Resolution No. 2011-048RESOLUTION NO. 2011-48
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 L.A.
WASH RACK, INC., FOR THE OPERATION OF A TRUCK WASH
FACILITY LOCATED AT 4317 DOWNEY ROAD
WHEREAS, L.A. Wash Rack, Inc. ("L.A. Wash Rack") is
requesting a modification to a condition of approval to its existing
conditional use permit ("CUP") that was approved on January 26, 2009,
for the operation of a truck wash facility located at 4317 Downey Road
("Project"),pursuant to Resolution No. 9824; 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 April 5, 2011; and
WHEREAS, the proposed site is located in the Slaughtering
Overlay of the I -Zone, Industrial, and given the nature of L.A. Wash
Rack's business operation, it would be classified as a Truck Wash
Facility and allowed with approval of a conditional use permit; and
WHEREAS, City staff has determined that the proposed
modification will not result in any significant environmental changes
to L.A. Wash Rack's operation, therefore, the original notice of
exemption is in accordance with the California Environmental Quality
Act ("CEQA") as provided inSection15332, Class 32, In -fill
Development, and is adequate for this modification; and
WHEREAS, the City Council has received a Staff Report, dated
March 23, 2,011 upon which it has relied in making the foregoing
recitals; and
WHEREAS, L.A. Wash Rack proposes to expand its use by
constructing a new tanker maintenance building and a new 3-bay tanker
wash facility; and
WHEREAS, the size, shape and topography of the parcel is
adequate for the proposed operation; and
WHEREAS, the proposed site is surrounded by industrial 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 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
finds that all persons have had the opportunity to be heard on 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 15332, Class
32, In -fill Development, as the proposed modification will not result
in any significant environmental changes to L.A. Wash Rack's current
2
operation. The City Council of the City of Vernon directs the City
Clerk, or the City Clerk's 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. 9824
shall be required except that condition "o" shall be modified to read
as follows:
o. No tankers or trucks shall be permanently staged at the
site. Only those tankers that are scheduled for washing or repairing
within a 7 day period shall be permitted to be stored at the site.
A maximum of 60 trucks shall be permitted to enter this site per day.
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
the City of Vernon on behalf of any party in such actions or
3
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. 9824 not
consistent with or in conflict with this resolution are repealed; in
all other respects, Resolution No. 9824 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 File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 5th day of April, 2011.
.�.
Hilario Gonzales
Name:
Title: Mayor
4
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. 2011-48, 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 Tuesday, April 5, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro- Te of the City of Vernon.
Executed this day of April, 2011, at Vernon, California.
(SEAL)
I
5
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 7, 2011
TO: Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-48 - 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 L.A. Wash Rack,,
Inc., for the Operation of a Truck Wash Facility Located at
4317 Downey Road
Transmitted herewith is a copy of Resolution No. 2011-48 referenced
above, which was approved by City Council on April 5, 2011.
Thank you.
NG:dj
c: Resolution Nos. 2011-48, 9824
✓, �..G'i'/- RECEIVE D
MAR 2 3 2011
CITY ADMINISTRATION
STAFF REPORT
COMIYIUNITY SERVICES & WATER DEPARTM
DATE: March 23, 2011
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services &Water
RE: Conditional Use Permit Modification — L.A. Wash Rack, Inc. located at 4317
Downey Road
L.A. Wash Rack, Inc. (L.A. Wash Rack) is requesting a modification to condition of
approval "o" to its conditional use permit that was issued on January 26, 2009 pursuant to
Resolution No. 9824. This conditional use permit allowed L.A. Wash Rack to expand. its use by
constructing a new tanker maintenance building and a new 37bay tanker wash facility. While in
the process of complying with the conditions referenced in Resolution No. 9.824, Section 4, L.A.
Wash Rack has indicated that it is not currently able to comply with condition "o", which states;
o. No tankers or trucks shall be permanently staged at the site. Only those tankers that
are scheduled for washing or repair within a 4-hour period shall be stored at the site.
A maximum of 60 trucks shall be permitted to enter this site per day.
.Section 26.63-9 (a) (3) of the code permits a conditional use to be modified if the
following finding can be made: (3) one or more.of the conditions of the Conditional Use Permit
have not been substantially fulfilled or have. been violated:
In this case the applicant has informed staff that it would be extremely difficult to meet
the 47hour window stated in condition "o". L.A. Wash Rack has indicated that it takes a
minimum of two days for tanker inspections, washes and re -inspections and for tanker repairs
they need up to seven days because if a vehicle needs a replacement part, it may take anywhere
from two to three days for the part to be shipped to the facility and then another day or two to
install. The repair shop may not be open on Sundays or holidays, which lengthens the total time
that a repair might take to seven days. The grant of the modification would not be materially
detrimental to the public health; safety; or welfare, or to the interests of other residents and
property owners within the vicinity of the Lot in question. The grant of the modification would
provide L.A. Wash Rack with sufficient time to perform scheduled washes and repairs under a
worst case scenario where parts are not immediately available. Thus, the applicant is seeking this
modification with the understanding that all tanker trucks entering the site to be washed and/or
repaired shall be limited to a maximum of 7 days to be stored at the site.
