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Resolution No. 6693 1 2 3 4 5 6 "L.A. Fiber") has applied for conditional use permits to 7 8 RESOLUTION NO. 6693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT TO LOS ANGELES FIBER CO., INC. FOR THE OPERATION OF A RECYCLED MATERIALS PROCESSING FACILITY AT 4920 BOYLE AVENUE WHEREAS, Los Angeles Fiber Co., Inc. (hereinafter pperate a recycled materials processing facility for textile ~astes at 5190 Santa Fe Avenue and 4920 Boyle Avenue; and 9 WHEREAS, L.A. Fiber currently operates an existing 10 facility at 5190 Santa Fe Avenue (hereinafter "Existing 11 ~ite") and is proposing to expand its use to include the 12 Ifacility located at 4920 Boyle Avenue (hereinafter "New 13 ~ite"); and 14 WHEREAS, L.A. Fiber will initially operate the 15 ~xisting Site and the New Site as a combined facility, but 16 intends to transfer all of its operations in the City to the 17 ~ew Site and to vacate the Existing Site on or before 18 pecember 1, 1996; and 19 WHEREAS, the New Site is a conforming use in the 20 ~eneral Industrial (M) Zone which requires a conditional use 21 ~ermit under Section 26.3.5-3 of the Comprehensive Zoning 22 prdinance; and 23 WHEREAS, the New Site is approximately 4.0 acres 24 in size, and contains buildings, structures and facilities 25 ~s shown on Exhibit "A" which is attached hereto and made a 26 part hereof by reference. The size, shape and topography of 27 ~he parcel is adequate for the proposed operation; and 28 WHEREAS, a barrier wall or landscaping will be 1 installed where parking areas adjoin a public street 2 pursuant to the Vernon City Code at both the Existing and 3 New Sites; and 4 WHEREAS, the New Site is surrounded by industrial 5 distribution type uses compatible with the proposed use and 6 no adverse effect from traffic, parking, noise, odors, 7 smoke, light or glare, or risk of fire, infection, explosion 8 or effects on wildlife resources are anticipated from the 9 proposed operation; and 10 WHEREAS, the New Site has access to Boyle Avenue 11 and 50th Street and to the freeway, and the streets have 12 adequate capacity and pavement type for the proposed use; 13 and 14 WHEREAS, the New Site is required to have adequate 15 offstreet parking and loading facilities in accordance with 16 the Vernon City Code; and 17 WHEREAS, the Community Services Department has 18 performed an Initial Study to determine the potential 19 adverse impacts to the environment that the proposed project 20 may cause and has determined that the proposed project will 21 not have a significant effect on the environment in this 22 case because of the mitigating measure. The Acting Director 23 of Community Services & Water has recommended that a 24 Negative Declaration be adopted in compliance with the 25 California Environmental Quality Act; and 26 WHEREAS, the mitigating measures and the 27 conditions imposed on the conditional use permits will 28 adequately protect the public health, safety and general 2 1 welfare and the operation is consistent with all applicable 2 rules and laws of the City of Vernon; and 3 WHEREAS, the proposed use as to location, 4 operation and design is consistent with the General Plan and 5 the Zoning Ordinance of the City of Vernon; and 6 WHEREAS, the City Council of the City of Vernon 7 held a hearing on said application for a conditional use 8 permit on October 3, 1995. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 10 OF THE CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The City Council of the City of Vernon 12 hereby finds and determines that the recitals contained 13 hereinabove are true and correct. 14 SECTION 2: The City Council hereby approves and 15 adopts the Negative Declaration for the project and hereby 16 finds that the project will not individually or cumulatively 17 have an adverse effect on the environment including the 18 wildlife resources. 19 SECTION 3: Pursuant to Section 711.4(c) of the 20 Fish and Game Code, the City has found no evidence that the 21 proposed project will have the potential for adverse effects 22 on wildlife resources and the project is therefore exempt 23 from the fees otherwise payable under Section 711.4. 24 SECTION 4: Subject to the mitigation measures and 25 conditions set forth below, the conditional use permit is 26 granted to L.A. Fiber for the operation of a recycled 27 materials processing facility at 4920 Boyle Avenue. 28 SECTION 5: In order to adequately protect the 3 1 public health, safety and general welfare the following 2 mitigating measures are required: 3 A. Los Angeles Fiber Co., Inc. shall obtain all 4 permits required by the South Coast Air Quality Management 5 District. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 B. Los Angeles Fiber Co., Inc. shall maintain and operate all required dust extraction equipment at the facility. C. Los Angeles Fiber Co., Inc. shall be in compliance with all applicable codes. SECTION 6: The City Council hereby approves (1) Mitigation Monitoring Program for Los Angeles Fiber Co., Inc. Recycled Materials Processing Facility, dated September 27, 1995, (2) City of Vernon Community Services Department Engineer's Report on Los Angeles Fiber Co., Inc. Conditional Use Permits to Operate a Recycled Materials Processing Facility at 5190 Santa Fe Avenue and 4920 Boyle ~venue dated September 27, 1995, and (3) the Initial Study and Checklist for the project, dated August 17, 1995. Copies of said documents have been submitted to the City Council concurrently herewith, and the City Clerk is directed to receive and file them. SECTION 7: In order to insure that the operation will be in harmony with its neighboring properties and will meet City Codes the following conditions are imposed upon u.A. Fiber at 4920 Boyle Avenue. The site shall meet all conditions prior to issuance of an occupancy permit. a. Prior to beginning operations the facility 4 1 shall be brought into conformance with all codes, rules and 2 regulations including, but not limited to, requirements for 3 parking, truck loading and maneuvering, markings, barriers, 4 paving of parking and loading facilities and outside 5 storage. The facility shall be operated in a manner that 6 will prevent unsanitary conditions, odors or other 7 nuisances. The facility shall be subject to city fees as 8 adopted by the City of Vernon, and a business license and 9 occupancy permit shall be maintained. 