Resolution No. 6522
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RESOLUTION N9 6522
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
CHAMPION INTERNATIONAL CORPORATION FROM
SECTION 26.4.2 -8 DEVELOPMENT STANDARDS,
OF THE COMPREHENSIVE ZONING ORDINANCE,
FOR THE PROPERTY LOCATED AT 3100 44TH
STREET IN THE CITY OF VERNON I
WHEREAS, Champion International corporation owns a
parcel of property located at 3100 44th Street in the City of
Vernon and has requested a variance from conformance with Section
26.4.2-8, Development Standards, of the Comprehensive Zoning
Ordinance; and
WHEREAS, Champion International corporation uses the
building for the manufacturing of paper products and the physical
condition of the property is unique in that the existing building
measures approximately 90,000 square feet and was constructed with
fifteen non-oonforming truck loading spaces, ten measuring 10.0
feet in width and 52.5 feet in length, and five measuring 10.0
feet in width and 54.5 feet in length; and
WHEREAS, Zoning Ordinance Section 26. 4 . 2 -7 (b) requires
four truck loading spaces for buildings with a gross floor area
of between 50,001 and 100,000 square feet in size.
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, there is insuff icient space on the property and
the application of the development standards for the truck loading
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1 space requirements will create an unreasonable hardship by
2 requiring the non-conforming spaces to be 10 feet wide by 65 feet
3 long; and
4 WHEREAS, Champion International Corporation has
5 indicated that it has plans to recess the five easterly truck
6 loading spaces; and
7 WHEREAS, 3100 44th Street is located in the M zone
8 and the manufacturing operation is consistent with the objectives
9 of the General Plan and Zoning Ordinance; and
10 WHEREAS, the City council of the City of Vernon held a
11 hearing on said application for a variance beginning on October
12 18, 1994, which was continued to March 7, 1995.
13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
14 THE CITY OF VERNON AS FOLLOWS:
15 ~ECTION 1: The City Council of the City of Vernon
16 hereby finds and determines that the recitals contained herein-
17 above are true and correct.
18 SECTION 2: A variance from section 26.4.2-8,
19 Development Standards of the Comprehensive Zoning Ordinance,
20 requiring all truck loading spaces to be 10 feet wide by 65 feet
21 long is hereby granted to Champion International Corporation at
22 3100 44th Street.
23 SEqTION ~: The variance shall be granted subject to the
24 following conditions: (a) Champion International Corporation
25 ("Champion") shall bring the five easterly truck loading spaces
26 measuring 54.5 feet in length and 10.0 feet in width into
27 compliance with Section 26.4.2-8, Development Standards of the
28 Comprehensive Zoning Ordinance. Plans for said construction shall
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1 be submitted within five months of adoption date of this
2 resolution, permits shall be issued for said work within six
3 months of the adoption date and construction shall be started on
4 said work within nine months of the adoption date and construction
5 shall be completed within one year of the adoption date unless an
6 extension is granted by the City council; (b) At all times prior
7 to the commencement of retrofit construction and subsequent to the
8 completion of the retrofit, the usage of the ten non-conforming
9 westerly truck loading spaces measuring 52.5 feet in length shall
10 be limited to trucks of smaller lengths so that no truck parked
11 at the westerly loading docks shall extend into the street right-
12 of-way as shown on the Master Plan of streets, dated June 16,
13 1992; (c) within seven days of the adoption of this Resolution,
14 Champion shall deliver a $10,000 certificate of Deposit to the
15 city of Vernon, to be refunded to Champion, including the interest
16 earned, upon compliance with condition (a) or if compliance with
17 above condition (a) has not been attained then the deposit shall
18 be paid to the City of Vernon which is authorized to utilize the
19 proceeds to construct curb, gutter, sidewalk and a suitable
20 barrier to eliminate the usage of all non-conforming loading
21 docks; (d) during the period between adoption of this Resolution
22 and Champion's performance of condition (a), Champion agrees to
23 indemnify and hold the City of Vernon harmless against damages
24 reSUlting from trucks utilizing Champion's facility extending onto
25 the sidewalk or street; (e) The adoption of this Resolution shall
26 not be construed as a waiver by the City of Vernon with respect
27 to the enforcement of the provisions of California Vehicle Code
28 Section 22500 et seq.; and (f) all existing and future tenants
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shall be notified of these restrictions and a condition stating
the same shall be placed in all future leases.
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 Zoning
Ordinance section 26.4.2-8 and the authorized truck loading space
requirement.
SECTION ~: 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 7TH day of March, 1995
~q,~/
THOMAS A. YB , Mayor Pro Tem
A7~/~
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. 6522 was duly adopted by the City Council of
the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, March 7, 1995 and thereafter was duly signed
by the Mayor Pro Tem of the City of Vernon.
A-
BRUCE V.
Clerk
(SEAL)
5
SUPPORTING
DOCUMENTS
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..-....
May 1, 1995
TO:
David Brearley - City Attorney
K . 'w . 1 1(.u) t' . t
eV1n 1 son - Ac 1ng D1rec or
Water
-.......-.................. ...............S;-;.;,;......
FROM:
of community services &
SUBJECT: CHAMPION INTERNATIONAL/PERFORMANCE BOND
Please review the attached Performance Bond for Champion
International and approve as to form.
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T'()' D'S OffICE
NISTRA- \' '
erN ADMI C 'JEHNON
CIT'( Or
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CENTURY CITY
2029 CENTURY PARK EAST
LOS ANGELES. CALIFORNIA 90067-3026
GIBSON, DUNN & CRUTCHER
LAWYERS
333 SOUTH GRAND AVENUE
JAS. A. GIBSON, 1852-1922
W. E. DUNN, 1861-1925
ALBERT CRUTCHER, 1860-1931
LOS ANGELES, CALIFORNIA
ORANGE COUNTY
4 PARK PLAZA
IRVINE. CALIFORNIA 92714-8557
(213) 229-7000
TELI!:X: 674930 GIBTRASK LSA
FACSIMILE: (213) 229-7520
90071-3197
RE\....~'''e.O
1 '\935
SAN FRANCISCO
ONE MONTGOMERY STREET. TELESIS TOWER
SAN FRANCISCO, CALIFORNIA 94104~4505
April 28, 1995
"'It\! Sel'Jices
Cammu\I ,)
NEW YORK
200 PARK AVENUE
NEW YORK, NEW YORK 10166-0193
WASHINGTON
1050 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20036-5306
PARIS
104 AVENUE ~NO POINCARE
75116 PARIS. FRANCE
LONDON
30/35 PALL MAll
LONDON SWIY 5lP
HONG KONG
10TH FLOOR, TWO PACIFIC PLACE
a8 OUEENSWAY
HONG KONG
TOKYO
TORANOMON 3-CHOME ANNEX BLDG.
3-7-12 TORANOMON, MINATO-KU
TOKYO 105. JAPAN
AFFILIATED SAUDI ARABIA OFFICE
.)ARIR PLAZA, OLAYA STREET
P.O. BOX 15870
RIYADH 11454, SAUDI ARABIA
SAN DIEGO
750 B STREET
SAN DIEGO, CALIFORNIA 92101-4605
~
1717 MAIN STREET
DALLAS. TEXAS 75201-7390
~
1801 CALIFORNIA STREET
DENVER, COLORADO 80202-2694
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999 THIRD AVENUE
SEATTLE, WASHINGTON 98104-7089
WRITER'S DIRECT DIAL NUMBER
OUR FILE NUMBER
(213) 229-7946
T 93038-00462
Mr. Samuel "Kevin" wilson
Acting Director of Community Services
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Re: Chamnion International/Performance Bond
,Dear Kevin:
Please find enclosed an originally executed
Performance Bond in the amount of $10,000.00 required by
Champion International's Variance and a power of attorney from
Employers Insurance of Wausau. I would appreciate it if you
could send me a copy of the Bond as soon as the City Attorney
executes it.
The Bond will continue until released by the city of
Vernon. Accordingly, once Champion International completes
its retrofit, we will ask the City to provide the requisite
notice to Employers Insurance of Wausau.
Thank you again for your assistance and patience.
Very truly yours,
~~?~
Edith Ramirez
ER/pac
Enclosure
cc: Stephen B. Brown
lL951180,098I-1 +
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"
PERFORMMfCE BOND #2359-54-036704
KNOW ALL MEN BY THESE PRESENTS: THAT
WHEREAS, the City Council of the City ~f Vernon, a
municipal corporation, by action on the 7th day of March 1995,
has approved a Variance for Champion International
Corporation, hereinafter designated as the "Principal"j and
WHEREAS said Principal is required under the
conditions of said Variance to furnish a bond for the faithful
performance of said conditions, a copy of which Variance is
attached hereto and made a part hereof by reference.
NOW, THEREFORE, we, the Principal and Employers
Insurance of Wausau, a mutual company, as Surety, are held
firmly bound unto the CITY OF VERNON hereafter called the
"Obligee, It in the penal sum of TEN THOUSAND DOLLARS
($10,000.00) lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and
successors, jointly and severally and firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the
abovebounden Principal, its heirs, executors, administrators,
successors or assigns shall in all things stand to and abide
by, and well and truly keep and perform said conditions in
said Variance at the time and in the manner therein specified,
and in all respects according to their true intent and
meaning, and shall indemnify and save harmless obligee as
therein stipulated, Obligee shall so notify Surety and this
obligation shall become null and void; otherwise, it shall be
and remain in full force and virtue. Obligee has agreed to
execute such documents and provide such notice as are
reasonably requested by Principal to evidence satisfaction of
Principal'S obligation under said Variance.
fe- ..
"
I. ..-
IN WITNESS WHEREOF, three (3) identical counterparts
of this instrument, each of which shall for all purposes be
deemed an original hereof, have been duly executed by the
Principal and Surety above named, on the 25th day of April,
1995.
::mii}~~ .mRro~T:ON
Name EMPLOYERS INSURANCE OF WAUSAU
(Surety) A Mutual Company
BY('/ .Q~S~
~torneY-ln-Fact)
CHARLENE EASON
APPROVED AS TO FORM:
D~'\?, ~~~
DAVID B. BREARL Y, Clty A torney
l1951010.11913+
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No,223-184- 00940
EMPlOYERS INSURANCE OF WAl..&\lJ A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF W AUSAU A Mutual Company, a corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
CHARLENE EASON
its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN
OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF TEN MILLION
~
DOLLARS ($10,000,000).
-
and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
attorney-in,fact may do in the premises,
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
meeting duly called and held on the N~th day of May, 197:~, which resolution is still in effect:
"RESOLVED, that the President and any Vice President - elective or appointive - of EMPLOYERS INSURANCE OF
W A USAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF W AUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach
thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF W AUSAU
A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
upon the EMPLOYERS INSURANCE OF W AUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached,"
IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1 ST day of
JANUARY ,19-2L.
/~-:-:.:~:--
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if to.H)-.." n
~\SE'AL ;;/
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EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
I-'~ ~-----
By
J. Stephen Ryan
Attest: A dAb
R, J. Blsteman/
Vice President
Assistant Secretary
STATE OF WISCONSIN )
) ss,
COUNTY OF MARATHON)
On this 1ST day of JANUARY , 19..2l.-, before me personally came
J. Stephen Ryan , to me known, who being by me duly sworn, did depose
and say that he is a vice president of the EMPLOYERS INSURANCE OF W AUSAU A MutualCompany, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ,
I~ WIT~ESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written.
~all~
Patricia A. Kleman
NOTARY PUBLIC
STATE OF WISCONSIN ) STATE OF WISCONSIN
CITY OF WAUSAU ) ss. MY COMMISSION EXPIRES MAY 29,1994
COUNTY OF MARATHON) CERTIFICATE
I. thp undersigned. assistant secretary of EMPLOYERS INSURANCE OF W AUSAU A Mutual Company, a Wisconsin
corporatIOn, do hpn.h~' cprtif.v that thp foregoing and attachpd power of attornev. WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN REI) INK. remains in full force and has
nllt nepn rt'\'okpd: and furthprmon' that the resolution of the Hoard ofl>irpctors set forth in the power of att<~ey is still in force,
Signed and ," ed in the.C' . of W ausa~arathon County, State of Wisconsin, this .;;)5 - day
of .,,'jS A,dAb
/ ./
Notary Public
l~~:~:;~::i(~~\
\~>'f.,;~:~~;f.i~)
R, J, Besteman
Assistant Secretary
NOTE: IF YOU HAVE ANY qUESTIONS RE(;ARI>JNG THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY. CALL TOLL FREE (HOO) H2fi,Hifil. tiN WISCONSIN. CALL(HOO) 472-(041),
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A, YBARRA
Mayor Pro- Tem
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
FAJ(:(818)~5818
S. KEVIN WILSON
Acting Director of Community Services & Water
FAJ(: (213) 588-2761
KENNETH]. DeDARIO
Director of Light & Power
FAJ(: (213) 583-1983
DAVE TELFORD
Fire Chief
FAJ(: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAJ(: (213) 581-1178
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
March 20, 1996
Champion International Corporation
1 Champion Plaza
Stamford, Conn. 06921
Attention: Karen Balko
Dear Ms. Balko:
The conditions placed on the Variance granted to Champion
International Corporation March 7, 1995, have been met and the
work required completed.
