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Resolution No. 2011-072RESOLUTION NO. 2011-72 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 November 1, 2010, for the operation of a petroleum storage, processing and distribution facility located at 3365 Slauson Avenue ("Project") pursuant to Resolution No. 2010-150; and WHEREAS, while in the process of complying with the terms in condition "n" referenced in Resolution No. 2010-150, LSC has indicated that it has not been able to fulfill with the terms in condition "n" WHEREAS, LSC has requested a modification to condition "n" of its conditional use permit with the understanding that the proposed fire access road will be constructed within two years; and WHEREAS, the grant of the modification would allow LSC to provide temporary ingress and egress of emergency vehicles from its neighboring properties to the north and south to the LSC site in the event an emergency arises and will also allow LSC to store Class I and II liquids temporarily while the fire access road is being constructed; 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 May 3, 2011; 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 significant environmental changes to LSO'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 April 20, 2011, 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 2 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 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 significant environmental changes to LSC's current 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 3 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 road 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 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 LSC 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. In lieu of providing the above mentioned fire access roadway, for a period not exceeding two years, LSC may instead obtain a temporary easement or lease on both the adjoining properties to the north and south to provide fire access through those properties to the LSC site until such time as the permanent fire access roadway is 4 constructed on the LADWP property. The access roadway shall be approved by the Vernon Fire Department, shall be striped in order to be kept free and clear of any obstructions or parking and the access roadways shall be substantially the same as reflected on drawings submitted to the.Fire Department as part of this application. If the lease or temporary easement expires or is terminated or two years pass from the date of this approval modification, and the permanent access roadway has not been constructed on the LADWP property LSC shall immediately terminate all transferring, blending, or storage of Class I and 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 or the adjoining property. In the event of any damages or claims raised, LSC shall contact LADWP or the adjoining property owner 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 _5_ 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 File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of May, 2011. &/d Z 5: 2 r- Name: Hilario Gonzales Title: Mayor / 6 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. 2011-72, 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, May 3, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of May, 2011, at Vernon, California. /W11/14ardeG. guc City Clerk (SEAL) 7 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 5, 2011 TO: S. Kevin Wilson, Director of Community Services & Water FROM Willard Yamaguchi, City Clerk/Interim City Attorney 4 RE: Resolution No. 2011-72 - 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. 2011-72 referenced above, which was approved by City Council on May 3, 2011. Thank you. WY: dj c: Resolution Nos. 2011-72, 2010-150 The City Council of the. City of Vernon approved a conditional use permit modification for Lubricating Specialties Company (LSC) on November 1; 2010, requesting a modification to a condition of approval "n" to its conditional use. permit that was.issued on November 1, 2010 pursuant to Resolution No. 2010-150. The conditional use permit allows LSC to store, blend and distribute Class I, II and III liquids (flammable liquids), as defined in the California Fire Code, in their existing tank farm (tank farm B). While in theprocess of complying with the terms in condition "n" referenced in Resolution No. 2010-150, LSC has indicated that it has not been able to. fulfill with the terms .in condition "n". Therefore, LSC has requested a modification to condition "n" of its conditional use permit, which states; n. The applicantshall 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 afire