Loading...
Resolution No. 85691 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 8569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A CONDITIONAL USE PERMIT TO NUMARK TRANSPORTATION CO., INC. FOR THE OPERATION OF AN EXISTING FREIGHT AND TRUCK TERMINAL AT 2065 ROSS STREET WHEREAS, NuMark Transportation Co., Inc. ("NuMark Transportation") has applied for a conditional use permit to operate a freight and truck terminal at 2065 Ross Street in the City of Vernon; and WHEREAS, the City Council of the City of Vernon held a hearing on said application for a conditional use permit or. November 17, 2004; and WHEREAS, the City of Vernon General Plan designates the General Industry (M) Zone for manufacturing and warehousing; and WHEREAS, use of a site as a freight and truck terminal is a non -conforming use in the M-Zone; and WHEREAS, NuMark Transportation intends to use the proposes site as a freight and truck terminal; and WHEREAS, the proposed site was previously used by Unites Cargo Logistics as a freight and truck terminal; and WHEREAS, the legal non -conforming use of a pre-existinc terminal may be continued provided that buildings, structures, and uses are not expanded, extended, and/or altered as specifies in Section 26.4.E-1; and WHEREAS, Section 26.5.2-11, Existing Uses, of t Comprehensive Zoning Ordinance states that the issuance of a n occupancy permit shall require a conditional use permit in ord for NuMark Transportation to continue the use as a freight a -1- 1 truck terminal; and 2 WHEREAS, NuMark Transportation has indicated that it has 3 not and does not propose to perform any structural alterations 4 to its facility which would require it to come into compliance 5 with the requirements of the current Comprehensive Zoning 6 Ordinance; and 7 WHEREAS, the proposed operation will include the hauling 8 and temporary storage of general products; and 9 WHEREAS, the proposed site is approximately 1.7 acres in 10 size, and is adequate in size, shape and topography for the 11 proposed operation and has adequate drainage; and 12 WHEREAS, the proposed site is surrounded by industrial uses 13 compatible with the proposed use and no adverse effects from 14 traffic, parking, noise, odors, dust, smoke, light or glare, or 15 risk of fire, infection or explosion is anticipated from the 16 proposed operation; and 17 WHEREAS, the majority of outbound trips will take Ross 18 Street to Alameda Street traveling North to the 10 Freeway and 19 vice versa for inbound traffic; and 20 WHEREAS, the streets to be used by the applicant are 21 sufficient to handle the traffic generated from the proposed 22 operations; and 23 WHEREAS, the proposed operation will generate 40 vehicle 24 movements, including employee vehicles, out of the site daily; 25 and 26 WHEREAS, the proposed operation will not generate more 27 traffic trips than have been generated historically at the site 28 and there will be no traffic impact; and -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s WHEREAS, the site, as proposed, has ample room on -site to provide adequate off-street parking and loading facilities as required by the Vernon City Code; and WHEREAS, the conditions imposed on the conditional use permit will adequately protect the public health, safety and general welfare and the operation is consistent with all applicable rules and laws of the City of Vernon; and WHEREAS, the proposed use, as to location, operation and design is allowed to continue until January 1, 2029 in the M- Zone in accordance with Zoning Ordinance of the City of Vernon, therefore is consistent with the General Plan; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act as an existing facility pursuant to Section 15301 of the California Environmental Quality Act Guidelines and a Notice of Exemption will be prepared and filed with the County Clerk; and WHEREAS, the City Council has received a Staff Report, dated on November 2, 2004 upon which it has relied on making the foregoing recitals; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Subject to the conditions set forth below, the conditional use permit is hereby granted to NuMark Transportation for the operation of a freight and truck terminal at 2065 Ross Street. -3- 1 SECTION 3: In order to adequately protect the public health 2 and general welfare the following conditions are required: 3 a. The facility shall be operated in accordance with, and 4 made to conform with all current codes, rules, and regulations 5 and subject to permit fees as adopted by the City of Vernon not 6 otherwise addressed by this grant of a conditional use permit. 7 All trucking operations, including truck and trailer parking, 8 shall be limited to the lot located at 2065 Ross Street in the 9 City of Vernon. 10 b. All required federal, state, local and regulatory 11 agency permits shall be obtained prior to operation. Prior to 12 occupancy a business license and occupancy permit shall be 13 obtained. 14 c. Any extensions, change in use, change in ownership 15 interest, and/or the issuance of a new occupancy permit shall 16 require a new conditional use permit. 