Resolution No. 6409
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RESOLUTION NO. 6409
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
CONCEPT ENTERPRISES, INC., FROM
SECTION 26.4.2-8 DEVELOPMENT STANDARDS,
OF THE COMPREHENSIVE ZONING ORDINANCE,
FOR THE PROPERTY LOCATED AT 4260 CHARTER
STREET IN THE CITY OF VERNON
WHEREAS, Concept Enterprises, 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 4260 Charter Street; and
WHEREAS, the physical condition of the property is
unique in that the existing building measuring approximately
38,500 square feet was constructed with eight non-conforming
truck loading spaces 9.0 feet in width: one being 48.7 feet in
length; one being 53.0 feet in length; one being 59.0 feet in
length; and five being 61.5 feet in length; and
WHEREAS, Concept Enterprises, Inc. uses the building
for warehousing, and Zoning Ordinance section 26.4.2-7 (b)
requires three truck loading spaces for buildings with a gross
floor area of between 25,001 and 50,000 square feet in size; and
WHEREAS, Zoning Ordinance section 26.4.2-8 (c)
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
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unreasonable hardship by requiring the eight non-conforming
spaces to be 10 feet wide and 65 feet long; and
WHEREAS, Concept Enterprises, 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, 4260 Charter 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 26, 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 Concept Enterprises, Inc. at
4260 Charter 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.
SECTION 4: Noncompliance with this condition shall
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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.
AT~
BRUCE V.
APPROVED AND ADOPTED THIS 26TH day of April, 1994
( . ..".>"
~~'
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MALKENHORST, City Clerk
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STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, city Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6409 was duly adopted by the City Council of
the City of Vernon at a adjourned regular meeting of the City
Council duly held on Tuesday, April 26, 1994 and thereafter was
duly signed by the Mayor of the City of Vernon.
A- /
BRUCE V. MALKENHORST,
(SEAL)
4
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,of' Mh 'I (/
~x~t CITY COUNCIL
,j LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 13, 1994
City Council
City of Vernon
Honorable Members:
Concept Enterprises, Inc. has submitted an application for a
Variance from the Comprehensive Zoning Ordinance, Section
26.4.2-8, Development Standards, for the building located at 4260
Charter street, and transmitted herewith is the the following
evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report.
The building has eight non-conforming truck loading spaces that
are 9 feet wide. Five of the spaces are 61.5 feet long, and the
other three are 48.7, 53, and 59 feet long. The company is
proposing to use only vehicles of a smaller length at these
docks. This has been reviewed by the Interim Director of
Community Services, and it is hereby recommended that the
Variance be granted with the following Condition:
1. The truck loading spaces shall be limited
so that any truck parked at the loading docks
shall not extend into the street right-of-way
as shown on the Master Plan of Streets dated
June 16, 1992.
;!'
ver.Y/tru1Y yo~rc~~~/
//1: /</4j~:::2:/~-
Bruce V. Malkenhorst
City Clerk
BVM/hr
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April 12, 1994
TO:
Bruce V. Malkenhorst, City Administrator
v
FROM:
victor H. vaits, Director of community Services
SUBJECT: Variance - Concept Enterprises, Inc. @ 4260 Charter st.
Concept Enterprises, Inc. has submitted a variance
application. They are requesting a variance from the Comprehensive
Zoning Ordinance, section 26.4.2-8, Development Standards, for the
building located at 4260 Charter Street. The building has eight
non-conforming truck loading spaces 9.0 feet in width: one being
48.7 feet in length; one being 53.0 feet in length; one being 59.0
feet in length; and five being 61. 5 feet in length. They are
proposing to use only vehicles of a smaller length at these docks.
Herewith is the following evidence:
1. Application for variance.
2. Affidavits of posting and mailing.
3. Notice of pUblic hearing.
4. Engineers report.
It is recommended that the variance be granted with the
condition that the truck loading spaces 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.
MR: reg
Attachments
}II
March 7, 1994
Mr. Victor H. Vaits,
Director of Community Services,
Department of Community Services,
City of V ernon,
4305 Santa Fe Avenue,
Vernon, CA90058
Dear Mr. Vaits,
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This is to confirm that Mr. Eric M. Iwafuchi, Vice-President of Concept
Enterprises, Inc. is authorized by Kwang and Liu Company, the property owner of
"Los Angeles County Assessor's Map Book 6304, Page 021, Parcel 032" (at 4260
Charter Street, Vernon, CA 90058) to act on its behalf in the application for
variance of the truck loading facility requirement of the above-mentioned property.
Should you have any queries, please do not hesitate to contact me at (213) 582-
2832.
Sincerely,
David Kwang
Partner
DK:em
" .