We are hereby releasing any interest in Wasaw Insurance Bond
#2359-54-036704.
very/truly yours, ,
11:~~/'//~ /, / '
"',' ,/ ,':1.'4 /~~
,//-'j,/.;/I!:'l~'f;<l::
.,Samuel KeVln Wllson, P. E.
Director of Community Services & Water
Ips
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CITY COUNCIL
LEONIS C, MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm, "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
City Council
City of Vernon
Honorable Members:
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
March 2, 1995
The request of Champion International Corporation (Champion) for a
variance from Section 26.4.2-8 of the Comprehensive Zoning Ordinance,
Development Standards, for the building located at 3100 44th Street,
was referred back to the Acting Director of Community Services for
further review based on the information and discussions presented
during the public hearing held February 2l, 1995. Transmitted
herewith is the Engineer's Report dated March 2, 1995 as prepared by
the Department of Community Services.
Champion advises they will recess the five easterly truck loading
spaces and use only vehicles of a smaller length at the non-conforming
truck loading spaces. This matter has also been reviewed by the City
Attorney, and it is hereby recommended that the Variance be granted
subject to the following Conditions:
l. Champion shall bring the five easterly truck loading spaces
measuring 54.5 feet in length and lO.O feet in width into
compliance with Section 26.4.2-8, Development Standards, of
the Comprehensive Zoning Ordinance. Plans for said construction
shall be submitted within five months of approval of this
Variance, permits shall be issued for said work within six months
of the date approved; and construction shall be started on said
work within nine months of the approval date; and construction
shall be completed within one year of the date approved unless
an extension is granted by the City Council.
2. At all times prior to the commencement of retrofit construction
and subsequent to the completion of the retrofit, the usage of the
ten non-conforming westerly truck loading spaces measuring 52.5
feet in length shall be limited to trucks of smaller lengths so
that any truck parked at the westerly loading docks does not
extend into the street right-of-way as shown on the Master Plan of
Streets dated June l6, 1992.
*
-..'
\.
City Council
Re: Champion International Corp.
March 2, 1995
Page 2
3. Within seven days of the approval of this Variance, Champion shall
deliver a $lO,OOO Certificate of Deposit to the City of Vernon, to
be refunded to Champion, including interest earned, upon
compliance with Condition No. li or if compliance with Condition
No. 1 has not been attained then the deposit shall be paid to the
City of Vernon which is authorized to utilize the proceeds to
construct curb, gutter, sidewalk and a suitable barrier to
eliminate the usage of all non-conforming loading docks.
4. During the period between approval of the Variance and Champion's
performance of Condition No. l, Champion agrees to indemnify and
hold the City of Vernon harmless against damages resulting
from any trucks utilizing Champion's facility which extend onto
the sidewalk or street.
5. The approval of this Variance shall not be construed as a waiver
by the City of Vernon with respect to the enforcement of the
provisions of California Vehicle Code Section 22500 et seq.
6. All existing and future tenants shall be notified of these
restrictions and a condition stating the same shall be placed in
all future leases.
V~y/~
Bruce V. Malkenhorst
City Clerk
BVM!hr
.. .
... -.
March 6, 1995
~ Y"
()/FR~M:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson;~cting Director of community
Services & Water
SUBJECT: Variance - Champion International Corporation @ 3100
44th Street
Champion International Corporation has submitted a
variance application. It is requesting a variance from the
Comprehensive Zoning Ordinance, section 26.4.2-8 Development
Standards, for the building located at 3100 44th Street. The
building has fifteen non-conforming truck loading spaces, ten
measuring 10.0 feet in width and 52.5 feet in length and five
measuring 10.0 feet in width and 54.5 feet in length. It has
stated that it will recess the five easterly truck loading spaces
and use only vehicles of a smaller length at the non-conforming
truck loading spaces.
Attached herewith is revised engineer's report.
It is recommended that the variance be granted subject to
the following conditions: fa) Champion International Corporation
("Champion") shall bring the five easterly truck loading spaces
measuring 54.5 feet in length and 10.0 feet in width into
compliance with section 26.4.2-8, Development Standards of the
Comprehensive Zoning Ordinance. Plans for said construction shall
be submitted within five months of adoption date of this
resolution, permits shall be issued for said work within six months
of the adoption date and construction shall be started on said work
within nine months of the adoption date and construction shall be
completed within one year of the adoption date unless an extension
is granted by the City council; (b) At all times prior to the
commencement of retrofit construction and subsequent to the
completion of the retrofit, the usage of the ten non-conforming
westerly truck loading spaces measuring 52.5 feet in length shall
be limited to trucks of smaller lengths so that no truck parked at
the westerly loading docks shall extend into the street right-of-
way as shown on the Master Plan of Streets, dated June 16, 1992;
(c) within seven days of the adoption of this Resolution, Champion
shall deliver a $10,000 Certificate of Deposit to the City of
Vernon, to be refunded to Champion, including the interest earned,
upon compliance with condition (a) or if compliance with above
condition (a) has not been attained then the deposit shall be paid
to the City of Vernon which is authorized to utilize the proceeds
to construct curb, gutter, sidewalk and a suitable barrier to
eliminate the usage of all non-conforming loading docks; (d) during
the period between adoption of this Resolution and Champion's
performance of condition (a), Champion agrees to indemnify and hold
the City of Vernon harmless against damages resulting from trucks
utilizing Champion's facility extending onto the sidewalk or
street; (e) The adoption of this Resolution shall not be construed
as a waiver by the City of Vernon with respect to the enforcement
of the provisions of california Vehicle Code section 22500 et seq.;
and (f) all existing and future tenants shall be notified of these
restrictions and a condition stating the same shall be placed in
all future leases.
BW: reg
Attachment
ENGINEER'S REPORT
CHAKPION INTERNATIONAL CORPORATION
3100 44TH STREET
VARIANCE APPLICATION
KARCH 2, 1995
~.yJ
Champion International Corporation has requested a variance
from the Comprehensive Zoning Ordinance Section 26.4.2-8,
Development Standards, for the property located at 3100 44th
Street in the City of Vernon. The building that it owns was
constructed with fifteen non-conforming truck loading spaces, ten
measuring 10.0 feet in width and 52.5 feet in length, and five
measuring 10.0 feet in width and 54.5 feet in length. It has
stated that it will recess the five easterly truck loading
spaces. It has also stated that only vehicles of smaller lengths
will be used at all of the non-conforming truck loading spaces.
The building is used for the manufacturing of paper products and
is approximately 90,0000 square feet in size.
Section 26.4.2-7 (b) requires four truck loading spaces for
buildings with a gross floor area of between 50,001 and 100,000
square feet in size. Section 26.4.2-8 (c) of the Comprehensive
Zoning Ordinance specifies that each 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 five years of April 18, 1989 unless a variance
is granted.
Champion International corporation has indicated that
,...r
requiring the fifteen non-conforming truck loading spaces to be
65 feet long by 10 feet wide would be a hardship. The operation
is in conformance with the Comprehensive Zoning Ordinance and
General Plan. Therefore, it is recommended that the variance be
granted subject to the following conditions: (a) Champion
International Corporation ("Champion") shall bring the five
easterly truck loading spaces measuring 54.5 in length and 10.0
feet in width into compliance with section 26.4.2-8, Development
Standards of the Comprehe.nsi ve Zoning Ordinance. Plans for said
construction shall be submitted within five months of adoption
date of this resolution, permits shall be issued for said work
within six months of the adoption date and construction shall be
started on said work within nine months of the adoption date and
construction shall be completed within one year of the adoption
date; (b) At all times prior to the commencement of retrofit
construction and subsequent to the completion of the retrofit,
the usage of the ten non-conforming westerly truck loading spaces
measuring 52.5 feet in length shall be limited to trucks of
smaller lengths so that no truck parked at the westerly loading
docks shall extend into the street right-of-way as shown on the
Master Plan of Streets, dated June 16, 1992; (c) within seven
days of the adoption of this Resolution, Champion shall deliver a
$10,000 certific,ate of Deposit to the city of Vernon, to be
refunded to Champion, including the interest earned, upon
compliance with condition (a) or if compliance with above
condition (a) has not been attained then the City of Vernon will
be authorized to forfeit said deposit and utilize the proceeds to
, ..
.
construct curb, gutter, sidewalk and a suitable barrier to
eliminate the usage of all non-conforming loading docks unless an
extension is granted by the City Council; (d) during the pe~iod
between adoption of this Resolution and Champion's performance of
condition (a), Champion agrees to indemnify and hold the City of
Vernon harmless against damages resulting from trucks utilizing
Champion'S facility extending onto the sidewalk; (e) The adoption
of this Resolution shall not be construed as a waiver by the City
of Vernon with respect to the enforcement of the provisions of
California Vehicle Code Section 22500; and (f) all existing and
future tenants shall be notified of these restrictions and a
condition stating the same shall be placed in all future leases.
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Fax #
T 93038.004~2
(213) 229--7151
: Mr. Samuel Kevin Wilson
, Acting'Dln:ctor of Community Services
CITY OP VBNON .
, 4305 Santa Fe Avenue
: Vemon, California 900S8
Re: ' 3100 Bast 44th StIeet
Los An&cles, Califomia 900S8
VariaDc::e A~rhft~ Int~onal
Dear Mr. Wilson:
We appreciate tho City's willioc- to continue to explore the ~rtunities
for a com~mise in this matter. We have reviewed the City'S files re1atin~ to CbaJnpion
IntematioDal's variance application. including the City Attorney'S memorandum of
J8IlUUY D, 1995 ana1yzillgthe \cp1 aJIUIIICIIlS we ~ in support of CbalIqlion"
application and recominendinl that the variance be denied. This letter responds to that
: report.
We understand that the City Attor.neY ~ves an apparent conflict betW(\ell
the relief Champion seeks and vehicle COde Section 22500 prohibiting vehicles from
stoppinI. slaIIding, or par\dnf 011 a 1ldcWalk. 11lo&e twO issueS, hoWeVCI'. ore enlUelY
~ and should not be jOllled ~ether. To e)iminate fUrther confusion, Champion
Iniema.tional hereby modlf1eS its vanance application to clarify that it doeS not seek an
exemption from the Vehicle Code but rather asks OII1y for an additional ~ and a half
within which to retrofit its five easterly bays. We hope this clarification wi1l1ead you to
revise your position and recommend in favor of ehampion's variance request.
We contin~ to believe that Vehicle Code Section 22500 is inapplicable to
OUf situation and reserve tho right to ~. this issue issue at a later date, but In an effort to
reach a compromise, champion is wi11in1 to concede for purposes of its application that
. ' , O'~2/2' 213 588 2761
1/95 12.20 ft213 588 2761 VERNON COMM SVS
..FEB 21 '95 12: 11 GIBSON DUNN CRUTCHER .
~ 001/001
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GIBSON, DUNN" CRUTCHER
February 21, 1995
Pale 2
the Vehicle Code may apply. However. the fact that Vehicle Code Section 22500 may be
applicable to Champion's use of its facility doeI not mean. as the City Attomey contends.
that Champion.s application for a variaRce should be denied. Enforcement of the Vehicle
Code and enforcement of the Ci~ of Vemon"s loadiOI dock requirements are two distinct
issues that must be addresse4 ~tly of one another. Champion is simply asking
the City to exercise its authOrity uDder Section 26.4.64(d) of the Vernon Municipal Code
to relieve it of tho striet app1ica1ion of the loading dock ordinance. Champion has already
expJained at ~th that cteDial of such relief would libly constitute an impermissible
, inirlngcment of Its vested property ri,ChtI. , .
The City A~'S attempt to dispense with our argument that a five-year
amortization period is constitutiOnally in8deqate by noting that Champion., building is not
a new fadlity reveals thai he misunde1'stand$ our ~n. We are not arguing that
Champion his had insuffident time to a.mottUe its initial construction costs. Rather, we
pointed out that in the last seven years alone, Champion has made capital improvements in
the bUilding totalling $62S,~. It is this investment, coupled with more than torty years
Qf business operations, which Champion stands to lose if lts building is rendered unusable
by virtue of the strict application of the City's retrofit requirements. Given the magnitude
of the recent investments made, by Cham~ and the magnitude of the investment that is
nec:es~ to retrofit its loac:lb1& dOcks. it 1S highly likely that a court would sustain a
constitutional cba1lenge by Champion against the City.s retrofit ordinance. We note that
the City Attorney did not cite a SlOgle case with facts similar to our situation in suWOrt of
the argument that the amortiJation peli.ocl providecl Champion was adequate. The City
should therefore permit Champion additional lime to satisfy the City's retrofit
requirements.
Champio.n acknowledges that ttucks using its facility sometimes encroach on
the sidewalk. Unfortunately. ~ is not in a position to eliminate the problem
because many of the trucks that extend onto the sidewalk are trUCks over which it has no
controL It would be unfair to have Champion's propeny rigbtsjeopardize4 by acts of
others over which it has no control.
