Resolution No. 95161
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RESOLUTION NO. 9516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A CONDITIONAL USE PERMIT AMENDMENT
FOR MERCO GROUP-2529 SANTA FE AVENUE, LLC TO
OPERATE A RETAIL/COMMERCIAL RESTAURANT FACILITY
LOCATED AT 2529 SANTA FE AVENUE
WHEREAS, Dynamic Builders, Inc. on behalf of the new
property owner of 2529 Santa Fe Avenue, Merco Group - 2529 Santa Fe
Avenue, LLC ("Merco Group") is requesting an amendment to their
existing conditional use permit to allow a sit-down restaurant use
with alcohol consumption at 2529 Santa Fe Avenue in the City of
JVernon; and
WHEREAS, the City Council of the City of Vernon held a
hearing on Merco Group's application for an amended conditional use
permit on January 7, 2008; and
WHEREAS, the project site is located in the CM -Zone,
Commercial Industrial; and
WHEREAS, retail, commercial, office, industrial and
warehousing uses are generally permitted in the CM -Zone; and
WHEREAS, a project the size of the proposed project is
allowed in the CM -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 and
landscaping; 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
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Ithe proposed operation; and
WHEREAS, the site has access to 25th Street and Santa Fe
Avenue through a reciprocal driveway and traffic will generally travel
on Santa Fe Avenue to the restaurant; and
WHEREAS, Santa Fe Avenue and 25th Street are of adequate size
land pavement -type to handle the traffic generated from the proposed
loperation; and
WHEREAS, the proposed site will include an estimated ninety-
six (96) automobile parking spaces and two (2) truck spaces; and
WHEREAS, given the size of the project, the optional
exceptions to 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 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
Sections 26.4.2-8(c) and (e), and the owner has recorded a covenant
which restricts the length of trucks entering 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 the change in use will not
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create additional parking in excess of the amount previously approved;
and
WHEREAS, the site has 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 conducted an
Initial Study to determine that mitigation that shall be required to
reduce the significant impacts to the environment and determined that
the proposed project will not have significant effect on the
environment and therefore a notice of exemption from the California
Environmental Quality Act ("CEQA") will be filed; and
WHEREAS, the conditions and mitigation plans imposed on the
conditional use permit approved under Resolution No. 8946 adopted on
February 15, 2006, are adequate to protect the public health, safety
and general warfare and shall remain in full force; and
WHEREAS, the operation is consistent with all applicable
rules and laws of the City of Vernon; and
WHEREAS, the City Council has received a Staff Report, dated
December 20, 2007 upon which it has relied in making the foregoing
recitals.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained hereinabove
are true and correct.
SECTION 2: Subject to the conditions and mitigation
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measures below, the conditional use permit, as amended, is hereby
granted to Merco Group for the operation of a retail/commercial sit-
down restaurant facility at 2529 Santa Fe Avenue located in the City
Ilof Vernon.
SECTION 3: In order to adequately protect the public health
and general welfare, the conditions and mitigation measures contained
in Resolution No. 8946 shall be required except that conditions "w"
and "y" shall be modified to read as follows:
w. The property shall initially be limited to 5,600 square feet of
sit-down restaurant space including outdoor dining area and 655 square
feet of take-out restaurant space which peak traffic shall not
coincide with the sit-down restaurant. The remaining space in the
complex shall be utilized for retail or commercial uses. The Director
of Community Services may allow the restaurant area within the
facility to be expanded beyond the above limits if it is found that
sufficient on -site parking is available to support such a use.
y. If at any time the Vernon Police Department deems it necessary,
the property owner shall prepare for approval by city staff a
comprehensive security plan. Said plan may include, but shall not be
limited to, the hiring of private security to address specific
security needs.
In addition, the following additional conditions shall be
set on the conditional use permit:
z. Employees serving or selling alcohol shall complete Licensee
Education of Alcohol and Drugs ("LEAD") training offered by the State
of California Office of Alcohol and Beverage Control. Evidence of
completion shall be provided to City Staff upon request.
aa. No entertainment uses are approved as part of this
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conditional use permit including, but not limited, to dance floors,
disc jockeys, and live performances.
bb. Adequate restroom facilities shall be provided for all uses as
approved by the Vernon Health Department.
cc. The property owners shall reimburse the City of Vernon any
expenditure for extraordinary Police and Fire Department costs which
result from the need to perform services for the site. Extraordinary
costs shall include, but not be limited to, Police Department overtime
expenses for officers not normally on duty but necessary for duty
assignment to the site to maintain community health safety and
welfare.
SECTION 4: Merco Group and any successors in interest shall
indemnify, hold harmless, and defend the City of Vernon, its officers,
agents, and employees from and against any and all claims, complaints,
or petitions for: (1) damages, losses, 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.
SECTION 5: Noncompliance with any condition 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 6: Not later than sixty (60) days from the date of
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1 this Resolution, Merco Group shall indicate, in writing, its
2 acceptance of and agreement with the conditions contained in Section 3
3 of this Resolution and the indemnification provision contained in
4 Section 4 of the Resolution.
5 SECTION 7: The provisions of Resolution No. 8946 not
6 consistent with or in conflict with this resolution are repealed; in
7 all other respects, Resolution No. 8946 shall remain in full force and
8 effect.
9 SECTION 8: The City Clerk of the City of Vernon shall
10 certify to the passage of this resolution and thereupon and thereafter
11 the same shall be in full force and effect.
12 APPROVED AND ADOPTED this 7th day of January, 2008.
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Name: Leonis C. Malburg
16 Title: Mayor
17 ATT;, ST
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19 MAKUELA GIRON, ity Clerk
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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. 9516, 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.
(SEAL)
l
MANUELA GIROi\T dity Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 14, 2008
TO: Kevin Wilson, Director of Community Services & Water
FROM:. Nelly Giron, City Clerk
RE: Resolution No. 9516 - A Resolution of the City Council of
the City of Vernon Granting a Conditional Use Permit for
Merco Group-2529 Santa Fe Avenue, LLC to Operate a
Retail/Commercial Restaurant Facility Located at 2529 Santa
Fe Avenue
Transmitted herewith is a copy of Resolution No. 9516 referenced
above, which was approved by City Council on January 7, 2008.
Thank you.
NG:dr
c: Resolution File No. 9516