Resolution No. 96561
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RESOLUTION NO. 9656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A CONDITIONAL USE PERMIT FOR SANTA
FE EQUITY, LLC TO OPERATE A COMMERCIAL/RETAIL
FACILITY LOCATED AT 4300 SANTA FE AVENUE
WHEREAS, Santa Fe Equity, LLC (Santa Fe Equity) has applied
for a new conditional use permit to construct and operate a
Icommercial/retail facility located at 4300 Santa Fe Avenue in the City
lof Vernon; and
WHEREAS, on March 19, 2007, Santa Fe Equity was originally
approved for a conditional use permit by Resolution No. 9253; however,
the conditional use permit has expired due to the fact that no
construction to improve the property for a office retail center took
place; and
WHEREAS, Section 26.5.2-7(a) of the Comprehensive Zoning
Ordinance that was in place at the time of approval of Santa Fe
Equity's Conditional Use Permit states that any conditional use permit
approved by the City Council shall become null and void, unless an
extension is approved by City Council if; the rights and privileges
granted by such conditional use permit are not utilized within one year
from and after the effective date; and if the privileges authorized
require some form of construction work, such construction has not
actually been commenced within one year after the effective date; and
WHEREAS, a new conditional use permit application must be
filed and approved prior to commencement of construction; and
WHEREAS, the proposed development site is currently being
used for the sale, repair and installation of tires (trucks and
lautos); and
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WHEREAS, retail, and commercial uses are permitted in the (C)
Overlay District of the I -Zone, with the approval of a conditional use
11permit; and
WHEREAS, the proposed site is adequate in size, shape and
topography for the proposed operation, and adequate drainage and
landscaping will be installed pursuant to the Vernon City Code; and
WHEREAS, the proposed site is surrounded by industrial,
office, governmental and commercial uses compatible with the proposed
use; and
WHEREAS, no adverse effects from traffic, parking, noise,
odors, dust, smoke, light or glare is anticipated from the proposed
�loperation; and
WHEREAS, the site has access to Santa Fe Avenue and Vernon
Avenue, traffic will generally travel on both Santa Fe Avenue and
Vernon Avenue to the office/retail/restaurant, and Santa Fe Avenue and
Vernon Avenue 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 thirty-
nine (39) automobile parking spaces and one (1) truck loading space;
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 on -site for the proposed development; and
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
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I - this requirement is subject to a maximum $500.00 fine; and
2 WHEREAS, the site has adequate on -site parking and loading
3 facilities in accordance with the Zoning Ordinance and the ITE Parking
4 Generation Manual; and
5 WHEREAS, the proposed use, as to location; operation and
6 design is consistent with the General Plan and Zoning Ordinance,of the
7 City of Vernon; and
8 WHEREAS, City staff has determined that the project is
9 categorically exempt from the California Environmental Quality Act
10 pursuant to Section 15301, existing facilities; and
11 WHEREAS, the conditions imposed on the conditional use permit
12 as set forth herein will adequately protect the public health, safety
13 and general welfare and the operation is consistent with all applicable
14 rules and laws of the City of Vernon; and
15 WHEREAS, the City Council has received a Staff Report, dated
16 June 11, 2008, upon which it has relied in making the foregoing
17 recitals; and
18 WHEREAS, the City Council of the City of Vernon held a
19 hearing on Santa Fe Equity's application for a new conditional use
20 permit on July 7, 2008.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
22 CITY OF VERNON AS FOLLOWS:
23 SECTION 1: The City Council of the City of Vernon
24 hereby finds and determines that the recitals contained hereinabove
25 are true and correct.
26 SECTION 2: Subject to the conditions set forth below,- the
27 conditional use permit is hereby granted to Santa Fe Equity for the
28 operation of a commercial/retail facility at 4300 Santa Fe Avenue
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1- located in the City of Vernon.
2 SECTION 3: In order to adequately protect the public health
3 and general welfare the following conditions are required:
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a. The facility shall be operated in accordance with, and
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made to conform with all current codes, rules, and
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regulations including any required fees as adopted by
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the City of Vernon not otherwise addressed by this
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grant of a conditional use permit. An adult or
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sexually oriented business is not permitted to occupy
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the subject site.
