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Resolution No. 2014-017RESOLUTION NO. 2014-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING AN AMENDMENT TO A CONDITION OF APPROVAL TO THE CONDITIONAL USE PERMIT FOR MERCO GROUP-2529 SANTA FE AVENUE, LLC FOR THE OPERATION OF A RETAIL/COMMERCIAL FACILITY LOCATED AT 2529 SANTA FE AVENUE IN THE CITY OF VERNON WHEREAS, the property owner, Merco Group-2529 Santa Fe Avenue, LLC (the "Applicant") is requesting an amendment to the existing Conditional Use Permit ("CUP") to permit operations on Sunday, and to extend permissible hours of operation to be from 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week; and WHEREAS, the original CUP was granted on February 15, 2006, by Resolution No. 8946 and amended on January 7, 2008, by Resolution No. 9516 and further amended on August 7, 2012, by Resolution No. 2012-150; and WHEREAS, the City Council of the City of Vernon held a properly noticed public hearing on this requested amendment to the conditions of approval to the CUP on May 6, 2014; and WHEREAS, the project site is located in the (C) Overlay District of the I -Zone, Industrial; and WHEREAS, retail, commercial, and office uses are permitted in the CM -Zone, with the approval of 'a CUP; and WHEREAS, the Applicant is not proposing any structural alterations or modifications to the existing building, and only plans to allow interior tenant improvements; and WHEREAS, the proposed site is surrounded by commercial, 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 issuance of a new CUP for a retail/commercial facility is permissible and is consistent with the objectives of the Comprehensive Zoning Ordinance and the General Plan; and WHEREAS, City staff has determined that the proposed amendment will not result in any significant environmental changes to Applicant'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 amendment; and WHEREAS, the City Council has received a Staff Report, dated May 6, 2014, upon which it has relied in making the foregoing recitals; and WHEREAS, the conditions imposed on the CUP approved under Resolution No, 8946 and 9516, as modified or added to by this resolution, are adequate to protect the public health, safety and general warfare and shall remain in full force. 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 hereby finds and determines that the above recitals 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 an amendment to the - 2 - Conditional Use. Permit ("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, Existing Facilities, because no physical changes other than minor interior tenant improvements will occur as a result of the approval, and no significant impact to the environment will occur as a result of the issuance of the Conditional Use Permit. 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, or Deputy 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: A new CUP is hereby issued. Issuance of the CUP is proper, as the City Council hereby makes the following findings, as required by Section 26.6.3-4 of the Vernon Municipal Code: a. The lot for the proposed use is adequate in size, shape and topography, including any required drainage and landscaping; The lot has been utilized as a retail/commercial facility and will continue to be used for the same purpose by the owner. The lot has easy street access, and parking that meets legal requirements. The lot for the proposed use is adequate in size, shape, and topography for a retail/commercial facility because the owner has not proposed any changes to.the size, shape or topography of the existing site, but is - 3 - merely requesting extensions of the days and business hours. Expanding the hours of use at the very early morning and very late at night are times of the day when there is little traffic, and limited need for on -site parking; thus, the proposed modifications will not negatively affect the sufficiency of the lot size, shape, topography, drainage or landscaping. b. The use permitted under the conditional use permit will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the lot in question; The lot has been utilized as a retail/commercial facility and the issuance of the conditional use permit amendment without significant issues, and the amended CUP will not cause or allow any changes to the use or exterior modifications to the structure that would adversely affect the residents or property owners in the vicinity. Furthermore, the conditions on the issuance of the CUP to require the owner to maintain a parking monitor to ensure that patrons will mitigate any existing impacts on neighboring properties. C. The proposed use will be compatible with the permitted uses of surrounding and adjacent properties; The proposed project is a request to continue the operation of a pre-existing retail/commercial operation. No material changes to the use or structure is proposed. The pre-existing retail/commercial facility will in no way negatively impact neighboring properties, because the proposed site has been surrounded by commercial, industrial and warehousing uses that are compatible with the proposed use and will continue to be used for the same purpose. d. The lot has adequate off-street parking and loading facilities for the proposed use; The proposed project will continue - 4 - the operation of a pre-existing retail/commercial operation. No material changes to the use or structure is proposed. Merely expanding the permissible hours of operation of an already permitted retail/commercial facility will not negatively impact neighboring properties, because the site is surrounded by commercial, industrial and warehousing uses that are compatible with the proposed use and will continue to be used for the same purpose. e. 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, including the city's policy considerations as to acceptable uses in the city; The use, as to location, operation and design, is consistent with the objectives of the Vernon Zoning Code and General Plan. The proposed site is designed to support the industrial and manufacturing uses by providing a convenient facility for employees to dine and shop. Therefore, the use is consistent with Vernon Zoning Code and General Plan as the amendment of the CUP will ensure zoning capability. Additionally, the amendment of the CUP will be consistent with the goals and policies of the General Plan of encouraging industrial uses in the City. Providing commercial venues during expanded hours will support those employees that must work Sundays or "graveyard" shifts. f. The use is consistent with all applicable county, state, and federal laws, rules and regulations; The proposed use is consistent with all applicable local, County, State and Federal laws, rules and regulations as conditioned below. g. The proposed use will not adversely affect the general welfare as a result of noise, increased traffic, interference with the flow of traffic, dust, or other undesirable characteristics; The - 5 - commercial use is not changing with the CUP. amendment. The changes to the hours of operations will not adversely impact the level of service of the existing road system because the hours of operation are on the days when there is the least congestion. Additionally, various conditions are imposed to ensure the project does not cause excess noise or impede traffic flow, such as anti -loitering and anti -crime precautions. Therefore, the general welfare of the community will not be adversely impacted. A traffic study was previously done, which considered this as a possible use. h. The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare; The conditions imposed on the Project are necessary to protect the public health, safety and general welfare. SECTION 6: In order to adequately protect the public health and general welfare, it is recommended that the current conditions of approval as set forth in Resolution No. 8946 and 9516 remain with the exception that condition "e" and "x" be amended to read as follows: G. The Project shall be operated in a manner that will not impede traffic on Santa Fe Avenue or 25th Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking associated with the Project shall take place offsite or on the public street without prior approval from the Community Services Department. If at any time, it is determined by the Director of Community Services & Water that the parking provided on -site does not meet the Project's parking demands, upon 60 days written notice, and at the end of the 60 days, to meet the Project's parking demand the property owner shall be required to provide additional off -site parking or reduce the onsite parking demand. The Director of - 6 - Community Services & Water retains authority to determine whether the additional off -site parking adequately meets the Project's parking demands, and the Applicant shall cooperatively work with the Director of Community Services & Water to ensure adequate parking options for the Project's parking demands. X. The Project's hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 4:00 a.m. to 12:00 a.m. (midnight) 7 days a week. SECTION 7: To adequately protect the public health and general welfare, conditions dd, ee, ff, gg, hh, ii and jj are hereby added to Section 3 of Resolution No. 8946 to provide as follows: "dd. The property owner 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 proceedings. The City of Vernon does not waive its right to participate in the defense of any such action. ee. Not later than twenty (20) days from the date of approval of this conditional use permit, the property owner, shall indicate, in writing, its acceptance of and agreement with the conditions herein. The conditional; use permit shall be void and of - 7 - no force or effect unless such written acceptance and agreement is submitted the City within the twenty -day period. ff. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City of Vernon to void this conditional use permit, or take appropriate enforcement action, including citation and or fines for a violation. gg. A security guard or parking attendant shall be provided between the hours of 11 a.m. and 2 p.m. to ensure that patrons of any use located at 2529 Santa Fe Avenue are not utilizing parking facilities on adjoining properties. The security guard or parking attendant shall warn violators that failure to remove vehicles parked without permission on neighboring properties will cause the vehicles to be subject to possible towing. If, during any particular one hour block on any given day of the week, over a period of four consecutive such days (e.g. four consecutive Saturdays), 90% of the designated parking spaces are occupied, then, in addition to the hours of 11 a.m. through 2 p.m., a security guard or parking attendant shall be provided until such time as the Director of Community Services & Water determines in writing either that during said hour block, less than 65% of the designated parking spaces are occupied, or that alternate measures will be taken to sufficiently limit any adverse parking effects on neighboring properties. hh. At the request of the property owners of the immediately adjacent properties, install signs of a reasonable size and expense that state "Unauthorized vehicles will be towed at the owner's expense, Section 22658 CVC (Towing Company Phone (XXX) XXX- XXXX). City of Vernon Police (323) 587-5171." - 8 - ii. A surveillance camera system shall be installed and operated on a 24 hour basis to monitor and record no less than the outside perimeter of the site itself, any public sidewalk or other public spaces immediately adjacent to the perimeter of the lot, and all parking areas of the site. jj. A sign of no less than 4 square feet in size shall be prominently posted in the window of any business operating before 5 a.m., or after 10 p.m. which states, "LOITERING PROHIBITED BY LAW." SECTION 8: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of May, 2014. Name: W. Michael McCormick Title: Mayor /Iagar—Rre�eg ATTEST: Ana Ba a 'may-- / Deputy City Clerk APPROVED AS TO FORM: Scott E. Porter, Deputy City Attorney 9 I- STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Aria Barcia City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-17, 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 6, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of May, 2014, at Vernon, California. (SEAL) - 10 - A arai � / Deputy City Clerk TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 7, 2014 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2014-17 — A Resolution of the City Council of the City of Vernon Granting an Amendment to the Conditional Use Permit for Merco Group-2529 Santa Fe Avenue, LLC for the Operation of a Retail/Commercial Facility Located at 2529 Santa Fe Avenue in the City of Vernon Transmitted herewith is a copy of Resolution No. 2014-17 referenced above, which was approved by City Council on May 6, 2014. Thank you. Attachment c: Sergio Canales Resolution No. 2014-17 STAFF REPORT STAFF REPORT RECEIVED MAY 0 6 2014 CITY CLERK'S OFFICE COMMUNITY SERVICES & WATER DEPARTMENT DATE: May 6, 2014 (REVISED) TO: Honorable Mayor and City Council PREPARED BY: Sergio Canales, Planning Assistant APPROVED BY: Samuel Kevin Wilson, Director of Community Services & Water RE: Conditional Use Permit Amendment for Merco Group-2529 Santa Fe Avenue, LLC (Merco Group) at 2529 Santa Fe Avenue It is recommended that the City Council adopt a resolution that: 1) Finds that approval of the Conditional Use Permit proposed in this staff report is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 1, Section 15301 because no physical changes other than minor interior tenant improvements will occur as a result of this approval, and no significant impact to the environment will occur as a result of the issuance of the CUP. 2) Amends the conditional use permit for a retail center at 2529 Santa Fe Avenue granted under Resolution No. 2013-150 to allow the days and hours for the operations to be extended, and to add or revise conditions of approval. BACKGROUND On February 15, 2006, via Resolution No. 8946, the City Council issued a Conditional Use Permit ("CUP") to operate a retail/commercial facility at 2529 Santa Fe Avenue. On January 7, 2008 by Resolution No. 9516, the City Council amended the CUP to allow a sit-down restaurant with alcohol consumption. On August 7, 2012 by Resolution No. 2013-150, City Council again amended the CUP to allow the operating hours to be extended. The property owner of 2529 Santa Fe Avenue (Santa Fe Plaza), Merco Group-2529 Santa Fe Avenue, LLC (the "Applicant"), has submitted yet another CUP application requesting further amendment to condition of approval "x" to the CUP approved on August 7, 2012 by Resolution No. 2012-150, which states: X. The Applicant's hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 5:00 a.m. to I0:00p.m. Monday thru Saturday. The Applicant wishes to allow all businesses to be open Sunday. In addition, the Applicant requests that the CUP be revised to extend the permissible business hours from 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. Staff recommends the City Council approve the CUP, with additional conditions. PROJECT SITE The lot is approximately 70,281 square feet and consists of two one-story buildings totaling exactly 15,000 square feet (inclusive of patio space). A restaurant, Trattoria 25, occupies approximately 4,702 square feet of indoor area and 900 square feet of outdoor patio area. The remaining 9,398 square feet are currently unoccupied. The project site is supported by an existing 96 stall surface parking lot and two truck parking/loading stalls. The Applicant's intends to locate a Circle K convenience store on the property to occupy 2,000 of the empty 9,398 square feet. The Applicant does not yet have plans for the remaining 7,398 square feet. The Applicant has stated that Circle K would only operate a store in this location if the permissible hours of operation were expanded as requested. The Applicant has indicated that it does not plan to expand or structurally alter the existing building, although indoor renovations are expected. Parking and Traffic Before the original CUP was issued, a parking study was created. That study determined that, pursuant to the ITE Parking Generation Manual, 96 parking spaces were required. The development plan approved for the original CUP provided exactly 96 spaces. Because the use of the property is not changing, the number of required parking spaces will remain the same The property owner proposes to utilize a combination of services to monitor the parking facility (including the 30 minute parking spaces) by way of periodic monitoring through the use of security cameras, security services and peak time parking attendants. Vehicles abusing the facility would first be given notice and towed at owner expense. The project site has two driveways that access the site, one located on 251h Street and the other on Santa Fe Avenue. Trucks and automobiles accessing the site will share these driveways. Santa Fe Avenue is 80 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. 