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HomeMy WebLinkAbout31A - CUP - 2419 S BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 19, 2016 TITLE: CONDITIONAL USE PERMIT NO. 20116-03 TO ALLOW A FOOD COMMISSARY AND FOOD TRUCK TERMINAL AT 2419 SOUTH BROADWAY — ARAFAT ABDELKARIM, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY M GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED r As Recommended ❑ As Amended Ordinance on 1" Reading Ordinance on 200 Reading Implementing Resolution Sat Publio Hearing For_ CONTINUED TO FILE NUMBER Receive and fife the staff report approving Conditional Use Permit No. 2019 -003 as conditioned. At its regular meeting on March 28, 2016 a vote of 8:0 (Gartner absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2019 -03 as conditioned to allow a food commissary and food truck terminal at 2419 South Broadway located in the Light Industrial (M -1) zoning district, The Planning Commission made no changes to the recommendation outlined In the attached staff report (Exhibit A). Arafat Abdelkarim, representing the OC Food Truck Company, Is requesting approval of a conditional use permit to allow a food commissary and truck terminal at 2419 South Broadway. The site is approximately .12 acres and is located mid-block on South Broadway between West Warner Avenue to the north and West Central Avenue to the south and is developed with a 4,000 - square -foot industrial building. The remaining 25,000 - square -foot yard will be enclosed by an eight-foot-high perimeter block wall and will be utilized for food vending trucks to park. The existing industrial building will function as a food commissary and prep area, as well as a cleaning area for cooking equipment. Truck commissaries are regulated by the Orange County Department of Health Services which requires a hygienic location for the mobile vending trucks. Since the original date of construction in 1980, the site has been occupied by food vending businesses, however, the site remained vacant for a period of 12 months, and a new conditional use permit is required before the truck terminal can operate. Full -sized site plans are available for public viewing In the Clerk of the Council Office. 31A-1 Commissary & Food Truck Terminal 2419 South Broadway STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Objective #2 (create new opportunities for business/job growth development through new General flan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. H scan Haghani, AICP sib Executive Director Planning & Building Agency IO:rb IQ; lorozoolplanning commlaalon1241 g 8 8roadwaylCUP.2019•Qa.00 Food Track Cammlasary.co Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development„ and encourage private 1 FOR PI �. MARCH 28, 2016 TITLE: PUBLIC HEARING - FILED BY ARAFAT ABDELKARIM FOR CONDITIONAL USE PERMIT NO. 2016 -03 TO ALLOW A FOOD COMMISSARY AND FOOD TRUCK TERMINAL AT 2419 SOUTH BROADWAY (STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco Ex� ut� "rector APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager Adopt a resolution approving Conditional Use Permit No. 2016 -03 as conditioned. Request of Applicant Arafat Abdelkarim, representing The OC Food Truck Company, is requesting approval of conditional use permit to allow a food commissary and food truck terminal at 2419 South Broadway. Freight, bus and truck terminals require approval of a conditional use permit pursuant to Section 41- 472.5(i) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project site is located mid -block on South Broadway between West Warner Avenue to the north and West Central Avenue to the south and is developed with a 4,000- square -foot industrial building; the remaining 25,000 - square -foot yard will be enclosed by an eight foot high perimeter block wall. The site is approximately 0.84 acres in size and is zoned Light Industrial (M -1) which is consistent with the General Plan designation of Industrial (IND) for the area. The site is surrounded on all sides by industrial uses such as manufacturing and warehouses. Uses such as food commissary and truck terminals are consistent with this General Plan land use designation as truck terminals are a conditionally permitted use in the M1 Zone (Exhibits 1, 2 and 3). Project Description The OC Food Truck Company is proposing a full service catering truck terminal with commissary amenities located within an existing industrial building. The company will provide the necessary areas for food trucks parking, and for the trucks to be washed and restocked daily. The existing industrial building will function as a food commissary and prep area, as well as a cleaning area for cooking equipment. Truck commissaries are regulated by the Orange County Department of Health Services which requires a hygienic location for the mobile vending trucks. EXHIBIT A 31A-3 - Conditional Use Permit No. 2016 -03 