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b. All parking and loading facilities shall be paved with
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a concrete or asphalt concrete paving and shall be
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adequately drained, and kept free of dust, mud, trash
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and weeds. Where parking or maneuvering areas adjoin
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the public street a concrete wall or landscape strip
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shall be installed and maintained to meet City
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standards. Adequate on -site parking shall be
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maintained so that no on street or offsite parking or
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staging will occur.
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C. Prior to occupancy, each tenant of Santa Fe Equity
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shall obtain a sales tax permit from the State Board of
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Equalization bearing the City of Vernon Tax number and
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a City of Vernon business license.
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d. All required federal, state, local and regulatory
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agency permits shall be obtained prior to operation.
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Prior to occupancy a business license, occupancy
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permit, and health permit shall be obtained. Health
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permits such as hazardous materials and retail food
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e
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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. The facility
shall meet the minimum construction requirements for
food facilities prior to opening.
The facility shall be operated in a manner, which will
not impede traffic on Santa Fe Avenue or Vernon Avenue.
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.
Prior to construction dedicate to the City, by grant
deed, property for the enlargement of the curb return
at the southeast corner of Vernon Avenue and Santa Fe
Avenue to provide for a 52-foot property line radius
and the widening of Vernon Avenue to a width of 30-feet
measured from the centerline of the street. The Grant
Deed, legal description and maps shall be reviewed and
approved by the City and recorded.
Prior to occupancy the curb return at the southeast
corner of Santa Fe Avenue and Vernon Avenue shall be
enlarged to a 60, foot radius and a 52' foot property
line radius. The curb, gutter, sidewalk, and necessary
roadway along Vernon Avenue shall be removed and
replaced in accordance with the Master Plan of City
Streets. The existing driveways on Santa Fe Avenue
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shall be removed and replaced with curb and gutter and
sidewalk. All sidewalk, driveways, curb and gutter
adjacent to the site on Santa Fe Avenue shall be
removed and replaced in accordance with City standards.
Any objects including but not limited to trees, power
poles, traffic signals, signs and fire hydrants, that
conflict with proposed improvements and construct curb
access ramps shall be removed or relocated. Street
striping shall be removed and replaced in accordance
with the street improvements. All subject work shall
be in accordance with City Standards.
h. Completely remove all conflicting water vaults on Santa
Fe Avenue and Vernon Avenue and any abandoned utilities
in the public right-of-way and adjoining the site.
i. The project site shall be constructed and maintained
substantially in compliance with the site plan
submitted as part of this conditional use permit
application.
j. Adequate trash receptacles for the public shall be
provided on site to keep litter to a minimum. Trash
area shall be maintained in an effort to divert
rainfall around enclosure. All litter blown or dropped
on the premises or adjacent properties shall be
retrieved and containerized on a daily basis. All
trash containers shall have tight fitting lids. Trash
in the containers shall be removed as frequently as
necessary to prevent overflow, but no less frequent
than once per week. A litter control program shall be
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implemented to maintain the facility in a safe,
sanitary and attractive condition for the life of the
project.
k. An appropriate storage area for waste cooking
oil/grease shall be provided.
1. All food preparation and storage equipment shall be
installed within the restaurant or dining facilities
and shall be certified by an American National Safety
Institute (ANSI) accredited program to applicable
ANSI/National Sanitation Foundation International
(NSFI) standards or approved by the Health Department
prior to installation and use. 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.
M. The restaurant shall comply with all the applicable
California Health and Safety codes, laws and
regulations. Adequate areas for proper food storage,
equipment, employee restrooms, changing rooms (locker
room) 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. The site shall maintain
adequate drainage to eliminate potential mosquito
harborage.
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o. 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. Santa Fe Equity shall obtain
all required permits from South Coast Air Quality
Management District (SCAQMD) prior to operation.
P. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other
nuisances. 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'. All storm water shall drain off -
site and not flow to adjacent properties.
q. The facility shall be operated in such 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.
r. No equipment or freight shall be stored on the site
other than in buildings (outside storage is
prohibited). Outdoor display of merchandise shall be
prohibited.
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S. A closure permit shall be obtained from the Health
Dept. prior to any demolition and/or construction on
the site.
