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HomeMy Public PortalAbout2003.198 (10-21-03)1 RESOLUTION NO. 2003.198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DENYING APPEAL NO. 2003-01, ' THEREBY UPHOLDING THE DECISION OF THE ' LYNWOOD PLANNING COMMISSION TO APPROVE __~ CONDITIONAL USE PERMIT NO. 2003-22, TO PERMIT THE RELOCATION AND OPERATION OF A SOIL TREATMENT AND PROCESSING FACILITY (AMERICAN REMEDIAL TECHNOLOG~ES) AT 2600 - 2680 IMPERIAL HIGHWAY IN THE M(MANUFACTURING) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Ciry Council conducted a public hearing to consider Appeal No. 2003-01, an appeal of the Planning Commission approval of Conditional Use Permit No. 2003-22; and WHEREAS, Steven Hamilton of the Urban Environmental Affairs Councif appealed the decision of the Planning Commission of September 25, 2003; and ~ WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conduct a duly noticed public hearing on September 9, 2003, and approved Conditional .-, Use Permit No. 2003-22; and ; i . -- WHEREAS, the Lynwood City Council considered all oral and written testimony offered at the public hearing; and b WHEREAS, the Development Services Department has determined that the proposal may have potentially significant impacts on the environment. An Initial Study was performed, and conditions of approval and mitigation measures included to reduce potential impacts to a level of insignificance, and a Negative Declaration was prepared; and WHEREAS, American Remedial Technology currently operates a soi) treatment and processing facility at 2680 Seminole Avenue; and WHEREAS, American Remedial Technology proposes to relocate their business to the Philadelphia Gear property located at 2600 Imperial Highway. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and determines: A. The granting of the Condifional Use Permit will not adversely affect the General Plan. The General Plan Land Us2 designation is industrial that is consistent with the M(Manufacturing) zoning B. The proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. The subject properry is located in the M (Manufacturing) zone and such land uses are permitted subject to a Conditional Use Permit. ' C. The proposed location of the Conditional Use and the conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Conditions of approval and mitigation measures have been incorporated into the project and set forth in Resolution 2958 that will protect the public and mitigate potential impacts to a level of insignificance. ~ D. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances. The project complies with all provisions and standards set forth in Lynwood Municipal Code Section 25-11 pertaining to industrial land uses. E. The subject property is adequate in size and shape to accommodate the structures, parking, vehicle access and other development features. F. The project will provide productive use of available buildings, will produce local revenue and provide local employment. G. The proposed location is ~ superior to the existing location in that the subject property is farther from residential uses, has convenient freeway access, has more parking, has more and better truck stacking capabilities, and has larger and more modern buildings. Section 2. The City Council of the City of Lynwood hereby denies Appeal ~ No. 2003-01 and thereby upholds the decision of the Planning Commission to approve Conditional Use Permit No. 2003-22, the operation of a soil treatment and processing faciliry at 2600 - 2680 Imperial Highway subject to the following conditions: DEVELOPMENT SERVICES DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, California Building Code, Los Angeles County Health and Safety Code, and the Los Angeles County Fire Code. 2 Any proposed subsequent modification of the subject site or structures thereon shall be reported to the Development Services Department, Planning Division for review prior to modification. , 3. The applicant or his/her representative and property owner shall sign a Statement of Acceptance stating that they have read, understand and agree to all conditions of this resolution prior to the issuance of building permits or a business license. . ---, 4. The applicant shall meet the requirements of all other city departments to include but not be Iimited to Building & Safety, Environmental Services, Redevelopment, Finance and Code Enforcement. 5. The conditional use permit shall become operational within 180 days of this date, otherwise, the conditional use shall become null and void. One extension may be gr.anted if tt-~e e~ension is requested prior to expiration (i.e. March 9, 2003), at the discretion of the Development Services Department, Planning Division. -2- , PLANNING DIVISION 6. The project shail provide vehicle access and circulation in a safe and efficient manner to accommodate passenger vehicles, trucks and emergency vehicles. 