Resolution No. 2019-028RESOLUTION NO. 2019-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING A CONDITIONAL USE PERMIT FOR
SHEWAK & LAJWANTI HOLDINGS, LLC TO CONSTRUCT AND
OPERATE A RETAIL -COMMERCIAL CENTER LOCATED AT 3165
SLAUSON AVENUE
WHEREAS, Shewak & Lajwanti Holdings, LLC (the "Applicant")
has applied for a conditional use permit ("CUP") to construct and
operate a retail -commercial center located at 3165 Slauson Avenue; and
WHEREAS, the Applicant plans on constructing three (3) one-
story buildings, totaling 33,250 square feet in size (building no. 1
is approximately 22,000 sq. ft.; building no. 2 is approximately 8,000
sq. ft.; building no. 3 is approximately 3,250 sq. ft.); and
WHEREAS, the site is currently being used for warehousing of
granite and cabinets; and
WHEREAS, Section 26.4.2-4 of the Comprehensive Zoning
Ordinance of the City of Vernon (the "Zoning Code") would allow the
proposed retail -commercial use in the Commercial (C-1) Overlay Zone of
the I Zone, if a CUP is issued; and
WHEREAS, the proposed site is located in the Commercial (C-
1) Overlay Zone of the I Zone, Industrial; and
WHEREAS, the proposed site is adequate in size, shape and
topography for the proposed operation and has adequate parking,
landscaping, and drainage system that will be installed pursuant to
the Vernon City Code; and
WHEREAS, the proposed site is surrounded by industrial,
distribution, and retail -commercial uses compatible with the proposed
use and no adverse effects from traffic, parking, noise, odors, dust,
smoke, light or glare are anticipated from the proposed operation; and
WHEREAS, three driveways to access the site will be
provided, one along Boyle Avenue, and two along Slauson Avenue; and
WHEREAS, Boyle Avenue and Slauson Avenue are of adequate
size and pavement type to handle the traffic generated from the
proposed operation; and
WHEREAS, UPS type trucks and automobiles accessing the site
will share driveways; and
WHEREAS, a traffic analysis was conducted to evaluate the
traffic impacts associated with the proposed project, at the adjacent
intersection; the analysis was conducted both for the morning and
evening peak periods; and according to the study, it was found that,
traffic operations in the area will not be adversely affected by the
moderate increase in traffic volume generated by the proposed project;
and
WHEREAS, based on the proposed project's building size, the
amount of parking spaces required is in accordance with the Zoning
Code; and
WHEREAS, the Applicant will be providing one hundred fifty
nine (159) parking spaces, and therefore, the parking layout meets the
minimum parking requirements for a retail -commercial use as specified
by the Zoning Code; and
WHEREAS, it is anticipated that no overflow parking onto
adjacent side streets will occur; and
WHEREAS, City staff has determined that the proposed site
and development of the property is consistent with the applicable
development standards, and therefore, all parking and loading
activities will be maintained on -site within the premises and will
supply adequate parking and loading onsite for the new development;
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and
WHEREAS, the Public Works Department issued an Initial Study
dated May 15, 2018, to determine whether the proposed project will
have adverse impacts on the environment and has determined that the
proposed project will not have a significant adverse effect on the
environment, and the Director of Public Works has recommended that a
Mitigated Negative Declaration be adopted in compliance with the
California Environmental Quality Act ("CEQA"); and
WHEREAS, the City of Vernon has provided notice of its
intent to adopt a Mitigated Negative Declaration for the proposed
project and has provided a public review period of not less than 30
days, as required by the CEQA Guidelines; 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; and
WHEREAS, the proposed use, as to location, operation and
design is consistent with the General Plan and Zoning Ordinance of the
City of Vernon with approval of a CUP; and
WHEREAS, in accordance with the City of Vernon General Plan
Land Use Goal LU-1, the proposed commercial use will not inhibit
manufacturing as the primary land use within the City; and
WHEREAS, Policy LU-1.2 of the General Plan states, "Permit
only those non -industrial uses, such as commercial and retail uses,
which are necessary to support industry, and its employees..."; and
WHEREAS, Policy LU-1.2 also requires the City to limit
commercial uses to the Commercial (C) Overlay Zone, and to permit them
only with a CUP; and
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WHEREAS, the City Council of the City of Vernon held a
public hearing on the application for a CUP on August 6, 2019; and
WHEREAS, the City Council has received a Staff Report, dated
August 6, 2019, upon which it has relied in making the foregoing
recitals.
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 a CUP.