17 d. All parking and loading facilities shall be paved with 18 a hard durable surface material and shall be adequately drained, 19 and kept free of dust, mud, trash and weeds. Where parking or 20 maneuvering areas adjoin the public street a barrier wall or 21 landscaping shall be installed and maintained to meet City 22 standards. Adequate on -site parking shall be maintained so that 23 no on -street parking will occur. 24 e. The facility shall be operated in a manner that will 25 prevent unsanitary conditions, odors or other nuisances. The 26 property shall be provided with adequate refuse containers and 27 refuse disposal services. Collection service shall be by a City 28 of Vernon franchised solid waste hauler. -4- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. g. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises without prior approval from the Department of Community Services and Health Department. No inoperative vehicles shall be stored on -site. All vehicles operated at the facility shall be tuned and maintained in accordance with applicable emission standards. h. No equipment or freight shall be stored on the site other than in buildings, trailers or on the docks (outside storage is prohibited). i. In accordance with National Pollutant Discharge Elimination System permit regulations, NuMark Transportation shall submit a Notice of Intent to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan shall be prepared and implemented. j. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. k. A Hazardous Materials Inventory permit shall be obtained from the City of Vernon Health Department. 1. No food products shall be handled and/or stored, unless a Food Warehouse permit is obtained from the City of Vernon Health Department. -5- 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s The facility shall be operated in a manner that will not impede traffic on Ross Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking shall take place on the public street. n. All existing cracked sidewalk, driveways, curb and gutter adjacent to the site on Ross Street shall be repaired and maintained to meet City standards. o. This Conditional Use Permit (CUP) shall become void on January 1, 2029 in accordance with Section 26.4.6-3 of the Vernon Municipal Code or when NuMark Transportation no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Upon the permit becoming void, NuMark Transportation shall vacate the site. SECTION 4: NuMark Transportation and any successors in interest shall indemnify, hold harmless, and defend the City of Vernon, its officers, agents, and employees from and against any and all claims, complaints, or petitions for: (1) general and/or special damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim resulting from the sole negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; or (3) legal expenses and attorney's fees incurred by the City of Vernon on behalf of any party in such actions or proceedings. The City of Vernon does not waive its right to participate in the defense of any such action. -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 SECTION 5: Not later than sixty (60) days from the date of this Resolution, NuMark Transportation shall indicate, in writing, its acceptance of and agreement with the conditions contained in Section 3 of this Resolution and the indemnification provision contained in Section 4 of the Resolution. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 17th day of November, 2004. i Leonis C. Malburg, Mayor ATTES BRUCE V. MALKENHORST, City Clerk -7- 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. 8569 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, November 17, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) -8- SUPPORTING DOCUMENTS 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 Chief Executive Officer of Light & Power FAX: (323) 826-1438 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: CITY HALL IIZIC T. FRESCH City Attorney l FAX: (323) 826-1439 J � V i)Wy KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 STEVEN E. PARKER :�,� g-� Fire Chief n ,,•tjt / X: (323) 826-1407 v161J` SOL BENUDIZ Police Chief FAX: (323) 826-1481 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 9, 2004 LEWIS J. POZZEBON Director of Environmental Health FAX: (323) 588-4320 NuMark Transportation Co., Inc. (hereinafter referred to as "NuMark Transportation") has submitted an application for a conditional use permit to operate an existing truck and freight terminal at 2065 Ross Street. The proposed operation will include the hauling and temporary storage of general products, which provides worldwide pick-up and delivery services of a wide range of items. The facility's operating hours will be 5:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has not proposed any changes to the size, shape or topography of the existing site. After review of the application by the Community Services Department, it is recommended that the conditional use permit be granted. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon. Honorable City Council -2- November 9, 2004 Therefore, it is recommended that the City Council determine: That the project is consistent with the General Plan as adopted by the City of Vernon. 