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Home My WebLink About30A - 2520 S. BIRCH ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 5, 2006 TITLE: AMEND CONDITIONAL USE PERMIT NO. 2005-03 TO ALLOW THE WASHING AND OVERNIGHT PARKING OF ALL TYPES OF VENDING VEHICLES AT 2520 SOUTH BIRCH STREET - ABEL SALAZAR, APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For jAPPLI?2d7!L-- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving modifications to Conditional Use Permit No. 2005-03 as conditioned. PLANNING COMMISSION ACTION On May 22, 2006, the Planning Commission approved modifications to Conditional Use Permit No. 2005-03 as conditioned by a vote of 6:0 (Gartner abstained) to amend conditions of approval to allow the washing and overnight parking of all types of vending vehicles in the Light Industrial (Ml) zoning district at 2520 South Birch Street. After receiving public testimony, the Planning Commission added a condition that a review of the project be placed on the Planning Commission agenda at 60 days, six months and prior to issuance of the Certificate of Occupancy. The conditions of approval are outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. Trevino utive Director Planning & Building Agency BA:rb ba\reports2006\cupOS-03 Abel condition mod.cc 30A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: MAY 22, 2006 TITLE: PUBLIC HEARING - FILED BY ABEL SALAZAR TO AMEND CONDITIONAL USE PERMIT NO. 2005-03 TO ALLOW THE WASHING AND OVERNIGHT PARKING OF VENDING VEHICLES AT 2520 SOUTH BIRCH STREET IN THE LIGHT INDUSTRIAL ZONING DISTRICT Prepared by Bill Apple APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~xecutive Director l~~ Planning Manag RECOMMENDED ACTION Adopt a resolution approving modifications to Conditional Use Permit No. 2005-03 as conditioned. DISCUSSION Request of Applicant Abel Salazar of Abel Food Service is requesting to amend conditions of approval for Conditional Use Permit No. 2005-03 to allow additional types of catering trucks and vending vehicles to be parked at 2520 South Birch Street in the Light Industrial zoning district. In addition, the application request would allow for the washing of these trucks in order to comply with County of Orange Environmental Health requirements. 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. A plant storage use operates on the southern portion of the property. 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. Abel Food Service will occupy 2.88 acres on the north side of the site (Exhibits 1 and 2). EXHIBIT A 30A-2 Modification to CUP No. 2005-03 May 22, 2006 Page 2 Project Description This project would allow for the installation of a new wash canopy that will 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. The exterior of the 2.88 acre site will be used as a location where owners of catering trucks, including those trucks where food is prepared or cooked on the vehicle, can park their trucks when they are not conducting business, whether in Santa Ana or other communities. Previous approvals allow up to 212 vehicles to be parked at the facility. The trucks are tandem parked, one behind another, leaving a central drive aisle for access and vehicle circulation. Employees use spaces vacated by the vending trucks for parking. Independent truck operators purchase food items from the on-site grocery warehouse. Trucks leave the site daily to conduct their normal business activities, returning in the late afternoon and evening to park their vehicles (Exhibit 3) . Electrical hook-ups are 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 and Central Avenue. No vehicle repair is proposed at the facility. Vehicle repair, when necessary, will take place off site at independent repair facilities. Analysis of the Issues 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. Abel Food service is requesting to amend two of the original project conditions for CUP No. 2005-03 pertaining to the washing of vehicles at the facility and the types of vehicles allowed to park at the facility (See attached Resolution). The specific conditions that are requested to be amended are outlined below along with a staff analysis of the issues pertaining to each request. 