SECTION 3: The City Council of the City of Vernon further
finds on the basis of the whole record before it (including the
Initial Study) that there is no substantial evidence that the proposed
project could have a significant effect on the environment, within the
meaning of CEQA, and that the Mitigated Negative Declaration reflects
the City's independent judgment and analysis, and on the basis of said
findings the City Council hereby approves and adopts the Mitigated
Negative Declaration for the proposed project.
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 in the Office of the City Clerk
of the City of Vernon and are available for public review in the
Office of the City Clerk located at 4305 Santa Fe Avenue, Vernon, CA
90058.
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SECTION 5: Pursuant to Section 711.4(c) of the Fish and
Game Code, the City has found no evidence that the proposed project
will have the potential for adverse effects on wildlife resources.
SECTION 6: The City Council of the City of Vernon hereby
approves the Initial Study dated May 15, 2018, a copy of which has
been submitted to the City Council concurrently herewith, and the
Interim City Clerk is directed to receive and file. Such document and
other materials which constitute the record of proceedings in this
matter shall be maintained in the Office of the City Clerk who is and
shall be the custodian thereof.
SECTION 7: The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to file a Notice of Determination in regard to the environmental
impact of said CUP.
SECTION 8: Subject to the conditions set forth below, the
City Council of the City of Vernon hereby approves the CUP for the
Project based on the following findings as required by Section 26.6.3-
4 of the Vernon Zoning Code:
a. The lot for the proposed use is adequate in size, shape,
and topography, including any required drainage and landscaping because
(i) the Project will provide the correct number of parking spaces on
site; (ii) the conditions imposed will ensure that the site is
developed appropriately for its size, shape and topography; (iii) all
components of a standard development project are included, such as a
trash bin in an accessible location, and proper frontage and
accessibility to nearby streets for the proposed use; and (iv) the site
will be constructed to ensure the drainage and landscaping conform to
the Vernon Municipal Code.
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b. The proposed use will not adversely affect the interest
of the public or the interests of other residents and property owners
in the vicinity of the Project because (i) the Project site is
surrounded by industrial, warehousing, retail and commercial uses
compatible with the proposed use; (ii) the conditions on the Project
ensure that the use will not adversely affect the interest of the
public or the interests of other residents and property owners in the
vicinity; (iii) the site is adequately serviced by nearby streets that
have sufficient capacity; (iv) the amount of noise and traffic
generated by the proposed use is negligible, and will not adversely
affect the public, residents or property owners.
C. The proposed use is similar to other retail and
commercial uses in the area and will be compatible with the permitted
uses of surrounding and adjacent properties because (i) commercial and
retail uses may be permitted in the Commercial (C-1) Overlay Zone of
the I Zone of the City with a CUP; and (ii) all required parking is
provided on -site; and (iii) the conditions ensure that there will not
be negative impacts on adjacent properties.
d. The lot has adequate off-street parking facilities for
this proposed use, as the Project site will be supported by a one
hundred fifty-nine (159) stall surface parking lot. Therefore, the
proposed parking layout will not create an impact on neighboring
properties. The site parking areas will be paved with an impermeable
surface that meets City of Vernon applicable development standards.
e. The use as to location, operation and design, is
consistent with the City's Zoning Code and General Plan with the
conditions imposed, including the City's policy considerations as to
acceptable uses in the City, because commercial uses that support
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industry are lawful in the City, and because Section 26.4.2-4(a) of the
Zoning Code permits commercial uses in the Commercial (C-1) Overlay
Zone of the I Zone with the approval of a CUP.
f. The proposed use is consistent with all applicable
local, county, state and federal laws, rules and regulations because
the conditions will ensure that there cannot be any significant impact
on neighboring properties, and because no law prevents the proposed use
of the property.
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 because (i)
sufficient parking and loading will be provided for the proposed
operation. Traffic operations in the neighboring area will not be
adversely effected by the moderate increase in traffic volumes
generated by the new facility; (ii) the Project has access to Slauson
Avenue, Boyle Avenue and traffic will generally travel on Boyle Avenue
to the new facility; Slauson Avenue Avenue and Boyle Avenue are of
adequate size and pavement type to handle the traffic generated from
the proposed operation; (iii) conditions are imposed to ensure the
Project does not cause excess noise or impede traffic flow; and (iv)
the proposed commercial/retail use will not create dust or impacts that
would be undesirable in a largely industrial community. Therefore, the
general welfare of the community will not be adversely impacted.
h. All of the conditions imposed on the Project are
necessary to protect the public health, safety and general welfare
because the conditions are limited in nature, and ensure that the
property is used in the manner promised by the applicant.
