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Resolution No. 8061
1 2 3 4 5 M 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION 8061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT FOR BERDAN HOLDINGS TO OPERATE A RETAIL/COMMERCIAL RESTAURANT FACILITY LOCATED AT 3660 SOTO STREET WHEREAS, Berdan Holdings has applied for a conditional use permit to construct and operate a retail/commercial facility located at 3660 Soto Street in the City of Vernon; and WHEREAS, the City Council of the City of Vernon held a hearing on Berdan Holdings' application for a conditional use permit on September 18, 2002; and WHEREAS, the proposed development site is a vacant lot in the M- Zone, General Industry; and WHEREAS, retail and commercial uses are generally permitted in the M-Zone; and WHEREAS, a project the size of the proposed project is allowed in the M-Zone, with the approval of a conditional use permit; and WHEREAS, the proposed site is adequate in size, shape and topography for the proposed operation and has adequate drainage, landscaping, if required, will be installed pursuant to the Vernon City Code; and WHEREAS, the proposed site is surrounded by industrial and commercial uses compatible with the proposed use and mitigation measures will be provided so that no adverse effects from traffic, parking, noise, odors, dust, smoke, light or glare is anticipated from the proposed operation; and WHEREAS, the site has access to Soto Street and 37tn Street/Bandini Boulevard through a reciprocal driveway and traffic -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will generally travel on both Soto Street and 37th Street/Bandini Boulevard to the restaurant, and Soto Street and 37th Street/Bandini Boulevard is of adequate size and pavement -type to handle the traffic generated from the proposed operation; and WHEREAS, the proposed site will include an estimated sixty-six lautomobile parking spaces and two truck spaces; and WHEREAS, given the size of the project, the optional exceptions Ito the minimum size requirement of Section 26.4.2-8(c) development standards may be used; and WHEREAS, Section 26.4.2-9(a)(ii) allows a lot with a building for buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), subject to recording a covenant by the property owner which restricts the length of trucks entering the property and, if applicable, which restricts the use of the property; and WHEREAS, because of the use of the alternative requirements, on -site automobile parking and truck parking are of adequate size, width and capacity to handle the traffic generated from the proposed use and will enhance the on -site maneuvering of automobiles and trucks; and WHEREAS, City staff has determined that the proposed site and development of the property is consistent with the applicable development standards, and therefore, all parking activities will be maintained on -site within the premises and will supply adequate parking and loading off -site for the proposed development. -2- 1 2 3 2' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a covenant is to be recorded prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 25 feet in length and that any violation of this requirement is subject to a maximum $500.00 fine; Iand WHEREAS, the site has adequate on -site parking and loading facilities in accordance with the Zoning Ordinance; and WHEREAS, the proposed use, as to location, operation and design is consistent with the General Plan and Zoning Ordinance of the City of Vernon; and WHEREAS, the Community Services Department has performed an Initial Study to determine that mitigation shall be required to reduce the significant impacts to the environment and has determined that the proposed project will not have significant effect on the environment; and WHEREAS, the Director of Community Services & Water has recommended that a Mitigated Negative Declaration be adopted in compliance with the California Environmental Quality Act; and WHEREAS, the conditions imposed on the conditional use permit as set forth herein will adequately protect the public health, safety and general warfare 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 September 11, 2002 upon which it has relied in making the foregoing recitals; and -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 1OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds land determines that the recitals contained hereinabove are true and correct. SECTION 2: Subject to the conditions set forth below, the conditional use permit is hereby granted to Berdan Holdings for the operation of a retail/commercial restaurant facility at 3660 Soto Street located in the City of Vernon. SECTION 3: In order to adequately protect the public health and general welfare the following Conditions are required: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, and regulations including any required fees or taxes as adopted by the City of Vernon. b. All parking and loading areas necessary for Berdan Holdings operations shall be striped in an acceptable manner to the Director of Community Services & Water. C. Prior to occupancy, each tenant of the Berdan Holdings shall obtain a sales tax permit from the State Board of Equalization bearing the City of Vernon Tax number and a City of Vernon business license. d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy business license and occupancy permit shall be obtained. Health permits such as hazardous materials permits may also be required for each business depending on chemical types and quantities stored or used at each 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 business. Adequate storage space for all hazardous materials shall be provided. e. The facility shall be operated in a manner, which will not impede traffic on Soto Street or Bandini Boulevard/37th Street. f. All required frontage improvements shall be constructed and all existing cracked sidewalks, curb and gutter adjacent to the site on Soto Street and Bandini Boulevard shall be repaired and maintained to meet City Standards. g. The developer shall reconstruct the sidewalk so that the property line radius is (521) feet on the northeast corner of 37th Street and Soto Street. The property owner shall dedicate to the City the necessary property required to create the curb return on northeast corner. h. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of this conditional use permit application. i. Adequate trash receptacles shall be provided on the site to keep litter to a minimum. All Berdan Holdings litter blown or dropped on adjacent properties shall be retrieved and disposed of daily. j. Any expansion or change in use shall be approved by the City Council. k. The parking, driveway access and landscaping shall be developed in accordance with the site plan, which was submitted with this application and approved by the Director of Community Services. No changes shall be made in the site development except with the prior approval of the Director -5- 1 of Community Services. 2 1. All food preparation and storage equipment shall be within 3 the restaurant and shall be National Sanitation Foundation 4 (NSF) approved or it's equivalent and approved by the Health 5 Department prior to installation and use. 6 M. The restaurant shall comply with all requirements of the 7 California Uniform Retail Food Facilities Law (CURFFL). 8 Adequate areas for proper food storage, employee restrooms, 9 equipment and storage must be provided. 10 n. The facility's building shall be structurally maintained to 11 exclude rodents and the property shall be maintained rodent 12 free. 13 0. The facility shall be operated in a manner that will prevent 14 unsanitary conditions, odors or other nuisances. 15 p. The facility shall be operated in such a manner that noise 16 and vibration shall not be a nuisance to neighborhood 17 properties. At no time shall noise exceed 65db or vibration 18 exceeds four hundredths of an inch per second particle 19 velocity when measured at the property line. 20 q. If the United States Army Corps of Engineering or any other 21 Government agency request removal of parking stalls within 22 their easement, the property owner shall be required to 23 comply with the City of Vernon parking requirements by 24 reducing the building square footage. 25 r. The property owner shall obtain a permit from the Los 26 Angeles County Public Works Construction Division, Permits 27 and Subdivisions, to construct over and/or adjacent to all 28 Los Angeles County Flood Control Easements within the -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subject property prior to construction. S. The owner shall install two (2) fire hydrants one on each driveway entrance. t. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 25 feet in length, that any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. U. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size requirement. V. The owner shall post a sign with a minimum 3" type adjacent to each driveway entrance that states "Maximum Length Vehicles allowed in this site is 25 feet in length. All violations are subject to a fine not to exceed $500.00". W. Each occupant of Berdan Holdings shall abide to all conditions set on this permit. Each occupant shall indicate in writing its acceptance and agreement with these conditions prior to occupancy. SECTION 4: It is recommended that the following Mitigation Measures be included as conditions for the granting of the permit to adequately protect the public health, safety and general welfare: a.All on -site construction or improvements shall be in compliance with the 1997 Uniform Codes (Building, Fire, Mechanical, Plumbing and Electrical). The proponent shall -7- 1 obtain all necessary building, fire, mechanical, plumbing, 2 and electrical permits from the City of Vernon Community 3 Services Department. 4 b.All washing/steam cleaning of equipment and accessories areas 5 shall be self-contained and equipped with a grease trap, and 6 properly connected to a sanitary sewer. All wash areas located 7 outdoors, must be covered, paved, have secondary containment, 8 and be connected to the sanitary sewer. 9 c. All parking and maneuvering areas shall be paved and 10 maintained with a hard, durable surface. 11 d. The proponent shall submit a Notice of Intent to the 12 California Regional Water Quality Control Board (CRWQCB) to 13 address National Pollutant Discharge Elimination System 14 (NPDES) requirements regarding storm water runoff. Prior to 15 issuance of construction permits the owner shall provide 16 compliance with the Development Planning Program Requirements 17 as established by NPDES permit No. CAS084861 issued by the 18 California Regional Water Quality Control Board of the Los 19 Angeles Region and also record a covenant for the maintenance 20 for any required structural and treatment control Best 21 Management Practices. A copy of the Storm Water Pollution 22 Prevention Plan (SWPPP) as required under the NPDES permit 23 shall be submitted to the Environmental Health Department for 24 review. 25 e. All vehicles and heavy equipment operated at the facility 26 shall be tuned and maintained in accordance with applicable 27 emission standards. 28 -8- 1 f. A litter control program shall be implemented to maintain the 2 facility in a safe, sanitary and attractive condition for the 3 life of the project. 4 g. The owner shall design and construct a raised median to City 5 of Vernon standards and specifications on Bandini Boulevard 6 from approximately Soto Street east to the Los Angeles River 7 and on Soto Street from approximately Bandini Boulevard to 8 the Los Angeles River. The medians shall be constructed to 9 the City's satisfaction. 10 SECTION 5: Berdan Holdings and any successors in interest shall 11 indemnify, hold harmless, and defend the City of Vernon, its 12 officers, agents, and employees from and against any and all claims, 13 complaints, or petitions for: (1) damages, losses, expanses 14 resultingfrom bodily injury, y � y, sickness, disease, disability or death 15 arising from the operation of the facility excluding therefrom any 16 such claim resulting from the sole negligence or intentional 17 wrongdoing of the City of Vernon, its officers, agents or employees; 18 (2) a peremptory writ or other relief by way of injunction, 19 mandamus, or administrative mandamus; or (3) legal expenses and 20 attorney's fees incurred by the City of Vernon on behalf of any 21 party in such actions or proceedings. The City of Vernon does not 22 waive its right to participate in the defense of any such action. 23 24 25 26 27 28 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 M 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: Not later than sixty (60) days from the date of this Resolution, Berdan Holdings shall indicate, in writing, its acceptance of and agreement with the conditions contained in Section 3 of this Resolution and the indemnification provision contained in Section 5 of the Resolution. SECTION 8: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of September 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk i.Leonis C. Malb_rg, Ma or -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 8061 was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, September 18, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -11- of DER �� `tyt.oltp �O a,VELY 1NOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson Director of Community Services & Water DATE: August 20, 2002 SUBJECT: Conditional Use Permit - Berdan Holdings located at 3660 Soto Street Berdan Holdings has requested a conditional use permit to construct and operate a commercial retail facility. The site is currently vacant and undeveloped. Previously a gasoline station occupied the site. The proposed prof eet is for an 11,411 square foot retail/commercial center comprised of three one-story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The property site for which the conditional use permit is sought is located at 3660 Soto Street in the City of Vernon. It is recommended that a public hearing for this conditional use permit beheld on September 18, 2002. On the basis of the supplied information, it appears that the project will require a Mitigated Negative Declaration per the California Environmental Quality Act process. SKW/sc D:\My Doaments\C[J7s\3660 Soto & BwKbm Conw ermal Center\Ma to set PH.doc 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, September 18, 2002 at 5:00 p.m. Applicant: Berdan Holdings 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 construct and operate a commercial retail facility. Property Involved: 3660 Soto 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 N Q�VELY 1NOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: September 18, 2002 SUBJECT: BERDAN HOLDINGS CONDITIONAL USE PERMIT After further review of the conditional use permit application of Berdan Holdings to construct and operate retail/restaurant facility, the Community Services and Health departments are recommending that conditions d,1 and m as proposed be amended to read as follows: d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. Health permits such as hazardous materials permits may also be required for each business depending on chemical types and quantities stored or used at each business. Adequate storage space for all hazardous materials shall be provided. 1. All food preparation and storage equipment shall be within the restaurant and shall be National Sanitation Foundation (NSF) approved or it's equivalent and approved by the Health Department prior to installation and use. M. The restaurant shall comply with all requirements of the California Uniform Retail Food Facilities Law (CURFFL). Adequate areas for proper food storage, employee restrooms, equipment and trash storage must be provided. SKW/ca Enclosures c: City Attorney CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON BERDAN HOLDINGS CONDITIONAL USE PERMIT TO OPERATE A RETAIL/COMMERCIAL RESTAURANT FACILITY AT 3660 SOTO STREET September 11, 2002 Berdan Holdings has applied for a conditional use permit to construct and operate a commercial retail facility. The proposed project is for an 11,411 square foot retail/commercial center comprised of three one-story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The center will operate from 7:00 a.m. to 11:00 p.m. The retail uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. The site is currently vacant and undeveloped. Previously a gasoline station occupied the site. 1. GENERAL PLAN The proposed use is in accordance with the General Plan. The site is located in the M-Zone, General Industrial. Generally, retail and commercial uses are permitted in the M-Zone. However, according to Section 26.3.5-3(a) of the Comprehensive Zoning Ordinance retail and commercial uses with a floor area of more than 10,000 square feet may be permitted in the M-Zone with a conditional use permit. 