RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING PLANNING COMMISSION APPROVAL OF A MAJOR SITE PLAN TO CONSTRUCT AN AUTOMOBILE SERVICE STATION ON PROPERTY ZONED G-C, GENERAL COMMERCIAL, LOCATED AT 312 NORTH EUCLID STREET ZON-2023-0014
APPLICANT: RALPH KIM
PROPERTY OWNER: TRIFECTA PROPERTY INVESTMENTS LLC
WHEREAS the applicant filed for a Major Site Plan to construct an automobile service station on property addressed 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-2023-0014 in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76.
WHEREAS the Planning Commission approved the request for a Major Site Plan.
WHEREAS an appellant filed an appeal of the Planning Commission decision to City Council 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 15.47 establishes the criteria to consider in evaluating a Major Site Plan request and authorizes City Council to approve a project when it can make applicable findings.
WHEREAS the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) Section 15303 Class 3 - New Construction or Conversion of Small Structures.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
In all respects as set forth in all Recitals in the Resolution.
City Council finds as follows, pursuant to FMC Section 15.47.040.B.1:
Finding: The use is permitted in the zoning classification.
Fact: The proposed project includes removing 14 parking stalls to accommodate the construction of an automobile service station with eight fueling stations at the northernmost portion of the property. An automobile service station is a conditionally permitted use in the G-C zone, per Fullerton Municipal Code Section Table 15.30.030.2.
Finding: The project meets all applicable development standards.
Fact: Staff has reviewed the project and determined it conforms to the development standards contained in Fullerton Municipal Code Title 15 for G-C zoned properties.
Finding: The project meets the design criteria as specified in Section 15.47.060, as applicable.
Finding: The proposed project creates a development that is pleasant in character, harmonious with past development of Fullerton and illustrates design compatibility with the desired developing character of the surrounding area.
Fact: The project has been designed to blend well with the existing surrounding uses. The proposed canopy structure and 84-sqaure-foot gas station control room are architecturally compatible with the existing commercial building on the property and other development in the surrounding area.
Finding: That the project creates traffic patterns that minimize impacts on surrounding properties and streets and accommodate emergency vehicles.
Fact: Access to the new service station will primarily be via two existing 30-foot-wide driveways off Euclid Street. Additionally, access to the service station will also be possible from an existing driveway off Chapman Avenue. On-site circulation will not be impacted as a. 28-foot-wide drive aisle, proposed on the south side of the service station, will allow on-site 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 will be setback 73 feet from Euclid Street and will allow for adequate vehicle stacking.
Finding: Designing landscaping to create a pleasing appearance from both within and off site.
Fact: The project includes constructing extensive site improvements. Landscaping improvements include new tree wells throughout the parking area to comply with zoning code shading requirements, construction of four new landscape planters on the north side of the property and refurbishing the existing planters with new landscaping and water efficient irrigation. Tree species will include 24-inch box size Burgundy Dessert Willow and Australian Willow, and 36-inch box size Mexican Fan Palms will be planted in the existing planter running along Euclid Street. Other site improvements include enhanced entry pavement at the two existing driveways off Euclid Street.
Finding: The Project ensures that all landscaping and its corresponding irrigation systems will conform to Chapter 15.50 of this title.
Fact: The Project has been conditioned for landscape plans to be submitted prior to issuance of building permits, in accordance to Chapter 15.50.
The City Council finds the proposed project is 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.
The City Council finds the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) Guidelines per Section 15332 Class 32- In-Fill Development Projects.
Finding: The project consists of an infill project that is consistent with the General Plan and Zoning designations and requirements. This class of projects are characterized as in-fill development meeting the following conditions:
The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.
The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
The project site has no value as habitat for endangered, rare, or threatened species.
Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The site can be adequately served by all required utilities and public services.
Fact: Per the Substantial Evidence Memorandum included as attachment 3, Section 15332 Class 32- In-Fill Development Projects applies to the project. Specifically, the Class 32 exemption would apply to the implementation of the Project in an infill location.
City Council approves Major Site Plan ZON-2023-0014, subject to the following conditions of approval:
The action of the Planning Commission approves the applicant submitted plans identified as Attachment 1 and as conditioned herein. The term "approved Major Site Plan" pertains to the plans in Attachment 1 and as conditioned herein.
Prior to issuance of a building permits, the corresponding landscape plans shall be prepared and submitted to the City for review and approval pursuant to Fullerton Municipal Code (FMC) Chapter 15.50. Landscaping shall be installed prior to occupancy of the building. A one-year maintenance bond in an amount equal to 50% of the combined cost of the landscaping materials and irrigation system, but not less than $500, shall be posted as a prerequisite to the final approval of the development and/or occupancy of the building. The property owner, or Owner's Association where applicable, shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner, or Owner's Association, with the same species type and size identified on the approved landscape plans.
