Resolution No. 6291
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RESOLUTION NO. 6291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON GRANTING A CONDITIONAL USE PERMIT
TO SERVCON-VERNON, INC. FOR THE OPERATION OF
A MATERIALS RECOVERY AND TRANSFER FACILITY
AT 3677 BANDINI BOULEVARD
WHEREAS, SERVCON-Vernon, Inc. has applied for a
conditional use permit to operate and construct a materials
recovery and transfer facility at 3677 Bandini Boulevard;
and
WHEREAS, the City Council of the City of Vernon
held a hearing on said application for a conditional use
permit on July 20, 1993; and
WHEREAS, the proposed use is in conformance with
the Heavy Industry (M2) Zone with the rendering (R) overlay,
and requires a conditional use permit under the Zoning
Ordinance; and
WHEREAS, the proposed site is adequate in size,
shape and topography for the proposed operation, has
adequate drainage, and a masonry wall or landscaping will be
installed where parking areas adjoin a public street
pursuant to the Vernon City Code; and
WHEREAS, the proposed site is surrounded by
industrial and transportation related uses compatible with
the proposed use and no adverse effect from parking, noise,
odors, dust, smoke, light or glare, or risk of fire,
infection or explosion is anticipated from the proposed
operation; and
WHEREAS, the site is required to have adequate
offstreet parking and loading facilities in accordance with
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1 the Vernon City Code; and
2 WHEREAS, an Environmental Impact Report was
3 prepared for this project to determine the potential adverse
4 impacts to the environment that the proposed project may
5 cause. The Director of Community Services has recommended
6 that the Environmental Impact Report be certified in
7 compliance with the California Environmental Quality Act;
8 and
9 WHEREAS, mitigating measures and the conditions
10 imposed on the conditional use permit will adequately
11 protect the public health, safety and general welfare and
12 the operation is consistent with all applicable rules and
13 laws of the City of Vernon; and
14 WHEREAS, the City of Vernon has adopted a source
15 reduction and recycling element pursuant to Public Resources
16 Code Section 41000 which provides for the diversion of solid
17 waste from landfills for the purposes of recycling; and
18 WHEREAS, the proposed use as to location,
19 operation, and design is consistent with the General Plan
20 and the Zoning Ordinance of the City of Vernon.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
22 OF THE CITY OF VERNON AS FOLLOWS:
23 SECTION 1: The City Council of the City of Vernon
24 hereby finds and determines that the recitals contained
25 hereinabove are true and correct.
26 SECTION 2: In order to adequately protect the
27 public health, safety and general welfare the following
28 mitigating measures are required:
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1 A. During project operations, SERVCON-Vernon Inc.
2 shall schedule employee shift changes and the arrival and
3 departure of transfer trucks and trucks with recovered
4 materials to minimize travel on local streets between the
5 hours of 6:00 a.m. and 8:00 a.m. and 4:00 p.m. and 6:00 p.m.
6 Peak hours for arrival of collection trucks shall be after
7 8:00 a.m. and before 4:00 p.m.
8 B. Prior to site plan submittal, a new
9 intersection at the site access shall be designed to consist
10 of 2 outbound lanes (a 12-foot wide left-turn lane and a 14-
11 foot wide right-turn lane); 1 inbound, 16 foot wide lane
12 from westbound Bandini Boulevard; and 150-foot long
13 eastbound left-turn lane into project. Prior to certificate
14 of occupancy, a traffic signal shall be installed at the new
15 intersection with Bandini Boulevard to the satisfaction of
16 the Director of Community Services.
17 C. A frontage road shall be designed parallel to
18 Bandini Boulevard and implemented by SERVCON-Vernon Inc.
19 during project construction to maintain site access to the
20 Aluminum Corporation property west of the project site. The
21 frontage road shall meet the specifications of the Director
22 of Community Services and connect the Aluminum Corporation
23 site with the new intersection and traffic signal described
24 above. The frontage road shall be deeded as a public
25 roadway to the City of Vernon.
26 D. Prior to issuance of building permits,
27 SERVCON-Vernon Inc. shall submit detailed site plans and
28 construction drawings for review and approval by the City of
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1 Vernon with regard to the adequacy of the truck turning
2 radii, storage distances and onsite traffic controls.
3 E. After 6 months of operations, SERVCON-Vernon
4 Inc. shall have an occupational noise assessment prepared by
5 a city-approved acoustician. If occupational noise levels
6 are found to exceed 85 dBA, SERVCON-Vernon Inc. shall
7 establish a hearing conservation program as described under
8 Federal Occupational Safety and Health Administration (OSHA)
9 regulations 29 CFR Sec. 1910.95, paragraphs (c) through (0).
