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Resolution No. 7879RESOLUTION NO. 7879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT TO EXXON MOBIL CORPORATION FOR THE OPERATION OF A PETROLEUM RELATED USE LOCATED AT 2709 EAST 37TH STREET IN CITY OF VERNON WHEREAS, Exxon Mobil has applied for a conditional use permit to operate a petroleum related use at 2709 East 37tth Street; and WHEREAS, the City Council of the City of Vernon held a hearing on said application for a conditional use permit on December 13, 2001 and WHEREAS, Exxon Mobil is proposing to expand and modify its operations by constructing a new 50,000-barrel capacity aboveground storage tank for gasoline storage, which will convert existing 20,000- bbl (Tank #3) and 60,000-bbl (Tank #4) gasoline storage tanks to store fuel ethanol and will modify existing rail spur to include a new fuel ethanol unloading rack, construct a new fuel ethanol tanker truck loading bay and ethanol tanker unloading rack located at 2709 East 37th Street. Currently Exxon Mobil has both blending and storage operations at their site. The proposed expansion will primarily involve Exxon Mobil's storage distribution operations. And therefore a conditional use permit is required to expand a petroleum related use facility pursuant to Zoning Ordinance Section 26.3.5-3 (d); and WHEREAS, the proposed tank will occupy approximately .040 acres on a 32-acre parcel. The size, shape and topography of the parcel is adequate for the proposed operation; and WHEREAS, the proposed site is surrounded by industrial uses compatible with the proposed use. In accordance with the California Environmental Quality Act ("CEQA°), which identifies potentially 1 1 significant impacts on the environment from the proposed project. A 2 final EIR was prepared and certified on October 12, 2001. The State 3 clearinghouse number is (#2000081105). The final EIR concluded that the 4 proposed project would have significant unavoidable adverse impacts on 5 the environment related to construction emissions and the potential 6 accidental release of hazardous materials. Pursuant to the CEQA 7 Guidelines the Lead Agency, South Coast Air Quality Management District 8 ("SCAQMD") is filing a Notice of Determination. Mitigation measures were 9 made a condition of the approval of this project, and Findings were made,l 10 pursuant to CEQA Guidelines 15091. A Statement of Overriding 11 Considerations was approved by SCAQMD. Additionally mitigation- 12 monitoring program was also prepared by the lead agency, SCAQMD, to 13 mitigate any potentially significant effects; and 14 WHRERAS the City has reviewed and considered the EIR and has 15 determined that no additional mitigation is required; and 16 WHEREAS, the City, as the responsible agency, has complied 17 with its duties under 14CCR 15096; and 18 WHEREAS, the site is required to have adequate on -site parking - 19 and loading facilities in accordance with the Zoning Ordinance, 20 therefore, does not have an effect on off-street parking and loading 21 facilities; and 22 WHEREAS, the site has access to 37th Street, a collector 23 roadway with a right-of-way of 100 feet. The streets and highways 24 surrounding the proposed use have adequate in width and are improved as 25 necessary to carry the traffic expected by this proposed operation; and 26 WHEREAS, the proposed use as to location, operation, and 27 design is consistent with the General Plan and the Zoning Ordinance of 28 the City of Vernon; and 2 1 2 3 4 10 11 12 13 14 15 16 17 18 19 26 27 44 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 City Council has received a Staff Report dated December 10, 2001 upon which it has relied on making the foregoing recitals. 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 herein above are true and correct. SECTION 2: The City has considered the environmental effects of the project as shown in the EIR prepared by the South Coast Air Quality Management District and has determined that no additional mitigation is required. Additionally the City Council hereby approves the Findings and Statement of Overriding Consideration as approved by SCAQMD and outlined in the City's staff report. SECTION 3: Subject to the conditions set forth below, the conditional use permit is hereby granted to Exxon Mobil for the operation of a Petroleum Related use located at 2709 East 37th Street in the City of Vernon. SECTION 4: 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, and regulations and subject to permit fees and taxes adopted by the City of Vernon. 3 I b. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained from the Vernon Health Department if there are reportable quantities of hazardous materials on the site. C. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilitiesin compliance with appropriate codes. d. All storage operations shall take place within the proposed site. No equipment or materials shall be placed or stored outside. Adequate written plans and materials must be available for cleaning up of leaks or spills of petroleum gasoline or other substances associated with Exxon Mobil Oil operation. Installation of equipment shall utilize best available technology. The tanker unloading areas shall be provided with containment area to catch any spilled materials e. Broken or cracked sidewalk, curb, gutter or driveway in 37th Street adjacent to the site shall be repaired as directed by the Director of Community Services and Water. f. Exxon Mobil shall obtain all required federal, state, local and regulatory agency permits prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. g. All parking and loading facilities shall remain paved with a hard durable surface material in good repair and shall remain adequately drained, and kept free of dust, 4 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 off-street parking will not occur. h. The facility shall be operated in such a manner that noise and vibration shall not be a nuisance to neighborhood properties. At no time shall noise exceed 65db or vibration exceeds four hundredths of an inch per second particle velocity when measured at the property line. i. Plans for improvements to the facility and construction of structures shall be submitted to both the Department of Community Services and Health Department of the City of Vernon for review and approval. j. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in.a manner that will prevent unsanitary conditions, odors or other nuisances. 1. Exxon Mobil shall complete the Health Risk Assessment required by the Vernon Health Department to determine the potential health impacts from any soil contamination on the subject site. The Risk Assessment shall be completed by Exxon Mobil and submitted to the Health Department within two years of the date this conditional use permit is approved. Upon the Health 5 Departments approval of the Health Risk Assessment, any necessary remediation activities as determined by the Health Department, shall be performed by Exxon Mobil in accordance with the time schedule provided by the Health Department. M. Exxon Mobil shall install and maintain devices to detect leaks and spills, shall construct a bermor containment area to retain any spills, shall post signs indicating procedures for spill reporting, and shall maintain an approved spill prevention and response plan. All new and remodeled locations shall be properly labeled with appropriate warning labels. n. Exxon Mobil shall maintain on -site fire -fighting materials used specifically for hydrocarbon fires in a quantity and location specified by the Fire Chief. Exxon Mobil shall design a fire protection system in accordance with the U.F.C. Standard 79-1 and provide and maintain two Mobil fire monitors stored on -site. Exxon Mobil shall provide fire -fighting personnel to perform technical assistance from the Torrance facility when requested by the Vernon Fire Department. o. Exxon Mobil shall have all existing aboveground tanks containing diesel and gasoline fuels inspected according to SCAQMD standards (Rule 463) by certified inspector twice annually, and shall be maintained in accordance with state and federal laws and the latest A.P.I. standards. 6 p. Exxon Mobil shall obtain all permits from the SCAQMD prior to operating the facility. Exxon Mobil shall maintain an NPDES Permit with the State Water Resources Control Board, unless otherwise exempted. q. Exxon Mobil shall obtain a pole lease agreement with the Department of Utilities for all unauthorized facility cables attached on Vernon poles or remove the attachments. All attachments shall.be made to comply with G.O.95 standards. r. Exxon Mobil owned power poles shall be made to comply with the 1996 National Electrical Code ("NEC"). SECTION 5: In accordance with the CEQA, which identifies potentially significant impacts on the environment from the proposed project. A final EIR was prepared and certified on October 12, 2001. And upon City's review of the EIR for the proposed project the staff has determined that no additional mitigation is required. Based on the significant effects identified in the EIR, a Statement of Findings pursuant to CEQA Guidelines of 14CCR 15091, a Statement of Overriding Considerations will be adopted for this project since significant impacts were identified. Therefore, a Notice of Determination will be filed with the County Clerk and State Clearinghouse in compliance with Section 21108 of the Public Resources Code and CEQA guidelines 14CCR 15096. SECTION 6: 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 7: Exxon Mobil and any successors in interest shall indemnify, hold harmless, and defend the City of Vernon, its officers, 7 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 gross 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 8: Not later than sixty (60) days from the date of this Resolution, Exxon Mobil shall indicate, in writing, its acceptance of and agreement with the conditions contained in Section 4 of this Resolution and the indemnification provision contained in Section 7 of the Resolution. SECTION'9: 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 13th day of December, 2001 ATTEST BRUCE V. MALKENHORST, City Clerk 8 LEONIS C. MALBURG, Mdyo 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. 7879 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Thursday, December 13, 2001 and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) 9 SUP PORTING DOCUMENTS City of Vernon, Department of Community Services 4305 Santa. Fe Avenue, Vernon, CA 90058 (323) 583-8811 CONDITIONAL USE PERMIT APPLICATION PLEASE PRINT OR TYPE Name of Applicant (Print or Type Name of Business) Site Address Zip Code -ExxonMobil 2709 East 37th Street, Vernon, CA 90058 Contact Person Telephone Number Fax Number t Charlie Blank (310) 212-19D7 (310). 