Recognizi!l, the City'. concern about violations of Vehicle Code
Section 22500, Champion would not be adverse to the inclusion of language in the
variance Stating that the owner acknowledges that Vehicle Code Section 22500 may apply
to the use of its fadlity and that relief from the loading dock ordinance is not intended to
be construed as a waiver by the City of the requirements of the Vehicle Code. Granting a
,variance along the Una we suuest would give Champion the time it needs to lengthen its
five easterly docks whUe at the same time fcaving the City free to enforce the Vehicle
Code. Once the retrofit of the five bays is complete. Champion will be able to ensure that
Jl2 trucks utilizing its facility will encroach onto the sidewalk.
. We also point out apin that other propcrt)' owners have been granted relief
similar to that which we are seeking. On June 7, 1994, the City Council ~ranted U.S.
Growers Cold Storage, Inc. a variance on the condition that it bring its bUilding into
compliance with the loading dock ordinance by:March 1, 1996. U.S. GrONCl'S was also
asked to deliver a $50,000 Cartificate of deposit to the City, but si,nificantly,no other
condition was attached to the variance. We have previously subnutted photOgraphic
,-
02/21/95 12:15 fr213 588 2761 .
- FEB 21 '95 12: 12 GIBSON DUNN CRUTCHER
VERNON COMM.SVS
IgJ 002/002
'-
P.4
GIBSON, OUNN &: C~UTCHe:R
Peb1'U!UY 21, 1995
hae 3
evidence doeumentin, encroachment of their trucks not just onto the sidewalk but onto the
. snet as well. It.appem that the City did not view the Vehicle Code as an obst.ade to the
arantiDa' ofa variance to U.S. Growers. Similarly, we feel that the Vehicle Code should
dOt be used to deny Champion's application. I am certain there is no need to remind the
City that discriminatory enforcement of a statute may provide the basis for an equal
protection claim.
With the modifications we have outlined above, the relief we request is
en.f:ireIy consistent with the City's inte.rpnGtion of the Vehicle Code and should therefore
be granted. We very much appnrciatc the attention. the City has given this matter and trust
that a compromise will be fo.i'dicoming. ' ,
Very truly yours,
n U\
Am~~
ARF/er
c:c: Ms. !4ary Rutz
Mr. ~~ B. Brown
Mr. JobiJ. Umbcq
Ms. Bdith Ramirez
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WRITER':. OIl:lf:CT OIAL NUM8ER
OUR FILE NUM8CA
(213) 229.,.1151
T 93038..Q0462
Mr. Samuel Kevin WIlson
Acting Director of Community Services
CITY OF VERNON
4305 Santa Fe Avenue
Vemon, California 90058
Re: 3100 East 44th Street
Los Angeles, California 90058
Variance Application/Champion International
Dear Mr. Wilson:
We Lave reviewed the Engineer.s Report that you forwarded to us on
February 2, 1994 and are, frankly. rather swprised at the position you are now taking with
respect to Champion International's variance application. The compromise we suggested
in our letter of January 18, 1995 was simply a modification of the written offer you made
to us on December 12, 1994 stating that Champion would only be required to retrofit the
five loading docks on the eastern part of the facility as long as the work could be
completed within six months. We in turn explained that while we are willing to make the
necessary capital improvements, we need additional time in which to perform the work.
Now. after months of discussion and only days prior to the public hearing, you tell us, for
the first time that our proposal is ur.acceptable because it would constitute a violation of
Vehicle Code Sections 22500 and 22507.2. Your reliance on the Vehicle Code as the basis
for denying our variance fails to engage on any level the constitutional issues we have
raised and is unlikely to withstand judicial scrutiny. We urge you to reconsider your
position, and join With us in a mutually acceptable compromise.
First, we would like to clarify that we did not, as the Engineer's Report
indicates, ask to have unrestricted use of all of the docks in our facility prior to ,completing
the retrofit. As a condition to the variance, we would be more than willing to immediately
restrict usage of the ten westerly docks so that trucks do not encroach on the public right of
.
FEB 07 '95 14:32 GIBSON DUNN & CRUTCHER
, ...
.
P.3
GIBSON, DUNN & CRUTCHER
February 7, 1995
Page 2
way. Second, the trucks utilizing our loading docks do not, as your Report suggests, stop
or park on the m=t in a" direction opposed to n~rmal traffic. Vehicle Code S 22502 is
thus inapplicable to our situation.
We also take issue with your interpretation and application of Vehic1e Code
S 22500(f). We find no indication in the statute or in the decisional law interpreting it
that the relief we have requested would violate Section 22SOO's prohibition avinst
stopping or parking Won a sidewalk.. We do not ask that trucks be permitted to park won-
the entire sidewalk, Le. parallel to the street. Rather, we seek only to allow trucb
encroach into a small portion of the sidewalk in front of our private driveway until we can
recess the five bays. Unlike some of our neighbors, we will not be blocking the sidewalk.
More importantly J we are doubtful that this Vehicle Code section can be
used to override Champion International's constitutionally protected property rights. The
public benefit that would be gained by applying and enforcing Section 22500 against
Champion pales in comparison to the severe hardship that Champion would be required to
bear J thereby making it unh"kely that such an application would pass constitutional muster.
If in fact the City is bound by the Vehicle Code to deny our application, then what was the
legal basis for the proposal you made to us in your letter of December 12, 19941 How is
it that the City has the legal authority to grant us an extension of six months to retrofit but
not to give us an additional extension' Moreover, if we take your argument to its logical
conclusion, then the City lacked authority to enact the five-year amortization period in the
first instance. Surely this cannot be the case. It was clearly within the province of the
City of Vernon to enact the loading dock retrofit requirement along with the five-year
amortization provision. Similarly J the City has the power to extend the amortization
period when a property owner demonstrates, as we have done, that the amortization period
provided in the ordinance is constitutionally inadequate as applied to it.
The City has already made accommodations along the lines that we are
seeking to other property owners who have shown that compliance with the retrofit
requirement entails a sigriificant economic burden. The most notable example is that of
our neighbors across the street, U.S. Growers. You yourself informed us that the City has
permitted them an additional three years within which to retrofit their loading docks. In
the meantime, trucks utilizing their facility are being pennitted to encroach not only onto
the sidewalk but also onto the street. It defies reason for you to argue to us now that it
would be a violation of the Vehicle Code and against the public health, safety, and welfare
for the City to grant our variance, while at the same time acknowledging that there are
property owners who have been granted variances with conditions less onerous than the
ones to which we have agreed.
.
~' FEB 07 '95 14:32 GIBSON DUNN & CRUTCHER
GIBSON, DUNN & CRUTCHER
Feb~ 7, 1995
Page 3
P.4
We honestg want to avoid a confrontational position with the City. All that
we require is additional time to complete the necessary work. We hope that at the Council
meeting today a mutually agreeable solution can be found.
Very truly yours,
(' ~
Amy~
ABP/er
cc: Ms. Mary Rutz
Mr. Stephen B. Brown
Mr. John Umberg
Ms. Edith Ramirez
t.l.95037O.OWl+
1>
~
C'\ 0,,; ~1rJ/
~tu {t!~51,
Jt.f/J NOTICE OF CONTINUANCE OF PUBLIC HEARING
. ~ IN THE HATTER OF APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION, INC.
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD FEBRUARY 7,
1995 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO
CONSIDER AN APPLICATION FOR A VARIANCE FROM CHAMPION
INTERNATIONAL CORPORATION, INC. WAS CONTINUED TO FEBRUARY 21,
1995 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL I.OCATED AT 4305 SANTA FE AVENUE. VERNON. CALIFO,~IA //
~S/( czdU~(jV
ruce V. Malke horst .,
City Clerk
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 8th day of February
1995, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: ~/!lfJ
Clerk
Parked trucks extending
into public right-or-way
CHAMPION INTERNA TIONAL
CORPORA TION
3100 44th Street
BRUCE V, MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
,,!/j!q(
~v
. DAVID B. BREARLEY
~ City Attorney
r Al FAX: (818) 330-5818
/ VICTOR H. V AITS
, I~ ~ \ Director of Community Services & Water
[\7 ' 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
Wm. "BILL" DAVIS
Councilman
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A, YBARRA
Mayor Pro-Tem
H. "LARRY" GONZALES
Councilman
W, MICHAEL McCORMICK
Councilman
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
In Reply Refer to:
February 2, 1995
City Council
City of Vernon
Honorable Members:
City staff has continuously met with Champion International
Corporation regarding their application requesting a variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8, Development
Standards, for the building located at 3100 44th Street, and
transmitted at this time is the following evidence:
1. New Engineer's Report dated January 25, 1995
2. City correspondence with Champion
International Corporation
After many meetings without progression, the company is requesting a
period of four years to recess the five easterly loading docks in
order that vehicles using such loading docks will not extend into the
street right-of-way. This has been reviewed by the Acting Director of
Community Services and the City Attorney, and it is hereby recommended
that the Variance ~ denied.
";:!{t:y/%,
Bruce V. Malkenhorst
City Clerk
BVM/hr
*
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4\..,v)
ENGINEER'S REPORT
CHAMPION INTERNATIONAL CORPORATION
3100 44TH STREET
VARIANCE APPLICATION
JANUARY 25, 1995
Champion International Corporation has requested a variance
from the Comprehensive Zoning Ordinance Section 26.4.2-8,
Development Standards, for the property located at 3100 44th
Street in the City of Vernon. The building that it owns was
constructed with fifteen non-conforming truck loading spaces of
which ten measure 10.0 feet in width and 52.5 feet in length and
five measure 10.0 feet in width and 54.5 feet in length. The
building is used for the manufacturing of paper products and is
approximately 90,000 square feet in size.
Section 26.4.2-7 (b) requires four truck loading spaces for
buildings with a gross floor area of between 50,001 and 100,000
square feet in size. Section 26.4.2-8 (c) of the Comprehensive
Zoning Ordinance specifies that each 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 five years of April 18, 1989 unless a variance
is granted.
Champion International Corporation has stated that it can
limit the size of trucks used at the westerly ten loading docks,
but it cannot limit the size of vehicles used at the easterly
five loading docks. It would be willing to recess the easterly
~
~
~.
~ ~
five loading docks only if it was given four years in which to
complete the work. In the meantime, it would expect to have
unrestricted use of all of the docks.
Section 22500 of the Vehicle Code of the State of California
prohibits vehicles from stopping, standing or parking on a
sidewalk or in front of a driveway and Section 22502 prohibits
commercial vehicles on a roadway from stopping or parking on a
roadway in a direction opposed to normal traffic when loading or
unloading merchandise. A city is only authorized by Vehicle Code
Section 22507.2 to allow an owner or lessee to park in front of
the owner's or lessee's driveway and is prohibited from
authorizing any parking on a sidewalk. It would be in violation
of the vehicle code and against the public health, safety, and
welfare to grant a variance which would allow trucks to block
sidewalks or to stop or stand on a roadway in opposition to
traffic while loading or unloading. Therefore, it is recommended
that the variance be denied.
#
~
February 1, 1995
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson;tlJ(cting Director of community
Services & Water
TO:
SUBJECT: Variance - Champion International Corporation @ 3100 44th
Street
Champion International corporation has submitted a
variance application. It is requesting a variance from the
Comprehensive Zoning Ordinance, section 26.4.2-8, Development
Standards, for the building located at 3100 44th Street. The
building has fifteen non-conforming truck loading spaces of which
ten measure 10.0 feet in width and 52.5 feet in length and five
measure 10.0 feet in width and 54.5 in length. It has requested
four years to recess the five easterly loading docks in order that
vehicles using such loading docks will not extend into the street
right-of-way.
The application for variance, affidavits of posting and
mailing and notice of public hearing were previously submitted.
Herewith submitted is the following evidence:
1. New engineer's report.
2. City correspondence with Champion International
corporation .
It is recommended that the variance be denied.
MR: reg
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W~ITER'S OIREC,. Ol...l. NUMlilCR
(213) 229-7151
OVR F'ILE NV"'IllEIl
T 93038-00462
Samuel Kevin Wilson
Acting Director of Community Services
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: 3100 East 44th Street
Los Angeles, CA 90058
Variance APDlication
Dear Mr. Wilson:
Thank you tor your letter of January 30, 1995
concerning the above matter. As you can see fro~ the enclosed
letter, I responded to your December 12 request on January 18.
Apparently, tor some inexplicable reason you never received this
le~ter. For your information, I enclose a copy of my letter to
you and the fax transmission report indicatin~ that it was
received at your fax number on January 18, 1995 at 12:24 p.m.
I respectfully requ~st that you consider the points
raised in my letter and that you reconsider your proposed
recommendation to the City Council that it deny Champion's
request for a variance. We trust that you and the City will find
our proposal to be reasonable and appropriate in resolution of
this matter.
: Af~ 31 '95 ''J4'59PM
GIBSON, DUNN & CRUTCHER
P.3
"'""
January 31, 1995
Page 2
We are prepared to be heard on February 7th. Perhaps,
in light of the issues raised in our letter you might want to
take additional time to review our proposal. Please let me know
how you plan to proceed. Thank you for your time in considering
our request.
ARF/d
Ene.
ce: Mr. John Omberg
Ms. Mary Rutz
Mr. steve Brown
Very truly yours,
Amy Q~~
i
/ 'c
. .