10 If occupational noise exposure levels are found to be
11 greater than 90 dBA, the daily period of noise exposure
12 shall be decreased from 8 hours as described under OSHA
13 regulations 29 CFR Sec. 1910.95, paragraph (b) to minimize
14 exposure.
15 F. Prior to site grading, SERVCON-Vernon Inc.
16 shall demonstrate to the City of Vernon that appropriate
17 project design features and facility operating procedures
18 have been implemented to comply with SCAQMD Rule 402, which
19 prohibits dust impacts that cause a nuisance offsite, and
20 SCAQMD Rule 403, which restricts visible emissions from
21 construction. Specific measures shall include the
22 incorporation of adsorption filters and a negative pressure
23 system in the tipping area of the main processing building;
24 application of a misting agent to solid waste deposited for
25 processing; minimization of the amount of construction
26 equipment operating simultaneously; daily watering of the
27 construction area to stabilize soils; cessation of grading
28 activities during periods of high winds; and the paving and
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1 landscaping of exposed areas as soon as practical.
2 G. SERVCON-Vernon Inc. shall pave all parking
3 areas on site to minimize dust emissions during operations.
4 H. The project design shall provide adequate
5 ingress and egress at the entrance to the MRTF to minimize
6 congestion. The entrance design shall incorporate the
7 intersection geometrics, including dedicated turn lanes, as
8 defined by the City of Vernon (refer to traffic mitigation
9 on Final EIR page 4.2-17).
10 I. SERVCON-Vernon Inc. shall provide employees
11 with information on bus routes and rideshare opportunities.
12 To reduce employee vehicle miles traveled, the project
13 proponent shall encourage the hiring of local residents.
14 J. The project design shall incorporate a sub-
15 atmospheric pressure system and filter for the tipping area
16 to minimize odors emitted by the facility in accordance with
17 South Coast Air Quality Management District regulation.
18 K. Prior to the issuance of a building permit, a
19 site-specific geotechnical investigation shall be performed
20 to evaluate potential seismic effects and the
21 characteristics and condition of the subsurface earth
22 materials. The recommendations provided by the geotechnical
23 consultant, upon review and approval by the Director of
24 Community Services, shall be incorporated into the building
25 design and construction of the project.
26 L. Prior to issuance of building permits, a
27 geotechnical investigation shall be conducted, to the
28 satisfaction of the Community Services Department, and shall
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1 investigate any soil settlement due to regional seismic
2 shaking. Potential impacts shall be identified and
3 mitigated through such measures as removal of compressible
4 soils to firm natural ground, replacement with properly
5 compacted fill, andlor removal and recompaction of in situ
6 compressible soils.
7 M. A health and safety plan shall be developed
8 for all construction activities which involve soil
9 excavation per the findings in the Preliminary Endangerment
10 Assessment (PEA) (Alton 1992). Analytical data generated by
11 the PEA will be used to evaluate proper disposal methods for
12 any excess soil generated during excavation activities.
13 N. The Employee Training and Safety program, the
14 Employee Safety Compliance Program, and the Hazardous
15 Materials Training Plan shall be enforced throughout the
16 life of the project, and the effectiveness of the programs
17 shall be reviewed annually and updated accordingly. A
18 medical surveillance program shall be incorporated into the
19 Employee Safety Compliance Program, in accordance with 29
20 CFR 1910.120(f).
21 o. All safety training shall be conducted during
22 the lifetime of the project by a person with industrial
23 hygiene experience. Training must be done before a new
24 employee begins work and refresher training provided
25 annually thereafter. The initial training shall extend for
26 a minimum of 24 hours and refresher training shall be for 8
27 hours annually. This requirement will also apply to
28 employees assigned a new position at the facility.
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1 P. Eye protection shall be included in the list
2 of personal protective equipment (PPE) supplies in the
3 Employee Training and Safety Program. The Employee Training
4 and Safety Program shall be reviewed by the City of Vernon
5 for completeness based on OSHA and Solid Waste Facility
6 regulations. During the life of the project, all PPE shall
7 be monitored by the project operator for effectiveness and
8 replaced if functioning improperly. The Employee Training
9 and Safety Program shall include techniques on proper
10 handling and disposal of hazardous waste.