212-1744 Signature (Needs to be Notarized) Date - Project Title Mobil California Aix Resources Hoard (GARB) Phase 3-Reforlmlated Gasoline Project Purpose of Conditional Use Permit Application amend the existi ng Conditional Use Permit for the modification of two existing casoline storage t nks and one 4asoline loadincr rack, installation of 1 lane, Construction of a new truck unloading area and a new railcar unloading rack. Name of Property Owner Address Zip Code E'xxonMobil 3700 West 190th'Street, Zbrrance, C490509 Telephone Number Fax Number (310) 212-2800 (310) 212-1744 Signature Date Nate of Applicant's Representative or Contact Person (If different than above) Address Zip code Same as above Relation to Applicant P Engineer oArchitect o Attorney ❑ Realtor Is this person authorized to sign for the owner (Circle One) Yes No Telephone Number Fax Number Signature (Needs to be Notarized) Date FOR CITY USE ONLY - DO NOT WRITE BELOW THIS LINE CEQA Review Process Assessor Parcel No. - F Zone CEQA Exempt Section City Clerk's Use: Stamp receipt of application fee below Page 1 CONDITIONAL USE PERMIT INSTRUCTIONS AND CHECKLIST Conditional Use Permit Application and $1,500.00 Application Fee Initial Study / Environmental Checklist A vicinity map containing the following: ® Vicinity Map showing all properties within a three hundred (300) feet radius of the outside boundaries of the subject property (see Attached Sample). 09 Complete property owner's address list from the latest available Los Angeles County Tax Assessor's Roll for all properties within a three hundred foot radius of the subject property on mailing labels. 91 Complete tenant's address list for all properties within a 300 foot radius of the project boundaries on mailing labels. l Property Owner's List Statement completed by the person(s) who prepared said list stating that the list has been compiled from information obtained from the latest available Los Angeles County Tax Assessment Roll. This statement must be notarized. Traffic Report - showing on and off -site traffic routing including the number of vehicles, type of vehicles (truck or automobile), and arrival and departure times. Operations Report - a detailed report describing all operations that will take place on the, site including, but not limited to, operating hours, number of employees, number of shifts and hours, materials used in production and/or stored at the site, amount of material received and processed each day, any other details related to the operations, and any impacts that may caused to adjoining properties including but not limited to noise, vibration and odors._ Hazardous Materials Report - showing all hazardous materials being used, stored, produced or processed at the site. If hazardous materials are transported to the facility, indicate the quantities of each material, where they will be stored, how and what they will be transported in, and traffic flow patterns through the City and on the site. The report shall include how the materials will be handled or processed at the site and an emergency plan in case of accidental spillage on- or off -site. Development/Plot Plan - showing all existing and/or proposed improvements on the property including the following: M Site address, north arrow and scale (no less than 1" = 40'). FRI Overall dimensions of the entire property, including total square footage of each use including, but not limited to, industrial, warehousing and office uses. ® Location, by dimension and proper labeling of all: 1K1 Buildings and structures (existing and proposed) 0 Provided automobile parking, truck parking, truck loading spaces as well as their relative maneuvering areas. Ff Required automobile parking, truck parking, truck loading spaces, and truck maneuvering areas. Driveways, alleys, and access ways, including driveway entrances (including the driveway width) to and from public streets Page 2 of 10 Conditional Usc Permit Application Site drainage O Existing or proposed public or private easements Iij Floor plans showing: ❑ The proposed location of all heavy machinery used in manufacturing (i.e. punch presses, drop hammers, riveters, automatic screw machines, etc.) and any proposed moorings or foundations; and M The areas proposed for storage, use, processing of explosive, toxic, infectious, or hazardous materials and the facilities proposed to protect them. F Page 3 of 10 Conditional Usc PemiitApplication PROJECT DESCRIPTION (attach additional sheets as necessary) 1. Site size. 0.40 acres on a 32-acre parcel 2. Square footage of each building (including any covered structures or canopies). A new canopyof a oximatel 2,000 s e feet will be constructed for the new 122 in , bay. 3. Number of floors of construction. None 4. Amount of off-street parking and loading provided: a. Number of automobile parking spaces 50 b. Number of truck parking spaces 11 C. Number of truck loading spaces 0 5. Proposed scheduling. See Section 2 - 6. Associated projects. None 7. Anticipated incremental development (additional phases). None S. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents and type.of household size eypected (on attached sheet). N/A 9. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities (on attached sheet). N/A ,010. If industrial, indicate type, estimated employment per shift, and loading facilities (on attached sheet). See Section 2 11. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project (on attached sheet). N/A Page 4 of 10 Conditional Use Permit Application BURDEN OF PROOF The applicant is required to establish the following before submitting a conditional use permit application: A) The site for the proposed use is adequate in size, shape and topography, including drainage and landscaping See Section 3 B)'The proposed use will not have an adverse effect upon adjacent or abutting properties in terms of traffic, parking noise, odors, dust, smoke, light or glare, or risk of fire, infection or explosion: See Section 3 C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. See Section 3 D) The site has sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity of traffic generated by the proposed use, and that the routes which vehicles will have to follow to reach the site are adequate in width and pavement type to . carry the volume of traffic generated by the proposed use. See Section 3 E) The site has adequate off-street parking and loading facilities: See Section 3 F) The use, as to location, operation and design, is consistent with the general plan, any applicable specific plan and the zoning regulations of the City of Vernon and all applicable County, State and federal law, rules and regulations. See Section 3 Signed (Applicant) Page 5 of 10 Conditional Use Perniit Application 07-30-01 01:23PM FROM- T-168 P.04/04 f-506' PROPERTY OWNERS LIST STATEMENT The .ndersigned has duly prepared the attached "Property Owners List". The list includes all of the r:umes, and respective addresses, of persons being owners of property any part of which is with 1 300 feet of the outer boundaries of the subject property. This information is to be obtained from the Iatest available Los Angeles County Tax Assessment Roll. This ist was prepared on 7" 2 7 " O / from the Tax Roll maintained at ,_ rAAI- Dart A cr Aeo -x c. fix/ p v Td M 4 "e V wr *#, 401*4"A Xt C-� 90tg50 7 (Name and Location of office) It is i inderstood that the accuracy and completeness of this list is the responsibility of the appli.:nt. Signed: (PersonPoprepa4red list) On t3,is QV\)& day of 1© t, before me the underno0se-y-1 ed, a Notary Piubl in and for said County and S to personally appeared ula knov .. to me, or proven to me to be the person that executed the within instrument. WIT JESS my hand and official seal _ Notary Public Vid for said County and State �MR1tL;�,lt1.� _ itt 17� ��- My commission expires• , 1 `*c, signed -(Applicant) b lie Page 6 of 10 Conditional Use Permit Appiicatkm fo ENVIRONMENTAL CHECKLIST Date Filed: .General Information 1. Name and address of developer or project sponsor: ExmnMobil 3700 West 190th Street Torrarice, CA 90509 'll 2. Address ofJ project: 2709 . East 37th Street P Vernon, CA 90058 Assessor's Block and Lot Number: APN - 6302-002-18 3. Name, address, and telephone number of person to be contracted concerning this project: Charlie Blank, -, Exxo obil 3700 West 190th Street, Torrance, CA 90509 (310) 212-1907 4. Indicate number of the permit application for the project to which this form pertains: _ See Section 4 5. List and describe any other related permits and other publicapprovals required for this • project, including those required by city, regional, state and federal agencies: City of Vernon - DAlding Permit Variance UPC7 : 2,221 South Coast AQM - Aix Operating Permit 6. Existing zoning district: 7. Proposed use of site (Project f®r which this form is filed): Existing Petroleum Terminal f Project Description: 8. Site Size: 0.40 acres on a 32-acre parcel 9. Square footage: 17,563 square feet 10. Number of floors of construction: 0 ` Page 7 of 10 ConditionaI Use Permit Application 11. Amount of off-street parking provided: 50 12. Attach plans:. See Section 4 13. Proposed scheduling: See Section 4 14. Associated projects: None 15. Anticipated incremental development: None 16. If residential include the number of units schedule of unit sizes, range of sale prices or rentsand type of household size expected N%A 17. If commercial, indicate the type, whether neighboring, city or regionally oriented square footage of sales area, and loading facilities NfA 18. If industrial, indicate type, estimated employment per shift, and loading facilities See Section 4 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project N/A 20. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required See Section 4 Page 8 of 10 Conditional Use Pcrmit Application Are any of the following items applicable to the projects or its effects? Discuss on an _ attached sheet all items checked yes (attach additional sheets if necessary). YES NO ❑ IN 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial _alteration of ground contours. ❑ 0 22. `Change in scenic views or vistas from existing residential areas or public lands or roads. 0 121 23. Change in pattern, scale or character of general area of project. ❑ 1N 24.. Significant amounts of solid waste or litter. 0 29 25. Change in dust, ash, smoke, fumes or odors in vicinity. 0 ® 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. M 27. Substantial change in existing noise or vibration levels in the vicinity. 