Resolution No. 2025-006RESOLUTION NO. 2025-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING A CONDITIONAL USE PERMIT FOR THE CITY OF LOS
ANGELES TO OPERATE AN ASPHALT RECYCLING CENTER AT 4221
BANDINI BOULEVARD AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
SECTION 1. Recitals.
A. The City of Vernon received an application for a Conditional Use Permit (CUP)
allowing the City of Los Angeles to operate an asphalt recycling plant at 4221 Bandini
Boulevard (Property). This plant will receive asphalt pavement being removed from City
of Los Angeles street projects which will be crushed and stockpiled for use as road base
and/or for use as aggregate in new asphalt pavement on City of Los Angeles street
projects.
B. The Property is approximately 3.75 acres, is currently vacant and has most
recently been used as a storage yard for sightseeing buses, a garment dye house and
exporter, and a pipe and tube supplier. The City General Plan designates this Property
for industrial use and it is located in the trucking and transportation overlay zone. The
development and performance standards and regulations set forth in 26.4.1-7 of the
Comprehensive Zoning Ordinance of the City of Vernon apply to the proposed project.
C. The City Council of the City of Vernon held a public hearing on April 1, 2025, with
notice of said public hearing having been duly given as required by law and in accordance
with Vernon Municipal Code Sections 17.72.040 and 17.72.050, to hear and consider
evidence for and against the proposed Conditional Use Permit and to make findings and
determinations in connection therewith.
D. The City Council of the City of Vernon, after due inspection, investigation, and
study made by itself and on its behalf, and after due consideration of all evidence and
reports offered at said hearing with respect to the request for a Conditional Use Permit,
does find and determine the following facts:
1. The proposed project is exempt from California Environmental Quality Act (CEQA)
review pursuant to Class 32 In-Fill Developments (CEQA Guidelines 15332) as the
property is surrounded with compatible industrial uses, is less than five (5) acres in size,
and no adverse impacts from traffic, parking, noise, dust, air quality, or water quality are
expected to occur from this project.
2. Pursuant to the Vernon Municipal Code Section 17.72.060, a Conditional Use
Permit shall not be granted unless all of the following findings have been made. The
City Council concludes that the following findings can be made:
Resolution No. 2025-006
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a. The lot for the proposed use is adequate in size, shape and
topography, including any required drainage and landscaping.
x The proposed project will provide adequate parking and
truck staging and is adequate in size, shape and topography
for the proposed use.
x The site will be constructed to ensure that the drainage and
landscaping conform to the requirements of the Vernon
Municipal Code.
b. The use permitted will not have a material adverse impact on the
public.
x No adverse impacts including impacts from traffic, parking,
noise, dust, air quality, or water quality are expected to occur
from this project.
c. The proposed use is compatible with the existing authorized uses of
surrounding and adjacent properties.
d. The proposed use is similar to manufacturing, transportation and
warehousing uses of surrounding and adjacent properties. The lot
has adequate off-street parking and loading facilities, and vehicle
maneuverability for the proposed use.
x All required parking is provided on-site.
x Site circulation with vehicles entering on Bonnie Beach
Place and exiting onto Bandini helps to ensure adequate
maneuverability for the proposed use.
e. The location, operation and design for the proposed use is consistent
with the General Plan, any applicable specific plan and the zoning
regulations of the City.
x The proposed use with respect to the location, operation and
design is consistent with the City’s Zoning Code and General
Plan with the approval of a CUP.
f. The use is consistent with all applicable Federal, State, and local
laws, rules and regulations.
x The proposed use is consistent with all applicable Federal,
State, and local laws, rules and regulations because the
conditions of the project require that all required permits be
obtained and followed.
g. The proposed use will not have a significant adverse impact on the
general welfare as a result of noise, increased traffic, interference
with the flow of traffic, or dust.
x The proposed project will not adversely impact the general
welfare because sufficient parking, loading and maneuvering
will be provided on site. The project has access to Bonnie
Beach and to Bandini which are of adequate size and
pavement type to handle the traffic generated by the
proposed project.
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x The proposed project will not cause excess noise or dust.
h. The conditions applied to the permit are necessary to protect the
public health, safety, and general welfare.
x 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 a manner consistent with that
represented by the applicant.
