categorical Exemption. Staff Report New Correspondence Project Planner: Scott Koehm skoehm@anaheim.net Adjourn to Monday, July 27, 2015 at 5:00 p.m. 07/13/15 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3:00 p.m. July 8, 2015 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. 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. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: JULY 13, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05801 AND VARIANCE NO. 2015-05019 LOCATION: 5140 East La Palma Avenue, No. 105 (Precision Fitness) APPLICANT/PROPERTY OWNER: The applicant is Michael Salerno with Precision Fitness and the property owner is Anaheim Hills Enterprises. REQUEST: The applicant is requesting approval of a conditional use permit to retain a physical fitness facility within an existing industrial and office complex. The applicant also requests a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2015-05801 and Variance No. 2015-05019. BACKGROUND: This 6.8-acre property is developed with an industrial and office complex and is located in the Northeast Area Specific Plan, Development Area 2 - Expanded Industrial Area (SP94-1, DA2). The intent of this development area is to “provide increased opportunity for the development of a mix of light industrial and corporate headquarters, research and development uses, with essential support services at strategic locations.” The property is also located within the Scenic Corridor Overlay zone. The General Plan designates this property for Low Intensity Office uses. Surrounding land uses include industrial uses the east and west, an office complex to the north, across La Palma Avenue, and the Santa Ana River to the south. This application was filed in response to a Code Enforcement complaint received regarding this business operating without the proper permits. CONDITIONAL USE PERMIT NO. 2015-05801 VARIANCE NO. 2015-05019 July 13, 2015 Page 2 of 4 PROPOSAL: The applicant proposes to permit and retain a 1,100 square foot physical fitness facility. No changes to the exterior of the building are proposed. Classes are held from 5:30 a.m. to 11:00 a.m. and from 4:00 p.m. to 7:00 p.m., Monday through Friday. Weekend classes take place on Saturdays from 7:00 a.m. to 11:00 a.m. Personal training is the type of fitness offered at this facility and the typical class size would be two to three participants with one certified trainer. Training sessions are offered by appointment only and all activity would take place indoors. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this 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; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 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; and 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. A conditional use permit is required to permit physical fitness facilities in this zone in order to determine compatibility with the surrounding area. Staff believes that the proposed use would be compatible with the other businesses located within this complex. This physical fitness business previously operated at 412 North Lakeview Avenue for 18 years without any Code Enforcement violations or complaints from surrounding property owners. With the conditions imposed, such as restricting operations to those outlined in the attached Letter of Request and limiting the class size to a maximum of five participants, the establishment of this use would not impact the operations or opportunities for expansion of other nearby office and industrial businesses, nor would the use be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2015-05801 VARIANCE NO. 2015-05019 July 13, 2015 Page 3 of 4 Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 1) That the variance, under the conditions imposed, if any, 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; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Zoning Code requires that parking demand be calculated by combining the needs of the physical fitness facility and the industrial and office uses on the property. The entire complex requires a total of 466 parking spaces; six are required for the fitness facility and 460 spaces are required for the industrial and office uses. The property contains a total of 374 parking spaces. Staff has made several visits to this property since the submittal of this application and observed that there is adequate parking available on the property and there is no evidence of parking impacts from this site on adjacent streets or properties. Staff also conducted two parking surveys and observed that a maximum of 216 spaces were occupied on the site. These surveys were conducted on Monday morning at 11:00 a.m. and Tuesday afternoon at 4:30 p.m. Because the fitness facility has only one employee and a maximum of three customers, and because customers of the business visit the property by appointment only, staff believes that the number of parking spaces on-site would be adequate to accommodate the proposed business and without impact to the surrounding public streets or properties. CONDITIONAL USE PERMIT NO. 2015-05801 VARIANCE NO. 2015-05019 July 13, 2015 Page 4 of 4 CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed physical fitness business is compatible with the industrial, office and commercial uses in the surrounding area. The number of parking spaces provided is adequate to accommodate the fitness facility based upon staff’s observations of the site during the peak weekday hours. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Letter of Request 3. Photographs 4. Plans SP 94-1 (SC)DA2INDUSTRIAL T (SC)SANTA ANA RIVER T (SC)SANTA ANA RIVER T (SC)SANTA ANA RIVER SP 94-1 (SC)DA2ANAHEIM HILLSBUSINESS COURT SP 94-1 (SC)DA2INDUSTRIALSP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2NBTYMANUFACTURING N K E L L O G G D R E LA PALMA AVE E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V IE W A VE E. SANTA ANA CANYON RD E. ORANGETHORPE AVE E . R I V E R D A L E A V E S . R I C H F I E L D R D 5150 East La Palma Avenue DEV No. 2015-00049 Subject Property APN: 346-442-02 °0 50 100 Feet Aerial Photo:May 2014 N K E L L O G G D R E LA PALMA AVE E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V IE W A VE E. SANTA ANA CANYON RD E. ORANGETHORPE AVE E . R I V E R D A L E A V E S . R I C H F I E L D R D 5150 East La Palma Avenue DEV No. 2015-00049 Subject Property APN: 346-442-02 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05801 AND VARIANCE NO. 2015-05019 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00049) (5140 EAST LA PALMA AVENUE, SUITE NO. 105) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05801 to permit a physical fitness facility, and (ii) Variance No. 2015-05019 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 5140 East La Palma Avenue, No. 105 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 6.8 acres in size and is currently developed with an industrial and office complex. The Property is located in the Expanded Industrial Area (Development Area 2) 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, combinded with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial Zone. The Anaheim General Plan designates the Property for Office-Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 13, 2015 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05801 and Varaince No. 2015-05019, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2015-*** 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. 2015- 05801, does find and determine the following: 1. The proposed request to permit a physical fitness facility within an existing industrial and office complex is properly one for which a conditional use permit is authorized under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial Zone) as "Dance & Fitness Studios-Small", as referenced in paragraph .0402 of subsection .040 of Section No. 18.10.030 (Uses) of the Code. 2. The proposed conditional use permit to permit a physical fitness facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the physical fitness facility would be located within an existing building surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the physical fitness facility in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial and office building that is surrounded by industrial and office uses. 4. The traffic generated by the physical fitness facility 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 streets and adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding office and industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the number of off-street parking spaces required under the Code for the proposed fitness facility (i.e., 6), when added to the total number of such parking spaces required by the Code (i.e., 466) and the total number of such spaces that exist at the Property (i.e., 374), represents a small or de minimis increase. Nevertheless, because the number of parking spaces required by the Code for all uses, including the Proposed Project, is less than the actual number of parking spaces that exist, a variance must be approved for the Property; and WHEREAS, based upon the request 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. (466 spaces required; 374 spaces proposed) - 3 - PC2015-*** 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed fitness facility, than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. With respect to the other industrial and office complex uses, the observations made by staff indicate that the number of parking spaces needed and used therefor are less than the number of spaces that exist, let alone the minimum number of spaces required by the Code; 2. That the variance for the Property, 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 all combined uses on the site; 3. That the variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the industrial and office complex, including the proposed physical fitness facility, will adequately accommodate peak parking demands of all uses on the site; 4. That the variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. That the variance for the Property, 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 Property because the Property 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 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. - 4 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05801 and Variance No. 2015-05019, 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 Variance No. 2015-05019 and Conditional Use Permit No. 2015-05801 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. 