25`h Street is 60 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. The traffic analysis that was conducted when the original project was approved evaluated the traffic impacts at the adjacent intersection. The analysis was conducted for both the morning and evening peak periods. According to that study, traffic operations in the surrounding area would not be adversely affected by the moderate increase in traffic volumes expected to be generated by the proposed project. The proposed expansion of hours into the times of the day where there is the least traffic is not expected to detrimentally impact traffic flow. The current permitted parking capacity of 96 parking stalls would not increase, as it is expected to be sufficient to accommodate proposed tenants, regardless of the hours of operation. The vehicular trips that would be generated by the proposed extension of days and business hours will not cause the level of service of the surrounding intersections to be significantly impacted. Therefore, the project site is of adequate size, shape and topography for the proposed operation. ZONING AND GENERAL PLAN CONSISTENCY The proposed use is in accordance with the General Plan. Section 26.4.2-3(a & b) of the Comprehensive Zoning Ordinance allows retail and commercial uses in the (C) Overlay District of the I -Zone with a conditional use permit. Further, it is consistent with Policy LU-1.2 of the element because it allows the commercial use, but only with the CUP: "LU-1.2. Permit only those non -industrial uses, such as commercial and retail uses which are necessary to support industry, and its employees or as required by State law. Limit such uses to the commercial overlay district, and permit only with a Conditional Use Permit". The proposed policy is also consistent with the Zoning Code because the site is within the (C) Overlay District of the I -Zone, Industrial. The proposed commercial uses will serve industrial uses and their employees. Commercial uses will remain a secondary use within Vernon. CEOA ANALYSIS The issuance of the CUP is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301, because it is an existing structure involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; the only expected construction would be interior tenant improvements. Furthermore, the proposed site is surrounded by commercial, industrial and warehousing uses that are compatible with the proposed use, and which would not be detrimentally impacted by expanded hours of operation. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project, particularly because conditions include the installation of security cameras and signs prohibiting loitering. Last, and most importantly, the use is already authorized, and the mere expansion of the hours of operation to times when traffic and noise are already lower than the norm will not have any significant effect on the environment. A Notice of Exemption will be prepared and filed with the County Clerk. STATE OR FEDERAL CONDITIONS All Federal, State, and local regulatory permits shall be obtained as required for the operation. STAFF FINDINGS A conditional use permit shall only be granted if the following findings as required by Section 26.6.3- 4 of the Vernon Zoning Code can be made. Staff concludes that the following findings can be made, and recommends that they be made in the following manner: a. The lot for the proposed use is adequate in size, shape and topography, including any required drainage and landscaping; The lot has been utilized as a retail/commercial facility and will continue to be used for the same purpose by the owner. The lot has easy street access, and parking that meets legal requirements. The lot for the proposed use is adequate in size, shape, and topography for a retail/commercial facility because the owner has not proposed any changes to the size, shape or topography of the existing site, but is merely requesting extensions of the days and business hours. Expanding the hours of use at the very early morning and very late at night are times of the day when there is little traffic, and limited need for on -site parking; thus, the proposed modifications will not negatively affect the sufficiency of the lot size, shape, topography, drainage or landscaping. b. The use permitted under the conditional use permit will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the lot in question; The lot has been utilized as a retail/commercial facility and the issuance of the conditional use permit amendment without significant issues, and the amended CUP will not cause or allow any changes to the use or exterior modifications to the structure that would adversely affect the residents or property owners in the vicinity. Furthermore, the conditions on the issuance of the CUP to require the owner to maintain a parking monitor to ensure that patrons will mitigate any existing impacts on neighboring properties. C. The proposed use will be compatible with the permitted uses of surrounding and adjacent properties; The proposed project will continue the operation of a pre-existing retail/commercial operation. No material changes to the use or structure is proposed. Merely expanding the permissible hours of operation of an already permitted retail/commercial facility will not negatively impact neighboring properties, because the site is surrounded by commercial, industrial and warehousing uses that are compatible with the proposed use and will continue to be used for the same purpose. d. The lot has adequate off-street parking and loading facilities for the proposed use, The existing building at 2529 Santa Fe Avenue was constructed with ninety-six stall surface parking lot and two truck parking/loading stalls which met the requirements of the code when it was permitted. The total square footage of the project site that was first approved will not be changing and the parking required remains unchanged. The number of stalls required to be provided was based on the ITE Parking Generation Manual. No structural alterations are proposed. Expansion of hours into the early morning, late evening, and Sundays will not negatively impact parking and loading, because during those hours, there is expected to be considerable parking and loading spaces available. e. 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, including the city's policy considerations as to acceptable uses in the city; The use, as to location, operation and design, is consistent with the objectives of the Vernon Zoning Code and General Plan. The proposed site is designed to support the industrial and manufacturing uses by providing a convenient facility for employees to dine and shop. Therefore, the use is consistent with Vernon Zoning Code and General Plan as the amendment of the CUP will ensure zoning capability. Additionally, the amendment of the CUP will be consistent with the goals and policies of the General Plan of encouraging industrial uses in the City. Providing commercial venues during expanded hours will support those employees that must work Sundays or "graveyard" shifts. f. The use is consistent with all applicable county, state, and federal laws, rules and regulations; The proposed use is consistent with all applicable local, County, State and Federal laws, rules and regulations as conditioned below. g. The proposed use will not adversely affect the general welfare as a result of noise, increased traffic, interference with the flow of traffic, dust, or other undesirable characteristics; The commercial use is not changing with the CUP amendment. The changes to the hours of operations will not adversely impact the level of service of the existing road system because the hours of operation are on the days when there is the least congestion. Additionally, various conditions are imposed to ensure the project does not cause excess noise or impede traffic flow, such as anti -loitering and anti -crime precautions. Therefore, the general welfare of the community will not be adversely impacted. A traffic study was previously done, which considered this as a possible use. h. The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. The conditions imposed on the Project are necessary to protect the public health, safety and general welfare. It is recommended that the current conditions of approval as approved in Resolution No. 8946 and 9516 remain with the exception that condition "e" and "x" be amended to read as follows: e. The Project shall be operated in a manner that will not impede traffic on Santa Fe Avenue or 25a' Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking associated with the Project shall take place offsite or on the public street without prior approval from the Community Services Department. If at any time, it is determined by the Director of Community Services & Water that the parking provided on -site does not meet the Project's parking demands, upon 60 days written notice, and at the end of the 60 days, to meet the Project's parking demand the property owner shall be required to provide additional off -site parking or reduce the onsite parking demand. The Director of Community Services & Water retains authority to determine whether the additional off -site parking adequately meets the Project's parking demands, and the Applicant shall cooperatively work with the Director of Community Services & Water to ensure adequate parking options for the Project's parking demands. X. The Project's hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. The following additional conditions will be added as conditions dd, ee, ff, gg, hh, and ii: dd. The property owner 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 proceedings. The City of Vernon does not waive its right to participate in the defense of any such action. ee. Not later than twenty (20) days from the date of approval of this conditional use permit, the property owner shall indicate, in writing, its acceptance of and agreement with the conditions herein. The conditional; use permit shall be void and of no force or effect unless such written acceptance and agreement is submitted to the City within the twenty - day period. ff. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City of Vernon to void this conditional use permit, or take appropriate enforcement action, including citation and or fines for a violation. gg. A security guard or parking attendant shall be provided between the hours of 11 a.m. and 2 p.m. to ensure that patrons of any use located at 2529 Santa Fe Avenue are not utilizing parking facilities on adjoining properties. The security guard or parking attendant shall warn violators that failure to remove vehicles parked without permission on neighboring properties will cause the vehicles to be subject to possible towing. If, during any particular one hour block on any given day of the week, over a period of four consecutive such days (e.g. four consecutive Saturdays), 90% of the designated parking spaces are occupied, then, in addition to the hours of 11 a.m. through 2 p.m., a security guard or parking attendant shall be provided until such time as the Director of Community Services & Water determines in writing either that during said hour block, less than 65% of the designated parking spaces are occupied, or that alternate measures will be taken to sufficiently limit any adverse parking effects on neighboring properties. hh. At the request of the property owners of the immediately adjacent properties, install signs of a reasonable size and expense that state "Unauthorized vehicles will be towed at the owner's expense, Section 22658 CVC (Towing Company Phone (XXX) XXX-XXXX). City of Vernon Police (323) 587-5171." ii. A surveillance camera system shall be installed and operated on a 24 hour basis to monitor and record no less than the outside perimeter of the site itself, any public sidewalk or other public spaces immediately adjacent to the perimeter of the lot, and all parking areas of the site. jj. A sign of no less than 4 square feet in size shall be prominently posted in the window of any business operating before 5 a.m., or after 10 p.m. which states, "LOITERING PROHIBITED BY LAW." SUPPORTING DOCUMENTS et'I` A YUvvvV - j eF((� {�o+� F y�v0 rS.ca Si 6ti d/'� v/v Ica wr &* t rceff' VCE bc- -'�ccUc-mw �M&v' Griag NI RM -bvFING il[(- Fvsi40K&X CUey-avy Y3 VC4c ►99' Te WgO-T- t CCS A&D ( MSK4 = '17"DL I/6� ffY d� U6VAloo IS Oy)Zc.TIylr-, cxmr-16ucco ,_. 411 l City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 The City Council of 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 6, 2014 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Merco Group — 2529 Santa Fe Avenue, LLC REQUEST: Merco Group-2529 Santa Fe Avenue, LLC is requesting its existing conditional use permit (granted under Resolution No. 2013-150) be amended to allow all businesses on the lot to be open Sunday and to extend the permissible business hours from 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. PROPERTY 2529 Santa Fe Avenue (Santa Fe Plaza), Vernon, CA 90058 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, CA 90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. PROPOSED Staff plans to recommend that the Vernon City Council determine that CEQA the proposal will not have a significant effect on the environment and is FINDING: exempt from the California Environmental Quality Act (CEQA). The conditions imposed on the conditional use permit are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the conditional use permit 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 or cancelled and resc uled to a stated time and place without further notice of a public hearing. Dated: Z( 2 �9 Ana Barcia, eputy City Cler (;E1 ({UIUIII'd411 i,IiI STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT V DATE: May 6, 2014 TO: Honorable Mayor and City Council PREPARED BY: Sergio Canales, Planning Assistant APPROVED BY: Samuel Kevin Wilson, Director of Community Services & Water RE: Conditional Use Permit Amendment for Merco Group-2529 Santa Fe Avenue, LLC (Merco Group) at 2529 Santa Fe Avenue RECOMMENDATION It is recommended that the City Council adopt a resolution that: 1) Finds that approval of the Conditional Use Permit proposed in this staff report is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 1, Section 15301 because no physical changes other than minor interior tenant improvements will occur as a result of this approval, and no significant impact to the environment will occur as a result of the issuance of the CUP. 2) Amends the conditional use permit for a retail center at 2529 Santa Fe Avenue granted under Resolution No. 2013-150 to allow the days and hours for the operations to be extended, and to add or revise conditions of approval. BACKGROUND On February 15, 2006, via Resolution No. 8946, the City Council issued a Conditional Use Permit ("CUP") to operate a retail/commercial facility at 2529 Santa Fe Avenue. On January 7, 2008 by Resolution No. 9516, the City Council amended the CUP to allow a sit-down restaurant with alcohol consumption. On August 7, 2012 by Resolution No. 2013-150, City Council again amended the CUP to allow the operating hours to be extended. The property owner of 2529 Santa Fe Avenue (Santa Fe Plaza), Merco Group-2529 Santa Fe Avenue, LLC (the "Applicant'), has submitted yet another CUP application requesting further amendment to condition of approval "x" to the CUP approved on August 7, 2012 by Resolution No. 2012-150, which states: X. The Applicant's hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 5:00 a. m. to 10: 00 p. m. Monday thru Saturday. The Applicant wishes to allow all businesses to be open Sunday. In addition, the Applicant requests that the CUP be revised to extend the permissible business hours from 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. Staff recommends the City Council approve the CUP, with additional conditions. PROJECT SITE The lot is approximately 70,281 square feet and consists of two one-story buildings totaling exactly 15,000 square feet (inclusive of patio space). A restaurant, Trattoria 25, occupies approximately 4,702 square feet of indoor area and 900 square feet of outdoor patio area. The remaining 9,398 square feet are currently unoccupied. The project site is supported by an existing 96 stall surface parking lot and two truck parking/loading stalls. The Applicant's intends to locate a Circle K convenience store on the property to occupy 2,000 of the empty 9,398 square feet. The Applicant does not yet have plans for the remaining 7,398 square feet. The Applicant has stated that Circle K would only operate a store in this location if the permissible hours of operation were expanded as requested. The Applicant has indicated that does not plan to expand or structurally alter the existing building, although indoor renovations are expected. Parking and Traffic Before the original CUP was issued, a parking study was created. That study determined that, pursuant to the ITE Parking Generation Manual, 96 parking spaces were required. The development plan approved for the original CUP provided exactly 96 spaces. Because the use of the property is not changing, the number of required parking spaces will remain the same The property owner proposes to utilize a combination of services to monitor the parking facility (including the 30 minute parking spaces) by way of periodic monitoring through the use of security cameras, security services and peak time parking attendants. Vehicles abusing the facility would first be given notice and towed at owner expense. The project site has two driveways that access the site, one located on 25'h Street and the other on Santa Fe Avenue. Trucks and automobiles accessing the site will share these driveways. Santa Fe Avenue is 80 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. 