2. SITE The proposed project is for a 11,411 square foot retail/commercial center comprised of three one-story buildings in the City of Vernon. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The site is currently vacant and unpaved with no defined drainage pattern. The proposed site shall be paved with an impermeable surface that meets City of Vernon standards. The proposed site will be supported by a sixty-six stall surface parking lot and two truck parking/loading stalls. Since the proposed building is less then 12,000 square feet of gross floor area, the applicant is entitled to request an exception to the development standards for truck parking and loading. City staff has determined that the proposed site and development of the property is consistent with the applicable development standards. Therefore, all parking activities will be maintained on -site within the premises and will supply adequate parking and loading off -site for the proposed development. More specifically, pursuant to Section 26.4.2-9(a), for a lot with a building or buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), subject to recording a covenant by the property owner which restricts the length of trucks entering the property and, if applicable, which restricts the use of the property. The height and width requirements for truck parking and loading are the same under the exception and the development standards. The Director of Community Services recommends that a request to use the optional exceptions to the development standards be granted. The development standards would be those set herein Section 26.4.2- 9(a)(ii). By use of these development standards, the proposed site will supply sufficient parking and loading on -site and will create no impact on neighboring properties and therefore is adequate for the proposed development. The proposed site is of adequate size, shape and topography for the proposed operation and will have an on -site drainage system. An onsite catch basin will be constructed and connected to a flood control box conduit. 3. ADVERSE EFFECT Since the proposed project is in the M- Zone, the permitted uses in the surrounding and adjacent property are general industry and retail and commercial uses. In fact, the proposed use is surrounded by properties with industrial, commercial and warehousing uses that are compatible. An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA). No potentially significant impacts are expected to result from the project. The Director of Community Services & Water has recommended that a Notice of Intent be filed, and a Mitigated Negative Declaration be adopted in compliance with the California Environmental Quality Act ("CEQA"), which identifies potentially significant impacts on the environment from the project. Additionally, the initial study found no adverse impact from dust, odors, smoke, light or glare. Certain measures can be taken to the proposed project that will avoid the effects or mitigate the effects to a level where no significant effect will occur. Therefore, a mitigation -monitoring program has been proposed 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. These mitigation measures would be conditions that each occupant of the Center would have to abide by in order to obtain and keep a conditional use permit in place. 4. ACCESS There are two driveways that access the site, one located on Soto Street and the other on Bandini Boulevard. Trucks and automobiles accessing the site will share these driveways. Bandini Boulevard is 100 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. Soto Street is 88 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. A traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection. The analysis was conducted both for the morning and evening peak periods. According to the study, it was found that, traffic operations in the area will not be adversely effected by the moderate increase in traffic volumes generated by the proposed project. Motorists using the surrounding street system will not experience major changes in traffic operations due the traffic generated by the proposed development. The study found that the change in Level of Service ("LOS") will not increase to a level of significance at the intersections studied. The City will require the developer to install a raised median in Bandini Boulevard from Soto Street to the Los Angeles River to prevent left turn conflicts into the site with the thru lanes on Bandini Boulevard. The median shall be constructed according to the City's standards, specifications, and to its satisfaction. 5. VEHICLE MOVEMENTS The retail/restaurant facilities are expected to generate more than 100 vehicle trips on a typical weekday. Most of the vehicular traffic at the retail/restaurant facility will occur around the noon hour. Trucks that will deliver/pick-up product and supplies to the proposed site will occur during the early morning hour. Peak traffic hours for the streets in the vicinity occur in the early morning and late afternoon. The restaurant's heavy traffic periods will not coincide with the peak hours of street traffic. The traffic study showed that there would not be any significant impacts to the operation of the neighboring intersections. Therefore, the proposed use will not cause a significant traffic impact. 6. OPERATIONS The proposed project is for an 11,411 square foot commercial center comprised of three on story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shops, etc.). Deliveries will be by hand truck directly from the parking lot truck spaces through the front door. The center will operate from 7:00 a.m. to 11:00 p.m. The retail uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. 7. STATE OR FEDERAL CONDITIONS All Federal, State, and local regulatory permits shall be obtained as required for the operation. 8. CONDITIONS It is recommended that the following conditions be set on the permit. These conditions are deemed necessary to 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 as adopted by the City of Vernon. b. All parking and loading areas necessary for Berdan Holdings operations shall be striped in an acceptable manner to the Director of Community Services & Water. C. Prior to occupancy, each tenant of the Berdan Holdings shall obtain a sales tax permit from the State Board of Equalization bearing the City of Vernon Tax number and a City of Vernon business license. d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. Health permits such as hazardous materials permits may also be required for each business depending on chemical types and quantities stored or used at each business. Adequate storage space for all hazardous materials shall be provided. e. The facility shall be operated in a manner, which will not impede traffic on Soto Street or Bandini Boulevard/37th Street. f. All required frontage improvements shall be constructed and all existing cracked sidewalk, curb and gutter adjacent to the site on Soto Street and Bandini Boulevard shall be repaired and maintained to meet City Standards. g. The developer shall reconstruct the sidewalk so that the property line radius is (521) feet on the northeast corner of 37th Street and Soto Street. The property owner shall dedicate to the City the necessary property required to create the curb return on northeast corner. h. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of this conditional use permit application. i. Adequate trash receptacles shall be provided on the site to keep litter to a minimum. All Berdan Holdings litter blown or dropped on adjacent properties shall be retrieved and disposed of daily. j. Any expansion or change in use shall be approved by the City Council. k. The parking, driveway access and landscaping shall be developed in accordance with the site plan, which was submitted with this application and approved by the Director of Community Services. No changes shall be made in the site development except with the prior approval of the Director of Community Services. 1. All food preparation and storage equipment shall be within the restaurant and shall be National Sanitation Foundation (NSF) approved or it's equivalent and approved by the Health Department prior to installation and use. M. The restaurant shall comply with all requirements of the California Uniform Retail Food Facilities Law (CURFFL). Adequate areas for proper food storage, employee restrooms, equipment and trash storage must be provided. n. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. o. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. p. 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. q. If the United States Army Corps of Engineering or any other Government agency request removal of parking stalls within their easement, the property owner shall be required to comply with the City of Vernon parking requirements by reducing the building square footage. r. The property owner shall obtain a permit from Los Angeles County Public Works Construction Division, Permits and Subdivision, to construct over and or to adjacent all Los Angeles County Flood Control Easements in the property prior to the commencement of construction. S. The owner shall install two (2) fire hydrants one adjacent to each driveway entrance. t. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 25 feet in length, that any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. U. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size requirement. V. The owner shall post a sign with a minimum 3" type adjacent to each driveway entrance that states "Maximum Length vehicles allowed in this site is 25 feet in length. All violations are subject to a fine not to exceed $500.00". W. Each occupant of the Berdan Holdings shall abide to all conditions set on this permit. Each occupant shall indicate in writing its acceptance and agreement with these conditions prior to occupancy. 9. MITIGATING MEASURES: It is recommended that the following mitigation measures be included in as conditions for the granting of the permit to adequately protect the public health, safety and general welfare: a. All on -site construction or improvements shall be in compliance with the City's Building Codes. The proponent shall obtain all necessary building, fire, mechanical, plumbing, and electrical permits from the City of Vernon Community Services Department. b. All washing/steam cleaning of equipment and accessories areas shall be self-contained and equipped with a grease trap, and properly connected to a sanitary sewer. All wash areas located outdoors, must be covered, paved, have secondary containment, and be connected to the sanitary sewer. C. All parking and maneuvering areas shall be paved and maintained with a hard, durable surface. d. The proponent shall submit a Notice of Intent to the California Regional Water Quality Control Board (CRWQCB) to address National Pollutant Discharge Elimination System (NPDES) requirements regarding storm water runoff. Prior to issuance construction permits the owner shall provide compliance with the Development Planning Program Requirements as established by NPDES permit No. CAS084861 issued by the California Regional Water Quality Control Board of the Los Angeles Region. And record a covenant for the maintenance for any required structural and treatment control Best Management Practices. A copy of the Storm Water Pollution Prevention Plan (SWPPP) as required under the NPDES permit shall be submitted to the City for review and approval. e. All vehicles and heavy equipment operated at the facility shall be tuned and maintained in accordance with applicable emission standards. f. A litter control program shall be implemented to maintain the facility in a safe, sanitary and attractive condition for the life of the project. g. The owner shall design and construct a raised median to City of Vernon standards and specifications in Bandini Boulevard from Soto Street East to the Los Angeles River. The median shall be constructed to the City's satisfaction. T .s t Rfsjoi�-r-rr�i3���►�s City of Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-881 _--- CONDITIONAL USE PERMIT APPLICATION PLEASE PRINT OR TYPE Name of Applicant (Print or Type Name of Business) Site Address Zip Code 15E�FDA,0 I-1 o C. O rJ G S 3&& O S 0-f o S"T Contact Person Telephone Number Fax Number M lk.E M FMAZ, 323 585 - 3000 3Z3 5857- 3335' Signatu s be o zed) Date Project Title Purpose of Conditional Use Permit Application -To AU-0c] RKJAIL J CoMAIE2L1AL USES ICJ ?uC A I PA 10M C(T!1 OF �%;12w1Uwl COM>t'�.�Nl=nitl�/C ZAA)/n1G,�iQ.�lnlA�.7Gt� S1siL7tnlVs 2L.3 5•y(a) Name of Property Owner Address Zip Code ibMJ2AK) HOLVIMGS IC/© MAGIVUM PI-oPEP-TICS 1—A wCA �9 voz1 aL✓o Telephone Number Fax Number 3Z35,85- Soon 3Z3 Signature Date Name of Applicant's Representative or Contact Person (If different than above) Address Zip Code 15A99 5E4AL 3ISS OGEAIJ pAfk. 6LJ0 *II2 9A#nYTA Only OyOS' Relation to Applicant o Engineer WKrchitect ❑ Attorney 17 Realtor Is this person authorized to sign for the owner (Circle One) Yes No Telephone Number 32' O 8 28 _ 3 I ©1 Fax Number 310 1O 3c%9 $' 41 o Signature (Needs to be Notarized) Date L 1 ::5,— — . / $' I - 01 FOR CITY USE ONLY - DO NOT WRITE BELOW THIS LINE CEQA Review Process City Clerk's Use: Assessor Parcel No. - - Stamp receipt of application fee below Zone CEQA Exempt Section Page 1 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /� •- County of �fl S Cr7 � ss. On �" d / , before me, 6p/- q Efate Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared /�/�'� A1e4*2,ef-2 Name(s) of Signer(s) GABRIEL H. WEISS Commission # 1192717 Z 2 Notcry Public - Califomia _ Los Angeles County :onvn. EOes Aug B,: Place Notary Seal Above Aplarsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT' OF SIGNER Top of 0 1997 National Notary Association - 9360 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ALL-PURPOSE ACKNOWLEDGMENT State of G1'rr.i�l County of dos 47,ge4 On �57'T ?a/o 20 d) before me, Q DATE T NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared v(/ . 11 NAME(S) OF SIGNER(S) �rsonally known to me - OR - ❑ to be the person("hose name(4 1s/ate subscribed to the within instrument and ac- knowledged to me that he/sWlexecuted the same in his/h�tdthwW authorized JOHN E. ARMER ca acit I y #iT- :a M COMM.1287359 m p y('; and that b his/h h Notary Public-Californiato LQS ANGELES COUNTY signature("n the instrument. the person(- -� ,,.M� On 15,2004 or the entity upon behalf of which the personWacted, executed the instrument. WITNESS my hand and official seal. ��' _ �✓mid- f'� SIG RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENT1TYQES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Member American Industrial Real Estate Association Magnumproperties' Commercial and Industrial Real Estate Sales Leasing Management September 26, 2001 RE: Soto and Bandini Commercial Center 3660 Soto Street Vernon, CA OPERATIONS REPORT The proposed project is for a 13,0" square foot commercial center comprised of three one story buildings. It is anticipated that up to 11,000 square feet of the center will be for restaurant use with the. remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The center will operate from 7:00 a.m. to 11:00 p.m. The retail uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. There will be no materials stored on -site. Deliveries will be by hand -truck directly from the parking lot truck spaces through the front doors. The day to day operations of the project will have no significant impact on neighboring properties. 2222 E. WASHINGTON BOULEVARD, LOS ANGELES, CA 90021 (3231 585-3000 FAX: (323)585-3335 E-MAIL: magnumprop@aol.com MADE FROM RECYCLED FIBER PROJECT DESCRIPTION (attach additional sheets as necessary) 1. Site size. 7 D, 2 81 S.F. 2. Square footage of each building (including any covered structures or canopies). -5 1�� S. F Z, <to s.F. 