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Resolution No. 7019 - 1 2 RESOLUTION NO. 7019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT TO BANNER'S CENTRAL ELECTRIC, INC. FOR THE OPERATION OF A RETAIL USE IN EXCESS OF 10,000 SQUARE FEET AT 2263 VERNON AVENUE 3 4 5 6 applied for a conditional use permit to operate a 25,377 7 8 9 10 11 12 13 WHEREAS, Banner's Central Electric, Inc. has square foot retail use at 2263 Vernon Avenue in 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 September 16, 1997; and WHEREAS, the proposed retail operation is a conforming use in the General Industrial (M) Zone and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 requires a conditional use permit under the Zoning Ordinance; and WHEREAS, the proposed retail operation is in excess of 10,000 square feet; and WHEREAS, the proposed site is approximately 4.47 acres in size, and the size, shape, topography and drainage of the parcel are adequate for the proposed operation; and WHEREAS, a barrier wall exists and will be maintained where parking or maneuvering areas adjoin a public street pursuant to the Vernon City Code; and WHEREAS, the proposed site is surrounded by industrial uses compatible with the proposed use and no adverse effect from traffic, parking, noise, odors, dust, smoke, light or glare, or risk of fire, infection or 1 explosion is anticipated from the proposed operation; and 2 WHEREAS, the site has access to Vernon Avenue and 3 it is anticipated that the majority of traffic will travel to the site from the west via Vernon Avenue and the streets to be utilized within the City of Vernon are sufficient to handle the traffic generated from the proposed operation; and 4 5 6 7 8 9 10 11 WHEREAS, the conditions imposed on the conditional 12 use permit will adequately protect the public health, safety 13 and general welfare and the operation is consistent with all 14 applicable rules and laws of the City of Vernon; and 15 WHEREAS, the proposed use as to location, 16 operation, and design is consistent with the General Plan 17 and the Zoning Ordinance of the City of Vernon; and 18 WHEREAS, the Community Services Department has 19 performed an Initial Study to determine the potential 20 adverse impacts to the environment that the proposed project 21 may cause and has determined that the proposed project will 22 not have a significant effect on the environment in this 23 case and the Director of Community Services & Water has 24 recommended that a Negative Declaration be adopted in 25 compliance with the California Environmental Quality Act; ~~ 27 28 WHEREAS, the site, as proposed, has adequate off- street parking and loading facilities in accordance with the Vernon City Code; and WHEREAS, the City Council has received an Engineer's Report dated September 8, 1997, upon which it has -2- 1 relied in making the foregoing recitals; and 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 3 OF THE CITY OF VERNON AS FOLLOWS: 4 SECTION 1: The City Council of the City of Vernon 5 hereby finds and determines that the recitals contained 6 hereinabove are true and correct. 7 SECTION 2: The City Council hereby finds on the 8 basis of the whole record before it (including the initial 9 study and any comments received) that there is no 10 substantial evidence that the project will have a 11 significant effect on the environment individually or 12 cumulatively, and that a Negative Declaration reflects the 13 City of Vernon's independent judgment and analysis, and on 14 the basis of said findings the City Council hereby approves 15 and adopts the Negative Declaration for the project. 16 SECTION 3: Pursuant to Section 711.4(c) of the 17 Fish and Game Code, the City has found no evidence that the 18 proposed project will have the potential for adverse effects 19 on wildlife resources and the project is therefore exempt 20 from the fees otherwise payable under Section 711.4. 21 SECTION 4: Subject to the conditions set forth 22 below, the conditional use permit is granted to Banner's 23 Central Electric, Inc. for the operation of a retail use in 24 excess of 10,000 square feet at 2263 Vernon Avenue. 25 SECrION 5: In order to adequately protect the 26 public health, safety and general welfare the following 27 conditions are imposed: 28 a. The facility shall be operated in accordance -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 ~ 26 27 28 with, and made to conform with all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. b. All 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 wall or landscaping shall be installed and maintained to meet City standards. Adequate on-site parking shall be maintained so that no on-street parking will occur. The size of the retail outlet shall be limited by the ability to provide the required on-site parking. c. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. e. 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. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state and local laws. f. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate -4- 1 refuse containers and refuse disposal service. 2 g. The facility shall be operated in a manner 3 which will not impede traffic on Vernon Avenue. 4 h. All existing cracked sidewalk, curb and gutter 5 adjacent to the site in Vernon Avenue shall be repaired and 6 maintained to meet City Standards. 7 i. Within three (3) months of approval of the 8 conditional use permit, Banner Central Electric, Inc. shall 9 either have their own contractor restripe and install a two- 10 way left turn pocket in Vernon Avenue to the City of Vernon 11 standards and specifications or deposit adequate funds with 12 the City for the work. 13 j. In order to comply with the Master Plan of 14 Streets, dated June 16,1992, the property owner shall 15 dedicate to the City of Vernon a seven-foot strip of land 16 along Vernon Avenue. 17 SECTION 6: The Engineer's Report, the Initial 18 Study, and other materials which constitute the record of 19 proceedings in this matter shall be maintained in the office of the City Clerk, who is and shall be the custodian 20 21 thereof. ~ ~ 24 25 26 27 ~ III III III -5- 1 SECTION 7: The City Clerk of the City of Vernon 2 shall certify to the passage of this resolution and 3 thereupon and thereafter the same shall be in full force and 4 effect. 5 6 1997. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 16th day of September, ~, LEONI,~' A~ ,/~ BRUCE V. MALKENHORST, City Clerk III III III -6- 1 STATE OF CALIFORNIA ) ) ss 2 COUNTY OF LOS ANGELES ) 3 I BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, 5 being Resolution No. 7019, was duly adopted by the City 6 Council of the City of Vernon at a regular meeting of the 7 City Council duly held on Tuesday, September 16, 1997 and 8 thereafter was duly signed by the Mayor of the City of 9 Vernon. 10 11 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~/~ BRUCE V. MALKENHORST, City Clerk -7-