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, and
any truck parking or unloading on the site is 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 2" type
adjacent to each driveway entrance that states,
"Maximum Length of vehicles allowed in this site is 25
feet in length and maximum truck allowed to park and
unload is 25 feet in length. Trucks shall only be
allowed to park in designated truck loading stalls.
All violations are subject to a fine not to exceed
$500.00." All existing and future tenants shall be
notified of these restrictions and a condition stating
this shall be placed in all future leases.
W. Each occupant shall abide to all conditions set on this
permit. Each occupant shall indicate in writing its
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acceptance and agreement with these conditions prior to
occupancy.
X. The property owner shall be limited to 3,000 square
feet of restaurant area inclusive of dining and kitchen
areas, and a maximum of 300 square feet of patio area.
y. The hours and days of operation of retail and
restaurant shall be from 7:00 a.m. to 7:00 p.m. Monday
thru Saturday. No alcoholic beverages shall be served
on the subject site.
Z. The unreinforced masonry building on the subject site
shall be seismically retrofitted in accordance with the
2007 California Existing Building Code. All on -site
construction or improvements shall be in compliance
with the most current Building Codes (Building, Fire,
Mechanical, Plumbing and Electrical) and current Health
and Safety Codes and Regulations. Santa Fe Equity
shall obtain all necessary building, fire, mechanical,
plumbing, and electrical permits from the City of
Vernon Community Services Department in addition to any
required Vernon Environmental Health Department
clearance prior to commencement of construction.
SECTION 4: Santa Fe Equity 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
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I City of Vernon, its officers, agents or employees; (2) a peremptory
2 writ or other relief by way of injunction, mandamus, or administrative
3 mandamus; and/or (3) legal expenses and attorney's fees incurred by
4 the City of Vernon on behalf of any party in such actions or
5 proceedings. The City of Vernon does not waive its right to
6 participate in the defense of any such action.
7 SECTION 5: Noncompliance with any condition set forth in
8 the conditional use permit shall be grounds for voiding the permit
9 pursuant to,Section 26.5.2-10 of the Comprehensive Zoning Ordinance.
10 SECTION 6: Not later than sixty (60) days from the date of
11 this Resolution, Santa Fe Equity shall indicate, in writing, its
12 acceptance of and agreement with the conditions contained in Section 3
13 of this Resolution and the indemnification provision contained in
14 Section 4 of the Resolution.
15 SECTION 7: The City Clerk of the City of Vernon shall
16 certify to the passage of this resolution and thereupon and thereafter
17 the same shall be in full force and effect.
18 APPROVED AND ADOPTED this 7th day of July, 2008.
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Name: Leonis C. Malburg
22 Title: Mayor / or
23 AT EST:
24
25 UELA GIRON, City 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. 9656, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, July 7, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
c
MANUELA GIRO , C'ty Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: July 14, 2008
TO: Kevin Wilson, Director of Community Services & Water
FROM-; Nelly Giron, City Clerk
RE: Resolution No. 9656 - A Resolution of the City Council of
the City of Vernon Granting a Conditional Use Permit for
Santa Fe Equity, LLC to Operate a Commercial/Retail Facility
Located at 4300 Santa Fe Avenue
Transmitted herewith is a copy of Resolution No. 9656 referenced
above, which was approved by City Council on July 7, 2008.
Thank you.