March 28, 2016 Page 2 The OC Food Truck Company is also proposing 24 -hour surveillance for the site, since the facility will be accessed by vendors 24 hours a day. Electrical and water hook -ups will be provided in the parking area to supply the necessary utilities in order to keep the refrigeration units operating while the vehicles are parked, and to fill up the water reservoir tanks that are used on the trucks. A new trash enclosure will also be constructed to meet the City specifications for the proposed use. Lighting will be added throughout the site and the building to comply with the Police Department requirements as per the building security ordinance. The parking area is well maintained and will require minor improvements such as restriping. The project proposes to park approximately 43 commercial food vending trucks. Employees will use the spaces vacated by the food trucks for parking during the operating hours. No vehicle repair is proposed on -site (Exhibits 4 and 5). Proiect Background The site was developed in 1986 with the construction of a 4,000 - square -foot industrial warehouse building. Shortly after the construction of the building, a business license was issued to allow a catering truck facility. Over the years, the site has changed ownership but the use has remained consistent. The latest food vending businesses to occupy the site were the Southern California Association of Independent Catering established in 1987 and Independent Dairy Drivers LLC, in 2004. Finally, Abel's Towing occupied the site in 2007, as an impound yard and remained there for several years. In late 2014, the property was acquired by Mr. Arafat Abdelkarim who is proposing to operate the OC Food Truck Company. To provide essential amenities for a catering truck facility, the site constructed a truck wash catch basin and sand /grease interceptor were installed to service the prior food vending businesses. Since the truck terminal use was stopped for a period of 12 months, a new conditional use permit will be required. Pro, i Analysis Food truck establishments have been permitted as truck terminals. Currently there are four sites in the City that serve as commissaries for produce and truck terminals. After careful review of the application, the Planning Division determined that these commercial vehicles are similar in nature to the vehicles stored at freight, bus, or truck terminals, which allow for the storage and dispatch of larger scale commercial vehicles with a conditional use permit in the Light Industrial zone. Furthermore, the proposed site has been used as a truck terminal and has the infrastructure necessary for this type of operation. The existing building will perform as a food commissary which is a key part of the daily operations for food truck vending. As part of the development review portion of the project, staff worked with the applicant to identify improvements required in tandem with the proposed commissary and truck terminal facility. Most of the improvements are minor and include lighting and security measures. Furthermore, the two existing individual parcels are required to be merged into one single parcel. 31A-4 Conditional Use Permit No. 2016 -03 March 28, 2016 Page 3 Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community; that the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; that the proposed use will not adversely affect the economic stability or future economic development of properties surrounding the area; that the proposed use will comply with the regulations specified in Chapter 41 for such use; and, that the proposed use will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The Planning Division has reviewed the application and proposal and has determined that because of the nature of operations, it is similar in nature to the operations of a freight, bus and truck terminal. The proposed food commissary and food truck terminal at its proposed location would require approval of a conditional use permit, along with approval from the Orange County Department of Health Services, The Light Industrial Zone provides operational standards for all uses with the zoning designation as an enforcement measure to keep businesses in compliance with City standands. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. The project site is not located within an established neighborhood association. The project site was posted with a notice advertising this public hearing, a notice was published in the Grange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site_ At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows for the operation, repair, maintenance, or minor alteration of existing public or private structures and facilities, involving negligible or no expansion of the use beyond that existing at the time of the lead agency's determination. 