SECTION 9: The following conditions are imposed on the CUP.
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These conditions are deemed necessary to protect the public health,
safety and general welfare:
a. The facility shall be operated in accordance with all
current codes, rules, and regulations and subject to fees as adopted
by the City of Vernon, the State of California and other governmental
agencies not otherwise addressed by this grant of a conditional use
permit.
b. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
C. At all times, all parking areas shall be: (1) striped
in a manner acceptable to the Director of Public Works; (2) paved with
a concrete or asphalt concrete paving or other surface reasonably
acceptable to the Director of Public Works; (3) adequately drained;
and (4) kept free of potholes, dust, mud, trash and weeds.
d. Servicing of vehicles, including but not limited to,
washing, steam cleaning and repairing, shall not be permitted on the
premises. No inoperative vehicles shall be stored on -site.
e. The parking and loading areas shall be maintained
substantially in compliance with the site plan as submitted as part of
this CUP application, except as otherwise approved in writing by the
Director of Public Works. No vehicle parking or staging associated
with the facility shall take place on any public street.
f. All subject work shall be in accordance with City
Standards. No changes shall be made in the site development except
with the prior approval of the Director of Public Works.
g. Adequate trash receptacles for the public shall be
provided onsite to keep litter to a minimum. Trash area shall be
maintained in effort to divert rainfall around enclosure. All litter
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blown or dropped on the premises or adjacent properties shall be
retrieved and containerized on a daily basis. All trash containers
shall have tight fitting lids. Trash in the containers shall be
removed as frequently as necessary to prevent overflow, but no less
frequent than once per week.
h. All retail -commercial facilities shall provide
accessible restrooms for customers. Restrooms shall be provided at all
times when any unit is open and shall be maintained in a clean and
sanitary condition.
i. All retail food sites shall comply with the California
Retail Food Code construction requirements.
j. Outdoor display of merchandise shall be prohibited.
k. If at any time the Vernon Police Department deems it
necessary, the property owner shall prepare for approval by city staff
a comprehensive security plan. Said plan, may include, but shall not
be limited to the hiring of a State licensed security guard to address
specific security needs.
1. Employees serving or selling alcohol shall complete
Licensee Education on Alcohol and Drugs ("LEAD") training offered by
the State of California Office of Alcohol and Beverage Control.
Evidence of completion shall be provided to City Staff upon request.
M. No entertainment uses are approved as part of this CUP
including but not limited to dance floors, disc jockeys, and live
performances.
n. The property owners shall reimburse the City of Vernon
any expenditure for extraordinary Police and Fire Department costs
which result from the need to perform services for the site.
Extraordinary costs shall include, but not be limited to Police
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Department overtime expenses for officers not normally on duty but
necessary for duty assignment to the site to maintain community health
safety, and welfare.
o. The Project shall be operated in a manner that will not
impede traffic on Boyle Avenue or Slauson Avenue. 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 Public Works
Department.
P. The Project's hours and days of operation of retail,
commercial and restaurant uses on the site shall be limited to 5:00
a.m. to 12:00 a.m. (midnight), seven days a week.
q. The property owner shall post 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."
r. Occupants shall install and maintain their own
surveillance cameras and a two -week DVR that covers all common areas
of their respective business, high -risk areas, entrances and exits and
views all areas of their respective parking lot and to the adjoining
streets/sidewalks. The DVR's shall be made available to the Vernon
Police Department upon request.
S. The applicant, owner, operator and on -site manager(s)
shall comply with all applicable laws and conditions and shall
properly manage the facility to discourage illegal, criminal and
nuisance activity on the subject premises and any accessory parking
areas which have been made available or are commonly utilized for
patron parking.
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t. Upon request by the Vernon Police Department, the
Applicant shall post interior and exterior signs advising the public
of the closed circuit television cameras. The signs shall be
maintained/upgraded as necessary.
U. Upon request by the Vernon Police Department, "No
Loitering or Public Drinking" signs shall be posted in and outside of
the subject facility. Signs shall also be posted stating: "It is a
violation of Section 17.7-1 of the Vernon Municipal Code to possess
any open bottle, can or receptacle containing any alcoholic beverage
which has been opened, or the seal broken or contents of which have
been partially removed, on or adjacent to the premises." Said signs
shall be in English, Spanish and any other predominant language of the
facility's clientele.
V. Each occupant shall adhere to all conditions set on
this permit. Each occupant shall indicate in writing its acceptance
and agreement with these conditions prior to occupancy.