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: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05801 VARIANCE NO. 2015-05019 (DEV2015-00049) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning & Building Department, Code Enforcement Division 2. There shall be no outdoor fitness activities or storage of physical fitness equipment. Planning & Building Department, Planning Services Division 3. The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning & Building Department, Planning Services Division 4. Physical fitness classes shall have a maximum of five participants at any time. Planning & Building Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 5. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any 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. Planning & Building Department, Planning Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building 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. Planning & Building Department, Planning Services Division 7. The premises of the fitness facility shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: JULY 13, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05689 AND VARIANCE NO. 2015-05023 LOCATION: 3731 East La Palma Avenue (La Palma Gas Station) APPLICANT/PROPERTY OWNER: The applicant is Jeff Schlosser, representing Air Liquide Industrial US LP and the property owner is Muhammad Shakeel. REQUEST: The applicant is requesting a conditional use permit to permit a hydrogen fueling station at an existing gasoline service station with fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is within those classes of projects (i.e., Class 1, Existing Facilities and Class 3, New Construction or Conversion of Small Structures) that are categorically exempt from the California Environmental Quality Act and approving Conditional Use Permit No. 2013-05689 and Variance No. 2015-05023. BACKGROUND: This 0.5-acre property is located in the Transit Core Area (Development Area 4) of the Northeast Area Specific Plan Area. The Transit Core Area is "intended to provide for and encourage the development of business and professional office uses, including offices and corporate headquarters, and retail uses, and further, to recognize the unique development potential offered by a commuter rail station." Automobile service stations, with or without convenience markets, are permitted in the Transit Core Area subject to a conditional use permit. The Property is designated for Non-Residential Mixed-Use land uses in the General Plan. The Non-Residential Mixed-Use designation is designed to encourage a mix of commercial and office uses, but prohibit residential uses in areas where they would be incompatible with surrounding land uses. The Property is developed with a service station and a 1,800 square foot convenience market building. Surrounding uses include industrial uses to the north and west, offices to the east across Tustin Avenue, and a retail center to the south across La Palma Avenue. PROPOSAL: The applicant proposes to construct a hydrogen fueling station at an existing service station. The existing service station has three fuel dispenser islands under two canopies and a small convenience market building. The hydrogen CONDITIONAL USE PERMIT NO. 2013-05689 AND VARIANCE NO. 2015-05023 July 13, 2015 Page 2 of 3 dispenser and equipment is proposed at the northwest corner of the property behind the convenience market. The proposed fueling station would consist of one dispenser under a new small canopy with the hydrogen equipment stored behind new eight foot high steel and block wall fencing and gates. Hydrogen fuel customers would dispense hydrogen from this pump in similar manner as a gasoline pump. The applicant estimates that there will be approximately 20 vehicles using the hydrogen pump daily. The hydrogen system includes safety measures such as fire protection walls, fire and gas detection systems, emergency shutdown switches, State-approved storage containers, leak proof dispensing equipment, and proper ventilation. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission grants a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); 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; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 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; and 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. A conditional use permit is required for automobile service stations in the Transit Core Area (Development Area 4) of the Northeast Area Specific Plan Area to determine compatibility with surrounding land uses. This property has been developed with a service station for several years. The station provides a valuable service to the surrounding community and has operated in a manner that is compatible with the adjacent area. This facility would be the first of its kind in the City. As a result, staff took extraordinary care to ensure that the facility was designed in manner that would be compatible with the surrounding area. The site has been carefully designed to accommodate hydrogen delivery trucks and the estimated 20 daily customers that would utilize the hydrogen filling station. The station design and operational plan was also carefully reviewed by the City’s Fire Department to ensure public safety. Staff recommends approval of the conditional use permit. Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: CONDITIONAL USE PERMIT NO. 2013-05689 AND VARIANCE NO. 2015-05023 July 13, 2015 Page 3 of 3 1) That the variance, under the conditions imposed, if any, 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; 2) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 3) That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; 4) That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 5) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The Zoning Code requires 10 parking spaces for the convenience market. The Zoning Code does not require additional parking spaces for the existing or proposed pump islands. The property would contain a total of 6 parking spaces once redesigned for the proposed use. Staff has made several visits to this property since the submittal of this application and observed that there is adequate parking available on the property during regular business hours and there is no evidence of parking impacts from this site on adjacent streets or properties. The convenience market has only one employee and primarily serves the customers who are purchasing fuel whose vehicles are parked at the fueling dispensers. For these reasons and because the addition of a hydrogen fuel dispenser would not increase the need for more parking spaces, staff believes that the number of parking spaces on-site would be adequate to accommodate the service station without impact to the surrounding public streets or properties. CONCLUSION: The proposed hydrogen fueling station is consistent with the operation of the existing service station and would be compatible with the surrounding land uses. Parking is adequate to accommodate the proposed and existing uses on-site without detrimental impacts to surrounding streets or properties. Therefore, staff recommends approval of the conditional use permit and variance. Prepared by, Submitted by, G. Scott Koehm Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Letter of Operation and Justification 3. Parking Justification Letter 4. Plans 5. Site Photographs DA4RAILROAD SP 94-1DA2OFFICES SP 94-1DA4AUTO REPAIR/SERVICE SP 94-1DA4INDUSTRIAL SP 94-1DA4INDUSTRIAL SP 94-1DA4RETAIL SP 94-1DA4INDUSTRIAL SP 94-1DA2CANYON GATEPLAZA SP 94-1DA2CANYON GATEPLAZA SP 94-1DA2INDUSTRIAL SP 94-1DA2INDUSTRIAL SP 94-1DA4SERVICE STATION SP 88-3DA1PACIFICCENTER SP 88-3DA1PACIFICCENTER SP 88-3DA1PACIFICCENTER SP 88-3DA1PACIFICCENTER SP 94-1DA5OFFICES SP 94-1DA6O.C.F.C.D. SP 94-1DA5OFFICES N JEFFERSON FRONTAGE RDN PACIFICENTER DR E EAGLE DR N O S P R E Y C I R E MELVILLE WAY N T U S T I N A V E N T U S T I N A V E E LA PALMA AVE E LA PALMA AVE E . M I R A L O M A A V E N . T U S T I N A VE E.RI V E R DA L E A V E N . M I L L E R S T E. LA PALMA AVE N . K R A E M E R B L V D E . L A P A L M A A V E 3731 East La Palma Avenue DEV No. 2013-00086 Subject Property APN: 345-173-18 °0 50 100 Feet Aerial Photo:May 2014 N JEFFERSON FRONTAGE RDN PACIFICENTER DR E EAGLE DR N O S P R E Y C I R E MELVILLE WAY N T U S T I N A V E N T U S T I N A V E E LA PALMA AVE E LA PALMA AVE E . M I R A L O M A A V E N . T U S T I N A VE E.RI V E R DA L E A V E N . M I L L E R S T E. LA PALMA AVE N . K R A E M E R B L V D E . L A P A L M A A V E 3731 East La Palma Avenue DEV No. 2013-00086 Subject Property APN: 345-173-18 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** 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) (3731 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 - 2 - PC2015-*** one use to another where only minor modifications are made in the exterior of the structure. 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; - 3 - PC2015-*** 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. - 4 - PC2015-*** 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: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05689 AND VARIANCE NO. 2015-05023 (DEV2013-00086) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. No automobile repair is permitted on the property. Any automobile repair shall be subject to approval of a subsequent conditional use permit. Planning & Building Department, Planning Services Division 2. Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with the Electrical Engineering Division of the Public Utilities Department to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 3. Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 4. Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 5. That all existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service 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. Public Utilities, Water Engineering 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning & Building Department, Code Enforcement Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the 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. Police Department, Planning & Research Unit GENERAL CONDITIONS OF APPROVAL 8. The property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney, agreeing to remove all structures, including underground storage tanks, in the 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. Planning & Building Department, Planning Services Division 9. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any 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. Planning & Building Department, Planning Services Division 10. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building 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. Planning & Building Department, Planning Services Division 11. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division TM Justification for Conditional Use Permit 6/2/2015 City of Anaheim A Conditional Use Permit is requested for the existing 76® brand gasoline fueling Station located at 3731 La Palma Ave, Anaheim, CA 92806. The station was originally built in 1963 for the use of gasoline fueling and auto repair operations. The current site owner bought the station from Tosco Corporation in 2006 and is no longer performing auto repair work. In addition to selling gasoline, the original building has been converted into a convenience store. The repair bays have been converted into storage, and refrigeration space for the convenience store. The original automobile lifts have been removed. The .52 acres of land consists of 1,161 sq.ft. under roof. Along with the convenience store, the site holds two canopies with 6 gasoline dispensers along with 6 paved parking spots and associated landscaping. The site provides two types of unleaded gasoline (87 and premium 91) and diesel fuels to vehicles. The fuels are stored in 12,000 gallon underground storage tanks (UST) on the north side of the lot. In addition to the existing use, the owner of the site proposes the addition of an Air Liquide hydrogen automobile refueling station. Air Liquide is the world leader in the supply of industrial gases and has had many years of experience in supplying the technology needed to fill vehicles with hydrogen. Air Liquide has installed three hydrogen filling stations in California. Two of them are still in service, and one is being relocated. The two in service are in the cities of Los Angeles, near LAX airport, and in San Leandro, at a Coca-Cola bottling facility. In addition to these California stations, Air Liquide has installed and safely operated many filling stations in the US, Canada, Europe, and Asia. Air Liquide’s currently operating hydrogen refueling stations in the US that safely perform approx. 15,000 vehicle fills per month. Air Liquide has extensive commercial ties in the state of California, including numerous production facilities, multiple regional offices, and a large field service staff. The hydrogen equipment is being supplied from Air Liquide’s Hydrogen Energy Team based in Houston TX. Houston is the location of Air Liquide’s American Headquarters. ATTACHMENT NO. 2 TM The hydrogen refueling station will reside on a 2,100 sq ft section of land in the North West corner of the parking lot. The compression and storage equipment will be completely inaccessible to the public with the exception of the hydrogen dispenser. Access to the dispensers will be regulated, and dispensing into anything other than a leak tight vehicle is not possible. The enclosed equipment on site will include hydraulic piston compressors, which will take the low pressure hydrogen gas from a tube trailer source and compress it up to pressures of 5,000 and 10,000 psig; high and medium pressure buffer storage tanks for maintaining a steady flow of gas to the customers; a hydrogen after- cooler to prevent the product from overheating during vehicle fills; and the utilities to power and operate the system. The whole system will have all the proper safety mitigations installed including 2-hour fire protection walls, fire and gas detection systems, emergency shutdown switches, SAE J2601 filling protocols, and proper ventilation. Air Liquide always designs our equipment to meet or exceed the most stringent hydrogen codes in the US, the 2011 version of NFPA – 2, and only uses components rated for use in hydrogen atmospheres by UL, FM, or the equivalent. The following are justifications for the use of the non-conforming gasoline/convenient store and the new Air Liquide project. A) Affects on adjoining areas a. The existing uses do not adversely affect the adjoining land uses or