'i So• s.F -TOTAL. = 11508!2 3. Number of floors of construction.—O N 1C 4. Amount of off-street parking and loading provided: a. Number of automobile parking spaces 8 b. Number of truck parking spaces O C. Number of truck loading spaces 2 5. Proposed scheduling. stoA..-r G v,us,R.0gi i e i 7A AJ Zo O L. Go t1 r L a-T or 7 Ua 0- 2.002, 6. Associated projects._A 7. Anticipated incremental development (additional phases). ^10 PJ W 8. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents and type of household size expected (on attached sheet). ►.J�/� 9. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities (on attached sheet). OF-M(AGO&J00n &V9-rA&ZAaTS f C4tA1ACfLC(AL EVA[L SAAC-3 SrC- !L (J7ACA4M SI-rr PLA.nJ 10. If industrial, indicate type, estimated employment per shift, and loading facilities (on attached sheet). M/A 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). loo, Page 2 of 7 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 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. C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. 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. E) The site has adequate off-street parking and loading facilities. 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. CsELS- A7-TACA-Ko) Signed �"-� lal _ (A plicant) Page 3 of 7 SOTO & BANDINI C.U.P. BURDEN OF PROOF A) The site for the proposed use is adequate in size, shape and topography, including drainage and landscaping. Due to the L.A. River running diagonally through he site, the buildable portion of the site is an oddly shaped triangular site. The shape does not lend itself to industrial development but will work for a small retail center with a large percentage of the site for parking. The site is relatively flat and the proposed development will not dramatically change existing drainage patterns. Landscaping is proposed for the perimeter of the project with some interior landscape areas. 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 use will have all parking on site. There will be no excessive noise, odors, dust, smoke, etc. There will be no hazardous or flammable materials stored on site. Light and glare will be shielded. There are no abutting projects as the triangular shaped parcel is separated by Soto on the west, Bandini on the south and the Los Angeles River on the north/east. There will be no adverse effects upon adjacent or abutting properties C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. The area, though zoned M, is a mixed use area. The entire block to the south is the Farmer John's facility. To the east (directly across Soto) is are the engineering and architectural offices of Delphi/Gerdes. Diagonally across the intersection of Soto & Bandini on the west side of Soto are the recently developed restaurants, McDonnell's, Mr. Fish. and Italian. This small "restaurant row" has been a very successful addition to the City of Vernon. This proposed project will be compatible with and enhance the existing uses of surrounding properties. 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. The site is at the intersection of two arterial streets, Soto & Bandini, with access from both streets. Each street is fully developed to the specifications of the City of Vernon Master Plan of Streets and can carry the volume of traffic generated by the proposed use. E) The site has adequate off-street parking and loading facilities. The site has the off-street parking and loading facilities required by the Vernon building codes. F) The use, as to location, operation and design, is consistent with the general plan, arty applicable specific plan and the zoning regulations of the City of Vernon and all applicable County, State aged federal law, rules and regulations. Section 26.3.5.3(a) of the City of Vernon Comprehensive Zoning Ordinance allows for Retail and Commercial uses in the M zone with a Conditional Use Permit. The size, location, operation and design are all consistent Vernon, County, State, and Federal regulations. r-'L '.I I s.1 ) s -Zo.oI PROPERTY OWNERS LIST STATEMENT 1 The undersigned has duly prepared the attached "Property Owners List". The list includes all of the names, and respective addresses, of persons being owners of property any part of which is within 300 feet of the outer boundaries of the subject property. This information is to be obtained from the latest available Los Angeles County Tax Assessment Roll. This list was prepared on 8 - 11 • 01 from the Tax Roll maintained at CUL-V El[. GI-rb D,15JA-1c,? O(LfI G1r C.120 3a t STOP Plawy, C-JLVEA-CrTJ cA 90230 (Nam and Location of office) It is understood that the accuracy and completeness of this list is the responsibility of the applicant. Q Signed: (Person w prepared list) On this day of A4, Diu SE -r ,before me the unders�geed, a Notary Public in and for said County and State personally appeared known to me, orTmV the person that executed the within instrument. WITNESS my hand and official seal Notary Public in and for said County and State My commission expires: �i JOHIV E. ARMER (0 ;,_ COMM. 12R 359 Ui Not ry pubk.caitfomia M ANGEL S COUNTY My Cow,p Dec. 1 Signed: V Page 4 of 7 I ENVIRONMENTAL CHECKLIST Date Filed: General Information 1. Name and address of developer or project sponsor: 1b aiwAti N u m" S Jo A%" ME LKL / MACOU PRQ PEtT 11 S ZtZt E. WASNI^7G'foeJ t3L-vD L.A- C-A 1002.1 2. Address of project: 3 6 & O S 0-t o S-T . Assessor's Block and Lot Number: (, 3 o 3 - o -1 . o''31 3. Name, address, and telephone number of person to be contracted concerning this project: _ _191ZF.% -SF-CAL 31© 82%• 3181 3135 oGEA+J PARK. NLVIOW 11 Z- 5-An1TA A041 GA C.A, ct o -1 oS 4. Indicate number of the permit application for the project to which this form pertains: _ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: " t3Ul�O1�1C, QCr2MtTS VAP-tA41L%*' -to ALLoLJ ¢..1-pJc, -295MIt. co Pert sc%,-rrd 4 2!e.N 2 -t (Al & I ) 5. Existing zoning district: /A- Zo n 6 7. Proposed use of site (Project for which this form is filed): I i.tr-TA 1 L SAL -trS Project Description: 8. Site Size: '701 2 8 ( S. 9. Square footage: 13 O 0 ® S . F, 3 to I LD I mixs 10. Number of floors of construction: 0 rj C Page 5 of 7 11. Amount of off-street parking provided: 12. Attach plans: V 13. Proposed scheduling: -[AR.? C btiS STAJc .T l n.J T,AN 2 0o2. COLETL -JVN1rZoo; 14. Associated projects: M OA I 15. Anticipated incremental development: to ZA 16. If residential; include the number of units, schedule of unit sizes, range of sale prices or rents and type of household size expected L� 17. If commercial, indicate the type, whether neighboring, city or regionally oriented square footage of sales area, and loading facilities N E t G N6o1W w O ?=rST^Q K.A�fCS SALES 18. If industrial, indicate type, estimated employment per shift, and loading facilities T 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project ZA 20. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required 1- A Goa Dr ► on14L tJ S V— P6" 1-1 _r O A S `d LJ A LO M^ cw-C-Jg L V S a' t nl :r uU.- M Z044r 2 .- A ✓'AA-1A4C,a- 74 A L-L O,,l Pzo.L S nil A t-L4-rc_ 79-Vc k- S /° ^C-tr-S Page 6 of 7 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 NQ ❑ 21. Ch substa ❑ 26 22. Ch or road ❑ Cr 23. Ch ❑ C� 24. Si ❑ fi� 25. Ch ❑ 26. Chan alterat ❑ 27. Su ❑ Qf 28. Si ❑ 5� 29. Us flamm ❑ i( 30. Su /� sewage ❑ A 31. Su ❑ [l' 32. Re Environmental Settin ange in existing features of any bays, tidelands, beaches, lakes or hills, or tial alteration of ground contours. ange in scenic views or vistas from existing residential areas or public lands S. ange in pattern, scale or character of general area of project. gnificant amounts of solid waste or litter. ange in dust, ash, smoke, fumes or odors in vicinity. ge in ocean, bay, lake, stream or ground water quality or quantity, or ion of existing drainage patterns. bstantial change in existing noise or vibration levels in the vicinity. to on filled land or on slope of 10 percent or more. e of disposal of potentially hazardous materials, such as toxic substances, ables or explosives. bstantial change in demand for municipal services (police, fire, water, etc.) bstantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) lationship to a larger project or series of projects. 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. 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. 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, statements, and information presented are true and correct to the best of my knowledge and belief. g • 20. O 1 Signature) Date Page 7 of 7 �-Ml 1-� S EAEES OF REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Real Estate Division Acquisition and Management December 27, 2001 Brendan Holdings, LLC C/o Mr. Berry Segal Segal/Rea Architecture 3435 Ocean Park Boulevard, Suite 112 Santa Monica, California 90405 Dear Mr. Segal: Enclosed for your records is a fully executed copy of document No. DACW09-9-02-0402 Consent to Cross the Government's Easement on the Los Angeles River, Los Angeles County, California. If you have any questions, your point of contact is Ms. Sandy Casteel at (213) 452-3163. Sincerely, Enclosure Robert W. Colange Contracting Offic Real Estate Divis CONSENT TO CROSS U. S. GOVERNMENT EASEMENT AT LOS ANGELES RIVER NO. DACW09-9-02-0402 KNOW ALL MEN BY THESE PRESENTS: That the consent of the United States is hereby granted to BERDAN HOLDINGS LLC hereinafter designated as grantee, to construct, use, maintain, control, operate and repair a parking lot, herein referred to as "structure", across, over and under the lands where the United States has acquired a perpetual flowage easement identified as Tracts Nos. 275 and 9734, Los Angeles River project and which is recorded in Deed Book 160, Page 5 and 6, in the records of Los Angeles County, California . The right-of-way for said structure for the purpose of this consent is specifically identified shown on Exhibit "A" attached hereto and made a part hereof and described as follows: This consent is granted subject to the following conditions: 1. That it is understood that this consent is effective only insofar as the property rights of the United States in the land to be occupied are concerned, and that it does not relieve the grantee from the necessity of obtaining grants from the owners of the fee and/or other interests therein. 2. That the proposed construction authorized herein shall not be commenced until appropriate rights shall have been obtained by the grantee from the record owners and encumbrancers of the fee title to the lands involved. 3. That the exercise of the privileges hereby consented to shall be without cost or expense to the Department of the Army, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter referred to as "said officer," and subject to such regulations as may be prescribed by the District Commander, Los Angeles District, from time to time, including, but not limited to, the specific conditions, requirements and specifications set forth in Exhibit "B" attached hereto and made a part hereof. 4. That the grantee shall supervise and maintain the said structure and cause it to be inspected at reasonable intervals, and shall immediately repair any damage found therein as a result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said structure or the making of any repairs thereto, the premises shall be restored immediately by the grantee, at the grantee's own expense, to the same condition as that in which they existed prior to' the commencement of such work, to the'satisfaction of said -officer. 5. That any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the grantee shall, if so required by the said officer and at his option, pay to the United States money in an amount sufficient to compensate for the loss sustained. by the United States by reason of damage to or destruction of Government property. 6. That the United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee, or the persons of grantee's officers, agents, servants, or'employees or others who may be on said.premises at their invitation or the invitation of one of them arising from governmental activities on or in the vicinity of the said premises, and the grantee shall hold the United States harmless from any and all such claims. 7. That this consent is effective only as to the following rights of the United States in the lands hereinabove described. 8. That the United States shall in no case be liable for any damage or injury to the construction herein authorized which may be caused by any action of the Government, under the rights obtained in its easements, either hidden or known, or that may result from future operations under taken by the Government, and no claim or right to compensation shall accrue from such damage or injury, and if further operations of the United States require the alteration or removal of the structure herein authorized, the grantee shall, upon due notice from the Chief of Engineers, Department of Army, alter or remove said structure without expense to the Government and subject to the supervision and approval of the officer having jurisdiction over the property and no claim for damages shall be made against the United States on account of such alterations or removal. 9. That construction and/or operation maintenance and use of said structure incident to the exercise of the privileges hereby granted shall be in such a manner as not to conflict with the rights of the Government, nor to interfere with the operations by the Government under such rights, nor to endanger lives and safety of the public. 10. That this consent may be terminated by the Secretary of the Army upon reasonable notice to the grantee if the Secretary of the Army shall determine that installation to which consent is hereby granted interferes with the use of said land or any part thereof by the United States, and this consent may be annulled and forfeited by the declaration of the Secretary of the Army for failure to comply with any and all of the provisions and conditions of this consent, or for nonuse for a period of two years, or for abandonment. 11. That upon the relinquishment, termination, revocation, forfeiture or annulment of the consent herein granted, the grantee shall vacate the premises, remove all property of the grantee therefrom, and restore the premises to a condition satisfactory to the officers having immediate jurisdiction over the property. If the grantee shall fail or neglect to remove said property and so restore the premises, then, at the option of the Secretary of the Army, the said property shall either become the property of the United States without compensation therefor, or the Secretary of the Army may cause it to be removed and the premises to be so restored at the expense of the grantee, and no claim for damages against the United States, or its officers or agents, shall be created by or made on account of such removal and restoration. 12. That the terms and conditions of this consent shall extend to and be binding upon the heirs, successors and assigns of the grantee. 13. That the grantee within the limits of his respective legal powers shall comply with all Federal, interstate, state and/or local governmental regulations, conditions or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 14. That the grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify the District Commander, Los Angeles District, and the site and the material shall be protected by the grantee from further disturbance until a professional examination of them can be made or until clearance to proceed is authorized by the District Commander. 15. Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include assignees, transferees and their duly authorized representatives. This consent is not subject to Title 10, U.S.C., Section 2662. IN WITNESS WHEREOF, I have hereunto set my hnr,1CJV, by authority of the Secretary of the Army thin La day of 2001. THIS CONSENT is also executed by the Grantee this , 2001 BERDAN HOLDINGS LLC of C O R P O R A T E C E R T I F I C A T E I, /8pra4rd /A 6*rm'e" , certify that I am the of the corporation named as grantee herein; who signed the foregoing instrument on behalf of the corporation. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the grantee in executing said instrument. Date: (SEAL) (ACKNOWLEDGMENT) (SEE ATTACHED .NOTARY) CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF VENTURA ) On 1.1/12/2001 before me, LENA PULIDO, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, BERNARD HUBERMAN personally known to me (or proved to me on the basis of satisfactory evidence) to be the personoo whose nameN is/w subscribed to the within instrument and acknowledged to me that he/.slw/ OW executed the same in his/haAhe4r authorized capacity(.9*, and that by hislbofAhek signature( on the instrument the person()*, or the entity upon behalf of which the personX acted, executed the instrument. LENA PUUDO WITNESS my hand and official seal. Commission# 12614i8 Notary Public - Caliromto %lentum county MyC0MnB#WMoy191M �4-4 (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT 11/12/2001 SIGNER(S) OTHER THAN NAMED ABOVE CORPORATE CERTIFICATE NUMBER OF PAGES LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF RANCHO SAN ANTONIO, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 389 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED ON THE NORTH BY THE SOUTH LINE OF TRACT 275, AS SHOWN ON THE MAP RECORDED IN BOOK 14 PAGE 32 OF MAPS, IN THE OFFICE.OF THE COUNTY RECORDER OF- SAID COUNTY; BOUNDED ON THE EAST BY THE WEST LINE OF TRACT 9734, AS SHOWN ON THE MAP RECORDED IN BOOK 160 PAGES 5 AND 6 OF SAID MAP RECORDS; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOT 1 OF THE JNO R. TAYLOR'S VERNON AVENUE VILLA LOTS, AS SHOWN ON THE MAP RECORDED IN BOOK 4 PAGE 42 OF SAID MAP RECORDS; AND BOUNDED ON THE WEST BY THE EAST LINE OF BOYLE AVENUE (NOW SOTO AVENUE) 50 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT 9734. EXCEPT.THEREFROM THOSE PORTIONS OF SAID LAND WITHIN THE BOUNDARIES AND LYING *NORTHEASTERLY OF THE NORTHEASTERLY BOUNDARY LINE. -OF THE PARCEL, DESCRIBED AS FOLLOWS: ~ BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN AN EASEMENT TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 11121 PAGE 387, OFFICIAL RECORDS; THENCE SOUTH 50° 21' 26" EAST ALONG THE SOUTHWESTERLY LINE OF SAID EASEMENT 222.23 FEET; THENCE SOUTH 52° 26' 18" EAST CONTINUING ALONG SAID SOUTHWESTERLY LINE 82.04 FEET TOA POINT IN THE EASTERLY LINE OF THAT CERTAIN PARCEL OF -LAND AS DESCRIBED IN A DEED TO E.R. WERDIN, ET UX, RECORDED IN BOOK 11410 PAGE 16, OFFICIAL RECORDS OF SAID COUNTY, DISTANT NORTH 010 10' 00" WEST THEREON 199.23 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LAST MENTIONED CERTAIN PARCEL; THENCE SOUTHERLY IN A DIRECT LINE TO SAID SOUTHEASTERLY CORNER; THENCE SOUTH 880 33' 30".WEST ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED CERTAIN PARCEL 189.90 FEET; THENCE NORTH 490 21' 14" WEST 309.18 FEET; THENCE SOUTH 400 38' 4611 WEST 10.88 FEET; THENCE NORTH 49° 15' 20" WEST 301.78 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LAST MENTIONED CERTAIN PARCEL, DISTANT SOUTH 890 13' 49" WEST THEREON 420.02 FEET FROM THE POINT OF BEGINNING; THENCE EASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THOSE`PORTIONS LYING WITHIN AND SOUTHERLY OF EAST 37TH STREET AS DESCRIBED IN PARCELS 1 AND 3 ON DEED TO CITY OF VERNON RECORDED MAY 19, 1967 AS INSTRUMENT NO. 576. EXHIBIT "":A:" SPECIAL PROVISIONS DACW09-9-02-0402 1. The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes; for maintenance, to make inspections, to flood the premises, inundate, to make any other use of the lands as may be necessary in connection with government purposes, and the grantee shall have no claim for damages on account hereof against the Units States or any officer, --agent, or employee thereof. 2. The United States reserves the right to close the area for maintenace and flood control purposes. 3. The grantee shall provide Point -of -Contact and phone number prior to start of the rainy season, October 15 to April 15, to the Corps of Engineers, Reservoir Regulation Section, at (213) 452-3532 OR 452-3330. EXHIBIT �%B" 6303-04-031 1 Berdan Holdings LLC 511 Spectrum Circle Oxnard, CA 93030 6303-05-030 2 Clougherty Packing Co 3049 E. Vernon Ave. Vernon, CA 90058 6303-05-012 3 Mobil Oil Corp. P.O. Box 290 Dallas, Texas, 75221 6303-05-902 4 L.A. CO Flood Control Dist 500 W. Temple St., Rm 754 Los Angeles, CA 90012 6303-02-020 5 Herbert & Louise Horvitz 565 Chalette Drive Beverly Hills, CA 90210 6303-04-029 6 Kerr-Mcgee Chemical Corp Kerr-McGee Center Oklahoma City, Okla 73112 6303-02-025 7 Seven Up RC Bottling Co 3220 E. 26th St. Los Angeles, CA 90023 6303-04-028 8 Seven Up RC Bottling Co 3220 E. 26th St. Los Angeles, CA 90023 Magnum Properties, Inc 2222 E. Washington Blvd Los Angeles, CA 90021 6302-02-031 9 Mobil Oil Corp. P.O. Box 290 Dallas, Texas, 75221 6302-20-44 10 McDonald Corp. 2150 Turnbull Canyon Rd Hacienda Heights, CA 91745 6303-05-901 11 L.A. CO Flood Control Dist 500 W. Temple St., Rm 754 Los Angeles, CA 90012 6303-05-014 12 Fiberboard Corp 1789 Montgomery St. San Francisco, CA 94111 6303-02-900 13 L.A. CO Flood Control Dist 500 W. Temple St., Rm 754 Los Angeles, CA 90012 6303-04-036 14 Kerr-Mcgee Chemical Corp Kerr-McGee Center Oklahoma City, Okla 73112 6303-04-038 15 Edward G. Velky 5108 Myrtus Ave. Temple City, CA 91780 6303-04-032 16 Berdan Holdings LLC 511 Spectrum Circle Oxnard, CA 93030 6303-04-033 17 Berdan Holdings LLC 511 Spectrum Circle Oxnard, CA 93030 Segal / Rea Architecture 3435 Ocean Park Blvd., Ste 112 Santa Monica, CA 90405 SOTO/BANDINI COMMERCIAL DEVELOPMENT PROJECT TRAFFIC AND PARKING STUDY VERNON - CALIFORNIA Prepared for: Segal/Rea Architecture Santa Monica, California Prepared on: October 29, 2001 COCO TRAFFIC PLANNERS, INC. a COCO TRAFFIC PLAN TRAFFIC • DESIGN • PARKING • MODELIN 10835 Santa Monica Blvd., Suite 206 • Los Angeles, California 90025 • Ph: (310) 470-4870 • F TABLE OF CONTENTS EXECUTIVE SUMMARY ax PROJECT DESCRIPTION .................................................. 1 DATA SOURCES 2 AREA LOCAL ROADWAY SYSTEM DESCRIPTION ........................... 2 SotoStreet........................................................ 2 Bandini Boulevard ................................................. 2 SITE TRAFFIC GENERATION ........................................... 3 FUTURE RELATED PROJECTS TRAFFIC GENERATION ...................... 4 TRAFFIC DISTRIBUTION.................................................. 4 ANALYSIS OF TRAFFIC CONDITIONS ....................................... 5 SITE AND PARKING ACCESS AND CIRCULATION ........................... 6 SUMMARY AND CONCLUSIONS ........................................... 8 APPENDIX A - MANUAL TRAFFIC COUNTS CALCULATION SHEETS APPENDIX B - INTERSECTION CAPACITY UTILIZATION CALCULATION SHEETS EXECUTIVE SUMMARY A 13,000 gsf commercial development has been planned at 3660 Soto Street, at the northeast corner of the intersection of Soto Street and Bandini Boulevard, in the City of Vernon, California. The site consists of about 56,000 square feet (sf) of land currently undeveloped. A mix of retail and restaurant space currently is anticipated. The project will be supported by a 69-stall surface parking lot. A traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection of Soto Street and Bandini Boulevard. The analysis was conducted both for the morning and the evening peak periods, which were found to fall between the 7:00 to 9:00 AM and the 4:00 to 6:00 PM peak periods. The peak hours used in this analysis consist of the peak consecutive 15-minute. counts within the peak periods. The analysis was conducted under four conditions of increasing traffic, 1. Existing (2001) traffic volumes; 2. Future (2002) Background traffic volumes (expanded existing volumes); 3. Background (2002) plus site projects' traffic volumes (total future); and 4. Scenario 3 with mitigation measures (where applicable). It was found that, traffic operations within the area street system will not be adversely effected by the moderate increase in traffic volumes generated by the proposed project. Motorists using the surrounding street system will not experience major changes in traffic operations due to the traffic generated by the proposed development. No mitigation measures were recommended as none was needed. 0 CE AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 26th day of August, 2002, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on October 2, 2002, (see attached copy) regarding a conditional use permit application for P. Kay Metal Supply, Inc., to expand its existing hazardous waste treatment facility located at 2448 East 25th Street in the City of Vernon. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. /% ^, Date: August 26. 2002 io Cbii%,.ales, Engineering Aide State of California ss. County of Los Angeles ) On 16 before me, �d�ae � Notary Public, personally appeared Sergio Canales, personally known to me (or newn te neen the basis of satisfisetery =videnee) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal =ELA GtRON Commission # 1328374 z Notary Public - California Z Los Angeles County My Comm. Expires Nov 4, 2005 C COCO TRAFFIC PLANNERS, INC. TRAFFIC • DESIGN • PARKING • MODELING • URBAN PLANNING 10835 Santa Monica Blvd., Suite 206 • Los Angeles, California 90025 • Ph: (310) 470-4870 • Fax (310) 470-0399 • E-mail: ASCOCOENGOAOL.COM October 29, 2001 Mr. Barry Segal, AIA SEGAL/REA ARCHITECTURE 3435 Ocean Park Boulevard, Suite 112 Santa Monica California 90405 Subject: SOTO/BANDINI COMMERCIAL DEVELOPMENT PROJECT TRAFFIC AND PARKING STUDY - VERNON, CALIFORNIA Dear Mr. Segal, As authorized, we have conducted a comprehensive traffic and parking impact analysis of your proposed commercial development located at the northeast corner of the intersection of Soto Street and Bandini Boulevard, in the City of Vernon, California. The general scope of work was determined through discussions with Staff from the City of Vernon's Community Development Division. This report analyzes the traffic and transportation impacts, associated with your development, upon the surrounding street system. For the purpose of this study staff found a concern with the project's impact upon the intersection of Soto Street and Bandini Boulevard. Traffic conditions at that location were analyzed under various scenarios. This report contains the findings and conclusions of our analysis with necessary supporting data. PROJECT DESCRIPTION The proposed project's site is located at 3660 Soto Street, in the City of Vernon, California. The site lies at northeast corner of the intersection of Soto Street and Bandini Boulevard. The lot has a triangular shape and is bordered by Soto Street on the West, Bandini Boulevard of the South and the Los Angeles River (flood control channel) on the northeast side. The lot therefore, is adjacent to the Soto Street and Bandini Boulevard bridges over the Los Angeles River. Figure 1 shows the location of the subject site on a regional basis. The project's site is zoned for commercial use. Nearby parcels consist of commercial as well as industrial uses. The site consists of about 56,000 square feet (sf) of land currently undeveloped. The proposed project entails three buildings with a total of 13,000 gross square feet (gsf). Figure 2 shows the site plan and its relationship to the adjacent street system. As indicated in Figure 2, building A, located at the southeastern end of the lot, will have 4,800 gsf of restaurant and retail space. Building B, located right on the corner of Soto/Bandini, will have 2,500 gsf of space, currently proposed as restaurant. Building C, located at the northwestern end of the lot, will have 5,700 gsf of restaurant and retail u, I � I 1 I I EE `♦ j\♦ EE BUILDING C € � "^•� RESTAURANT / RETAI ~ O 5,700 Sq. Ft. i s w w a F F- Mb (� :-�. ♦ off' t ♦ �\ 1� Y ♦®10, a \ Mm Mm\ I.r ♦♦ oxlvtlrr C BUILDING B RESTAURANT �`'�`""""'^--- \ TKO Z500 Sq. FL *`. O BUILDING A PAW > RESTAURANT / RETAIL j wy4 t 4,800 Sq.. Ft. AJ A �f �w I rJ I I BANDINI BOULEVARD N NO SCALE C COCO TRAFFIC PLANNERS, INC.TRAFFICSITE PLAN AND TRANSPORTATION ENGINEERING AND CONSULTING 10835 SANTA MONICA BLVD., STE 206, LOS ANGELES CA 90025 Project Name I No: Soto / Bandini Commercial Development Project TS - Vernon / 2K10651C2 Figure 2 Soto/Bandini Commercial Development Traffic Study - Vernon space. The project will be supported by a 69-stall surface parking lot. Site plans and other pertinent information concerning the proposed development were obtained from Mr. Barry Segal, of Segal -Rea Architecture. DATA SOURCES Field investigations were made by our personnel to ascertain existing intersection geometry and street characteristics in the vicinity of the site, and the proposed location and operation of the project's access points. Manual traffic counts were conducted at our direction on Tuesday, October 9, 2001, at the study intersection. The count was conducted during morning (AM) and evening m (PM) peak periods. These were found to fall between the 7:00 to 9:00 AM and the 4:00 q to 6:00 PM peak periods. The peak hours used in our analysis consist of the peak consecutive 15-minute counts within the peak periods. The results of all the traffic ' counts used in our analysis are summarized in Appendix A. The AM and PM peak volumes counted have been used for calculation purposes and represent the critical times associated with this part of the City of Vernon. The existing volumes used in the analysis are shown in Figure 3 both for the AM and the PM traffic conditions. AREA LOCAL ROADWAY SYSTEM DESCRIPTION • Soto Street is a north -south major highway providing two lanes in each direction of travel, generally separated by a two-way left turn lane. The street serves major industrial developments, as well as low density commercial/retail developments in the vicinity of major intersections. The proposed project will have a driveway on Soto Street, about 120 feet north of Bandini Boulevard. The speed limit is posted at 35 mph. Parking is allowed at most locations on both sides of the street. On the northbound approach of the intersection with Bandini Boulevard, the traveled lanes are separated by a raised median. Traffic signals exist at all g major intersections. Left turn pockets are provided at most locations along Soto Street. The intersection of Soto/Bandini is controlled by a multiphase actuated traffic signal. Southbound left turning vehicles have an exclusive left turn phase, B providing protected movements. All other directions have protected/permissive left turn movements. Bandini Boulevard is an east -west major highway. In the vicinity of the site, the street has a total of six lanes, separated by a median lane. Left turn pocket lanes are provided at all signalized intersections. Parking is allowed on both sides of street west of Soto Street, No Stopping Anytime signs are posted east of that. Bandini Boulevard serves industrial and commercial uses. Retail uses also are -2- C N NO SCALE N ;r r e- CO) Oe-N � � N o o-56/96 422 / 274 162/114 t Y 9/216 (235/424 �'�c 65/50� M � et N WA O 00 COCO TRAFFIC PLANNERS,INC.0 TRAFFIC AND TRANSPORTATION ENGINEERING AND CONSULTING 10835 SANTA MONICA BLVD., STE 206, LOS ANGELES CA 90025 LEGEND = Intersection Analyzed XX/XX = AM/PM Peak Hour Traffic Volumes EXISTING (2001) AM/PM PEAK HOUR TRAFFIC VOLUMES Project Name / No: Soto / Bandini Commercial Development Project TS - Vernon / 2K10651C2 I Figure 3 Soto/Bandini Commercial Development Traffic Study - Vernon found in the vicinity of Soto Street. The speed limit is posted at 35 mph west of Soto Street, and at 45 mph east of that. SITE TRAFFIC GENERATION Studies by the Institute of Transportation Engineers (ITE), Caltrans, ourselves and others have identified generalized factors which relate traffic characteristics with quantity and type of development. These traffic generation factors are useful in estimating the total future characteristics of a project yet to be constructed and occupied. Judgment is required on the part of the analyst to select the appropriate factors which best match the type of developments contemplated. The quantity of floor area, number of employees, density of development, availability of public transportation, and regional location of the project all affect the traffic generation rate. While there are many different types of uses and many parameters upon which to estimate traffic (acreage, floor area square footage, employment, etc.) the best factors for the kind of development contemplated relate to the square footage of the project. In order to evaluate the quantity of traffic generated by the site, ITE traffic generation factors from the 6th Edition of the Traffic Generation Manual were applied