HomeMy WebLinkAbout2006-12bk - 5/18/06
• RESOLUTION NO. 2006-012
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT
N0.2005-03 AS CONDITIONED FOR 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. Applicant. Abel Food Service. proposes to amend conditions of
approval of Conditional Use Permit No. 2005-03 to allow all types of
catering truck and vending vehicle to be washed and parked at his
facility.
. B. Anew wash canopy is proposed to be constructed with grease
interceptors and clarifiers that meet Health Department standards
and California building code requirements. A 40,000 square foot
grocery warehouse business was previously approved to operate
within the existing 140,000 square foot industrial building. The leased
warehouse space is located on the north side of the building with
access to the business occurring from Central Avenue.
C. On April 11, 2005 the Planning Commission approved Conditional
Use Permit No. 2005-03 to permit the overnight parking of up to 212
packaged grocery vehicles at 2520 South Birch Street.
D. The proposed amendment to Conditional Use Permit No. 2005-03
came before the Planning Commission of the City of Santa Ana for a
public hearing on May 22, 2006.
E. Condition No. 3 of Conditional Use Permit No. 3005-03 currently
provides that: "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."
Resolution No. 2006-012
Page 1 of 8
F. Condition No. 4 of Conditional Use Permit No. 2005-03 currently
• provides that: "No washing of vehicles or vehicle repair is permitted
at this facility."
G. The Planning Commission determines that the following findings,
which must be established in order to grant this amendment to the
Conditional Use Permit from the provisions of the Santa Ana
Municipal Code Section 41-638, have been established:
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
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.
• 2. 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?
The subject site is located in the M-1 zoning district and
is surrounded by industrial uses. The Public Works
Agency has added project conditions to ensure the
applicant remains in compliance with all Federal, State
and local requirements of the National Pollutant
Discharge Elimination System (NPDES) adopted
pursuant to the Federal Clean Water Act. A Water
Quality Management Plan (WQMP) must be prepared,
approved by the City, and carried out by the Property
Owner. This plan will be recorded with the County
Recorder's office to ensure that the WQMP and all of its
maintenance requirements run with the land.
The use is compatible with the industrial character of
the area and with the added project conditions the use
would not be detrimental to the health, safety, or
general welfare of persons residing or working in the
vicinity. There are no residential uses within 1,000 feet
of the subject site.
Resolution No. 2006-012
Page 2 of 8
3. 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 site is
surrounded by other industrial uses. 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.
4. 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 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
property is considered legal nonconforming and
improvements have been made to the site that 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 was originally approved by the City Council
in April 2005 and a determination was made that the
parking of vending vehicles is 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.
H. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review pursuant to
Section 15301. This Class 1 exemption allows the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of
existing facilities and structures. Categorical Exemption
Environmental Review No. 2006-80 will be been filed for this project.
Resolution No. 2006-012
Page 3 of 8
Section 2. The Planning Commission of the City of Santa Ana after
conducting the public hearing hereby approves the amendment to Conditional Use
Permit No. 2005-03 as conditioned in Exhibit A attached hereto and incorporated as
though fully set forth herein. This decision is based upon the evidence submitted at
the abovesaid hearing, which includes but is not limited to: the Requests for
Planning Commission Action dated May 22, 2006 and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 22nd day of May 2006 by the following vote:
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•
AYES: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz,
Rodriguez(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Gartner (1)
Christop er Leo
Chairm n
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:_
Ben
ChiE
stant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest
to and certify the attached Resolution No. 2006-012 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on May 22, 2006.
r~,11
Date: r/ ~~ y~/
Secretary of th tanning mission
City of Santa Ana
Resolution No. 2006-012
Page 4 of 8
• Conditions for Approval
EXHIBIT A
The modification to 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. 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 4-A51}}. (Modified by the
Planning Commission on May 22, 2006)
•
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.
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e
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(Modified
by the Planning Commission on May 22, 2006)
4. No vehicle repair is permitted at this facility.
(Modified by the Planning Commission on May 22, 2006)
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.
•
Resolution No. 2006-012
Page 5 of 8
• 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.
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.
10. All graffiti shall be removed within 24 hours.
11. 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.
12. Prior to issuance of a Certificate of Occupancy, all trash enclosures
shall be equipped with locking covers or lids.
13. 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 possible along all street frontage occupied by this
project.
14. An update on the status of the project shall be placed on the
Planning Commission agenda at 60 days, six months and prior to
issuance of the Certificate of Occupancy. (Item added by the
Planning Commission on May 22, 2006.)
B. Police Department
1. Existing building and parking lot lighting must conform to the
Building Security Ordinance. These code conditions will require
Resolution No. 2006-012
Page 6 of 8
that the existing projects lighting, door/window locking devices and
• addressing be upgraded to current code standards.
C. Public Works Actency
Pollutant Control -NPDES Requirements. The Property is subject
to all Federal, State and local requirements of the National Pollutant
Discharge Elimination System (NPDES) adopted pursuant to the
Federal Clean Water Act. Pursuant to a NPDES General Permit
adopted by the State Water Resources Control Board and the
County NPDES Storm Water Permit Program, Drainage Area
Management Plan (DAMP), a Water Quality Management
Plan(WQMP) must be prepared, approved by the City, and carried
out by the property owner (See below for further requirements).
The WQMP must be recorded with the County Recorder's office to
ensure that the WQMP and all of its maintenance requirements run
with the land. The Property Owner shall comply with all Best
Management Practices (BMPs) and perform all maintenance
imposed by DAMP and the Water Management Plan. (Added by
the Planning Commission on May 22, 2006)
2. The property owner must prepare and submit for approval to the
• City Public Works Department a "Water Quality Management Plan"
(WQMP) that includes the following
a. Site Assessment.
b. Site Design BMPs.
c. Applicable Routine Source Control BMPs.
d. Selection and sizing of the Treatment Control BMPs.
e. Mechanism(s) by which funding for long-term operation and
maintenance of all Structural BMPs will be provided.
f. Operation and Maintenance (O&M) Plan to describe the
long-term operation and maintenance requirements of all
applicable Structural BMPs and to identify the entity in
charge of implementation. (Added by the Planning
Commission on May 22, 2006)
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Resolution No. 2006-012
Page 7 of 8
•
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
am employed in the aforesaid county; I am over the age of eighteen and
not a party to the within action; my business address is 20 Civic Center Plaza,
Ross Annex 2"d ,Santa Ana, California 92702.
I served the foregoingg document described as: Resolution No. 2006-012
Conditional Use Permit No. 2005-03 in this action by p acing a rue copy
t ereo enc ose m s a ~enve oNes addressed as follows:
Abel Salazar
Abel Food Service
2520 South Birch Street
Santa Ana, CA 92707
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be
deposited with U.S. Postal Service on that same day with postage thereon fully
• prepaid at Santa Ana, California in the ordinary course of business. I am aware
that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Executed on June 13, 2006 at Santa Ana, California.
MA RAM I R
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Resolution No. 2006-012
Page 8 of 8