Resolution No. 96141
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RESOLUTION NO. 9614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A CONDITIONAL USE PERMIT AMENDMENT
TO GEOGREEN BIOFUELS, INC. FOR THE OPERATION OF A
RECYCLING FACILITY AT 6011 AND 6017 MALBURG WAY IN
THE CITY OF VERNON
WHEREAS, GeoGreen Biofuels, Inc. ("GeoGreen") is requesting
Ian amendment to their existing conditional use permit that was
approved on January 3, 2007, to operate a recycling facility at 6017
Malburg Way in the City of Vernon; and
WHEREAS, GeoGreen is requesting to expand its operation into
la separate portion of the same building that they are currently
occupying located 6017 Malburg Way, which building is subdivided into
Ithree sections totaling 50,000 square feet in size; and
WHEREAS, GeoGreen is currently occupying 9,350 square feet
at 6017 Malburg Way and would like to acquire the adjoining section of
the building at 6011 Malburg Way, which is approximately 9,300 square
feet, to be used exclusively for office, storage of equipment, storage
of non -hazardous materials, and as a machine shop; and
WHEREAS, GeoGreen is a recycling, alternative fuel company
�Iwhich produces a fuel known as biodiesel, and the proposed use will
utilize specialized equipment to convert waste restaurant vegetable oill
into a high-grade, natural, and sustainable diesel fuel capable of
powering virtually any diesel engine; and
WHEREAS, given the nature of GeoGreen business operation, it
(Iwould be classified as a recycling facility pursuant to the Vernon City
Code Section 26.2.11; and
WHEREAS, the proposed site is in the I -Zone, Industrial, and
28 Ilpursuant to Section 26.4.1-3(f) of the Comprehensive Zoning Ordinance,
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a recycled facility is allowed in the I -Zone, with approval of a
conditional use permit; and
WHEREAS, the proposed site is surrounded by industrial,
commercial, office and warehousing uses compatible with the proposed
use and adverse effects from traffic, parking, noise, odors, dust,
smoke, light or glare, or risk of fire, infection or explosion is not
anticipated from the proposed operation; and
WHEREAS, the site has access to Malburg Way, a local roadway
with a right-of-way of 60 feet, and the streets and highways
surrounding the proposed use are adequate in width and are improved so
as to carry the traffic expected by this proposed operation; and
WHEREAS, an initial study and negative declaration was
conducted and approved for the project when GeoGreen was first granted
a conditional use permit in 2007; and
WHEREAS, the proposed use will not result in any
environmentally significant changes to GeoGreen's operation; therefore,
a notice of exemption is recommended to be approved in accordance with
the California Environmental Quality Act (CEQA) as provided in Section
15301 of the State CEQA Guidelines; 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
(April 28, 2008, upon which it has relied in making the foregoing
recitals; and
WHEREAS, the City Council of the City of Vernon held a
(hearing on said application for a conditional use permit on May 19,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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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
land correct.
SECTI-ON 2: Subject to the condition set forth below, the
conditional use permit, as amended, is hereby granted to GeoGreen for
the operation of a recycling facility located at 6011 and 6017 Malburg
Way.
SECTION 3: In order to adequately protect the public health
and general welfare the conditions contained in Resolution No. 9195
shall be required except the condition "c" shall be modified to read
las follows:
c. Any hazardous substances used, handled and/or stored at
6017 Malburg Way shall have prior approval from the Vernon Fire and
Health Departments. A Health Permit shall be obtained if there are
reportable quantities of hazardous materials on the site. No
hazardous materials shall be used, handled, stored, produced, or
processed at the 6011 Malburg Way site. All hazardous materials shall
be confirmed to the 6017 Malburg Way site.
SECTION 4: Noncompliance with any condition set forth in
the conditional use permit shall be grounds for voiding the permit
pursuant to Section 26.9.1-4 of the Comprehensive Zoning Ordinance.
SECTION 5: GeoGreen 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
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1 from the gross negligence or intentional wrongdoing of the City of
2 Vernon, its officers, agents or employees; (2) a peremptory writ or
3 other relief by way of injunction, mandamus, or administrative
4 mandamus; or (3) legal expenses and attorney's fees incurred by the
5 City of Vernon on behalf of any party in such actions or proceedings.
6 The City of Vernon does not waive its right to participate in the
7 defense of any such action.
8 SECTION 6: Not later than sixty (60) days from the date of
9 this Resolution, GeoGreen shall indicate, in writing, its acceptance
10 of and agreement with the conditions contained in Section 3 of this
11 Resolution and the indemnification provision contained in Section 5 of
12 the Resolution.
13 SECTION 7: The provisions of Resolution No. 9195 not
14 consistent with or in conflict with this resolution are hereby
15 repealed; in all other respects, Resolution No. 9195 shall remain in
16 full force and effect.
17 SECTION 8: The City Clerk of the City of Vernon shall
18 certify to the passage of this resolution, and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 19th day of May, 2008.
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Name: Leonis C. Malburg
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Title: Mayor '
25 ATT ST:
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27 MAhUffLA GIRON, Ci y Clerk
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1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 9614, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of the City Council duly held on Monday, May 19, 2008, and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
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12 MANUELA GI -N, City Clerk
13 (SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 28, 2008
TO: Kevin Wilson, Director of Community Services & Water
FROM I Nelly Giron, City Clerk
RE: Resolution No. 9614 - A Resolution of the City Council of
the City of Vernon Granting a Conditional Use Permit
Amendment to Geogreen Biofuels, Inc. for the Operation of a
Recycling Facility at 6011 and 6017 Malburg Way in the City
of Vernon
Transmitted herewith is a copy of Resolution No. 9614, referenced
above, which was approved by City Council on May 19, 2008.
Thank you.
NG:dr
c: Resolution File No. 9614