The landscape plans shall incorporate increasing the landscape planter width, fronting Euclid Street, to the extent possible and a solid hedge of live plant material in the planter, a minimum of 36 inches in height to screen the parking lot.
The Applicant / Property Owner shall plant palm trees along the street frontage with a minimum of ten feet of brown trunk height, to the satisfaction of the Director of Community and Economic Development or designee. Acceptable specifies are Mexican Fan Palm, Guadalupe Palm, King Palm or Queen Palm.
The Applicant/ Property owner shall install enhanced concrete (i.e., stamped I scored and colored) in the two driveways fronting on Euclid Street prior to issuance of permit final, to the satisfaction of the Director of Community and Economic Development or designee. The enhanced concrete shall be finished with a clear sealer to inhibit marring or discoloration.
The Applicant / Property Owner shall refurbish the two existing pole signs that front on Euclid Street prior to issuance of permit final, to the satisfaction of the Director of Community and Economic Development or designee. Any unused sign cabinet or signage box shall be removed. Each tenant shall be limited to one signage cabinet per business on the related pole. The sign cabinets and poles shall be painted in a color that matches the main building and be finished with a clear anti-graffiti coat and maintained in a well kept manner at all times that is devoid of rust, flaking, graffiti or discoloration.
The Applicant / Property Owner shall develop a planned sign program for the center that creates a uniform sign plan, to include the pole signs. The sign program shall be submitted and approved by the Director of Community and Economic Development or designee prior to issuance of building permits.
The Applicant / Property Owner shall paint the new gas station canopy and control room building in colors that match the main store building, to the satisfaction of the Director of Community and Economic Development or designee.
Construction plans shall be submitted 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 be prepared in substantial conformance with the approved Major Site Plan except to the extent that the plans or designs are modified by the conditions herein.
The Community and Economic Development Director may approve minor modifications to the approved Major Site Plan. Major modifications shall require the approval of the Planning Commission.
The Applicant / Property Owner is responsible for ensuring that information contained in construction plan drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. The Applicant / Property Owner may transfer this responsibility to the Project Architect. While the City aims to correct inconsistencies, they are the ultimate responsibility of the Applicant/ Property Owner/ Project Architect to remedy, up to and including completing construction revisions prior to receiving final occupancy approvals.
The approval of the Major Site Plan becomes null and void if not exercised within 24- months from the date of approval. Prior to the date of expiration of the approved Major Site Plan, the Planning Commission may extend the expiration date for a period or periods not exceeding 12-months, for a total of no more than 24 months.
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. Plans shall clearly show that the project complies with applicable Building Codes prior to issuance of building permits. Any site plan revisions necessary to comply with Building Code revisions may be considered for approval by the Director of Community and Economic Development.
All construction and general maintenance activities that are anticipated to exceed the noise standards set forth in FMC Section 15.90 shall be limited to 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 / Property Owner 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.
Public Works - Engineering Project Specific:
According to FMC Section 16.05.060, all proposed utilities that provide direct service to the subject property, including electric and all telecommunication systems shall be installed underground; all existing facilities providing direct service to the development shall be undergrounded. In addition, existing power pole and overhead facilities (except electrical transmission lines) located adjacent to the alley which provides ingress/egress access from Wilshire Avenue to the property shall be undergrounded. Where the enforcement of the underground utility provisions results in undue hardship, the applicant may submit a written appeal pursuant to Section 16.05.060.E.3. Written appeal shall include a letter of justification including information, facts, and figures necessary to properly advise and inform the Community and Economic Development Director and the City Engineer of the circumstances which require such appeal and create the hardship.
Non-Priority WQMP has been reviewed and found incomplete for the entitlement phase of the project. Please refer to JLHA's review comments dated July 25, 2023 (attached). Please note that the site design may be impacted by WQMP' revisions, resulting in additional Conceptual Grading Plan comments. WQMP must be approved prior to issuance of any building permits.
Site improvements shall include the discharging of storm water runoff from the onsite to the public right-of-way per City standards.
Verify that any work shown not on your property has agreements in place with the owner for work on that property.
Euclid Street was recently repaved, ensure no operation will impact the pavement of Euclid Street. Extent of public improvements (sidewalk, curb and gutter, driveways, trees, access ramp, etc.) is pending upon valuation and shall not exceed 10% of this amount including but not limited to the following:
Asphalt Concrete (AC) at the alley which provides ingress/egress access from Wilshire Avenue to the property is in poor condition. As such, the AC pavement shall be reconstructed per City Standards. The extent of pavement rehabilitation / reconstruction shall be as recommended by Soils Report and as approved by the City Engineer.
Reconstruction of the driveway along Chapman Ave. shall be constructed in compliance with the City of Fullerton Standard No. 121-2, Commercial Driveway Approach.