3. Pursuant to the Vernon Municipal Code Section 17.72.100, the City Council has
imposed the following conditions on the Conditional Use Permit 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 and other nuisances.
c. 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.
d. The facility shall be operated in a manner that will not impede traffic
on Bandini Boulevard or Bonnie Beach Place. No truck maneuvering,
truck staging or truck parking associated with the facility shall take
place offsite or on the public street without prior approval from the
Public Works Department.
e. 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 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 wrong doing 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.
f. The facility shall meet all applicable requirements of Air Quality
Management District Rule 403 Fugitive Dust.
g. Permittee shall provide the City with a Fugitive Dust Control Plan for
review and approval by the City and implementation by the Permittee
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prior to the start of operations. Plan shall be modified at any time as
requested by the City. At a minimum, plan shall require the following:
x Install at each point of vehicle egress from the site a wheel
shaker/wheel spreading device consisting of raised dividers (rails,
pipe, or grates) at least 24 feet long and 10 feet wide to remove
bulk material from tires and vehicle undercarriages before
vehicles exit the site. Device shall be maintained as necessary to
remove accumulated material.
x All material tracked on the public right-of-way by vehicles entering
or exiting the site shall be removed at the conclusion of each
workday or shift.
x Truck loading – Pre-water material prior to loading/unloading.
Continue to add water during loading/unloading to reduce fugitive
dust emissions. Maintain at least six inches of freeboard on haul
vehicles. Use tarps or other suitable enclosures on inbound and
outbound trucks whether carrying a load or empty. Check seals
on belly-dump and end-dump trucks regularly to prevent spillage.
Comply with track-out mitigation requirements.
x Crushing – pre-water material prior to loading in crusher. Apply
water to crushed material to prevent dust plumes. Adjust
application of water as necessary to prevent generation of visible
dust.
x Screening – pre-water material prior to screening. Install wind
barrier with a porosity of no more than 50% upwind of screen to
the height of the drop point.
x Stockpiles/Material handling – Apply water to at least 80% of the
surface area of all storage piles on at least a daily basis to ensure
no visible fugitive dust. Add or remove material from the
downwind portion of the stockpile.
x At all times provide the Public Works Department with updated
24-hour contact information for a person with the authority to
expeditiously employ sufficient dust mitigation measures to
ensure that fugitive dust is not being generated.
h. Property owner shall plant and maintain 20 trees of a size and
species acceptable to the City along the perimeter of the property.
i. Outdoor storage and activities of all materials, products, and
equipment shall be screened or otherwise hidden so as not to be
visible from the street; however, the screen shall be at least 8 feet in
height and shall not exceed 10 feet in height as measured from grade
level. The screen shall be maintained in good condition.
j. 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
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no force or effect unless written acceptance and agreement is
submitted to the City within the twenty-day period.
k. All surfaces including but not limited to structures, equipment and
vehicles on or immediately adjacent to the premises shall be
maintained free of graffiti. Graffiti shall be removed within 24-hours of
initial discovery.
l. At all times the site shall be maintained in good condition, free of
weeds, rubbish and debris, and secured from public access.
m. The site shall be inspected at least quarterly by City staff to ensure
compliance with these conditions.
n. Noncompliance with any of these conditions shall constitute sufficient
grounds for the City of Vernon to void this CUP, disconnect utilities,
and/or take appropriate enforcement action including citation and/or
fines for a violation.
E. The City Council of the City of Vernon determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in
this Resolution, that the facts in this Resolution are supported by substantial evidence in
the record, including testimony received at the public hearing, the staff presentations,
the staff report, and all materials in the project files. The City Council of the City of
Vernon expressly declares that it considered all evidence presented and reached these
findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon finds and determines that the
above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon authorizes a Conditional Use
Permit be Granted to the City of Los Angeles to operate an asphalt recycling plant at
4221 Bandini Boulevard.
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Resolution No. 2025-006
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SECTION 4. The City Clerk or Deputy City Clerk shall certify the passage and
adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED APRIL 1, 2025.
