Resolution No. 2010-150RESOLUTION NO. 2010-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A MODIFICATION TO A CONDITION OF
APPROVAL TO THE CONDITIONAL USE PERMIT FOR
LUBRICATING SPECIALTIES COMPANY FOR THE OPERATION
OF A PETROLEUM RELATED USE LOCATED AT 3365 SLAUSON
AVENUE
WHEREAS, Lubricating Specialties Company ("LSC") is
requesting a modification to a condition of approval to its existing
conditional use permit ("CUP") that was approved on January 4, 2010,
for the operation of a petroleum storage, processing and distribution
facility located at 3365 Slauson Avenue ("Project") pursuant to
Resolution No. 2010-02; and
WHEREAS, the City Council of the City of Vernon held a
hearing on this. requested modification to a condition of approval to
the CUP on October 18, 2010; and
and
WHEREAS, the Project is located in the I -Zone, Industrial;
WHEREAS, pursuant to Section 26.4.1-3(e) of the
Comprehensive Zoning Ordinance, a petroleum related use/petroleum
storage facility is allowed in the I -Zone, with approval of a CUP; and
WHEREAS, City staff has determined that the._proposed
modification will not result in any environmental significant changes
to LSC's operation, therefore, the original notice of exemption is in
accordance with the California Environmental Quality Act ("CEQA") as
provided in Section 15301, Class 1, Existing Facilities and is
adequate for this modification; and
WHEREAS, the City Council has received a Staff Report, dated
October 6, 2010 upon which it has relied in making the foregoing
recitals; and
WHEREAS, LSC is proposing to store and distribute Class I
and Class II liquids, as defined by the California Fire Code, at the
site; and
WHEREAS, the proposed site contains an existing building of
approximately 55,634 square feet on a 4.19 acre lot and two existing
tank farms, Tank Farm "A" approximately 12,540 square feet and Tank
Farm "B" approximately 13,500 square feet in size; and
WHEREAS, the size, shape and topography of the parcel is
adequate for the proposed operation; and
WHEREAS, the conditional use permits the storage of Class I
and Class II liquids in seven of the existing aboveground tanks in
Tank Farm B; and
WHEREAS, the proposed site is surrounded by industrial,
utility right-of-ways and warehousing uses compatible with the
proposed use and no adverse effect from traffic, parking, noise,
odors, smoke, light or glare are anticipated from the proposed
operation; and
WHEREAS, the conditions imposed on the CUP will adequately
protect the public health, safety and general welfare and the
operation is consistent with all applicable rules and laws of the City
of Vernon.
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 does
hereby find and determine that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon further
M
finds that all persons have had the opportunity to be heard or to file
written comments to the proposed Project and after due consideration
of all the evidence submitted at the public hearing determines that
there are compelling reasons to justify granting a modification to the
CUP.
SECTION 3: The City Council of the City of Vernon hereby
finds that the Project is categorically exempt from the California
Environmental Quality Act ("CEQA") as provided in Section 15301, Class
1, as the proposed modification will not result in any environmental
significant changes to LSC's current operation. The City Council of
the City of Vernon directs the City Clerk, or his designee, to file a
Notice of Exemption in compliance with the CEQA.
SECTION 4: The custodian of records for the Project and all
other material that constitute the record of proceedings upon which
the City Council's decision is based is the City Clerk of the City of
Vernon. Those documents are available for public review in the Office
of the City Clerk located at 4305 Santa Fe Avenue, Vernon, California
90058.
SECTION 5: . In. order to adequately protect the public health
and general welfare, the conditions contained in Resolution No. 2010-
02 shall be required except that condition "n" shall -be modified to
read as follows:
n. The applicant shall construct a secondary fire access
road in the LADWP right-of-way which adjoins the site. The fire access
road shall extend from Slauson Avenue to the railroad tracks just
south of the westerly prolongation of the north property line of the
Applicant site and shall include a fire apparatus turnaround. A new
driveway shall be constructed where the fire roads accesses Slauson
3
Avenue. One breakaway gate a minimum of 35-feet in width shall be
provided at a location determined by the City of Vernon. The roadway
shall be a minimum of 27-feet in width, and paved with a minimum fl-
inch asphalt concrete pavement or concrete pavement over 6-inch
crushed miscellaneous base. No Class I or Class II liquids shall be
permitted on the site prior to the completion of the fire access road
construction. If for any reason, the Vernon Fire Department is denied
access by LADWP (ingress and egress for emergency services vehicles)
to the fire access roadway, LSC shall immediately terminate all
storage, blending or distribution of Class I, II liquids on the
subject site. LSC shall indemnify the City of Vernon, its officers,
employees, staff, and officials from any and all causes of action,
claims, liabilities, obligations, judgments, or damages, including
reasonable attorneys' fees and costs of litigation ("claims") arising
from the use of LADWP's property. In the event of any damages or
claims raised, LSC shall contact LADWP to report the nature of the
damages and advise that LSC is responsible for all costs associated
with said damages.