31A-5 Conditional Use Permit No. 2016 -03 March 28, 2016 Page 4 The food commissary is an existing facility, requiring minor interior and exterior alterations such as plumbing and electrical improvements with no proposed building expansion. It has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. The food commissary and truck terminal is proposed to be located on a site that is not designated by the federal, state or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby industrial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2015 -12 will be filed for this project. Strategic Plan Alignment The project is consistent and supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 by creating new opportunities for business /job growth and encouraging private development through new General Plan and Zoning Ordinance policies. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Condition Use Permit No. 2016 -03 as conditioned. Assistant Planner I IO:jm 10: lorozcolplanning commission \2419 S Broadway =P 2016 -03 OC Food Truck Commissary.po Attachments: Exhibit 1 — Vicinity Map Exhibit 2 —Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-6 RI 121 RD sn� a�� sr Ri Rl r RI t RI RI M RI i t III it RI a ft1 RI t El C2 1- 81 1:0 C2 MI ml C2 i —RI It III Rl RI RI III r!'7R. —i % ml ii MI TE Mt C2 C2 f- RI III III RI III L Mt Ri 125- cz ml C5 II c 0 It RI CR IT= ---ii -A II HI Ri Lt ------- I-- II cl At CENERALAGRWLTURALf CR COMMIJUALSMODNIIAL m SNGLEFAMILYRESDENIX -B PAWNGIACEIMA110N PC CKAEMMENTCRM m TNDFAMIMESEENCE C-gVl (DOMMERCIALM"IMAIN ml UUMNOUSIRIAL FE MuLnREDEP191YMIJORE C7 MMMUNPI-YOOMMEMAL M2 PEAVYINDUSMAL FAMILYPESDUCE C� MD C0MM.()0WMAUMUD3JvIDlSrRCT mo MUTAWOPEPATIOMS III SMIRFANAFARMTS C2 MEFALCOMMEFIDAL 0 OPEN .AkCE PE FMOROALESTATE C3 WILPALaJONEM p PRORERWL a) SAMECDEVROPMENT C&A CENTRAL BUSNESSARTISTMI-LADE PCD PLANNED 0CMMUNITY D&E.GPMENT SP SFEDI'D]FLAN C4 PLANNEDEHOPPINGMIPIR KID PLANNED C5 ARTERIALCOMMEMAL CUP 2016-3-OTH OC FOOD TRUCK CO. COMMISSARY 2419 SOUTH BROADWAY 500 FEU 1000 FEET L -_A N N -IN G- -AN D 8 iU I L D I N G A G E N C Y MUT I 31A-7 SCHOOL WARNER AVENUE OFFICE COMMERCIAL `z w w w w � h tY v V H vi V w O V Q J [} d d Z � 0 m w S m V m - 4 _ V m EXISTING LANG USE MAP EXHIBIT 2 31A-8 CUP 2016 -3 -0TH OC FOOD TRUCK CO. COMMISSARY r, 2419 SOUTH BROADWAY P L A N N I N G A N D B U I L D I N G A G E -NC Y V F- V ¢ u_ L V w C C w w, CL V � 2 � [c O V H u_ Z CUP 2016 -3 -0TH OC FOOD TRUCK CO. COMMISSARY r, 2419 SOUTH BROADWAY P L A N N I N G A N D B U I L D I N G A G E -NC Y RMO � � - w� \/� � \ \ \ \ \ � .= « \ \ _ � < . � I � � - w� \/� C� 2 \ \ .= « © \ 2. ^\ «� \ \ ©\ §\ \ EXHIBIT 21A.10 ..\ .. r _ i ,r Ci eP i i�i r 8 ir� ii{ 1 � }C i ii fi I I UF ! �i 7{ •„ it v� ,. 31A-1 1 f. PY141 kIT r LS 3.28.16 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -03, AS CONDITIONED, TO ALLOW A FOOD COMMISSARY AND FOOD TRUCK 'TERMINAL LOCATED AT 2419 SOUTH BROADWAY 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 is requesting approval of Conditional Use Permit No. 2016 -03 to allow a food commissary and truck terminal located at 2419 South Broadway. B. Santa Ana Municipal Code Section 41- 472.5(i) requires a conditional use permit for a freight, bus, and truck terminal. C. On March 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -03. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 4.1 -638, have been established for Conditional Use Permit No. 2016 -03 to allow for a food commissary and truck terminal: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The project will provide a full service facility necessary for mobile food vendors to operate in the City of Santa Ana. This terminal will facilitate the organization, dispatch and regulatory operations for food trucks that require frequent inspections by the Department of Health Services. The facility will provide a location to securely park, restock and clean the vehicles, decreasing the number of likely food trucks parking on residential streets. 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? Resolution No. 2016 -xx Page 1 of 7 31A -12 The proposed facility is located within the Light Industrial (M1) zone and is consistent with the adjacent uses. The use is similar in nature to freight, bus, truck terminals and therefore will require approval of a conditional use permit, which is allowed in the Light Industrial zone. The site will provide the necessary amenities to food trucks to assure that vendors can provide quality service that will not jeopardize the health, safety and general welfare of the public. This will provide the appropriate water source that vendors need to prepare their food and ensure that cooking equipment is kept clean. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed facility will not adversely affect the economic stability or economic development of the surrounding area. The use is appropriate in an industrial zone and will provide employment through the food commissary and the food truck operations. Traditionally, food truck vendors purchase supplies through commissary buildings, and additional goods from local providers (meats, beverages, vegetables and cleaning supplies). City and State agencies will receive taxes and fees from the proposed use since each truck will require a City business license and Health Department license in order to operate. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The Planning Division has reviewed the application and made the determination that the proposed use is similar in nature to a freight, bus and truck terminal which allows the storage and dispatch of large commercial vehicles in the Light Industrial (M1) zone with a conditional use permit. The property has been occupied with similar uses in the past and therefore provides the infrastructure to operate a food truck terminal. The proposed use will meet all the City and State Health Department regulations; furthermore, once operational, the commissary and site will be regularly inspected to guarantee all operational standards are followed. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The project has been reviewed a determination has been commissary and truck terminal General Plan. The proposed 31A -13 by the Planning Division and made that the proposed will not adversely affect the use is compatible with the Resolution No. 2016 -xx Page 2 of 7 adjacent industrial uses in the area and is consistent with the goals and objectives of the Land Use Element. Goal 2 promotes land uses to enhance the economic and fiscal viability. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed food truck terminal and commissary will be located in an area compatible in nature to the uses surrounding the property. The site has already provided a location for similar uses, with infrastructure already in place to provide the essential amenities for the use. Further, Policy 2.6 encourages the creation of new employment opportunities in developments which are compatible with surrounding land uses. The proposed use will create additional employment opportunities inside the commissary building and food truck vendors, and will provide additional food options to residents and visitors to the City. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from further review per Section 15301. Class 1 exemption allows for the operation, repair, maintenance, or minor alteration of existing public or private structures and facilities, involving negligible or no expansion of the use beyond that existing at the time the lead agency's determination. The food commissary is an existing facility, requiring minor interior and exterior alterations such as plumbing and electrical improvements with no proposed building expansion. It has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. The food commissary and truck terminal is proposed to be located on a site that is not designated by the federal, state or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the use will be complementary to the nearby industrial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65562.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2015 -12 will be filed for this project. Resolution No. 2016 -xx Page 3 of 7 31A -14 Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -03, subject to the conditions outlined in Exhibit A. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 28, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of March, 2016, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney James Gartner Chairman 31A-15 Resolution No, 2016 -xx Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date: Acting Recording Secretary City of Santa Ana 31A -16 Resolution No. 2016 -xx Page 5 of 7 Conditions for Approval for Conditional Use Permit No. 2016.03 Conditional Use Permit No. 2016 -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 California Building Standards 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. 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -05). 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. No vehicle repair is permitted at this facility 4. No barbed wire shall be allowed or used at this facility 5. The site shall be maintained litter free and kept in a clean and safe condition. The boxes shall be broken down flat before they are put in the trash containers. All trash containers shall be emptied on a regular basis so that the site remains litter free and trash does not accumulate and overflow from the bins. 6. The sizes 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, all trash enclosures shall be equipped with locking covers or lids, Resolution No. 2016 -xx Page 6 of 7 31A -17 9. To the extent permitted by the Santa Ana Municipal Code, all vending vehicles parked 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. Resolution No. 2016 -xx Page 7 of 7 31A -18