________________________
JUDITH MERLO, Mayor
ATTEST:
YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
I CERTIFY THAT RESOLUTION NO. 2025-006 was passed and adopted by the City
Council of the City of Vernon at the Regular Meeting on April 1, 2025, by the following
vote:
AYES: 4 Council Members: Lopez, Rivera, Ybarra, Merlo
NOES: 0
ABSENT: 1 Council Member: Larios
ABSTAIN: 0
________________________________
YONNIE PARKER, Deputy City Clerk
(seal)
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City Council Agenda Report
Meeting Date:April 1, 2025
From:Daniel S. Wall, P.E., Director of Public Works
Department:Public Works
Submitted by:Daniel S. Wall, P.E., Director of Public Works
Subject
Conditional Use Permit for City of Los Angeles to Operate an Asphalt Recycling Plant at 4221
Bandini Boulevard
Recommendation
A. Conduct a Public Hearing;
B. Find that the proposed project is exempt from California Environmental Quality Act (CEQA)
review pursuant to Class 32 In-Fill Developments (CEQA Guidelines 15332) as the property is
surrounded with compatible industrial uses and no adverse impacts from traffic, parking, noise,
dust, air quality, or water quality are expected to occur from this project; and
C. Adopt Resolution No. 2025-006 approving a Conditional Use Permit allowing the City of Los
Angeles to operate an asphalt recycling plant at 4221 Bandini Boulevard and making certain
findings as necessary.
Background
A Conditional Use Permit (CUP) provides flexibility within zoning ordinances and allows for
proper integration of uses into the community which may only be suitable in specific locations or
designed and constructed in a particular manner or under certain conditions. A CUP requires
City Council approval as noted in Chapter 17.72 of the Vernon Municipal Code (VMC) which
specifies the conditions that must be met and appropriate process for granting a CUP.
An application was submitted for a CUP allowing the City of Los Angeles (the “Applicant”) to
operate an asphalt recycling plant at 4221 Bandini Boulevard (the “Property”) (Attachment 4).
This plant will receive asphalt pavement being removed from City of Los Angeles street projects
which will be crushed and stockpiled for use as road base and/or for use as aggregate in new
asphalt pavement on City of Los Angeles street projects. The buildings on the property currently
contain 55,000 square feet of floor space. The applicant plans to demolish approximately 34,865
square feet of buildings on the 3.75-acre property. No new structures will be built on the property.
Project
The proposed project is an asphalt recycling plant occupying a property previously occupied by
four businesses. The total number of employees for the project is estimated to be seven (7). The
plant will operate from 5:00 am to 1:30 pm Monday through Friday, and occasionally on
weekends.
Vehicle Movements and Access
The proposed project will provide thirty-five (35) automobile parking spaces and ten (10) truck
parking spaces. Located at the corner of Bandini Boulevard and Bonnie Beach Place, vehicles
will enter the site from Bonnie Beach Place and exit on Bandini. It is estimated that the project
will generate up to 60 to 80 truck round trips per day. Given its location and previous uses and
time of operation, traffic in the area will not be adversely affected by the proposed project.
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Zoning and General Plan Consistency
The proposed project will be consistent with the City’s General Plan upon approval of the CUP.
Section 17.22.030 of the Vernon Municipal Code authorizes recycling facilities in the I Zone with
a Conditional Use Permit.
CEQA Analysis
The proposed project is surrounded by properties with compatible industrial uses. No adverse
impacts from traffic, parking, noise, dust, air quality, or water quality are expected to occur from
this project. Staff has determined that the project is categorically exempt from CEQA pursuant to
Class 32 In-Fill Developments (CEQA Guidelines 15332).
State and Federal Conditions
All State, Federal and local regulatory permits shall be obtained as required for the operation.
Staff Findings
Section 17.72.060 of the VMC states that a Conditional Use Permit shall not be granted unless
all of the findings listed below have been 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 proposed project will provide adequate parking and truck staging and is
adequate in size, shape and topography for the proposed use.
ii. The site will be constructed to ensure that the drainage and landscaping conform
to the requirements of the VMC.
b. The use permitted will not have a material adverse impact on the public.
i.No adverse impacts including impacts from traffic, parking, noise, dust, air quality,
or water quality are expected to occur from this project.
c.The proposed use is compatible with the existing authorized uses of surrounding and
adjacent properties.
i.The proposed use is similar to manufacturing, transportation and warehousing uses
of surrounding and adjacent properties.
d. The lot has adequate off-street parking and loading facilities, and vehicle maneuverability
for the proposed use.
i.All required parking is provided on-site.
ii. Site circulation with vehicles entering on Bonnie Beach Place and exiting onto
Bandini helps to ensure adequate maneuverability for the proposed use.
e. The location, operation and design for the proposed use is consistent with the General
Plan, any applicable specific plan and the zoning regulations of the City.
i.The proposed use with respect to the location, operation and design is consistent
with the City’s Zoning Code and General Plan with the approval of a CUP.
f. The use is consistent with all applicable Federal, State, and local laws, rules and
regulations.
i. The proposed use is consistent with all applicable Federal, State, and local laws,
rules and regulations because the conditions of the project require that all required
permits be obtained and followed.
