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HomeMy WebLinkAbout2005-09 RESOLUTION NO. 2005-09 KO - 4/12/05 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. B. 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. 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. D. Pursuant to Santa Ana Municipal Code Section 41-472.5, a Conditional Use Permit is required for Freight, Buss and truck terminals. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 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 Resolution No. 2005-09 Page 1 of 4 • 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. 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 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. 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 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. 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 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 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. F. 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. ADOPTED this 11th day of April, 2005 by the following vote: AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle (5) NOES: Commissioners: Cribb (1) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Gartner (1) (' Glen Mondo 'L Chairp rson Resolution No. 2005-09 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. tto Assista 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: ~~/- U.S~ Planning Commissio reta City of Santa Ana 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 rip or 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 (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" Page 1 of 2 • 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 practicable along all street frontages occupied by this project. 14. 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. 15. To the extent required under 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. 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. EXHIBIT "A" Page 2 of 2