25`h Street is 60 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. The traffic analysis that was conducted when the original project was approved evaluated the traffic impacts at the adjacent intersection. The analysis was conducted for both the morning and evening peak periods. According to that study, traffic operations in the surrounding area would not be adversely affected by the moderate increase in traffic volumes expected to be generated by the proposed project. The proposed expansion of hours into the times of the day where there is the least traffic is not expected to detrimentally impact traffic flow. The current permitted parking capacity of 96 parking stalls would not increase, as it is expected to be sufficient to accommodate proposed tenants, regardless of the hours of operation. The vehicular trips that would be generated by the proposed extension of days and business hours will not cause the level of service of the surrounding intersections to be significantly impacted. Therefore, the project site is of adequate size, shape and topography for the proposed operation. ZONING AND GENERAL PLAN CONSISTENCY The proposed use is in accordance with the General Plan. Section 26.4.2-3(a & b) of the Comprehensive Zoning Ordinance allows retail and commercial uses in the (C) Overlay District of the I -Zone with a conditional use permit. Further, it is consistent with Policy LU-1.2 of the element because it allows the commercial use, but only with the CUP: "LU-1.2. Permit only those non -industrial uses, such as commercial and retail uses which are necessary to support industry, and its employees or as required by State law. Limit such uses to the commercial overlay district, and permit only with a Conditional Use Permit". The proposed policy is also consistent with the Zoning Code because the site is within the (C) Overlay District of the I -Zone, Industrial. The proposed commercial uses will serve industrial uses and their employees. Commercial uses will remain a secondary use within Vernon. . CEQA ANALYSIS The issuance of the CUP is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301, because it is an existing structure involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; the only expected construction would be interior tenant improvements. Furthermore, the proposed site is surrounded by commercial, industrial and warehousing uses that are compatible with the proposed use, and which would not be detrimentally impacted by expanded hours of operation. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project, particularly because conditions include the installation of security cameras and signs prohibiting loitering. Last, and most importantly, the use is already authorized, and the mere expansion of the hours of operation to times when traffic and noise are already lower than the norm will not have any significant effect on the environment. A Notice of Exemption will be prepared and filed with the County Clerk. STATE OR FEDERAL CONDITIONS All Federal, State, and local regulatory permits shall be obtained as required for the operation. STAFF FINDINGS A conditional use pertnit shall only be granted if the following findings as required by Section 26.6.3- 4 of the Vernon Zoning Code can be made. Staff concludes that the following findings can be made, and recommends that they be made in the following manner: a. The lot for the proposed use is adequate in size, shape and topography, including any required drainage and landscaping; The lot has been utilized as a retail/commercial facility and will continue to be used for the same purpose by the owner. The lot has easy street access, and parking that meets legal requirements. The lot for the proposed use is adequate in size, shape, and topography for a retail/commercial facility because the owner has not proposed any changes to the size, shape or topography of the existing site, but is merely requesting extensions of the days and business hours. Expanding the hours of use at the very early morning and very late at night are times of the day when there is little traffic, and limited need for on -site parking; thus, the proposed modifications will not negatively affect the sufficiency of the lot size, shape, topography, drainage or landscaping. b. The use permitted under the conditional use permit will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the lot in question; The lot has been utilized as a retail/commercial facility and the issuance of the conditional use permit amendment without significant issues, and the amended CUP will not cause or allow any changes to the use or exterior modifications to the structure that would adversely affect the residents or property owners in the vicinity. Furthermore, the conditions on the issuance of the CUP to require the owner to maintain a parking monitor to ensure that patrons will mitigate any existing impacts on neighboring properties. C. The proposed use will be compatible with the permitted uses of surrounding and adjacent properties; The proposed project will continue the operation of a pre-existing retail/commercial operation. No material changes to the use or structure is proposed. Merely expanding the permissible hours of operation of an already permitted retail/commercial facility will not negatively impact neighboring properties, because the site is surrounded by commercial, industrial and warehousing uses that are compatible with the proposed use and will continue to be used for the same purpose. d. The lot has adequate off-street parking and loading facilities for the proposed use, The existing building at 2529 Santa Fe Avenue was constructed with ninety-six stall surface parking lot and two truck parking/loading stalls which met the requirements of the code when it was permitted. The total square footage of the project site that was first approved will not be changing and the parking required remains unchanged. The number of stalls required to be provided was based on the ITE Parking Generation Manual. No structural alterations are proposed. Expansion of hours into the early morning, late evening, and Sundays will not negatively impact parking and loading, because during those hours, there is expected to be considerable parking and loading spaces available. e. 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, including the city's policy considerations as to acceptable uses in the city; The use, as to location, operation and design, is consistent with the objectives of the Vernon Zoning Code and General Plan. The proposed site is designed to support the industrial and manufacturing uses by providing a convenient facility for employees to dine and shop. Therefore, the use is consistent with Vernon Zoning Code and General Plan as the amendment of the CUP will ensure zoning capability. Additionally, the amendment of the CUP will be consistent with the goals and policies of the General Plan of encouraging industrial uses in the City. Providing commercial venues during expanded hours will support those employees that must work Sundays or "graveyard" shifts. f. The use is consistent with all applicable county, state, and federal laws, rules and regulations; The proposed use is consistent with all applicable local, County, State and Federal laws, rules and regulations as conditioned below. g. The proposed use will not adversely affect the general welfare as a result of noise, increased traffic, interference with the flow of traffic, dust, or other undesirable characteristics; The commercial use is not changing with the CUP amendment. The changes to the hours of operations will not adversely impact the level of service of the existing road system because the hours of operation are on the days when there is the least congestion. Additionally, various conditions are imposed to ensure the project does not cause excess noise or impede traffic flow, such as anti -loitering and anti -crime precautions. Therefore, the general welfare of the community will not be adversely impacted. A traffic study was previously done, which considered this as a possible use. h. The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. The conditions imposed on the Project are necessary to protect the public health, safety and general welfare. CONDITIONS It is recommended that the current conditions of approval as approved in Resolution No. 8946 and 9516 remain with the exception that condition "e" and "x" be amended to read as follows: e. The Project shall be operated in a manner that will not impede traffic on Santa Fe Avenue or 25U' Street. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking associated with the Project shall take place offsite or on the public street without prior approval from the Community Services Department. If at any time, it is determined by the Director of Community Services & Water that the parking provided on -site does not meet the Project's parking demands, upon 60 days written notice, and at the end of the 60 days, the property owner shall be required to provide additional off -site parking to meet the Project's demands. The Director of Community Services & Water retains authority to determine whether the additional off - site parking adequately meets the Project's parking demands, and the Applicant shall cooperatively work with the Director of Community Services & Water to ensure adequate parking options for the Project's parking demands. X. The Applicant's hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. The following additional conditions will be added as conditions dd, ee, ff, gg, hh, and ii: dd. 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 proceedings. The City of Vernon does not waive its right to participate in the defense of any such action. ee. Not later than twenty (20) days from the date of approval of this conditional use permit, the Applicant shall indicate, in writing, its acceptance of and agreement with the conditions herein. The conditional; use permit shall be void and of no force or effect unless such written acceptance and agreement is submitted to the City within the twenty - day period. ff. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City of Vernon to void this conditional use permit, or take appropriate enforcement action, including citation and or fines for a violation. gg. A security guard or valet parking attendant shall be provided between the hours of 11 a.m. and 2 p.m. to ensure that patrons of any use located at 2529 Santa Fe Avenue are not utilizing parking facilities on adjoining properties. The security guard or valet parking attendant shall warn violators that failure to remove vehicles parked without permission on neighboring properties will cause the vehicles to be subject to possible towing. If, during any particular one hour block on any given day of the week, over a period of four consecutive such days (e.g. four consecutive Saturdays), 90% of the designated parking spaces are occupied, then, in addition to the hours of 11 a.m. through 2 p.m., a security guard or valet parking attendant shall be provided until such time as the Director of Community Services & Water determines in writing either that during said hour block, less than 65% of the designated parking spaces are occupied, or that alternate measures will be taken to sufficiently limit any adverse parking effects on neighboring properties. hh. At the request of the property owners of the immediately adjacent properties, install signs of a reasonable size and expense that state "Unauthorized vehicles will be towed at the owner's expense, Section 22658 CVC (Towing Company Phone (XXX) XXX-XXXX). City of Vernon Police (323) 587-5171." ii. A surveillance camera system shall be installed and operated on a 24 hour basis to monitor and record no less than the outside perimeter of the site itself, any public sidewalk or other public spaces immediately adjacent to the perimeter of the lot, and all parking areas of the site. jj. A sign of no less than 4 square feet in size shall be prominently posted in the window of any business operating before 5 a.m., or after 10 p.m. which states, "LOITERING PROHIBITED BY LAW." 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 Monday, April 28, 2014, mailed a copy of Notice of Public Hearing to be held on May 6, 2014, regarding a Conditional Use Permit for Merco Group — 2529 Santa Fe Avenue, LLC. located at 2529 Santa Fe Avenue, to the interested parties and agencies on the attached list, by United States Mail with postage. n fit/ Date: ` ergio Can s, Planning Assistant State of California ) ) ss County of Los Angeles ) OnA4d 10—F T;ml1/o notary,✓G' public, Personally appeared Sergio Canales who proved to me on the basil of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she4he5 executed the same in his4ier/4keif 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. MARISOL TRUJILLO WITNESS my hand and official seal. commission n tsta4t5 =,=a - NotaryPublic- California z " n z �"''' Los Angeles County (� My Comm. Expires Dee 23, 2014 ��� City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 The City Council of 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 6, 2014 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Merco Group — 2529 Santa Fe Avenue, LLC REQUEST: Merco Group-2529 Santa Fe Avenue, LLC is requesting its existing conditional use permit (granted under Resolution No. 2013-150) be amended to allow all businesses on the lot to be open Sunday and to extend the permissible business hours from 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. PROPERTY 2529 Santa Fe Avenue (Santa Fe Plaza), Vernon, CA 90058 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, CA 90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. PROPOSED Staff plans to recommend that the Vernon City Council determine that CEQA the proposal will not have a significant effect on the environment and is FINDING: exempt from the California Environmental Quality Act (CEQA). The conditions imposed on the conditional use permit are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the conditional use permit 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 or cancelled and rest uled to a stated time and place without further notice of a public hearing. Dated: Zf Ana Barcia, eputy City Cler 300' Radius - Public Notification Boundary APN 6302-008-010 2529 Santa Fe Ave. Vernon CA 90058 December 13, 2013 Page 1 of 1 JN 13185 6302-008-010 1 6302-068-009 • 2 6302-008-030 3 Merco Group 2529 Santa Fe Ave Llc Kum L & Li Chu Wu New TCB Corp 626 Wilshire #850 1012 Holly 2150 E 25th Los Angeles CA 90017 Arcadia CA 91007 Vernon CA 90058 6302-008-031 Jeffrey Brown 2707 Windover Corona Del Mar CA 92625 6302-008-018 Fan H & Su M Kuo 2018 S Santa Anita Arcadia CA 91006 6302-008-015 Same As Key #7 6302-004-026 Vidal & Lucia Rodriguez 11141 Ada Montclair CA 91763 5168-026-019 Beckenfeld Mickey Co Tr 1535 Carla Beverly Hills CA 90210 5168-026-015 Same As Key # 16 5167-008-030 Same As Key #21 4 6302-008-021 Lonnie & Karen Kane 756 Amalfi Pacific Plsds CA 90272 7 6302-008-019 Same As Key #7 10 6302-008-016 Same As Key #7 13 6302-004-011 SSY Tree Llc 2600 S Santa Fe Vernon CA 90058 16 5168-026-017 Same As Key #16 5 6302-008-020 6 Tai K & Susie S Park 132 Maple #302 Beverly Hills CA 90212 6302-008-014 9 8 Jean P Arslan 3520 S Main Los Angeles CA 90007 6302-008-017 12 II David Saidi 4101 Falling Leaf Encino CA 91316 14 6302-004-015 15 Jack & Yung J Yang 2424 E 26th Vernon CA 90058 17 5168-026-001 18 Same As Key #16 5168-020-900 20 19 Alameda Corridor Transportation 5772 Bolsa #210 Huntington Beach CA 92649 5167-008-031 23 22 Better Life Realty Llc 1325 S Olive Los Angeles CA 90015 5167-008-012 26 5167-008-016 25 Santa Fe Art Colony LP Same As Key #23 P.O. Box 25965 Shawnee Mission KS 66225 5167-008-013 21 Yousef & Pari N Ghodooshim 320 Crown Los Angeles CA 90049 5167-008-032 24 Same As Key #23 A1$31W4FjV08't tuorkeAtrmmm City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 ) wadu`doW P�e� ei �el�ngi ep up amqpeq et @ ze6daa Lucille Roybal-Allard Congresswoman 500 Citadel Drive, Ste 320 Commerce, CA 90040 L.A. County Board of Supervisors Director of Planning Gloria Molina James Hertl — Room 1390 Board of Supervisors 320 W. Temple Street 500 W. Temple St., Ste 856 Los Angeles, CA 90012 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, 101h Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Belt, 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 City of Los Angeles Planning Department 200 North Spring St. Los Angeles, CA 90012 iuou+ou+eq✓ ep suas City of Long Beach Office of the City Manager 333 W. Ocean Blvd., 13 th floor Long Beach, CA 90802 E.J. Contreras Owens -Brockway 2901 Fruitland Avenue Vernon, CA 90058 California Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 State Clearinghouse P.O. Box 3044 Sacramento, CA 95812-3044 L.A. County Flood Control District 900 S. Fremont. Avenue, 8th Floor Alhambra, CA 91803 awts 'M al zesili6 Aaled gsalpe;sMmblq 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. Los Angeles, CA 90040 Joseph R. Garruba California Portland Cement Co. 2025 E. Financial Way Glendora, CA 91740 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. 111h Street Los Angeles, CA 90021 Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA 90270 L.A. Unified School District So. Cal Edison Office of Environmental Health & Safety 1924 Cashdan Street 333 South Beaudry Ave., 20' Floor Compton, CA 90220 Los Angeles, CA 90017 Attn: Mike Frazier Attention: Glenn Striegler Suk Chon County of Los Angeles Department of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 91802-1460 Dave Karrker California Water Service . 