Page 1 of 4
APPLICATION FOR VARIANCE
Application is hereby made to the City of Vernon, petitioning for a
variance for the following described property:
Leqal descr i pt ion (g i ve exact legal descr ipt ion) : LOS ANGELES COUNIY ASSESSOR'S
MAP MAP BOOK 6304, PAGE 021, PARCEL 032
MAR23 '94~777M0994 15=37 AMONT 500.00
General location (give street address): 4260 CHARTER STREET
VERNON, CA 90058
Applicants:
Name: CONCEPT ENTERPRISES, INC.
Ma i ling address 4260 CHARTER STREET, VERNON, CA 90058
Record owners ( s) .of property: Name KWANG & LIU CO.
Mailing address 4260 CHARTER STREET, VERNON, CA 90058
Telephone (213) 582-2832
Telephone(J13) 582-2832
Property owner{s) representative: Name ERIC M. IWAFUCHI
Ma i ling address 4260 CHARTER STREET , VERNON , CA 90058
Telephone(213) 582-2832
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor) Vice Pres. of their company
;
Written consent of owner(s) must be
attached.
Present use of property:WAREHOUSE& ASSEMBLY
Proposed use of property: tJARF.HOnSTNG /l" ASSFMRT.v
How long has owner held title to this property ?ll'~S
Present Zoning:
M
_- Are there any easements controlling the use of this property?@ Yes
described
Expiration date
-
Are there any private or deed restrictions controlling use of this
property? ~ Yes, describe
Page 2 of 4
Variance applied for (described in detail the nature and purpose of this
request for which the premises are to be used) attach additional sheet(s)
if necessary:
SEE ATTACHED
NOTICE TO APPLICANT: In th~ variance procedure it shall be shown that
the following five (5) conditions exist in reference to the property being
considered. The applicant should answer the following statements. If you
have difficulty finding reasonable answers to the statements contained in
this application it may be an indication that your request has insufficient
factors to justify approval. (Attach additional sheet(s) if necessary)
(1) That special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not generally
applicable to other lands, struct~res, or buildings in the same vicinity
and zone:
SEE ATTACHED
(2) That literal interpretation of the provisions of this ordinance would
deprive the applicant of rights comm~nlyenj~yed by other properties in the
same vicinity and zone in which the property is located, under the terms of
this Chapter.
SEE ATTACHED
.,
Page 3 of 4
(3) That the special conditions and ~ircumstances do not result from
actions of the applicant:
SEE ATTACHED
(4) That granting the variance requested will not confer on the applicant
any special privilege that is denied by this Chapter to other lands,
structures, or buildings in the same vicinity and zone in which the property
is located:
SEE ATTACHED
( 5 ) T ha t the g ran tin g 0 f s ti c h va ria n c e w n 1 be i n harm 0 ny and not a d v e r s e 1 y
affect the Comprehensive General Plan:
SEE ATTACHED
NOTE:
Non-conforming use of neighboring lands, structures, or buildings shall not
be considered grounds for the issuance of a variance.
Are the r e qui red sit e and des i g n p lot P 1 an s s how i n g the area covered i n t ht-~)
legal description and all ixisting arid proposed improvements attached? NO~
Are the required three (3) area maps attached? NO/~
. .
"'.""
Page 4 of 4
Is there a certified list attached
property owners within 300' of the
this application? _~
N u((!9
of names and mailing addresses of all
exterior boundaries of the property in
Is the required fee enclosed? NO/~
Make check or money order payable to ~City of Vernon.
I declare under penalty of
belief the foregoing is tr
Signed:
t the best of my knowledge and
nd accurate.
Date
sentative
~\~ \~I \4QcL
APPLICATION FOR VARIANCE
CONCEPT ENTERPRISES, INC.
4260 CHARTER STREET
VERNON, CA 90058
Application is hereby made to the City of Vernon, petitioning for a variance of the truck
loading facility requirement at 4260, Charter Street, Vernon, CA 90058. The gross floor
area of the above-mentioned property is 42,635 square feet with eight (8) off-street truck
parking and/or loading spaces. Two out of these eight spaces are ofa length shorter than
the 65 feet length requirement under Section 26.4.2-8(c) of the current zoning ordinance
(namely, Space #7 is 6 feet short; Space #8 is 18 feet short). The applicant wishes to
present the following circumstances for the City's consideration :
(1) In the past eleven years of operation, there had never been any occasion where the
two non-conforming truck parkinglloading spaces need to be utilized. This will remain the
situation for the foreseeable future. And, as a matter of fact, the interior of these two
loading docks has long been utilized as permanent storage area.
(2) The applicant hereby undertakes that if, in the future, due to change of
circumstances, the two non-conforming spaces need to be used, no obstruction would be
extended into, or otherwise caused to, the public right-of-way.
