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Home My WebLink About31F - 2520 S. BIRCH ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 18, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2005-03 TO ALLOW THE OVERNIGHT PARKING OF CERTAIN VENDING TYPE VEHICLES AT 2520 SOUTH BIRCH STREET IN THE LIGHT INDUSTRIAL ZONING DISTRICT - ABEL 72~'~Ia" CITY MANAGER APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 151 Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO ---- -~. FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2005-03 as conditioned. PLANNING COMMISSION ACTION On April II, 2005, the Planning Commission approved Conditional Use Permit No. 2005-03 as conditioned by a vote of 5:1 (Cribb opposed, Gartner abstained) to allow the overnight parking of certain vending type vehicles in the Light Industrial (M1) zoning district at 2520 South Birch Street. After receiving public testimony, the Planning Commission added conditions to the project to enhance landscaping and replace an existing chain link fence with a masonry wall. A condition was also added to require all trucks parked at the facility to obtain a Santa Ana City Business License. The Planning Commission recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. St1t!zfÆ Executive Director Planning & Building Agency BA:rb ba\reports2005\cup05-03 Abel Food.cc 31 F-1 REQUEST FOR Planning Commission Action (~I /§1n~~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: APRIL 11, 2005 TITLE: PUBLIC HEARING - FILED BY ABEL SALAZAR FOR CONDITIONAL USE PERMIT NO. 2005-03 TO ALLOW THE OVERNIGHT PARKING OF CERTAIN VENDING TYPE VEHICLES AT 2520 SOUTH BIRCH STREET IN THE LIGHT INDUSTRIAL ZONING DISTRICT APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Bill Apple -#7~ Execu\!)lé Director ~ing Manager RECOMMENDED ACTION Adopt a resolution conditioned. approving Conditional Use Permit No. 2005-03 as DISCUSSION Request of Applicant Abel Salazar of Abel Food Service is requesting approval conditional use permit to allow the overnight parking of ice delivery, and packaged grocery vehicles in the Light Industrial district at 2520 South Birch Street. of a cream, zoning Property Description The project site is located at the southwest corner of Birch Street and Central Avenue and is developed with a 140,000 square foot industrial building and two detached accessory structures. The site is approximately 9.73 acres in size and is zoned Light Industrial (M-1) which is consistent with the General Plan designation of Industrial (IND) for the area. Access to the site is from Birch Street and Central Avenue. The site is surrounded on all sides by industrial uses. The overnight parking of certain vending vehicles is proposed on 2.88 acres on the north side of the site (Exhibit 1). Project Description Abel Food Service is approved to operate a 40,000 square foot packaged wholesale grocery warehouse business within an existing 140,000 square foot industrial building. The warehouse nature of this use is allowed by EXHIBIT A 31 F-2 Conditional Use April II, 2005 Page 2 Permit No. 2005-03 right in the M-1 zoning district. The leased warehouse space is located on the north side of the building with access to the business occurring from Central Avenue. The applicant is requesting a conditional use permit to use approximately 2.88 acres of the site as a location where owners of ice cream, delivery and packaged grocery vehicles can park their trucks when they are not conducting business, whether in Santa Ana or other communities. The site will be striped to accommodate up to 212 independently owned and operated vending vehicles. The trucks will be tandem parked, one behind another, leaving a central drive aisle for access and vehicle circulation. Employees will use spaces vacated by the vending trucks for parking. Trucks can purchase packaged food items and uncut produce from the on-site grocery warehouse. Trucks will leave the site daily to conduct their normal business activities, returning in the late afternoon and evening to park their vehicles (Exhibits 2 and 3) . Electrical hook-ups will be provided in the parking area to supply the electrical power necessary to keep refrigeration units operating while the trucks are parked at the facility. A trash enclosure large enough to accommodate four trash bins is provided on site. All potholes and deteriorated paving will be repaired and the site will be slurry coated and restriped to meet City standards. Lighting will be added to the site to comply with Police Department codes and requirements. The