W. 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.
X. Not later than twenty (20) days from the date of
approval of this CUP, the property owner shall indicate, in writing,
its acceptance of and agreement with the conditions herein. The CUP
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.
y. Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City of Vernon to void this CUP,
or take appropriate enforcement action, including citation and or
fines for a violation.
SECTION 10: It is recommended that the following Mitigation
Measures be included as conditions for the granting of the permit to
mitigate environmental concerns from the project, and adequately
protect the public health, safety and general welfare:
1. During the construction phases, the site shall be
maintained in good condition and secured from public access. Any
temporary fencing shall be maintained in good condition and free from
graffiti. Any undeveloped surfaces where construction will not occur
for more than 90-days shall be maintained free of weeds, rubbish, and
construction debris.
2. Once the proposed project is completed, all wall
surfaces shall be maintained free of graffiti. Should graffiti appear
on one or more of the buildings, the graffiti shall be removed within
72 hours of initial discovery.
3. The project Applicant shall be required to obtain the
services of a qualified Native American Monitor during construction -
related ground disturbance activities. Ground disturbance is defined by
the Tribal Representatives from the Gabrieleno Band of Mission Indians,
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Kizh Nation as activities that include, but are not limited to,
pavement removal, pot -holing or auguring, boring, grading, excavation,
and trenching, within the project area. The monitor(s) shall be
approved by the tribal representatives and the City's Public Works
Director will be present on -site during the construction phases that
involve any ground disturbing activities. The on -site monitoring shall
end when the project site grading and excavation activities are
completed, or when the monitor has indicated that the site has a low
potential for archeological resources.
4. The Applicant shall install ENERGY STAR rated Compact
Florescent Lights (CFLs) in all indoor areas that require continuous
lighting. CFLs should not be used in rooms or areas that are subject to
frequent on/off cycling, as the lifespan of CFLs diminishes when they
are frequently turned off.
5. Sub -slab vapor barriers shall be installed below the
three new buildings.
6. The curb cuts serving the project site must have
sufficient width to accommodate vehicles entering and exiting the site
simultaneously.
7. The drive-thru lanes and drive aisles must be designed
in a manner to ensure that they do not contribute to vehicle queuing
off -site.
8. Truck deliveries must occur during the off-peak hours so
that they do not contribute to off -site congestion.
9. Access to the parking stalls must be maintained free and
clear at all times.
10. The project Applicant will be required to install
Xeriscape, or landscaping with plants that requires less water, as an
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alternative to traditional landscaping and turf. According to the Los
Angeles County Department of Public Works, the addition of Xeriscape
can reduce outdoor water consumption by as much as 50 percent.
11. The Applicant shall install high -efficiency, WaterSense
labeled toilets in order to reduce water consumption. Installing high -
efficiency toilets will reduce long term operating costs by consuming
less water. The Applicant shall also install WaterSense faucets in all
restrooms, which can reduce a sink's water flow by 30 percent.
SECTION 11: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of Vernon shall cause this
resolution and the Interim 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 August, 2019.
ATTEST:
e orah Harrington
Interim City Clerk
APPROVE AS TO z
Brian Byun,
Senior Deputy Cit ttorney
Gt,
Name: Melissa A. Ybarra
Title: Mayor / -
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Deborah Harrington, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 2019-28, 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, August 6, 2019, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed thisA�day of August, 2019, at Vernon, California.
(SEAL)
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e orah Harrington,
Interim City Clerk
NOTICE OF DETERMINATION
�( OF vEq�1•
NOTICE OF DETERMINATION
To: 0 County Clerk, County of Los Angeles From: City of Vernon
Environmental Filings Planning Division _
12400 E. Imperial Highway 4305 Santa Fe Avenue" 4� `'�`�`'� `'�
Norwalk, CA 90650 Vernon, CA 90058
❑ Office of Planning & Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
RE10ERCEE'fi
I'..i f— ,L•i1.
Lead Agency: C1ty of Vernon - Phone Number: (323) 5 83 -9811 / 305 Lead Agency Contact Person: Daniel Wall
Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse): N/A 2019 222831
111114114111111111111111
Project Title: Vernon Plaza FILED
Aug 16 2019
Project Applicant: Shewak & Lajwanti Holdings, LLC Dean Logan. Registrar- ReoorderiCounty Clerk
Electronically signed by ISAURA CORREA
Project Location (include county): 3165 Slauson Avenue, Vernon, CA 90058 - Los Angeles County
Project Description: Shewak & Lajwanti Holdings, LLC has submitted an application for a conditional use permit to
construct and operate a retail -commercial center located at 3165 Slauson Avenue, Vernon, CA 90058. The proposed use will
consist of three (3) one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the
center will be for restaurant use with the remainder being retail uses. The site is currently being used for warehousing of granite
and cabinets. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week.