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: 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 not otherwise addressed by this grant of a conditional use permit. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2065 Ross Street in the City of Vernon. b. 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. C. Any extensions, change in use, change in ownership interest, and/or the issuance of a new occupancy permit shall require a new conditional use permit. d. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that no on -street parking will occur. e. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal services. Collection service shall be by a City of Vernon franchised solid waste hauler. f. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. g. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises without prior approval from the Department of Community Services and Health Department. No inoperative vehicles shall be stored on -site. All vehicles operated at the facility shall be tuned and maintained in accordance with applicable emission standards. h. No equipment or freight shall be stored on the site other than in buildings, trailers or on the docks (outside storage is prohibited). i. In accordance with National Pollutant Discharge Elimination System permit regulations, NuMark Transportation shall submit a Notice of Intent to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan shall be prepared and implemented. Honorable City Council -3- November 9, 2004 j . Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. k. A Hazardous Materials Inventory permit shall be obtained from the City of Vernon Health Department. 1. No food products shall be handled and/or stored, unless a Food Warehouse permit is obtained from the City of Vernon Health Department. M. The facility shall be operated in a manner that will not impede traffic on Ross Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking shall take place on the public street. n. All existing cracked sidewalk, driveways, curb and gutter adjacent to the site on Ross Street shall be repaired and maintained to meet City standards. o. This Conditional Use Permit (CUP) shall become void on January 1, 2029 in accordance with Section 26.4.6-3 of the Vernon Municipal Code or when NuMark Transportation no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Upon the permit becoming void, NuMark Transportation shall vacate the site. Z.E. Director of Community Services & Water SKW:sc Attachments cc: City Attorney SUPPORTING DOCUMENTS CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON NUMARK TRANSPORTATION CO., INC. CONDITIONAL USE PERMIT TO OPERATE AN EXISTING FREIGHT AND TRUCK TERMINAL AT 2065 ROSS STREET November 2, 2004 NuMark Transportation Co., Inc. (hereinafter referred to as "NuMark Transportation") has submitted an application for a conditional use permit to operate a freight and truck terminal at 2065 Ross Street. United Cargo Logistics, Inc. previously occupied this site as a freight and truck terminal. The proposed operation will include the hauling and temporary storage of general products, and provide pick-up and delivery services of a wide range of items. The facility's operating hours will be 5:00 a.m. to 6:00 p.m., Monday through Friday. 1. GENERAL PLAN The proposed use is a legal non- conforming use in the General Industrial, M-Zone. The site was previously used by United Cargo Logistics as a freight and truck terminal. NuMark Transportation intends to use the proposed site as a freight and truck terminal. The General Plan designates the General Industrial Zone for manufacturing, warehousing, assembly and wholesale uses. A freight and truck terminal is a non- conforming use in the M-Zone. However, because it is a pre- existing freight and truck terminal, the non -conforming use may be continued provided that it shall not be expanded, extended, and/or altered as specified in Section 26.4.6-1 of the Vernon Municipal Code. Section 26.5.2-11, Existing Uses, of the Code -1- states that permitted uses, subject to a conditional use permit may continue without securing such a permit, however any extension or expansion of such a use or the issuance of a new occupancy permit shall require a conditional use permit. In accordance with Section 24.11 of the Code, NuMark Transportation is required to obtain an occupancy permit and therefore a conditional use permit is required. 2. SITE The proposed lot is approximately 1.7 acres. The applicant proposes to occupy a portion of an 11,400 square foot building that is situated on the property. The site located at 2065 Ross Street will have three tenants that will share the 11,400 square foot building. NuMark Transportation will be one of the three tenants at the proposed site and will occupy approximately 800 square feet. This building was previously occupied and operated by United Cargo Logistics, Inc. The applicant will not be undertaking any changes to the structure of the building. Nor has the applicant proposed any changes to the size, shape or topography of the existing site. The site plans for the proposed operation indicates the site is adequate in size, shape, topography, including drainage and landscaping. 