to the proposed building project for the daily and the morning and evening peak periods. As mentioned earlier, the AM and PM peak hours relate to a one -hour period within the 7:00 to 9:00 AM and the 4:00 to 6:00 PM periods respectively. As indicated in the "Project Description" section of this report, the proposed project is planned to provide a total of about 13,000 gsf of mixed retail and restaurant space. Table 1 shows in detail the generation factors used for analysis purposes along with the related volumes. It should be noted that, for the purpose of evaluating a "worst -case scenario", it was assumed that 50 percent of the mixed use space will be occupied by fast food restaurants, with the balance being retail space. The fast food restaurants contemplated are "without drive -through window" due to the layout of the proposed buildings. The smaller Building B, was assumed to be a high turnover, sit-down restaurant. As indicated in Table 1, the proposed project is expected to generate a total of about 3,500 vehicle trips per day (1,750 inbound and 1,750 outbound). The AM peak was estimated at 281 vehicle trips (167 inbound and 114 outbound). The PM peak was estimated at 254 vehicle trips (129 inbound and 125 outbound). As indicated, these are the numbers of vehicle trips generated by the proposed project thus, reflecting the "driveway" traffic and do not account for "pass -by trips". Pass -by trips are those trips which a development attracts from the existing on -street traffic stream passing by the facility on adjacent streets. These trips do not have that facility as their final destination and the vehicles making them would be in the traffic stream regardless of the existence of the facility. d (0 N N N NM O O t0 y 0 c w �C�00 N MM Q00 o O oa = ,NO- ...1 a O W -� �O� C) 1�0� 0. °> 00 to 00 00 v O v O 00 V N T O N r O a T7d:M �NM 0 O 0 ui C 000Cl) `- �c-M `- O g a -- a ---- W N� LO O O CAD O a C I m r-sNOo ON0) C) ~ O IC) O a C -M (~0 00 CO a j w ,-• o O Ln , I a.v 3 7vLn T7000� n O n N ct f� e- O t- ems- O r o L � N00M �-ON � O .i+ .2 W = 0 f� 00 Cl?O W Z F- Cl) (0 O (0 O O �+ N N a L a M ��0) N O O D NNco OM— � 0~W �0 (0 co Z a1 == N M coLUdW 0 1 om J H I ! m m LLLL v Q L W > �'' N Nvco ISO V CD O a a+ L6 O (O ti O 00 O ~ Q 0.) N N 1 n ui 1- V V � Z N 0 N M M N M M Q C, J = V 00 00 0o 00 co co Z j m a� �- m ~ JlaL< I 0 =Q �-i C D _alLaL LaL _ I N a� NN NgNp O O m w N 1g (A (V N C tq N (A O C1 a N O V L a N ti i 'D O L L W o o C O N W i N Q I r a m� m m �� 3 y Z L Id F- U rn o 'a Rr m y , d aD W �, �. y L O. C1 U :` N fn C ° ca �' = .'� .0 �O Za ` +0r 3 n�. aN OO 0 J N G> O. co c OO C �� a. -oy a` a o xc wL a. y a W ;r a *c a)a a, =LL r y H 0) a v) a cn -- ui N — Soto/Bandini Commercial Development Traffic Study - Vernon Pass -by trips principally relate to retail and commercial developments. The analysis of this phenomenon is necessary to evaluate the amount of traffic that a commercial project will actually add to existing traffic as opposed to the total traffic generated by the development (driveway count). The percentage of pass -by trips was found to be higher for smaller developments and could be higher than 60%. In order to be conservative, and analyze the project's impact under a "worst case scenario", our analysis assumed a 50 percent pass -by trip reduction factor for the retail and fast food sections of the proposed project, and a 20 percent factor for the sit-down restaurant. After the pass -by trip reduction, the project is expected to increase area traffic by about 1,900 vehicle trips on a daily basis (1,450 inbound and 1,450 outbound). During the AM peak the project will add 147 vehicle trips (87 inbound and 60 outbound). The PM peak shows an overall increase in traffic of 134 vehicle trips (69 inbound and 65 outbound). These volumes were used in our analysis. FUTURE RELATED PROJECTS TRAFFIC GENERATION The traffic impact of a project yet to be built requires the evaluation of the traffic volumes which will occur at the time when the project is constructed and fully operational. Future volumes, also indicated as "background traffic," will include the traffic generated by those other area projects which currently are being proposed or built in the vicinity of the site. City files indicated that there currently is no such project in the proposed site's surrounding area. TRAFFIC DISTRIBUTION Once the total quantity of traffic generated by a project is known, estimates are made of the directional distribution of this traffic. This will allow for an assignment of the vehicle trips to the roadway system to analyze the impacts. On a regional level, it was estimated that about 20 percent of the total site traffic volumes will be oriented to and from the west; 35 percent to and from the east; 15 percent to and from the north; and 30 percent to and from the south. Based upon the regional traffic distribution, the traffic volumes are then assigned locally to the study intersections for the AM and PM peak periods. The expected site traffic volumes were distributed to the adjacent street system based upon the manual traffic counts conducted, observations of peak hour traffic movements, the characteristics of the nearby street system, and the distribution of the population in the site environs. The assignment was based upon the assumption that traffic will follow the shortest route available. No attempt was made to reassign the traffic to alternate routes. This would have reflected common motorists behavior trying to avoid more congested intersections. The methodology used therefore, presents a worst case scenario. In addition, the traffic assignment assumes that only right turn movements will be allowed into and out of the proposed project's driveways. The site traffic distribution used in the Soto/Bandini Commercial Development Traffic Study - Vernon analysis is shown in Figure 4. The values shown are expressed in terms of percentage of total traffic generated. ANALYSIS OF TRAFFIC CONDITIONS In order to analyze the operating characteristics at the key signalized locations, the Intersection Capacity Utilization (ICU) method was used. The basic methodology consists of calculating the volume/capacity ratios for each of the critical turning movements which would determine traffic signal timing, add an allowance for yellow clearance times, and determine the total percentage of available capacity which is utilized by the approach volumes. A capacity of 1,600 vehicles per lane per hour of green time (vphG) was used for all movements. The ICU value is related to Level of Service (LOS). LOS A through C represent good operating conditions with minimal delays. The ICU's associated with these levels are 0.000 to 0.600 for LOS A, 0.601 to 0.700 for LOS B, and 0.701 to 0.800 for LOS C respectively. LOS C is used by the City of Camarillo as an urban design value. Some queues may occur with ICU's between 0.801 and 0.900, and LOS D which is taken as tolerable for short periods of time. LOS E represents congested traffic conditions with short stop -and -go type of operations characteristic of service volumes approaching capacity, represented by an ICU of between 0.901 and 1.000. LOS F represents forced flow conditions, extended stop -and -go type of operations, and service volumes beyond capacity. This condition is characterized by ICU's greater than 1.000. The analysis assumes that the City of Vernon uses established thresholds of traffic, beyond which a project's impact is "significant", thus requiring implementation of mitigation measures. These thresholds relate to the increase in the ICU index a project determines during peak hours. Specifically, the traffic impact is significant if a) a project increases the ICU by 0.01 or more at an intersection operating at LOS E or worse; or b) a project increases the ICU by 0.02 or more at an intersection operating at LOS D; or c) a project increases the ICU by 0.04 or more at an intersection operating at LOS C or worse. The ICU technique was applied to all the study intersections for the following conditions of increasing traffic: 1. Existing (2001) traffic volumes. 2. Future (2002) traffic volumes (expanded existing traffic). 3. Condition 2 with related projects traffic volumes. 4. Condition 3 plus proposed project's traffic volumes. 5. Condition 4 with mitigation measures (where applicable). As indicated earlier, there are no related projects in the site's surrounding area therefore, conditions 2 and 3 do not present any change from the previous condition. As -5 C .y - r . Soto/Bandini Commercial Development Traffic Study - Vernon k indicated, Condition 2 relates to traffic volumes during the year 2002, which was assumed as the first year of full operation of the project. These were obtained by expanding 2001 traffic volumes to the year 2002 with a one percent traffic growth rate per year. The annual growth is due to the combined effect of the increasing vehicle availability, intensification of use of existing developments and other factors. In the evaluation of the 2002 traffic, it will account for possible future developments not known at the present time. It should be noted that the peak hours for the intersection analyzed and for the traffic generators evaluated in this analysis (site project) will not necessarily occur during the same single hour. In order to be conservative they have been assumed to occur simultaneously. The results of the ICU calculations were summarized in Table 2. Appendix B shows the details of the ICU calculations for the analyzed intersection and for all the above mentioned traffic conditions for the AM and the PM peak periods. Figure 5 shows the proposed project's estimated traffic volumes for the morning and the evening peak hours. Figure 6 shows the total future traffic volumes for each of the turning movements for the AM and the PM peak hours. As reported in Table 2, under existing conditions all intersections operate at between LOS C during both the AM or the PM peak hours. With increased ICU's, traffic operations during the year 2002 show patterns similar to the existing conditions. However, traffic conditions remain very good , at LOS C during both peak hours. The addition of the proposed development project causes a limited traffic impact at the intersection analyzed. The morning peak hour impact associated with the proposed project is 0.023, while during the evening peak, the impact is,0.019 at LOS D. No mitigation measures were proposed as none was necessary. SITE AND PARKING ACCESS AND CIRCULATION As shown in Figure 2, the site currently is served by two 40-foot driveways on Soto Street and Bandini Boulevard respectively. The driveways will access the project's surface parking lot which consists of a total of 69 parking stalls. The driveways provide proper ingress and egress interface with on street traffic flows. Inbound and outbound right turns will be allowed at the driveways. Passenger car access to all parking areas is satisfactory and the parking lot has proper circulation. Turning radii are adequate both for ingress and egress movements. The location of the handicapped parking stalls is satisfactory. Six stalls are provided, four are centrally located between the three buildings, and two near the larger Building C. C a Z i o � aH J W Q Z ~ U O Z Q Oa cW 0 U H g W Z �0 a U <WpW C) o�M� U H U w Z 06 W N D W W � U U Y�g0 U) m + w a O Z LU F- U [ U Y w p O m W W l- J W U Z D w N U o LL D N U O LL U z W U (n N Z) 9J LRU F }O O W O_ 1- d _O @� ch W 00 \ Cl) i cc W Z Z M w O w rn N c r c r C r O C 0 0 z z tC0 N M N c r c r O N O O 0 0 z z c c R O !E O E O o � o '� o o of o m O o co o 1 o 6 0 z z CD LO U 00 0 r 00 CL o V o E Q X 0c0 O 1� 00 co LO 00 o U o U 00 O O U U L r- o U o U Q � L iJ > 4 �M 0 �J W 0 •� M� W M N O C co N O O C 9� NO SCALE w W 0 0 W 63169 N O i✓ BAND I N I B O U L E V A R D Ic 58/45 Note: Driveway Volumes Reflect Total Generation (No Pass -by traffic reduction) LEGEND = Intersection Analyzed XX/XX = AM/PM Peak Hour Traffic Volumes C (mCOCO TRAFFIC PLANNERS,INC. PROPOSED PROJECT TRAFFICD TRANSPORTATION ENGINEERING AND CONSULTING AM/PM PEAK HOUR 1083SANTA MONICA BLVD., STE 206, LOS ANGELES CA 90025 TRAFFIC VOLUMES Project Name / No: Soto / Bandini Commercial Development Project TS - Vernon / 21C10651C2 Figure rj 49 = Intersection Analyzed XX/XX = AM/PM Peak Hour Traffic Volumes C COCO TRAFFIC PLANNERS,INC, TOTAL FUTURE (2002) 1083SANTA MONICA BLVD.,, STE 206, LOS ANGELES CA 90025 TRAFFIC AND TRAN P AM/PM PEAK HOUR S ORTAIENGINEERING AND CONSULTING TRAFFIC VOLUMES Project Name / No: Soto / Bandini Commercial Development Project TS - Vernon / 21<10651C2 Figure 6 Soto/Bandini Commercial Development Traffic Study - Vernon Two truck loading docks are provided on site, one in the central parking area, the other near Building C. Trucks will approach the site from northbound Soto Street or westbound Bandini Boulevard, and turn right into the site. Maneuvering space is provided on site. After completing the unloading operations, trucks will negotiate right turn movements to exit back onto the streets. All trucks' ingress and egress maneuvering will occur on site, thus reducing the potential for traffic delays due to trucks operations. We do not anticipate that truck maneuvers will have a significant impact upon the street system flow of traffic. In order to maintain a safe sight distance for all exiting vehicles, it is recommended that landscaping in the vicinity of the project's driveways be kept below two feet in height. No obstacles which may block view of oncoming traffic should be located in those areas. Soto/Bandini Commercial Development Traffic Study - Vernon SUMMARY AND CONCLUSIONS A three building, 13,000 gsf commercial development has been planned at 3660 Soto Street, at the northeast corner of the intersection of Soto Street and Bandini Boulevard, in the City of Vernon, California. The triangular site borders the Los Angeles River (flood control channel) on the northeast side. It consists of about 56,000 square feet (sf) of land currently undeveloped. A mix of retail and restaurant space currently is anticipated. The project will be supported by a 69-stall surface parking lot. A traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection. The analysis was conducted both for the morning and the evening peak periods, under four conditions of increasing traffic, 1. Existing (2001) traffic volumes; 2. Future (2002) Background traffic volumes (expanded existing volumes); 3. Background (2002) plus site projects' traffic volumes (total future); and 4. Scenario 3 with mitigation measures (where applicable). It was found that, traffic operations in the area street system are good and will not be adversely effected by the moderate increase in traffic volumes generated by the proposed project. Motorists using the surrounding street system will not experience major changes in traffic operations due to the traffic generated by the proposed development. Please call me if you have any questions with regard to our study. It has been a pleasure to serve you on this most interesting project. Very truly yours, COCO TRAFFIC PLANNERS, INC. 6'r. Antonio S. Co , P.E. President ASC/gt / ' #2K10651C2 APPENDICES CC) APPENDIX A PEAK HOUR MANUAL TRAFFIC COUNTS CALCULATION SHEETS C(o COCO TRAFFIC PLANNERS, Inc. - 10835 Santa Monica Blvd., Suite 206 - Los Angeles, California 90025 Fax: (310) 470-0399 Phone: (310) 470-4870 MANUAL TRAFFIC COUNT Intersection of Soto Street @ Bandini Boulevard (Vernon 1 California) Date of Count: 10/09/2001 Project Name/# : Soto/Bandini Commercial Development- Vernon / 2K1065ic2 Day of Week: Tuesday Supervised by : Accutek School Day: Yes Special Data None Weather: Clear Period Counted : 7 :00 AM - 9 :00 AM Hourly Hourly Traffic Volumes on Bandini Boulevard y y Hourly Period Traffic Volumes on Soto Street Westbound Total Started Northbound Southbound N+S E+W Eastbound Thru Right Total Left -. Thru Right Total Volumes @ Left Thru Right Total Left Thru Right Total Total Total Left 63 * 105 18 163 3,681 7:00 10 302 * 20 332 22 236 42 300 2,650 1031 23 49 5 45 9 77 75 I 39 * 110 * 14 163 3,732 7:15 14 338 * 21 373 17 244 39 ' 300 2,697 1035 21 '* 34 54 16 ' 104 32 101 14 147 3,768 ** 7:30 9 327 * 17 353 18 256 * 50 ' 324 2,709 1059 1063 ** 43 * 56 * 14 * 113 47 * 109 * 10 166 3,670 7:45 7 * 333 25 365 18 253 * 32 * 303 2,607 * 991 30 60 * 12 * 102 47 107 * 11 165 3,501 8:00 13 * 296 