This is to advise that the City of Vernon has approved the above described project on August 6, 2019 and has made the
following determinations regarding the above described project:
1. The project will not have a significant effect on the environment.
2. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A mitigation monitoring plan was adopted for this project.
5. A statement of Overriding Considerations was not adopted for this project.
6. Findings were not made pursuant to the provisions of CEQA.
This is to certify that the Mitigated Negative Declaration with comments and responses and record of project approval
is available to the General Pubic at
: Vernon City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058
Signature (Public Agency): i` � Title: ID of 1wz M pw?t jl I AJOR, -%
Q �, THIS NOTICE WAS POSTED
Date: 0 � Zell Date Received for filing at OPR:
ON August 16 2019
UNTIL September 16 2019
REGISTRAR — RECORDERICOUNTY CLERK
State of California —Natural Resources Agency
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
2019 ENVIRONMENTAL FILING FEE CASH RECEIPT
RECEIPT #
201908160480002
STATE CLEARING HOUSE # (Napplicable)
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
CITY OF VERNON 08/16/2019
COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER
LA 2019222831
PROJECT TITLE
VERNON PLAZA
PROJECT APPLICANT NAME PHONE NUMBER
DANIEL WALL
PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE
4305 SANTA FE AVENUE VERNON CA 90058
PROJECT APPLICANT (Check appropriate box):
Z Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity
CHECK APPLICABLE FEES:
❑ Environmental Impact Report (EIR)
0 Negative Declaration (ND)(MND)
❑ Application Fee Water Diversion (State Water Resources Control Board Only)
❑ Projects Subject to Certified Regulatory Programs (CRP)
0 County Administrative Fee
❑ Project that is exempt from fees
❑ Notice of Exemption
❑ CDFW No Effect Determination (Form Attached)
PAYMENT METHOD:
❑ Cash ❑ Credit Check ❑ Other
$3,271.00
$
0.00
$2,354.75
$
2,354.75
$850.00
$
0.00
$1,112.00
$
0.00
$59-90
$
75.00
SIGNATURE
X `� ITC
$ 0.00
$ 2,429.75
ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY - LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 01/19)
STAFF REPORT
AGENDA APPROVED ITEM
08/06/19, SD
City Council Agenda Item Report
Agenda Item No. COV-274-2019
Submitted by: Sergio Canales
Submitting Department: Public Works
Meeting Date: August 6, 2019
SUBJECT
A Resolution of the City Council of the City of Vernon Approving a Conditional Use Permit for Shewak & Lajwanti
Holdings, LLC to Construct and Operate a Retail -Commercial Center Located at 3165 Slauson Avenue
Recommendation:
A. Conduct a Public Hearing; and
B. Adopt a resolution approving a conditional use permit to allow Shewak & Lajwanti Holdings, LLC to construct and
operate a retail -commercial center, subject to the conditions of approval for the property located at 3165 Slauson
Avenue
Background:
Shewak & Lajwanti Holdings, LLC (the "Applicant') has submitted an application for a Conditional Use Permit
("CUP') to construct and operate a retail -commercial center located at 3165 Slauson Avenue in the City of Vernon
(the "Project'). The Applicant plans on constructing three (3) one-story buildings totaling 33,250 square feet in size
(building no. 1 is approximately 22,000 sq. ft.; building no. 2 is approximately 8,000 sq. ft.; building no. 3 is
approximately 3,250 sq. ft.). It is anticipated that up to 6,250 square feet of the center will be for restaurant use, with
the remainder utilized for retail. The site is currently being used for warehousing of kitchen cabinets and granite
countertops. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. The Project is in the
City's Commercial-1 (C-1) Overlay District of the Industrial (I) zone, which allows the proposed use subject to the
approval of CUP.
Project
As previously stated, the proposed Project is for the construction and operation of 3 3,25 0 square foot
retail -commercial center, consisting of three (3) one story buildings in the City of Vernon. The total number of
employees for the Project is estimated at one hundred eight (108). All businesses are estimated to have a maximum of
two shifts staggered throughout the day. Loading and deliveries will occur during non -peak business hours. Materials for
the fast food tenants will include food items, packaging and cleaning products. Materials for the commercial businesses
are to be determined and specific to the tenants; these are yet to be determined.
