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Resolution No. 5685 RESOLUTION NO. 5685 1 A RESOLUTION OF THE CITY COUNCIL OF THE 2 CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT TO ATLANTIC DISCOUNT CENTER FOR THE 3 OPERATION OF A RETAIL COMMERCIAL USE WITH A FLOOR AREA OVER 10,000 SQUARE FEET AT 4 3030 ATLANTIC BOULEVARD 5 WHEREAS, Myoung Ho Kim, dba Atlantic Discount Center 6 has applied for a conditional use permit to operate a retail 7 commercial use/mini mall with a floor area of 180,000 square 8 feet at 3030 Atlantic Boulevard; and 9 WHEREAS, the City Council of the City of Vernon held 10 a hearing on said application for a conditional use permit on 11 November 7, 1989; and 12 WHEREAS, the proposed use conforms to the Comprehen- 13 sive Zoning Ordinance; and 14 WHEREAS, the proposed use will occupy over 10,000 15 square feet and requires a conditional use permit under the 16 Zoning Code; and 17 WHEREAS, the proposed site is of adequate size and 18 shape for the proposed operation; and 19 WHEREAS, the proposed site is surrounded by residen- 20 tial and industrial uses compatible with the proposed use and 21 no adverse noise, odor, dust, smoke, light or glare, or risk 22 of fire, infection or explosion is anticipated from the 23 proposed operation; and 24 WHEREAS, the site has adequate access to Atlantic 25 Boulevard (95 feet wide), and it is anticipated that traffic 26 will travel to the site from the cities of Maywood and Com- 27 merce using Atlantic Boulevard. This street is of adequate 28 size to handle the traffic generated from the proposed 1 r 1 operation; and 2 WHEREAS, there are no conditions imposed by state or 3 Federal laws; and 4 WHEREAS, the conditions imposed on the conditional 5 use permit will adequately protect the public health, safety 6 and general welfare, and the operation is consistent with all 7 applicable rules and laws of the City of Vernon; and 8 WHEREAS, the proposed use is consistent with the 9 General Plan and the Comprehensive Zoning Ordinance of the 10 City of Vernon. 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 12 OF THE CITY OF VERNON AS FOLLOWS: 13 SECTION 1: That the City Council of the City of 14 Vernon hereby finds and determines that the recitals contained 15 hereinabove are true and correct. 16 SECTION 2: That the conditional use permit is 17 hereby granted to Atlantic Discount Center for the operation 18 of a retail commercial use with an area of 180,000 square 19 feet at the building located at 3030 Atlantic Boulevard. 20 SECTION 3: In order to adequately protect the 21 public health, safety and general welfare the following condi- 22 tions are imposed: 23 a. The facility shall be operated in accordance with 24 the appropriate codes, rules, regulations and subject to 25 permit fees as adopted by the City of Vernon. 26 b. The number of parking and loading spaces required 27 per the City of Vernon Comprehensive Zoning Ordinance shall 28 be provided and maintained. The minimum number of spaces 2 r 1 provided shall accommodate the vehicles for each vendor, 2 employee, visitor and any other person normally transacting 3 business at said building. All parking and maneuvering 4 areas shall be paved. 5 c. All retail sales shall be restricted to new items 6 and the sale of used items shall not be permitted. 7 d. All vendors shall have a sales tax permit from the 8 state Board of Equalization for the 3030 Atlantic Boulevard 9 address. This permit shall bear the City of Vernon Tax Num- 10 ber 19039. 11 e. All vendors shall have a valid City of Vernon Busi- 12 ness License. This Business License will not be issued un- 13 til the vendor has obtained the above stated Sales Tax Per- 14 mit. The vendor shall submit proof of the sales Tax Permit 15 to the City Clerk's office when applying for a Business 16 License. 17 f. The owner shall provide a cash register system with 18 a central computer which shall record the individual sales 19 of each vendor. Each vendor shall register all sales on a 20 cash register connected to the central computer. The 21 central computer records shall be confidential and shall be 22 disclosed only to the owner and to the City of Vernon. Any 23 vendor failing to register sales on the cash register shall 24 have his business license revoked and the owner shall have 25 his conditional use permit revoked unless corrective 26 measures are taken. 27 g. Each vendor shall obtain an occupancy permit from 28 the City of Vernon. 