site is screened from view by a masonry wall along Birch Street. Slats and vines will be installed to cover an existing chain link fence that will screen the site from Central Avenue. No vehicle repair or washing will take place at the facility. These activities, when necessary, will take place off site at independent repair and wash facilities. Analysis of the Issues Many of the vending vehicles that operate daily within the City of Santa Ana are owned or operated by individuals who live in the community. These vehicles are often parked overnight on City streets and in residential areas, partly due to the lack of safe, enclosed, off street parking facilities for them. Currently there are four sites in the City that serve as commissaries for produce and ice cream trucks (Exhibit 4) . The City's zoning code does not specifically designate a zoning district where vending vehicles can be stored or parked overnight. The Planning Division has reviewed the zoning code and has made the determination that the parking of vending vehicles is a use similar in nature to a freight, bus and truck terminal, which allows the storage and dispatch of larger 31 F-3 Conditional Use April 11, 2005 Page 3 Permit No. 2005-03 scale vehicles with a conditional use permit in the Light Industrial (M-1) zone. The subj ect site is located in the M-1 zoning district and is surrounded by industrial uses. Because of the industrial character of the area, staff believes that the subject property is an appropriate location to park vending vehicles. The conditional use permit allows the City to condition the project and mitigate potential impacts on surrounding property owners. The proj ect has been conditioned to only allow the parking of vending trucks that sell packaged food and uncut produce items at this facility. These vehicles include ice cream, delivery and packaged grocery trucks as defined and licensed by the Orange County Health Department (each truck will require a Health Department license). Because these types of trucks vend uncut whole fruit and food items that are packaged, they tend to be cleaner than those trucks that prepare or cook food on the vehicle. At a future date, should the applicant propose to expand the use to park catering trucks where food is cooked or prepared on the vehicle, or should the applicant propose to wash or repair vehicles on site, a new conditional use permit would be required and the site would need to be brought into compliance with the Light Industrial zoning standards. Items such as wash bays with canopies, clarifiers, oil and grease separators, and landscaping would need to be added to the site, which is currently not required based upon the scope of the proposed project. Staff has also conditioned the project to be maintained litter free with regular trash bin pickups. The use of barbed wire would not be allowed at the facility and any graffiti would need to be removed within 24 hours. In addition, the applicant has provided parking spaces for 212 vehicles, which would be the maximum number of vehicles allowed to park on the site. The size of the trucks parked at the facility is limited to the size of vehicles that fit into the designated parking spaces shown on the approved site plan. Trucks are not permitted to be parked in fire lanes or drive aisles. It is anticipated that the number of vending trucks parked overnight in residential areas will decrease if an alternative location is provided that is safe from vandals and other hazards. This will free up parking spaces in local neighborhoods where trucks are currently being stored overnight on City streets. After receiving public testimony at the meeting held March 28, 2005, the Planning Commission continued this item for two weeks and directed staff to research whether the proposed proj ect was in conformance with the City's adopted Vending Vehicle Ordinance (Ordinance No. NS-2655) and proposed changes to that ordinance. The Commission also raised questions 31 F-4 Conditional Use April 11, 2005 Page 4 Permit No. 2005-03 regarding employee parking, whether trucks parking at the facility could be limited to just those trucks doing business in the City of Santa Ana, and whether vendors would actually pay a monthly fee to park at the proposed facility. The proposed proj ect is in compliance with the City's current vending ordinance. The ordinance governs the operation of vending trucks when they are actually vending product and does not conflict with the overnight parking of vending trucks at the proposed facility. There are