The site presently contains four functionally obsolete industrial buildings. The proposed site shall be paved with an
impermeable surface that meets City of Vernon standards. A traffic report was prepared for this project and also found
that sufficient parking will be provided at the site. The proposed site will be supported by a one hundred fifty-nine (159)
stall surface parking lot and a one (1) truck parking/loading stall. The parking proposed will provide adequate off-street
parking and loading facilities for the proposed operation.
AGENDA APPROVED ITEM
08/06/19, SD
City staff has determined that the proposed site and development is consistent with the applicable development
standards. Therefore, it is anticipated that all parking activities will be maintained on -site within the premises and will
supply adequate parking and loading on -site and will create no impact on neighboring properties. The proposed site is
of adequate size, shape and topography for the proposed operation.
Access
Three driveways to access the site will be provided, one along Boyle Avenue, and the other two on Slauson Avenue.
Boyle Avenue and Slauson Avenue are of adequate size and pavement type to handle the traffic generated from the
proposed operation. Trucks and automobiles accessing the site will share both driveways. A traffic analysis was
conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection. The analysis
was conducted both for the morning and evening peak periods. According to the study, it was found that traffic
operations in the area will not be adversely effected by the increase in traffic volumes generated by the proposed
project.
Vehicle Movements
The retail -commercial facilities are expected to generate more than three hundred vehicle trips on a typical weekday.
Most of the vehicular traffic at the retail -commercial center will occur around the noon hour. Trucks that will
deliver/pick-up product and supplies to the proposed site will occur during the early morning hours. Peak traffic hours
for the streets in the vicinity occur in the early morning and late afternoon. The retail -commercial's heavy traffic periods
will not coincide with the peak hours of street traffic. The traffic study showed that there would not be any significant
impacts to the operation of the neighboring intersections. Therefore, the proposed use will not cause a significant traffic
impact.
Zoning and General Plan Consistency
The proposed Project will be consistent with the City of Vernon's Zoning Ordinance upon the approval of a CUP.
Section 26.4.2-4 of the Comprehensive Zoning Ordinance authorizes commercial uses in the (C-1) Overlay District of
the I -Zone with a conditional use permit. The subject site is located in the (C-1) Overlay District of the I -Zone,
Industrial, and the Applicant has applied for a CUP.
General Plan Compliance
The proposed Project will also be consistent with the City's General Plan upon the approval of the CUP. In
accordance with the C ity of Vernon General Plan, commercial uses are intended to serve industry uses and its
employees and are considered an additional authorized land use within the City. Specifically, Policy LU-1.2 ofthe
General Plan states:
"Permit only those non -industrial uses, such as commercial and retail uses, which are necessary to support industry, and
its employees or may be required by State Law. Limit such uses to the Commercial Overlay District, and permit only
with a CUP." Thus, with the approval of a CUP, the proposed Project will be consistent with Policy LU-1.2 and the
City's General Plan.
CEQA Analysis
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The proposed use is surrounded by properties with industrial and commercial uses that are compatible. No adverse
impacts from traffic, parking, noise, odor, dust, or explosion are expected to occur adjacent to abutting properties. An
initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA).
As shown by the initial study, no potentially significant impacts are expected to result from the project, or to the extent
potentially significant effects exist, revisions in the project plans or proposals as set forth in the initial study and as made
by, or agreed to by Shewak & Lajwanti Holdings, LLC before the proposed mitigated negative declaration and initial
study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur, and there is no substantial evidence, in light of the whole record before the City, that the project as
revised may have a significant effect on the environment. The Director of Public Works has recommended that a Notice
of Intent be provided and issued pursuant to CEQA Guidelines section 15072 and a Mitigated Negative Declaration be
adopted in compliance with CEQA Guidelines section 15070 et seq.
State or Federal Conditions
All Federal, State, and local regulatory permits shall be obtained as required for the operation.
Staff Findings
A CUP 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;
(i) the Project will provide the correct number of parking spaces on site; (ii) the conditions imposed will ensure that the
site is developed appropriately for its size, shape and topography; (iii) all components of a standard development
project are included, such as a trash bin in an accessible location, and proper frontage and accessibility to nearby streets
for the proposed use; and (iv) the site will be constructed to ensure the drainage and landscaping conform to the Vernon
Municipal Code.
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 because;
(i) the Project site is surrounded by industrial, warehousing, retail and commercial uses compatible with the proposed
use; (n) the conditions on the Project ensure that the use will not adversely affect the interest of the public or the interests
of other residents and property owners in the vicinity; (iii) the site is adequately serviced by nearby streets that have
sufficient capacity; (iv) the amount of noise and traffic generated by the proposed use is negligible, and will not adversely
affect the public, residents or property owners.