3 1 h. The owner shall deposit funds in an amount deter- 2 mined by the Director of Community Services in order to con- 3 struct a traffic signal at Atlantic Boulevard and the dis- 4 count center driveway access. The signal shall include 5 poles, signals, controller cabinets, loops, illuminated 6 signs, pedestrian warning, traffic striping, signal 7 synchronization and any other necessary apparatus. The 8 owner shall also provide an easement at the driveway access 9 for traffic loops. The owner shall fund the construction of 10 a raised median and left-turn lane in Atlantic Boulevard and 11 the construction of a guardrail on the west side of Atlantic 12 Boulevard. All locations for the above mentioned construc- 13 tion shall be determined by the Director of Community Serv- 14 ices. The design for said improvements will be provided by 15 the City. The construction will be by the City or its con- 16 tractor as directed by the Director of Community Services. 17 The owner shall dedicate to the City of Vernon a maximum of 18 twenty feet of frontage for the purpose of widening Atlantic 19 Boulevard in order to accommodate the left-turn lane(s) and 20 to improve the southbound freeway access. Exact width of the 21 strip of land will be determined upon completion and ap- 22 proval of street and signal plans. The owner shall construct 23 frontage improvements as determined by the Director of Com- 24 munity Services. This shall include new sidewalks and the 25 relocation of driveways. Where parking adjoins a public 26 street, a landscaped area, a minimum of five feet in width 27 measured from the property line, shall be established and 28 maintained. Adequate curbing shall also be provided to stop 4 , 1 vehicles from entering the landscaped area. 2 i. An eight foot high chain link fence or approved 3 equal shall be constructed along all property lines of the 4 two most easterly parcels of said site. An eight foot high 5 fence shall also be constructed where the westerly parcel 6 property line adjoins the railroad right-of-way and for the 7 L.A.D.W.P. right-of-way. The owner shall construct railroad 8 protection where there is access crossing railroad right-of-way 9 including automatic gates and flashing signals as directed by the 10 Los Angeles Junction Railroad Company, Public utilities Commis- 11 sion and the Director of Community Services. 12 j. The owner shall obtain an occupancy permit from the 13 Building Department for the building at 3030 Atlantic Boulevard. 14 The owner shall bring said building into conformance with current 15 Building and Zoning Codes, as adopted by the City, prior to any 16 occupancy. Particular attention should be paid to the seismic 17 requirements. 18 k. The owner shall submit all plans to the Building Depart- 19 ment for approval, including site, parking and floor plans, prior 20 to any construction. Plans submitted with the conditional use 21 permit shall not be construed as an approval of any plans. 22 1. The owner shall install new fire hydrants and replace 23 existing hydrants according to City of Vernon standards as 24 directed by the Vernon Fire Department. An indoor sprinkler sys- 25 tem, valves and other appurtenances shall be installed in con- 26 formity with the edition of the Uniform Fire Code which is in ef- 27 fect at the time of installation. 28 m. A minimum of five (5) security guards shall be employed 5 1 at this site during business hours. A minimum of two (2) 2 security guards shall be provided when the mall is not open for 3 business. The guards shall be in radio communication and shall 4 have access to telephones and restrooms. During business hours 5 and for a half-hour thereafter or until all vehicles have 6 departed therefrom, a guard shall be posted at each railroad 7 crossing used by the public. During all other hours the crossing 8 gates shall be locked. 9 n. The site shall be provided with security lighting sur- 10 rounding the building and in the parking lots in a manner as ap- 11 proved by the City of Vernon Police Department. 12 o. Any change or expansion of the use shall be approved by 13 the Director of Community Services. 14 p. In order to limit public crossing the railroad tracks all 15 employee parking, to the extent possible, shall be provided on 16 the easterly lots. 17 q. No vendor shall be allowed to make any type of sales 18 outside of the building. 19 r. A maximum of two advertisement signs may be constructed 20 on the property. 21 SECTION 4: The City Clerk of the City of Vernon shall 22 certify to the passage of this resolution and thereupon and 23 thereafter the same shall be in full force and effect. 24 APPROVED AND ADOPTED this 20th day of February, 25 26 27 28 1990. ATTEST: r5 BRUCE V. ~:;;~74~ct::~,<;:7/p::a/i/:''-'t'L'''1 ~, LEONIS C. MALBgRG, Ma~br ~./m~4~ MALKENHORST, City Clerk 6 ,__un 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 5685, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council held on Tuesday, February 20, 1990 and thereafter duly signed by the Mayor of said City. d /~~ BRUCE V. MALKENHORST, City Clerk (SEAL) 7