3. ADVERSE EFFECT No potentially significant impacts are expected to result from traffic, parking, noise, odor, dust, smoke, light or glare, or risk of fire, infection or explosion from the project. The project is categorically exempt under Section 15301 of the California Environmental Quality Act because it is an existing facility with no expansion of use. A Notice of -2- Exemption will be prepared and filed with the County Clerk. The proposed site is surrounded by industrial uses compatible with the propose use. The proposed use is also the same as the past use of this site. 4. ACCESS The site has access to Ross Street, which is 60 feet wide. The street is of adequate size to handle the traffic generated from the proposed operation. 5. VEHICLE MOVEMENTS NuMark Transportation will operate approximately five tractors out of the facility. Traffic to and from the site will primarily stem from the movements of five tractors. These tractors will be dispatched at different times throughout the day between the hours of 5:00 a.m. and 6:00 p.m. Tractors will exit the facility on the southerly side of the property located at 2065 Ross Street. The bulk of vehicles will arrive primarily from Alameda Street to Ross Street. In addition to the trucks there will be approximately 6 automobile trips into and out of the facility daily. The majority of inbound and outbound trips will take Ross Street to Alameda Street traveling North to the 10 Freeway on outbound traffic and vice versa for inbound traffic. 6. OPERATIONS NuMark Transportation will use the facility to operate a freight and truck terminal. As previously mentioned, the proposed operation will include the hauling and temporary storage of general products, and provide pick-up and delivery services of a wide range of items. After the drivers arrive at their destination they will drop off the merchandise/freight. -3- Drivers will then return to the site and wait to be dispatched again. All merchandise that is stored and transferred by NuMark Transportation are manufactured finished goods. The 2065 Ross Street facility will be in operation 5 days a week, 5:00 a.m. to 6:00 p.m. There will be one (1) dispatcher/coordinator on duty at all times so that the gate can remain open at all times. The facility will also include office clerk, a warehouse supervisor, and warehouse clerks. The site will be provided with lighting for security purposes. 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 to adequately protect the public interests: 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 not otherwise addressed by this grant of a conditional use permit. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2065 Ross Street in the City of Vernon. b. 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. -4- C. Any extension, change in use, change in ownership interest, and/or the issuance of a new occupancy permit shall require a new conditional use permit. d. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that no on -street parking will occur. e. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal services. Collection service shall be performed by a City of Vernon franchised solid waste hauler. f. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. g. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises without prior approval from the Department of Community Services and Health Department. No inoperative vehicles shall be stored on -site. All vehicles operated at the facility shall be tuned and maintained in accordance with applicable emission standards. -5- h. No equipment or freight shall be stored on the site other than in buildings, trailers, or on the docks (outside storage is prohibited). i. In accordance with National Pollutant Discharge Elimination System permit regulations, NuMark Transportation shall submit a Notice of Intent to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan shall be prepared and implemented. j. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. k. A Hazardous Materials Inventory permit shall be obtained from the City of Vernon Health Department. 1. No food products shall be handled and/or stored, unless a Food Warehouse permit is obtained from the City of Vernon Health Department. M. The facility shall be operated in a manner that will not impede traffic on Ross Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking shall take place on the public street. n. All existing cracked sidewalk, driveways, curb and gutter adjacent to the site on Ross Street shall be repaired and maintained to meet City standards. o. This Conditional Use Permit (CUP) shall become void on January 1, 2029 in accordance with Section 26.4.6-3 of the Vernon Municipal Code or when NuMark Transportation no longer is conducting business as a freight and truck terminal at the subject site, whichever occurs first. Upon the permit becoming void, NuMark Transportation shall vacate the site. -7- SUPPORTING DOCUMENTS 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, November 17, 2004 at 5:00 p.m. Applicant: NuMark Transportation Co., Inc. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a conditional use permit to allow the applicant to operate an existing freight and trucking terminal. Property Involved: 2065 Ross 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. BRUCE V. MALKENHORST City Administrator/City Clerk 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 4"' day of November, 2004, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on November 17, 2004, (see attached copy) regarding a condition use permit for NuMark Transportation Co., Inc. to continue operating an existing freight and truck terminal at 2065 Ross 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. --I Date: Sergio CYnales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On N0qQ'Y1 t1 q% before me, ��p C t QA f , Notary Public, personally appeared Sergio Canales, personally known to me (o'- Iffiew-H to me en th-e basis of satisfaetefy evidenee) 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 l t 1 AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Engineering Aide. 2. That on November 4, 2004 I mailed a copy of Notice of Public Hearing to be held on November 17, 2004 along with the attached letter regarding a condition use permit for NuMark Transportation Co., Inc. to continue operating an existing freight and truck terminal at 2065 Ross Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. Date: 11 /4/04 Sign: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On �6 !°Mbr-(" 1- ,2 before me, (.001..c� ��kC-(A G! ,Notary Public, personally appeared Sergio Canales, personally known to me (or- known to me en the basis of satisf ter- , evidence) 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 � GLORIA MOLLEDA Commission # 1480313 Notary Public - California Los Angeles County 4MV Comm. Expires Apr 2.2008 gz� of VP `l c . ■.y �OJ 0 X P s ��rfLY INOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator j� FROM: Samuel Kevin Wilso%, Director of Community Services & Water DATE: November 4, 2004 SUBJECT: Conditional Use Permit — NuMark Transportation Co., Inc. located at 2065 Ross Street NuMark Transportation Co., Inc. has submitted an application for a conditional use permit to operate an existing freight and truck terminal at 2065 Ross Street. The proposed operation will include the hauling and temporary storage of general products, which provides pick-up and delivery services of a wide range of items. The facility's operating hours will be 5:00 a.m. to 6:00 p.m., Monday through Friday. The proposed site is located in the M-Zone, General Industrial. The applicant has not proposed any changes to the size, shape or topography of the existing site. The site plans for the proposed operation indicates the site is adequate in size, shape, topography, including drainage and landscaping for the intended use. The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. It is recommended that a public hearing for this conditional use permit be held on November 17, 2004 SKW:sc SUPPORTING DOCUMENTS `j "} b t 4h 08— 2—r.004 1 •.;.:-47 Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 CONDITIONAL USE PERMIT APPLICATION PLEASE PRINT OR TYPE Name of Applicant (Print or Type Name o Business) Site Address Zip Code Nu Mark Transportation, Co Xf-111C. 2065 Ross Street 90058 Contact Person Telephone Number Fax1Tu—mTF--- Rodneyfiulkneififi9�}( B t, s!� 2S -S'fK (559) 458-0866 Signature a tame Date v _. Project Title: Exis ' g freight and truck terminal at 2065 Ross Street Purpose of Conditional Use Permit Application: To continue an existing use of a freight and truck terminal at 2065 Ross Street Name o Property owner Address Zip Code L.A. By Products 4050 Katella Avenue Los Alamitos, CA 900720 Telephone Number Fax Number (562)431-3090 (562)431-5140 Signature Date Name of Applicant's Representative or Contact Person erent than a ve) Address Zip Cod Relation to Applicant ❑ Engineer Arclutect Attorney Realtor Is this person authod—zed to sign or a owner (Circle One El Yes 11 No Telephone Number Fax Number Signature to be Notarize Date Assessor Parcel No. - - Stamp receipt of application fee below Zone CEQA Exempt Section Page 1 of 7 1. Site size. 1.7 acres 70,132 lot area 2. Square footage of each building (including any covered structures or canopies). Office-1,600 sq. ft., Warehouse-8,000 sq. ft., Shop-1,800sq. ft.=11,400 sq. ft. of building area 3. Number of floors of construction. 2-floors of office, warehouse, and shop area 4. Amount of off-street parking and loading provided: a. Number of automobile parking spaces As built - (20) b. Number of truck parking spaces As built — (14) c. Number of truck loading spaces As built — (40) 5. Proposed scheduling. As soon as CUP is approved. 6. Associated projects. None 7. Anticipated incremental development (additional phases). None 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). None 9. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities (on attached sheet). None 10. If industrial, indicate type, estimated employment per shift, and loading facilities (on attached sheet). There will be one (1) office clerk, one (1) forklift driver, and four (4) drivers 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). None Page 2 of 7 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. The lot is of adequate size and shape for the proposed operation. The topography, drainage, and landscaping are all existing and the lot has been previously used for a trucking operation/related use. 