Resolution No. 72021
RESOLUTION NO, 7202
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A RESOLUTION OF THE CITY COUNCIL OF
3 THE CITY OF VERNON GRANTING A
CONDITIONAL USE PERMIT TO FISHERMAN
4 JOHNNY'S LANDING FOR THE OPERATION OF
A COMMERCIAL RESTAURANT AT 3805 SOTO
5 STREET IN THE CITY OF VERNON
6
7 WHEREAS, Fisherman Johnny's Landing has applied
8 for a conditional use permit to operate a commercial
9 restaurant which will generate more than 20 vehicle trips
10 Per day per 1000 square feet of floor area at 3805 Soto
11 Street; and
12 WHEREAS, the City Council of the City of Vernon
13 held a hearing on said application for a conditional use
14 Permit on August 18, 1998; and
15 WHEREAS, the proposed site is in the General
16 Industry M Zone and Section 26.3.5-2 of the Comprehensive
17 Zoning Ordinance requires a commercial use, which generates
18 more than 20 vehicle trips per day per 1,000 gross square
19 feet of floor area, to obtain a conditional use permit; and
20 WHEREAS, the proposed site plan is adequate in
21 size, shape and topography for the proposed operation, has
22 adequate drainage, and landscaping, if required, will be
23 installed pursuant to the Vernon City Code; and
24 WHEREAS, the proposed site is surrounded by
25 industrial and commercial uses compatible with the proposed
26 use and no adverse effects have been anticipated from the
27 Proposed operation; and
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WHEREAS, the site has access to Soto Street and
37th Street/Bandini Boulevard through a reciprocal driveway
and traffic will generally travel on Soto Street and 37tn
Street/Bandini Boulevard to the restaurant, and Soto Street'
and 37th Street/Bandini Boulevard is of adequate size and
pavement -type to handle the traffic generated from the,
proposed operation
WHEREAS, the site, as proposed, has adequate off-
street parking and loading facilities as required by the
Vernon City Code; and
WHEREAS, the Community Services Department has
performed an Initial Study to determine that there will be
no adverse impacts to the environmentand has determined
that the proposed project will not have significant effect
on the environment, and the Director of Community Services'&
Water has recommended that a Negative Declaration be adopted
in compliance with the California Environmental Quality Act;
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 City Council has received a Staff
Report dated August 12, 1998 upon which it has relied in
making the foregoing recitals; and
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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: The City Council hereby finds on the
basis of the whole record before it (including the initial
study and any comments received) that there is no
substantial evidence that the project will have a
significant effect on the environment individually or
cumulatively, and that the Negative Declaration reflects the
City of Vernon's independent judgment and analysis, and on
the basis of said findings the City Council hereby approves
and adopts the Negative Declaration for the project.
SECTION 3: 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 and the project is therefore exempt
from the fees "otherwise payable under Section 711.4.
SECTION 4: Subject to the conditions set forth
below, the conditional use permit is hereby granted to
Fisherman Johnny's Landing for the operation of a commercial
restaurant at 3805 Soto Street.
SECTION 5: In order to adequately protect the
public health and general welfare the following conditions
are required;
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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.
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.
C. Prior to occupancy, Fisherman Johnny's Landing
shall obtain a sales tax permit from the State Board of
Equalization bearing the City of Vernon Tax number and a
City of Vernon business license.
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. The facility shall be operated in a manner
which will not impede traffic on Soto Street or Bandini
Boulevard / 37th Street.
f. All required frontage improvements shall be
constructed and all existing cracked sidewalk, curb and
gutter adjacent to the site on Soto Street shall be repaired
and maintained to meet City Standards.
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g. The owner of the property shall provide to the
City of Vernon a utility easement for underground electrical
lines, a transformer pad, and a vault which shall be located
on the property in a form and manner subject to approval by
the Director of Community Services and Water. Both
facilities located at 3805 and 3809 Soto Street shall be
served from a single transformer. The metering panel,
transformer pad, slab box, and underground conduits shall be
installed by the applicant in locations and with proper
clearance subject to the approval of the Director of
Utilities.
h. The project site shall be constructed and
maintained substantially in compliance with the site plan
submitted as part of this conditional use permit
application.
i. Adequate trash receptacles shall be provided
on the site to keep litter to a minimum. All Fisherman
Johnny's Landing, litter blown or dropped on adjacent
properties shall be retrieved and disposed of daily by
Fisherman Johnny's Landing or an employee that works for
both occupants of the building located at 3805 and 3809 Soto
Street.
j. Any expansion or change in use shall be
approved by the City Council.
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1 k. The parking, driveway access and landscaping
2 shall be developed in accordance with the site plan which
3 was submitted with this application and approved by the
4 Director of Community Services No changes shall be made in
5 the site development except with the prior approval of the
6 Director of Community Services.
7 1. All food preparation and storage equipment
8 shall be within the restaurant and shall be National
9 Sanitation Foundation (NSF) approved or its equivalent and
10 approved by the Health Department prior to installation and
11 use.
12 M. The restaurant shall comply with all
13 requirements of the California Uniform Food Facilities Law
14 (CURFFL) .
15 :SECTION 6 The City Council hereby approves (1)
16 City of Vernon Community Services Department Staff Report on
17 Fisherman Johnny's Landing Conditional Use Permit to Operate
18 a Commercial Restaurant at 3805 Soto Street dated August
19 12,1998, and (2) the Environmental Checklist Form and
20 Initial Study for the project dated July, 27,'1998. Copies
21 of said documentshave been submitted to the City Council
22 concurrently herewith, and the City Clerk is directed to
23 receive and file them. Such documents and other materials
24 which constitute the record of proceedings in this matter
25 shall be maintained in the office of the City Clerk, who is
26 and shall be the custodian thereof.
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SECTION 7: Noncompliance with the conditions set
forth in the conditional use permit shall be grounds for
voiding the permit pursuant to Section 26.5.2-10 of the
Comprehensive Zoning Ordinance.
SECTION IL, Fisherman Johnny's Landing 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
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 ofinjunction, 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
SECTION9 Not later than twenty (20)- days from
the date of this Resolution, Fisherman Johnny's Landing,
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with the conditions contained in Section 5 of th_
Resolution and the indemnification provision cone
Section 8-of the Resolution.
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SECTION 10: 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 18th day of August, 1998,
EONIS C. MALB �G, MayoAY
ATTEST.
;;z—, jo--
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. 7202 was duly adopted by the City
Council of the City of Vernon at a regular meeting of the
City Council duly held on Tuesday, August 18, 1998 and
thereafter was duly signed by the Mayor of the City of
Vernon. a
( SEAL )
Y
BRUCE V. MALKENHORST, City Clerk