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g. The proposed use will not have a significant adverse impact on the general welfare as a
result of noise, increased traffic, interference with the flow of traffic, or dust.
i. The proposed project will not adversely impact the general welfare because
sufficient parking, loading and maneuvering will be provided on site. The project
has access to Bonnie Beach and to Bandini which are of adequate size and
pavement type to handle to traffic generated by the proposed project.
ii. The proposed project will not cause excess noise or dust.
h. The conditions applied to the permit are necessary to protect the public health, safety, and
general welfare.
i. 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 a manner consistent with that represented by
the applicant.
Conditions
It is recommended that the following conditions be set on the permit. These conditions are
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
and other nuisances.
c. 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.
d. The facility shall be operated in a manner that will not impede traffic on Bandini Boulevard
or Bonnie Beach Place. No truck maneuvering, truck staging or truck parking associated
with the facility shall take place offsite or on the public street without prior approval from
the Public Works Department.
e. 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 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 wrong doing 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.
f.The facility shall meet all applicable requirements of Air Quality Management District Rule
403 Fugitive Dust.
g.Permittee shall provide the City with a Fugitive Dust Control Plan for review and approval
by the City and implementation by the Permittee prior to the start of operations. Plan shall
be modified at any time as requested by the City. At a minimum, plan shall require the
following:
Install at each point of vehicle egress from the site a wheel shaker/wheel spreading
device consisting of raised dividers (rails, pipe, or grates) at least 24 feet long and 10
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feet wide to remove bulk material from tires and vehicle undercarriages before vehicles
exit the site. Device shall be maintained as necessary to remove accumulated material.
All material tracked on the public right-of-way by vehicles entering or exiting the site
shall be removed at the conclusion of each workday or shift.
Truck loading – Pre-water material prior to loading/unloading. Continue to add water
during loading/unloading to reduce fugitive dust emissions. Maintain at least six inches
of freeboard on haul vehicles. Use tarps or other suitable enclosures on inbound and
outbound trucks whether carrying a load or empty. Check seals on belly-dump and
end-dump trucks regularly to prevent spillage. Comply with track-out mitigation
requirements.
Crushing – pre-water material prior to loading in crusher. Apply water to crushed
material to prevent dust plumes. Adjust application of water as necessary to prevent
generation of visible dust.
Screening – pre-water material prior to screening. Install wind barrier with a porosity of
no more than 50% upwind of screen to the height of the drop point.
Stockpiles/Material handling – Apply water to at least 80% of the surface area of all
storage piles on at least a daily basis to ensure no visible fugitive dust. Add or remove
material from the downwind portion of the stockpile.
At all times provide the Public Works Department with updated 24-hour contact
information for a person with the authority to expeditiously employ sufficient dust
mitigation measures to ensure that fugitive dust is not being generated.
h.Property owner shall plant and maintain 20 trees of a size and species acceptable to the
City along the perimeter of the property.
i. Outdoor storage and activities of all materials, products, and equipment shall be screened
or otherwise hidden so as not to be visible from the street; however, the screen shall be
at least 8 feet in height and shall not exceed 10 feet in height as measured from grade
level. The screen shall be maintained in good condition.
j. 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 written acceptance and agreement is
submitted to the City within the twenty-day period.
k. All surfaces including but not limited to structures, equipment and vehicles on or
immediately adjacent to the premises shall be maintained free of graffiti. Graffiti shall be
removed within 24-hours of initial discovery.
l. At all times the site shall be maintained in good condition, free of weeds, rubbish and
debris, and secured from public access.
m.Noncompliance with any of these conditions shall constitute sufficient grounds for the City
of Vernon to void this CUP, disconnect utilities, and/or take appropriate enforcement
action including citation and/or fines for a violation.
Public Hearing
In accordance with VMC Sections 17.72.040 and 17.68.040 a public hearing has been properly noticed
for April 1, 2025 at 9:00 a.m. (Attachments 2 and 3).
Fiscal Impact
On February 5, 2025 the City received a Conditional Use Permit Processing Fee of $18,919.25
which was recorded to General Fund, Licenses Permits Franchises, Conditional Use Permits
Account No. 011-410-000-410280.
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Attachments
1. Resolution No. 2025-006
2. Notice of Public Hearing
3. Affidavit of Mailing
4. Conditional Use Permit Application