5243 E. Sheila Street Commerce, CA 90022 T T w,a6p3 dn-dod esodjc6 redod paei T 609Lt ateldwal64any esn 1 e009L5 ®AMBAr/ 01 Gull 6uole pugs T slagel ®lead Ase3 k1l3AV-09" 00861 tuoyA BAe' MM Reynan L. Ledesma Department of Water & Power L.A. 111 N. Hope Street Los Angeles, CA 90012 ` undmdgl W� el ael;ABl a�ep suesN� ep uVe eintpeq el Q za0de9 AT&T 100 W. Alondra Blvd., Rm 202A Gardena, CA 90248 Attn: Leslie Donaldson Burlington Northern Santa Fe Railroad L.A. Junction Railroad 3770 E. Washington Blvd. 4433 Exchange Avenue Los Angeles, CA 90023 Vernon, CA 90058 Attn: Dick Ebel Attn: Marion Alexander a09*5 GA83" jfAgeu alzasllpn jeled g setpe; sewnbng The Gas Company (So. Cal Gas Co.) P.O. Box 3150 San Dimas, CA 91773 1 T m*6p3 dn•dod esod" Aeded peal T *%tE $AdWgL 6k0AMesn 1 @09Ls ®AMNAV ot.eun 0uole puee ♦ ! slagLq ®lead 6se3 Proof of Publication From: Bianca - Eastern Group <advertisegegpnews.com> Sent: Wednesday, April 23, 2014 5:27 PM To: Canales, Sergio Cc: Porter, Scott; Muro, Eva; Barcia, Ana Subject: Re: Publication of Notice of Public Hearing - Merco Group (Santa Fe Plaza) Hi Sergio, Confirming receipt. Cost: $225.00 The size is 2 columns by 4:5" totaling 9.0 column inches (ci). At $25.00 per ci, the total is $225.00 per date. Thank you, Bianca Sanchez, Office Manager for Jonathan Sanchez, Associate Publisher/COO Eastern Group Publications, Inc. 111 S. Avenue 59, Los Angeles, CA 90042-4211 tel 323-341-7970 / fax 323-341-7976 On 4/22/14 3:55 PM, "Canales, Sergio" <SCanales@)ci.vernon.ca.us> wrote: Hi Bianca, Please have the attached notice published once on Thursday, April 24, 2014 in the Vernon Sun. Also, please send the confirmation/proof of publication page to my attention. Thank you, Sergio CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 1 1335301-1 0016 1211912013 001 40 Miscellaneous MERCO GROUP $5,106.25 For Otndal Use Ooly Account No. 011.1041.410280 0 Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 Phone (323) 583-8811 Fax (323) 826-1435 CONDITIONAL USE PERMIT APPLICATION PLEASE PRINT OR TYPE SECTION 1— Project Information. Project Title: 5An1'iA its f I,A ZA Project Site Address: Z. S Z ft SQ n1TA lod A�/L Assessor Parcel Number (APN): 4302 -008 - 0 ►t) Zoning Designation: COMMOCA 1, Purpose of Conditional Use Permit Application: 'To AN+MierJa -nAe 0J25 0 OPQRA�7oa CLr7A)QCTl0A1 tXnJ �r�L�,1S�:O0 AM To t0:1°� Mo�7 ?ti,<.�lU44 $A-( � Its To 12'AM My,J/JAJ-t4lt0U40 SOAIPAy SECTION 2 — Applicant Information. I hereby certify that all the information contained herein and in the accompanying exhibits are true and correct to the best of my knowledge and belief. Applicant: (Applicant shall ewwr be the Property owner or owner's Representative) Applicant Name: P-> AF-KY S E_6At . [?Sole Proprietor ❑Partnership 'Corporation Contact Name: SARY 5 CG A 1. Contact Address: -Pa. 60X (a l a 2� City: A LTA D Q\� Zip Code: O 03 Phone: 6,26 3Y)-9](eS Fax:62634T-92'{.3 E-mail: ST0&YA1eCGaAol..CONI Rev. 07/11 Page t of 2 (Two officer's signatures are required for Corporation and Limited Liability Companies (LLC)) Print Name: 6 A(Z 9 `f 5(-'4 A t Title: %(LLh41 Ze-4-r Date: 12 • I / 13 f Signature (Applicant signatures must be notarized): J� / �/ 6---, , . I Print Name: Title: \) ` Date: Signature (Applicant signatures must be notarized): SECTION 3 - Contact Information (if different from applicant). Name: 50,91 5E4A'- Company Name: SEGAL h 9ZCA ,A4c{ rTOCrrTOr4g Address: P0, 60)c Co t o $ City: Rt-7Ai7CnJA Zip Code: `l, I oo 3 Phone: Fax: G2y 5,15- 7-13 Qr(A(�A 5,To2•yAie-e—&,A oL. c-&'% Relation to Applicant: ❑Engineer VArchitect OAttomey ❑Realtor ❑Representative SECTION 4 - Property Owner Information. I am the property owner of record, of the property, which is the subject of this application. I have reviewed this application and authorize/approve of the action requested. Property Owner Name: M024-04000P-2S215AMU f6A`6-jJ6 L L� ❑Sole Proprietor ❑Partnership gkorporation Address: l02(o VIL9I1tQ.r< gUo Ot79a City: L•A • Zip Code: 961W7 Phone: 2 l3 ` BS - B Sci o Fax: 213 2 qo - `%Wp i ® YES, I hereby certify that the above named applicant is authorized to act as the property owner representative for this conditional use permit application. ❑ NO, I DON'T certify that the above named applicant is authorized to act as the property owner representative for this conditional use permit application. (Two officer's signatures, LLare required for Corporation and Limited Liability Companies (LLC)) l Print Name: Iln �' Title: co ate: Signature (Applicant signatures must be notarize . Print Name: 151` (/ A? Title: Date: V. $P Signature (Applicant signatures must be notarized): Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On �C �� 20a before me, I/�i1-0l� f-�7�/e ✓n + �Or�jY! (Here insert name nd title of the officer) personally appeared /� i4 t7/1� �iS 6A2 who proved to me on the basis of satisfactory evidence to be the person(f) whose name( is/a subscribed to the within instrument and ac nowledged to me th e s they executed the same i his/ /their authorized capacity(i?� and that b is r/their signatureO a instrument the person(s% or the entity upon behalf of which the person�*acte , executed the instrume t. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSPYHwnd and official seal. Public VAROW ASDOURIAN Commission is 2036138 -u Notary Public - California z Los Angeles County (Noway seal) M Comm. Ex Tres Sep 5, 2017+ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT v (Title esmiption fattached document) dr/ltr/ (Title or description of attached document continued) Number of Pages oZ Document Date /l'-75-13 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California mtat contain verbiage exactly as appears above in the iwtmy section m- a separate acknopledg wa form must be properly completed and attached to that document. The only exception is if a docmnent is to be recorded onside of California. In stick instances. any alternative acknowledgment verbiage as may be Printed on such a document so long as the verbiage does not requtiv the notary to do sonmthing that is illegal far a notary in California (i.e. certifying the aiahorced capacity of the signer). Please check the document mreftdly for proper notarial wording and attach thisform Ifrequhrd • State and County information must be the State and County where the document signer(s) personally appeared before the rotary public for acknowledgment. • Dace of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must prim his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the comet singular or plural forms by crossing off incorrect forms (i.e. ]Wsheilhe5�,- is lax) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of dpeument recording. • The notary seal impression must bie clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient was permits, otherwise complete a different acknowledgment norm. • Signature of the notary public must match the signature on file with the office of the county clerk. +i Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 3 Indicate title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotwyClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of L_0s o On _�).Pc \ci t %n r� before me, _ personally appeared A 1_ I �,DN QA R94 S $ B e4k1 mCL Z who proved to me on the basis of satisfactory evidence to be the persor66 whose nan e!s i are becrlbed to the within instrument and acknowI d ed to me that he/s th xecuted the same i his/h t ei thorized capacit es nd that by his/her heir gnatu e s the Ins rument the perso s , r the entt pon behalf of which t p�ersoq!01ed, execut the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h4gd-arfo official seal. VAROUJ ASDOURIAN Commission # 2036138 i =e Notary Public - California i Los Angeles County ' M Comm. Expires Sep 5 2017+ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION - DESCRIPTION OF THE ATTACHED DOCUMENT /"/" �(T"itleor escri not herydocumcmq ! duu� �" `i !l9I (Title or description of attached document continued) Number of Pages_ Document Date Z (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other i INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in. Calfmwia men contain verbiage ¢racily as appears above in the rotary secaon m- a sepmnm acknowledgment form must be properly completed and anaclied to that docionent The onlyexception is if a document is to be recorded outside of 4 'elrfownia. In such instances. any alternative aclmmwledgnient verbiage as my be printed on such a document so long as the verbiage does not require the nolmy to do something that is illegal far a notary in California 6.ecertifying lite autloriced capacity of the signer). Please check the do v,wnicarefullyforpropernotanalwordtngarrdatmehrhrsfonrr ifrequtred. • State and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must at" be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the mantis) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, he/she/Ax)` is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear end photographically reproducible. Impression must not cover text or lines. If seal impression smudges, ne-seal if a sufficient area permits, otherwise complete a different acknowledgment forth. • Signature of the notary public must match the signature on file with the office of the county clerk. 