All damaged sidewalk, curb and gutter, and alley gutter along Euclid Street frontage and alley shall be removed and replaced with new concrete per City standards. Public sidewalk that is not in conformance with current disabled access guidelines shall be removed and replaced along project frontage. Limits of removal and replacement shall be shown on the plan and shall be reviewed and approved by the City Engineer.
The existing 6-inch single check assembly in a vault is substandard and will need to be replaced with a double check detector assembly and brought above-ground to meet current standards.
DCDA shall be installed per City Standard 721. FDC on assembly shall be within 50- feet of a public fire hydrant.
A water permit from Public Works will be required for fire assembly upgrade.
Prior to Building plan approval, a water improvement plan prepared by a Civil Engineer using City title block will be required to be submitted and approved by Public Works to [email protected]. City title block can be found on the City's website.
General:
All work in the public right of way shall be constructed in accordance with the Standard Plans and Standard Specifications for Public Works Construction, latest edition. This includes supplements thereto and City of Fullerton Standard Drawings.
All plans for improvements in the public right of way shall be prepared by a Registered Civil Engineer authorized to practice in the State of California.
Before undertaking any grading or construction work of any type within the public right of way, the owner must first obtain the applicable permits from the Public Works Department.
During site improvement, all deliveries to the project site that are overweight, or oversize will require a transportation permit from the Public Works Department.
The project shall utilize the City's benchmarks. A list of the City's benchmarks is available on the City of Fullerton website.
The developer shall provide and maintain all necessary flag persons, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the State of California, Manual of Traffic Control, or as required by the Public Works Department permit requirements to ensure safe passage of pedestrian and vehicular traffic.
Street trenches required for the installation of utility connections shall comply with City of Fullerton Standard No. 312 and 313.
Any controlling survey monumentation (property lines, tract lines, street centerline, etc.) which are at risk of being destroyed or disturbed during the course of this project must be preserved in accordance with California Business and Professions Code (Professional Land Surveyors Act) Section 8771(b). Pre-construction field ties, along with the preparation and filing of the required Corner Records or Record of Survey with the County of Orange, shall be accomplished by, or under the direction of, a licensed surveyor or civil engineer authorized to practice land surveying. Copies of said records shall be furnished to the City Engineer for review and approval prior to issuance of any onsite or offsite construction permits. Any monuments disturbed or destroyed by this project must be reset and post-construction Corner Records or Record of Survey filed with the County of Orange. A copy of the recorded documents shall be submitted to the City Engineer for review and approval prior to issuance of any permits within the public right of way.
All the public improvements, studies, designs, plans, calculations and other requirements shall be installed, provided and supplied by the developer in accordance with City and State codes, policies and requirements at no cost to the City. All work shall comply with City standards and specifications and with the City of Fullerton Municipal Codes. ii. Proposed sewer laterals shall be minimum 6-inch V.C.P. per City Standard 209A and 209B. All existing lateral connections to be utilized for the development shall be video inspected to determine their condition. Video shall be submitted to the Public Works / Maintenance for review. If determined that the existing connection(s) are in poor condition, they shall be replaced with new lateral connections per standard plans.
Existing public and private easements shall not be affected by the proposed development. Any modification to an existing public and/or private easement shall be coordinated and approved by applicable easement owners.
All facilities crossing lot lines shall be located in private easements.
Site development shall not result in the increase of storm water run-off and flow intensity to the adjacent properties nor obstruct storm water flow into the site. The size and alignment of on-site drainage facilities shall be based upon detailed hydrology and hydraulic calculations prepared by a California Registered Engineer and shall be approved by the City Engineer. mm. Grading plan shall be reviewed and approved prior to issuance of grading permit.
Site grading shall adhere to the approved grading plan and shall be completed prior to issuance of temporary occupancy.
As-Built Grading Plan, signed and stamped by the Engineer of Record and the Geotechnical Engineer, shall be submitted to Public Works Department prior to finalizing and closing the grading permit. Any deviations from the approved grading plan will require a submittal of grading plan revision for the City Engineer's review and approval.
In addition to all retaining walls, any above-ground construction, regardless of its height, that may alter the existing storm water flow pattern shall be shown on the grading plan.
Prior to issuance of building permits, all public improvements (if any) shall be guaranteed to be installed by the execution of an Agreement for Public Improvements secured by sufficient bonds or sureties for both Faithful Performance and Labor and Materials, in a form approved by the City Attorney.
ADOPTED BY THE FULLERTON CITY COUNCIL ON NOVEMBER 7, 2023. ____________________
Fred Jung
Mayor
ATTEST:
Lucinda Williams, MMC
City Clerk
Date
Attachments:
Attachment 1 – Plans
Attachment 2 – JLHA Comments
Attachment 3 – Substantial Evidence Memorandum