CITY COUNCIL
LEON IS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Oed
FAX: (213) 581-7924
CITY HALL
DA VID R BREARLEY
City Attorney
FAX: (818) 330-5818
VICTOR H, V AITS
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. OeD ARlO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fm: Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
In Reply Rq'er to:
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
TELEPHONE (2h3J.ri~yY1 30, 1995
Amy R. Forbes
Gibson, Dunn & Crutcher
333 South Grand Avenue
Los Angeles, CA 90071.
RE: Variance Application for Champion International Corporation
at 3100 44th Street
Dear Ms. Forbes:
In my letter dated December 12, 1994, I requested
correspondence from you resubmitting the variance application
reflecting the actual intent of Champion International
Corporation and the conditions to which they are willing to
agree. To this date, I have not received any such
correspondence.
The public hearing for the variance application was opened
on October 18, 1994. Since three months have passed and I still
have not received any written or verbal agreement on your part, I
will recommend that the City Council deny Champion'S request for
a variance based on what has been previqusly submitted.
This matter will be scheduled for the Council Meeting on
February 7, 1995. If you have any further questions, please feel
free to contact me.
Acting
MFR: ps
cc: Champion International Corporation
John Umberg
& Water
JRN 18. '95 12:16PM
P.1
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..;
GIaSON, DUNN & CRUTCHER
333 South GtaDd Avenue
Los Angeles. California 90071-3197
TiLEPHONE: (213) 22g:. 7000
FACSIMILE: (213) 229-7520
(213) 229-7268
FACSIMILE TRANSMISSION INFORMATION
January 18, 1995
TO:
Name: Mr. Samuel Kevin Wilson Company: City of Vernon
Facsimile No. 213/588-2761 City: Vernon
Main No. 213/588-8811 State: CA
Name: Mr. John Umberg Company:
Facsimile No. 213/581-2766 City:
Main No. 213/583-1441 State:
Name: Ms. Mary Ru'tZ Company: City of Vernon
Facsimile 'No. 213/588-2761 City: Vernon
Main No. 213/583-8811 X239 State: CA
Name: Mr. Steve Brown Company: Champion International
Facsimile No. 203/358-2941 City:
Main No. 2031358-7301 State:
FROM: Amy R. Forbes Room 4930 Direct Dial (213) 229-7151
TOTAL NUMBER OF PAGES, INCLUDING COVER Lei l'.bl<.: 6
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WRITEFll'S OIRE:CT tllAI. NUM~EA
OlJR F'ILE NUMBER
(213) 229-7151
T 93038-00462
Samuel Kevin Wilson
Acting Director of Community Services
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Re: 3100 East 44th Street
Los Angeles, California 90058
Variance Awlication
Dear Mr. Wilson:
This is in response to your letter of December 12, 1994 asking that we
clarify the conditions under which Champion International Corporation requests a variance
from the City of Vernonls Comprehensive Zoning Ordinance Section 26.4.2Ng requiring all
truck loading spaces be 65 feet in length. Briefly, after reviewing the City's proposal, we
concur with the general approach of granting the variance subject to the requirement that
only five bays be retrofitted, but request that the time allotted for the retrofit be increased
from six months to four years. We base this position on fairness and equity gro\lnds ~
well as on the legal conclusion that the five-year amortization period provided by Vernon's
ordinance is constitutionally inadequate. We offer this proposal as a compromise that
accomplishes the Cityls goals in requiring the longer truck docks, and at the same time
accommodates Champion International I s business needs.
To review how we have arrived at this point, Champion International's
building has ten loading spaces that are 12.5 feet short of the 65-foot length requirement
and five spaces that are 10.5 feet short. As explained in our original application, the cost
involved in retrofitting all fifteen docks to conform to the new loading dock requirement
approaches $465,000.00. Champion will also have to bear a permanent loss of neatly
4300 sq. ft. of space within its warehouse which translates into an additional loss of
$12,000.00 annually, This loss of space will also interfere with warehouse operations by
2'd
Wd02:21 S6. 8t ~f
. ~"
.
GIBSON, OUNN & CRUTCHE:A
January 18, 1995
Page 2
reducing the area needed for clearances, flows, and racldng. Finally ~ the retrofitting
process itself will substantially disrupt Champion's operat:ions and thus involve further
financial losses for Champion. This economic burden poses a significant hardship, and for
that reason Champion sought a variance from the retrofit requirements.
Indeed. the extreme hardship application of the retrofit requirement works
on Champion is exactly the type of situation variance laws are designed to redress. While
we do not contest the validity of the retrofit requirement, we are concerned that as applied
to the specific facts of this case, the ordinance is unreasonable. Our conclusion is based on
the legal analysis set forth below.
It is clear that incidental injury to a property owner will not prevent the
exercise of the police power if "it is shown to be,exercised for proper purposes of public
health, safety, morals, and general welfare, and there is no arbitrary and unreasonable
application in [a] particular case." Livin~ston Rock and Grave} Co. v. County of Los
Aneeles, 43 Cal. 2d 121, 127 (1954). However~ it is also well established that the "rights
of the users of property as those rights existed under prevailing zoning conditions" have
long been accorded constitutional proteCtion. I!t. For that reason, local zoning legislation
providing for the eventual elimination of nonconforming property uses without
, compensation will not be upheld unless it is shown that it provides a "reasonable
amortization period commensurate with the investment involved." Metromedi!. Inc. v.
City of San Diego, 26 Cal. 3d 848, 882 (1980), rev*d on other grounds, 453 U.S. 490
(1981); National Advertising Co. v. County of Monterey, 1 Cal. 3d 875. 878~ celt.
denied, 398 U.S. 946 (1970).
Whether a particular ordinance!s amortization period is reasonable as
applied to a particular property is a factual determination that is dependent on the interplay
of a variety of factors, including the "amount of investment or original cost~ present actual
or depreciated value, dates of construction, amortization for tax purposes, salvage value,
remaining useful life, . . . and the harm to the public if the structure remains standing
beyond the prescribed amortization period." Tahoe Regional Planning Agenc:y v. King,
233 Cal. App. 3d 1365, 1397 (1991) (internal quotations omitted). Courts may differ in
their articulation of the relevant factors, but one thing is certain. A determination of
reasonableness is simply the .process of weighing the public gain to be derived from a
speedy removal of the nonconforming use against the private loss which removal of the use
would entail." United Business Comm'n v. City of San Dieg..o, 91 Cal. App. 3d 156~ 180
(1979).
A brief review of the case law engaging in this balancing test demonstrates
that the amortization period prescribed in the City of Vernon' s loading dock zoning
provisions is unreasonably short and probably unconstitutional as applied to Champion
International. In City of La Mesa v. Tweed & Gambrell Planing Mill~ 146 Cal. App. 2d
762 (1956), for instance, the court declared a zoning ordinance providing a five-year
amortization period for the elimination of wooden frame buildings unreasonable and
arbitrary as applied to defendants. In SO holding, the court found that the private loss
suffered by defendants, whose buildings had an estimated remaining economic life of
twenty-one years at the time of the adoption of the ordinance, outweighed the public gain
E'd
Wdl2:2l S6. 8t N~r
(Ii,
GIBSON, DUNN & CRUTCHER
GIBSON, DUNN & CRUTCHER
January 18, 1995
Page 3
in eliminating a nonconforming industrial use in an area bordered by industrial and
commercial businesses. Id.. at 77Q.. 71.
Similarly, the court in City of Santa Barbara v. Modem Neon Si21\ Co., 189
Cal. App. 2d 188 (1961), determined that an ordinance calling for the removal of
nonconforming rotating signs within a one-year time frame effected a ta1cing without
compensation or due process of law with respect to recently installed rotating signs with
economic lives of ten years. There. the investments Ute court sought to protect ranged
from $1,519.44 to $6,696.00. Ida. at 194-96; see also National Advertisine Co. v. County
of MonteteJ. 1 Cat. 3d 875, 880 (1970) (refusing to enforce one-year removal period with
respect to nonconforming signs that had not been fully amortized under federal tax rules);
Ebel v. City of Corona, 767 F.2d 635 (9th Cir. 1985) (invalidating sixty-dayamortization
period with respect to newly opened adult bookstore).
Our research also found cases upholding amortization periOds of five years
or less. Champion's situation, however. is distinct from those cases. In order to bring its
building into compliance with Vernon' s revised zoning ordinance, Champion cannot
merely eliminate a non-conforming use of its building but rather must make a very
significant capital investment to lengthen its truck bays. Otherwise. its building will be
rendered unusable, and Champion will stand to lose the use of its building and nearly
$652,500.00 in capital improvements made within the last seven years alone. Of the
amount recently invested in the building, approximarely $220,000.00 is being amorti!ed
for tax purposes over a 3S-year period and the remainder is being amortized over 16 years.
The five-year amortization schedule provided by Vemon's truck loading provisions is thus
far too shon to permit Champion to recoup its investment in the building.
The fact that the use of Champion's entire building is at risk makes the
financial stakes much higher here than in the usual nonconforming use case. And, in this
respect Champion's circumstances are most like that of the property owners in City of La
Mesa. .smm, where the court invalidated the application of an ordinance calling for the
removal of wooden frame bui1din~s within a period of five years to defendants. In
reaching this result, the court distinguished a leading case approving of a rezoning
ordinance requiring a plumbing business to cease operations after five years, City of Los
Angeles v. Gage, 127 Cal. App. 2d 442 (1954). In Qap. Ute owner was required only to
move his business, at a cost of $5,000 which was equivalent to less than one ~t of his
minimum gross business over five years. whereas in City of La Mesa the defendants had to
terminate use of their buildings because they could not be converted to a residential use.
146 Cal. App. 2d at 770-71.
The magnitude of the private loss at issue here is akin to that in Citv of La
~ and certainly far greater than that which caused the courts concern in the other cases
cited above. Under a strict application of the City of Vernon's loading dock provisions
requiring the termination of Champion International's nonconforming use, Champion wHl
be forced to make an investment of nearly half a million dollars in order to make continued
use of its building which it has occupied for over forty years. The five-year amortization
period provided by Vernon's zoning ordinance can hardly be said to be constitutionally
adequate in light of the vested property rights that are at stake. CL. Goat Hill Tavern v.
City of Costa Mesa, 6 Cal. App. 4th 1519, 1530-31 (1992) (ordering city to set aside
P'd
Wd22:2t S6, 8t Nt:lr
JAN 18 .'95 13:10 GIBSON DUNN & CRUTCHER
P.2
.
. .
GIBSON. DUNN & CRUTCHER
January 18, 1995
Page 4
denial of conditional use permit on ground that public necessity did not outweigh the
fundamental vested right of property owner of 35-year old business).
While the burden imposed on Champion is substantial, the same cannot be
said of the public ends that will be served by requiring Champion to retrofit its loading
docks. The articulated aim of the loading dock retrofit requirement is to prevent trucks
from impeding the flow of traffic in city streets. Clwnpion' s nonconforming use does not
interfere with the purpose of the ordinance as trucks utilizing Champion t s loading spaces
do not extend onto the street. On occasion, trucks do encroach several inches onto the
sidewalk. But, given that the area in which Champion I s building is situated is zoned for
industrial uses, the fact is that pedestrian traffic is not a significant concern, especially
during the early morning hours when Champion's loading docks are at their busiest. When
compared to the hardship that will be imposed on Champion if it is required to conform its
loading spaces, the public benefit to be gained is considerably less weighty. As such,
Vernonts retrofit requirement is unreasonable and arbitrary as applied to Champion's
building.
Further evidence of the unreasonable character of Vernon t s ordinance is the
fact that Champion is not alone in having difficulty complying with Vernon's requirement.
To date, over forty-five business have demonstrated that the ordinance imposes a
signiflCant hardship on them and have thus been granted variances by the City of Vernon.
There are also, over thirty owners who have yet to comply with the ordinance. Even more
telling is the fact that some of those businesses which have been granted relief (rom the
loading dock requirements continue to have trucks extending onto the street as well as the
sidewalk.
Moreover, Champion is particularly injured because it did not receive
individual notice of the retrofit requirement until the April, 18, 1994 deadline approached.
We have examined the Cityls files and confirmed that Champion International was not
given individual notice prior to the adoption of the amendments to Vernon's
Comprehensive Zoning Ordinance. It was not until January 1994 that the City began
individually advising all property owners affected by the loading dock provisions of their
nonconforming status.
Where, as here, an ordinance is arguably, unconstitutional as applied to a
particular property. a property owner must first seek relief by petitioning for a variance.
~ Metcalf\/'. <;ounty of Los Angel~, 24 Cal. 2d 267,272 (1944) (noting that variances
are lIin the nature of safety valves to prevent the oppressive operation of the Zoning
Regulations in particular mstances"). Indeed, Section 26.4.6=4(d) of the Vernon Municipal
Code specifically provides that the City Council may relieve a property owner of all or
part of the provisions of the loading dock requirements upon the determination that (i) the
strict application of the requirements create an unreasonable hardship, (il) that the existing
use does not adversely affect the surrounding area, and (ill) that the use does not require
the number of spaces and/or area otherwise required by the Code~ Accordingly. with its
application Champion sought to obtain a variance which would meet the conditions of
26,4.6-4(d), while accommodating the public needs of the City of Vernon and without
unduly infringing upon Champion's fundamental vested property rights. The discussion
above amply demonstrates how the first two requirements are met We also believe that if
.~ .