9 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. A Indicate title or type of attached document. number of..pages and date. • Indicate the capacity claimed -by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008Vemion CAPAvl2.10.07800.873-9865 www.NotaryClasses.com 1. Site size (Lot size). S 1 1 Sai I S. (' 2. Square footage of building(s) on the premises (including any covered structures or canopies). I!,-� 000 s,f= (GiO"6 K ISOOS•F) 3. Number of floors of construction. O t-X 4. Amount of off-street parking and loading provided: a. Number of automobile parking spaces ®1 L b. Number of truck parking spaces 2 c. Number of truck loading spaces 5. Proposed scheduling. —rzn,q rT a piu . G o tiI STRJc?: u a ''r0 (Str h7 AS Sow) M PCRMTI5 A2r 155dK9 6. Associated projects (additional projects). N o rJ ir 7. Anticipated incremental development (additional phases). j,304 iC 8. If retail or commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities (on attached sheet). c-rni b,,,Lr rwO GCMMCXZAAI— iI00 Sr. 04 5A(As AArn 9. If industrial, indicate type, estimated employment per shift, and loading facilities (on attached sheet). rJ 1A PW1Ofi BURDEN OF PROOF The applicant is required to establish the following before submitting a Conditional Use Permit application: (Attach additional sheets if necessary.) A) The site for the proposed use is adequate in size, shape and topography, including drainage and landscaping. �(,C5 B) The proposed use will not have an adverse effect upon adjacent or abutting properties in. terms of traffic, parking noise, odors, and dust, smoke, light or glare, or risk of fire, infection or explosion. (� S C) The proposed use will be compatible with the permitted uses of surrounding and adjacent properties. \(gg D) The site has sufficient access to streets and highways, which are adequate in width and pavement type to cant' 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. `([S E) The site has adequate off-street parking and loading facilities. yC5 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. ye-s Signed 1 ( pplicant) Page 1 of t ENVIRONMENTAL INFORMATION FORM Date Filed: M• 1 a• t S General Information: 1. Name and address of developer or project sponsor: F.VOQ f"FO-TOGS, rfjcZ &2-& W tl.SH12O. Mt.VD. SUtTiC S50 . L.A_ GA R0017 2. Address of project (location): 2 5 21 SAIgTA Frlr AVt Assessor's Block and Lot Number (APN#):(p*3o 2 - Oo$ - olo 3. Name, address, and telephone number of person to be contacted concerning this project: ba2rt-f SEc„ L- . PD. ePOA 6.rei5 a aNrTAos►JR CA g100 3 4. Indicate number of the permit application for the project to which this form pertains: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:_ 15,31upw4 far+ rr tW&.-rLCAJ.4-rt 1v.fmRuJtSMt9NTS 6. Existing zoning district: G 0miAtAc, to t-. 7. Proposed use of site (Project for which this form is Page 1 of 3 Project Description: 8. Site Size (Lot Size): 51 t 'Z °L L 5, F- 9. Square footage of Building(s):! < . t10o 6GI RG1.E K 1000 5. IF 10. Number of floors of construction: 0 rJ L 11. Amount of off-street parldng provided: 'Ka 12. Attach plans: 13. Proposed scheduling: TiEaa.sr tr(P" ✓c;M4wyT5 onl S AS 9e4..1 4S Pc-,-%rr1 A/LL'cS5UaC1G. 14. Associated projects: N ONIf 15. Anticipated incremental development: N014C 16. If retail or commercial, indicate the type, whether neighboring, city or regionally oriented, square footage of sales area, and loading facilities. 61'N emi<i rgV CgArIxCRLtAt-- , tt oo s. f. Or� SA(,i S '494-A 17. If industrial, indicate type, estimated employment per shift, and loading facilities._ ri 18. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required. ,Tel e oohs Ode AO (L Scoo AH To to:oo rin .hew -ragoo�V taT -fo , 1/:do AM To 12+04 AM qe4 T1tet4004 5" Page 2 of 3 Environmental Imuacts• Are any of the following items applicable to the project or its effects? Discuss below all items checked "yes" (attach additional sheets as necessary). 19. Change in pattern, scale or character of general area of project. 20. Significant amounts of solid waste or litter. 21. Change in dust, ash, smoke, fumes or odors in vicinity. 22. Substantial change in existing noise or vibration levels in the vicinity. 23. Site on filled land or on slope of 10% percent or more. 24. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 25. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) 26. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) 27. Relationship to a larger project or series of projects. Environmental Setting: 28. 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. 29. 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. Certification: 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. Date Page 3 of 3 -f3 SEGAL+REA A R C H I T E C T U R E Barry W. Segal -Architect* P. Kathleen Rea 2529 Santa Fe Avenue OPERATIONS REPORT The proposed business is a Circle K convenience store (sodas, coffee, sandwiches, misc items, etc) in approximately 2 900 square feet of the existing shopping center, operating from 4:00 am to 12:00 am, seven days a week. The store will be run by one employee and there will be two shifts daily. There will be one delivery per day (scheduled in the morning) by a truck that is less than 25' long. • P.O. Box 6108 • Altadma, CA 91003• (626) 345-9765 • (626) 345-9243 fax• SEGAL+REA A R C H I T E C T U R E Barry W. Segal *Architect* P. Kathleen Rea 2529 Santa Fe Avenue Hazardous Material Report There will be no hazardous materials used, stored, produced, or processed at the site. The only chemicals on -site will be cleaning solutions. • P.O. Box 6108 9 Altadena, CA 91003• (626) 345-9765 • (626) 345-9243 fax• SEGAL+REA A R C H I T E C T U R E Barry W. Segal -Architect* P. Kathleen Rea 2529 Santa Fe Ave Environmental Setting 28. The site is a flat, paved commercial site with an existing 15,000 square foot, one story, Shopping Center and 96 striped parking spaces. The site is also landscaped. There are no cultural, historic, or scenic aspects. 29. The property is located in a flat industrial/commercial area that is comprised of one and two story metal, framed, concrete block, and concrete warehouses, manufacturing, and commercial buildings. There are a few street trees in the area, but very little on -site landscaping. The neighborhood has no cultural, historical, or scenic aspects. • P.O. Box 6108 9 Altadena, CA 91003• (626) 345-9765 • (626) 345-9243 fax• SEGAL+REA A R C H I T E C T U R E Barry W. Segal -Architect- P. Kathleen Rea 2529 Santa Fe Avenue Traffic Report The project will generate one truck per day and two cars per day for employees. Customer automobile traffic will arrive via local streets starting at 4:00 am and going until 12:00 am, seven days a week. It is anticipated that there will be 100 to 150 customers per day (some will be walk-in) and that the average customer is in the store less than ten minutes • P.O. Box 6108 • Altadena, CA 91003• (626) 345-9765 • (626) 345-9243 fax• 0 SEGAL+REA A R C H I T E C T U R E Mee _� BarryW. Segal *Architect- P. Kathleen Rea Qpj0U� ?0,4 v SQ _ 2529 Santa Fe Avenue��s Traffic Report This is written to address the questions on the City Comment letter dated March 12, 2014. 1. Provide discussion on how the 21 parking stalls (30 minute parking stalls) will be enforced. The site plan should reflect the 21 parking stalls that will be assigned for 30 minute parking. The property owners will utilize a combination of services to monitor the parking facility (including the 30 minute parking spaces) by way of periodic monitoring through the use of security cameras, security services and peak time parking attendants. Vehicles abusing the facility will be first given notice and then cited and or towed at owner expense. Please see attached revised site plan • P.O. Box 6108 9 Altadena, CA 91003• (626) 345-9765 • (626) 345-9243 fax• , z Z a u n n 0 a (D d (.O O 3 7 C N w x a a ri rn N CD U) 0 O N N U> CD m N co N a 0 d 0 U) -0 M N N (D (D C m n C) n (D A CD � 0 o fD � rn 0 Q ca Cl) CD rn VJ G) Z m z cn ^D \J m U) V/ D D -n m m z C m sm 2 K a 0 SST DRIVE AISLE hST RFFT L NIW 0 A�,A ,— NIW K , TF IV8 NIW OPM Iva NIW 0 u W 0£ NIW 0 ® NIW 0 TR "^ NIW 0 ,•Na ,A 33 �v NIW 0 ,P..5R1. c) W 0£ NIW 0 TFA IA W o£ BAIA Tfl N 3� ®®®®®®®®®®®®®®®®000000000� s $pei a 3 es a a s es 3 o i3 3 0 O FQO j�ii F'If 3N s m N o m 9$ 9 O _ < Z y � 7 a r 3A DIM cgs CD o z W r-