NG:dr
c: Resolution No. 9656
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 of Business) Site Address Zip Code
SPUTA Fr,- EQ tJ rr l( 1. u c- 41300 S . SA.WA rC. At/6 Cl 00 58
Contact Person Telephone Number Fax Number
PAU1. M000 2t1, 105"0
Project Title H S O 0 SAC,s TA FtF,
Purpose of Conditional Use Permit Application To ALLO W COMM ERrcI A t_
cl ff:mg OSL 1jKIGN C�t^4QkA?tr-S Maf&te mda#Q 20 Val-lic.Lyr- :m r g
t� o0 0 � 20 SS S f oi_�Ix .00 A, o 99"A DER- DAN awl TNT CAM -AOt,I E
Name of Property Owner Address Zip Code
SMIA FC EG?Qt Vf L-L.C.. J&l00 E. OLYMPIC. STM zm0 c.4, CoX 9oo2.1
Telephone Number Fax Number
21'S G2,-(-�40H0 Z(3 2y. `inso
Name of Applicant's Representative or Contact Person (If different than above) Address Zip Code
I5ARt21( Sf-CIAL pa. C3ox Cv lob, AL?AOEnIA CA 91003
Relation to Applicant ❑ Engineer Architect Attorney Realtor
Is this person authorized to sign for the owner (Circle One) Yes No
Telephone Number Fax Number ��� 2 S 2
a lc. --s4 5.97 Co 3
Signature (Needs to a Notarriize` Date
v V
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
/f
� u �(/ �% r✓
Page 1 of 7
ACKNOWLEDGMENT
State yf California )
Count of J
On 0 (' `fil before me, � , G�,P {a 9 v
(insert name and title of the office
personally appeared 1.9—a 1- 0,y�
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
G BRIEL H. WEISS
COMM,# 1695666 rn
N NOTARY PUBLIC-CALIFORNIA V'
�1 Los ANGELES COUNTY r
MY COMM. UP. SEPT. 24, 2010 r
ACKNOWLEDGMENT
State of Calify�rnia
County of d1§4We)
On Qf V KJtf� ,�, �o '� before me, L� �� �' ' ��'v� , %� °I%%L��UI�i
(insert name and title of the officer)
personally appeared 1_?1&-t-7�L
who proved to me on the basis ofc46tisfactory 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
"0 GASRIEI. H; W61Ss
WITNESS my hand and official seal. N Comm.# 105665 N
• NOTARY PUBLIC•CALIFORNIA
Los . E XP, B COUNTY
M =cam EaP, SEPT, 24,1010
Signatu
(Seal)
ACKNOWLEDGMENT
State of California _
County of (-44 zt!�
On C] U,61 e- %1, %,moo V before me, .z t'��- �� �� � %,
Q— T� (insert name and title of the officer)
personally appeared 11AY." ! I.4111r/1:1110
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
�..b.a GABRIEL H, WEISS
►f1 COMM. # 1695665
NOTARYPUBLIC- CALIFORNIA
MY COMMAExa�3erO 8T 2010"�
Signature--"----
ignature (Seal)
zn—
PROTECT DESCRIPTION
(Attach additional sheets as necessary)
Site size. 2 7, 0o0 S, f:.
2. Square footage of each building (including any covered structures or canopies).
Number of floors of construction. Coh) S
4. Amount of off-street parking and loading provided:
a. Number of automobile parking spaces 3C.
b. Number of truck parking spaces O
c. Number of truck loading spaces 1
Proposed scheduling. 7 - 1 , o
6. Associated projects. t-10 1./ Ir
7. Anticipated incremental development (additional phases). 1-,1 00 6
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). ri/A
9. If commercial, indicate the type, whether neighborhood, city or regionally oriented,
square footage of sales area, and loading facilities (on attached sheet). t�lt+ltn�t�3ort1-�ooD
Gl `f oPgL,4-rrM c-yAAyrAr-tAL aCYAtt. , Ati10 col!�F/C.rS (-swr
i4 R TA c,N CD P t-A O
10. If industrial, indicate type, estimated employment per shift, and loading facilities (on
attached sheet). ni 1A
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). pi A
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.
YC S
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.
YCS
C) The proposed use will be compatible with the permitted uses of surrounding and adjacent
properties.
Yer3
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.
Ycs
E) The site has adequate off-street parking and loading facilities.
Ye
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.
lfa
Signed
(App ' cant)
Page 3 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
❑ N�" 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or
substantial alteration of ground contours.
❑ C
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.
❑ E41
24.
Significant amounts of solid waste or litter.
❑ FY
25.
Change in dust, ash, smoke, fumes or odors in vicinity.
❑ E,1
26.
Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
❑ EV
27.
Substantial change in existing noise or vibration levels in the vicinity.
❑ 9
28.
Site on filled land or on slope of 10 percent or more.
❑ W
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.)
❑ I
31.
Substantially increase fossil fuel consumption (electricity, oil, natural gas,
etc.)
❑ Cam'
32.
Relationship to a larger project or series of projects.
Environmental Setting
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.
Certificatinn:
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.
to. 2.0
Date
Page 7 of 7