30 * 339 18 * 278 * 44 340 21510 22 * 65 ' 13 * 100 36 105 21 * 162 2,555 8:15 14 ' 329 30 373 16 * 260 * 36 312 1,831 I 724 32 59 * 8 99 44 93 19 * 156 1,608 8:30 14 * 242 25 * 281 23 * 243 28 294 1,146 462 20 52 6 78 �_ 30 77 22 * 129 'I 778 8:45 6 269 26 * 301 24 * 205 41 270 571 207 Eb Highest 15-minute volume (not necessarily in same 15 minutes): Nb 43 65 16 113 63 110 22 186 Wb Sb 14 338 30 373 24 278 50 340 Eb Highest hourly movement (not necessarily in same hour): Nb Sb 48 1300 111 1430 81 1047 165 1279 2709 1063 129 240 55 419 181 427 73 662 Wb The intersection's peak hour started @ 7:30 AM with the following volumes of turning movements: Total E+W Total N+S Total Left Thru Right Total Peak Hour Total Left Thru Right Total Left Thru Right Total Volumes Volumes Left Thru Right 55 419 192 422 56 640 1,059 2.709 43 1,286 102 1,430 70 1,047 162 1,279 3.768 129 236 otal. COCO TRAFFIC PLANNERS, Inc. - 10836 Santa Monica Blvd., Suite 206 - Los Angeles, California 90025 Fax: (310) 470-0399 Phone: (310) 470-4870 MANUAL TRAFFIC COUNT Intersection of Soto Street @ Bandini Boulevard (Vernon / California) Date of Count: 10/09/2001 Project Name/# : Soto/Bandini Commercial Development -Vernon / 2K1065ic2 Day of Week: Tuesday Supervised by Accutek School Day: Yes Special Data "T" Intersection Weather: Clear Period Counted : 4 :00 PM - 6 :00 PM Period Started 4:00 4:15 4:30 4:45 5:00 5:15 5:30 5:45 Nb Hourly + N S Total Hourly + E W Total 1192 " Left 48 Traffic Eastbound Thru 123 112 * Volumes Right 21 * 15 * on Total 192 179 Bandini Left 30 * 29 * Boulevard Westbound Thru Right 75 * 59 * 21 25 * Total 126 113 Hourly Total Volumes 3,857 3,921 Traffic Volumes on Soto Street Northbound Southbound Left Thru Right Total Left Thru Right Total 3 239 28 * 270 41 245 23 * 309 2,665 7 281 26 314 32 326 326 19 * 377 2,735 1186 1174 52 52 * 111 * 14 * 177 37 * 77 * 26 * 140 j 3,980 7 281 ' * 31 * * 31 20 35 * 361 * 35 " 26 " 339 422 2,806 2,815 ** 1118 41 * 93 ' 10 * 144 26 ' 72 23 29 * 121 {I 117 3,933 3,809 4 5 * 288 257 30 21 322 283 36 * 308 * 22 366 2,756 1053 69 * 115 11 195 174 30 21 58 67 18 106 2,848 5 ' 329 " 20 353 31 * 359 * 18 408 2,107 741 54 * 105 15 I 33 59 21 113 1,806 6 * 260 31 297 32 * 317 ' 14 363 1,345 461 200 36 72 12 120 22 44 -- 14 ---- 80 ---r 885 - -- 8 * 249 30 287 1 26 353 19 398 685 l --- Eb Sb 1 8 329 31 354 Nb Highest 15-minute volume (not necessarily in same 15 minutes): 41 361 35 422 69 123 21 195 37 77 29 140 Wb Eb Highest hourly movement (not necessarily in same hour): ^� k th Sb 1 24 1148 115 1271 134 1345 Total N+S The intersection's peal Volumes Left I Thru I Right Total Left I Thru 2,806 21 1,148 102 1,271 122 1,312 15 Minute Volume Included in Highest Hour for Movement. T s 103 1559 2815 1192 218 439 60 695 122 283 hour started 4:30 PM with the following volumes of turning movements: Right Total Peak Hour Total Left Thru Right Total Left Thru 101 1,635 3,980 216 424 50 690 114 274 •' Traffic Volumes during Peak Hour for given Direction and Intersection's Total. Total m ght Total Volumes 96 484 j 1,174 CE APPENDIX B INTERSECTION CAPACITY UTILIZATION CALCULATION SHEETS CC) pCo aQ� vv� vaC7 vQQ pC�m err vvm ciTU vQZ O �aD rr v v c a o,�Cn C o asp �5* co �Cu =r M CD ��c C= ( c ?:3x c �� c �c oD ��� �=rU 2 ?�U c c CD_ T X 0_ -- O •Y X •w.► 0 0 O > O j ' j pG�-{ O d A CD N"' 0AA •pN OA(A j ONN -� (OD A Cn NCA N CT W N C)N CAA V OOoA Cvm 3 D m Cy0 co B. 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O 0�0 0�' C).t�paCo aAo V co o �_ AA y < o COJf 00Cn Ow V ON W mC) O W O O-N 0NA 0 V J CD A 000 .11 coo CD O O V r * x • • ♦ a • N O 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, September 18, 2002 at 5:00 p.m. Applicant: Berdan Holdings 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 construct and operate a commercial retail facility. Property Involved: 3660 Soto 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. C/ BRUCE V. MALKENHORST City Administrator/City Clerk U EXHIBIT 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 August 20, 2002 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 C-10 Enclosed herewith for your information is a Notice of Public Hearing, Notice of Intent, and Proposed Mitigated Negative Declaration to consider an application for a conditional use permit for the property located at 3660 Soto Street in the City of Vernon. The applicant, Berdan Holdings is applying for a conditional use permit to construct and operate a commercial retail facility. 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 meeting on September 18, 2002 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. AVeryyourn Wilson, P.E. Director of Community Services & Water SKW:sc Attachments CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern 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 August 20, 2002 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 C-10 Enclosed herewith for your information is a Notice of Public Hearing, Initial Study, Notice of Intent, and Proposed Mitigated Negative Declaration to consider an application for a conditional use permit for the property located at 3660 Soto Street in the City of Vernon. The applicant, Berdan Holdings is applying for a conditional use permit to construct and operate a commercial retail facility. 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 meeting on September 18, 2002 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. Vyll y urs, Svin Wilson, P.E. Director of Community Services & Water SKW:sc Attachments AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 26th day of August, 2002, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on September 18, 2002, (see attached copy) regarding a conditional use permit application for Berdan Holdings, to construct and operate a commercial retail facility located at 3660 Soto Street in the City of Vernon. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: August 26, 2002 S State of California ss. o CanWles, Engineering Aide County of Los Angeles ) On �s! ?,fed Z before me, 1 'MV-Z,1/ q 67I M-1 Notark Public, personally appeared Sergio Canales, personally known to me (ems ewn—te- a�on����� eatisfaetery _v_d_„__) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. CWITNESS my hand and official seal j MANUELA G,F:o� Commission # 1328374 Z Notary Pudic - California Z Los Angeles Cnur Ty my Gomm. Expire. " ?005 AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed at the City of Vernon in the Community Services Department in the position of Engineering Aide. 2. That on August 26, 2002 I mailed a copy of Notice of Public Hearing, Notice of Intent, and Proposed Mitigated Negative Declaration to be held on September 18, 2002 along with the attached letter regarding a conditional use permit for Berdan Holdings to construct and operate a commercial retail facility at 3660 Soto Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed at the City of Vernon in the Community Services Department in the position of Engineering Aide. 2. That on August 26, 2002 I mailed a copy of Notice of Public Hearing, Initial Study, Notice of Intent, and Proposed Mitigated Negative Declaration to be held on September 18, 2002 along with the attached letter regarding a conditional use permit for Berdan Holdings to construct and operate a commercial retail facility at 3660 Soto Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. City of Vernon NOTICE OF INTENT 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 Berdan Holdings has requested a conditional use permit to construct and operate a commercial retail facility. The site is currently vacant and undeveloped. Previously a gasoline station occupied the site. The proposed project is for a 11,411 square foot retail/commercial center comprised of three one-story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The property site for which the conditional use permit is sought is located at 3660 Soto Street in the City of Vernon. Please take notice that a recommendation from the Director of Community Services will be made to the City Council of the City of Vernon during the regular meeting on September 18, 2002 to adopt a Mitigated Negative Declaration in accordance with the California Environmental Quality Act. 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 must submit written comments on these documents, which will be received by me at the address shown on the letterhead by September 18, 2002. Comments received after this date may not be given full consideration. If you challenge the Mitigated Negative Declaration, or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the meeting described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. SKW:sc Very urs, SWilson, P.E. Director of Community Services & Water �1- ENVIRONMENTAL CHECKLIST FORM AND INITIAL STUDY 1. Project Title: Berdan Holdings 2. Lead Agency Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 3. Contact Person and Phone Number: Samuel Kevin Wilson (323) 583-8811 Ext. 245 4. Project Location: 3660 Soto Street 5. Project Sponsor's Name and Address: Berdan Holdings c/o Magnum Properties SotoBandini Commercial Center 3660 Soto Street Vernon, CA 90058 6. General Plan Designation: M-Zone, (General Industrial) 7. Zoning: M-Zone, (General Industrial) 8. Description of Project: Berdan Holdings has applied for a conditional use permit to construct and operate of commercial retail facility. The proposed project is for an 11,411 square foot retail/commercial center comprised of three one-story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The center will operate from 7:00 a.m. to 11:00 p.m. The retail uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. The site is currently vacant and undeveloped. Previously a gasoline station occupied the site. The proposed site is consistent with the City of Vernon Comprehensive Zoning Ordinance and the City of Vernon General Plan. The project is subject to CEQA because it requires discretionary approval. 9. Other agencies whose approval is required (and permits needed): Health Permit for Restaurants City of Vernon Environmental Health Department Hazardous Materials Permit City of Vernon Environmental Health Department -1- Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this point, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning, ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Systems ❑ Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Determination. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remain to be addressed. Signature Date Samuel Kevin Wilson City of Vernon Printed Name For -2- KI n 0 ENVIRONMENTAL CHECKLIST FORM Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ X a and b. The project area is zoned M-Zone, General Industrial. The City of Vernon is primarily made up of industrial, commercial and distribution type facilities. The use conforms with the zoning ordinance (with a conditional use permit ) as well as with the General Plan, local codes and ordinances as they now exist. The project is not in conflict with any environmental plans or policies. c) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? ❑ ❑ ❑ X c. The City of Vernon is an industrial city with no agricultural land use within its boundaries. Therefore, the project, as proposed, will not affect agricultural resources or operations. d) Disrupt or divide the physical arrangement of an established community (including a low income or minority community)? ❑ ❑ ❑ X d. The project has no residential units on it that will be affected by the proposed use. The proposed site will not impact any residents. The site is surrounded by compatible uses and will not disrupt or divide the physical arrangement of any established communities. H. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ❑ ❑ ❑ X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ❑ ❑ ❑ X a and b. The population of the City of Vernon is approximately 90, with up to 45,000 people working in the City. The proposed site will operate from 7:00 a.m. to 11:00 p.m. The retail facility will have approximately 10 employees and the restaurant facilities will have approximately 25 employees to ran the proposed facilities. Therefore, there will be no impact to population or housing. c) Displace existing housing, especially affordable housing? ❑ ❑ ❑ X c. No housing currently exist on the proposed project site. Thus, the project will not displace housing. -3- Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? 0 ❑ X ❑ b) Seismicity: ground shaking or liquefaction? ❑ ❑ X 0 c) Seismicity: seiche or tsunami? ❑ ❑ ❑ X b) Landslides or mudslides? ❑ ❑ ❑ X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? ❑ ❑ X ❑ f) Subsidence of the land? ❑ ❑ ❑ X g) Expansive soils? ❑ ❑ ❑ X h) Unique geologic or physical features? ❑ ❑ ❑ X a through h. The topography of the City of Vernon is relatively level. Although there are no known earthquake faults in the City, Vernon is in a seismically active region and several faults in the area are likely to cause moderate ground shaking in Vernon. To ensure life safety, all construction shall be required to be in compliance with (Zone 4) seismicity requirements of the Building Code. There will not be any significant changes to the geologic substructure or topography. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, Or the rate and amount of surface runoff. ❑ ❑ ❑ X b) Exposure of people or property to water related Hazards such as flooding? ❑ ❑ ❑ X c) Discharge into surface waters or other alteration of Surface water quality (e.g. temperature, dissolved Oxygen or turbidity)? ❑ ❑ ❑ X d) Changes in the amount of surface water in any water body? ❑ ❑ ❑ X e) Changes in currents, or the course or direction of water movements? ❑ ❑ ❑ X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ❑ ❑ ❑ X g) Altered direction or rate of flow of groundwater? 0 ❑ ❑ X h) Impacts to groundwater quality? ❑ ❑ ❑ X a through h. The site for the proposed redevelopment is adequate in size and shape including drainage and landscaping to accommodate development features as required by the zoning code. Alteration of surface water quality is unlikely. All businesses will be required to obtain a National Pollution Discharge Elimination System (NPDES) permit, if required. No changes in water currents or water movements will occur. There will be no impacts on the direction or rate of flow of groundwater and no impact on its quality. The City of Vernon is the primary water service provider in Vernon. Therefore, there will be no substantial increase in public water demand and no reduction in the demand for groundwater. U Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact V AIR QUALITY: Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ ❑ ❑ X a. The City of Vernon is located within the South Coast Air Basin of California. The basin covers a 6,600- square mile area within Orange County, non -desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the basin is monitored by the South Coast Air Quality Management District (SCAQMD) at 35 monitoring stations throughout the area. The monitoring station nearest to the City of Vernon is the Pico Rivera station. Readings at the station are used to characterize air quality in the City of Vernon. b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ X b. The project as proposed will not cause an impact to these sensitive receptors. c) Alter air movement, moisture, or temperature, or cause any change in climate? ❑ ❑ ❑ c. The proposed project will create no unusual conditions which could alter air movement, moisture, temperature, or climate. d) Create objectionable odors? ro ❑ ❑ ❑ X d. The proposed project will not create objectionable odors. Therefore, there will be no significant environmental impact. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ❑ ❑ X ❑ a. Several freeways serve Vernon. To the north is the Santa Ana (I-5), Santa Monica (1-10) and the Hollywood (I-101) freeways, to the west is the Harbor Freeway (I-110), and to the east is the Long Beach Freeway (1-710). City of Vernon has several arterials, which bisect the City. The streets surrounding the proposed use are adequate in width and are improved as necessary to carry the traffic expected by this proposed use. Soto Street and Bandini Boulevard, arterial roadways, serve the subject site with a right-of-way of 88 feet and 100 feet in width, respectively. In order to prevent left turns into the site from the number one (1) lane eastbound on Bandini Boulevard the developer will be required to construct a raised median. Both streets are adequate size and pavement type to handle the traffic generated by the new facilities. Therefore, there will be no impact on transportation during operation due to increased traffic trips. b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ❑ ❑ ❑ X b. The proposed site is located in an existing industrial area, and the project is compatible with surrounding uses and no safety hazard resulting from incompatible uses are expected. -5- c) Inadequate emergency access or access to nearby uses? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact ❑ ❑ ❑ X c. The proposed site will include emergency access and access to nearby uses, as required by the City. d) Insufficient parking capacity on -site or off -site? ❑ ❑ ❑ X d. According to the Comprehensive Zoning Ordinance the proposed site will have sufficient parking required as defined in the zoning code. A total of 66 automobile parking spaces, 2 truck-parking/loading spaces are provided for the site. Therefore, the proposed site will supply sufficient parking and loading on -site and will create no impact. e) Hazards or barriers for pedestrians or bicyclists? ❑ ❑ ❑ X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ❑ ❑ ❑ X g) Rail, waterborne or air traffic impacts? ❑ ❑ ❑ X e through g. The proposed project area is surrounded by industrial, warehousing, and commercial/retail facilities that employ hundreds of people. Pedestrians on the same block as the retail/restaurant will access it either through the parking lot of the surrounding buildings or along the sidewalk on Soto Street or Bandini Boulevard. Farmer John employees are located across Bandini Boulevard and will be another larger customer base for the retail/restaurant. They, however, will need to cross a signalized pedestrian/traffic intersection at Bandini Boulevard to access the retail/restaurant facilities. The two intersections have pedestrian crosswalks, making it safe for pedestrians to cross Soto Street, Bandini Boulevard and access the retail/restaurant facilities. Therefore, there is no impact to pedestrians accessing the site. The activity at the site does not involve direct waterborne or air traffic. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and bids)? ❑ ❑ ❑ X b) Locally designated species (e.g. heritage trees)? ❑ ❑ ❑ X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? ❑ ❑ ❑ X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ X e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ X a through e. The project is in a highly developed industrial area with some commercial/retail type uses. Neither plant or wildlife habitat, nor other biological resources exist in the project area. The project will not affect such resources. Potentially Potentially Significant Significant Unless Impact Mitigated VHI. ENERGY AND MINERAL RESOURCES. Would the proposal. Less Than Significant No Impact Impact a) Conflict with adopted energy conservation plans? 0 ❑ ❑ X a. All the existing buildings shall comply with all appropriate local and state energy conservation regulations. b) Use non-renewable resources in a wasteful and inefficient manner? ❑ 0 ❑ X b. Construction of the proposed new facilities will involve the use of energy, building materials, water and other resources in amounts typical of other retail/restaurant developments in the region. This construction will not cause any significant impact to non-renewable resources. The energy used by this operation will not be substantial. The buildings will be constructed in accordance with the State of California Title 24 energy efficient requirements. There will be no impact to the City of Vernon Utilities Department. Therefore, the impact will be less than significant. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to oil, Pesticides, chemicals or radiation)? ❑ ❑ ❑ X b) Possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ X c) The creation of any health hazard or potential health hazard? ❑ ❑ ❑ X d) Exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ X a through d. The proposed site will have quantities of storage of hazardous materials below the exempt amount of the Building and Fire Codes and will be stored in accordance with the codes. Any hazardous substances used, handled or stored shall have prior approval from the Vernon Fire Department and Health Department. A Health Permit shall be obtained if there are any reportable quantities of hazardous materials on the site. Therefore, the risk of accidental explosion or release of hazardous substances will be reduced, including exposure of people to existing sources of potential health hazards. e) Increased fire hazard in areas with flammable brush, grass, or tees? ❑ ❑ ❑ X e. The proposed site is located in a completely built -out urbanized area that does not contain flammable grass, brush, or trees. -7- Potentially Significant Impact X. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? Potentially Significant Less Than Unless Significant No Mitigated Impact Impact ❑ X ❑ ❑ ❑ X a and b. Construction of new building will generate short-term, localized noise. However, the project is within an industrial area where the surrounding commercial/retail, manufacturing and warehousing uses are not noise sensitive. Construction activities will be limited to hours permitted by the City. Therefore, these will be no significant noise impacts. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X a through c. The project will be located in a highly industrialized and developed area. The proposed project will not pose a need for new or altered fire, police or school services within the City of Vernon. d) Maintenance of public facilities, including roads? ❑ ❑ ❑ X d. The site shall be maintained to prevent any off -site migration of trash or until hauled by a contracted refuse company. During operation, the site shall be maintained to prevent any impacts to the maintenance of public facilities. Therefore, there will be no significant impact to public facilities. e) Other governmental services? ❑ ❑ ❑ X e. No impact on governmental services will result. XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas ❑ ❑ ❑ X a. The proposed site is located in an area that is fully urbanized and served by an existing extensive electricity and gas infrastructure. Implementation of the project is not expected to result in the need for new power lines or natural gas systems. b) Communications systems? ❑ ❑ ❑ X b. The proposed site will be served by existing communication systems. The telephone, cable, and other communication systems are adequate and available to serve the proposed site. No need for new communication systems are required to serve the proposed site. 13 c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X c through f. The site was previously served with water, sewer, and storm water drainage utilities and service will continue with the proposed site. All main lines are in place and the proposed operation will not require any additional services beyond those presently offered. The proponent will provide their own refuse pick up. Therefore, there will be no impact. XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ X b) Have a demonstrable negative aesthetic effect? ❑ ❑ ❑ X a and b. The project is in an area that is extensively urbanized with industrial buildings and accessory structures, and does not provide any scenic vista open to the public. Therefore, the proposed project will create no impact. c) Create light or glare? ❑ ❑ ❑ X c. The site is located in an industrial area and lighting of facilities is common, therefore no impacts from light are anticipated. The facility is not expected to create any impact from glare. Therefore, the proposed project will create no impact. XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? ❑ ❑ ❑ X ❑ ❑ ❑ X a and b. The project is on a site that has been previously developed with a gasoline station. The project will not involve extensive excavation therefore, the potential for disturbing previously unencountered archaeological resources is remote. Therefore, the project will create no impact. c) Affect historical resources? ❑ ❑ ❑ X c. The project site has historically been developed and has been built with structures and parking lots. The extent of excavation is limited to a foundation with no extensive underground features, therefore, the chance of unearthing any historical resource is remote. Therefore, the proposed project will create no impact. d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ X e) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ X d and e. The project area is highly industrialized; no known unique ethnic cultural resources, or religious or sacred uses exist in the project area. Therefore, there will be no impact. M XV. RECREATION. Would the proposal: ,a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? ❑ ❑ ❑ X ❑ ❑ ❑ X a and b. The project will not result in an increase in residential population in Vernon. No impact on the demand for recreation opportunities is anticipated. No parks or recreation facilities exist on the project site nor is one planed on the site. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ X a. The City of Vernon is primarily made up of industrial and distribution type facilities with limited plant life. Plant life is limited to non-native and ornamental species which are used for landscaping. Animal life in Vernon and nearby urban communities consists of bird, reptile and mammal species that live in close proximity to man. There are no endangered species in Vernon. The site is an existing facility and there is no potential for finding important examples of major periods of California history. Therefore, the proposed project will create no impact. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ❑ ❑ ❑ X b. There will not be an impact on long-term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) ❑ ❑ X ❑ c. Cumulative impacts from this project and proposed nearby projects were considered. The project is not significant enough to cause a cumulative impact to air quality, traffic, noise, groundwater, surface water, or exposure to hazardous materials, and will not create any impact to sensitive receptors. Therefore, the cumulative impact for the proposed project will be less then significant. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ X d. There are no environmental impacts caused by the project that will cause adverse effects on human beings -10- City of Vernon LEAD AGENCY: PROJECT TITLE: 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 CALIFORNIA ENVIRONMENTAL QUALITY ACT PROPOSED MITIGATED NEGATIVE DECLARATION PROJECT LOCATION: PROJECT DESCRIPTION: City of Vernon Berdan Holdings 3660 Soto Street Berdan Holdings has requested a conditional use permit to construct and operate a commercial retail facility. The site is currently vacant and undeveloped. Previously a gasoline station occupied the site. The proposed project is for a 11,411 square foot retail/commercial center comprised of three one-story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The property site for which the conditional use permit is sought is located at 3660 Soto Street in the City of Vernon. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. The mitigation measures and conditions are designated to ensure protection of public health, safety and general welfare and the environment. CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON BERDAN HOLDINGS CONDITIONAL USE PERMIT TO OPERATE A RETAIL/COMMERCIAL RESTAURANT FACILITY AT 3660 SOTO STREET September 18, 2002 Berdan Holdings has applied for a conditional use permit to construct and operate a commercial retail facility. The proposed project is for an 11,411 square foot retail/commercial center comprised of three one-story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The center will operate from 7:00 a.m. to 11:00 p.m. The retail uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. The site is currently vacant and undeveloped. Previously a gasoline station occupied the site. 1. GENERAL PLAN The proposed use is in accordance with the General Plan. The site is located in the M-Zone, General Industrial. Generally, retail and commercial uses are permitted in the M-Zone. However, according to Section 26.3.5-3(a) of the Comprehensive Zoning Ordinance retail and commercial uses with a floor area of more than 10,000 square feet may be permitted in the M-Zone with a conditional use permit. 2. SITE The proposed project is for a 11,411 square foot retail/commercial center comprised of three one-story buildings in the City of Vernon. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shop, etc.). The site is currently vacant and unpaved with no defined drainage pattern. The proposed site shall be paved with an impermeable surface that meets City of Vernon standards. The proposed site will be supported by a sixty-six stall surface parking lot and two truck parking/loading stalls. Since the proposed building is less then 12,000 square feet of gross floor area, the applicant is entitled to request an exception to the development standards for truck parking and loading. City staff has determined that the proposed site and development of the property is consistent with the applicable development standards. Therefore, all parking activities will be maintained on -site within the premises and will supply adequate parking and loading off -site for the proposed development. More specifically, pursuant to Section 26.4.2-9(a), for a lot with a building or buildings totaling 12,000 square feet of gross floor area or less, exceptions in accordance with the following standards may be granted upon request of the property owner for the size of truck parking and loading spaces and maneuvering space as set forth in Section 26.4.2-8(c) and (e), subject to recording a covenant by the property owner which restricts the length of trucks entering the property and, if applicable, which restricts the use of the property. The height and width requirements for truck parking and loading are the same under the exception and the development standards. The Director of Community Services recommends that a request to use the optional exceptions to the development standards be granted. The development standards would be those set herein Section 26.4.2- 9(a)(ii). By use of these development standards, the proposed site will supply sufficient parking and loading on -site and will create no impact on neighboring properties and therefore is adequate for the proposed development. The proposed site is of adequate size, shape and topography for the proposed operation and will have an on -site drainage system. An onsite catch basin will be constructed and connected to a flood control box conduit. 3. ADVERSE EFFECT Since the proposed project is in the M- Zone, the permitted uses in the surrounding and adjacent property are general industry and retail and commercial uses. In fact, the proposed use is surrounded by properties with industrial, commercial and warehousing uses that are compatible. An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA). No potentially significant impacts are expected to result from the project. The Director of Community Services & Water has recommended that a Notice of Intent be filed, and a Mitigated Negative Declaration be adopted in compliance with the California Environmental Quality Act ("CEQA"), which identifies potentially significant impacts on the environment from the project. Additionally, the initial study found no adverse impact from dust, odors, smoke, light or glare. Certain measures can be taken to the proposed project that will avoid the effects or mitigate the effects to a level where no significant effect will occur. Therefore, a mitigation -monitoring program has been proposed 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. These mitigation measures would be conditions that each occupant of the Center would have to abide by in order to obtain and keep a conditional use permit in place. 