Resolution No. 6401
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RESOLUTION NO. 6401
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
MODERN FOODS, INC., FROM SECTION 26.4.2-8
DEVELOPMENT STANDARDS, OF THE
COMPREHENSIVE ZONING ORDINANCE, FOR
PROPERTY LOCATED AT 2317 38TH STREET
IN THE CITY OF VERNON
WHEREAS, Modern Foods, Inc. occupies a building which
requires a variance from section 26.4.2-8, Development
Standards, of the Comprehensive Zoning Ordinance, for the
property located at 2317 38th Street; and
WHEREAS, the physical condition of the property is
unique in that the existing building measuring approximately
12,000 square feet was constructed with two non-conforming truck
loading spaces measuring 10.0 feet in width: one being 48.0
feet in length and one being 27.7 feet in length; and
WHEREAS, Modern Foods, Inc. uses the building for
warehousing, and Zoning Ordinance section 26.4.2-7 (b) requires
two truck loading spaces for buildings with a gross floor area
of between 8,001 and 25,000 square feet in size; and
WHEREAS, Zoning Ordinance section 26.4.2-8 specifies
that each truck loading space shall be a minimum of 10 feet wide
and 65 feet long, and Section 26.4.6-4 (c) provides that a
non-conforming building must comply with these standards within
5 years of April 18, 1989 unless a variance is granted; and
WHEREAS, the application of the development
standards for the truck loading space requirements will create a
unreasonable hardship by requiring the two non-conforming
spaces to be 10 feet wide and 65 feet long; and
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WHEREAS, Modern Foods, Inc. has indicated that it has
no plans to expand or alter the building configuration and that
the existing truck loading spaces are sufficient for the
intended use; and
WHEREAS, Modern Foods, Inc. has access to the
conforming truck loading space of their sister company, Sweetner
Products,at the adjacent building and has an inside connecting
door for the transfer of product; and
WHEREAS, 2317 38th Street is located in the M zone
and the operation is consistent with the objectives of the
General Plan and Zoning Ordinance; and
WHEREAS, the City Council of the City of Vernon held
a hearing on said application for a variance on April 5, 1994.
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 recitals contained herein-
above are true and correct.
SECTION 2: A variance from section 26.4.2-8,
Development Standards of the Comprehensive Zoning Ordinance,
requiring all truck loading spaces to be 10 feet wide by 65
feet long is hereby granted to Modern Foods, Inc., at 2317 38th
Street.
SECTION 3: The variance shall be granted subject to
the following condition: the usage of the truck loading spaces
shall be limited so that no truck parked at the loading docks
shall extend into the street right-of-way as shown on the Master
Plan of Streets, dated June 16, 1992.
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SECTION 4: Noncompliance with this condition shall
constitute sufficient grounds for the City Council of the city
of Vernon to void this variance and require the application of
the authorized truck loading space requirement.
SECTION 5:
The City Clerk of the city of Vernon shall
certify to the passage of this Resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED THIS 5TH day of April 1994
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk o.f the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6401 was duly adopted by the City Council of
the city of Vernon at a regular meeting of the City council duly
held on Tuesday, April 5, 1994 and thereafter was duly signed
by the Mayor of the city of Vernon. .~ //
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BRUCE V. MALKENHORST, Clty Clerk
( SEAL)
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