RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, denying an appeal and upholding the planning commission approval of a conditional use permit to allow an automobile service station on property zoned G-c, General Commercial, located at 312 north Euclid Street ZON-2023-0015
APPLICANT: ralph kim
PROPERTY OWNER: trifecta property investments
WHEREAS the applicant filed for a Conditional Use Permit to allow an automobile service station on property located at 312 North Euclid Street, more specifically described as Orange County Assessor’s Parcel No. 031-221-02, 031-221-03, 031-221-21.
WHEREAS the Planning Commission of the City of Fullerton held a duly noticed public hearing for ZON-2023-0015 in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76.
WHEREAS the Planning Commission approved the request for a Conditional Use Permit.
WHEREAS an appeal of the decision by the Planning Commission to City Council was filed pursuant to FMC Section 15.76.170.
WHEREAS City Council heard the appeal of the Planning Commission action in a duly noticed public hearing pursuant to FMC Section 15.70.060.B.
WHEREAS FMC Section 15.70.040 establishes the criteria to consider in evaluating a Conditional Use Permit request and authorizes the Planning Commission to approve a project when it can make applicable findings.
WHEREAS FMC Section 15.40.040.D specifies the requirements for approval of an automobile service station.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. In all respects as set forth in all Recitals in the Resolution.
2. City Council finds as follows, pursuant to Fullerton Municipal Code Section 15.70.040.D:
Finding: That the proposed use is conditionally permitted in the zone and complies with all applicable zoning standards.
Fact: Fullerton Municipal Code Section 15.30.030.2, permits an automobile service station in the General Commercial zone with the approval of a Conditional Use Permit (CUP). The property is fully developed with a 20,990-square-foot commercial building and surface parking. Improvements associated with the approval of this CUP are limited to a service station with four gas pumps at the northernmost portion of the property, housed under a 1,764-square-foot canopy which is consistent with the development standards in Fullerton Municipal Code Section 15.30.050.
Finding: That the proposed use is consistent with the goals and policies of the General Plan of the City or any specific plan applicable to the area of the proposed use.
Fact: The subject property has a General Plan land use designation of Commercial and zoning designation of G-C (General Commercial). Automobile service station is a conditionally permitted use in the in the G-C zone.
Finding: That the proposed use as conditioned will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
Fact: An automobile service station is conditionally permitted in the G-C zone subject to the approval of a CUP. The commercial property fronts a major arterial street and is bordered by commercial properties on the north, south and west. The property is bordered by residentially zoned properties on the east; however, the east side of the property is developed with a 20.996-square-foot commercial building which separates the parking lot from the residential properties. As such, the service station, as proposed and conditioned will not be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity.
Fact: On-site circulation will not be impacted as a 28-foot-wide drive aisle, proposed on the south side of the service station, would allow onsite traffic to circulate around the station and for a full-size tanker truck to service the station without obstructing through traffic. All queuing of cars is anticipated to stay onsite as the service station is proposed to be setback 73 feet from Euclid Street and would allow for adequate vehicle stacking.
Finding: That the project or use demonstrates compliance with the Design Criteria specified in Section 15.47.060 of Chapter 15.47.
Fact: The proposed service station and site improvements are consistent with the applicable Design Criteria specified in Section 15.47.060 of Chapter 15.47, including criterion regarding circulation and landscaping.
3. The Planning Commission finds as follows, pursuant to Fullerton Municipal Code Section 15.30.040.D:
Finding: That service station and car wash sites shall be located at the intersection of two arterial-width highways or at the intersection of a freeway or flood-control channel abutting a freeway and an arterial-width highway unless the service station or car wash is an accessory use and an integral part of the operation of a department store, membership warehouse, hotel or other similar facility Fact: The development of the service station is being constructed and will be operated in conjunction with a department store.
4. The Planning Commission finds the proposed project exempt from further review in accordance with the California Environmental Quality Act (CEQA) Guidelines per Section 15303 Class 3 – New Construction or Conversion of Small Structures.
Finding: The project consists of construction and location of limited numbers of new, small facilities or structures.
Fact: The property is fully developed, and the proposed project includes removing 14 parking stalls to accommodate the construction of an unmanned automobile service station with four gas pumps with eight fueling stations at the northernmost portion of the property.