apparatus. turnaround. A new driveway shall be constructed where the fire roads accesses Slauson Avenue. One breakaway gate a minimum of 35 fee.t 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 Il liquids shall he 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 26.6.3-9 of the City Code permits a conditional use permit to be modified if one the following findings can be made: l . The circumstances under which the Conditional Use Permit was granted have been changed by the applicant to the extent that one or more of the findings contained in the. original Conditional Use Permit can no longer be made in a positive manner, and the public health, safety; and general welfare require the revocation or modification; 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; 3. One or more of the conditions of the Conditional Use Permit have not been substantially fulfilled or have been violated; or 4. The use authorized by the Conditional Use Permit is in violation of any code; law, ordinance, regulation, or statute. In this case,. since LSC has not substantially fulfilled with the terms in condition "n" of its conditional use permit. Thus, finding No. 3 justifies the request for modification: As a condition of approval, LSC was required to construct a secondary fire access road in the LADWP right-of-way which adjoins the site, in order to allow LSC to store Class I and. Class II liquids at the subject site. To this date the LADWP has not permitted the construction of the subject road. LSC has stated that it's in the process of obtaining a lease from LADWP. LSC has been able to obtain a lease from two neighboring properties. in order to provide temporary emergency access to its facility (see exhibit "A"),,which can satisfy the City's access requirement until the permanent fire access road is completed. Therefore, LSC is requesting that the CUP access provisions be modified, with the understanding that the permanent fire access road be constructed. within two years. 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 allow LSC to provide temporary ingress and egress of emergency vehicles from its neighboring properties to the. north and south to the LSC site in the event an emergency arises. Thus, the applicant is seeking this modification to its CUP to allow LSC to store Class I and II liquids until the permanent fire access road is constructed. LSC has provided documentation that they have obtained a temporary lease on the adjoining properties to both the north and south. The Fire Department is of the opinion that the temporary access via these properties will provide sufficient access to the tank farms for fire fighting purposes. LSC understands if either of these leases.expire.s or are terminated for any reason, then they would. no longer be able to store Class I or II liquids on the site. In addition; they must construct the permanent roadway within two years. 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 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 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 LSC 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,11 liquids on the subject site. In lieu of providing the above mentioned fire access roadway, for a period riot exceeding two years, LSC may instead obtain a temporary easement or lease on both the adjoining properties to the north and south to provide fire access through those properties to the LSC site until such time as the permanent fire access roadway is. constructed on the LADWP property. The access roadway shall be approved by the Vernon Fire Department, shall be striped in order to be kept free and clear of any obstructions or parking and the access roadways shall be substantially the same as reflected on drawings submitted to the Fire Department as part of this application. If the lease or temporary easement expires or is terminated or two years pass from the date of this approval modification, and the permanent access roadway has not been constructed on the LADWP property LSC shall immediately terminate all transferring, blending, or storage of Class I and Il 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 or the adjoining property. In the event of any damages or claims raised, LSC shall contact LADWP or the adjoining property owner to report the nature of the damages and advise that LSC is responsible for all costs associated with said damages. SKW/sc c: City Attorney OVIARWM.11 4 rim; �auo ao+se+oeowe+a■+®.+ree+a.+wo eo+ea+se+eu+u+�a ■M+��+�o+eo+u+eu+o�+e■+ees _i }s iA , _:" r! 4� 1 •�. i-. ,. :-` - -�� �*-� �t� �a��{ as �"�`' � fie. mew UP Wq- i ._ t i it y( !