0 IM 28. Site on filled land or on slope of 10 percent or more. 0 p 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. See Section 4- ❑ IN 30 Substantial change in demand for municipal services (police, fire, water, sewage, etc.) ❑ ® 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) 0 ® 32." Relationship to a larger project or series of projects. Environmental Setting 33. On an attached sheet, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historic or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be acceptable. See Section 4 34. On an attached sheet, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be acceptable. See Section 4 Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statem nts, and information presented are true and correct to the best of my knowledge and belief. du - (Signature) Date EM Page 9 of 10 Conditional Use Permit Application 2.0 PROJECT DESCRIPTION 1. Site Size: Approximately 0..40 acres of land within 32 acres of total property 2. Square footage of each building (including any covered structures or canopies): A new canopy of approximately 2000 square feet in size will be constructed for the new loading bay. 3. Number of floors of construction: N/A 4. Amount of off-street parking and loading provided: 61 a) Number of automobile parking spaces: 50 (no change from existing) b) Number of truck parking spaces: 11 (no change from existing) c) -Number of truck loading spaces: (new ethanol truck loading rack and new loading lane at existing truck loading rack are part of project) 5. Proposed Scheduling: Construction activities are scheduled to begin in December2001, and are expected to last for 8 to 10 months. Construction -related activities will occur during one 8-hour shift per day, Monday through Friday, from 7:15 AM to 3:45 PM. 6. Associated Projects: None r , 7. Anticipated incremental development (additional phases): None 8. if residential, include the number of units, schedule of unit sizes, range of sale prices s or rents and type of household size expected: N/A 9. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: i` N/A L 10. If industrial, indicate type, estimated employment per shift, and loading facilities: The truck transport drivers will make up the bulk of the workforce. During the week, drivers work either 4 shift of 10 hours, 5 shifts of 10 hours, or 6 days on and 3 days off. The shifts are equally split between day and night. The number and distance of the loads determines how often tanker trucks return to the Vernon Terminal during their shift. There is one of.six terminal operators on duty, with some overlap, 24 r y hours a day. There are two accountants, two maintenance personnel, one staff support employee, and three supervisors who work Monday through Friday on traditional 8-hour days. The garage personnel work Monday through Friday on 8- hour shifts. Tanker trucks are loaded through a controlled automated loading rack, operated by a vehicle driver. Equipment installed in the loading rack and on the tanker trucks is designed to shut-off the flow of product should a possible overfill occur. The proposed project is not expected to alter existing operating activities significantly. Changes to operational employment would be minimal. Following project startup, one additional terminal operator wilt be added to the existing work force. 11. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A r, 4 L y Ly 3.0 BURDEN OF PROOF A) The site for the proposed use is adequate in size, shape and topography, including drainage and landscaping. As the attached site plan shows, the layout of the proposed area to be developed is roughly 0.40 acres of the project site. The site is designed to allow ample room to maneuver trucks. The 32-acre proposed additions and modifications would not interfere with current operating activities. B) The proposed use will not have an adverse effect upon adjacent or abutting properties in terms of traffic, parking noise, odors, dust, smoke, light or glare, or risk of fire, infection or explosion. The proposed development would occur within ExxonMobil's existing terminal. The, proposed use is consistent with existing terminal operations, and with the industrial nature of adjacent development. ExxonMobil Oil Corporation (ExxonMobil) has worked with the Vernon Fire Department to ensure that. the facility is designed to meet the latest fire standards of the appropriate agencies. In addition, ExxonMobil will implement modem industrial technology and design standards, regulatory health and safety codes, training, and operating, inspection, and maintenance procedures to prevent and minimize the risk and severity of potential upset conditions. C) The proposed project use will be compatible with the permitted uses of surrounding and adjacent properties. The proposed would be located within an industrial area. As a permitted use, the project would conform to the goals of local land use and zoning ordinances. Also, the development would be consistent with existing surrounding and adjacent industrial uses. D) Thesitehas sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity of traffic generated by the proposed use. The routes vehicles would have to follow to reach the site are adequate in width and pavement type to carry the volume of traffic generated by the proposed use. The site is located within an industrial area. it is surrounded by roadways that are heavily traveled by large trucks and automobiles. Incremental traffic volume would be small and spread through the day, i.e., not concentrated in AM or PM peak traffic periods. Therefore, project impacts to the current traffic volumes and flow conditions are expected to be minimal. E) The site has adequate off-street parking and loading facilities The proposed development would not affect existing parking, loading, or P P P 9 P 9� 9. maneuvering capabilities. F) The use, as to location, operation, and design, is consistent with the general plan; applicable specific plan and zoning regulations of the City of Vernon, and the applicable County, State and federal law, rules, and regulations. The Vernon Terminal is located in zoning and land use designation M (General Industrial). Section 26.3.5-3 (d) of the Vernon Zoning Ordinance allows petroleum related uses, subject to the approval of a Conditional Use Permit (CUP). Prior to the proposed the development, the City of Vernon will require an amendment to the CUP. P k n 5 ,o 4.0 ENVIRONMENTAL CHECKLIST 1. Name and address of developer or project sponsor. ExxonMobil Oil Corporation 3700 West 1901' Street Torrance, CA 90509 2. Address of Project: 2709 East 37"' Street Vernon, CA 90058 Assessor's Block and tot Number. APN 6302-002-18 3. Name, address, and telephone number of person to be contacted concerning this project: Mr. Charlie Blank, ExxonMobil Oil Corporation 3700 West 190th Street Torrance, CA 90509 (310) 212-1907 4. Indicate number of the permit application for the project to which this form pertains: ExxonMobil is currently applying for a Building Permit with the City of Vernon. Therefore, a permit application number has yet to be assigned. 5. List and describe any other related permits and other public approvals required for P this project including those required by the city, regionalstate, and federal agencies: a City of Vernon — Conditional Use Permit Building Permit P Variance to UFC Section 7902.2.2.1 South Coast Air Quality Management District — Air Operating Permit 6. Existing Zoning District: T General Industrial (M) , 7. Proposed use of the site (Project for which this form is filed): Modifications at existing petroleum distribution terminal 8. Site size: 0.40 acres on a 32-acre parcel r 9. Square footage: 17,563 square feet 10 Number of floors of construction: 0 . 11. Amount of off-street. parking provided: 50 (no new spaces needed or provided as part of project) 12 Attach plans: The site plan is provided in Section 9.0 13. Proposed scheduling: Construction activities are scheduled to begin in December 2001, and are expected to last for 8 to 10 months. Construction -related activities will occur during one 8-hour shift per day, Monday through Friday, from 7:15 AM to 3:45 PM. A 14. Associated Projects: None 15. Anticipated incremental development None 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents and type of household size expected. N/A 17. if commercial, indicate the type, whether neighboring, city on regionally oriented square footage of sales area, and loading facilities. N/A 18. If industrial, indicate type, estimated employment per shift, and loading facilities The Vernon Terminal is a wholesale plant facility distributing motor vehicle fuels (gasoline and diesel). The terminal is open 24 hours a day, 7 days a week, 365 days a year. The transport drivers make up the bulk of the work force. During the week, drivers work either shifts of 10 hours 5 shifts of 10 hours, or 6 days on and 3 days off. The shifts are equally divided between day and night. There is at least one of six terminal operators on duty 24 hours a day. During normal business hours, therm will be two accountants, one staff support, and three supervisors on duty. Equipment installed in the loading rack and on the tank trucks is designed to shut-off the flow of product should a possible overfill occur. 19. If Institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A 20. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required Section 26.3.5-3 (d) of the Vernon Zoning Ordinance allows petroleum -related uses, subject to the approval of a Conditional Use Permit (CUP). Therefore, the City of Vernon will require an amendment to the existing CUP. Uniform Fire Code Section 7902.2.2.1 states that: "The storage of Class I and Class II liquids in aboveground tanks outside of buildings not exceeding three (3) 6,000 gallons per parcel in approved containers is permitted within the limits of the City of Vernon." The proposed tank will exceed this limit of 6,000 gallons and will therefore require a variance to the 1997 UFC Section 7902.2.2.1. l Are any of the following items applicable to the projects or its effects?Discuss on an P attached sheet all items checked yes (attach additional sheets if necessary). L YES NO X 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. X 22. Change in scenic views or vistas from existing residential areas or public lands or roads X 23. Change in pattern, scale, or character of general area of project. X 24. Significant amounts of solid waste or litter X 25. Change in dust, ash, smoke, fumes, or odors in vicinity. X26. Change in ocean, bay, lake, stream, or ground water quality or quantity, or alteration of existing drainage pattern X 27. Substantial change in existing noise or vibration in the vicinity X 28. Site on filled land or on slope of 10 percent or more X 29. Use or disposal of potentially hazardous materials, such as toxic • substances, flammables, or explosives. Please see explanation below X 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) X 31 Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) X 32. Relationship to a larger project or series of projects. 29. As a flammable and toxic substance, ethyl alcohol, better known as ethanol, is considered a hazardous material To reduce the potential for adverse impacts, Mobil will submit a Hazardous Materials Inventory report to the appropriate agency 30 days following project initiation. An updated Chemical Inventory and j Business/Contingency Plan for the chemicals that are currently stored onsite is provided in Section 8.0. Section 8.0 also includes a copy of the Hazardous Materials Description form for the use of ethanol that will be submitted to the City of Vernon following project startup. 