Resolution No. 95151
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RESOLUTION NO. 9515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A CONDITIONAL USE PERMIT TO LOS
ANGELES BY PRODUCTS CO. FOR THE OPERATION OF AN
EXISTING TRUCK AND FREIGHT TERMINAL AT 2065 ROSS
STREET
WHEREAS, Los Angeles By Products Co. ("LA By Products") has
applied for a conditional use permit to operate an existing truck and
freight 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 on January 7,
12008; and
WHEREAS, the proposed site is a legal non -conforming use in
the General Industry (M) Zone which has been used previously as a truck
and freight terminal; and
WHEREAS, a conditional use permit is required under the
Zoning Ordinance in order to continue the use as a truck and freight
terminal; and
WHEREAS, the proposed operation will include the hauling and
temporary storage of general products; and
WHEREAS, the proposed site is approximately 12,000 square
feet in size, and is adequate in size, shape and topography for the
proposed operation and has adequate drainage; and
WHEREAS, the proposed site is surrounded by industrial uses
compatible with the proposed use and no adverse effects from traffic,
parking, noise, odors, dust, smoke, light or glare, or risk of fire,
infection or explosion is anticipated from the proposed operation; and
WHEREAS, the streets to be used by the applicant are
sufficient to handle the traffic generated from the proposed
I operations; and
2 WHEREAS, the proposed operation will not generate more
3 traffic trips than have been generated historically at the site and.
4 there will be no traffic impact; and
5 WHEREAS, the conditions imposed on the conditional use permit
6 will adequately protect the public health, safety and general welfare
7 and the operation is consistent with all applicable rules and laws of
8 the City of Vernon; and
9 WHEREAS, the proposed use, as to location, operation and
10 design is consistent with the General Plan and Zoning Ordinance of the
11 City of Vernon; and
12 WHEREAS, the project is categorically exempt from the
13 California Environmental Quality Act as an existing facility pursuant
14 to Section 15301 of the California Environmental Quality Act Guidelines
15 and a Notice of Exemption will be prepared and filed with the County
16 Clerk; and
17 WHEREAS, the City Council has received a Staff Report, dated
18 December 20, 2007 upon which it has relied on making the foregoing
19 recitals; and
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VERNON AS FOLLOWS:
22 SECTION 1: The City Council of the City of Vernon
23 hereby finds and determines that the recitals contained herein above
24 are true and correct.
25 SECTION 2: Subject to the conditions set forth below, the
26 conditional use permit is hereby granted to LA By Products for the
27 operation of a truck and freight terminal at 2065 Ross Street.
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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 and
5 subject to permit fees as adopted by the City of Vernon not otherwise
6 addressed by this grant of a conditional use permit.
7 b. All required federal, state, local and regulatory agency
8 permits shall be obtained prior to operation. Prior to occupancy a
9 business license and occupancy permit shall be obtained.
10 c. Any hazardous substances used, handled and/or stored shall have
11 prior approval from the Vernon Fire and Health Departments. A Health
12 Permit shall be obtained if there are reportable quantities of
13 hazardous materials on the site.
14 d. Any storage or handling of food or drinks on -site shall require
15 a Vernon Health Permit as a Food Warehouse.
16 e. In accordance with the National Pollution Discharge Elimination
17 System permit regulations, all tenants/occupants shall submit a Notice
18 of Intent to the State Water Resources Control Board, and a Storm
19 Water Pollution Prevention Plan shall be prepared and implemented.
20 f. All parking and loading facilities shall be paved and
21 maintained with an asphalt concrete or concrete surface material and
22 shall be adequately drained, and kept free of dust, mud, trash, and
23 weeds. Where parking or maneuvering areas adjoin the public street
24 prior to occupancy a barrier wall or landscaping shall be installed
25 and maintained to meet City standards. Adequate on -site parking shall
26 be maintained so that no on street parking or staging will occur.
27 g. The facility shall be operated in a manner that will prevent
28 unsanitary conditions, odors or other nuisances. The property shall be
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provided with adequate refuse containers and refuse disposal services.
h. The facility shall be operated in such manner that noise and
vibration shall nut be a nuisance to neighborhood properties. At no
time shall noise exceed the 65dba or vibration exceeds two hundredths
lof an inch per second particle velocity when measured at -the
(facilities property line. The facility shall comply with all City of
Vernon and CalOSHA noise requirements at all times.
i. The facilities buildings shall be structurally maintained to
exclude rodents and the property shall be maintained rodent free. The
(site shall maintain adequate drainage to eliminate potential mosquito
harborage.
j. Servicing of vehicles, including but not limited to, washing,
steam cleaning and repairing, shall not be permitted on the premises.
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.
k. No equipment or freight shall be stored on the site other than
in buildings, trailers, or on the docks (outside storage is
prohibited).
1. The project site shall be maintained substantially in
compliance with the site plan submitted as part of this conditional
use permit application.
m. The facility shall be operated in a manner what 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
associated with the facility shall take place offsite or on the
public street without prior approval from the Community Services
Department.
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n. The freight terminal shall not generate more than 80 truck
trips (40 inbound and 40 outbound) per day.
SECTION 4: LA By Products 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; and/or (3) legal
expenses and attorney's fees incurred by the City of Vernon on behalf
of any party in such actions or proceedings. The City of Vernon does
not waive its right to participate in the defense of any such action.
SECTION 5: Not later than sixty (60) days from the date of
this Resolution, LA By Products 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.
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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 7th day of January, 2008.
TTEST:
V�-
UELA GIRON,_City Clerk
Name: Leonis C. Malburg
Title: Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby'
certify that the foregoing Resolution, being Resolution No. 9515, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, January 7, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
i
AAN
UELA GIRON, tity Clerk
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 14, 2008
TO: Kevin Wilson, Director of Community Services & Water
FRO Nelly Giron, City Clerk
RE: Resolution No. 9515 - A Resolution of the City Council of
the City of Vernon Granting a Conditional Use Permit to Los
Angeles by Products Co. for the Operation of an Existing
Truck and Freight Terminal at 2065 Ross Street
Transmitted herewith is a copy of Resolution No. 9515 referenced
above, which was approved by City Council on January 7, 2008.
Thank you.
NG:dr
c: Resolution File No. 9515