SECTION 6: The Applicant 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; and/or (3) legal expenses and attorney's fees incurred by
P
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 7: Noncompliance with any condition set forth in
the CUP shall be grounds for voiding the permit pursuant to Section
26.6.3-9 of the Comprehensive zoning Ordinance.
SECTION 8: Not later than sixty (60) days from the date of
this Resolution, the applicant shall indicate, in writing, its
acceptance of and agreement with the conditions contained in Section 5
of this Resolution and the indemnification provision contained in
Section 6 of the Resolution.
SECTION 9: The provisions of Resolution No. 2010-02 not
consistent with or in conflict with this resolution are repealed; in
all other respects, Resolution No. 2010-02 shall remain in full force
and effect.
SECTION 10: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon,.shall cause this resolution and
the City Clerk's certification to be entered in the Fileof
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1st day of November, 2010.
ATTE T:
Willard G. YA tt hi, ity Clerk
Name: Hilario Gonzales
Title: Mayor /uYcz=T�
5
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-150, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, November 1, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro -Tern of the City of Vernon.
Executed this / day of November, 2010, at Vernon, California.
(SEAL)
Willard mag i, City Clerk
I
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 3, 2010
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-150 — A Resolution of the City Council of the City of
Vernon Granting a Modification to a Condition of Approval to the Conditional.
Use Permit for Lubricating Specialties Company for the Operation of a Petroleum
Related Use Located at 3365 Slauson Avenue
Transmitted herewith is a copy of Resolution No. 2010-150, referenced above, which was
approved by City Council on November 1, 2010.
Thank you.
WY:dj
Attachment
c: Resolution No. 2010-02, 2010-150
11 1-
. City_ of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323)583-8811
The City of Vernon will conduct a Public Hearing, which you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
DATE & Monday, October 18,1010 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
APPLICANT: Lubricating Specialties Company (LSC)
The purpose of the hearing is to obtain testimony from affected and/or interested
persons regarding this application. The public is also invited to submit written comments
regarding the request prior to the Hearing.
REQUEST: LSC is requesting a modification to their existing conditional use
permit.
PROPERTY 3365 Slauson Avenue
INVOLVED:
REVIEW OF: The application, maps, and supporting information are available for
THE FILE: public review during normal business hours in the Vernon
Community Services & Water Department, located at 43"05 Santa Fe
Avenue, Vernon, California, between the hours of 7:15 a.m. and 5:15
p.m. Monday through Thursday.
If you challenge the granting of this conditional use permit modification or any
provisions thereof in court, you may be limited to raising only those issues you or
someone else raised at the hearing described in this notice or in written correspondence
delivered to the City of Vernon at, or prior to, the meeting.
The hearing maybe continued or adjourned to a stated time and place without
further notice of a public hearing.
Dated: /0
STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: October 6, 2010
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: Conditional Use Permit Modification — Lubricating Specialties Company
located at 3365 Slauson Avenue
Lubricating Specialties Company (LSC) is requesting a modification to condition of
approval "n" to conditional use permit that was issued on January 4, 2010 pursuant to Resolution
No. 2010-02. This conditional use permit allows LSC to store, blend and distribute Class I, II and
III liquids, as defined in the California Fire Code, in their existing tank farm (tank farm B).
While in the process of complying with the conditions referenced in Resolution No. 2010-02,
Section 6, LSC has indicated that it is not currently able to comply with condition "n", which
states;
n. The Applicant shall obtain a lease from DWP for the installation of the secondary fire
access road to the rear of the property. A new driveway shall be constructed where
the fire roads accesses Slauson Avenue. The fire access road shall extend from
Slauson Avenue to the railroad tracks just south of the westerly prolongation of the
north property line of the Applicant site. One breakaway gate a minimum of 35 feet in
width shall be provided at a location determined by the City of Vernon. The roadway
shall be a minimum of 27 feet in width, and paved with a minimum 4-inch asphalt
concrete pavement or concrete pavement over 6-inch crushed miscellaneous lease. No
Class I or Class II liquids shall be permitted on the site prior to the completion of the
fire access road construction.
Section 26.6.3-9 (a) (2) of the code permits a conditional use to be modified if the
following finding can be made: (2) The Conditional Use Permit was issued, in whole or in part,
on the basis of a misrepresentation or omission of a material statement(s) in the application or in
the applicant's testimony presented during the public hearing for the Conditional Use Permit.