(3) The applicant submits that the strict literal interpretation of the truck
parkinglloading space requirement would deprive the applicant of the rights to enjoy the
property in question in manners conforming with public health, safety and welfare. The
applicant further submits that the applicant is in compliance with the spirit of the
legislation in that. the existing conforming parkinglloading spaces are more than adequate
to accommodate trucks being loaded, unloaded, or waiting to load or unload. To recess
the non-conforming dock, which had not and will not be used for loading and unloading,
would involve major construction work and expenses and at the same time reduce
valuable storage area.
(4) No alteration has been made by the applicant to the loading dock and Space #7
and #8 since the property was acquired. And in the past eleven years, no obstruction to
the public right-of-way had ever been caused by the use of the two non-conforming
parkinglloading spaces.
(5) The applicant submits that the granting of this variance will not confer on the
applicant any special privilege that is denied by this Chapter to other lands, structures, or
buildings in this vicinity and zone in view of the fact that the applicant will not be using the
spaces in question in manners infringing public health, safety or welfare.
(6) The applicant also submits that the granting of such variance will be in harmony
with, and not adversely affect, the Comprehensive General Plan.
PROPERTY OWNERS LIST STATEMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The undersigned has duly prepared the attached "Property Owners List.;' This list includes
all of the names, and respective adresses, of persons being owners of property any part of
which is within 300 feet of the outer boundaries of the property located at 4260 Charter
Street, Vermpm. CA 90058 . This information is to be obtained from the latest available
Los Angeles County Tax Assessment Roll.
-,
March 7, 1994
, from the Tax Roll maintained at
This list was prepared on
County of Los Angeles Tax Assessor's Office - South El Monte Office.
(name and location of office)
1441 Santa Anita, South El Monte, CA
It is understood that the accuracy and completeness of
the appl icant. -
State of CALIFORNIA
} 55.
County of LOS ANGELES
J.................~~~............................
... ~ ,_: FELIPE JIMENEZ f
co'. . COMM. # 1005122 z
i ! -: . Notary Public - California ~
J LOS ANGELES COUNlV J
.... : .... ~ ~C~:,' :Xpl~es....SE~1-: 1~7
Signed
Signed
YN MAK
(Print Name)
4260 CHARTER S'IREEI'
(Street Address)
VERNON CA 90058
(City, State, Zip)
(213) 582-2832
(Phone No.)
On this the ~ day of
MARCH
94
19_. before me,
~
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FELIPE JIMENEZ, NOTARY PUBLIC
the undersigned Notary Public. personally appeared
ERIC M IWAFUCHI
C personally known to me
t; proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) IS
within instrument, and acknowledged that
WITNESS my hand and official seal.
subscribed to the
executed it.
HE
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PROPERTY OWNERS LIST
Concept Enkrp"i~, L\G.
4260 CHARTER STREET, VERNON, CA 90058
(~pplicants Address)
Page 1
of 1
. Street City
Key I Book PaQE Parcel Owner Address State/ZiD
Mac Donald, Jack H. P.O. Box 385 Montrose, CA
13 6304 21 13 et al 91020
- Newbury Park,
18 6304 21 14 Tune1,1p Mas ters, inc. 2001 Corporate Center Dr. CA 91320
420f Olartlr- St. Iv ernon, CA
15 6304 21 15 Partnership . . 4201 Charter St. 90058
Los Angeles,
21 6304 21 21 Cosala Inv.' Co. 5129 Reynier St. CA 90056
Harwin, Dixon R and - Beverly Hills:
24 6304 21 24 Lo1s II TRS, D and L 9300 Wilshire Blvd. CA 90212
Harwin Trust and
Stem. Alfred
. Sherman Oaks,
31 6304 21"".. 31 Hanson, Lawrence A,Jr 3900 Deervale Dr. CA 91403
.
. . . Vernon, CA
43 6304 21 43 VlDB PINSHP 4309 Exchange' Ave, 90058
Brown Beverly F. TR 1323 Pavia Pl. Pacific
45 6304. 21 45 Beverly F Brown Trust P~~'2des, <:A
49 6304 Packers Investinents' 4215 Exchange Ave. Los Angeles,
21 49 CA 90058
Gittelson, A Co-TRS. 4265 Exchange Ave. Los Angeles,
50 6~04 21 50 'Gittelsonand ., . ,. CA 90058
Schweibish Trust
So. San
55 6304 21 55 JFC International Inc. 540 Forbes Blvd. .. F9~BgbSCO, CA
. Cor--cept- Ehierp"i ~~ I:me. 4-Zito Cf-ar+-e.r ~ \krrx>n 1 CA
90055
., 'Jerr'O) J CA
Eric.. M. Iwoht.hi 4-2..CoO ~ ~
9C05~
~.