33. On an attached sheet, describe the project site as it exists before the project, including information of topography, soil stability, plants and animals, and any cultural, historic, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid be photos would acceptable The project facility is situated on a portion of an existing distribution terminal. It is essentially flat, with sufficient slope for drainage. The site is completely paved, and is not known to harbor any plant or animals. The site is not known to have any cultural, historical, or scenic significance. Photographs are provided as an attachment to this application. 34.On an attached sheet, describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate type of land use (residential, commercial, etc.), and the scale of development (height, frontage, setback, rear yard, etc.) ` The project site is bounded to the north, south, and east by the other facilities of the existing terminal. The area to the west (across Jewel Street) is developed with a mixture of industrial and commercial uses. Land uses in the immediate vicinity are industrial, as Vernon is located at the center of a transportation network serving the southern California market. The project site is not known to harbor any plants or animals. Some trees and shrubs have been provided to landscape various buildings. The area is not known to possess any cultural, historical, or scenic significance. Nearby structures include aboveground storage tanks and large warehouse -type buildings with loading docks. The area does not appear to have uniform setbacks, heights, or frontages. P ti • Main Entrance 0 Four -lane truck loading area • ExxonMobil Vernon Terminal East of Jewel Avenue �1 Automobile Parking Area- South portion of the site • Truck parking area - North of loading rack 11 • Truck Parking Area - Northeast of loading rack E Truck parking area- North of automobile parking area 9 • • New storage tank area currently used for truck parking— Northeast of main entrance Site exit — South of main entrance • • West of Jewel Avenue Entrance and exit gate- West view New fuel ethanol truck unloading area- West of main entrance • New railcar unloading area (fuel ethanol) — West of main entrance Truck parking area — Southwest of main entrance • 0 Truck parking area — Southwest of main entrance • 6.0 TRAFFIC REPORT The ExxonMobil Vernon Terminal is located on East 37"' Street in the City of Vernon. On -site and off -site access to the Terminal is provided by entrance and exit gates onto Jewel Street. The nearestsignalizedintersection is located 600 feet from the Terminal gate at Jewel and East 37t6 Street. Traffic volumes for East 3r Street at Jewel are approximately 8,000 to 10,000 vehicles per day with a level of service (LOS) A for both AM and PM peak hours. Peak traffic hours in this area are between 7.00 A.M. to 9:00 A.M. and 4:00 P.M to 6:00 P.M. Soto Street is the nearest major thoroughfare and is located just east of Jewel. LOS for the Soto/37th Street intersection is C for morning and E for evening traffic flows. Trucks traveling to or from the facility would be expected to use 37th Street and Soto to travel to or from the nearest freeways (Interstates 5 and 10 and the 60 Freeway) that converge just north of the facility. During project operations, up to 19 tanker trucks would deliver fuel ethanol to the Vernon Terminal on a daily basis. Up to 46 truckloads of fuel ethanol per day would be shipped to other terminals. Thus, the project would add a maximum of 65 trucks per day to the existing vehicle movements. Although the nearest intersection has poor LOS during the PM peak period, the project traffic volume would not be concentrated in the morning or evening peak hours. Given that a total of 65 truck trips per day would be spread throughout the day, traffic impacts in the vicinity of the Terminal are expected to be minor. Vi • 7.0 OPERATIONS REPORT 1. Site Improvements To meet the California Air Resources Board (CARE) Phase 3 Reformulated Gasoline Specifications requirement, ExxonMobil proposes to modify the Vernon Terminal, a wholesale plant facility distributing motor vehicle fuels (gasoline and diesel). The proposed terminal changes are as follows: ■ Modify existing rail spur to include a new fuel ethanol unloading rack ■ Construct a 50,000-bb1 gasoline tank ■ Convert existing 20,000-bbl and 60,000-bbl gasoline storage tanks to store fuel ethanol ■ Construct a new fuel ethanol tanker truck loading bay ■ Construct a new fuel ethanol tanker truck unloading rack During existing operating conditions, fuel products are received by pipeline and stored in tanks. Tanker trucks are loaded through a controlled automated loading rack, operated by authorized personnel. Equipment installed in the loading rack and on the tanker trucks is designed to shut-off the flow of product should a possible overfill occur. Following the proposed additions and modifications, fuel ethanol would be brought to the Vernon Terminal by rail car and tanker truck. Up to 15 rail cars or 19 tanker truckloads will bring fuel ethanol to the Vernon Terminal on a daily basis. Up to 46 truckloads of fuel ethanol would be shipped from the Vernon Terminal to other facilities. A new tanker truck unloading rack and a new rail car unloading rack will be constructed to receive fuel. The fuel ethanol will be loaded into two existing floating roof tanks (Tank 3 - 20,000 barrels and Tank 4 - 60,000 barrels), which will be converted from gasoline 6 storage to fuel ethanol storage. F The new rail car unloading rack will include two new pumps (each with an unloading rate of 2,000 gpm), piping, and fittings. The piping will connect the loading rack to Tanks 3 t and 4. New railroad car track pans will be installed in association with the unloading rack, which will be located in an existing paved area. A new two -position tanker truck unloading rack will be constructed. Each position will have a pump with an unloading rate of 650 gpm. Additional piping and metering equipment will be installed. A new fuel ethanol truck loading lane will be installed at an existing loading rack. The new truck loading lane will consist of a loading bay with six arms, two pumps rated at • 1,200 gpm, and a canopy. An existing vapor recovery unit and thermal oxidizer will be used to control ethanol emissions. The four -lane truck loading rack will be modified to blend fuel ethanol as the tanker trucks are being loaded. New piping and metering equipment will be installed to allow for ratio blending of fuel ethanol and gasoline directly into the tanker trucks. Lighting will be installed for the tanker truck loading and unloading areas, the new tank, and the rail car unloading rack. 2. Schedule of Operation The terminal is open 24 hours a day, 7 days a week, 365 days a year. The drivers make up the bulk of the workforce. During the week, drivers work either 4 shifts of 10 hours, 5 shifts of 10 hours, or 6 days on and 3 days off. The shifts are equally distributed between day and night. There is at least one of six terminal operators on duty 24 hours a day. During normal business hours, there will be two accountants, one staff support, and three supervisors on duty. 3. Land Use and Zoning The Vernon Terminal is located within the City of Vernon Planning Area 3 and is zoned by the City of Vernon as General Industrial (M). No significant changes in the boundaries or composition of this land use district are planned. The location, type, and distribution of existing land uses are generally consistent with those proposed in the General Plan (City of Vernon, 1992). There are no specific plans under consideration for redevelopment, nor are there any changes of the planning area under consideration (Pirnejad, 2000). Therefore, impacts to adjoining properties are not expected to occur. 8.0 HAZARDOUS MATERIALS REPORT Ex konMobil Refining & Supply Company CO West 190th S•.raet ".-wce C ifitorrnn tins:}c- E�onMobil Refining & Supply July 5, 2001 Mr. Lewis J. Pozzebon Director/Health Officer City of Vernon 4305 Santa Fe Avenue Vernon. CA 90058 ExxonMobil Oil Corporation Vernon Terminal Hazardous Material Chemical Inventory & Business / Contingency Plan Dear Mr. Pozzebon Enclosed is the updated Chemical Inventory and Business / Contingency Plan for ExxonMobd Oil Corporation's Vernon Terminal located at 2709 East 37`" Street, Vernon. CA. An updated diagram shows the location of all the storage tanks (both above ground and under ground), in addition to the remaining drum, cylinder and case goods. If you have any questions, please call me at (310) 212-4668. Sincerely, to,,, Kimberlie G. Yeager Environmental Advisor Enclosure CC Jim'Ulwelling. Vernon Terminal File Page 1 of Reporting Period 1 /1 to 12/31 19 4305 Santa Fe Avenue, Vernon, CA 90058 (213) 583-8811, Ext. 272 HAZARDOUS MATERIALS ESTABLISHMENT REPORTING FORM Please Use Typewriter or Print Clearly REFER TO GUIDE FOR EXPLANATION OF FORM ELEMENTS 1. FACILITY & OWNER / OPERATOR IDENTIFICATION Business Name: ExxonMobil Oil Corporation / Terminal Facility Street Address:_709 E. 37th Street City: Vernon State: CA Zip Code: 90058 Dun & Bradstreet No.. 02-0761-672 SIC Code (4 digit #): 5171 Nature of Business: Crasol ine Terminal Owner / Operator Name: Charlie Blank - Western Region _ &r Phone Number:_(310) 212-1907 City: Vernon State: rA Zip Code: Qr10SR It. EMERGENCY CONTACTS / FACILITY EMERGENCY COORDINATOR Primary Secondary Name: Jim L 1w fling Name: Tian H idoinG Business Phone: (323) 586-5375 Business Phone:.(l ^t 2-1 R94 -Hour Phone: 4p77)S4g_1 1 g1 24-Hour Phone: ( �. i ;-7 278 e: TerminalS„Ferintendant Title:, r: i e1d Operations Sup✓Prv_i am ame of Facility Emergency Coordinator if different from above: ji n 111wr 1 1 i nt For State/Fed planning: O We handle Extremely Hazardous Substances / Acutely Hazardous Materials O There are school(s) i hospital(s) / extended care facilities within 1,000 ft. (straight line distance) of my facility. PROPERTY OWNER'S INFORMATION Name: ExxonMobil Oil Corporation Address: 3225 Gallows Road, Fairfax, VA 22067 Phone Number:_O 849-Innn PERMIT INFORMATION: A. L.A. Sanitation District (Industrial Waste) REVIEW THE LIST OF AGENCY NAMES. 8 South Coast Air Quality Management District IF YOUR BUSINESS HAS A PERMIT ISSUED BY ANY OF THEM FOR HAZARDOUS C. Environmental Protection Agency Identification No. SUBSTANCES OR WASTE. GIVE THE PERMIT D. Other Agency, Specify name ADMINISTERING AGENCY USE Facility I.D. # Application Fee Amendment Fee ! CER IFY UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I HERE Y CONSENT TO`A%NECESjFt( INSPECTIONS MADE PURSUANT TO LAW AND INCIDENTAL TO THE ISSUANCE OF THIS PERMIT. k Slgn;ture of Business Owner or Authorized Name rue Terminal Superintendant Date PLEASE RETURN THIS COMPLETED FORM ON OR BEFORE 4 s (Printed on Recycled Paper) • CITY OF VERNON HAZARDOUS MATERIALS ESTABLISHMENT REPORTING FORM BUSINESS/CONTINGENCY PLAN Please Use Typewriter or Print Cleor/y REFER TO GUIDELINES FOR INSTRUCTION ON PREPARING CONTINGENCY PLANS BUSINESS NAME: Eaxon.