11 Q. A Hazardous Material Coordinator shall be
12 identified by SERVCON-Vernon Inc. and assigned the
13 responsibility of record keeping and agency notification in
14 the event that hazardous materials are intercepted at the
15 facility during processing. position responsibilities shall
16 also include the implementation of approved training
17 programs for the handling and disposal of hazardous
18 materials.
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R. The Operations Manual shall be expanded to
limit the storage time of nonrecoverable solid waste at the
facility to a maximum of 48 hours from its arrival and
require that a radiation detection device be placed at the
scales to screen for radioactive materials.
S. A litter control program shall be implemented
to maintain the facility in a safe, sanitary, and attractive
condition for the life of the project. The litter control
program shall include the installation of 6-foot high
fencing around the perimeter of the project site, tarping of
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1 all open vehicles exiting the property, and daily pick-up of
2 onsite stray litter. At the request of the City of Vernon,
3 SERVCON-Vernon Inc. will clean-up any spills of waste or
4 litter along truck routes in the City of Vernon resulting
5 from trucks traveling to or from the site.
6 T. The Household Hazardous Materials Training
7 Plan shall be revised by SERVCON-Vernon Inc. to demonstrate
8 that, vehicles suspected of carrying unacceptable materials
9 will be isolated and a visual inspection will be conducted
10 by facility employees of its contents; supervision by the
11 Hazardous Material Coordinator will prevent employees and
12 waste haulers from coming in contact with accidental spills;
13 site operations will minimize the amount of hazardous waste
14 container movement; spill response equipment will be
15 available near the unloading area (i.e., tipping floor);
16 transport of unacceptable materials to a temporary hazardous
17 waste storage area will be conducted safely to minimize
18 contact with incompatible materials and avoid accidental
19 spills.
20 U. The design of the temporary hazardous waste
21 storage area shall incorporate a containment berm to control
22 accidental releases, and be direct accessible (i.e., no
23 obstructions by structures) for ingress/egress. The spill
24 response and handling equipment must be properly maintained
25 and kept in good working conditions through routine
26 inspection by the facility operator.
27 v. Buildings, grounds and perimeter areas shall
28 be inspected on a regular basis for signs of vectors. If
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1 vector sightings occur, appropriate measures such as the use
2 of a licensed exterminator shall be used.
3 SECTION 3: In order to insure that the operation
4 will be in harmony with its neighboring properties and will
5 meet City Codes the following conditions are imposed upon
6 SERVCON-Vernon Inc.:
7 a. During construction the streets and
8 surrounding areas shall be kept free of dirt and excessive
9 dust. Street sweeping of the streets and surrounding areas
10 shall be provided immediately at the city's request.
11 b. SERVCON-Vernon Inc. shall obtain an NPDES
12 General Industrial Storm Water Permit and an NPDES General
13 Construction Activity storm Water Permit from the California
14 state Water Resources Control Board prior to operation.
15 This permit and all supportive documents shall be kept on
16 the premises and be available for review and inspection by
17 all enforcement agencies. All physical improvements and
18 facilities, as required by permits, shall be in place prior
19 to the opening of business.
20 c. Noise levels, averaged over the operating
21 hours of the facility, generated by equipment or operations
22 at the site shall not exceed average sound levels of 65
23 decibels (dBA) , or 10 dBA above the pre-existing ambient
24 environmental noise level, whichever is greater. Noise
25 levels shall be measured at the property lines, or at any
26 point outside the property lines of the site. Measurement
27 of ambient environmental noise shall be conducted with all
28 onsite operations and equipment shut down and secured. In
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1 addition, the maximum peak noise level at the property line
2 shall not exceed 90 decibels (dBA). Any required noise
3 studies shall be prepared by an independent noise consultant
4 and paid for by the operator.
5 d. No business shall be conducted on City streets
6 including transferring of product or cueing of vehicles.
7 e. Outside storage shall not be visible from the
8 public right-of-way. This shall include scrap and processed
9 material.
10 f. SERVCON-Vernon Inc. shall provide all waste
11 haulers with the attached map, marked Exhibit "A", showing
12 the preferred routes of travel for collection vehicles
13 between freeway exit and entrance points and the project
14 site. Trucks traveling to or from the facility shall not be
15 routed past Vernon Avenue Elementary School located at the
16 intersection of Santa Fe and Vernon Avenues.
17 g. The operator shall have a Hazardous Materials
18 Plan, Contingency Plan and Training Plan approved by the
19 Vernon Health Department prior to occupying the site.
20 h. The facility shall be operated in accordance
21 with the appropriate codes, rules, regulations and subject
22 to permit fees as adopted by the City of Vernon. Prior to
23 occupancy a business license and occupancy permit shall be
24 obtained.