C. The proposed use will be compatible with the permitted uses of surrounding and adjacent properties;
The proposed use is similar to other retail and commercial uses in the area and will be compatible with the permitted
uses of surrounding and adjacent properties because (i) commercial and retail uses may be permitted in the Commercial
(C-1) Overlay Zone of the I Zone of the City with a CUP; and (ii) all required parking is provided on -site; and (iii) the
conditions ensure that there will not be negative impacts on adjacent properties.
d. The lot has adequate off-street parking and loading facilities for the proposed use;
(i) the Project site will be supported by a one hundred fifty-nine (159) stall surface parking lot. Therefore, the proposed
parking layout will not create an impact on neighboring properties. The site parking areas will be paved with an
impermeable surface that meets City of Vernon applicable development standards.
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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 City's Zoning Code and General Plan with the
conditions imposed, including the City's policy considerations as to acceptable uses in the City, because commercial
uses that support industry are lawful in the City, and because Section 26.4.2-4(a) of the Zoning Code permits
commercial uses in the Commercial (C-1) Overlay Zone of the I Zone with the approval of a CUP.
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 because the
conditions will ensure that there cannot be any significant impact on neighboring properties, and because no law
prevents the proposed use of the property.
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 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 because (i) sufficient parking and loading will be provided for
the proposed operation. Traffic operations in the neighboring area will not be adversely effected by the moderate
increase in traffic volumes generated by the new facility; (ii) the Project has access to Slauson Avenue, Boyle Avenue
and traffic will generally travel on Boyle Avenue to the new facility; Slauson Avenue and Boyle Avenue are of adequate
size and pavement type to handle the traffic generated from the proposed operation; (fit) conditions are imposed to
ensure the Project does not cause excess noise or impede traffic flow; and (iv) the proposed retail -commercial use will
not create dust or impacts that would be undesirable in a largely industrial community. Therefore, the general welfare of
the community will not be adversely impacted.
h. The conditions stated in the decision are deemed necessary to protect the public health, safety and general
welfare.
All of the conditions imposed on the Project are necessary to protect the public health, safety and general welfare
because the conditions are limited in nature, and ensure that the property is used in the manner promised by the
applicant.
Conditions
It is recommended that the following conditions be set on the permit. These conditions are deemed necessary to protect
the public health, safety and general welfare:
a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to fees as
adopted by the City of Vernon, the State of California and other governmental agencies not otherwise addressed by this
grant of a conditional use permit.
b. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances.
C. At all times, all parking areas shall be: (1) striped in a manner acceptable to the Director of Public Works; (2)
paved with a concrete or asphalt concrete paving or other surface reasonably acceptable to the Director of Public
Works; (3) adequately drained; and (4) kept free of potholes, dust, mud, trash and weeds.
d. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted
on the premises. No inoperative vehicles shall be stored on -site.
e. The parking and loading areas shall be maintained substantially in compliance with the site plan as submitted as
part of this CUP application, except as otherwise approved in writing by the Director of Public Works. No vehicle
parking or staging associated with the facility shall take place on any public street.
f. All subject work shall be in accordance with City Standards. No changes shall be made in the site development
except with the prior approval of the Director of Public Works.
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g. Adequate trash receptacles for the public shall be provided onsite to keep litter to a minimum. Trash area shall
be maintained in an effort to divert rainfall around enclosure. All litter blown or dropped on the premises or adjacent
properties shall be retrieved and containerized on a daily basis. All trash containers shall have tight fitting lids. Trash in
the containers shall be removed as frequently as necessary to prevent overflow, but no less frequent than once per
week.
h. All retail -commercial facilities shall provide accessible restrooms for customers. Restrooms shall be provided at
all times when any unit is open and shall be maintained in a clean and sanitary condition.
i. All retail food sites shall comply with the California Retail Food Code construction requirements.
j. Outdoor display of merchandise shall be prohibited.
k. If at any time the Vernon Police Department deems it necessary, the property owner shall prepare for approval
by city staff a comprehensive security plan. Said plan, may include, but shall not be limited to the hiring of a State
licensed security guard to address specific security needs.
1. Employees serving or selling alcohol shall complete Licensee Education on Alcohol and Drugs ("LEAD')
training offered by the State of California Office of Alcohol and Beverage Control. Evidence of completion shall be
provided to City Staff upon request.