In this case the applicant advised staff that it would be able to obtain,a.lease from the Los
Angeles Water & Power Department (LADWP) for the construction of the roadway. To this date
the LADWP has not approved a lease for the subject road. However, the LADWP has issued an
approval letter to the City of Vernon Fire Department granting it permission to enter onto
LADWP when an emergency arises. A copy of the letter is attached herewith.
Based on this letter, both the Community Services and Fire Department staff are of the
opinion that condition "n" of the conditional use permit can be modified and still protect the
health and safety of the community.
Therefore, it is recommended that condition "n" of the conditions of approval contained
in Resolution No. 2010-02 be modified to read as follows;
n. The applicant shall construct a secondary fire access road in the LADWP right-of-
way which adjoins the site. The fire access road shall extend froth Slauson Avenue to
the railroad tracks just south of the westerly prolongation of the north property line
of the Applicant site and shall include afire apparatus turnaround. A new driveway
shall be constructed where the fire roads accesses Slauson Avenue. One breakaway
gate a minimum of 35 feet in width shall be provided at a location determined by the
City of Vernon. The roadway shall be a minimum of 27 feet in width, and paved with
a minimum 4-inch asphalt concrete pavement or concrete pavement over 6-inch
crushed miscellaneous base. No Class I or Class II liquids shall be permitted on the
site prior to the completion of the fire access road construction. If for any reason, the
Vernon Fire Department is denied access by LADWP (ingress and egress for
emergency services vehicles) to the fire access roadway, LSC shall immediately
terminate all storage, blending or distribution of Class I, II liquids on the subject site.
LSC shall indemnify the City of Vernon, its officers, employees, staff, and officials
from any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable attorneys' fees and costs of litigation ("claims')
arising from the use of LADWP's property. In the event of any damages or claims
raised, LSC shall contact LADWP to report the nature of the damages and advise that
LSC is responsible for all costs associated with said damages.
SKw/sc
c: City Attomey
•
NEE
ANTONIO R. VILLARAIGOSA
Commission
Mayor
LEE KANON ALPERT, President
THOMAS S. SAYLES, me-praident
ERIC HOLOMAN
CHRISTINA E. NOONAN
JONAT14AN PARFRLY
BAR:BARA E. MOSCHOS, secretary
September 9, 2010
Mr. Jed Hulsey, Fire Marshall
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, California 90058
Dear Fire Marshall Hulsey:
&e, aq ail fffis Ausaes
Subject: Emergency Access Request onto Los Angeles Department of
Water and Power (LADWP) Property in the City of Vernon
AUSTIN BEUTNER
General Manager
RAMAN RAJ
Chlef operating Officer
Thank you for your emails requesting a letter from LADWP concerning approval for the Vernon
Fire Department to enter onto LADWP transmission line property in cases of emergencies. We
understand that your request stems from a recent review of your public safety policy and that
you are asking third parties such 'as.: f LADWI for a. similar letter.
As you know, LADWP owns'properfy in Vernon for'use as Transmission line corridors. In some,
but not all, cases LADWP property is fenced with chain link on the perimeter.
The intent of this letter is to confirm that Vernon Fire and Police may access LADWP property in
Vernon to provide emergency services only, subject to the following conditions:
1. Compliance with provisions for preventing accidents due to proximity to overhead
lines(California Code of Regulations, Title 8 (copy enclosed)
2. Vernon will be liable for any damage caused by responding to emergency
situations. In the event of damage, Vernon will contact LADWP to give specific
information on the nature of the damage.
If you have any questions, please contact me at (213) 367-0585.
Sincerely,
Reynan L. Ledesma
Manager of Real Estate
RLL:nv
Enclosure
Water and Power Conservation o 0 m a way 2of life
I11 North Hope Street, Los Angeles, California 900I2-2607 Mailing address: Box 51111, Los Angeles 90051-5700
Telephone: (213) 367-4211. Cable address: BEWAFOLA Cry-
ea�,a.
j
California Code of Regulations, Title 8, Section 2946. Provisions for Preventing Accident... Page 1 of 3
Subchapter 5. Electrical Safety Orders
Group 2. High -Voltage Electrical Safety Orders
Article 37. Provisions for Preventing Accidents Due to Proximity to Overhead Lines (Formerly
Article 86)
Naw ui=
§2946. Provisions for Preventing Accidents Due to Proximity to Overhead Lines,
Tailgate/Toolbox Topics• High Voltage Overhead Linea
(a) General. No person, firm, or corporation, or agent of same, shall require or permit any employee to
perform any function in proximity to energized high -voltage lines; to enter upon any land, building, or
other premises and there engage in any excavation, demolition, construction, repair, or other operation;
.._..-._oz to-erect,,install; operate-,-or.-store-in-or-upo"uoh-premises••any tools; mae%ne y .equ pment; matexials;-..-.._. __.__..
or structures (including scaffolding, house moving, well drilling, pile driving, or hoisting equipment)
unless and until danger from accidental contact with said high -voltage lines has been effectively guarded
against.