currently discussions taking place with the industry to amend the current ordinance to designate specific locations in the City where vending vehicles could be parked on a permit only basis. These discussions are on-going and have not yet been finalized, however should overnight parking of vending trucks be restricted to designated spaces, the need for a facility, such as that proposed by the applicant, would increase. Regarding employee parking, there are 40 parking spaces that have been designated for employee and customer parking, based upon the 40,000 square foot warehouse use. As designed, employees would use these spaces during the day when vending trucks have vacated the site, and vending trucks would use these spaces to park overnight when there are limited employees on site. The Commission also expressed concerns that this site not become a regional parking facility for vending trucks that do not do business in Santa Ana. While it is difficult to regulate or dictate in which communities vending trucks actually conduct their business, a condition could be placed on the project requiring that all trucks parking at the facility first obtain a current Santa Ana City business license, which would be posted on their vehicle. Having to pay an annual City business license fee would provide a disincentive for trucks parking at the facility but doing business in other communities. Finally, a question was raised as to why a vendor would pay a monthly fee to park at the facility. Vendors would park at this facility because it provides a safe environment for vending trucks to park free from graffiti and other vandalism, the ability to purchase supplies and packaged food items on-site at the facility, electricity is available so refrigeration units can be kept in operation while the vehicle is parked at the facility, and knowing that they have a designated legal location to park when not in operation rather than having to find locations to park on City streets. 31 F-5 Conditional Use April 11, 2005 Page 5 Permit No. 2005-03 Based upon the above analysis and findings (Exhibit that the Planning Commission approve Conditional Use conditioned (Exhibit 6). 5), it is recommended Permit No. 2005-03 as CEQA Compliance This proj ect was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows rehabilitation of damaged facilities and structures. Categorical Exemption Environmental Review No. 2004-176 will be filed for this project. \ f3~ Bill Apple Associate Planner ~ u~ Vince Frego Senior PlaIT BA:JM ba\reports2005\cup05-03 Abel Food.041105 continued.pc 31 F-6 R1 R1 R1 R1 C2 M1 i "-. R1 R1 R1 R1 R1 R1 R1 M1 M1 M1 R2-PRD /-, ,"'-,\ I' II M1 \1 )1 ,'-- / ,/ ~ ~ ø R1 R1 R1 R1 R1 ~R1 ~ R3 R1 G QQ88S M1 0 R2 R2 CE R R2 M1 M1 . ; M1 i M1 ~ w 0 CR i I M1 r:- AlTON AV, A1 GENERAL AGRICULTURAL -B PARKING MODIFICATION C-SM COMMERCIAL SOUTH MAIN C1 COMMUNITY COMMERCIAL C1-MD COMM. COMMERCIAUMUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR GC M1 M2 MO 0 P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP m ~~ CUP 05-3 ABEL FOOD SERVICE 2520 SOUTH BIRCH STREET A r9f - - =500 FEET 1" = 1000 FEET p L A N N N G A N 0 B U I EXHIBIT 1 31 F-7 L 0 N G A G E N c y 1m ~~ I- W W a: I- en I- W W a: I- en -.J -.J « « - a: '- a: :::. UJ a :; - <: 0 -.J \.) « - -.J \.) ~ a: a: UJ '- (J) :; a :; ~ 0 \.) ~ == C c:c 0 a: In A gý' p A y L COMMERCIAL INDUSTRIAL CENTRAL COMMERCIAL CENTRAL AVENUE -.J -.J « -.J ~ \.) « a: UJ a: :; a: :; '- '- 0 \.) (J) (J) :::. :::. a > W a <: en z <: a: c:c ~ COMMER~/AL INDUSTRIAL CUP 05-3 ABEL FOOD SERVICE 2520 SOUTH BIRCH STREET N N N G A N D B u L EXHIBIT 2 31 F-8 D N G A G E N c , ! , , , I I , ¡ I I I , , , , I ¡ , I ~ ~~ Iw I , I I I (' v:~~ \ ," ~" " "'---"," -" SCA~:: ---- -._----- ~~¿¡;,;V:;,~-""-""-""-"- . [ I E'"'' 171"-"-" ~ ~ co","" t ;J~~ :::q=q II ! ,,, ",,1;1: :;t] ! I' ,;BEL FOOD SERVICE ' ,~ I ¡ ( .L COAC"CC ' ,--l!L- -.eL,.J I, '0'" ,- I " 'I .< ' ' ,,2' . "C' . 1<8" --j---o: , ., ....."" ' ," C" ,-- H '?-~ I H ~85' ;;;".u ' . '< ~-j-1 "~i I 0 . .:::";:~:,;~::""" ,,' !' .7''=1' ~ , " ' ~ ~ ~" . '" ,,..., II ^"."" .' ,.,~' ' / ,r".."","c~"< ,," 'I. " .::,.0 ' ~,' i.,' -+,-JII ,," ...' , . ~ .,- ' =t:' / ) ,! ' I .", , , /" ' 0 ' "" ,,'I ,< I - ~,r PANfl .' -~~t ., , v" . . ,c"- .w....' i ~ : I ~ ,- =-lj ,i(") r ,'~ ~,' 1m , " . ," . . ~ I' ,Z , ' .."" ,i "" '-"-' I" ... ' ,-j-. ¡ ." ') ! .. ,.,!I' "",~~ ,'''''-'''''~' '+-j" ' , ' , ' , ,!" - 'm" ~.., .. ,,,..... 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I.