9'^ ...
· GIBSON. DUNN & CRUTCHER
January 18, 1995
Page 5
the trucks were permitted to encroach onto the sidewalk, but not the street, then the total
loading area would not be. required, but the City would nonetheless be able to meet its goal
of relieving traffic congestion in the street. We understand that our initial suggestion was
not acceptable to the City.
In an effort to reach a compromise, we met with you to discuss the possible
alternatives that would be acceptable to both parties. Unfortunately ~ to date we have been
unable to find a mutually acceptable solution. In your letter of December 12, 1994~ you
stated that the only compromise for which you would recommend approval would entail
having Champion retrofit its five easterly docks within six months. We agree with you
that this requirement would allow Champion to clearly meet the test that the use does not
require the total area otherwise specified by the Zoning Code. By restricting long trucks to
the five retrofitted bays Champion would have sufficient capacity to accommodate these
trucks and insure that the long trucks extend neither into the sidewalk nor the streets.
However, Champion cannot accept the six months' time frame the City proposes to
complete the retrofit. The work that will be required to lengthen even five bays is itself
significant and will involve an expense of approximately $178,000.00.
We continue to believe that the circumstances and hardship involved support
the granting of a variance. We are hopeful that upon reexamination of the peculiar facts
and circumstances applicable to this case. the City staff will reconsider its posture.
Champion therefore requests that it be granted four years within which to retrofit the five
eastern truck bays. so that upon completion of the work, Champion would be in. a position
to restrict usage of the remaining ten bays to trucks that would not extend into either the
street or the sidewalk. Alternatively, we renew our earlier request that the variance permit
trucks to encroach on the sidewalk, but not the street.
" We hope you will find the proposal we have suggested to be a reasonable
and just resolution that both serves the public interest of the City of Vernon and adequately
protects Champion International's property rights. We also wish to thank you for the time
and effort you and your staff have devoted to our application and trust you agree that the
resources of the City and Champion are best spent resolving this matter a.m.icably.
Very truly yours,
Ct, ~,bu
AmYR&
ARF/er
cc: Ms. Mary Rutz
Mr. Stephen B. Brown
Mr. John Umberg
Ms. Edith Ramirez
Ll9SOO9O.182f1"
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CENTURY CITY
2029 CENTURY PARK EAST
LOS ANGELES, CALIFORNIA 90067-3026
GIBSON, DUNN & CRUTCHER
LAWYERS
333 SOUTH GRAND AVENUE
JAS. A. GIBSON, 1852-1922
W. E. DUNN, 1861-1925
ALBERT CRUTCHER, 1860-1931
LOS ANGELES, CALIFORNIA 90071-3197
ORANGE COUNTY
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IRVINE, CALIFORNIA 92714-8557
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SAN FRANCISCO. CALIFORNIA 94104-4505
December 28, 1994
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WRITER'S DIRECT DIAL NUMBER
OUR F"ILE NUMBER
(213) 229-7946
Mary F. Rutz
Department of Community Services
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Re: 3100 East 44th Street
Los Angel~s. California 90058/ Variance Application
RECEIVE...,
! JAN 3 1995
T 93038-00462
Dear Mary:
This letter is in response to the telephone conversation you had with Amy
Forbes yesterday advising her that Champion International's variance application would be
before the City Council on January 3, 1995. We were somewhat surprised that the hearing
was to be held so soon because Kevin Wilson's letter of December 12, 1994 requested that
Champion resubmit its application and clarify the conditions under which the variance is
being sought. It was our understanding that Champion's variance application would not be
considered by the City Council until Champion submitted a written response to
Mr. Wilson's request. We are in fact presently in the process of preparing our response.
However, as you might imagine, the completion of our response been delayed due to the
Christmas and New Year holidays.
We concur with the spirit of Mr. Wilson's letter and believe it would be to
the benefit of all to have Champion International setout its position in writing in advance
of the City Council meeting. However, because the City of Vernon will close its offices
beginning on Thursday, December 29, 1994 and not re-open them until the day of the City
Council meeting, January 3, 1995, there is insufficient time in which to complete our
consultation with our client and finalize and resubmit our application materials in advance
of the hearing. We therefore respectfully request that consideration of Champion's petition
be postponed until the following City Council meeting on January 17, 1995.
.-~
.
;0
Mary F. Rutz
December 28, 1994
Page 2
Champion International has invested considerable time and resources in
preparing its variance application and in evaluating the City's proposals. We are still
hopeful that the City and Champion can reach agreement on acceptable variance conditions
and would greatly appreciate the opportunity to complete a thorough response to the
request made by your office. I trust you will recommend in favor of having the City
Council address Champion's petition on January 17 rather than January 3, 1994, and I
thank you in advance for your courtesy and cooperation.
Very truly yours,
~~
Edith Ramirez
ERler
cc: Stephen B. Brown, Esq.
John H. Umberg
Amy Forbes, Esq.
LL943610.11612+
,
.
l~l'o ct ~ ,.'<if
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A_ YBARRA
Mayor Pro-Tem
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
December 12, 1994
Amy R. Forbes
Gibson, Dunn & Crutcher
333 South Grand Avenue
Los Angeles, CA 90071
RE: Variance Application for Champion International Corporation
Dear Ms. Forbes:
Reference is made to your variance application on behalf of
Champion International Corporation, for their building located at
3100 44th Street. In the application, you stated that Champion
International Corporation would agree to limiting the usage of
the non-conforming truck loading spaces so that no trucks parked
at the loading spaces shall extend into the street right-of-way.
At the City Council Meeting you stated that there was a
misunderstanding in agreeing with this condition in that you did
not realize that the sidewalk was included as part of the right-
of-way. Champion does, as a practice, have trucks that extend
onto the sidewalk and is not willing to limit the size of these
trucks because of the impact it will have on the business.
Because of this, Champion is not requesting a variance under the
conditions originally stated in the application and cannot agree
to such.
We have met and discussed some of the options open to
Champion and have not as yet reached an agreement. I have
informed you that I would not recommend approval of the variance
unless Champion was in agreement with the condition that trucks
shall not extend into the public right-of-way which includes both
the sidewalk and the street. We have also discussed the
*
( :
1 .
~
~
~.
Amy R. Forbes
-2-
December 12, 1994
possibility of recessing only the easterly five docks, but I
would only recommend the approval of this option if the work were
to be completed within six months and Champion was willing to
submit a certificate of deposit or performance bond to be
refunded upon completion of the work. If the work is not
completed within the six month period, the City will use the
money to remove the driveway in front of the docks and build a
suitable barrier thus rendering the docks inoperable. You will
retain the right to appear before the City Council with or
without a positive recommendation from our department.
At this time, I would like correspondence from you
resubmitting the application reflecting the actual intent of the
company and stating the conditions under which the variance is
being requested.
MFR:pS
cc: Champion International Corporation
One Champion Plaza
Stamford, Connecticut 06921
John Umbert
Nationwide Paper Co.
3100 44th Street
Vernon, CA 90058
~OCT 31 :94 16:40 GIBSON DUNN CRUTCHER
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WRITER'S OIRECT CIAL NUMBER
O\.lR FIL.E NUMBER
(213) 229-7946
Via Telecopy and U.S. Mail
T 93038-00462
Samuel "Kevin" Wilson
Acting Director of Community Services
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, California 90058
Re: 3100 East 44th Street
Los Angeles, California 90058
Dear Kevin:
I write both to thank you for having taken the time to meet with us to
discuss Champion International's variance petition and to acknowledge receipt of your
communication to Amy Forbes. Amy is presently out-of-town and therefore unable to
respond herself.
Champion has been informed of your proposal and will be conducting a
retrofit analysis to determine whether the proposal is economically feasible_ So that
Champion may have sufficient time within which to complete its evaluationt we ask that
further consideration of Champion's petition by the City Council be deferred for at least
another two weeks.
Thank you again for your assistance and cooperation.
Very truly yo~rs,
,.-" .
i ,~r."~ '", 1:. ',:
Edith Ramirez
ERler
cc: Amy Forbes, Esq.
LL943040.126/1+
RESOLUTION NO. 6522
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON DENYING A VARIANCE TO
CHAMPION INTERNATIONAL CORPORATION FROM
SECTION 26.4.2-8 DEVELOPMENT STANDARDS,
OF THE COMPREHENSIVE ZONING ORDINANCE,
FOR THE PROPERTY LOCATED AT 3100 44TH
STREET IN THE CITY OF VERNON
WHEREAS, Champion International Corporation owns a
parcel of property located at 3100 44th Street in the City
of Vernon and has requested a variance from conformance with
Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance; and
WHEREAS, Champion International Corporation uses
the building for manufacturing of paper products, the
existing building on the property measures approximately
90,000 square feet and the building was constructed with
fifteen non-conforming truck loading spaces, ten of which
measure 10.0 feet in width and 52.5 feet in length and five
of which measure 10.0 feet in width and 54.5 feet in length;
and
WHEREAS, pursuant to Zoning Ordinance Section
26.4.2-7 (b) such use requires four truck loading spaces for
buildings with a gross floor area of between 50,001 and
100,000 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 when insufficient space exists on the parcel,
the non-conforming loading spaces must comply with these
1
NOTICE OF CONTINUANCE OF PUBLIC HEARING
IN THE MATTER OF APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION, INC.
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD JANUARY 17,
1995 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO
CONSIDER AN APPLICATION FOR A VARIANCE FROM CHAMPION
INTERNATIONAL CORPORATION, INC. WAS CONTINUED TO FEBRUARY 7, 1995
AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNOj(:, IFO~IAJ4
B~ Ma~st
City C rk
Clerk
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy city Clerk of the City of
Vernon, do hereby certify that I did, on the 18th day of January
1995, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
Clerk
NOTICE OF CONTINUANCE OF PUBLIC HEARING
IN THE MATTER OF APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION, INC.
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD JANUARY 3,
1995 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO
CONSIDER AN APPLICATION FOR A VARIANCE FROM CHAMPION
INTERNATIONAL CORPORATION, INC. WAS CONTINUED TO JANUARY 17, 1995
AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
&a~n~
City Clerk
Clerk
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 4th day of January
1995, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
CITY COUNCIL
LEON IS C. MALBURG
Mayor
~ -10 ~{
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:
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
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
January 12, 1995
City Council
City of Vernon
Honorable Members:
staff of the Community Services Department is continuing to work with
Champion International Corporation regarding their Variance request,
and it is hereby recommended that this Public Hearing be continued to
the next City Council Meeting.
ver,y tr,UIY Y~~,;: /~,.
4---/~~/~
Bruce V. Malkenhorst
City Clerk
BVM/hr
e/
January 12, 1995
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson7~cting Director of Community
Services & Water
TO:
SUBJECT:
CHAMPION INTERNATIONAL CORPORATION
A public hearing was held on October 18, 1994 regarding a
variance application from Champion International Corporation.
The matter was referred back to the department for further
analysis and has been deferred since then.
Because Champion is still conferring with their main office,
which is out of state, I would like to recommend that the matter
be deferred to the meeting of February 7, 1995.
MFR:ps
cc: City Attorney
. ~M1
l^~ ~olICE OF CONTINUANCE OF PUBLIC HEARING
VJ I ,- IN THE MATTER OF APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION, INC.
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD DECEMBER 20,
1994 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO
CONSIDER AN APPLICATION FOR A VARIANCE FROM CHAMPION
INTERNATIONAL CORPORATION, INC. WAS CONTINUED TO JANUARY 3, 1995
AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
~~~
Bruce V. Malkenhorst
City Clerk
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 21st day of
Deceinber, 1994, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
1.2/ 2-t1f' r
/l/O~
Clerk
CITY COUNCIL
LEON IS 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 I 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
December 28, 1994
City Council
City of Vernon
Honorable Members:
Champion International Corporation has submitted an application
requesting a Variance from the Comprehensive Zoning ordinance, section
26.4.2-8, Development Standards, for the building located at 3100 44th
Street, and transmitted herewith is the following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of Public Hearing;
4. Engineer's Report dated December 27, 1994;
5. City correspondence with Champion International
Corporation.
The building has fifteen non-conforming truck loading spaces of which
ten are 10 feet wide and 52.5 feet long; and five are 10 feet wide and
54.5 feet long. This has been reviewed by the Acting Director of
Community Services, and based on the fact that the company has stated
that it cannot restrict the usage of the loading spaces to vehicles of
a shorter length, nor do they intend to recess any of the docks, it is
hereby recommended that the Variance be denied.
Very .trUlY.YO~r,'"~',,.~, / y~ ~
/L )//1ltt/t:A/
Bruce V. Malkenhorst
City Clerk
BVM/hr
*
.f
~
December 27, 1994
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilso~~cting Director of
Services & Water
Community
SUBJECT: Variance - Champion International Corporation @
3100 44th Street .
