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Resolution No. 96561 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 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 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 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 - 2 - 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 3 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: 4 a. The facility shall be operated in accordance with, and 5 made to conform with all current codes, rules, and 6 regulations including any required fees as adopted by 7 the City of Vernon not otherwise addressed by this 8 grant of a conditional use permit. An adult or 9 sexually oriented business is not permitted to occupy 10 the subject site. 11 b. All parking and loading facilities shall be paved with 12 a concrete or asphalt concrete paving and shall be 13 adequately drained, and kept free of dust, mud, trash 14 and weeds. Where parking or maneuvering areas adjoin 15 the public street a concrete wall or landscape strip 16 shall be installed and maintained to meet City 17 standards. Adequate on -site parking shall be 18 maintained so that no on street or offsite parking or 19 staging will occur. 20 C. Prior to occupancy, each tenant of Santa Fe Equity 21 shall obtain a sales tax permit from the State Board of 22 Equalization bearing the City of Vernon Tax number and 23 a City of Vernon business license. 24 d. All required federal, state, local and regulatory 25 agency permits shall be obtained prior to operation. 26 Prior to occupancy a business license, occupancy 27 permit, and health permit shall be obtained. Health 28 permits such as hazardous materials and retail food 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 e f. M 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 - 5 - 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 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 - 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 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. - 7 - 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - 8 - 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 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 - 9 - 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 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 - 10 - 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. 19 20 21 Name: Leonis C. Malburg 22 Title: Mayor / or 23 AT EST: 24 25 UELA GIRON, City Clerk 26 27 28 - 11 - 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, 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 - 12 - 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