10 b. All buildings and structures shall be 11 maintained in a safe and sanitary condition. All existing 12 health and life safety hazards shall be eliminated from the 13 buildings. 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 c. A hazardous materials inventory and business/contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Only those substances approved by the Health and Fire Departments shall be stored, used or handled at the site. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state and local laws. d.AII parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street a barrier shall be constructed. e. A litter control program shall be implemented to maintain the facilities in a safe, sanitary and 5 1 attractive condition for the life of the project. The 2 litter control program shall include the tarping of all open 3 vehicles entering and exiting the properties and daily pick- 4 up of onsite stray litter. At the request of the City of 5 Vernon, L.A. Fiber shall clean up any spills of the material 6 on streets in the 7 City of Vernon resulting from trucks traveling to or from 8 the site. 9 f. No business shall be conducted on City streets 10 including transferring of product or cueing of vehicles. 11 g. Plans for improvements to the facility, 12 installation of equipment and construction of structures 13 shall be submitted to both the City of Vernon's Community 14 Services and Health Departments for review and approval. 15 h. National Pollutant Discharge Elimination 16 System Permits shall be obtained from the California State 17 Board of Water Resources. 18 i. All required federal, state, local and 19 regulatory agency permits shall be obtained and maintained. 20 j. The facility's buildings shall be structurally 21 maintained to exclude rodents and the sites shall be 22 maintained in a sanitary manner which will prohibit the 23 harborage or breeding of rodents. All loose salvageable 24 materials shall be stored at least eighteen inches (18") 25 above the ground or floor with a clear intervening space 26 thereunder. 27 k. L.A. Fiber shall repair any broken, cracked or 28 displaced sidewalk, curb or gutter adjoining the sites and a 6 1 deed granting to the City of Vernon the strip of land 5 feet 2 in width, currently being used as sidewalk on the northerly 3 side of 50th Street as shown on Exhibit "A", shall be 4 executed by the property owner . 5 1. An easement granting the City of Vernon rights 6 to maintain all electrical facilities located at the sites 7 shall be executed by the owner. 8 m. L.A. Fiber shall obtain rights for ingress and 9 egress as shown on Exhibit "A". 10 n. L.A. Fiber shall perform the mitigating 11 measures set forth herein and in the Mitigation Monitoring 12 Program, L.A. Fiber Co., Inc. Recycled Materials Processing 13 Facility, dated September 27, 1995. 14 SECTION 8: Noncompliance with the conditions set 15 forth in either of the conditional use permits for the 16 Existing Site and the New Site shall be grounds for voiding 17 both permits pursuant to Section 26.5.2-10 of the 18 Comprehensive Zoning Ordinance. 19 SECTION 9: L.A. Fiber and any successors in 20 interest, shall indemnify, hold harmless, and defend the 21 City of Vernon, its officers, agents, and employees from and 22 against any and all claims, complaints, or petitions for: 23 (1) damages, losses, expenses resulting from bodily injury, 24 sickness, disease, disability or death arising from the 25 operation of the facility excluding therefrom any such claim 26 resulting from the gross negligence or intentional 27 wrongdoing of the City of Vernon, its officers, agents or 28 1// 7 1 employees; (2) a peremptory writ or other relief by way of 2 injunction, mandamus, or administrative mandamus; or (3) 3 legal expenses and attorney's fees incurred by the City of 4 ~ernon or awarded against the City of Vernon on behalf of 5 any party in such a proceeding. The City of Vernon does not 6 ~aive its right to participate in the defense of any such 7 action. 8 SECTION 10: The City Clerk of the City of Vernon 9 shall certify to the passage of this resolution and 10 thereupon and thereafter the same shall be in full force and 11 ~ffect. 12 APPROVED AND ADOPTED this 3rd day of October, 13 1995. 14 15 16 17 IATTEST: A: 18 ~RUCE v. MALKENHORST, City Clerk ~~~-1~' .-. -~EONIS C. MALB G, May /~~ 1 STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 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 I BRUCE V. MALKENHORST, City Clerk of the City of do hereby certify that the foregoing Resolution, eing Resolution No. 6693, was duly adopted by the City ouncil of the City of Vernon at a regular meeting of the ity Council duly held on Tuesday, October 3, 1995 and was duly signed by the Mayor of the City of (SEAL) ~ /~~ BRUCE V. 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