Resolution No. 5892
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R~SOLUTION NO. 5a92
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A CONDITIONAL USE
PERMIT TO D & I INVESTMENT COMPANY FOR THE
CONSTRUCTION AND OPERATION OFA GENERAL
OFFICE USE WHICH IS GREATER THAN 10,000
GROSS SQUARE FEET OF FLOOR AREA
WHEREAS, D & I Investment Company has applied for a
conditional use permit to construct and operate a generCil of-
fice use (medical clinic) with a proposed floor areaofap-
proximately 11,515 square feet at 3360 Slauson Avenue in the
General Industrial (M) Zone.
WHEREAS, the proposed office use will be greater
than 10,000 square feet in floor area and requires a condi-
tional use permit under Section 26.3.5-3. of the zoning code;
and
WHEREAS, the proposed site is of adequate size and
shape for the proposed operation; and
WHEREAS, the proposed use is surrounded by in-
dustrial uses and is compatible therewith and no adverse
noise, odor, dust, smoke, light or glare, or risk of fire,
infection, explosion or effects on wildlife resources are an-
ticipated from the proposed operation; and
WHEREAS, the site has adequate access to. Slauson
Avenue, and it is anticipated that traffic will travel to the
site from all directions. Slauson Avenue has adequate
capacity to handle the traffic generated from the proposed
operation; and
WHEREAS, there are no conditions imposed by State or
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Federal laws; and
WHEREAS, the conditions imposed on the conditional
use permit will adequately protect the public health, safety
and general welfare, and the operation is consistent with all
applicable rules and laws of the City of Vernon; and
WHEREAS, the proposed use is consistent with the
General Plan and the Comprehensive Zoning Ordinance of the
City of Vernon; and
WHEREAS, the City Council of the city of Vernon held
a hearing on said application for a conditional use permit on
March 5, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of
Vernon hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION ~: That the conditional use permit is
hereby granted to 0 & I Investment Company for the construc-
tion and operation of a general office use (medical clinic)
located at 3360 Slauson Avenue.
SECTION 3: In order to adequately protect the
public health, safety and general welfare the following
conditions are imposed:
a. The facility shall be operated in accordance
with the appropriate codes, rules, regulations and SUbject to
permit fees as adopted by the City of Vernon.
b. The facility shall maintain a valid radiation
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permit with the state Department of Health Services.
c. The facility shall comply with applicable state
and local regulations relating to the storage and disposal of
medical wastes.
d. Any expansion or change in use shall be approved
by the Director of Community Services.
e. All medical employees shall maintain the
licenses required by the State of California
f. All parking and maneuvering areas shall be
paved. Where parking areas adjoin a public street a masonry
wall not less than 30 inches in height or landscaped area a
minimum of 4 feet in width, measured from the property line,
shall be established along such frontage, except at driveways,
walkways or where other openings are necessary.
g. The facility shall maintain the existing license
agreement with the Los Angeles Department of Water and Power
for parking on the adjacent site.
h. Any hazardous materials used or handled shall
meet the requirements of the Vernon Fire and Health Depart-
ments prior to use or storage at the site. The facility shall
obtain a health permit if there are any reportable quantities
of hazardous materials on the site.
SEGTION 4: The City Clerk of the City of Vernon
shall certify to the passage of this resolution and thereupon
and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 5th day of March, 1991
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
I BRUCE V. MALKENHORST, City Cler~ of the city of
Vernon do hereby certify that the foregoing Resolution being
Resolution No. 5892, was duly adopted by the city Council of
the City of Vernon, at a regular meeting of the City Council
held on Tuesday, March 5, 1991 and thereafter duly signed
by the Mayor of said City.
~f V~
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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RESOLUTION N0. 2011-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A MODIFICATION TO A CONDITION OF
APPROVAL TO THE CONDITIONAL USE PERMIT FOR U.S.