Champion International Corporation has submitted a
variance application. It is. requesting a variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8, Development
Standards, for the building located at 3100 44th Street. The
building has fifteen non-conforming truck loading spaces of which
ten measure 10.0 feet in width and 52.5 feet in length and five
measure 10.0 feet in width and 54.5 feet in length. It has stated
that it cannot restrict the usage of the loading spaces to vehicles
of a shorter length and it does not intend to recess any of the
docks.
The application for variance, affidavits of posting and ...;/r
mailing and notice of public hearing were previously submitted. '
Herewith submitted is the following evidence:
1. New engineer's report.
2. City correspondence with Champion International
Corporation.
It is recommended that the variance be denied.
f ~"~
~'
~ . J
ENGINEER'S REPORT
CHAMPION INTERNATIONAL CORPORATION
3100 44TH STREET
VARIANCE APPLICATION
DECEMBER 27, 1994
Champion International Corporation has requested a variance
from the Comprehensive Zoning Ordinance section 26.4.2-8,
Development Standards, for the property located at 3100 44th
Street in the City of Vernon. The building that it owns was
constructed with fifteen non-conforming truck loading spaces of
which ten measure 10.0 feet in width and 52.5 feet in length and
five measure 10.0 feet in width and 54.5 feet in length. The
building is used for the manufacturing of paper products and is
approximately 90,000 square feet in size.
.Section 26.4.2-7 (b) requires four truck loading spaces for
buildings with a gross floor area of between 50,001 and 100,000
square feet in size.
section 26.4.2-8 (c) of the Comprehensive
Zoning Ordinance specifies that each 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 five years of April 18, 1989 unless a variance
is granted.
Champion International Corporation has stated that it cannot
limit the size of vehicles used at the loading docks and it does
not intend to recess any of the docks. We have met with
.
~
~
..
representatives from Champion International Corporation to
discuss different alternatives but have not been able to reach
any resolution. Therefore, it is recommended that the variance
be denied.
.~
"&,,,
>t
.
Wm. "BILL" DAVIS
Councilman
CITY COUNCIL
LEONIS C. MALBURG
Mayor
BRUCE V. MALKENHORST
City Administrator I 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 10:
THOMASA. YBARRA
Mayor Pro-Tern
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
December 12, 1994
Amy R. Forbes
Gibson, Dunn & Crutcher
333 South Grand Avenue
Los Angeles, CA 90071
RE: Variance Application for Champion International Corporation
Dear Ms. Forbes:
Reference is made to your variance application on behalf of
Champion International Corporation, for their building located at
3100 44th Street. In the application, you stated that Champion
International Corporation would agree to limiting the usage of
the non-conforming truck loading spaces so that no trucks parked
at the loading spaces shall extend into the street right-of-way.
At the City Council Meeting you stated that there was a
misunderstanding in agreeing with this condition in that you did
not realize that the sidewalk was included as part of the right-
of-way. Champion does, as a practice, have trucks that extend
onto the sidewalk and is not willing to limit the size of these
trucks because of the impact it will have on the business.
Because of this, Champion is not requesting a variance under the
conditions originally stated in the application and cannot agree
to such.
We have met and discussed some of the options open to
Champion and have not as yet reached an agreement. I have
informed you that I would not recommend approval of the variance
unless Champion was in agreement with the condition that trucks
shall not extend into the public right-of-way which includes both
the sidewalk and the street. We have also discussed the
*
.~
..
~tr
;to'
Amy R. Forbes
-2-
December 12, 1994
possibility of recessing only the easterly five docks, but I
would only recommend the approval of this option if the work were
to be completed within six months and 'Champion was willing to
submit a certificate of deposit or performance bond to be
refunded upon completion of the work. If the work is not
completed within the six month period, the City will use the
money to remove the driveway in front of the docks and build a
suitable barrier thus rendering the docks inoperable. You will
retain the right to appear before the City Council with or
without a positive recommendation from our department.
At this time, I would like correspondence from you
resubmitting the application reflecting the actual intent of the
company and stating the conditions under which the variance is
being requested.
MFR:ps
cc: Champion International Corporation
One Champion Plaza
Stamford, Connecticut 06921
John Umbert
Nationwide Paper Co.
3100 44th Street
Vernon, CA 90058
December 14, 1994
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson:~cting Director of Community
Services &: Water
SUBJECT: CHAMPION INTERNATIONAL CORPORATION
A public hearing was held on October 18, 1994 regarding a
variance application from Champion International Corporation.
The matter was referred back to the department for further
analysis and then deferred to the meeting of November 15, 1994,
at which time it was deferred to the meeting of December 6, 1994,
and at that meeting it was again deferred to the meeting of
December 20, 1994.
Champion has not given us their final decision on how they
wish to proceed, therefore I would like to recommend that the
matter bee ] r I '. ~~.~1.....,.;.G.~ ..~,J ~ I ~' !J~!....'J).J .~U ;'<C"
Ips
NOTICE OF CONTINUANCE OF PUBLIC HEARING
IN THE MATTER OF APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION, INC.
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD DECEMBER 6,
1994 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO
CONSIDER AN APPLICATION FOR A VARIANCE FROM CHAMPION
INTERNATIONAL CORPORATION, INC. WAS CONTINUED TO DECEMBER 20,
1994 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
~
Clerk
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY. OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 7th day of December,
1994, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and co recto
Dated:
/97~
j:J~"
December 1, 1994
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson,~cting Director of Community
Services & Water (
SUBJECT: Variance - Champion International Corporation @ 3100 44th
Street
A public hearing was held on October 18, 1994 regarding
the variance application from Champion International Corporation.
The matter was deferred back to the department for further
analysis, deferred to the meeting of November 15, 1994, and then
deferred to the meeting of December 6, 1994.
Because of continuing conversations regarding possible
solutions, I would like to recommend that the matter be deferred to
the meeting of December 20, 1994.
MFR: reg
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
IN THE MATTER OF THE APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD NOVEMBER 15,
1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO CONSIDER AN
APPLICATION FOR A VARIANCE FROM CHAMPION INTERNATIONAL
CORPORATION WAS CONTINUED TO DECEMBER 6, 1994 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
~C7/ ~~~
~ruce V. Malkenhors
City Clerk
~~
(
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 16th day of
November, 1994, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
.
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: /I/''-I'i'~
oria J. Oro
Chief Deputy
Clerk
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
IN THE MATTER OF THE APPLICATION FOR A VARIANCE
FROM CHAMPION INTERNATIONAL CORPORATION
I HEREBY CERTIFY THAT THE PUBLIC HEARING TO BE HELD NOVEMBER 1,
1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA TO CONSIDER AN
APPLICATION FOR A VARIANCE FROM CHAMPION INTERNATIONAL
CORPORATION WAS CONTINUED TO NOVEMBER 14, 1994 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
D~Cum~
Btuce v. Malkenhorst
City Clerk
$~
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 2nd day of November,
1994, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: /lw ~ /9 cry
Gl~sl~
Chief Deputy Clty Clerk
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
IN THE MATTER OF THE APPLICATION FOR A VARIANCE
BY CHAMPION INTERNATIONAL CORPORATION
I HEREBY CERTIFY THAT THE PUBLIC HEARING HELD OCTOBER 18, 1994 AT
5:16 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA, TO CONSIDER AN
APPLICATION FOR A VARIANCE BY CHAMPION INTERNATIONAL CORPORATION
WAS OPENED AND CONTINUED TO NOVEMBER 1, 1994 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL LO..~ T 4305 SANTA FE
AVENUE. VERNON, CALIFORNIA . c- 1CfJ _ / I
c ~...V I /Jdk-J~A
Bruce V. Malkenhorst . ~JJ
City Cle
Clerk
.
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy city Clerk of the City of
Vernon, do hereby certify that I did, on the 19th day of October
1994, have posted:
The above Notice of Continuance of Public Hearing
held October 18, 1994.
Said Notice was posted at a conspicuous place near the door of
the room at which said meeting was held, within 24 hours of said
adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: /
Glori.
Chief
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 Council
City of Vernon
Honorable Members:
\ \/1')
l1 ~ 1J
CITY HALL
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
October 27, 1994
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:
staff has been meeting with representatives of Champion International
to discuss possible alternative solutions; however, further
discussions are necessary, and it is hereby recommended that this
Public Hearing be continued to the City Council to be held November
15, 1994.
BVM/hr
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Very :rulYYOU;..'~."~ /~
d ~~~
Bruce V. Malkenhorst
City Clerk
l1D 9f~rl
W "'1
City of Ve on
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, October 18, 1994 at 5:00 p.m.
Applicant:
Champion International corporation
The purpose of the hearing is to obtain testimony from
affected and/or 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 fifteen non-conforming truck
loading spaces.
Property involved:
3100 44th Street, Vernon, Ca 90058
Review of the file:
The application, maps and supporting
information is available in the Department
of Community Services Off ice, 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 in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
u7?U~~
uce . Malkenhorst
ity Administrator/City Clerk
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September 29, 1994
TO: Bruce V. Malkenhorst, City Administrator
'vY
FROM: Samuel Kevin Wilson7 Acting Director of Community
Services & Water
SUBJECT: Variance - Champion International Corporation @ 3100 44th
Street
Champion International Corporation has submitted a
complete application for a variance. It is requesting a variance
from the Comprehensive Zoning Ordinance, section 26.4.2-8. It is
proposing to utilize fifteen non-conforming truck loading spaces.
It is recommended that you receive the application and that a
public hearing for this application be set for October 18, 1994.
KW: reg
Attachments
CHAMPION INTERNATIONAL TRUCK LOADING SPACE
VARIANCE: REQUFST FOR MODD1I:ID VARIANCE CONDITION
~: The Community Services staff has recommended that the variance
requested by Champion International be granted on the condition that usage of the non-
conforming loading spaces be limited so that no truck extends into the street right-of-way.
While we are grateful for the recommendation, we need to clarify that in making our
application we understood "street right-of-way" not to include the sidewalk. We have ten
loading spaces that are 10.5 ft. short of the 65-foot length requirement and five loading
spaces that are 12.5 ft. short. While trucks using these loading spaces do not extend onto
the street, on occasion trucks do encroach onto the sidewalk. Our purpose in making this
application is to seek a variance that allows trucks to extend into the sidewalk.
Reasons SuP.portinf Request:
. Although the condition speaks in terms of the "street right-of-way, II
the critical concern of the loading dock ordinance is that trucks not impede the flow of
traffic. By agreeing to limit usage of its non-conforming loading spaces so that trucks do
not extend into the street, Champion ensures that there will be no interference with traffic.
Champion's request that trucks be permitted to encroach on the sidewalk is not
unreasonable in that the area in question is an industrial district with few pedestrians,
particularly during the early morning hours when the loading docks are at their busiest.
. Requiring Champion to conform its fifteen loading spaces to the City
of Vernon's revised loading requirements would impose a substantial financial hardship --
the structural changes necessary to lengthen the docks would cost approximately $465,000,
would result in a permanent loss of 4300 sq. ft. amounting to an additional loss of $12,000
per year, and would deprive Champion of the space needed for the proper operation of its
paper goods business. Vernon's ordinance thus places a unique burden on Champion not
f~ by neighboring property owners with newer buildings.
. Champion does not seek any special privilege by its request for a
modified variance. Rather, Champion asks the City Council to recognize that many of the
existing businesses in Vernon simply cannot comply with its revised loading dock
requirements. In fact, a number of businesses, some of which have been granted relief
from the loading dock requirements, extend not only into the sidewalk but into the street
on a daily basis.
. The fact that the City Council to date has granted over forty-five
variances with respect to its loading dock requirements indicates that compliance with the
ordinance is a significant problem. Granting a modified variance in this case would simply
acknowledge the needs of the business community in Vernon without unduly infringing on
the City of Vernon's Comprehensive General Plan.
LL94291 0.0561-1 +
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S E P2 K 1994 L!!.J
CITY ADMINISTRATOR'S OFFICE
CITY OF VERNON
TlII: LICATUQI:
September 27, 1994
City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Gentlemen:
We support the request for variance applied for by Champion International
Corporation indicated by the enclosed notice to allow truck loading.
Qf.~
Donald R. Pennell
President
L:ngavine, (6 Lilhoe,raphy
3223 L:asl46th &tred
Los Ane,e1es, California 90058
(213) 585-2152
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
(--tV
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCEV.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
October 13, 1994
city Council
City of Vernon
Honorable Members:
Champion International Corporation has submitted an application for a
Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8,
Development Standards, for the building located at 3100 44th Street,
and transmitted herewith is 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 fifteen non-conforming truck loading spaces. Ten
spaces are 10 feet wide and 52.5 feet long, and five spaces are 10
feet wide and 54.5 feet long. The company is proposing to use only
vehicles of a smaller length at the non-conforming truck loading
spaces. This has been reviewed by the Acting Director of Community
services, and it is hereby recommended that the Variance be granted
contingent upon the following Conditions:
a. The usage of the non-conforming 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.
b. All existing and future tenants shall be
notified of this restriction and a condition
stating this shall be placed in all future
leases.