*iobil Oil Corporation ADDRESS: 2709 East 3'th Street Vernon CA 90058 IV. EMERGENCY RESPONSE PROCEDURES Identify the person by name and title who will immediately notify the State Office of Emergency Services, OES, (telephone number 1-800-852-7550 or 1-916-427-4341) and the City of Vernon Fire Department (dial 911) of a release or potential release of hazardous material: NAME: Jim Clwelling TITLE: Terminal Superintendant If business has an additional emergency response notification system, explain here: N/A Identify person by name and title who will notify people within the business ° facility who must respond to the incident: NAME: Jim Ulwelling TITLE: Terminal Superintendant Identify local emergency medical assistance that will be used in the event of an emergency: f NAME: Vernon Fire Department ADDRESS: 4305 So. Santa Fe Avenue, Vernon, CA 90058 PHONE NUMBER: 911 Identify procedures used to mitigate, prevent or abate hazards to persons, property or environment. List and describe available equipment and materials: - Fire Alarm system to notify personnel - Foam system on Loading Rack - Foam system on tank farms - Fire Extinguishers - water Sprinkler system in Buildings Describe method used In Immediate notification and evacuation of the business: All employees have be trained to evacuate to designated areas Identify evacuation routes and safe collection areas on schematic diagram of building and lot. Explain rail call procedures: See attached crap COMPLETED BY• =:im Yeager / Jim L'•lwelling (323) 586-5375 TITLE: Environmental Advisor (310) 212-4668 DATE: - t/9t CITY OF VERNON HAZARDOUS MATERIALS ESTABLISHMENT REPORTING FORM BUSINESS/CONTINGENCY PLAN - TRAINING Please Use Typewriter or Print Clearly REFER TO GUIDELINES FOR INSTRUCTION ON PREPARING CONTINGENCY PLANS BUSINESS NAME:. Exxon.Mobil Oil Corporation ADDRESS: 2709 East 37th Street, Vernon, CA 90058 V. TRAINING The training program shall be reasonable and appropriate for the size of the business and the nature of the hazardous material handled. Describe the training methods of safe handling of hazardous materials: Safety workshops are held quarterly with procedures of handling hazardous materials Describe procedures used for coordination with local emergency 'response organizations, both public and private: - Notifv neighbors of releases or incidents - Fire Department is coming quarterly to familiarize/review Exxonriobil equipment - Fire Department is having an onsite emergency drill of the Terminal Describe training in the use of emergency response equipment and supplies which are under your control: All :ersonnel are trained & review policies and procedures on a regular basis Describe training of employees on emergency plan and procedures: rmplovees are trained to use correct exit routes and to gather at a designated site away from potential danger Describe policies and procedures which assure that appropriate personnel receive initial as well as refresher training: Training is done on a quarterly basis. 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O N o cQ U ❑ > Q vi L a e- O U W Q ❑ V U V m (x LL O© �- x m ❑ y ri _t7 t°- � ��- co c LU J > ❑ ❑ = 'm J m Q ❑ Fp ❑ per 1� 0= m ❑ U Z J CO J U m 210 W Z lU ^ Z Z 4) W Q H _ w ~ .~_.i �8 iW7 Z d 72s N Q V' F �QO V> Nw N M O U J� U Q C E aEi t- ¢ Ucc Oi- U)i0 p a a u, o UU ❑ v }N �Q Q J ►�- E E a = X U0 REVISION moat TRUCK asP AD INARElIOUSE ROOM -e ' OMTEMSNCEMWI ❑ Y �� ' TRUCK FUEL r'' � ��.,,,'y^'`�� BLAND `" F 1 ru >ARKING LOT j Ney ` SAFE HAVEN i i •3L<:ice i; EVACUATION RE AREA LEGEND � - EVACUATION ROUTE VERNON TERMINAL EVACUATION PLAN DIAGRAM 2709 E 37TH ST VERNON 90058 DATE SCALE V-200' JDWG NO. B-1835 lw 3/4 IREV B 0 a p o p O O C N yV N Q � j,U C > N UN N (G MCN 0..0 N m 0 0 N U)? S nJ a' Q C = CN O O E .-- r N O J Y U = V _ f� N Cl V O C N fd Z Q w z (D z o o a C ri U W 40 g oQ to Q a O .= ..J O N N p O N LO 0) Q N E© E O Q Q H O U O N C LL V' ? T �, a o Y Z Y Z o 0 ~ coQ OQZ N O Q 2 F- Cl) c O U LO O Z N >, Q >+ Co 0 W Q W Q ti �-- z F- QOZ i a U�D M O o� �' o E N ¢ `° r p m v Z :U/► Q O M pr N U W ❑ _ m I--C) ❑ N J 'a 0 �.1 Z D Z Q Q -0 U LO C i �w v� W0 �v ❑ 4) rnD a ❑ ❑cc C� ❑ ' <t W n: o 0 cag- rn o � > N a ❑ O 6 Q O t0 z 9 Vi c, o m �� ❑ H co Co ID J J'-' 130Le co 0 K Q O _ a =c © C ca Z CO 76 N W � 0 J �—V LU �N ❑ ❑ _ U-M S W N ^ N N d z -� QO W �� N �7 ZZ Q =� ca UJ O0070 4) 0) �w- V ¢ Q VZ< U O p a caQ w N .y. �C°0V Q U Om UaO �V °)-a EU) N a o U U ® U 2 G Q X 0 O` 2 � 9.0 DEVELOPMENTIPLOT PLAN ■ Figure 1 - Site Plan ■ Figure 2 - Site Drainage Diagram i 0 M —1 N ;U ;u m �0 �c c cozy c '- m 00 oo,� �D= ' vy Q zz G) O —10 0 oz CA Amo .qz IJ 1.1 I IJ I. J JJJJJJJ.. J W cn o D leg o z o , XX �4 aj IL ¢ N § I 1 C •• > hl ' SjNN � 9 pp T �$ 1 u O ° � z g W V s Q acta m +. !' 0 m5 .Npi M I --- -- - - - O � �X� ��. �� m Y Z H rw V �LL LOL d CO O CD W co Z e to ' 1 1 Z'.'.` U. t i F¢— owcy1 W CJ 1 �0N 1 /l) 1 co O 1 1 i z Z_ LL 1 (n Q v/ F- 0 w Z N u..UQ W w�� z F- YS Olos 'anv 'tom � S Z� Q C o$ o E Of ,_L 5 W a:Z w m O m Q 0 N o ui rol rill L J > z w UU U <L I— QCf) cn IF O Z O0 O H to <t c/) Qz Q � Q iz o� o 0 w • w CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 011 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 December 5, 2001 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 Y-/ 1 7 11 ��r3\ STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Gentlemen: Exxon Mobil Corp. has applied for a conditional use permit to operate a Petroleum Related Use at 2709 East _37th Street in the City of Vernon. After review of the application by the Community Services Department, it is recommended that the conditional use permit be granted. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing, and Notice of Rescheduled Public Hearing. 4. Notice of Rescheduled Public Hearing. Honorable City Council -2- December 5, 2001 The project is consistent with the General Plan as adopted by the City of Vernon. Therefore, it is recommended that the City Council determine 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the significant environment effects on the proposed project have been considered. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. Additionally it is recommended that the City Council adopt finds for the project and a Statement of Overriding Consideration as described in the Staff Report. Further it is recommended that the conditional use permit be granted subject to the following conditions set forth below: CONDITIONS: (a) The facility shall be operated in accordance with, and made to conform with all current codes, rules, and regulations and subject to permit fees and taxes as adopted by the City of Vernon. (b) Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained from the Health Department if there are,reportable quantities of hazardous materials on the site. (c) Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in with appropriate codes. (d) All storage operations shall take place within the proposed site. No equipment or materials shall be placed or stored outside. Adequate written plans and materials must be available for cleaning up of leaks or spills of petroleum gasoline or other substances associated with Exxon Mobil operation. Installation of equipment shall utilize best available technology. The tanker unloading areas shall be provided with containment area to catch any spilled materials. Honorable City Council -3- December 5, 2001 (e) Broken or cracked sidewalk, curb, gutter or driveway in 37th Street adjacent to the site shall be repaired as directed by the Director of Community Services and Water. (f) Exxon Mobil shall obtain all required federal, state, local and regulatory agency permits prior to operation. Exxon Mobil upon completion of project shall submit amendments to the Hazardous Materials Inventory Permit, Spill Prevention Control and Countermeasures Plan, and the Regional Water Control Board's Storm Water Discharge. Prior to occupancy a business license and occupancy permit shall be obtained. (g) All parking and loading facilities shall remain paved with a hard durable surface material in good repair and shall remain 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 off-street parking will not occur. (h) The facility shall be operated in such a manner that noise and vibration shall not be a nuisance to neighborhood properties. At no time shall noise exceed 65db or vibration exceeds four hundredths of an inch per second particle velocity when measured at the property line. (i) Plans for improvements to the facility and construction of structures shall be,submitted to both the Department of Community Services and Health Department of the City of Vernon for review and approval. (j) The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. (k) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. (1) Exxon Mobil shall complete the Health Risk Assessment required by the Vernon Health Department to determine the potential health impacts from any soil contamination on the subject site The Risk Assessment shall be completed by Exxon Mobil and submitted to the Health Department within two years of the date this conditional use permit is approved. Upon the Health Departments approval of the Health Risk Assessment, any necessary remediation activities as determined by the Health Department, shall be performed by Exxon Mobil in accordance with the time schedule provided by the Health Department. Honorable City Council -4- December 5, 2001 (m) Exxon Mobil shall install and maintain devices to detect leaks and spills, shall construct a berm or containment area to retain any spills, shall post signs indicating procedures for spill reporting, and shall maintain an approved spill prevention and response plan. All new and remodeled locations shall be properly labeled with appropriate warning labels. (n) Exxon Mobil shall maintain on -site fire -fighting materials used specifically for hydrocarbon fires in a quantity and location specified by the Fire Chief. Exxon Mobil shall design a fire protection system in accordance with the U.F.C. Standard 79-1 and provide and maintain two Mobil fire monitors stored on -site. Exxon Mobil shall provide fire -fighting personnel to perform technical assistance from the Torrance facility when requested by the Vernon Fire Department. (o) Exxon Mobil shall have all existing aboveground tanks containing diesel and gasoline fuels inspected according to South Coast Air Quality Management District ("SCAQMD") standards (Rule 463) by certified inspector twice annually, and shall be maintained in accordance with state and federal laws and the latest A.P.I. standards. (p) Exxon Mobil shall obtain all permits from the ("SCAQMD") prior to operating the facility. Exxon Mobil shall maintain an NPDES Permit with the State Water Resources Control Board, unless otherwise exempted. (q) Exxon Mobil shall obtain a pole lease agreement with the Department of Utilities for all unauthorized facility cables attached on Vernon poles or remove the attachments. All attachments shall be made to comply with G.O.95 standards. (r) Exxon Mobil owned power poles shall be made to comply with the 1996 National Electrical Code (NEC). ully submitted, evin Wilson, P.E. Director of Community Services & Water SKw/sc Attachments c: City Attorney ry November 29, 2001 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilsorf; Director of Community Services & Water SUBJECT: CONDITIONAL USE PERMIT - EERON MOBIL CORP. AT 2709 EAST 37" STREET A public hearing was scheduled for Wednesday, December 5, 2001 for a conditional use permit. It's our understanding that the Public Hearing has been adjourned to Wednesday, December 12, 2001. It is recommended that the public hearing be rescheduled for this conditional use permit on December 12, 2001. SKW:sc NOTICE OF RESCHEDULED PUBLIC HEARING The City of Vernon will conduct a Rescheduled Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, December 12, 2001 at 5:00 p.m. Applicant: Exxon Mobil, Corp. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a conditional use permit to allow the applicant to operate a petroleum related use facility. Property Involved: 2709 East 37 th Street (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this conditional Use permit or any provisions thereof in court, you maybe limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. BRUCE V. MALKENHORST City Administrator/City Clerk NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, December 5, 2001 at 5:00 p.m. Applicant: Exxon Mobil, Corp. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a conditional use permit to allow the applicant to operate a petroleum related use facility. Property Involved: 2709 East 37t" Street (See reverse side) Review of the file: The application, maps, and supporting ' information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this conditional use permit or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. BRUCE V. MALKENHORST City Administrator/City Clerk November 8, 2001 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson, Drector of Community Services & Water SUBJECT: CONDITIONAL USE PERMIT - Exxon Mobil, Corp. at 2709 East 37th Street Exxon Mobil has submitted an application for a conditional use permit to expand and modify its operations by constructing a new 50,000-barrel gasoline tank, modify existing rail spur to include a new fuel ethanol unloading rack, convert existing 20,000-bbl and 60,000-bbl gasoline storage tanks to store fuel ethanol, construct a new fuel ethanol tanker truck loading bay and ethanol tanker unloading rack located at 2709 East 37th Street. Currently Exxon Mobil has both blending and storage operations at their site. The proposed expansion will primarily involve Exxon Mobil's storage distribution operations. It is recommended that a public hearing for this conditional use permit be held on December 5, 2001. SKW: sc City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, December 5, 2001 at 5:00 p.m. Applicant: Exxon Mobil, Corp. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a conditional use permit to allow the applicant to operate a petroleum related use facility. Property Involved: 2709 East 37th Street (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge.the granting of this conditional use permit or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. BRUCE V. MALKENHORST City Administrator/City Clerk Mv lot CD CD CD CD f-+ t t t:. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 19, 2001 Interested parties or property owners: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Enclosed herewith for your information is a Notice of Public Hearing, concerning a conditional use permit application which has been filed with the City of Vernon for a Petroleum Related Use facility. The applicant, Exxon Mobil Corp. is proposing to expand and modify its operations by constructing a new 50,000- barrel capacity aboveground storage tank for gasoline storage, which will convert existing 20,000-bbl (Tank #3) and 60,000-bbl (Tank #4) gasoline storage tanks to store fuel ethanol and will also modify existing rail spur to include a new fuel ethanol unloading rack, construct a new fuel ethanol tanker truck loading bay and ethanol tanker unloading rack located at 2709 East 37th Street. Currently Exxon Mobil has both blending and storage operations at their site. The proposed expansion will primarily involve Exxon Mobil's storage distribution operations. An Environmental Impact Report (EIR) was prepared by South Coast Air Management District (SCAQMD) for the proposed project in compliance with the California Environmental Quality Act (CEQA), which identifies any potentially significant impacts on the environment from the project. The City also invites comments regarding the environmental effects of the project as shown in the E.I.R. A copy of the application and supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. r You are welcome to attend the meeting on December 5, 20bi or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property owner. Very t y you- , f r e e n Wilson, P.E. Director of Community Services & Water SKW:sc Attachments AFFIDAVIT OF MAILING I. Sergio Canales, declare as follows: 1. That I am employed by the City of Vernon in the Position of Engineering Aide in the Department of Community Services. 2. That on November 19, 2001 1 mailed a copy of NOTICE OF PUBLIC HEARING, to be held on December 5, 2001 along with the attached letter regarding a conditional use permit application for Exxon Mobil to expand and modify its operations by constructing a new 50,000-barrel capacity aboveground storage tank for gasoline storage, which will convert existing 20,000-bbl (Tank #3) and 60,000-bbl (Tank #4) gasoline storage tanks to store fuel ethanol and will modify existing rail spur to include a new fuel ethanol unloading rack, construct a new fuel ethanol tanker truck loading bay and ethanol tanker unloading rack located at 2709 East 37th Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 NOTICE OF RESCHEDULED PUBLIC HEARING The City of Vernon will conduct a Rescheduled Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, December 12, 2001 at 5:00 p.m. Applicant: Exxon Mobil, Corp. .The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a conditional use permit to allow the applicant to operate a petroleum related use facility. Property Involved: 2709 East 37th Street (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa'Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this conditional use permit or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. BRUCE V. MALKENHORST City Administrator/City Clerk 9 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 29, 2001 Interested parties or property owners:. EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services &Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 This letter is to inform you that the Public Hearing scheduled for Exxon Mobil's conditional use permit located at 2709 East 37th Street has been adjourned to December 12, 2001. A copy of the application and supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the adjourned meeting on December 12, 2001 or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property owner. Very r- y rs, Samuel Kevin Wilson, P.E. Director of Community Services & Water SKW:sc Attachments AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed by the City of Vernon in the position of Engineering Aide in the Department of Community Services. 2. That on December 3, 2001 1 mailed a copy of NOTICE OF RESCMMULED PUBLIC SEARING, to be held on December 12, 2001 along with the attached letter regarding a conditional use permit application for Exxon Mobil to expand and modify its operations by constructing a new 50,000-barrel capacity aboveground storage tank for gasoline storage, which will convert existing 20,000-bbl (Tank #3) and 60,000-bbl (Tank #4) gasoline storage tanks to store fuel ethanol and will modify existing rail spur to include a new fuel ethanol unloading rack, construct a new fuel ethanol tanker truck loading bay and ethanol tanker unloading rack located at 2709 East 37th Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON EXXON MOBIL CORP. CONDITIONAL USE PERMIT FOR THE OPERATION OF A PETROLEUM RELATED USE AT 2709 EAST 37m STREET December 10, 2001 Exxon Mobil has submitted an application for a conditional use permit to expand and modify its operations by constructing a new 50,000-barrel gasoline tank, modify existing rail spur to include a new fuel ethanol unloading rack, convert existing 20,000-bbl and 60,000-bbl gasoline storage tanks to store fuel ethanol, construct a new fuel ethanol tanker truck loading bay and ethanol tanker unloading rack located at 2709 East 37th Street. Currently Exxon Mobil has both blending and storage operations at their site. The proposed expansion will primarily involve Exxon Mobil's storage distribution operations. 1. GENERAL PLAN The proposed use is consistent with the Zoning Ordinance and General Plan. The site is located in the (M) Zone, General Industrial. In accordance with section 26.3.5-3 (d) of the Comprehensive Zoning Ordinance, Exxon Mobil is categorized as a "petroleum -related use and/or uses primarily engaged in the storage of petroleum products". A petroleum storage facility is defined as an establishment including a tank farm for keeping and storing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other petroleum products, but not including storage ancillary to an industrial use such as fuel on the premises or storage as part of a hazardous waste treatment 1 Staff Report.wpd facility. A petroleum storage facility use is an allowed use in the (M)-Zone with the approval of a conditional use permit. Exxon Mobil intends to use existing floating roof tanks (Tank #3 - 20,000-bbl and Tank #4 - 60,000-bbl), which will be converted from gasoline storage to fuel ethanol storage. On March 25, 1999, Governor Davis signed Executive Order D-5- 99, which directs that MTBE be phased -out of California gasoline no later than December 31, 2002. The Executive Order also directs California Air Resources Board ("CARB") to adopt gasoline regulations (CARB Phase 3) to facilitate the removal of MTBE without reducing the emission benefits of the existing reformulated gasoline program (CARB Phase 2). The objective of the project is to provide the means for manufacturing gasoline that complies with the MTBE phase -out mandate and GARB Phase 3 gasoline specifications. In order to meet oxygenate requirements of the GARB Phase 3 specifications for gasoline without MTBE, fuel ethanol will be blended into the gasoline. The fuel ethanol will be received, stored, and blended with base gasoline stock at the Vernon terminal and trucked to retail gasoline stations. But in order to offset the loss of gasoline storage capacity from Tanks #3 and #4, a new 50,000-bbl capacity aboveground storage tank for gasoline storage (Tank #14) will be constructed. 