25 i. A log, in a form approved by the City of
26 Vernon, of materials received at the facility and their
27 weight shall be kept and made available to the City of
28 Vernon or its independent accountant at all times.
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1 j. Servicing of vehicles including washing, steam
2 cleaning, and repairing shall be performed in facilities in
3 compliance with appropriate codes. Only vehicles of
4 SERVCON-Vernon Inc. shall be cleaned or serviced at this
5 facility.
6 k. The facility shall meet the requirements of
7 any regulations adopted pursuant to Public Resources Code
8 Section 43209 and the requirements of any other applicable
9 sections of the California Integrated Waste Management Act
10 of 1989 (Public Resources Code, section 40000, et. seq.).
11 1. The facility shall accept and dispose of up to
12 five tons a day of City of Vernon generated wastes and
13 materials consisting of concrete, asphalt, green waste and
14 all non-hazardous solids at no charge to the city.
15 m. An underground storage tank monitoring system
16 shall be installed by a qualified service person. The
17 monitoring system shall meet the requirements of Vernon City
18 Code, Chapter 13, Article III, Underground Storage of
19 Hazardous Substances.
20 n. The buildings, parking, driveway access and
21 landscaping shall be developed in accordance with the
22 conceptual site plan which was submitted with this
23 application and approved by the Director of Community
24 Services. No changes shall be made in the site development
25 except with the prior approval of the Director of Community
26 Services.
27 o. Servcon-Vernon, Inc., and any assignees or
28 successors, shall indemnify, hold harmless, and defend the
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meet all the conditions of this permit.
SECTION 4: The City Council hereby certifies the
Environmental Impact Report, approves the findings and
adopts the Statement of Overiding Considerations for the
project.
SECTION 5: Pursuant to section 711.4(c) of the
Fish and Game Code, the City has found no evidence that the
proposed project will have the potential for adverse effects
on wildlife resources. The project is therefore exempt from
the fees otherwise payable under Section 711.4
SECTION 6: The City Council hereby approves the
Mitigation Monitoring Program for the project.
SECTION 7: Subject to the mitigation measures and
conditions set forth above, the conditional use permit is
granted to SERVCON-Vernon, Inc. for the construction and
operation of a materials recovery and transfer facility at
3677 Bandini Boulevard.
SECTION 8: 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.
APPROVED AND ADOPTED this 20th day of July, 1993.
ATT.;6
BRUCE V.
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MALKENHORST, City Clerk
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1 City of Vernon, its officers, agents, and employees from and
2 against any and all claims, complaints, or petitions for (1)
3 damages, losses, expenses resulting from bodily injury,
4 sickness, disease, disability or death arising from the
5 operation of the facility excluding therefrom any such claim
6 resulting from the gross negligence or intentional
7 wrongdoing of the City of Vernon, its officers, agents or
8 employees; (2) a peremptory writ or other relief by way of
9 injunction, mandamus, or administrative mandamus; or (3)
10 legal expenses and attorney's fees incurred by the City of
11 Vernon or awarded against the City of Vernon on behalf of
12 any party in such a proceeding. The City of Vernon does not
13 waive its right to participate in the defense of any such
14 action.
15 p. SERVCON-Vernon Inc. shall perform the
16 mitigating measures set forth in section 2 hereof.
17 q. This conditional use permit and its
18 conditions, and the mitigating measures set forth in Section
19 2, shall be accepted by Servcon-Vernon, Inc. and any
20 assignees or successors, by a written instrument, executed
21 and acknowledged, filed with the city Clerk within thirty
22 (30) days of its approval, stating that the recitals and
23 conditions are correct. If said acceptance is not so filed,
24 this permit shall be null and void and of no effect.
25 r. This conditional use permit may be leased,
26 transferred or assumed only with the prior approval of the
27 City Council of the City of Vernon. Any lessee, transferee
28 or assignee shall perform all of the mitigating measures and
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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I BRUCE V. MALKENHORST, city Clerk of the City of
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4 Vernon, do hereby certify that the foregoing Resolution,
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being Resolution No. 6291, was duly adopted by the City of
Vernon at a regular meeting of the City Council duly held on
Mayor of the City of Vernon.
Tuesday, July 20, 1993 and thereafter was duly signed by the
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BRUCE V.
( SEAL)
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MALKENHORST, City Clerk
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