� F o V441 r - i ' 3 mooEp $'`"AQ'•`k s3sH Nk jj WWI � a VIC Al rEFi irl z"m-�'*`....,,�. -. rt,>�• .t- -mac f -` a 7 - ".1 `n IJAI F ` RECEIVED RECEIVED APR 19 2011 APR 2 6 2011 CITY ADMINISTRATION °sIYELY tros My CWWMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson`, Director of Community Services & Water DATE: April 19, 2011 SUBJECT: Public Hearing - Conditional Use Permit Modification - Lubricating Specialties Company located at 3365 Slauson Avenue The City Council of the City of Vernon approved a conditional use permit modification for Lubricating Specialties Company (LSC) on November 1, 2010, requesting a modification to a condition of approval "n" to its conditional use permit that was issued on November 1, 2010 pursuant to Resolution No. 2010-150. The conditional use permit allows LSC to store, blend and distribute Class I, II and III liquids (flammable liquids); as defined in the California Fire Code, in their existing tank farm (tank farm B). While in the process of complying with the terms in condition "n" referenced in Resolution No. 2010-150, LSC has indicated, that it has not been able to fulfill with the terms in condition "n". Therefore, LSC has requested a modification to condition "n" of its conditional use permit, which states; 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 A, 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 Il 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, Il 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 fNom 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 26.6.3-9 of the City. Code permits a conditional use permit to be modified if one the following findings can be made: 1. The circumstances under which the Conditional Use Permit was granted have been changed by the applicant to the extent that one or more of the findings contained in the original .Conditional Use Permit can no longer be made in a positive manner, and the public health, safety, and general welfare require the revocation or modification;: 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; 3. One or more of the conditions of the Conditional. Use Permit have not been substantially fulfilled or have been violated; or 4. The use authorized by the Conditional Use Permit is in violation of any code, law, , ordinance, regulation, or statute: In this case, since LSC has not substantially fulfilled with the terms in condition "n" of its conditional use permit. Thus, finding No. 3 justifies the request for modification. As a condition of approval, LSC was required to construct a secondary fire access road in the LADWP right-of-way which adjoins the site, in order to allow LSC to store Class I and Class II liquids at the subject site. To this date the LADWP has not permitted the construction of the subject road. LSC has stated that it's in the process: of obtaining a lease from LADWP. LSC has been. able to obtain a lease from two neighboring properties in order to provide temporary emergency access to its facility (see exhibit "A"), which can satisfy the City's access requirement until the permanent fire access road is completed. Therefore, LSC is requesting that the CUP access provisions be modified, with the understanding that the permanent fire access road be constructed within two years: 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 allow LSC to provide temporary ingress and egress of emergency vehicles from its neighboring properties to the north and south to the LSC site in the event an emergency arises. Thus, the applicant is seeking this modification to its CUP to allow LSC to store Class I and II liquids until the permanent fire access road is constructed. LSC has provided documentation that they have obtained a temporary lease on the adjoining properties to both the north and south. The Fire Department is of the opinion that the temporary access via these properties will provide sufficient access to the tank farms for fire fighting purposes. LSC understands if either of these leases expires or are terminated for any reason, then they would no longer be able to store Class I or 11 liquids on the site. In addition, they must construct the permanent roadway within two years. 