--~-~_._- I CCN<:~C[ ùC;::K A¡;~~ ~ :--'--'-l - t ) , \ \. \. \ \. \ (~ST,~C :::::mCR,'[ f'.W(!AfNf f- :::> ~ 5 w u « 0- (J) ø z 52 ~ i ~ ~ - -'1":IJ" lHL-6[,9 (tlL) :.°- ,nl-6('9 (..It) ;ôHJO~d 699Z6 V:) '~N'ý~ ']¡\HO NYIV' N'f'S 'J ç..g.; dnO~Ð ÐNlllnSNO:) l:)'ln:JlS8'v' ---------'-:OÇ;l-~---"-'---- --- _. --.- ---- "" NVld ¡,jOO1.:! .9' -- ---------- 1. -~_._--_. . ~~-;ç-,~--- ~f~- ---:¡z- lJNYd :J1~1:>]1J .-I (u J ~ 0 g ~ ~ , " ~ ~ 0 ~ .--'. .~._--~- -.----- ----- -- --_._._----~_. z :; r w ~ , -~- -- --> -~ ~ Z :¡ wz ~> a::>o. ' '1032: T U '< ," " ---. ..._----.--------- -~--~- --r;=:;~ p"- . I I , ,r- -_.'~----_.-- --~ --I '/tQJJll'/J "fIN V1NVS :now l't!JI/(J:) 3:J1^¡,j3S oeO.:! 318..- ...- ì I § .. ~ ~ ~:-.- .~¡ ~ ~I -~ì tt"'~j .g~ ~ . g 'f .. '" ~ - J 0 - l ' " ~ ~ I '" r- ~~=-~- œ w w " œ œ g . ~ , ----g I ~ , ';;; -. ., ~i :::E:~'9 ~I t-:~T~;6 '" 1=:;"- ~- Y ---------:-rz---- -- -------------- ; I I -- IoL 31 F-1 0 2 of 2 § .. ~ , l I )J~ I! C') 0 z :3 ': ~ ~ 0 ". 9 ¡;¡ U- ~ ~. --~ - . . ~ . .-------. ---- . . -----. ---- . 'Í . () .-\....'.' ..J.' .......-..'1 .:- ~~'~;;Ii??!~" / ~_.~'J' ijr ( ,.....;.' ". r::- f'!]:ß~\\':':-:: -:- .. \ ./:,., .¡ ."'...' :',./ lììT{)ii..2\.~- COUNTY OF ORANGE HEALTH CARE AGENCY JUUETTE A. POULSON, RN, MN DIRECTOR REGULATORY HEALTH SERVICES ENVIRONMENTAL HEALTH D~VID L.. RILEY ASSISTANT DIRECTOR MIKE SPURGEON DEPUTY AGENCY DIRECTOR REGULATORY HEALTH SERVICES ,. Excellence D. ?j6~grity ~avlæ STEVEN Ie. WONG. REHS, MPH DIRECTOR ENVIRONMENTAL HEALTH MAIUNG ADDRESS: 1241 EAST OYER ROAD, SUITE 120 SANTA ANA. GA Q270Q-5611 ,.' TELEPHONE: (714) 433-6090 FAX: (714) 754-1768 E-MAIL: ðheaII110oc~.com COMMISSARIES APPROVED FOR SERVICING AND STORAGE FOR MOBILE FOOD FACILITIES AND MOBILE FOOD PREPARATION UNITS The California Health and Safety Code, Section 104, Part 7, Chapter 4. Article II, Section Il4265(í) and Article 12, Section 114287 states that mobile food facilities mobile food preparation units shall operate out of and be stored at a commissary or other facility approved by the enforcement agency. The following is a list of approved commissaries that specialize in serving mobile food preparation units and/or mobile food facilities in Orange County. This list is provided for your convenience only and it does not constitute a recommendation by this Agency. PUSH CART COMMISSARIES Raspados Estilo Mexico 2004 South Yale Unit #D Santa Ana, CA 92704 (714) 557-3523 Andre Alquisira Melodee Ice Cream 2649 W. First Sr. Santa Ana, CA 92703 (714) 543-6251 David Sarin Orange County Cart Commissary 3916 East Miraloma Anaheim, CA 92631 (714) 774-1734 Marlene Brown Spectacular Catering 717 South Dunn Way Placentia, CA 92870 (714) 637-2048 Ed Dart 31 fM.1ISlT 4 ..---- Mobile Food Unit Commissaries Page 2 PRODUCElICE CREAM TRUCK COMMISSARIES Tropical Ice Cream 1236 W. S1h Street Santa Ana. CA 92703 (714) 547-1394 A1i Zandi Melodee Ice Cream 2649 W. First St. Santa Ana, CA 92703 (714) 543-6251 David Sarin Delite Distributions 114 S. Lemon #B Fullerton, CA 92832 (714) 992-1600 Corey or Mitch Mills Frank's Produce 1211 S. Harbor Blvd. Santa Ana, CA 92703 . (714) 554-8253 Francisco Gonzalez Barajas Produce 538 S. Rose Anaheim, CA 92805 (714) 533-7455 Javier Barajas Okeh Caterers 2115 East Orangewood Ave. Anaheim, CA 92806 (714) 634-4944 Tom Lamb La Bodega 810 E. 2nd Street Santa Ana. CA 92701 (714) 647-1370 Abel Salazar Lopez MOBILE FOOD PREPARATION UNIT COMMISSARIES CharHes Foods Inc. 201 South Mountain View Santa Ana, CA 92704 (714) 839-6332 Charlie Akoboff Okeh Caterers 2115 East Orangewood Anaheim. CA 92806 (714) 634-4944 Tom Lamb International Catering 16221 Construction Circle West Irvine, CA 92714 (949) 552-5457 Rasrni Ihmud Orange County Food Services 3017 East Miraloma Anaheim, CA 92806 (714) 630-1900 Larry LaGant Garlinda Catering 2419 Soutb Broadway Santa Ana. CA 92707 (714) 546-3116 Gary Schnaible Royal Catering 1500 East Cerritos Ave. Anaheim, CA 92307 (714) 774-4035 Juan Vasquez CART COMMISSARIES.doc/food vehicles 31 F-12 Conditional Use April 11, 2005 Page 1 of 2 Permit No. 2005-03 Findings of Fact A. Will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or It is anticipated that the number of vending trucks parked overnight in residential areas will decrease if an alternative location is provided that is safe from vandals and other hazards, thus providing a facility that will contribute to the general well being of local neighborhoods and the community. Decreasing the amount of these trucks that are currently being parked overnight on City streets will also free up additional parking spaces that are needed for parking in local