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. Since the site has previously been used for trucking, there will be no significant adverse effects on the surrounding properties. Traffic, parking, and effects are similar to the surrounding area. C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. The proposed use is compatible with the permitted uses and 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. The proposed site has sufficient access to streets and highways and are adequate in width and pavement for the propose use and operation. E) The site has adequate off-street parking and loading facilities. The proposed site has adequate on -site 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. The proposed use is a legally non -conforming use in the General Industrial, M Zone. The site was previously used as a freight and truck terminal. And will continue to be used as the previous use. Therefore, the proposed use is a grand fathered -use with a conditional use permit. Page 3 of 7 Date Filed: 8-12-2004 General Information: 1. Name and address of developer or project sponsor: NuMark Transportation, Co. 14112 Arbor Place Cerritos CA 90703 2. Address of project: 2065 Ross Street, Vernon, CA 90058 Assessor's Block and Lot Number: 6302-011-014 3. Name, address, and telephone number of person to be contracted concerning this project: Rodney Faulkner NuMark Transportation, Co. 14112 Arbor Place Cerritos CA 90703 4. Indicate number of the permit application for the project to which this form pertains: N/A 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: Certificate of Occupancy and permits to accomplish any requirements 6. Existing zoning district: M-Zone General Industrial 7. Proposed use of site (Project for which this form is filed): Freight & Truck terminal Project Description: 8. Site Size: 1.7 acres 9. Square footage: 11,400 sq. ft of building 10. Number of floors of construction: 2 floors of office area Page 5 of 7 11. Amount of off-street parking provided: (40) truck parkings (20) auto parkings 12. Attach plans: Site Plan 13. Proposed scheduling: As soon as the CUP is approved. 14. Associated projects: None 15. Anticipated incremental development: None 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents and type of household size expected. N/A 17. If commercial, indicate the type, whether neighboring, city or regionally oriented square footage of sales area, and loading facilities. N/A 18. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 20. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required. The project requires a conditional use permit because the proposed use is a trucking operation, which is a grand fathered use, and it is required by the Comprehensive Zoning Ordinance of the City of Vernon. 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 NO 0 kn 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. ❑ (*f L 22. Change in scenic views or vistas from existing residential areas or public lands or roads. ❑ , 23. Change in pattern, scale or character of general area of project. ❑ 24. Significant amounts of solid waste or litter. ❑f 25. Change in dust, ash, smoke, fumes or odors in vicinity. ❑ rK 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. ❑ 27. Substantial change in existing noise or vibration levels in the vicinity. 0 28. Site on filled land or on slope of 10 percent or more. ❑f 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. ❑ 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) ❑ 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) ❑ 32. Relationship to a larger project or series of projects. Environmental Settine 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 here ertify that the statements furnished above and in the attached exhibits present the data and of rmation required for this initial evaluation to the best of my ability, and that the facts, state s, and ' format' n presented are true and correct to the best of my knowledge and belief. � 'y/ y (Signature) Date Page 7 of 7 Environmental Setting 33. The project site has historically been used for trucking purposes. The site is typical of Vernon, with level topography and stable soil. The site is paved and surrounded by a chain link fence. There are no plants or animals and no cultural, historic or scenic aspects of the property. In addition, there is no existing structure on the property. 