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HomeMy WebLinkAboutRESO 2016-09_2419 S Broadway (Food Commissory & Terminal)LS 3.28.16 RESOLUTION NO. 2016-09 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(1) 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 41-638, 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. 2016-09 Page 1 of 7 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. 4. 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 by the Planning Division and a determination has been made that the proposed commissary and truck terminal will not adversely affect the General Plan. The proposed use is compatible with the Resolution No. 2016-09 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 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. Resolution No. 2016-09 Page 3 of 7 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: Alderete, Bacerra, Bauer, McLoughlin, Mill, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) V V� Gartner APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: c Lisa Storck Assistant City Attorney Resolution No. 2016-09 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. 2016-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date.. I � Acting Recording Secretary City of Santa Ana Resolution No. 2016-09 Page 5 of 7 EXHIBIT A 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. A. Planning Division 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. 7. All graffiti shall be removed within 24 hours. 8. Prior to issuance of a Certificate of Occupancy, all trash enclosures shall be equipped with locking covers or lids. Resolution No. 2016-09 Page 6 of 7 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. 2016-09 Page 7 of 7