Agenda Report
Fullerton City Council
MEETING DATE: October 3, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: Sunayana thomas, Director of community and economic development PREPARED BY: Chris schaefer, Aicp, Planning manager
Edgardo Caldera, Senior Planner
SUBJECT: Appeal of Planning CommisSion APproval of COnditional use permit and major site plan AT 312 north euclid street
SUMMARY
A request to review and act on an appeal of Planning Commission approval of a Conditional Use Permit and Major Site Plan to construct an automobile service station on property zoned G-C, General Commercial, located at 312 North Euclid Street.
RECOMMENDATION
Adopt the following resolutions to deny the appeal:
RESOLUTION NO. 2023-XXX - 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 RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, denying an appeal and upholding the 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 OR
Approve the appeal and direct staff to draft resolutions to deny Planning Commission approval of the Conditional Use Permit and Major Site Plan requests.
CITY MANAGER REMARKS
This project was approved by the Planning Commission on a 3-2 vote. Based on the submitted appeal it is being reviewed by City Council.
PRIORITY POLICY STATEMENT
Not applicable.
FISCAL IMPACT
None.
DISCUSSION
Background
Conditional Use Permit and Major Site Plan Review (PRJ2023-00004) Ralph Kim applied for a Conditional Use Permit and Major Site Plan to construct a new automobile service station on January 31, 2023. The Development Coordination Review Committee (DCRC) sent project plans to relevant City Departments for a four-week review. Staff provided the applicant with DCRC comments and corrections on March 7, 2023. The applicant made revisions between March 2023 and August 2023 with two additional resubmittals of plans and supporting documents that addressed all staff corrections.
The proposed project meets all applicable development standards and the City may permit use in the zone with an approved Conditional Use Permit per Fullerton Municipal Code (FMC) Section 15.47.040.B. The project meets FMC Section 15.47.060 design criteria. The applicant designed the project to blend well with other commercial and residential development in the immediate area as detailed in the findings and facts contained in the draft Resolutions (Attachments 2 and 3).
California Environmental Quality Act (CEQA)
The project is Categorically Exempt from the provisions of the CEQA per State CEQA Guidelines 15303 (Class 3 – New Construction or Conversion of Small Structures) exemption consisting of construction and location of limited numbers of new, small facilities or structures and 15332 (Class 32 – Infill) exemption consisting of a project on a site of less than five acres, surrounded by urban uses and does not impact an environmentally sensitive area.
Planning Commission
The Planning Commission considered the request for a Conditional Use Permit and a Major Site Plan on August 16, 2023. Various members of the public spoke in opposition to the project during the public hearing. The Commission amended condition of approval c (follows) and voted to approve the request for a Conditional Use Permit and Major Site Plan 3 – 2 (No: Gambino, Tutor). Staff attached the Planning Commission Meeting Minutes as Attachment 5.
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.
Appeal
The Appellant, Leland Wilson, filed an appeal of the Planning Commission decision within the prescribed ten-day period, pursuant to FMC Section 15.70.060 (Attachment 6). The Appellant request generally outlines concerns about the safety of onsite traffic circulation, specifically relating to fuel tank trailers accessing the property. The Appellant also has concerns of underground pollution, the staff CEQA determination and the staff interpretation of the zoning code for permitting automobile service stations and the subject request.
The following summarizes the Appellant’s points and provides City responses:
Comment: The location of the proposed gas station does not meet the FMC code-defined approved locations.
Staff Response: Staff consulted with the City Attorney regarding the location and was given the legal opinion that the site met the requirements of FMC Section 15.30.040.D1.
Comment: Environmental requirements were not met.
Staff Response: The project is an infill development and meets the requirements for exemptions as per State CEQA Guidelines 15303 (Class 3 - New Construction or Conversion of Small Structures) and Section 15332 (Class 32 - Infill) of the CEQA. The City would require a Water Quality Management Plan prior to any grading activity and issuance of building permits. The City would require the applicant to maintain adequate protective measures regarding run-off (i.e., referred to as Best Management Practices) as per local, regional, state and federal regulations.
Comment: There will be traffic and circulation issues.
Staff Response: The applicant prepared a traffic circulation plan, reviewed by the City Traffic Engineer, Fire Department and Police Department. This plan included the proposed route for the fuel truck. Staff determined that traffic and circulation were acceptable and that the traffic impacts were minimal as per the Transportation Assessment Policies and Procedures (TAPP) Worksheet (Attachment 7).
Comment: There is too much pollution in Fullerton and this project will add to it.
Staff Response: Underground fuel storage tanks must meet modern safety requirements such as being double-walled and possess leak detection, which the Orange County Health Care Agency reviews, inspects and enforces. Dispenser nozzles must have a vacuum seal that prevents fumes from escaping during fueling as per South Coast Air Quality Management District requirements.
Staff believes that the project meets the numerous related code requirements based on the review and analysis conducted by the various City Departments and consultants. Staff recommends approval of the project, thereby overturning the appeal, based on this assessment.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Draft Resolution No. 2023-XXX CUP Appeal Denial Attachment 3 – Draft Resolution No. 2023-XXX Major Site Plan Appeal Denial Attachment 4 – Planning Commission Staff Report dated August 16, 2023 Attachment 5 – Planning Commission Meeting Minutes dated August 16, 2023 Attachment 6 – Appeal Form
Attachment 7 – TAPP Worksheet
cc: City Manager Eric J. Levitt
Planning Commission Appeal 312 North Euclid Street
October 3, 2023 - Page 3