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 & Tuesday, April 5, 201.1 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
APPLICANT: L.A. Wash Rack, Inc.
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: L.A. Wash Rack, Inc. is requesting a modification to a condition of
approval to its existing conditional use permit that was issued on
January 26, 2009.
PROPERTY 4317 Downey Road
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 4305 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 may be continued or adjourned to a stated time and place without
further notice of a public hearing.
Dated: 3 `mil4
'�Fastjerxt roue JJUh1irafiL11t35, C211M
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITYTERRACECOMET,MONTEBELLOCOMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET
AND WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of JUNE 21. 1966.
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
MARCH 24,
all in the year 2011.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 2_42day of MARCH, 2011.
Tbmockp�2,
Signature
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing:
Tuesday, April 5, 2011 at 9:00 a.m.
(L.A. Wash Rack, Inc. — 4317 Downey Road),
C!JV of Veeki6fi'
NbTCE OP PU LIG HEARING`
�`fh�G�ityofVgrhonwlll'eontjur,`,fg,PUblicHeaFmg,whicJyouriiayattend.
tF PLgti� `Vernon C,lty Nall City Coundi�C�hambers ` i
4305 SW6 e,AVehue, Verfi h, CA 90058
• DATE $ Tuestlay. April 5, ?0 �1 at 9 00 a m
TIME (or as sogh thereafter as the matter can_be heard)I
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tI
dr mtetestad persons regarding t iie app�igat, p The` 01ic walso Ujvited
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REIUEST L A Vi(ash Rc�c pllni his requesting amod¢ioatitin,to
>e cohtlitigh �� aipfgVai to its exl9tingii conditwn l use
perrhd tha2009 r
PROP�hTY INVOLVED ' _r43�Y Dney Road
i
REVIEW OF° The apph at�pf�rflaps 4hd suppott ng mformabon'are
r THE FILE available for MTIPJeVie during norfi2j'busmess hours '
� m the �/erndp Commtimly Serv��es &Water Department
located at 430 rsSarsta FeAvenUe Uerrloh 'Cahforr)ia, ';
the,iyd�bf 15 a /n� /and 5 15 p m fvl�grlday
if you ch311enge the grarltlttgiof fh i cond itloral�}�se �e�mit �lltidiflcation
or ahy'proviswht thereof in court yoUimaye I in°ted t��T��ismg only {hose
issues you or someone else raisetlf the heanrig reschbedym thissl4tiae
or m �yrittelt correspondenbe deh�ered to the Gtyof Vernon a�'drpnor
totthe;tneeting x, t � -
Te heanng may be ':continued or atl�ourned to a stated tirhe and
place � shout further notice of a �iUblic he�rtng
Dated: March 3. 2011 //illard Ya�nagLchj, Gily Clerk
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, SERGIO CANALES, Planning Assistant of the City of Vernon, do hereby certify that on
Wednesday, March 16, 2011, mailed a copy of Notice of Public Hearing to be held on April 5,
2011, regarding a Conditional Use Permit Modification for L.A. Wash Rack, Inc. located at 4317
Downey Road, to the interested parties and owners on the attached list, by United States Mail
with postage.
Date: (d'"
ergio CanaCana Planning Assistant
State of California )
- ) ss
County of Los Angeles )
On r'1 2e ► 6 �a i 1 before me, er c-, n ,,, ALr� ,notary
public, personally appeared Sergio Canales who proved tome on the basis of satisfactory ,
evidence to be the person(s) whose name(w) Ware subscribed to the within instrument and
acknowledged to me that he4he4hey executed the same in his4wr/their- authorized capacity(ies),
and that by his> hher/thei signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(o 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.
7 LINDA O. JOHNSO
IL COMMISSIONS 1892659 0
z Notary Public - Califomia 2
LOS ANGELES COUNTY
My Comm. Expires June, 292014
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 & Tuesday, April 5, 2011 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
APPLICANT: L.A. Wash Rack, Inc.
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: L.A. Wash Rack, Inc. is requesting a modification to a condition of
approval to its existing conditional use permit that was issued on
January 26, 2009.