2. SITE The applicant has not proposed any changes to the size, shape or topography of the existing site. The proposed tank will occupy approximately .040 acres on a 32-acre parcel. The site 2 Staff Report.wpd plans for the proposed use indicates the site is adequate in size, shape, topography, including drainage and landscaping. 3. ADVERSE EFFECT The proposed site is surrounded by industrial uses compatible with the proposed use. In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared by the South Coast Air Quality Management District SCAQMD. The EIR identifies potentially significant impacts on the environment from the proposed project. The final EIR was prepared and certified on October 12, 2001. The State clearinghouse number is (#2000081105). The final EIR concluded that the proposed project would have significant unavoidable adverse impacts on the environment related to construction emissions and the potential accidental release of hazardous materials. Pursuant to the CEQA Guidelines the Lead Agency, South Coast Air Quality Management District ("SCAQMD") is filing a Notice of Determination. Mitigation measures were made a condition of the approval of this project, and Findings were made pursuant to CEQA Guidelines 15091. A mitigation -monitoring program was also prepared by the lead agency, SCAQMD, to mitigate any potentially significant effects to water, air quality, and public services and to prevent any effects in the areas of geophysical, transportation/circulation, hazards and noise, pursuant to Public Resource Code 21081.6 and Guidelines 15096, and was adopted for this proposed project. Therefore, a Statement of Overriding 3 Staff Report.wpd Considerations was also adopted for this project since significant impacts were identified. The City of Vernon is a responsible agency for the proposed project and has reviewed the EIR, the Findings and the Statement of Overriding Considerations and has determined that no additional mitigation is necessary. The SCAQMD made the following findings regarding the construction emissions for this project: (1) mitigation measures were incorporated into the project that would reduce the significant construction emissions, but would not reduce them to a level of insignificance; (2) such mitigation measures are within the jurisdiction of the SCAQMD; and (3) no other feasible mitigation measures are available to lessen the significant impact to air quality during construction. The construction emissions of CO, VOCs, NOx, and PM10 exceed the SCAQMD significance thresholds during peak construction activities. Five mitigation measures were imposed on the project to minimize the construction emission impacts and are set forth in the attached Mitigation Monitoring Plan. Though these measures would not reduce construction emissions below the SCAQMD significance thresholds, no other feasible mitigation measures were determined to be available. Further, the emissions reduction calculations were based on conservative data and assumptions. In addition, the construction will not have a long-term adverse air quality impact because these emissions will cease following the 4 Staff Report.wpd completion of the construction phase. The City of Vernon concurs with these Statements of Findings. The SCAQMD made the following finding regarding,operational VOC emissions from the proposed project. These emissions would exceed the significance threshold by 233 lbs. The total operational VOC emissions as estimated in the EIR are approximately 288 pounds per day (with BACT), compared to the SCAQMD CEQA significance threshold of 55 pounds per day. The increased VOC emissions are due primarily to gasoline marine tanker loading, fuel ethanol tanker truck loading, and component fugitive emissions; however, no feasible mitigation measures beyond implementing BACT, which is required by Rule 1303(a), were identified. Therefore, VOC emissions remain significant. The City of Vernon concurs with these Statements of Findings. The SCAQMD made the following findings with respect to risk of upset for this project: (1) mitigation measures were incorporated into the project that would reduce the significant hazard impacts, but not to a level of insignificance; (2) such mitigation measures are within the jurisdiction of the SCAQMD and the City of Vernon Fire Department; and (3) no other feasible mitigation measures or project alternatives are available to lessen the significant impact. Due to the inherent hazard risks associated with the materials transported, stored, used, and the refining processing in general, the risk of large-scale upset conditions is always present to some degree. The hazards impacts s Staff Report.wpd of the proposed project are primarily from possible fires and explosions associatedwiththe shipment and storage of pentane, butane, and fuel ethanol. City of Vernon concurs with this Statements of Findings As part of its environmental review, the SCAQMD made a Statement of Overriding Considerations. The SCAQMD found that the following legal requirements and the air and water quality benefits of the project outweighed the significant unavoidable adverse environmental impacts. The SCAQMD found that: (1) California Governor's Executive Order D-5-99 directs that MTBE be phased -out of California gasoline no later than December 31, 2001. The Executive Order also directs GARB to adopt gasoline regulations to facilitate the removal of MTBE without reducing the emission benefits of the existing program (GARB Phase 3). The proposed project fulfills the requirements of the Executive Order by allowing MTBE to be phased -out of Exxon Mobil's gasoline products while meeting the specifications of CARB Phase 3. (2) Removal of MTBE from the gasoline stream will prevent potential future contamination of soil or groundwater with MTBE, thereby removing potential human health risks and other environmental impacts associated with MTBE contamination of soil or water. (3) GARB Phase 3 reformulated gasoline will reduce benzene and sulfur content in gasoline, thereby decreasing the human health impacts associated with exposure to these air contamination. The City of Vernon concurs with this Statement of Overriding Considerations. 6 Staff Report.wpd 4. CEQA FINDINGS The City of Vernon is the responsible agency under CEQA for this project. SCAQMD was the Lead Agency under CEQA for the CARB Phase 3 project and has prepared an Environmental Impact Report ("EIR"). The City's Staff reviewed the Notice of Preparation and Draft EIR and determined that the documents were adequate. The City provided no comments. The City Staff is in agreements with SCAQMD that no feasible alternative or mitigation measures are available that are within either the City's or SCAQMD's powers to enforce that would cause the project to avoid all significant environmental effects. The City Staff has considered the environmental effectsof the project and is of the opinion that the benefits from the project outweigh the unavoidable adverse environmental effects, and therefore, the adverse environmental effects may be considered acceptable. The City Staff recommends that the following findings regarding the project be made: (I) SCAQMD is responsible for addressing the air quality impacts in the South Coast Region. SCAQMD has prepared an EIR for this project and has determined that unavoidable air quality impacts that can not be mitigated will result from the project. Based on substantial evidence in the record it is the opinion of SCAQMD that the benefits from the project outweigh any 7 Staff Report.wpd unmitigatable adverse effects and therefore it has approved the project. The City of Vernon concurs with this finding. (2) The City of Vernon has determined that hazards from the project could cause significant negative impact. SCAQMD has adopted mitigation that requires Best Management Practices (BMP) be utilized during the design and construction of the project in order to minimize all potential hazards. The City of Vernon is of the opinion based on evidence in the record, that the benefits of the project outweigh the impacts. Finally, The City Staff is recommending that upon approval of the conditional use permit that a Notice of Determination for the project be filed with the Office of Planning and Research and the Los Angeles County Clerk. 5. ACCESS The proposed site has sufficient access to streets and highways surrounding the proposed use, and are adequate in width and are improved as necessary to carry the traffic expected by this proposed use. The subject site is served by 37th Street, a collector roadway with a right-of-way of 100 feet. 6. VEHICLE MOVEMENTS On -site and off -site traffic routing is provided by entrance and gates onto Jewel Street. The nearest signalized intersection is located 600 feet from the terminal gate at Jewel and East 37th Street. Traffic volumes for East 37th Street at Jewel are approximately 8,000 to 10,000 vehicles per day with a level of service (LOS) "A" for both a.m. and p.m. peaks hours. s Staff Report.wpd Peak traffic hours in this area are between 7:00 a.m. to 9:00 a.m. and 4:OO p.m. to 6:00 p.m. Soto Street is the nearest major thoroughfare and is located just east of Jewel. LOS for the Soto/37th Street intersection is "C" for morning and "Ell for evening traffic flows. Trucks traveling to or from the facility would be expected to use 37th Street and Soto Street to travel to or from the nearest freeways (Intersection 5 and 10 and the 60 Freeway) that converge just north of the facility. During project operations, up to 19 tanker trucks would deliver fuel ethanol to the Vernon Terminal on a daily basis. Up to 46 truckloads of fuel ethanol per day would be shipped to other terminals. Thus, the project would add a maximum of 65 trucks per day to the existing vehicle movements. Although the nearest intersection has poor LOS during the P.M. peak period, the project traffic volume would not be concentrated in the morning or evening peak hours. Given that a total of 65 truck trips per day would be spread throughout the day, traffic impacts in the vicinity of the Vernon Terminal are expected to be minor. 