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Resolution No. 6554 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DENYING A VARIANCE TO OWENS-BROCKWAY GLASS CONTAINERS, INC., FROM SECTION 26.4.2-8 DEVELOPMENT STANDARDS, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 2901 FRUITLAND AVENUE IN THE CITY OF VERNON WHEREAS, Owens-Brockway Glass Containers, Inc. owns a parcel of property located at 2901 Fruitland Avenue 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, Owens-Brockway Glass containers, Inc. uses the buildings for manufacturing of glass bottles, the existing buildings on the property measure approximately 240,000 square feet and the buildings were constructed with three non-conforming truck loading spaces which measure 10.0 feet in width and 37.0 feet in length; and WHEREAS, pursuant to Zoning Ordinance section 26.4.2-7 (b) such use requires five truck loading spaces for buildings with a gross floor area of between 100,000 and 200,000 square feet in size and one additional space for each 100,000 square feet or fraction thereof for a total of six spaces; and WHEREAS, Zoning Ordinance Section 26.4.2 -8 (c) specif ies 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 standards within 5 years of April 18, 1989 unless a variance is granted; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 ~ 26 27 28 WHEREAS, insufficient space exists on the parcel for conforming loading spaces, and Owens-Brockway Glass Containers, Inc. has indicated that it has no plans to expand or alter the building configuration, and cannot restrict the usage of the loading docks to vehicles that will not extend into the street right-of-way; and WHEREAS, section 22507.2 of the Vehicle Code of the State of California prohibits the City of Vernon from authorizing vehicles to park on sidewalks 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; and WHEREAS, it would be against the public health, safety, and welfare to grant a variance which would allow trucks to block sidewalks and roadways by stopping or standing thereon while loading and unloading; and WHEREAS, the City Council of the City of Vernon held a hearing on said application for a variance beginning on December 6, 1994, which was continued to December 20, 1994. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The city Council of the City of Vernon hereby finds and determines that the recitals contained herein- above are true and correct. SECTION 2: The request for a variance from section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance, requiring all truck loading spaces to be 10 feet wide 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by 65 feet long by Owens-Brockway Glass containers, Inc. at 2901 Fruitland Avenue is hereby denied. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED THIS 20TH day of December, 1994 ~' L!=ONIS C. MAL' G, May r ATTE~ ~ /<-- /M / ~~-- BRUCE V. MALKENHORST, City Clerk 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 6554 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 20, 1994 and thereafter was duly signed by the Mayor of the City of Vernon. /~~ BRUCE V. MALKENHORST, City Clerk (SEAL) 4 .,Y"'" - . AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SSe CITY OF VERNON ) I, Mary Frances Rutz, Engineering Associate of the City of Vernon, do hereby certify that I did, on the 23rd day of November, 1994 at 3:00 p.m. post three (3) copies of: NOTICE OF PUBLIC BEARING to be held 12/6/94 (see attached copy) regarding a variance application for OWENS-BROCKWAY GLASS CONTAINERS, INC. to allow the use of three non-conforming truck docks at 2901 Fruitland Avenue. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: /1-30"n- ~~~aI~~ Mary ~r4nc~~ Rutz,'Eng~eering Associate State of California ) ) SSe County of Los Angeles ) On N~\J..\~'R ~()I\<\.~~before me, 8\"\.ORC,\',- L, b\.^-C'.x\N0~ , Notary PUblic, personally appeared Mary Frances Rutz, personally known to me (or known to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ~~r- RCL~\.~~ OFFICIAL SEAL SHARON L DUCKWORTH Notary Public-California LOS ANGELES COUNTY My Commission Expires June 9. 