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 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 Siauson Avenue. One breakaway gate a minimum of 354eet 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 baser No Class I or Class 11 liquids shall be permitted on the LSC 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 1 lI liquids on the subject site. In lieu of providing the above mentioned fire access roadway, for a period not exceeding two years; LSC may instead obtain a temporary easement or lease on both the adjoining properties to the north and south to provide fire access through those properties to the LSC site until such time as the permanent fire access roadway . is constructed on the LADWP property. The access roadway shall be approved by the Vernon Fire Department, shall be striped in order to be kept free and clear of any obstructions or parking and the access roadways shall be substantially the same as reflected on drawings submitted to the Fire Department as part of this application. If the lease or temporary easement expires or is terminated or two years pass from the date of this approval modification, and the permanent access roadway hasnot been constructed on the LADWP property LSC shall immediately terminate all transferring, blending'. or storage of Class I and 1L liquids on the subjectsite..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 or the adjoining property. In the event of. any damages or claims raised, LSC shall contact LADWP or the adjoining property owner to report the nature of the damages and advise that LSC is responsible for all costs associated with said damages. It is requested that you schedule a public hearing to obtain testimony regarding this subject on May 3, 2011. Enclosed herewith is a Notice of Public Hearing. Please forward notice to he City. Clerk to be executed. My Department will ensure that the notice is published. Please do not hesitate to contact me at extension 245 if you need more information on this project. SKW/sa Attachment Fly R All AN x f IR'p O r Y >i. 3# w� }at S ga. f x ' _ t. ARE Y. r ram; `W _ ice• '��'"-: .-� ;.�=i,. f x +,Z - sii'ni.a4 r "• - k§ S i 3'.a 2J4 5 J€� p NO joy 4 j i �' • - _ � �y.# Baas: 'f r'•�-. Y s � �- r a yam' � � t � I � •F ,..a Y 'Sk, M. �? 4 e �. w -x .7"� �u §">� ¢ � ecew� �=, �i.y E � e# fy� � � t�'? s.,:as ��i ;� t ~, - s,`t �-m•'�t.' y�i � 'k2� . ��_,'�& � �1 t "� °'�r,.i� Ya '� 43 �`# iA��! ffi�d �-`�• � .%S � g h i REQUEST: LSC is requesting a modification to condition "n" of its existing conditional use permit that was issued on November 1, 2010. The proposed modification would permit LSC to temporary provide fire access to the site from adjoining properties. Until such time as a permanent fire access road is constructed on the LADWP right-of-way. 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 4305 Santa Fe Avenue, Vernon, :15 a.m. and 5:1.5 p.m: Monday through California, between the hours of 7 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: Willard Yamaguchi, City. Clerk COMMUNITY SERVICES & WATER DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . DATE: April 20, 2011 TO: Mark Whitworth, City Administrator FROM Samuel Kevin Wilson; Director of Community Services & Water RE: Conditional Use Permit Modification Lubricating Specialties Company located at 3365 Slauson Avenue The City Council of the City of Vernon approved a conditional use permit modification for Lubricating Specialties Company (LSC) on November 1, 2010, requesting a modification.to a condition of approval "n" to its conditional use permit that was issued on November. 1, 2010 pursuant to Resolution No. 2010-150. The conditional use permit allows LSC to store, blend and distribute Class I,11 and III liquids. (flammable liquids), as defined in the California Fire Code, in their existing tank farm (tank farm B). While in the process of complying with the terms in condition "n" referenced in Resolution. No. 2010-150, LSC has indicated that it has not been able to fulfill with the terms in condition "n". Therefore, LSC has requested a modification to condition "n" of its conditional use permit. City staff is recommending that condition "n" be modified as outlined in the staff report. Enclosed herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Notice of Public Hearing and affidavit of mailing. 3. Confirmation/proof of publication: The City Attorney's office will prepare the required resolution for approval. The project is categorically exempt under Section 15301, Class l; of the California Environmental Quality Act ("CEQA"). A Notice, of Exemption will be prepared and filed with the County 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, April 20, 2011, mailed a copy of Notice of Public Hearing to be held on May 3, 2011, regarding a Conditional Use Permit Modification for Lubricating Specialties Company (LSC) located at 3365 Slauson Avenue, to the interested parties and owners on the attached list, by United States Mail with postage. Date: ao ergio Ca les, Planning Assistant State of California ) ) ss County of Los Angeles ) On / C �%% before me, ' G1/8174 Mf , notary public, personally appeared Sergio Canales w o proved to me on the basis of satisfactory evidence to be the person() whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheer executed the same in his4iff/dw4 authorized capacityO, and that by his/hei signatureO 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. ANA KARINA RUEDA Commission # 1900284 z o Notary Public - California D My�� � Los Angeles County �� Comm^E Expires A g19, 014 PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday, May 3, 2011 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 condition "n" of its existing conditional use permit that was issued on November 1, 2010. The proposed modification would permit LSC to temporary provide fire access'to the site from adjoining properties. Until such time as a permanent fire access road is constructed on the LAD.WP right-of-way. 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 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 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: 4/19/11 /s/ Willard Yamaguchi, City Clerk City•of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 ud MUZIi.�® "a°"d 0ane d1i'll" uoo tuna L9 x tutu 218WJO ap 0140 ll3 091-8/0Kgo AaaAd gIIM alggedtuoo ,,8/g e x „l ails lagel L.A. County Board of Supervisors Director of Planning James Hertl — Room 1390 320 W. Temple Street Los Angeles, CA 90012 South Coast Air Quality Mgmt District (AQMD) 21865 E. Copley Drive Diamond Bar, CA 91765 Brian Scanlon L.A. County Public Works Mapping & Property Mgmt. 900 S. Fremont Avenue, 1011 Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Bell, CA 90201 City of Cudahy Planning Department 5220 Santa Ana Street Cudahy, CA 90201 L.A. County Sanitation District P.O. Box 4998 Whittier, CA 90607 City of Maywood Planning Department 4319 Slauson Avenue Maywood, CA 90270 STAPLES_ Lucille Roybal-Allard Congresswoman 255 E. Temple St., Ste 1860 Los Angeles, CA 90012 Gloria Molina Board of Supervisors 500 W, Temple St:, Ste 856 Los Angeles, CA 90012 City of Long Beach Office of the City Manager 333 W. Ocean Blvd., 13rh floor Long Beach, CA 90802 i �'-F4eer California Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 L.A. Unified School District Office of Environmental Health & Safety 333 South Beaudry Ave., 20`h Floor Los Angeles, CA 90017 Attention: Glenn Striegler L.A. County Flood Control District 900 S. Fremont Avenue, 8`h Floor Alhambra, CA .91803 City of Los Angeles Planning Department 200 North Spring St. Los Angeles, CA 90012 Suk Chon County of Los Angeles Department of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 91802-1460 label size 1"x 2 5/8" compatible with Avery ©5160/8160 Etiquette de format 25 mm V F7 Mm John Kinas United States Aluminum 3663 Bandini Boulevard Vernon, CA 90023 Ms. Gutierrez 924 S. Mott Street Los Angeles, CA 90023 R—Title Mar E.J. Contreras Owens -Brockway 2901 Fruitland Avenue Vernon, CA 90058 James H. Hillands Heger Realty Corp. 5657 E. Washington Blvd. Los Angeles, CA 90040 Joseph R. Garruba California Portland Cement Co. 2025 E. Financial Way Glendora, CA 91740 Dave Karrker California Water Service 5243 E. Sheila Street Commerce, CA 90022 J.J. Little J.J. Little Company, Inc. 9945 Malgar Drive 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 UU IB/My '@ naany oana ajglladuloo ruru L9 x ruin 9Z teuaaot ap allenb!13 0$f8/09t9®faany QM alg!tedruoo ,,8/9 Z x „G az!s lagUl AT&T The Gas Company (So. Cal Gas Co.) 100 W. Alondra Blvd., Rm 202A So, Cal Edison P,O. Box 3150 Gardena, CA 90248 1924 Cashdan Street San Dimas, CA 91773 Attn: Leslie Donaldson Compton, CA 90220 Attn: Mike Frazier Burlington Northern Santa Fe Railroad 3770 E. Washington Blvd. Los Angeles, CA 90023 Attn: Dick Ebel Reynan L. Ledesma Department of Water & Power L.A. 111 N. Hope Street Los Angeles, CA 90012 Steve Miller Lubricating Specialties Company 8015 Paramount Boulevard Pico Rivera, CA 90660 L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Attn: Marion Alexander Regulo Rojas Lubricating Specialties Company 8015 Paramount Boulevard Pico Rivera, CA 90660 Cal -York Distribution Co. 3355 E. Slauson Avenue Vernon, CA 90058 Attn: Ron Anavim Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA 90270 Carlos Pena Lubricating Specialties Company 8015 Paramount Boulevard Pico Rivera, CA 90660 S.L. Home Fashions, Inc. 5601 S. Downey Road Vernon, CA 90058 Attn: Bhart Manwani I= label size 1" x 2 5/81, compatible with Avery ©5160/8160 Etiouette de format25 mm x F7 mm . m.,,:,.,_ _.._ . PAE"300' Radius Public Notification Boundary APN 6310-004-008 MAI-15 3365 E. Slauson Ave. October Vernon CA 90058 Page Page 1 of 2 of 2 JN 8354 6310-004-008 1 First Industrial Lp 6310-004-001 3 6310-004-014 898 N Sepulveda #750 Ramser Development Co P.O. BOX 21408 Karla G Cook 4 E1 Segundo CA 90245 Los