HEALTHWORKS FOR THE OPERATION OF A MEDICAL FACILITY
LOCATED AT 3360 & 3364 SLAUSON AVENUE
WHEREAS, U.S. Healthworks ("USHW") is requesting a
modification to a condition of approval to its existing conditional
use permit ("CUP") that was approved on March 5, 1991, for the
operation of a medical facility located at 3360 and 3364 Slauson
Avenue ("Project") pursuant to Resolution No. 5892; and
WHEREAS, the CUP was issued to D&I Investment Company (known
as "Technimed"), in May 2010,- the business was purchased by USHW; and
WHEREAS, the City Council of the City of Vernon held a
hearing on this requested modification to a condition of approval to
the CUP on April 19, 2011; and
WHEREAS, USHW is proposing to eliminate the off-site parking
requirement of 40 parking stalls located. on the Los Angeles Department
of Water and Power (LADWP) right-of-way adjoining the site based on
USHW's ability to demonstrate that the existing on-site parking is
adequate for its needs; and
WHEREAS, the project site is located in the I-Zone,
Industrial; and
WHEREAS, pursuant to Section 26.4.1-3(i) of the
Comprehensive Zoning Ordinance, an Urgent Care Facility is not
specifically permitted nor prohibited within the City, but allowed with
approval of a conditional use permit; and
WHEREAS, despite a change in ownership, it will continue to
be used for the same purpose; .and
WHEREAS, the Community Services Department conducted an
.Initial Study for the project when D&I Investment Company was first
granted a conditional use permit in 1991, to determine if the project
would provide any significant impacts to the environment and
determined that the proposed project will not have significant effect
on the environment and therefore a notice of exemption from the
California Environmental Quality Act ("CEQA") was filed; and
WHEREAS, the City Council has received a Staff Report dated
April 6, 2011 upon which it has relied in making the foregoing
recitals; and
- WHEREAS,-USHW has indicated that it-has-not and-does-not
propose to perform any structural alterations to its facility which
would require it to come into compliance with the requirements of the
current Comprehensive Zoning Ordinance; and
WHEREAS, the size, shape and topography of the parcel is
adequate for the proposed operation; and
WHEREAS,. the proposed site is surrounded by industrial,
utility right-of-ways and warehousing uses compatible with the
proposed use and no adverse effect from traffic, parking, noise,
odors, smoke, light or glare are anticipated from the proposed
operation; and
WHEREAS, the conditions imposed on the CUP will adequately
protect the public health, safety and general welfare and the
operation is consistent with all applicable rules and laws of the City
of Vernon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
/ / /
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SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon further
finds that all persons have had the opportunity to be heard or to file
written comments to the proposed Project and after due consideration
of all the evidence submitted at the public hearing determines that
there are compelling reasons to justify granting a modification to the
CUP.
SECTION 3: The City Council of the City of Vernon hereby
f-finds that--the--Project -is categor-cal-ly--exempt- from -the California - -
Environmental Quality Act ("CEQA") as provided in Section 15301, Class
1, as the proposed modification will not result in any significant
environmental changes to USHW's current operation. The City Council
of the City of Vernon directs the City Clerk, or the City Clerk's
designee, to file a Notice of Exemption in compliance with the CEQA.
SECTION 4: The custodian of records for the Project and all-
. other material that constitute the record of proceedings upon which
the City Council's decision is based is the City Clerk of the City of
Vernon. Those documents are available for public review in the Office
of the City Clerk located at 4305 Santa Fe Avenue, Vernon, California
90058.
SECTION 5: In order to adequately protect the public health
and general welfare, the conditions contained in Resolution No. 5892
shall be required except that condition "g" shall be .modified to read
as follows:
g. Adequate on-site parking .shall be maintained so that no
on-street or off-site parking or staging will occur. The facility
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shall be operated in a manner that will not impede traffic on any-
. public street as determined by the. Director of Community Services and
Water in the Director's sole discretion. All vehicles shall enter and
exit the site in a front forward manner. No vehicle parking or staging
associated with the facility shall take place off-site or on the public
street without prior approval from the Community Services Department.
SECTION b: The Applicant and any successors in interest
shall indemnify, hold harmless and defend the City of Vernon, its
officers, agents and employees from and against any and all claims,
complaints or petitions for: (1) damages, losses, expenses resulting
- fr-om
boll-y nj-u-r-y, sickness, disease, dsabil-ity or death a-rsng
from the operation of the facility excluding therefrom any such claim
resulting from the sole negligence or intentional wrongdoing of the
City of Vernon, its officers, agents or employees; (2) a peremptory
writ or other relief by way of injunction, mandamus, or administrative
mandamus; and/or (3) legal expenses and attorney's fees incurred by
the City of Vernon on behalf of any party in such actions or
proceedings. The City of Vernon does not waive its right to
participate in the defense of any such action.
SECTION 7: Noncompliance with any condition set forth in
the CUP shall be grounds for voiding the permit pursuant to Section
26.6.3-9 of the Comprehensive Zoning Ordinance.
SECTION 8: Not later than sixty (60) days from the date of
this Resolution, the .applicant shall indicate, in writing, its
acceptance of and agreement with the conditions contained in Section 5
of this Resolution and the indemnification provision contained in
Section 6 of this Resolution.
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SECTION 9: The provisions of Resolution No. 5892 not.
consistent with or in conflict with this resolution. are repealed; in
all other respects, Resolution No. 5892 shall remain in full force and
effect.
SECTION 10: The .City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and.
the City Clerk of the City of Vernon shall-cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 19th day of April, 2011.
~y~~
Name: Hilario Gonzales
Title: Mayor / ~F4 or P -
ATT ST:
Wil and G. a g chi ity Clerk
-5_
STATE OF CALIFORNIA )
Ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the Gity of Vernon,. do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-62, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, April 19, 2011, and thereafter was duly. signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of April, 2011, at Vernon, California.
illard G. "guc i, City Clerk
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 25, 2011
TO: Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-62 - A Resolu ion of the City Council of
the-City of Vernon Granting a Modification to a Condition of
Approval to the Conditional Use Permit for U.S. Healthworks
for the Operation of a Medical Facility Located at 3360 &
336.4 Slauson Avenue
.Transmitted herewith is a copy of Resolution No. 2011-62 referenced
above, which was approved by City Council on April 19, 2011.
Thank vnu.
WY : dj
c: Resolution Nos. 2011-62, 5892