7. The office buildings shall be ADA accessible. 8. Business address shall be displayed on the buildings in a prominent location that is visible from Imperial Highway, Alameda Street and Philadelphia Way. Such addresses shall be approved by the Los Angeles County Fire Department. 9. Exterior on-site lighting shall be provided along vehicular access ways and in ~ parking areas. Such lighting shall be directed away from adjacent properties. 10. Vehicle access aisles and parking aisle back-up areas shall~ provide a minimum of twenry-five feet (25') clearance.- Exits from vehicle access and parking areas sfiall be clearly posted witfi stop signs. ~ 11. The subject property shall ~ provide iandscaping a minimum of seven percent (7%) of~. the gross lot area. Such landscaping shall be installed and have a permanent irrigation system pursuant to detailed plans. - 12. Prior to installation of signs, the applicant shall submit detailed plans and obtain a sign permit from the Development Services Department, Planning Division. 13. American _Remedial Technology shall accept only petroleum contaminated and other non-hazardous soils as verified by a certifed laboratory. 14. American Remedial Technology sfiall not accept hazardous waste or soil containing free liquid. ~_ - ~ ~ 15. If any trucks entering the facility are identified as carrying hazardous waste or free liquid, such trucks shall not be permitted to leave the facility until they have complied with all regulations pertaining to the transport of such materials, including documentation and labeling requirements. 16. Refuse Storage Areas: Garbac~e or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids, or other comparable containers. Such containers shall be stored in an area that is enclosed on three (3) sides by a solid masonry and equipped with a' Iatched gate. The wall should be six feet (6') in height. 17. Vehicle parking and access areas shall be maintained in good condition free of potholes and deterioration. Such areas shall be resurfaced as required by the Development ServiceS Department, Planning Division. The required ofF-street parking shall be provided, striped~ and permanently maintained pursuant to the approved Site Plan and Lynwood Municipal,Code. 18. Hours of operation shall be Iirnited to truck traffic from 6:00 a.m. to 10:00 p.m. daily. Other non-vehicle activities may operate twenty-four (24) hours per day. 19. No truck shall be unloaded until the load passes visual inspection and a heated . copper wire test. After unloading the soils shall not be processed until a soil sample passes a laboratory analysis on-site. -3- Z0. All contaminated soil shall be stored inside a building at all times. 21. Fume hoods shall be installed over soil screening and crushing operations ;to collect fugitive dust emissions. 22. Tests of equipment shall be conducted a minimum of every twelve (12) months and more frequently if directed by the South Coast Air Quality Management District (AQMD). ~ 23. Treated soils shall remain on-site in designated storage areas until such soifs are verified clean by a certified laboratory-. 24. American Remedial Technology remediation processes and operations shall be conducted as permitted by the appropriate regulatory agencies. 25. Detailed records shall be kept on-site to verify regulatory compliance and such records shall be available to the City of Lynwood for inspection. The applicant shall deliver copies of all permits and~ renewal permits issued by regulatory agencies to the Development Services Department,, Planning Division within thirty (30) days after the issuance of each permit. 26. The. applicant shall comply with all permit requirements and conditions set forth the Environmental Protection Agency, California State Water Quality Control Board and South Coast Air Quality Management District. 27. The facility shal{ be operated a manner to ensure that ob}ectionable odors are not created. Z8. The applicant sha11 provide a routing map for a11 trucks accessing the subject properry identifying routes appropriate for the size of trucks accessing the site. 29. The applicant shall consult with and obtain approval from Southern California Gas Company and Southern California Edison Company regarding energy conservation measures for the subject business. ~ 30. The following records shall be maintained on fiie at the facility, updated on a daily basis and available for City inspection: • Soif load test data and acceptance documents. • Analytical reports from in-house and outside laboratories. . • Number of loads and weigh scale tickets accepted into the faciiity. • Identification of any trucks that are rejected at the facility. • Tonnage of soil treated daily. ~ • Inspections performed on all equipment. • Weekly inspections of the facility with comments on the vehicle access areas, ~ weigh scales, contaminated soil~ storage area, etc. ' • Description of maintenance performed on equipment. • Visitors to the facility. , • Emergency or upset conditions at the facility or~ on access roads within the City of Lynwood. -4- 31. American Remedial Technology shall prepare and maintain a Quality Assurance and Quality Control Plan that provides consistent rules to insure safe, effective and efficient operation within the requirements of all regulatory agencies. The ~ plan shall identify responsibilities and guidelines for operation of various ; components of the facility. The plan shall be submitted to the appropriate : ~~ regulatory agencies including the City of Lynwood Development Services . Department, Planning Division, , ,. . , 32. Ail personnel at the facility shall secure a 40-hour OSHA/HAZMAT training . certificate and shaN take an 8-hour update course annually for operating stafF. . Copies of such certificates shalf be kept on file at the facility. 33. Monitoring of the ambient air quality shall be conducted and monitored in consultation with OSHA and the AQMD to verify ambient air quality in the vicinity ~ of the facility.~ . , ~ 34. The property siiall be maintained in a neat, clean and orderly manner at all times. Outside storage areas shall not block or impede vehicle access or parking. 35. Prior to construction or installation of fences, the applicant shall submit plans and ~ obtain a fence permit from the Development Services Department, Planning Division. Such fences, walls, security grills, etc. shall be architecturally compatible witfi the design of the building. ~ 36. Parking shall be provided in accocdance with the Lynwood Municipal Code. Such ; parking stalls shall measure a minimum of 9' x 20'. One (1) handicap parking ._._._` stall sliall be provided for each twenty-five (25) stalls and comply with ADA standards. ` ~ ~ 37. Heating, cooling, venfitation and all other mechanical equipment shall be screened from public view and ~adjacent properties. Such equipment shall comply with the City's Noise~ Ordinance as not to disturb adjacent properties. 38. Pursuant to City Ordinance No. 1319, prior to painting or altering exterior. colors, the applicant shall ~ submit color samples to the Development Services Department, Planning Division for review and approvaL .. 39. The applicant and property owner shall maintain a pro-active approach~ to the elimination of graffiti. Graffiti'shall~be removed within twenty-four (24) hours. 40. Conditions of approval shall be copied on the cover sheet of plans submitted to the Building & Safery Division prior to the issuance of permits. 41. The applicant shall pay to the City of Lynwood a fee of $0.35 per ton of soil processed. Such fee shall be paid quarterly and' in a timely manner. BUILDING AND SAFETY DIVISION 42. AII construction~ shall meet or exceed the minimum building standards that are ~ referenced in the following codes: The Uniform Building Code - 2001 edition; The Uniform Plumbing Code - 2001 edition; , The Uniform Mechanical Code - 2001 edition; ~ . The Los Angeles County Fire Code 1999 edition; The National Electric Code - 2001 edition; -5- All as amended by the California Building Code of 2001. In case where the provisions of the California Building Code, the Lynwood Municipal Code, or the plans or specifications in these plans .may conflict, the more restrictive provisions shall govern. ' LOS ANGELES COUNTY FIRE DEPARTMENT 43. The applicant shall contact and comply with all provisions set forth by the Los Angeles County Fire Department, ,Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4129. PASSED, APPROVED AND ADOPTED this 215t day of October, 2003 the Lynwood City Council. ~ ~ ATTEST: ~~~~~ ~, ANDREA L. HOOPER, City Clerk APPROVED AS TO CONTENT: GRANT TAYLOR, cial Assistant Development Services Department '~ERNANDO PEDROZA, Lynwood Ciry Council FA STIN N LE , City Manager APPROVED AS TO FORM: i'" ~ ~] MICHA MONTGOMERY~' Attorney Planning Commis~c~ounsel -6- STATE OF CALIFORNIA ) - ~ ~ COUNTY OF LOS ANGELES ) ~ • ~ ~ I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the 'y foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 7~ S~ day of (lrtnhPr , 2D03. AYES, COUNCILM9EN REYES, SANTILLAN, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN; COUNCILMAN BYRD ABSENT: NONE _ , ~ ~~~~ ~~ ~ . City Clerk, City of Lynwood ~ STATE OF CALIFORNIA ) ; i ~ ~ , COUNTY OF LOS ANGELES ) ~ I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and . ~ correct copy of Resolution No. 2003.198 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. - Dated this 21st day of October , 2003. . ~.~ --~-~ ~ ~ City Clerk, City of Lynwood ; ~, . _ -7_