30A-3 Modification to CUP No. 2005-03 May 22, 2006 Page 3 On-Site Parking of Vending Vehicles Condition No.3 of CUP 2005-03 states: "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." This condition restricts the type of trucks parked at the facility to vending trucks that sell packaged food and uncut produce items. These vehicles include ice cream, delivery and packaged grocery trucks as defined by the Orange County Health Department. The original condition restricted the type of trucks parked at the facility to vending trucks that sell packaged food and uncut produce items because the applicant did not at that point intend to provide washing bays, canopies, oil and grease interceptors, grease bins, clarifiers and other proj ect infrastructure needed to accommodate trucks that cook and prepare food on their vehicles. This type of truck is not seen as problematic, and thus the prior restriction was based on the lack of appropriate facilities to service them. The applicant is now prepared to invest in the necessary infrastructure required to meet City and County "Best Management Practice" requirements (BMP's), which clears the way to service these trucks. On-site drainage systems will be incorporated that will keep the site clean and prevent pollutants and trash from discharging onto adj oining property, City streets and storm drain systems. Run off from washing and cleaning truck food preparation areas will drain to properly designed and sized grease interceptors connected to the sanitary sewer system. The operation will be licensed by the Health Department and will meet all Health Department and City requirements pertaining to the use. 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. Staff recommends that the Planning Commission modify the conditions of approval for Conditional Use Permit No. 2005-03 to remove Planning Division Condition No. 3 and allow all types of vending vehicles to be parked at the facility. 30A-4 Modification to CUP No. 2005-03 May 22, 2006 Page 4 On-Site Washing of Vending Vehicles Condition No.4 of CUP 2005-03 states: "No washing of vehicles or vehicle repair is permitted at this facility." This condition was a requirement of the original CUP since the applicant did not propose to provide the necessary vehicle wash bays, roof canopies, drainage systems, oil and grease separators and other infrastructure required to meet the City and County Best Management Practice requirements previously discussed. Since the applicant is now proposing to provide these systems, staff recommends that the Planning Commission modify the conditions of approval for CUP No. 2005-03 and modify Planning Division Condition No. 4 to allow the washing of vehicles at this facility. Vehicle repair, when necessary, will take place off site at independent repair facilities as prescribed in the original CUP. All other conditions of approval for CUP No. 2005-03 will remain in effect. Original project conditions require the site to be maintained litter free with regular trash bin pickups. The use of barbed wire is not 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. The subj ect site 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. There are no residential uses within 1,000 feet of the subject site. It is anticipated that the number of vending trucks that park overnight in residential areas will decrease if an alternative location is provided that is safe from vandals and other hazards. Based upon the above analysis and findings, staff recommends that the Planning Commission approve the amendments to Conditional Use Permit No. 2005-03 as conditioned. 30A-5 Modification to CUP No. 2005-03 May 22, 2006 Page 5 CEQA Compliance 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 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. , 13ALb ~ Bill Apple Associate Planner /n2' Vince Fregoso, Senior Planner fc1, AICP v(=l BA:jm ba\reports2006\cup05-03 Abel condition mod 05-22-06.pc 30A-6 R1 i R1 R1 R1 R1 R1 R2-B ~ R1 R2~ R2 f i,;, R2-8 R1 o R1 R1 R1 R1 ~fJ [T lJOR1 WARNER AV. ..-414l1' ~ ::: 2S8.!>3 R1 o C2 R1 R1 R1 R1 R1 R1 R1 M1 R2-PRD /-, , ......-" " II " )1 ,'..// )/ PROJECT SITE \ \ RAl AV R1 R1 R1 R1 R1 > R1 R3 R3 R3 Rl a Qa8BS SEGERSTROM AV 0 CR A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT CR GC M1 M2 MO o P PCD PRO ! I I R2 R1 R1 R2 R2 o R1 R1 R2 R2 R2 CE T R2 M1 M1 M1 M1 < c ~ M1 ~ M1 AA AV. < ~ AlTON AV. M1 r:- R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP m ?