City Council approves Conditional Use Permit ZON-2023-0015, subject to the following conditions of approval:
City Council grants approval for the Applicant / Property Owner to operate a gasoline service station (unmanned) in conjunction with an existing department store. The hours of operation shall be consistent with the store hours. The approval is limited to the sale of gasoline only and no other services are permitted on-site (tire repair, oil change, windshield repair, car wash, etc.). However, the developer shall install and maintain a water and air inflation station (free or pay-per-use) and maintain these amenities in a functional manner at all times.
Applicant shall submit construction plans to the Community and Economic Development Department for review and issuance of building permit(s). Construction plans shall comply with Fullerton Building Codes, as adopted and in effect at time of plan submittal and prepared in substantial conformance with the approved plans (Attachment 1) except to the extent that the plans or designs are modified by the conditions herein.
The property shall be in substantial conformance with the plans, descriptions and statements provided by the applicant, excepting any modifications made by the Planning Commission. This includes, but is not limited to, the proposed schedule of operations on the plans (Attachment 1). Staff shall initiate a review of the CUP at a noticed public hearing before the Planning Commission upon significant changes to the plans, descriptions and statements provided by the applicant, as determined by the Director of Community and Economic Development.
The City Council or Planning Commission may modify or revoke this Conditional Use Permit should either determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvement in the vicinity or if the property operation or maintenance constitutes a public nuisance.
If the use sustains three or more verified complaints received by the Fullerton Code Enforcement Division, Fire Department or Police Department within a 12-month period regarding violations to City Ordinances or regulations which have been caused by staff or business conducted at the site, it shall be grounds for revocation proceedings of this Conditional Use Permit.
The applicant shall include lighting details and/or cut sheets for all new lighting fixtures as part of the construction plans submitted for building permit. Lighting shall not be permitted to spill onto adjacent properties and shall have sharp cut-off at the edge of the property.
Applicant shall install automatic fire sprinkler system per CBC Section 903.2.1.2 due to occupant load greater than 100.
Compliance with all codes, standards, laws, ordinances and references in place at the time of the submittal, including but not limited to the National Fire Protection Association (NFPA), Underwriters Laboratories (UL), etc.
All corrections generated during the plan check and inspection process shall be incorporated as conditions of approval by reference The Director of Community and Economic Development may consider for approval any site plan revisions necessary to comply with Building Code revisions.
All construction and general maintenance activities anticipated to exceed the noise standards set forth in FMC Section 15.90 shall occur only between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday, except in the case of an emergency. Noise associated with construction, repair, remodeling or grading of any real property must comply with the standards set forth in FMC Section 15.90 between 8:00 p.m. and 7:00 a.m. Monday through Saturday and at any time on Sunday or City-recognized holidays. All on-site construction equipment shall have properly operating mufflers and applicant should utilize the quietest equipment available.
The applicant shall agree to indemnify, hold harmless and defend the City of Fullerton, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of this approval or arising out of the operation of the business, save and except that caused by the City’s active negligence.
Approval of the Conditional Use Permit shall become null and void if not exercised within 24 months from the date of approval. The authority that gave final approval to the original request may extend the time at which such approval expires, upon written request of the applicant.
The Applicant / Property Owner shall post and maintain signage at the gas station facility that directs customers to the market staff should any issues occur at the gas station to the satisfaction of the Director of Community and Economic Development or designee.
The Applicant / Property Owner shall install and maintain video surveillance equipment covering the service station and surrounding parking lot with video monitors displaying those areas within the market that can be viewed by the store manager and staff to the satisfaction of the Director of Community and Economic Development, or designee, and Police Chief or designee. Video surveillance system shall have a 30-day recording capacity that Police Department staff upon request. Signage indicating that a video surveillance system is in use shall be placed in and adjacent to the facility. Security plan shall be submitted and approved by the Police Department prior to issuance of building permits.
ADOTED BY THE FULERTON City Council ON october 3, 2023. ______________________
Fred Jung
Mayor
ATTEST:
_____________________________
Lucinda Williams, MMC
City Clerk
_____________________________
Date
Attachments:
Attachment 1 – Approved Plans
Resolution No. 2023-XX