neighborhoods. B. Will the proposed use be detrimental to the residing or working in under the circumstances of the particular case health, safety, or general welfare of persons the vicinity? The City's zoning code does not specifically designate a zoning district where vending vehicles can be stored or parked overnight. The Planning Division has reviewed the zoning code and has made the determination that the parking of vending vehicles is a use similar in nature to a freight, bus and truck terminal, which allows the storage and dispatch of larger scale vehicles in the Light Industrial (M-1) zoning district with a conditional use permit. The subject site is located in the M-1 zoning district and is surrounded by industrial uses. The use is compatible with the industrial character of the area and therefore would not be detrimental to the general welfare of persons residing or working in the vicinity. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The parking of vending trucks at the facility will not adversely affect the economic stability or economic development of properties in the surrounding area. The use is appropriate in an industrial zone and the proj ect has been conditioned to only allow trucks that vend packaged food items 3~~~13 Conditional Use April 111 2005 Page 2 of 2 Permit No. 2005-03 and do not cook or prepare food on the vehicle to park at the facility. The project will help rehabilitate a site that has over time become deteriorated. The economic investment in the site will stimulate additional investment in the areal which will have a positive effect on the economic stability and future economic development in the area. D. Will the proposed use comply with the specified in Chapter 41 for such use? regulations and conditions The Planning Division has reviewed the zoning code and has made the determination that the parking of vending vehicles I where food is not prepared or cooked on the vehiclel is a use similar in nature to a freight I bus and truck terminal I which allows the storage and dispatch of larger scale vehicles in the Light Industrial (M-1) zoning district with a conditional use permit. The property is considered legal nonconforming and improvements are being made to the site to bring the property into closer compliance with city codes as specified in Chapter 41 for such use. E. Will the proposed use adversely specific plan of the City? affect the General Plan or any The proj ect has been reviewed by the Planning Division and a determination has been made that the parking of ice creaml delivery and packaged grocery vehicles is an appropriate use with a conditional use permit in the Light Industrial district and therefore is also consistent with the General Plan designation of industrial for the area. There are no specific plans that govern development in the area. Therefore I the proj ect would not adversely affect the General Plan or any specific plans of the City. 31F-14 APRIL 11, 2005 PAGE 1 OF2 Conditions for Approval Conditional Use Permit No. 2005-03 is approved subject to the reasonable satisfaction of the Planning Manager, with sections of the Santa Ana Municipal Code, the California Code, the Uniform Fire Code, the Uniform Building Code applicable regulations. compliance, to all applicable Administrative and all other The applicant must comply below prior to exercising permit. in full with each and every condition listed the rights conferred by this conditional use The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. 5 . 6. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee and the site plan approved for this development project (DP No. 04-056). 2. Any amendment to this conditional use to the Planning Division for review. determine if administrative relief conditional use permit must be amended. permit must be submitted At that time, staff will is available or the 3 . This conditional use permit does not apply to vending vehicles, lunch wagons, mobile food preparation units or any other vehicles where food items are prepared or cooked on the vehicle. These vehicles shall not be parked or stored on the site without a new conditional use permit being approved by the City Council. 4. No washing of vehicles or vehicle repair is permitted at this facility. Prior to issuance of a Certificate deteriorated pavement and potholes shall site slurry coated. All parking areas designated on the approved plan. of Occupancy, all be repaired and the shall be striped as The site shall be maintained free of potholes and deteriorated paving as part of a normal maintenance schedule. !YfPl~ S MARCH 28, 2005 PAGE20F2 10. 