the growth and development of the area. This site has been operating as a gasoline station over 40 years without any serious complaints from the surrounding businesses or community. The site has already made many accommodations for the surrounding area’s growth including the surrendering of road frontage for the widening of Tustin Ave. b. The proposed project will not adversely affect the adjoining land uses because it is designed to be isolated from surrounding businesses. With safe and secure barriers around the project site (bollards, firewalls, etc) the proposed use will not negatively interfere with current surrounding businesses. It’s small footprint of 2,100 sq.ft. and the infrequency of tube trailer deliveries at the site leave the adjoining land the ability to grow without interference of the project. TM B) Accommodation of anticipated growth a. This project represents a natural growth path for the existing business. The addition of the H2 dispensing station will allow the site to service the existing automobiles on the road, as well as the next generation hydrogen fueled vehicles. b. The site proposed for the project’s use is large enough to accommodate anticipated growth by allocating enough room to add the necessary equipment for expansion. The proposed design will also have the ability to be easily modified for larger capacities at the site without increasing the footprint. All future expansions will not be a detriment to health or safety because it will be under the same safety requirements as the proposed project. C) Traffic generation considerations a. The current site does not currently add to traffic congestion. It is a natural requirement to have vehicle fueling stations on large local roads, and the fact that this station is close to highway exits allows cars to fill with minimal deviation from their path. The surrounding businesses and city developed around the station and added traffic to the area without any direct influence from the station. b. The traffic generated from this project will not impose an undue burden upon the roads in the area because the initial amount of vehicles will have an insignificant difference on current traffic density. A 100 kg/day hydrogen refueling station equates to approx. 20 vehicle fills/day. Air Liquide does not believe these vehicles will be in addition to the current vehicles that fuel at the station. It is Air Liquide’s belief that as gasoline vehicle are phased out, and hydrogen is phases in, the aggregate numbers of vehicles on the road will remain the same. D) Health and Safety Concerns a. The history of regulatory compliance of this site shows that the approval of the Conditional Use Permit (CUP) will not harm the health and safety of the citizens of the City of Anaheim. The site has previously upgraded the first generation underground storage tanks (1989) and the gasoline dispensers (2001). During these upgrades some minor soil contamination was found, however soil remediation was not warranted and groundwater was determined not to be TM impacted. There have not been any environmental issues since these upgrades. Air Liquide commissioned Environmental Risk Management (ERM) to do an environmental site assessment in early 2013 and found only minimal concerns of environmental hazards at the site. Many concerns deal with the once-used auto repair service area and the potentially hazardous waste associated with it. However, since it has been out of operation since 2005, few if any issues would be expected. b. The new project will not harm the citizens of the city because all state, federal, and regulatory laws will be met in the design of the station. All potential safety risks will be properly identified and evaluated with adequate mitigation measures to ensure that the residents in the city will be protected. Hydrogen is a non-polluting, non-hydrocarbon fuel source that produces only water when utilized in a fuel cell. Accidental releases of hydrogen into the atmosphere are not considered toxic to the environment, nor are they contributors to smog or considered greenhouse gases. c. Air Liquide, in coordination with the California Fuel Cell Partnership is planning a multi level community outreach program to inform property neighbors, first responders, and interested community organizations about the environmental benefits of a hydrogen fueling station, and the inherent safety of our design. d. This station will be an important step on the path towards achieving the strict air pollution goals set for the State of California, and in achieving the goals of the California Zero Emission Vehicle Program.