~ AMENDMENT TO CUP 05-3 ABEL FOOD SERVICE 2520 SOUTH BIRCH STREET A rPI' 1" = 1000 FEET P LAN N N G AND B U I L D EXHIBIT 1 30A-7 N G - = 500 FEET AGE N C Y ~ ~~ P LAN N I- UJ UJ ex: I- 00 COMMERCIAL INDUSTRIAL '" CENTRAL COMMERCIAL ct f- fJ) ::0 >- UJ 00 z ex: <( C) Cl <: I- UJ UJ ex: ,-.J I- '" ~ 00 _~~__~___ ~ I ~ -- ~ --~---L------ 0 o ~ () '" ~ t-= 00 :r: (,) ex: iii -.J () "< ct ~ I LlJ 11--- ~-- () CENTRAL AVENUE -.J ::: () "< ct LlJ :::; ct :::; f- 0 () fJ) ::0 Cl <: COMMERd/AL INDUSTRIAL AMENDMENT TO CUP 05-3 ABEL FOOD SERVICE 2520 SOUTH BIRCH STREET N G AND B U L D EXHIBIT 2 30A-8 N G A c9Y' AGE N C Y . >'<'0"" W111W. >> II ~~~~ ~~~~ LOLZ6 t!::> "'eUV Y~5 0 laaJ15 43J!S "5 OZ5Z j#t · ~~ I N t3 0..' ~~ " <( z!i a:)!AJas pOD:! laq\, ~ 1 r l i ~~ i '\1 << R~e~ ~ J . ~ g II ~ ______-OIo(I'~___ ~ 4 r-~--I ..~ , l;-t, L==--_ If .tr-.lIiI .o:-,i;f~1 .rr~ T~--t .o-.'~ !-, I {; I --,~ . ---'---' i a I ~ ~ , i i---t---. ~-----1 ~F ----J <~ I ~._- ---- II~~ l ~~ ~i I i! I i! } 'I' !~ I ! J I !~y ~ , ~ i i : d~ II, !'-d I. -J J8,/ ~, ffi~B __~_ , i/ 1[1 "tt-H': II J J +f' m-".E' 'l,[J r~ltll i I ! i+t, H:'j' ~~ - - j J J - ~ 0 1- j -; ~ I i i--it +-- ~ - - -~ ....u. 1 -!r - .l- .L33Bl.S H::>~18 .i i! ~~ 30A~-:'~~~~~T 23 EIDl z? ~~ ~~ ~ V> o z ~ ..... z ~ c.. w l- v; ~ i= ~ ill => Z ill ~~ Q...J ~ f- Z ill (.) , d~ I -1-- ./ ,f ,. .2 \.1) U >tu,...... a:~ C> ...t-,...... .......... Vl 0./ V1:c 0- ....... _0: 0: L..-.: CD ....... O:c a:: I- Z O=> a: Oa: Vll- \.L c> Z -.J~. f7i \.1)0./ CD a: ~ o Z a: ....... :::c ....... a: 0: :c Vl a: 3 It\ HHION . 30A-t020f2 =-=-~~=.~~f~ ~' / / I ~ '.:~ l I i 'J k,1 l)~ ~ - .c::c-c .=~ ~l .,,-.or ~ , " 2 " . ::: .= ~,- .cc . -= .J-1 -- .- - - .J bk - 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 NO. 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. A new 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 30A-11 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: 1. 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 30A-12 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 30A-13 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: AYES: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz, Rodriguez(6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Gartner (1) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant 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. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2006-012 Page 4 of 8 30A-14 EXHIBIT A Conditions for Approval 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. 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). (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. d. This conditional use permit does not apply to vonding vehicles, lunch \\'3gons, mobile food preparation units or any other vohiclos '.vhere food items ::Ire prepared or cooked on the vehicle. These vehiclos shall not be parked or stored on the site without a new conditional use permit being approved by City Council. (Modified by the Planning Commission on May 22, 2006) 4. No ':.'ashing of '.'ehicles or 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 30A-15 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 30A-16 that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. C. Public Works Aaency 1. Pollutant Control - NPDES ReQuirements. The Propertv is subiect to all Federal. State and local reQuirements of the National Pollutant Discharae Elimination Svstem (NPDES) adopted pursuant to the Federal Clean Water Act. Pursuant to a NPDES General Permit adopted bv the State Water Resources Control Board and the Countv NPDES Storm Water Permit Proaram. Drainaae Area Manaaement Plan (DAMP). a Water Qualitv Manaaement 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 Manaaement Practices (BMPs) and perform all maintenance imposed by DAMP and the Water Manaaement 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 Manaaement Plan" (wQMP) that includes the followina: a. Site Assessment. b. Site Desian BMPs. c. Applicable Routine Source Control BMPs. d. Selection and sizina of the Treatment Control BMPs. e. Mechanism(s) by which fundina for lona-term operation and maintenance of all Structural BMPs will be provided. f. Operation and Maintenance (O&M) Plan to describe the lona-term operation and maintenance reQuirements of all applicable Structural BMPs and to identify the entity in charae of implementation. (Added by the Planning Commission on May 22, 2006) Resolution No. 2006-012 Page 7 of 8 30A-17 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I 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 2nd, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2006-012 {COnditional Use Permit No. 2005-03) in this action 5y placing a true copy hereof enclosed in sealed envelopes addressed as foUows: 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 [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-012 Page 8 of 8 30A-18