1995 IiIir; AFFIDAVIT OF MAILING I, Mary Rutz, declare as follows: 1. That I am employed in the Community Services Department in the position of Engineering Associate. 2. That on November 23, 1994 I mailed a copy of: NOTICE OF SCHEDULING OF A PUBLIC HEARING to be held December 6, 1994 regarding a variance application for 2901 Fruitland Avenue 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. ~~Y!Pg , OW,~lERSHIP LIST WITHIN A 300 I FADIUS OF 2901-2923 FRUITLAND AVE., VERNON - 1 Fred GamIn 16951 Coral cay Lane Huntington Bch, CA 92649 4 Ann Rhodes P.O. Box 12484 Fort Worth, TX 76116 7 Charles Dickman, Trs. 9700 Arby Dr. Beverly Hills, CA 90210 10 OWens Illinois Glass One seagate #1200 Toledo, OH 43604 13 Roy Alexander 5240 E. El Roble st. Long Beach, CA 90815 16 Trent Anderson, Jr. Trs. 126 S. Windsor Blvd. Los Angeles, Ca. 90004 19 J and B Kirwan Trust 1408 Lomita Dr. Pasadena, CA 91106 Robert A. Raskin Owens-Brockway Glass. P.O. Box 3818 Terminal Annex Los Angeles, California 90051 2 court Indstrl. Properties 707 Torrance Blvd. #250 Redondo Beach, CA 90277 5 Mutual Benefit Life Ins. P.O. Box 49051 Los Angeles, Ca. 90049 8 Randall Foods Inc. P.O. Box 2669 Huntington prk, CA 90255 11 L.A. By Products Co. 1810 E. 25th st. Los Angeles, Ca. 90058 14 Joe Dispeker, Trs. P.O. Box 35253 Los Angeles, Ca. 90035 17 Central Life Assurance 6000' Westown Pkwy. #200W W. Des Moines, IA 50266 owens-Brockway Attn: Robert Raskin P.O. Box 3818 Term. Anne< Los Angeles, Ca. 90051 Owens-Brockway Glass One Sec?gate Toledo, Ohio 43666 r- JN 10-12 3 Not on Tax Roll 6 Manuel Nievez 545 N. Pennsylvania Ave. Glendora, CA 91740 9 Boyle Avenue properties c/o David Karney P.O. Box 49051 Los Angeles, Ca. 90049 12 Detrex Chemical Ind. P.O. Box 501 Detroit, MI 48232 15 United Engineering 833 W. 17th st. 14 Costa Mesa, CA 92627 18 orval Kent Foods Co. 5001 S. Soto st. Los Angeles, Ca. 90058 Contail'\€.fs} LK.I' L;J0 ~ Dolores Petullo Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 Robert J. Niccum L.A. Unified School Dis.t. 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 pr~perties, 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 servicr 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 corporat 5657 E. Washington Bl' Los Angeles, CA 9004' "\< . occupant 2959 E. 50th street Los Angeles, CA 90058 occupant 2928 E. 50th street Los Angeles, CA 90058 occupant 3046 E. 50th street Los Angeles, CA 90058 occupant 3027 Fruitland Ave. Los Angeles, CA 90058 occupant 2923 Fruitland Ave. Los Angeles, CA 90058 Occupant 4901 Boyle Ave. Los Angeles, CA 90058 occupant 2825 E. 54th street Los Angeles, CA 90058 OCCUPANTS LIST WITHIN A 300' RADIUS OF 2901-2923 FRUITLAND AVE., VERNON IN 10-12 Occupant 2929 E. 50th Street Los Angeles, CA 90058 Occupant 2905 E. 50th Street Los Angeles, CA 90058 occupant 2910 E. 50th Street Los Angeles, CA 90058 occupant 3022 E. 50th Street Los Angeles, CA 90058 Occupant 3068 E. 50th Street Los Angeles, CA 90058 Occupant 3041 Fruitland Ave. Los Angeles, CA 90058 Occupant 3007 Fruitland Ave. Los Angeles, CA 90058 occupant 2901 Fruitland Ave. Los Angeles, CA 90058 Occupant 2761 Fruitland Ave. Los Angeles, CA 90058 Occupant 2902 Fruitland Ave. Los Angeles, CA 90058 Occupant 4920 Soto Street Los Angeles, CA 90058 Occupant 5115 Soto street Los Angeles, CA 90058 City of Vernon 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, December 6, 1994 at 5:00 p.m. Applicant: Owens-Brockway Glass containers, Inc. 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. Property involved: Grant a variance to allow the tenant to utilize three non-conforming truck loading spaces. 2901 Fruitland Avenue, Vernon, Ca 90058 Request: Review of the file: The application, maps and supporting information is available in the Departmen~ 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 tho~e issues you or someone eise raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the ~ting. /,.4'.4" f. ~"~//;X' / L~ Y /~:$v/Z/"/ v Bruce V. Malkenhorst city Administrator/City Clerk ...