4. ACCESS There are two driveways that access the site, one located on Soto Street and the other on Bandini Boulevard. Trucks and automobiles accessing the site will share these driveways. Bandini Boulevard is 100 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. Soto Street is 88 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. A traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection. The analysis was conducted both for the morning and evening peak periods. According to the study, it was found that, traffic operations in the area will not be adversely effected by the moderate increase in traffic volumes generated by the proposed project. Motorists using the surrounding street system will not experience major changes in traffic operations due the traffic generated by the proposed development. The study found that the change in Level of Service ("LOS") will not increase to a level of significance at the intersections studied. The City will require the developer to install a raised median in Bandini Boulevard from Soto Street to the Los Angeles River to prevent left turn conflicts into the site with the thru lanes on Bandini Boulevard. The median shall be constructed according to the City's standards, specifications, and to its satisfaction. 5. VEHICLE MOVEMENTS The retail/restaurant facilities are expected to generate more than 100 vehicle trips on a typical weekday. Most of the vehicular traffic at the retail/restaurant facility will occur around the noon hour. Trucks that will deliver/pick-up product and supplies to the proposed site will occur during the early morning hour. Peak traffic hours for the streets in the vicinity occur in the early morning and late afternoon. The restaurant's heavy traffic periods will not coincide with the peak hours of street traffic. The traffic study showed that there would not be any significant impacts to the operation of the neighboring intersections. Therefore, the proposed use will not cause a significant traffic impact. 6. OPERATIONS The proposed project is for an 11,411 square foot commercial center comprised of three on story buildings. It is anticipated that up to 10,411 square feet of the center will be for restaurant use with the remainder being retail uses (i.e. bookstore, dry cleaner, gift shops, etc.). Deliveries will be by hand truck directly from the parking lot truck spaces through the front door. The center will operate from 7:00 a.m. to 11:00 p.m. The retail uses will have approximately 10 employees and the restaurant uses will have approximately 25 employees. 7. STATE OR FEDERAL CONDITIONS All Federal, State, and local regulatory permits shall be obtained as required for the operation. 8. CONDITIONS It is recommended that the following conditions be set on the permit. These conditions are deemed necessary to 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 including any required fees or taxes as adopted by the City of Vernon. b. All parking and loading areas necessary for Berdan Holdings operations shall be striped in an acceptable manner to the Director of Community Services & Water. C. Prior to occupancy, each tenant of the Berdan Holdings shall obtain a sales tax permit from the State Board of Equalization bearing the City of Vernon Tax number and a City of Vernon business license. d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. Health permits such as hazardous materials permits may also be required for each business depending on chemical types and quantities stored or used at each business. Adequate storage space for all hazardous materials shall be provided. e. The facility shall be operated in a manner, which will not impede traffic on Soto Street or Bandini Boulevard/37th Street. f. All required frontage improvements shall be constructed and all existing cracked sidewalk, curb and gutter adjacent to the site on Soto Street and Bandini Boulevard shall be repaired and maintained to meet City Standards. g. The developer shall reconstruct the sidewalk so that the property line radius is (521) feet on the northeast corner of 37th Street and Soto Street. The property owner shall dedicate to the City the necessary property required to create the curb return on northeast corner. h. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of this conditional use permit application. i. Adequate trash receptacles shall be provided on the site to keep litter to a minimum. All Berdan Holdings litter blown or dropped on adjacent properties shall be retrieved and disposed of daily. j. Any expansion or change in use shall be approved by the City Council. k. The parking, driveway access and landscaping shall be developed in accordance with the site plan, which was submitted with this application and approved by the Director of Community Services. No changes shall be made in the site development except with the prior approval of the Director of Community Services. 1. All food preparation and storage equipment shall be within the restaurant and shall be National Sanitation Foundation (NSF) approved or it's equivalent and approved by the Health Department prior to installation and use. M. The restaurant shall comply with all requirements of the California Uniform Retail Food Facilities Law (CURFFL). Adequate areas for proper food storage, employee restrooms, equipment and storage must be provided. n. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. o. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. p. 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. q. If the United States Army Corps of Engineering or any other Government agency request removal of parking stalls within their easement, the property owner shall be required to comply with the City of Vernon parking requirements by reducing the building square footage. r. The property owner shall obtain a permit from the Los Angeles County Public Works Construction Division, Permits and Subdivision, to construct over and/or adjacent to all Los Angeles County Flood Control Easements within the subject property prior to construction. S. The owner shall install two (2) fire hydrants one on each driveway entrance. t. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 25 feet in length, that any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. U. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size requirement. V. The owner shall post a sign with a minimum 3" type adjacent to each driveway entrance that states "Maximum Length vehicles allowed in this site is 25 feet in length. All violations are subject to a fine not to exceed $500.00" W. Each occupant of the Berdan Holdings shall abide to all conditions set on this permit. Each occupant shall indicate in writing its acceptance and agreement with these conditions prior to occupancy. 9. MITIGATING MEASURES: It is recommended that the following mitigation measures be included in as conditions for the granting of the permit to adequately protect the public health, safety and general welfare: a. All on -site construction or improvements shall be in compliance with the 1997 Building Codes (Building, Fire, Mechanical, Plumbing and Electrical). The proponent shall obtain all necessary building, fire, mechanical, plumbing, and electrical permits from the City of Vernon Community Services Department. b. All washing/steam cleaning of equipment and accessories areas shall be self-contained and equipped with a grease trap, and properly connected to a sanitary sewer. All wash areas located outdoors, must be covered, paved, have secondary containment, and be connected to the sanitary sewer. C. All parking and maneuvering areas shall be paved and maintained with a hard, durable surface. d. The proponent shall submit a Notice of Intent to the California Regional Water Quality Control Board (CRWQCB) to address National Pollutant Discharge Elimination System (NPDES) requirements regarding storm water runoff. Prior to issuance of construction permits the owner shall provide compliance with the Development Planning Program Requirements as established by NPDES permit No. CAS084861 issued by the California Regional Water Quality Control Board of the Los Angeles Region and also record a covenant for the maintenance for any required structural and treatment control Best Management Practices. A copy of the Storm Water Pollution Prevention Plan (SWPPP) as required under the NPDES permit shall be submitted to the Environmental Health Department for review. e. All vehicles and heavy equipment operated at the facility shall be tuned and maintained in accordance with applicable emission standards. f. A litter control program shall be implemented to maintain the facility in a safe, sanitary and attractive condition for the life of the project. g. The owner shall design and construct a raised median to City of Vernon standards and specifications on Bandini Boulevard from approximately Soto Street east to the Los Angeles River and on Soto Street from approximately Bandini Boulevard to the Los Angeles River. The medians shall be constructed to the City's satisfaction. CITY ADMINISTRATOR/CITY CLERK'S INTER -OFFICE MEMORANDUM DATE: October 2, 2002 TO: Kevin Wilson, Director of Community Services and Water FROM: Nelly Giron Assistant to the Chief Deputy City Clerk RE: Resolution No. 8061 Transmitted herewith is a copy of Resolution No. 8061, Granting a Conditional Use Permit for Berdan Holdings to Operate a Retail/Commercial Restaurant Facility Located at 3600 Soto Street, approved on September 18, 2002. :gm CC: Resolution No. 8061 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem as WM. "BILL" DAVIS •r Councilman / H. "LARRY" GONZALES' Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: Dho. i ,Q1 EDUARDO OLIVO (�J�City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 4 716V KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 �1GO"nn�� STEVEN E. PARKER W Fire Chief FAX: (323) 826-1407 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 September 11, 2002 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Berdan Holdings has applied for a conditional use permit to construct and operate a commercial retail facility located at 3660 Soto 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: i. 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, Notice of Intent. 4. Environmental Checklist Form and Initial Study. 5. Proposed Mitigated Negative Declaration. The project is consistent with the City of Vernon Comprehensive Zoning Ordinance and the City of Vernon 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. Honorable City Council Page 2 September 11, 2002 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. Further, it is recommended that the conditional use permit be granted subject to the following conditions and mitigating measures 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 as adopted by the City of Vernon. b. All parking and loading areas necessary for Berdan Holdings operations shall be striped in an acceptable manner to the Director of Community Services & Water. c. Prior to occupancy, each tenant of the Berdan Holdings shall obtain a sales tax permit from the State Board of Equalization bearing the City of Vernon Tax number and a City of Vernon business license. d. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. e. The facility shall be operated in a manner, which will not impede traffic on Soto Street or Bandini Boulevard/37th Street. f. All required frontage improvements shall be constructed and all existing cracked sidewalk, curb and gutter adjacent to the site on Soto Street and Bandini Boulevard shall be repaired and maintained to meet City Standards. g. The developer shall reconstruct the sidewalk so that the property line radius is (52') feet on the northeast corner of 37th Street and Soto Street. The property owner shall dedicate to the City the necessary property required to create the curb return on northeast corner. h. The project site shall be constructed and maintained substantially in compliance with the site plan submitted as part of this conditional use permit application. i. Adequate trash receptacles shall be provided on the site to keep litter to a minimum. All Berdan Holdings litter blown or dropped on adjacent properties shall be retrieved and disposed of daily. j. Any expansion or change in use shall be approved by the City Council. k. The parking, driveway access and landscaping shall be developed in accordance with the site plan, which was submitted with this application and approved by the Director of Community Services. No changes shall be made in the site development except with the prior approval of the Director of Community Services. Honorable City Council Page 3 September 11, 2002 1. All food preparation and storage equipment shall be within the restaurant and shall be National Sanitation Foundation (NSF) approved or it's equivalent and approved by the Health Department prior to installation and use. Adequate storage shall be provided for the storage and use of chemicals for businesses requiring a hazardous material permit. m. The restaurant shall comply with all requirements of the California Uniform Retail Food Facilities Law (CURFFL). n. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. o. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. p. 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. q. If the United States Army Corps of Engineering or any other Government agency request removal of parking stalls within their easement, the property owner shall be required to comply with the City of Vernon parking requirements by reducing the building square footage. r. The property owner shall obtain a permit from Los Angeles County Public Works Construction Division, Permits and Subdivision, to construct over and or to adjacent all Los Angeles County Flood Control Easements in the property prior to the commencement of construction. s. The owner shall install two (2) fire hydrants one adjacent to each driveway entrance. t. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks entering the site are limited to a maximum of 25 feet in length, that any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. u. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size requirement. v. The owner shall post a sign with a minimum 3" type adjacent to each driveway entrance that states "Maximum Length vehicles allowed in this site is 25 feet in length. All violations are subject to a fine not to exceed $500.00". w. Each occupant of the Berdan Holdings shall abide to all conditions set on this permit. Each occupant shall indicate in writing its acceptance and agreement with these conditions prior to occupancy. Honorable City Council Page 4 September 11, 2002 MITIGATING MEASURES: a. All on -site construction or improvements shall be in compliance with the City's Building Codes. The proponent shall obtain all necessary building, fire, mechanical, plumbing, and electrical permits from the City of Vernon Community Services Department. b. All washing/steam cleaning of equipment and accessories areas shall be self- contained and equipped with a grease trap, and properly connected to a sanitary sewer. All wash areas located outdoors, must be covered, paved, have secondary containment, and be connected to the sanitary sewer. C. All parking and maneuvering areas shall be paved and maintained with a hard, durable surface. d. The proponent shall submit a Notice of Intent to the California Regional Water Quality Control Board (CRWQCB) to address National Pollutant Discharge Elimination System (NPDES) requirements regarding storm water runoff. Prior to issuance construction permits the owner shall provide compliance with the Development Planning Program Requirements as established by NPDES permit No. CAS084861 issued by the California Regional Water Quality Control Board of the Los Angeles Region. And record a covenant for the maintenance for any required structural and treatment control Best Management Practices. A copy of the Storm Water Pollution Prevention Plan (SWPPP) as required under the NPDES permit shall be submitted to the City for review and approval. e. All vehicles and heavy equipment operated at the facility shall be tuned and maintained in accordance with applicable emission standards. f. A litter control program shall be implemented to maintain the facility in a safe, sanitary and attractive condition for the life of the project. g. The owner shall design and construct a raised median to City of Vernon standards and specifications in Bandini Boulevard from Soto Street East to the Los Angeles River. The median shall be constructed to the City's satisfaction. Respeclly submitted, uel"Kevin Nilson P.E. Director of Community Services & Water SKW/sc cc: City Attorney Enclosures