34. The surrounding properties are also typical of Vernon and consist of industrial and commercial uses. There is only minimal landscaping and no animals. There are no cultural, historical or scenic aspects to the area Operations Report The site at 2065 Ross Street will be used as a less than truckload dock (operation). The portion we will occupy will be 200 square feet of office and 600 square feet of offiee* Our operation will not include any portion of the garage area on the property. Freight will move in from Northern California and processed across the dock for delivery into LA and Orange Counties. The dock will not be used as storage only for the movement of freight. Our hours of operation will be from 5A to 6PM with one dockworker, one operations manager and 3 drivers. Our freight processed each day will be one trailer (53') inbound and one outbound trailer daily (53'.) We don't expect to hinder or disrupt any other businesses adjoining or surrounding our facility. Traffic Report Traffic to and from the site at 2065 Ross Street will be tractors with trailers of either 28' or 53'. There will be about 4-5 trucks entering and exiting the facility on a daily basis. The hours of operation will be from 5AM to 6PM. The trailers inbound will arrive at about 5AM the freight will then be sorted and 3-4 deliver trucks will leave the site for deliveries throughout Los Angeles and Orange Counties. On a typical day they will return between 4-5PM and be parked until the next day. Our route to and from the interstate will be Ross St. West, North on Alameda Ave. and enter on to Interstate 10 either east or westbound. Hazardous Materials At the 2065 Ross Street address no hazardous materials will be used, produced or stored. Hazardous materials will be taken from one trailer and put into another trailer for delivery purposes. The materials handled through facility will be Class 3 and Class 8 materials. They are flammable liquid and corrosive respectively. Please see traffic report for in and outbound movement of hazardous materials and other non hazardous products. As a percentage of the business handled at the facility hazardous material will equate to less than 1 percent of the shipments. —►Z M M 0 CD CD 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, November 17, 2004 at 5:00 p.m. Applicant: NuMark Transportation Co., Inc. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a conditional use permit to allow the applicant to operate an existing freight and trucking terminal. Property Involved: 2065 Ross 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. BRUCE V. MALKENHORST City Administrator/City Clerk 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 Chief Executive Officer of Light & Power FAX: (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 4, 2004 Interested parties or property owners: ERIC T. FRESCH City Attorney FAX: (323) 826-1439 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 SOL BENUDIZ Police Chief FAX: (323) 826-1481 LEWIS J. POZZEBON Director of Environmental Health FAX: (323) 5884320 Enclosed herewith for your information is a Notice of Public Hearing concerning a conditional use permit application, which has been filed with the City of Vernon. The applicant, NuMark Transportation Co., Inc. is proposing to continue the operation of an existing freight and truck terminal at 2065 Ross Street. 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 November 17, 2004 or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property owner. Very truly yours, " Samuel Kevin Wilson, P.E. Director of Community Services & Water SKW:sc Enclosure 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 4ffi day of November, 2004, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on November 17, 2004, (see attached copy) regarding a condition use permit for NuMark Transportation Co., Inc. to continue operating an existing freight and truck terminal at 2065 Ross 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: November 4.2004 Sergio CYnales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On NPq ftO Z � 9 ?Zo i ' before me, �l0 ( t CA �ak� C,� 'Notary Public, personally appeared Sergio Canales, personally known to me (or known to me on the basis „ f sat s f ,.+ery evide ee` to be the person whose name is subscribed to the within basis V 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 GLC*QK MOLLEQA Commbsion # 1480313 •r' No1wy PubNc - CO MOMM Los Angeles County My Comm. Expkea Apr 2.200d AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Engineering Aide. 2. That on November 4, 2004 I mailed a copy of Notice of Public Hearing to be held on November 17, 2004 along with the attached letter regarding a condition use permit for NuMark Transportation Co., Inc. to continue operating an existing freight and truck terminal at 2065 Ross Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. a Date: 11 /4/04 Sign: -_'04 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On 1,,t� before me, (OCLCt'kt''ca , Notary Public, personally appeared Sergio Canales, personally known to me (or- knewn to me en the basis of sum faeter-y evidonee) 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 �� GLORIA MOLLEDACommission # 14SM13 Notary Public . CoWornia Los Angeles Countlr 0My Comm. Expires Apr 2, 2008 11/22/2004 18:49 FAX 9492159240 RODNEY FAULKNER Q 001 NUMARK TRANSPORTATION f3ENQRAL OFFICESA 2307 p. FkM Awmw FrOMD, CA E3727 City Of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 RE: Conditional Use Permit 2065 Ross Street. Dear Mr. Wilson, I am in receipt of your letter dated on November 18`s in regards to the approval of our permit for use of the above stated property. We understand and will comply to the stated conditions of your letter of Section 3 and 4_ Please feel free to call me if you have any questions at 951-258-5563. S' 'e , y Fau, r Vice Presid f Sales Numark Transportation