Resolution No. 71821
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VERNON GRANTING A
CONDITIONAL USE PERMIT TO DEPENDABLE
HIGHWAY EXPRESS, INC. FOR THE
OPERATION OF A TRUCKING AND FREIGHT
TERMINAL AT 2626 26TH STREET
WHEREAS, Dependable Highway Express, Inc. has
applied for a conditional use permit to operate a trucking
and freight terminal at 2626 26th Street 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 July 28, 1998; and
WHEREAS, the proposed site is a legal non-
conforming use in the General Industry (M) Zone which has
been continuously used as a truck and freight terminal
previously operated by U.S.A. Consolidators, Inc. and which
requires a conditional use permit under the Zoning Ordinance
in order to continue the use; and
WHEREAS, the proposed operation will include the
hauling and temporary storage of general products; and
WHEREAS, the proposed site is approximately 4.41
acres in size, contains four buildings, and is adequate in
size, shape and topography for the proposed operation and
has adequate drainage; and
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WHEREAS, the proposed site is surrounded by
industrial uses compatible with the proposed use and no
adverse effects from traffic, 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 has access to 26th Street and
traffic will generally travel west to Santa Fe Avenue north
to the I-60 freeway or east to Soto Street, south to Bandini
Boulevard and east to the I-710 freeway, or east to Soto
Street and north to the I-5 freeway, and 26th Street is of
adequate size and pavement -type to handle the traffic
generated from the proposed operations; and
WHEREAS, the site, as proposed, has adequate off-
street parking and loading facilities as required by the
Vernon City Code; 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, as to location,
operation and design is consistent with the General Plan and
Zoning Ordinance of the City of Vernon; and
WHEREAS, the project is categorically exempt from
the California Environmental Quality Act as an existing
facility pursuant to Section 15301 of the California
Environmental Quality Act Guidelines and a Notice of
Exemption shall be filed with the County Clerk pursuant to
Section 15062 of the California Environmental Quality Act
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Guidelines.
WHEREAS, the City Council has received a Staff
Report, dated on July 13, 1998 upon which it has relied in
making the foregoing recitals; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: Subject to the conditions set forth
below, the conditional use permit is hereby granted to
Dependable Highway Express, Inc. for the operation of a
trucking and freight terminal at 2626 26th Street.
SECTION 3: In order to adequately protect the
public health and general welfare the following conditions
are required:
a. The facility shall be operated in accordance
with, and made to conform with all current codes, rules,
regulations and subject to permit fees as adopted by the
City of Vernon. All trucking operations, including truck
and trailer parking, shall be limited to the lot located at
2626 26th Street in 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
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shall be maintained so that no on -street parking will occur.
c. Servicing of vehicles including washing, steam
cleaning and repairing shall be performed in facilities in
compliance with appropriate codes.
d. A National Pollutant Discharge Elimination
System Permit shall be obtained from the California State
Board of Water Resources, if required.
e. No equipment or freight shall be stored on the
site, other than in buildings, trailers or on the docks.
f. Adequate plans and materials must be available
for handling leaks or spills from vehicles during storage or
transportation.
g. 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.
h. 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/waste shall be
handled and managed in compliance with all appropriate
federal, state and local laws.
i. The facility shall be operated in a manner
that will prevent unsanitary conditions, odors or other
nuisances. The property shall be provided with adequate
refuse containers and refuse disposal service.
j. The facility's building shall be structurally
maintained to exclude rodents and the property shall be
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maintained rodent free.
k. The facility shall be operated in a manner
which will not impede traffic on 26th Street.
1. All existing cracked sidewalk, curb and gutter
adjacent to the site in 26th Street shall be repaired and
maintained to meet City Standards.
m. The site shall not generate more than 50 truck
trips (25 inbound and 25 outbound) and 36 automobile trips
(18 inbound and 18 outbound) per day.
n. If hazardous waste will be accumulated and
disposed of from the site, the applicant must obtain an EPA
ID number from the California Department of Toxic Substances
Control.
o. A hazardous materials closure report is
required from the previous occupant before the Environmental
Health Department will approve the new Certificate of
Occupancy.
p. Trucks shall only access the site at 2626
26th Street from driveways that have direct access to the
facility.
SECTION 4: Dependable Highway Express, Inc. 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, expanses resulting
from bodily injury, sickness, disease, disability or death
arising from the operation of the facility excluding
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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; 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 5: Not later than twenty (20) days from
the date of this Resolution, Dependable Highway Express,
Inc., shall indicate, in writing, its acceptance of and
agreement with the conditions contained in Section 3 of this
Resolution and the indemnification provision contained in
Section 4 of the Resolution.
SECTION 6: 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 28t`' day of July, 1998.
"Leonis C. Mal urg, M yor
ATTEST:`--
BRUCE V. MALKENHORST, City Clerk
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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. 7182 was duly adopted by the City
Council of the City of Vernon at an adjourned regular
meeting of the City Council duly held on Tuesday, July 28,
1998, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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