,
JP~
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SSe
CITY OF VERNON )
I, Mary Frances Rutz, Engineering Technician of
the City of Vernon, do hereby certify that I did, on the
7th day of'April, 1994 at 7:30 a.m. post three (3)
copies of:
NOTICE OF PUBLIC HEARING to be held 4/26/94 (see
attached copy) regarding a variance application for
CONCEPT ENTERPRISES, INC. to allow the use of eight
non-conforming truck docks at 4260 Charter Street.
One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific Boulevard;
and on the bulletin board in the lobby 'of the City Hall of
the City of Vernon, located at 4305 Santa Fe Avenue,
all in said City, there being no newspaper of general
circulation printed and published in the City of Vernon.
Date: 4-- 7-44- ~~""CvnCl,c)~
Mary Fra ces Rutz, Enginee ing Technician
State of California )
) SSe
County of Los Angeles )
On~befOreme, .a~a.~
Notary Public, personally appeared Mary Frances Rutz,
personally known to me (or known to me on the basis of
satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal
0l~8' O~
I;
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i
AFFIDAVIT OF MAILING
I Mary Rutz, declare as follows:
1. That I am employed in the Community Services Department
in the position of Engineering Technician.
2. That on April 7, 1994 I mailed a copy of: NOTICE OF
SCHEDULING OF A PUBLIC HEARING to be held April 26, 1994 regarding
a variance application for 4260 Charter Street along with a cover
letter to the property owners and interested parties on the attached
lists, by depositing said copies in the united States Mail, with
postage fully prepaid.
~~~
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H. V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Refer to:
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 6, 1994
Interested parties or property owners:
Herewith for your information is a Notice of Public Hearing to
consider an application for a Variance for the property located at
4260 Charter street in Vernon. The applicant, Concept Enterprises,
Inc. is requesting a variance to allow the use of eight non-
conforming truck docks.
You are welcome to attend the meeting on April 26, 1994 send
written comments prior to the meeting if you so desire.
This notice is intended for interested parties or owners of
adjacent properties. If you are no longer an owner of property
within this area, please forward this notice of public hearing to
the new owner.
Very truly your!, ~
(/ie/;, # t/~ J "
victor H. vaits
Director of Community services
SKW: reg
*
ENGINEER'S REPORT
CONCEPT ENTERPRISES, INC.
VARIANCE APPLICATION
~i
Concept Enterprises, Inc. has requested a variance for the property
located at 4260 Charter street in the City of Vernon. The building that
they occupy was constructed with eight non-conforming truck loading spaces
9.0 feet in width: one being 48.7 feet in length; one being 53.0 feet in
length; one being 59.0 feet in length; and five being 61.5 feet in length.
Concept Enterprises, Inc. has stated that only vehicles of smaller lengths
will be used at the non-conforming truck loading spaces. The building is
used for warehousing and is approximately 38,500 square feet.
section 26.4.2-8 (c) of the Comprehensive Zoning Ordinance 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.
Concept Enterprises, Inc. has indicated that requiring the non-
conforming truck loading spaces to be 65 feet long by 10 feet wide would
be a hardship. They have indicated that they have no plans for expansion
or alteration of the building configuration. Their operation is in
conformance with the Zoning Ordinance and General Plan. Therefore, it is
recommended that the variance be granted with the condition that usage of
the truck loading spaces 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, ~ated June 16, 1992.
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City q1) ~~5i"
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4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
NOTICE OF A PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you
may attend.
Place:
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time:
Tuesday, April 26, 1994 at 5:00 p.m.
Applicant:
Concept Enterprises, Inc.
The purpose of the hearing is to obtain testimony from
affected andlor interested persons regarding this application. The
public is also invited to submit written comments regarding the
request prior to the Hearing.
Request:
Grant a variance to allow the tenant to
utilize eight non-conforming truck docks.
Property involved:
4260 Charter Street, Vernon, Ca 90058
Review of the file: The application, maps and supporting
information is available in the Department
of Community Services Office, Vernon City
Hall, 4305 Santa Fe Avenue, between the
hours of 7:15 a.m. and 5:15 p.m. Monday
through Thursday.
If you challenge the granting of this variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described
~~~~o~o~~~eo~rp~~o;r~;~e~h~O.~~.:~l~~~ence de1iv..e.r~ed to.:he city
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""7' . '/;. ... /" / ("A
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Bruce V. Malkenhorst
City AdministratorlCity Clerk
in
of
..
,If'
TO:
V
Bruce V. Malkenhorst, city Administrator
April 6, 1994
FROM:
victor H. Vaits, Director of community services
f
SUBJECT: Variance - Concept Enterprises, Inc. @ 4260 Charter st.
Concept Enterprises, Inc. has submitted a complete
application for a variance. They are reqesting a variance from the
comprehensive Zoning Ordinance, section 26.4.2-8. They are
proposing to utilize eight non-conforming truck docks. It is
recommended that you receive the application and that a public
hearing for this application be set for April 26, 1994.
MR: reg
Attachments