7. OPERATIONS Exxon Mobil proposes to construct and modify their Vernon Terminal facility, a wholesale plant facility distributing motor vehicle fuels (gasoline and diesel). The proposed terminal construction and modifications are as follows: • A new 50,000-barrel capacity aboveground storage tank for gasoline storage 9 Staff Report.wpd • Modify existing rail spur to include a new fuel ethanol unloading rack, convert existing 20,000-bbl and 60,000-bbl gasoline storage tanks to store fuel ethanol • Construct a new fuel ethanol tanker truck loading bay and unloading rack During existing operating conditions, fuel products are received by pipeline and stored in tanks. Tanker trucks are loaded through a controlled automated loading rack, operated by authorized personnel. Equipment installed in the loading rack and on the tanker trucks is designed to shut-off the flow of product should a possibleoverfill occur. Following the proposed additions and modifications, fuel ethanol would be brought to the Vernon Terminal by rail car and tanker truck. Up to 15 rail cars or 19 tanker truckloads will bring fuel ethanol to the Vernon Terminal on a daily basis. Up to 46 truckloads of fuel ethanol would be shipped from the Vernon Terminal to the other facilities. A new tanker truck unloading rack and a new rail car unloading rack will be constructed to receive fuel. The fuel ethanol will be loaded into two existing floating roof tanks (3- 20,000 barrels and 4-60,000 barrels), that will be converted from gasoline storage to fuel ethanol storage. But in order to offset the loss of gasoline storage capacity from Tanks #3 and #4, a new 50,000-bbl capacity aboveground storage tank for gasoline storage (Tank #14) will be constructed. The new 50,000-bbl tank (#14) will be approximately 95 feet in diameter and 48 feet tall; 10 Staff Report.wpd conventional cone roof (fixed steel roof with ventilation at the top and roof eaves) construction, with an internal aluminum pontoon type floating roof for vapor conservation. The new rail car unloading rack will include two new pumps (each with an unloading rate of 2,000 gpm), piping and fittings. The piping will connect the loading rack to Tanks 113" and 114". New railroad car containment pans will be installed in association with the unloading rack, which will be located in an existing paved area. A new two -position tanker truck unloading rack will be constructed. Each position will have a pump with an unloading rate of 650 gpm. Additional piping and metering equipment will be installed. The new fuel ethanol truck -loading lane will be installed at an existing loading rack. The new truck -loading lane will consist of a loading bay with six arms, two pumps rated at 1,200 gpm, and a canopy. An existing recovery unit and thermal oxidizer will be used to control ethanol emissions. The four -lane truck -loading rack will be modified to blend fuel ethanol as the tanker trucks are being loaded. New piping and metering equipment will be installed to allow for ratio blending of fuel ethanol and gasoline directly into the tanker trucks. The terminal will be open 24 hours a day, 7 days a week, 365 days a year. The drivers make up the bulk of the workforce. During the week, drivers work either 4 shifts.of 10 hours, 5 shifts of 10 hours or 6 days on and 3 days off. The shifts will be equally Staff Report.wpd distributed between day and night. There is at least one of six terminal operators on duty 24 hours a day. During normal business hours, there will be two accountants, one staff support, and three supervisors on duty. 8. STATE OR FEDERAL CONDITIONS All Federal, State, and local regulatory permits shall be obtained as required for the operation. 9. CONDITIONS It is recommended that the following conditions be set on the permit to adequately protect the public health, safety and general welfare: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, and regulations and subject to permit fees and taxes as adopted by the City of Vernon. b. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire and Health Departments. A Health Permit shall be obtained from the Health Department if there are reportable quantities of hazardous materials on the site. C. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. d. All storage operations shall take place within the proposed site. No equipment or materials shall be placed or stored outside. Adequate written plans and materials must be 12 Staff Report.wpd available for cleaning up of leaks or spills of petroleum gasoline or other substances associated with Exxon Mobil operation. Installation of equipment shall utilize best available technology. The tanker unloading areas shall be provided with containment area to catch any spilled materials. e. Broken or cracked sidewalk, curb, gutter or driveway in 37th Street adjacent to the site shall be repaired as directed by the Director of Community Services and Water. f. Exxon Mobil shall obtain all required federal, state, local and regulatory agency permits prior to operation. Exxon Mobil upon completion of project shall submit amendments to the Hazardous Materials Inventory Permit, Spill Prevention Control and Countermeasures Plan, and the Regional Water Control Board's Storm Water Discharge. Prior to occupancy a business license and occupancy permit shall be obtained. g. All parking and loading facilities shall remain paved with a hard durable surface material in good repair and shall remain 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 off-street parking will not occur. h. The facility shall be operated in such a manner that noise and vibration shall not be a nuisance to 13 Staff Report.wpd neighborhood properties. At no time shall noise exceed 65db or vibration exceeds four hundredths of an inch per second particle velocity when measured at the property line. i. Plans for improvements to the facility and construction of structures shall be submitted to both the Department of Community Services and Health Department of the City of Vernon for review and approval. j. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. 1. Exxon Mobil shall complete the Health Risk Assessment required by the Vernon Health Department to determine the potential health impacts from any soil contamination on the subject site. The Risk Assessment shall be completed by Exxon Mobil and submitted to the Health Department within two years of the date this conditional use permit is approved. Upon the Health Departments approval of the Health Risk Assessment, any necessary remediation activities as determined by the Health Department, shall be performed by Exxon Mobil in accordance with the time schedule provided by the Health Department. M. Exxon Mobil shall install and maintain devices to detect leaks and spills, shall construct a berm or containment 14 Staff Report.wpd area to retain any spills, shall post signs indicating procedures for spill reporting, and shall maintain an approved spill prevention and response plan. All new and remodeled locations shall be properly labeled with appropriate warning labels. n. Exxon Mobil shall maintain on -site fire -fighting materials used specifically for hydrocarbon fires in a quantity and location specified by the Fire Chief. Exxon Mobil shall design a fire protection system in accordance with the U.F.C. Standard 79-1 and provide and maintain two Mobil fire monitors stored on -site. Exxon Mobil shall provide fire- fighting personnel to perform technical assistance from the Torrance facility when requested by the Vernon Fire Department. o. Exxon Mobil shall have all existing aboveground tanks containing diesel and gasoline fuels inspected according to South Coast Air Quality Management District ("SCAQMD") standards (Rule 463) by certified inspector twice annually, and shall be maintained in accordance with state and federal laws and the latest A.P.I. standards. p. Exxon Mobil shall obtain all permits from the ("SCAQMD") prior to operating the facility. Exxon Mobil shall maintain an NPDES Permit with the State Water Resources Control Board, unless otherwise exempted. is Staff Report.wpd q. Exxon Mobil shall obtain a pole lease agreement with the Department of Utilities for all unauthorized facility cables attached on Vernon poles or remove the attachments. All attachments shall be made to comply with G.O.95 standards. r. Exxon Mobil owned power poles shall be made to comply with the 1996 National Electrical Code ("NEC"). 16 Staff Report.wpd �: ExxonMobil mLZ Refining & Supply Company 3700 West 190th Street FEB - 7 2002 Torrance, California 90509 Amrlluniry L�- February 6, 2002 Kevin Wilson Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 E-zznnMobil Refining & Supply Kevin, This letter serves as acceptance by the ExxonMobil Corporation of the terms and conditions contained in the City of Vernon Resolution #7879. If there are any local questions, they should be addressed to Jim Ulwelling, Vernon terminal Superintendent. As usual, if matters need to be resolved quickly, I can always be reached at (310) 212-1907. Charles H. Blank aj. x - 'Ra Western States Distribution Mgr. ExxonMobil Corporation Ex"nMobil R $ , Refining &Supply Company 3700 West 190th Street FEB " 7 2002 Torrance, California 90509 0mlPup.1ty sser vl & EtrzonMobil Refining & Supply February 6, 2002 Kevin Wilson Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 Kevin, This letter serves as acceptance by the Exx obit Corporation of he terms and conditions contained in the City of Vern Resolution #7879. If ere are any local questions, they should be addressed Jim Melling, Vern erminal Superintendent. As usual, if matters need to be resoly a reached at (310) 212-1907. Charles H. Blank Western States Distribution Mgr. ExxonMobil Corporation PREMIER TEXTILES OR CURRENT OCCUPANT 2425 E 30TH ST LOS ANGELES CA 90058-1431 OCCUPANT 2585 E 37TH ST LOS ANGELES CA 90058-1724 MOBIL OIL OR CURRENT OCCUPANT 2619 E 37TH ST LOS ANGELES CA 90058-1722 SAIA MOTOR FREIGHT LINE INC OR CURRENT OCCUPANT 2550 E 28TH ST LOS ANGELES CA 90058-1430 CONSERVTECH CORP .OR CURRENT OCCUPANT 653 6 SOTO- ST LOS ANGELES CA 90058-1783 .TRISTAR SALES CO USA INC ,,4..13R CURRENT OCCUPANT 2535 E 28TH ST LOS ANGELES CA 90058-1429 HOLDINGS LLC BERDAN 511 SPECTRUM CIR OXNARD CA 93030-7949 PAVLOVICH LOUIS A CO 1575 LARSON LN FALLBROOK CA 92028-4390 DEVELOPMENTS LP STRADA 12011 SAN VICENTE BLVD STE 606 LOS ANGELES CA 90049-4148 BRUNNER. & LAY, INC': PC Box 1190 SPRINGDALE AR 72765-1190 GARDNER GIBSON INC (DEL) OR CURRENT OCCUPANT 2457 E 30TH ST LOS ANGELES CA 90058-1431 BRUNNER & LAY INC OR CURRENT OCCUPANT 2425 E 37TH ST LOS ANGELES CA 90058-1704 OCCUPANT 2647 E 37TH ST LOS ANGELES CA 90058-1722 OUTSOURCE FLEET SERVICES INC OR CURRENT OCCUPANT 2600 E 28TH ST LOS ANGELES CA 90058-1400 JOSEPH L FEENEY OR CURRENT OCCUPANT 3655 S SOTO ST LOS ANGELES CA 90058-1783 OCCUPANT 3700 S SOTO ST LOS ANGELES CA 90058-1703 UNIVERSAL WAREHOUSE OR CURRENT OCCUPANT 3751 SEVILLE AVE LOS ANGELES CA 90058-1741 DANA CORPORATION ORCURRENTOCCUPANT 2640.E 37TH ST LOS ANGELES CA 90058-1723 AS MATCH DYEING OR CURRENT OCCUPANT 2522 E 37TH ST LOS ANGELES CA 90058-1725 OCCUPANT' ':I - . , . .. .. . 2600 E 26TH ST LOS ANGELES CA 90058-1218 OCCUPANT 2725 SEVILLE AVE LOS ANGELES CA,90058-1232 ST OLT SEA FARM-CALIFORNIA LLC OR CURRENT OCCUPANT 2730 E 37TH ST LOS ANGELES CA 90058-1707 MC DONALDS OR CURRENT OCCUPANT 3737 S SOTO ST LOS ANGELES CA 90058-1702 GOLDWIN TRADING CO OR CURRENT OCCUPANT 2533 E 28TH ST LOS ANGELES CA 90058-1429 OCCUPANT 2449 E 30TH ST LOS ANGELES CA 90058-1431 DELPHEY GERDES INC OR'CURRENT OCCUPANT 3655 S SOTO ST LOS ANGELES CA 90058-1-720. OCCUPANT 2435 E 37TH ST LOS ANGELES CA 90068-1704 OCCUPANT 2525 E 37TH ST VERNON CA 90058-1724 SOUTHWEST TRAILS OR CURRENT OCCUPANT .2709 E 37TH ST LOS ANGELES CA 90058-1706. 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