Very truly yours,
~~~U~
Bruce V. Malkenhorst
City Clerk
*
BVM/hr
v
~
October 12, 1994
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" WilSO:h~cting Director of Community
Services & Water
TO:
SUBJECT: Variance - Champion International corporation @ 3100 44th
Street
Champion International corporation has submitted a
variance application. It is requesting a variance from the
Comprehensive Zoning Ordinance, section 26.4.2-8, Development
Standards, for the building located at 3100 44th Street. The
building has fifteen non-conforming truck loading spaces of which
ten measure 10.0 feet in width and 52.5 in length and five measure
10.0 feet in width and 54.5 feet in length. It is proposing to
use only vehicles of a smaller length at the non-conforming truck
loading spaces.
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 subject to
the following conditions: (a) that the usage of the non-conforming
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; and (b)
all existing and future tenants shall be notified of this
restriction and a condition stating this shall be placed in all
future leases.
MR: reg
Attachments
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Page 1 of 4
APPLICATION FOR VARIANCE
Appl icat ion is hereby made to the Ci ty of Vernon~JjG::petfiI't'dCl5.Ril:ilg4 f'm()i(iT
variance for the following described property:
Legal description (give exact legal description):
As provided in Deed recorded on June 17, 1953, hereby attached
as Exhibit A.
General location (give street address): 3100 East 44th Street, Vernon
Applicants: Name: Champion International Corporation
One Champion Plaza
Mailing address Stamford, Connecticut 06921 Telephone 203/358-7189
Record owners(s) of property: Name
Same as above
Mailing address
Telephone
Amy R. Forbes; Edith Ramlrez
Gibson, Dunn & Crutcher
Property owner(s) representative: Name
333 South Grand Avenue
Mailing address Los Angeles, California
90071
Telephone 213/229-7000
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor)
Attorneys
Written consent of owner(s) must be
attached.
Note: Written consent attached as Exhibit B.
Present use of property:
~ti]arehouse
Present Zoning:
M
Proposed use of property:
Same
How long has owner held title to this property? Since June 17, 1953
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? No G descr ibe as provided in Deed recorded on
June 17, 1953, hereby attached as Exhibit A.
. .
.~
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;
Champion requests that the City Council, in accordance with Section 26.5.1,
relieve Champion of the provisions of Vernon's ordinances regarding
off-street parking, access, and loading requirements. Specifically,
Champion seeks relief from Sections 26.4.2 -8(c) and 26.4.6 -4(c)
requiring 65-foot long truck loading spaces.
NOTICE TO APPLICANT: In the 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)
See Attachment
(1) That special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not generally
applicable ~o other lands, structures, or buildings in the same vicinity
and zone:
(2) That literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other properties in the
same vicinity and zone in which the property is located, under the terms of
this Chapter.
, ,
Page 3 of 4
(3) That the special conditions and circumstances do not result from
actions of the applicant:
(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:
(5) That the granting of such variance will be in harmony and not adversely
affect the Comprehensive General Plan:
NOTE:
Non-conforming use o.f neighboring lands, structures, or buildings shall not
be considered grounds for the issuance of a variance.
Are the required site and design plot plans showing the area covered in the
legal description and all existing and proposed improvements attached? "No/Yes j
Are the required three (3) area maps attached? No/Yes/
Page 4 of 4
Is there a certified list attached of names and mailing addresses of all
property owners within 300. of the exterior boundaries of the property in
this application? .
No/Yes j
Is the required fee enclosed? No/Yes j
Make check or money order payable to th~ City of Vernon.
I declare under penalt
belief the foregoing 's
Signed:
property
to the best of my knowledge and
nd accurate.
2-//-,9 y
, /
ATTACHMENT
1. This building was designed and built in 1953
for the purpose of warehousing paper goods. The two loading
docks that are at issue are 53 and 54 feet long, respectively.
When built, the dimensions of the building and placement of
its fixtures conformed to the existing standards and were
specially calculated to allow for necessary "in-process"
space -- clearances, flows, and racking areas. The building
is still used as a paper goods warehouse and these areas
remain necessary to the proper function of the building today.
Conformance with the City of Vernon's new
requirement that truck loading docks be 65 feet long will
require extensive structural changes and will sUbstantially
interfere with the use and value of the warehouse. If
Champion is forced to lengthen its loading docks, it will lose
the "in-process" space surrounding the loading docks which is
currently used every day. Additionally, the clearances,
flows, and racking areas will no longer be functional. This
will cause great hardship to Champion and may force it to
consider relocating to a functional warehouse.
In addition, the financial expense of lengthening
the loading docks at the warehouse is great. Champion
estimates it will cost approximately $465,000 to lengthen its
docks to meet the 65-foot length requirement. That expense,
however, will not be the only cost suffered by Champion. The
restructuring required to lengthen Champion's docks will also
result in a permanent loss of nearly 4300 square feet within
the warehouse. At today's market rate, that calculates to a
loss of approximately $12,000 per year. Finally, because the
process of lengthening will require extensive structural
alterations, it will substantially disrupt Champion's
operations.
2. strict application of the City of Vernon's
loading dock requirements will place a hardship on Champion
that other properties located in the same vicinity and zone do
not have to bear. Many of the neighboring properties are
recently constructed structures that were built in conformance
with the City of Vernon's current zoning ordinances.
Accordingly, they were designed to accommodate the 65-foot
loading dock requirement without infringing on the necessary
"in-process" space, clearances, flows and racking areas
required for their operations. Having purchased its warehouse
over forty years ago, Champion lacks the ability to conform
its loading docks to Vernon's new zoning standards while at
the same time preserving the requisite "in-process" space that
Champion needs to operate its paper goods business.
.
Furthermore, Vernon has recently granted several
variances from the 65-foot loading dock requirement to nearby
properties facing similar hardships as Champion. The grant of
a variance will therefore not confer any special privileges on
Champion. Instead, it will simply allow Champion to enjoy the
same rights available to other property owners in the area.
3. The special conditions and circumstances
connected with the Champion warehouse do not result from the
actions of Champion. Champion built the warehouse over forty
years ago. At that time, the warehouse conformed to existing
standards, and traffic and parking were not the significant
concerns they have now become as a result Vernon's growth and
expansion.
4. Champion does not seek any special privilege
through this variance. Rather, it seeks only permission to
use its warehouse as it was designed to be used while at the
same time satisfying the concerns of the City of Vernon.
Vernon has previously recognized that special circumstances
warrant relief from a literal application of the loading dock
requirements. On June 7, 1994, for instance, the City granted
variances similar to the one being sought here to three nearby
properties with non-conforming loading docks on the condition
that trucks parked at the non-conforming docks do not
-.)0 unreasonably extend into the street right-of-way. Champion
will agree to a similar condition and should therefore also be
granted a variance.
5. The Champion warehouse is located in the
"M" Zone. This classification contemplates the presence of
large trucks in the area and is in accordance with the general
plan. The properties surrounding the Champion warehouse also
contain warehouses and have trucks at their sites on a daily
basis.
To prevent any undue privilege, Champion agrees to
limit usage of its non-conforming truck loading spaces so that
none of its trucks parked at the loading dock will extend into
the street right-of-way. Champion trucks will therefore not
inferfere with traffic. Accordingly, the grant of this
variance will be consistent with the City of Vernon's
Comprehensive General Plan.
LA941530.055/5+
2
." . ~UG 08 '94 11: 10 213/ 891 0834
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STATE OF CALIFOa.~L\.. )
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coUNTY OF LOS ANGEl.&') )
On this ?:U) da:'J ' 19~), be1'ore me, the
undersigned, a NOt.~ie Oount,1 andstate,per:icn"
.ll<r appea..d C.' J. lXlllEIttY. .... to ". to be tno Vio. ?roo1<l..t, and
T. E.aROOKS. lm- to .. to bo the ASais ...,. Soe,,"r;" or tine eorp....-
.. tian tto,t OX.",ted tl'e Wi thin 1n.t.......t. In'- to ... to bo the per.""
wha .,.e"ted thO within in....-.... on bol1aU of. 1lho co."orot1on tbe..;'
''''l:"'' \ , ...1. . okoowl. c\fiod to "" I,h' t ouch eo",- t10n "0 c..ed the With in
l.<\OtruJl\cnt p",..uunt to 1'- b;r-law, or . rosolut10n 01 ,~.Oo.rd 01
Directors.
WitnesS my hand and o!ficial sesl.
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West 254.06 :feet to the beginning ot a.tD.t'.~ent c'.1rV'e therein
. concave 'East.erly'ha'ViMI;a. radiUs of l, feet; thflnce Northerly'
along said curve 8.41.l. feet. to the point of beginning; contain'"
ingl\n area of 1.h9694 i1icres, more or less;
10.:Clo:?r all oil, r~as and othr..r hydrocarbon unll mlne:rnl. :;ub-
st.ances in a~id 'land but without thE! d.r)'lt or eur!u.ce f,nt.ry au
oonveyed to Ghanslor-Canfield !Aid~ay Oil Company by the deed re-
corded as Document 3241 or DecmnbeX" 2, 191.19 in Book )l6,n at. ptl.ee
;oS or said Ofi'1cial Records a.nd by the deed recorded as pocUIl!ent.
Ho. 2709 of !,)eO_DeI' 6, 1949 in '"Book :ill6,1~ at pa.!~.e ).6) or aa:td
Official Records;
strBJEC'r TO taXeB for t.he fi,Qca.l y~ar1953..l9$4, and to covenant.u,
l"eservat.ionl:>, euem~nt5, conditione and 't"estrietions of reeord;
, 'rQ HAVE AND'ra HOLD unto '1rante6, its :;I\lCCe5l>Or~ and a~sien:5~
forever, upon the fol1owini.": {,X'pre:55 condit:ton subsequent:
Th~t nO structural im?ro~em~nt5 5hal~ be eo~gtructed on sa1~ re~l
r--rt)p~rty'vsiti1ir. 2.2.06 feet of the s0\1th@r1y line of l.l4th Stl"eet
norwiti'lin28.00 feet 0:1:' tone easterl]lir.e of Boyle Aven\1e, the::;e
'oeinr, the disto.nces to be mainMined between t~e street li...'1e:;: &r,d
the ;nair. structure~except tor ?rot.:t"usions such .:IS Eta:\.rways a:ri
cC\nopif:s.
F WlTi-W,sS W~!E1U~OF'. Gr,mtor has duly e;<ec\lt,~d t,his Grant. Doed
thn day and. ye6.r first hereinabove written.
(S&A.L)
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SENT BY:CHAMPION INTERNATIONAL; 8-11-34
One Champion Plaza
Stamford. Connecticut 06921
203 358-7301
14:02 ;
LEGAL AffAIRS....
82132237520;# 21 2
Stephen B. Brown
Vies Presidp.nt-Ssnior Counsel
#10 Champion
~ Champion International Corporation
August 11, 1994
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Re: 3100 East 44th Street Los Aneeles. CA 90058
Gentlemen:
Please be advised that Champion has retained the firm of Gibson. Dunn &
C'nttr..lIo:-r t~ n....t on h.. hr.'hn1' ~n r.~n...r.r.t-;nn ......1th ...11 "fnnH.....,.~ rnlnt;ne t.o ~hnrnp;nn'l!l
......'}11......+ .for n vnrinn...." 'N..e....,.,.Hne ..1\.... nllnve prelnir.8r..
Very truly yours,
SBB:mlz
E" ,,){., 'I...n ~i .~::.i ''':''''~,;..' 4..
,"!J,;Ii ,', ~",""";ll:: ", tJ
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"
CITY OF VERNON
PROPERTY OWNERS LIST STATEMENT
The undersigned has duly prepared the attached "Property Owners' List". This list
includes all of the names and respective addresses of persons being owners of
property, any part of which is within 300 feet of the outer boundaries of the property
located at 3100 E. 44th St. This information is to be obtained from the latest
available Los Angeles County Tax Assessment Roll.
This list was prepared on July 12, 1994, from the Tax Roll maintained at: Los
Angeles County Assessor's Office, 1441 Santa Anita Ave., South EI Monte, CA.
It is understood that the accuracy and completeness of this list is the responsibility
of the applicant.
Signed
..---------------- .
Signe
\ (person who
Gary Perkin
.. ',DBA: Radiu Maps
790.....1. ~. a. Carta Circle
Buena ark, CA 90620
(714)7 9-2723
ie
CARMEN MCWHIRTER
NOTARY PUBUC . CAUFORNIA
COMMISSION /1988332
ORANGE COUNTY
MyCormn. Exp. AugustfJ,1887
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CENTURY CITY
2029 CENTURY PARK EAST
LOS ANGELES, CALIFORNIA 90067-3026
GIBSON, DUNN & CRUTCHER
LAWYERS
333 SOUTH GRAND AVENUE
.JAS. A. GIBSON, 1852-1922
W. E. DUNN, 1861-1925
ALBERT CRUTCHER, 1860-1931
ORANGE COUNTY
4 PARK PLAZA
IRVINE, CALIFORNIA 92714~8557
LOS ANGELES, CALIFORNIA 90071-3197
SACRAMENTO
400 CAPITOL MALL
SACRAMENTO, CALIFORNIA 95814-4407
(213) 229-7000
TELEX: 674930 GIBTRASK LSA
FACSIMILE: (213) 229-7520
NEW YORK
200 PARK AVENUE
NEW YORK, NEW YORK 10166-0193
WASHINGTON
1050 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20036-5306
BRUSSELS
AVENUE LOUISE 66
8-1050 BRUSSELS, BELGIUM
~
104 AVENUE RAYMOND POINCARE
75116 PARIS. FRANCE
LONDON
30/35 PALL MALL
LONDON SWIY 5LP
HONG KONG
8 CONNAUGHT PLACE
HONG KONG
TOKYO
TORANOMON 3-CHOME ANNEX BLDG.