PROPERTY 4317 Downey Road
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 4305 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 conditionaluse 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 may be continued or adjourned to a stated time and place without
further notice of a public hearing.
Dated: 3 :yt(
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6303.008-902
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6303-009-008 [2]
TSAI CHIN ZONG CO TRUST
6303-009-009 [3)
500 W TEMPLE ST RM #754
LOS ANGELES CA 90012
1521 VIRGINIA RD
TSAI CHIN G CO TRUST
1521 INIA 2G RD
SAN MARINO CA 91108
MARINO CA 91108
6303-009-011 [41 6303-009-015 [5) 6303-009-016 RICHMAN JOSHUA J TRUST YONEKYU USA INC VE
YONINC [6)
EKY
P 0 BOX 84341 3615 E VERNON AVE YON RNON SAN DIEGO CA 92138 LOS ANGELES CA 90058 NON CA ON 58
6303-009-017 [71 6303-009-270 [8] 6303-010-033
Y I PROP S INC LA CITY DEPT OF WATER & POWER KAL KAN FOODS INC 191
3615 RNON AVE P 0 BOX 51111 RM #633 3386E 44TH ST
ON CA 90058 LOS ANGELES CA 90051 VERNON CA 90058
6303-010-034 [10] 6303-010-041 [111 6303-010-273 [121
DOWNEY ROAD LLC ETAL RIEDER ENTERPRISES LLC LA CITY DE WATER & POWER
1454 COMSTOCK AVE 3275 E VERNON AVE P O B 1111 RM #633
LOS ANGELES CA 90024 VERNON CA 90058 ANGELES CA 90051
6303-010-800 [131 6303-010-803 [14] 6303-010-901
UNION PAC R R CO LA JUNCTION RY CO CITY OF ON [15]
1416 DODGE ST 1700 E GOLF RD 4305 TA FE AVE
OMAHA NE 68179 SCHAUMBURG IL 60173 ON CA 90057
6303-U10-902 [161 6304-006-906 [17] 6304-006-907 [181
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CITY OF LOS ANGELES CITY OF LONG BEACH
4305 S P O BOX 151 1800 E WARLOW RD
V ON CA 90057 SAN PEDRO CA 90733 LONG BEACH CA 90807
6304-021-019 [19] 6304-021-022 [201 6304-021-024 [21 ]
EIGHT INVESTMENT LLC STAVROPOULOS DEMETRA LODI REALTY LP
4333 S MAYWOOD AVE 701 ANOAKIA LN 410 DOHENY RD
VERNON CA 90058 ARCADIA CA 91006 BEVERLY HILLS CA 90210
6304-021-803 122] 6304-021-804 [231 6304-029-902 [2q1
LA JUNCTIO CO LA JUNVn6R CO CITY OF LO GELES
1700 E RD 1700 E RD P OB 51
SC EiLiRG 1L fi0- SC G IL 60173 PEDRO CA 90733
6304-029-903 [251 6304-029-904 [261 6304-029-906 [27]
CITY OF LON EACH CITY OF LO GELES CITY OF LONG BEACH
P0BOX POBO 1 POBOX570
LON CH CA 9 8801 S EDRO CA 90733 LONG BEACH CA 90801
DELPHEY/GERDES ENGINEERING INC SZETO +ASSOCIATES
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City of Huntington Park
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John Kinas
United States Aluminum
3663 Bandini Boulevard
Vernon, CA 90023
Ms. Gutierrez
924 S. Mott Street
Los Angeles, CA 90023
James H. Hillands
Heger Realty Corp.
5657 E. Washington Blvd,
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California Portland Cement Co.
2025 E. Financial Way
Glendora, CA 91740
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Commerce, CA 90022
J.J. Little
J.J. Little Company, Inc.
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Whittier, CA 90603
L.R. Luppen
Metal Products Engineering
3050 Leonis. Boulevard
Vernon, CA 90058
Ellen Orlando
Karen Lehrer
2300 E. 11 th Street
Los Angeles, CA 90021
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3770 E. Washington Blvd.
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Attn: Dick Ebel
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Vernon, CA 90058
Attn: Marion Alexander
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4113AV-09-008-6 uoipna}sul,p
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100 W. Alondra Blvd., Rrn 202A
Gardena, CA 90248
Attn: Leslie Donaldson
Eugene Kennedy
Delphey/Gerdes Engineering, Inc
5855 Rickenbacker Road
Commerce, CA 90040
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Compton, CA 90220
Attn: Mike Frazier
Ronald R. Gustafson
L.A. Wash Rack, Inc
4317 Downey Road
Vernon, CA 90058
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