(b) Clearances or Safeguards Required. Except where overhead electrical distribution and transmission
lines have been de -energized and visibly grounded, the following provisions shall be met:
(1) Over Lines. The operation, erection, or handling of tools, machinery, apparatus, supplies, or
materials, or any part thereof, over energized overhead high -voltage lines shall be prohibited.
EXCEPTION: 1: Aircraft over energized overhead high -voltage lines operating in conformance with:
(A) Applicable regulations administered by the Federal Aviation Administration, and/or
(B) Helicopter Operations, Article 35, Construction Safety Orders, California Administrative Code, Title
8.
EXCEPTION: 2: Tower cranes (Hammerhead) installed not closer than the minimum clearances set
forth. in Table 2, whereon the trolley or boom travel is controlled by limit switches which will prevent
carrying a load over energized overhead high -voltage lines or within a horizontal distance closer than
the minimum clearances set forth in Table 2.
(2) The operation, erection, handling, or transportation of tools, machinery, materials, structures,
scaffolds, or the moving of any house or other building, or any other activity where any parts of the
above or any part of an employee's body will come closer than the minimum clearances from energized
overhead lines as set forth in Table 1 shall be prohibited.
Operation of boom -type equipment shall conform to the minimum clearances set forth in Table 2, except
in transit where the boom is lowered and there is no load attached, in which case the distances specified
in Table 1 shall apply. .
TABLE 1
http://www.dir.ca.gov/Title8/2946.htnl 9/3/2008
or Preventing Accident... Page 2 of 3
California Code of Regulations, Title 8, Section 2946. Provisions f
General Clearances Required from Energized Overhead High -Voltage Conductors
Nominal Voltage Minimum Required
(Phase to Phase) Clearance (Feet)
600..... 5D,000 6
over 50,000... 345,000 1D
over 345,000.. 750,000 16
over 750,000 1„000,000 20
(3) Boom -type lifting or hoisting equipment. The erection, operation or dismantling of any boom -type
lifting or hoisting equipment, or any part thereof, closer than the minimum clearances from energized
overhead high -voltage lines set forth in Table 2 shall be prohibited.
(4) Storage. The storage of tools, machinery, equipment, supplies, materials, or apparatus under, by, or
near energized overhead high -voltage lines is hereby expressly prohibited if at any time during such
handling or other manipulation it is possible to bring such tools, machinery, equipment, supplies, -
materials, or apparatus, or any part thereof, closer than the minimum clearances from such lines as set
forth_in_T.ableI...._....._...._.....__......_.._...._........_..._._.._,...._........_._.:....._.___._......,._...__..... ...... ....;........__._._......__........._..,...... _._........ ...... ....... .__.._._._........ ..... ..__..,.......... .......
.................
(c) The specified clearance shall not be reduced by movement due to any strains impressed (by
attachments or otherwise) upon the structures supporting the overhead high -voltage line or upon any
equipment, fixtures, or attachments thereon.
(d) Any overhead conductor shall be considered to be energized unless and until the person owning or
operating such line verifies that the line is not energized, and the line is visibly grounded at the work
site.
TABLE 2
Boom -type lifting or hoisting equipment clearances required from
energized overhead high -voltage lines.
Nominal voltage
(Phase to Phase)
600..... 50,000
over 50,000.... 75,000
over 75,000... 125,000,
over 125,000.. 175,000
over 175•,000.. 250,000
over 250,000.. 370,000
over 370,000.. 550,000
over 550,000 1,000,000
Minimum .Required
Clearance (Feet)
10
11
13
15
17
21
27
42
NOTE: Authority. cited: Section 142.3, Labor Code..Reference: Section 142.3, Labor Code.
IUSTORY
1. Amendment of subsections (b); (c), repealer of subsections (d), (e) and new subsection (d) filed 8-9-
79; effective thirtieth day thereafter (Register 79, No. 32).
2. Editorial correction renumbering former Article 86 to Article 37 filed 11-2-83 (Register 83, No. 45).
3. Amendment filed 12-10-87; operative 1-9-88 (Register 88, No. 1).
http://www.dir.ca.gov/Title8/2946.html 9/3/2008
California Code of Regulations, Title 8, Section 2946. Provisions for Preventing Accident... Pago 3 of 3
MGO Back to Article 37 Table of Contents
I The above information Is provided free of charge by the Department of Industrial
Relations from its web site at www.dlGca..gnv.
http://www.dir.ca.gov/Title8/2946.html 9/3/2008
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