11. 7. No barbed wire shall be allowed or used at the facility. 8 . The site shall be maintained litter free and kept in a clean and safe condition. All boxes shall be broken down flat before they are put in trash bins. All trash bins shall be emptied on a regular basis so that the site remains litter free and trash does not accumulate and overflow from bins. 9. The size of the trucks parked at the facility are limited in size to those that fit in the designated parking spaces shown on the approved site plan. Trucks are not permitted to be parked in designated drive aisles or fire lanes. Prior to issuance of a Certificate of Occupancy, slats shall be provided on the chain link fence adj acent to Central Avenue. At the base of the fence, irrigated vine pockets planted with Boston Ivy shall be provided every 15 feet to cover the chain link fence or any future wall that may replace the chain link fence. The vines shall be irrigated and maintained in good condition for the life of the project. All graffiti shall be removed within 24 hours. B. Police Department 1. Existing building and parking lot lighting must conform to the Building Security Ordinance. These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. 31 F-16 KO - 4/12/05 RESOLUTION NO. 2005-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-03 AS CONDITIONED TO ALLOW THE STORAGE OF VENDING VEHICLES AT THE PROPERTY LOCATED AT 2520 SOUTH BIRCH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2005-03 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 11, 2005. Conditional Use Permit No. 2005-03 has been filed with the City of Santa Ana seeking to allow the overnight parking of ice cream, delivery, and packaged grocery vehicles in the Light Industrial zoning district at 2520 South Birch Street. B. C. The City's zoning code does not specifically designate a zoning district where vending vehicles can be stored or parked overnight. The parking of vending vehicles is a use similar in nature to a freight, bus and truck terminal, which allows the storage and scale vehicles with a conditional use permit in the Light Industrial (M-1) zone. Pursuant to Santa Ana Municipal Code Section 41-472.5, a Conditional Use Permit is required for Freight, Buss and truck terminals. D. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? i. The number of vending trucks parked overnight in residential areas will decrease if an alternative location is provided that is safe from vandals and other hazards. Also, by decreasing the amount of vending trucks that are currently being parked overnight on City streets this will free up additional parking 31 F-17 Resolution No. 2005-09 Page 1 of 4 4. 2. spaces that are needed for parking in local neighborhoods. As such, this facility will contribute to the general well being of local neighborhoods and the community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? 3. The City's zoning code does not specifically designate a zoning district where vending vehicles can be stored or parked overnight. The Planning Division has reviewed the zoning code and recommended to the Planning Commission that the parking of vending vehicles is a use similar in nature to a freight, bus and truck terminal, which allows the storage and dispatch of larger scale vehicles in the Light Industrial (M-1) zoning district with a conditional use permit. The subject site is located in the M-1 zoning district and is surrounded by industrial uses. The use is compatible with the industrial character of the area and therefore would not be detrimental to the general welfare of persons residing or working in the vicinity. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The parking of vending trucks at the facility will not adversely affect the economic stability or economic development of properties in the surrounding area. The use is appropriate in an industrial zone and the project has been conditioned to only allow trucks that vend packaged food items and do not cook or prepare food on the vehicle to park at the facility. The project will help rehabilitate a site that has over time become deteriorated. The economic investment in the site will stimulate additional investment in the area, which will have a positive effect on the economic stability and future economic development in the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The Planning Division has reviewed the zoning code and recommended to the Planning Commission that the parking of vending vehicles, where food is not prepared