\ Jeff Schlosser Air Liquide Advance Technology US 713.402.2175 TM 4 Project Description Attachment 4.1 Executive Summary The goal of this project is to install a retail vehicle refueling station to dispense 100 kg/day of gaseous hydrogen to Zero Emission Fuel Cell Vehicles. This station will have the ability to fill between 20 and 30 vehicles per day. The system will be capable of delivering 350 or 700 bar (5,100 or 10,200 psi) hydrogen that is delivered to the site in DOT approved tube trailers, and compressed and stored on site until dispensed. The system will be placed at an existing gasoline station located in Anaheim, California and will meet all current state laws and regulations. The equipment that will be installed and maintained onsite are high pressure ASME buffer storage tubes, hydraulic hydrogen compressors, one vehicle dispenser, and the necessary utilities to operate the equipment. The start-up date is October 2015. 4.2 Solution - 4.2.1 Equipment Specification Table Vehicle Characteristics System Characteristics Design Name Type Vehicle Capacity (kg) Average H2 Delivered (kg) Filling Pressure (bar) Max Fueling Time (min) Temp at Nozzle (°C) Daily Capacity Per Day (kg) Source Pressure (bar) 350 FCV <7 kg 5-6 kg 350 3 -40 100 30-450 700 FCV <7 kg 5-6 kg 700 3 -40 100 30-450 Additional: 114 • SAE J2601Type A compliant • Nozzle: WEH model according to SAE J2600 • Data: Interface SAE TIR J2799 • Flame and Gas detectors • Emergency stop buttons • Automatic leak testing capability to insure dispensing only into approved, leak tight vehicles. 4.3 PFD 4.4 Layout of Equipment 4.5 Phases of Project The phases of the project will be the following: 1) Install equipment proposed above to establish initial market presence.Q3-Q4 2014. 2) Commission system Q3 2014. 3) Maintain operation of the system 2014-2018. This is the duration of our Air Liquid's initial lease. 4) Upgrade system to 200 kg/day through approved DOT higher pressure storage or adding additional buffered storage capacity if the market supports this technology. From:Bob Desautels To:Scott Koehm Cc:Dwight Zuck; Jeff Schlosser Subject:Parking Variance Request - 3731 East LaPalma Avenue Date:Tuesday, July 07, 2015 10:50:35 AM Mr. Scott Koehm Associate Planner Anaheim Planning Department Dear Scott, This letter is to request a variance to permit fewer parking spaces than are required by the Anaheim MunicipalCode for a proposed hydrogen station in conjunction with an existing automobile service station andconvenience market. The Code requires 10 spaces and 6 spaces are proposed at the service station and convenience market. Webelieve that 6 spaces are adequate to serve the hydrogen and gasoline service stations as well as theconvenience market as the addition of the hydrogen fueling dispenser will not create a need for additionalparking spaces. The existing service station has been operating with 6 spaces and the majority of theconvenience market customers are gasoline customers using the dispensers. Additionally, there is only oneemployee for the convenience market at any time. For these reasons we believe that the demand for parking spaces will not exceed the 6 spaces provided onsite. Sincerely, Air Liquide Advanced Technologies -- Bob Desautels PE, GCPrincipal, Golden State EPC, Inc. 925-984-3468 ATTACHMENT NO. 3 TITLE S H E E T The proposed hydrogen refuel i n g s t a t i o n w i l l p r o v i d e u p t o 1 0 0 K g / d a y c a p a c i t y f o r r e f u e l i n g F u e l C e l l E l e c t r i c V e h i c l e s ( F C E V ) , w i t h a f u t u r e e x p a n d e d c a p a c i t y o f u p t o 1 8 0 K g / d a y s . T h e h y d r o g e n s y s t e m c o n s i s t s o f c o m p r e s s i o n e q u i p m e n t ( C 1 0 0 ) , s t o r a g e b u f f e r s a n d hydrogen fuel dispenser, whic h i s s i m i l a r t o a g a s o l i n e d i s p e n s e r . T h e s t a t i o n u s e s a n d s t o r e s g a s e o u s h y d r o g e n i n p r e s s u r e s r a n g i n g f r o m 1 8 0 B a r u p t o 9 5 0 B a r , a n d p r o v i d e s r e f u e l i n g f o r v e h i c l e s a t e i t h e r 3 5 0 B a r a n d 7 0 0 B a r p r e s s u r e s . C100 Unit and Buffer Descri p t i o n : A i r L i q u i d e ' s m o d u l a r “ C 1 0 0 ” e q u i p m e n t s k i d s t o r e s a n d p r e s s u r i z e s g a s e o u s h y d r o g e n i n a s m a l l f o o t p r i n t . G a s e o u s h y d r o g e n i s s u p p l i e d t o t h e s k i d b y a D O T a p p r o v e d t u b e t r a i l e r . T h e g a s i s c a s c a d e d e l i v e r e d i n t o a b o v e g r o u n d storage vessels at 180 Bar pre s s u r e , w i t h a m a x i m u m s t o r a g e c a p a c i t y o f a p p r o x i m a t e l y 3 9 K g o f H y d r o g e n . A m e d i u m p r e s s u r e c o m p r e s s o r i s u s e d t o b o o s t t h e p r e s s u r e o f t h e g a s t o m a i n t a i n a c o n s t a n t i n v e n t o r y o f 4 2 K g o f h y d r o g e n i n t h e m e d i u m p r e s s u r e b u f f e r a t a pressure of 450 Bar. From t h i s b u f f e r , t h e s y s t e m c a n s u p p l y h y d r o g e n g a s a t 3 5 0 B a r t o v e h i c l e s d i r e c t l y . T h e m e d i u m p r e s s u r e b u f f e r ' s p u r p o s e i s t o s t o r e a s u f f i c i e n t v o l u m e o f h y d r o g e n g a s a t a p r e s s u r e h i g h e n o u g h t o a s s u r e t h a t t h e f l o w r a t e a t t h e 3 5 0 B a r d i s p e n s e r conforms to industry standard s f o r r a p i d f u e l i n g , a n d t o p r o v i d e a s o