Angeles CA 90021 5899 S Downey Vernon CA 90058 6310-004-015 5 Vernon Electro Llc 6310-004-010 6 6310-004-009 2825 Temple Cal York Real Estate Holdings Llc 3355 E Slauson g 7 Jose M Gonzalez Signal Hill CA 90755 Vernon CA 90058 601 W Kenneth Glendale CA 91202 6310-006-007 g 5801 Alcoa Avenue Llc 6310-006-013 9 6310-006-016 1737 Riverside Sandberg Furniture Manufacturing Co 3251 10 Abbe Tun y T Glendale CA 91201 E Slauson Los Angeles on 90058 g 134 W Rincon #P Campbell CA 95008 6310-006-014 11 Sandberg Furniture Manufacturing Co 5705 6310-008-009 a-ndberg Fa-m 12 Sandber Famil Llc g 6310-002-027 13 Alcoa Los Angeles CA 90058 y P.O. BOX 58291 Jed M & Rod G Kagan 5524 Alcoa Los Angeles CA 90058 Vernon CA 90058 -6310-002-026 14 Peikar Family Llc 6310-002-032 15 6310-002-033 211 S Beverly #214 Beverly Yin H Chang 5501 S Downey 16 F And D Properties Inc Hills CA 90212 Vernon CA 90058 P,O. Box 91594 City Of Industry CA 91715 6310-002-031 17 6310-004-012 18 Same As # 16 Downey 26 Lic 6310-027 028 19 5681 S Downey Welch's Overall Cleaning Co Inc Vernon CA 90058 47 S 9th Minneapolis MN 55402 6310-027-047 20 Lba Realty Fund Iii Company Iv G LIc 2235 Faraday #O 6310-027-048 21 Carlsbad CA 92008 Same As #20 The addresses below are provided for the optional use of staff to meet any minimum notification requirements 6310-002-010 X24 Jcj Family Ltd Ptnshp 6310-002-011 5207 S Downey Steven 5upowitz Vernon CA 90058 5496 Lindbergh Bell CA 90201 6310-002-009 X23 Kenneth D & Julia Z Uslan 1301 Carla Beverly Hills CA 90210 X25 6310-002-012 Julius L & Anita Zelman 1301 Carla Beverly Hills CA 90210 X26 . 6310-002-013 Fruitland Frieds Llc 21201 Victory #225 Canoga Path CA ' 91303 6310-002-016 Stephen S Sobul 12100 Wilshire #1150 Los Angeles CA 90025 X27 6310-002-014 X28 D And E Investment Properties Llc 5201 S Downey Vernon CA 90058 X30 6310-002-022 John Cardenas 339 W Norman Arcadia CA 91007 6310-002-024 X33 Kudenoff Kroener Family Ptnshp P,O. BOX 2010 Paso Robles CA 93447 6310-002-029 5353 Downey Assoc 9595 Wilshire #401 Beverly Hills CA 90212 6310-008-002 Karguval Properties Ltd 12011 San Vicente #700 Los Angeles CA 90049 6310-008-007 Anwar & Yasmeen Gajiani 4741 E Copa De Oro Anaheim CA 92807 6310-027-022 Boyle Ave LI, 1400 E Olympic #200 Los Angeles CA 90021 6310-027-027 Vest Inc 6023 Alcoa Vernon CA 90058 6310-027-03 6 Mfc Realty Partnership 6180 Alcoa Vernon CA 90058 6310-002-025 Ben Friend 10717 Wilshire #801 Los Angeles CA 90024 6310-002-015 X29 Fruitland Assoc 3336 Fruitland Los Angeles CA 90058 X31 .310-002-023 Ernest C & Suzanna Kroener 2 P.O. BOX 2010 Paso Robles CA 93447 X34 6310-002-028 Onnie Benchetrit X35 5496 Lindbergh Bell CA 90201 X36 6310-002-035 X37 Vernon Investors Llc 6310-002-270 P.O. BOX 58368 L A City Dept Of Water And Power Los Angeles CA 90058 P.O. BOX 51 lit Rm 633 Los Angeles CA 90051 X39 6310-008-005 X40 Rrr Real Estate Co Llc 6310-008-006 X41 51$1 Alcoa Xa Partners Llc Vernon CA 90058 2500 Michelson #200 Irvine CA 92612 X42 6310-008-008 Joel Friedman X43 6310-008-010 X44 3675 Locicsley Century Cast Plate Inc Pasadena CA 91107 3200 Fruitland Vernon CA 90058 X45 63I0-027-023 Imperial Real Estate Holdings g P 6310-027 026 X47 1525 S Broadway 59 91 Alcoa Assoc Llc Los Angeles CA 90015 601 W Olympic Montebello CA 90640 X48 6310-027-030 X49 6062 Alcoa Realty Lp 6310-027 031 X50 6062 Alcoa Pt X Llc Vernon CA 90058 5657 E Washing -ton Los Angeles CA 90040 X51 6310-027-037 Slauson Distribution Center Ltd 2 63I0-027 039 X53 11400 W Olympic #860 RCC1 Los Angeles CA 90064 5970 Alcoa Vernon CA 90058 6310-027-041 X54 Lba Realty Fund Iii Company Iv G Llc 2235 Faraday #0 Carlsbad CA 92008 '�iasfexxx 6rurup ubf rafinxts, PMxte- 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: APRIL 21, 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 21.0-tday of APRIL, 2011. This space is for the County Clerk's Filing Stamp CITY OF VERNON Proof of Publication of Notice of Public Hearing: Tuesday, May 3. 2011 ... Lubricating Specialties Company (LSC) ... 3365 Slauson Avenue ignature OF FOR 4305 Santa Fe Avenue City of Vernon Vernon, CA 90058 . ` y (323) 583-8811 NOTICE OF PUBLIC HEARING 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, May 3, 2011 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 condition"n of its existing conditional use permit that was issued on November 1, 2010. The proposed modification would permit LSC to temporary provide fire access to the site from adjoining properties. Until such time as a permanent fire access road is constructed on the LADWP right-of-way. 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 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: 4/19/11 /s/ Willard Yamaguchi, City Clerk