M. No entertainment uses are approved as part of this CUP including but not limited to dance floors, disc jockeys,
and live performances.
n. The property owner shall reimburse the City of Vernon any expenditure for extraordinary Police and Fire
Department costs which result from the need to perform services for the site. Extraordinary costs shall include, but not
be limited to Police Department overtime expenses for officers not normally on duty but necessary for duty assignment
to the site to maintain community health safety, and welfare.
o. The Project shall be operated in a manner that will not impede traffic on Boyle Avenue or Slauson Avenue. 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 oflsite or on the public street without prior approval from the Public Works Department.
P. The Project's hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to
5:00 a.m. to 12:00 a.m. (midnight), seven days a week.
q. The property owner shall post 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."
r. Surveillance cameras shall be installed and maintained and a two -week DVR that covers all common areas of
the business, high -risk areas, entrances and exits and views all areas of the parking lot and to the adjoining
streets/sidewalks. The DVR's shall be made available to the Vernon Police Department upon request.
S. The applicant, owner, operator and on -site manager(s) shall comply with all applicable laws and conditions and
shall properly manage the facility to discourage illegal, criminal and nuisance activity on the subject premises and any
accessory parking areas which have been made available or are commonly utilized for patron parking.
t. Upon request by the Vernon Police Department, the Applicant shall post interior and exterior signs advising the
public of the closed circuit television cameras. The signs shall be maintained/upgraded as necessary.
U. Upon request by the Vernon Police Department, "No Loitering or Public Drinking" signs shall be posted in and
outside of the subject facility. Signs shall also be posted stating: "It is a violation of Section 17.7-1 of the Vernon
Municipal Code to possess any open bottle, can or receptacle containing any alcoholic beverage which has been
opened, or the seal broken or contents of which have been partially removed, on or adjacent to the premises." Said
signs shall be in English, Spanish and any other predominant language of the facility's clientele.
V. Each occupant shall abide to all conditions set on this permit. Each occupant shall indicate in writing its
acceptance and agreement with these conditions prior to occupancy.
W. 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
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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.
X. Not later than twenty (20) days from the date of approval of this CUP, the property owner shall indicate, in
writing, its acceptance of and agreement with the conditions herein. The CUP shall be void and of no force or effect
unless such written acceptance and agreement is submitted to the C ity within the twenty -day period.
Y. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City of Vernon to
void this CUP, or take appropriate enforcement action, including citation and or fines for a violation.
Further, it is recommended that the following Mitigation Measures be set on the permit to mitigate environmental
concerns from the project:
1. During the construction phases, the site shall be maintained in good condition and secured from public access.
Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where
construction will not occur for more than 90-days shall be maintained free of weeds, rubbish, and construction debris.
2. Once the proposed project is completed, all wall surfaces shall be maintained free of graffiti. Should graffiti
appear on one or more of the buildings, the graffiti shall be removed within 72 hours of initial discovery.
3. The project Applicant shall be required to obtain the services of qualified Native American Monitor during
construction -related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the
Gabrieleno Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal,
pot -holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) shall be
approved by the tribal representatives and the City's Public Works Director will be present on -site during the
construction phases that involve any ground disturbing activities. The on -site monitoring shall end when the project site
grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for
archeological resources.
4. The Applicant shall install ENERGY STAR rated Compact Florescent Lights (CFLs) in all indoor areas that
require continuous lighting. CFLs should not be used in rooms or areas that are subject to frequent on/off cycling, as the
lifespan of CFLs diminishes when they are frequently turned off
5. Sub -slab vapor barriers shall be installed below the three new buildings.
6. The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting
the site simultaneously.
7. The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to
vehicle queuing ofhsite.
8. Truck deliveries must occur during the off-peak hours so that they do not contribute to off -site congestion.
9. Access to the parking stalls must be maintained free and clear at all times.
10. The project Applicant will be required to install Xeriscape, or landscaping with plants that require less water, as
an alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works,
the addition ofXeriscape can reduce outdoor water consumption by as much as 50 percent.
11. The Applicant shall install high -efficiency, WaterSense labeled toilets in order to reduce water consumption.
Installing high -efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also
install WaterSense faucets in all restrooms, which can reduce a sink's water flow by 30 percent.
Fiscal Impact:
There is no fiscal impact associated with the adoption of the proposed resolution, however, the City did receive a
processing fee of $15,241.25 which was collected by the Planning Division of the Public Works Department.
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ATTACHMENTS
• 1. Resolution - Approving CUP for Shewak Lajwanti Holdings LLC
• 2. Notice of Public Hearing
• 3. Notice of Intent
• 4. Affidavit of Mailing
• 5. CUP Application