u r c e o f m e d i u m p r e s s u r e g a s t o s u p p l y t h e h i g h p r e s s u r e c o m p r e s s o r . A h i g h p r e s s u r e c o m p r e s s o r i s u s e d t o m a i n t a i n a n i n v e n t o r y o f u p t o 3 9 k g o f h y d r o g e n g a s i n t h e h i g h p r e s s u r e b u f f e r a t a p r e s s u r e o f 950 Bar. From this point, the s y s t e m c a n s u p p l y 7 0 0 B a r H y d r o g e n g a s d i r e c t l y t o v e h i c l e s . T h e h i g h p r e s s u r e b u f f e r ' s m a i n p u r p o s e i s t o m a i n t a i n a s u f f i c i e n t s u p p l y o f h y d r o g e n g a s t o f u e l F C E V ' s a t 7 0 0 B a r i n b e t w e e n c o m p r e s s o r c y c l e s . T h e t o t a l s t o r a g e c a p a c i t y o f t h C100 and its buffers is 120 Kg . Fuel Dispenser Description: T h e f u e l d i s p e n s e r s a f e l y a n d e f f i c i e n t l y d i s p e n s e s g a s e o u s h y d r o g e n t o F C E V ' s u s i n g t h e S A E J 2 6 0 1 h y d r o g e n f u e l i n g p r o t o c o l . T h e d i s p e n s e r i s s u p p l i e d w i t h r e l i e f v a l v e s , p r o c e s s v e n t s t a c k , m a n u a l s h u t o f f , f l a m e a n d g a s d e t e c t i o n , h o s e break away protection, and an e m e r g e n c y s t o p b u t t o n . T h e d i s p e n s e r a u t o m a t i c a l l y p e r f o r m s a s y s t e m l e a k t e s t p r i o r t o e a c h f i l l , t w i c e d u r i n g e a c h f i l l , a n d o n c e p e r d a y i n b e t w e e n f i l l s . I n t h e e v e n t o f a d e t e c t e d l e a k , t h e s y s t e m w i l l a u t o m a t i c a l l y s h u t d o w n a n d s e n d a signal for maintenance service . T h e d i s p e n s e r i n c l u d e s s i g n a g e t o a d d r e s s f i r e c o d e a n d N F P A r e q u i r e m e n t s . T h e d i s p e n s e r a l s o c o n t a i n s P o i n t o f S a l e ( P O S ) e q u i p m e n t , w h i c h a l l o w s u s e r s t o p a y f o r f u e l w i t h c r e d i t a n d d e b i t c a r d s . T h e d i s p e n s e r h a s a v i d e o s c r e e n w h i c h provides operational instructi o n s t o u s e r s d u r i n g t h e r e f u e l i n g p r o c e s s , a n d i t i s p r o g r a m m e d t o r e q u i r e f i r s t t i m e u s e r s t o v i e w a p r e - r e c o r d e d t r a i n i n g s e g m e n t o n d i s p e n s e r o p e r a t i o n s p r i o r t o i n i t i a t i n g r e f u e l i n g . ANAHEIM, CA. HY D R O G E N R E F U E L I N G S T A T I O N 3731 East La Palma A v e n u e Anaheim, CA. 92806VICINITY MAP:All work a n d m a t e r i a l s s h a l l b e p e r f o r m e d a n d i n s t a l l e d in accordan c e w i t h t h e c u r r e n t e d i t i o n s o f t h e f o l l o w i n g codes, as a d o p t e d b y t h e l o c a l g o v e r n i n g a u t h o r i t i e s . Nothing in t h e s e p l a n s i s t o b e c o n s t r u e d t o p e r m i t w o r k not confor m i n g t o t h e s e c o d e s : 1. Calif o r n i a A d m i n i s t r a t i v e C o d e , Incl u d i n g T i t l e 2 4 a n d 2 5 . 2. Calif o r n i a B u i l d i n g C o d e , 2 0 1 3 3. NFP A 2 , 2 0 1 1 4. NFP A 5 5 , 2 0 1 3 5. AS M E B 3 1 . 3 , 2 0 1 2 6. Calif o r n i a E l e c t r i c a l C o d e , 2 0 1 3 7. Calif o r n i a M e c h a n i c a l C o d e , 2 0 1 3 8. Oran g e C o u n t y O r d i n a n c e s 9. City o f A n a h e i m O r d i n a n c e s A p p l i c a n t : A i r L i q u i d e I n d u s t r i a l U S , L P 2 7 0 0 P o s t O a k B l v d . H o u s t o n T X 7 7 0 5 6 C o n t a c t : M r . J e f f S c h l o s s e r ( 7 1 3 ) 4 0 2 - 2 1 7 5 j e f f . s c h l o s s e r @ a i r l i q u i d e . c o m C o n t a c t : M r . D w i g h t Z u c k ( 9 1 6 ) 4 7 5 - 3 1 7 5 d w i g h t . z u c k @ a i r l i q u i d e . c o m O w n e r : M r . M u h a m m e d S h a k e e l 3 7 3 1 L a P a l m a A v e n u e A n a h e i m , C A 9 2 8 0 6 ( 7 1 4 ) 3 0 6 - 4 1 0 4 s h a k e e l m @ h o t m a i l . c o m D e s i g n E n g i n e e r : G o l d e n S t a t e E P C , I n c 2 7 3 0 O a k R o a d # 5 W a l n u t C r e e k , C A 9 4 5 9 7 C o n t a c t : M r . B o b D e s a u t e l s , P E ( 9 2 5 ) 9 8 4 - 3 4 6 8 r d e s a u t e l s @ e p c 4 h 2 . c o m C o n s t r u c t o r : H y d r o g e n F r o n t i e r 4 0 3 G a r d e n a B l v d , S u i t e B G a r d e n a , C A 9 0 2 4 8 C o n t a c t : M r . D a n P o p p e ( 9 5 1 ) 7 4 1 - 3 6 3 1 d p o p p e @ h 2 f r o n t i e r . c o m T - 1 T I T L E S H E E T C - 1 S I T E S U R V E Y A - 1 S I T E P L A N A - 2 E N L A R G E D S I T E P L A N A - 3 U T I L I T Y P L A N A - 4 G R A D I N G P L A N A - 5 E L E V A T I O N S L - 1 L A N D S C A P E P L A N S G - 1 S I G N P L A N T A - 1 T R U C K A C C E S S P L A N S H E E T I N D E X : SITE COD E C O M P L I A N C E : P R O J E C T T E A M : PROJECT D E S C R I P T I O N : A T T A C H M E N T N O . 4 SITE S U R V E Y SITE P L A N ENLARGED S I T E P L A N UTILITY P L A N GRADIN G P L A N ELEVA T I O N S DET A I L S LANDSCA P E P L A N SIGN P L A N TRUCK AC C E S S P L A N ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.