3-7-12 TORANOMON, MINATO-KU
TOKYO 105. JAPAN
AFFILIATED SAUDI ARABIA OFFICE
JARIR PLAZA, OLAYA STREET
P.O. BOX 15870
RIYADH 11454, SAUDI ARABIA
SAN DIEGO
750 8 STREET
SAN DIEGO, CALIFORNIA 92101-4605
August 12, 1994
SAN FRANCISCO
ONE MONTGOMERY STREET. TELESIS TOWER
SAN FRANCISCO. CALIFORNIA 94104-4505
DALLAS
1717 MAIN STREET
DALLAS, TEXAS 75201-7390
~
1801 CALIFORNIA STREET
DENVER, COLORADO 80202-2694
SEATTLE
999 THIRD AVENUE
SEATTLE, WASHINGTON 98104-7089
WRITER'S DIRECT DIAL NUMBER
OUR FILE NUMBER
(213) 229-7946
Ma~ Frances Rutz
City of Vernon
430$ Santa Fe Avenue
Vernon, California 90058
T 93038-00462
RECEIVED
AUG 1 5 1994
Re:
3100 East 44th Street
Los Angeles, California
90058
Dear Ms. Rutz:
Enclosed please find an application submitted on
behalf of Champion International Corporation petitioning for a
variance for the above-referenced property. The $500 filing
fee is also enclosed.
Thank you for your prompt attention to this matter.
._...lUease let me know if you have any questions.
Very truly yours,
~~
Edith Ramirez
ER/dar
EnG:1osures
LL942%40.058/1 +
)0 ~
~'Z/
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SSe
CITY OF VERNON )
I, Fred Amiri, Engineering Aide of the City of Vernon,
do hereby certify that I did, on the 29th day of September, 1994
at 4:00 p.m. post three (3) copies of:
NOTICE OF PUBLIC HEARING to be held 10/18/94 (see
attached copy) regarding a variance application for
CHAMPION INTERNATIONAL CORPORATION to allow the use
of fifteen non-conforming truck docks at 3100 44th 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.
~"~'
(_.._-~' , .. ~
Fred Amiri, Engineering Aide
Date:
?-Z?-~-r"
State of California )
) SSe
Angeles ) /7
On c51~ 1ft; before me, '--~~~ r l/ /~--eJ ,
N~~ary PUblic, personally appeared Fred Ami~erSOnallY 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 he executed the same in his
authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted,
executed the instrument.
seal
- .
AFFIDAVIT OF MAILING
I, Rose Gonzales, declare as follows:
1. That I am employed in the Community services Department
in the position of Secretary.
2. That on September 29, 1994 I mailed a copy of: NOTICE OF
SCHEDULING OF A PUBLIC HEARING to be held October 18, 1994 regarding
a variance application for 3100 44th 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.
~' ~,~.
.
. .
7/12/94
6303016005
Champion Ware properties
1 Champion Plz
Stamford CT 06921
6303015002 2
General Electric Co.
Po Box 9521
Fort Myers FL 33906
6303011028 5
Perricone Investments
3231 E 44th St
Los Angeles CA 90058
6303011041 8
Perricone Investments
3231 E 44th St
Los Angeles CA 90058
6303017011 11
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303017010 14
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303018053 17
Kal Kan Foods
3250 E 44th St
Vernon CA 90058
6303018048 20
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303016002 23
Metal Imp. Inc.
10 Forest Ave
Paramus NJ 07652
300' RADIUS OWNERSHIP LISTING
3100 East 44th Street
Vernon, California
Nationwide Papers
6303016004
Kal Kan Foods
3376 E 44th St
Vernon CA 90058
6303011026 3
Boyle Investments
2121 E 25th St
Los Angeles CA 90058
6303011029 6
Perricone Investments
3213 E 44th St
Vernon CA 90058
6303010031 9
Salter Investments
3021 Mcconnell Dr
Los Angeles CA 90064
6303017001 12
Nvart Arzouman
2110 Firewood Ct
San Bernardino CA 92404
6303018051 15
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303018052 18
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303018054 21
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303016003 24
Donald R. Pennell
3223 E 46th St
Los Angeles CA 90058
Page
1
6303015001 1
Catellus Development
201 Mission St
San Francisco CA 94105
6303011027 4
Perricone Investments
3231 E 44th St
Los Angeles CA 90058
6303011037 7
Perricone Investments
3231 E 44th St
Los Angeles CA 90058
6303010032 10
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303017009 13
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303018049 16
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303018050 ' 19
Kal Kan Foods
3386 E 44th St
Vernon CA 90058
6303016001 22
patricia J. O'keefe
495 Bellmore Way
Pasadena CA 91103
6303016800 25
L.A. Junction R.R.
~. .. 1.. ·
7/12/94
6303016006 26
Mickey Beckenfeld
1535 Carla Rdg
Beverly Hills CA 90210
300' RADIUS OWNERSHIP LISTING
3100 East 44th Street
Vernon, California
Nationwide Papers
Page
2
6303012041 27
Eastcase Company
3231 E 44th St
Los Angeles CA 90058
6303015800 28
L.A. Junction R.R.
.. , i~
Dolores Petullo
Chamber of Commerce
3801 Santa Fe Avenue
Vernon, CA 90058
Robert J. Niccum
L.A. Unified School
Dist.
1425 S. San Pedro Street
Room 101
Los Angeles, CA 90015
Joseph R. Garruba
California Portland
Cement Company
2025 E. Financial Way
Glendora, CA 91740
Sidney R. Title
Market Properties, Inc.
5245 Pacific Concourse
suite 190
Los Angeles, CA 90045
H.P. Long
Sweetener Products
2050 E. 38th Street
Vernon, CA 90058
Louis Chertkow
Elkay Plastics Company,
Inc.
P,.O. Box 23008
Vernon, CA 90023
E.J. Contreras
OwenS-Brockway
2901 Fruitland Avenue
Vernon, CA 90058
Gloria Molina
Bd. of supervisors
500 W. Temple Street
suite 856
Los Angeles, CA 90012
Dave Karrker
California Water Service
5243 E. Sheila Street
Commerce, CA 90022
John Kinas
United States Aluminum
3663 Bandini Boulevard
Vernon, CA 90023
Ron Matik
33292 Pleasant Oak Dr.
Springville, CA 93265
Ellen Orlando
Karen Lehrer
2300 E. 11th street
Los Angeles, CA 90021
Brent P. Chappell
Catellus Development
Corp.
1065 N. Pacificenter
Drive, suite 200
Anaheim, CA 92806
Mothers of East L.A.
Ms. Guiterrez
924 S. Mott Street
Los Angeles, CA 90023
Nathan Smooke
P.O. Box 1311
Los Angeles, CA 90053
J.J. Little
J.J. Little Company,
Inc.
3700 Santa Fe Avenue
Vernon, CA 90058
L.R. Luppen
Metal Products
Engineering
3864 Santa Fe Avenue
Vernon, CA 90058
David Nazaryk
Catellus Development
Corp.
1065 N. Pacificenter
. Drive, suite 200
Anaheim,CA 92806
Connie M. Carrasco,
President
Chem-Tech Systems, Inc.
3650 East 26th Street
Vernon, CA 90023
James H. Hilands
Heger Realty corporation
5657 E. Washington Blvd.
Los Angeles, CA 90040
City of Vernon
~7
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, October 18, 1994 at 5:00 p.m.
/
Applicant:
Champion International Corporation
The purpose of the hearing is to. obtain testimony from
affected and/or 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 fifteen non-conforming truck
loading spaces.
Property involved:
3100 44th 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 in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
u.7JU4-/~
uce . Malkenhorst
ity Administrator/City Clerk
(
~
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ENGINEER'S 'REPORT
CHAMPION INTERNATIONAL CORPORATION
3100 44TH STREET
VARIANCE APPLICATION
OCTOBER 12, 1994
Champion International Corporation has requested a variance
from the Comprehensive Zoning Ordinance section 26.4.2-8,
Development Standards, for the property located at 3100 44th
street in the City of Vernon. The building that it owns was
constructed with fifteen non-conforming truck loading spaces of
which ten measure 10.0 feet in width and 52.5 feet in length and
five measure 10.0 feet in width and 54.5 feet in length. It has
stated that only vehicles of smaller lengths will be used at the
fifteen non-conforming truck loading spaces. The building is
used for the manufacturing of paper products and is approximately
90,000 square feet in size.
section 26.4.2-7 (b) requires four truck loading spaces for
buildings with a gross floor area of between 50,001 and 100,000
square feet in size. section 26.4.2-8 (e) of the Comprehensive
Zoning Ordinance specifies that each 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 five years of April 18, 1989 unless a variance
is granted.
It has indicated that requiring the non-conforming truck
loading spaces to be 65 feet long by 10 feet wide would be a
,
I ~.
hardship. It has indicated that it has no plans for expansion or
alteration of the building configuration. The operation is in
conformance with the Zoning Ordinance and General Plan.
Therefore, it is recommended that the variance be granted with
the following conditions: (a) the usage of the non-conforming
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; and (b)
all existing and future tenants shall be notified of this
restriction and a condition stating this shall be placed in all
future leases.
CHAMPION INTERNATIONAL TRUCK WADING SPACE
VARIANCE: REQUEST FOR MODDUD VARIANCE CONDmON
~: The Community Services staff has recommended that the variance
requested by Champion International be granted on the condition that usage of the non-
conforming loading spaces be limited so that no truck extends into the street right-of-way.
While we are grateful for the recommendation, we need to clarify that in making our
application we understood "street right-of-way" not to include the sidewalk. We have ten
loading spaces that are 10.5 ft. short of the 65-foot length requirement and five loading
spaces that are 12.5 ft. short. While trucks using these loading spaces do not extend onto
the street, on occasion trucks do encroach onto the sidewalk. Our purpose in making this
application is to seek a variance that allows trucks to extend into the sidewalk.
Reasons S'-Pllortinr Request:
· Although the condition speaks in terms of the "street right-of-way,"
the critical concern of the loading dock ordinance is that trucks not impede the flow of
traffic. By agreeing to limit usage of its non-conforming loading spaces so that trucks do
not extend into the street, Champion ensures that there will be no interference. with traffic.
Champion's request that trucks be permitted to encroach on the sidewalk is not
unreasonable in that the area in question is an industrial district with few pedestrians,
particularly during the early morning hours when the loading docks are at their busiest.
. Requiring Champion to conform its fifteen loading spaces to the City
of Vernon's revised loading requirements would impose a substantial financial hardship --
the structural changes necessary to lengthen the docks would cost approximately $465,000,
would result in a permanent loss of 4300 sq. ft. amounting to an additional loss of $12,000
per year, and would deprive Champion of the space needed for the proper operation of its
paper goods business. Vernon's ordinance thus places a unique burden on Champion not
faced by neighboring property owners with newer buildings.
. Champion does not seek any special privilege by its request for a
modified variance. Rather, Champion asks the City Council to recognize that many of the
existing businesses in Vernon simply cannot comply with its revised loading dock
requirements. In fact, a number of businesses, some of which have been granted relief
from the loading dock requirements, extend not only into the sidewalk but into the street
on a daily basis.
. The fact that the City Council to date has granted over forty-five
variances with respect to its loading dock requirements indicates that compliance with the
ordinance is a significant problem. Granting a modified variance in this case would simply
acknowledge the needs of the business community in Vernon without unduly infringing on
the City of Vernon's Comprehensive General Plan.
LL94291 0.0561-1 +
"t
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 Council
City of Vernon
Honorable Members:
.~, r(/
V ';J'J
L,/t,' (J)cJ DAVID B. BREARLEY
I 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
CITY HALL
4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
In Reply Refer to:
November 9, 1994
Champion International Corporation has requested an extension of time
regarding their Variance request because they are still conferring
with their main office (which is out of state), and it is hereby
recommended that the Public Hearing be continued to the City Council
Meeting to be held December 6, 1994.
VZ:la~
"'I
BVM/hr
*
Bruce V. Malkenhorst
City Clerk
'A
Q/
November 9, 1994
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson,'?~cting Director of Community
Services & Water
TO:
SUBJECT:
CHAMPION INTERNATIONAL CORPORATION
A public hearing was held on October 18, 1994 regarding a
variance application from Champion International Corporation.
The matter was referred back to the department for further
analysis and then deferred to the meeting of November 15, 1994.
Because Champion is still conferring with their main office,
which is out of state, they have requested additional time.
Therefore I would like to recommend that the matter be deferred
to the first meeting in December.
Ips