or cooked on the vehicle, is a use similar in nature to a freight, bus and truck terminal, which allows the storage and dispatch of larger scale vehicles in the Light Industrial (M-1) zoning 31 F-18 Resolution No. 2005-09 Page 2 of 4 district with a conditional use permit. The property is considered legal nonconforming and improvements are being made to the site to bring the property into closer compliance with city codes as specified in Chapter 41 for such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The project has been reviewed by the Planning Division and recommended to the Planning Commission that the parking of ice cream, delivery and packaged grocery vehicles is an appropriate use with a conditional use permit in the Light Industrial district and therefore is also consistent with the General Plan designation of industrial for the area. There are no specific plans that govern development in the area. Therefore, the project would not adversely affect the General Plan or any specific plans of the City. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows rehabilitation of damaged facilities and structures. Categorical Exemption Environmental Review No. 2004-176 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated April 11, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. F. ADOPTED this 11 th day of April, 2005 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners: Commissioners: De La Torre. Leo. Lutz. Mondo. Nalle (5) Cribb (1) None (0) Gartner (1 ) Commissioners: Commissioners: Glenn Mondo Chairperson 31 F-19 Resolution No. 2005-09 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 11 , 2005. Date: Planning Commission Secretary City of Santa Ana 31 F-20 Resolution No. 2005-09 Page 4 of 4 Conditions for Approval for Conditional Use Permit No. 2005-03 Conditional Use Permit No. 2005-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee and the site plan approved for this development project (DP No. 04-056). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. This conditional use permit does not apply to vending vehicles, lunch wagons, mobile food preparation units or any other vehicles where food items are prepared or cooked on the vehicle. These vehicles shall not be parked or stored on the site without a new conditional use permit being approved by the City Council. 4. No washing of vehicles or vehicle repair is permitted at this facility. 5. Prior to issuance of a Certificate of Occupancy, all deteriorated pavement and potholes shall be repaired and the site slurry coated. All parking areas shall be striped as designated on the approved plan. 6. The site shall be maintained free of potholes and deteriorated paving as part of a normal maintenance schedule. 7. No barbed wire shall be allowed or used at the facility. 8. The site shall be maintained litter free and kept in a clean and safe condition. All boxes shall be broken down flat before they are put in trash bins. All trash bins shall be emptied on a regular basis so that the site remains litter free and trash does not accumulate and overflow from bins. EXHIBIT "A" P~F~~1 9. 10. 11. 12. 13. 14. B. The size of the trucks parked at the facility are limited in size to those that fit in the designated parking spaces shown on the approved site plan. Trucks are not permitted to be parked in designated drive aisles or fire lanes. All graffiti shall be removed within 24 hours. Prior to issuance of a Certificate of Occupancy, an eight foot high masonry wall shall be provided to replace the chain link fence adjacent to Central Avenue. At the base of the wall, irrigated vine pockets planted with Boston Ivy shall be provided every 15 feet to cover the masonry wall. The vines shall be irrigated and maintained in good condition for the life of the conditional use permit. Prior to issuance of a Certificate of Occupancy, all trash enclosures shall be equipped with locking covers or lids. Prior to issuance of a Certificate of Occupancy, a landscape plan shall be approved by the City that provides trees and landscaping to the extent practicable along all street frontages occupied by this project. To the extent permitted by the Santa Ana Municipal Code, all vending vehicles parking at the facility must first obtain a valid Santa Ana City Business license and/or other necessary permits or licenses which shall be posted on the vehicle. Police Department 1. Existing building and parking lot lighting must conform to the Building Security Ordinance. These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. EXHIBIT "A" p~ ~~22