Resolution No. 6510
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RESOLUTION NO. 6510
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
MARDOCHEE AND LUBOV AZRIA, FROM SECTIONS
26.4.6-7 AND 26.4.2-8 OF THE
COMPREHENSIVE ZONING ORDINANCE, FOR
THE PROPERTY LOCATED AT 2761 FRUITLAND
AVENUE IN THE CITY OF VERNON
WHEREAS, Mardochee and Lubov Azria own a parcel of
property located at 2761 Fruitland Avenue in the city of Vernon
which requires a variance from sections 26.4.6-7, Automatic
Expiration of Non-conforming Building and 26.4.2-8, Development
Standards, of the Comprehensive Zoning Ordinance; and
WHEREAS, the building is approximately 175,000 square
feet and will be used for garment manufacturing; and
WHEREAS, the building has been vacant for a continuous
period greater than one year and Zoning Ordinance section 26.4.6-7
specifies that a building which has been vacant for a continuous
period greater than one year shall not be occupied except in the
case that it has been brought into conformity with all
regulations; and
WHEREAS, the building was constructed with twelve non-
conforming truck loading spaces on Fruitland Avenue measuring 10.0
feet in width and 38.0 feet in length and 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
WHEREAS, the building was constructed with no
maneuvering space in front of the non-conforming truck loading
spaces on Fruitland Avenue and Zoning Ordinance section 26.4.2-8
(e) specifies that a minimum of 40 feet of unobstructed space
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shall be maintained in front of all truck loading spaces; and
WHEREAS, Mardochee and Lubov Azria are proposing a two-
phase construction project in order to bring the building into
conformance; and
WHEREAS, Phase I of the construction will upgrade the
building for their current needs; and
WHEREAS, Phase II of the construction project will bring
the building into conformance with parking, loading, ADA, frontage
and all other code requirements and will provide parking on the
roof of the building with a ramp to provide access; and
WHEREAS, until completion of Phase II, Mardochee and
Lubov Azria will use the non-conforming truck loading spaces on
Fruitland Avenue; and
WHEREAS, until completion of Phase II, and subject to
a temporary occupancy permit, Mardochee and Lubov Azria will use
the second floor of the building for offices, warehouse and
cutting purposes and will use the first floor only for the loading
and unloading of vehicles and the movement of merchandise to the
freight elevators; and
WHEREAS, the existing street right-of-way on Fruitland
Avenue is 50 feet wide, 20 feet of which is north of the
centerline, but the street is built to 60 feet wide, 30 feet of
which is north of the centerline and 10 feet of which is located
on the owners' property, currently used as street and sidewalk;
and
WHEREAS, the property line radius on the corner is
currently 20 feet and City of Vernon drawing number P2259
specifies that the property line shall have a 50 foot radius; and
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. .
WHEREAS, 2761 Fruitland Avenue is located in
the Mzone 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 September 20, 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 26.4.6-7, Automatic
Expiration of Non-conforming Building of the Comprehensive Zoning
Ordinance, requiring that a building which has been vacant for a
continuous period greater than one year shall not be occupied
except in the case that it has been brought into conformity with
all regulations, and 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 for
two years to Mardochee and Lubov Azria at 2761 Fruitland Avenue.
SECTION 3: The variance shall be granted subject to
the following conditions: (a) prior to any modifications or
construction, all necessary permits shall be obtained from the
city of Vernon; (b) only the second floor and the loading space
shall be occupied prior to the completion of Phase II
construction. The tenant shall obtain a temporary certificate of
occupancy prior to occupying any portion of the structure and
shall comply with all conditions therein; (c) the usage of the
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non-conforming truck loading spaces on Fruitland Avenue 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; (d) permits for Phase II of the
construction project which will bring the building into
conformance with all regulations including, but not limited to,
parking, loading, building code and ADA requirements shall be
obtained wi thin one year. Construction shall be completed wi thin
two years; (e) within two years hereof, the non-conforming
loading spaces on Fruitland Avenue shall be sealed and the
driveways shall be removed and replaced with city of Vernon
standard curb, gutter and sidewalk; (f) within six months hereof,
all other frontage improvements shall be completed as shown on
City of Vernon drawing number P2259 and all necessary property for
street widening shall be deeded to the City of Vernon; (g) within
30 days hereof, Mardochee and Lubov Azria shall deliver a
$50,000.00 performance bond to the City of Vernon, to be refunded
upon compliance with all of the above conditions or to be retained
by the City of Vernon if compliance with the above conditions has
not been attained by September 20, 1996; and (h) if any of the
above conditions are not met the temporary certificate of
occupancy will be voided and the domestic water and power to the
facility will be shut off.
SECTION 4: Noncompliance with these conditions 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.
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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 20TH day of september, 1994
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ATr;0 /~
BRUCE V. 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. 6510 was duly adopted by the city Council of
the city of Vernon at a regular meeting of the city Council duly
held on Tuesday, September 20, 1994 and thereafter was duly signed
by the Mayor of the City of Vernon.
4~
BRUCE V. MALKENHORST, city Clerk
(SEAL)
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