-....... . .. '->~ ENGINEER'S REPORT OWENS-BROCKWAY GLASS CONTAINERS, INC. 2901 FRUITLAND AVENUE VARIANCE APPLICATION DECEMBER 1, 1994 Owens-Brockway Glass containers, Inc. has requested a variance from the Comprehensive Zoning Ordinance section 26.4.2- 8, Development Standards, for the property located at 2901 Fruitland Avenue in the City of Vernon. The buildings that it owns were constructed with three non-conforming truck loading spaces which measure 10.0 feet in width and 37.0 feet in length. The buildings are used for the manufacturing of glass bottles and are approximately 240,000 square feet in size. section 26.4.2-7 (b) requires five truck loading spaces for buildings with a gross floor area of between 100,000 and 200,000 square feet in size and one space for every additional 100,000 square feet or fraction thereof for a total of six spaces. 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. Owens;-Brockway Glass Containers, Inc. has indicated 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 J ~. . ~ - ~ Owens-Brockway Glass Containers, Inc. to discuss different alternatives but have not been able to reach any resolution. Therefore, it is recommended that the variance be denied. ~. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL .,2:/ 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 December 20, 1994 The Honorable City Council of the City of Vernon 4305 Santa Fe Avenue Vernon, California 90058-0805 Re: Request by Owens Brockway that City Authorize Commercial Vehicles to Park Across Sidewalks and Block Streets Gentlemen: During the City Council meeting held on December 6, 1994, in the hearing on the Owens Brockway variance, a specific request was made by the applicant that trucks be allowed to extend across the property line and across the sidewalks as far as the center line of the street while unloading between the hours of 6 p.m. and 6 a.m. Such an action by the ci ty is not permissible since the regulation of streets and highways by a charter city is preempted by the Vehicle Code on the basis of uniformity (VC S21). 1. Parkinq provisions in Vehicle Code. The Vehicle Code preempts regulation of streets and highways by a charter city on the basis of uniformity (VC S21). The provisions governing parking on city streets are contained in Vehicle Code Section 22500, which prohibits stopping, parking or standing in designated places. The designated places include crosswalks, intersections, specifically marked zones, in front of driveways, on sidewalks, etc. There is no specific prohibition against blocking of the street itself, al though Vehicle Code Section 22502 requires that vehicles stopped or parked on the roadway be parallel to the curb and within eighteen inches. Commercial vehicles have an exception while loading and unloading, but may not park in a direction opposite to the traffic. It is doubtful that a truck blocking oncoming traffic would be consistent * .., ... '. City Council of the City of Vernon December 20, 1994 Page 2 wi th such exception. The ci ty may adopt an ordinance which requires all commercial vehicles to stop or park within eighteen inches of a curb. The extent to which local authorities can regulate traffic is set out in several Vehicle Code sections. The limitations in Vehicle Code Section 22500 can be varied somewhat by local regulation, specifically sections 22506 through 22507.6. However, for the most part, these sections authorize local authorities to "prohibit or restrict the parking or standing of vehicles" on certain streets or highways, not to allow greater flexibility. 2. Prohibition on Blockina Sidewalks One particular section poses an insurmountable barrier to any attempt by the City to authorize commercial vehicles at Owens Brockway to extend out into the street right-of-way. section 22507.2 allows local authorities to exempt property owners or lessees from the provisions of Vehicle Code section 22500(e) which prohibits parking in front of a public or private driveway. However, that section concludes with the following sentence: "A local ordinance adopted pursuant to this section may not authorize parking on a sidewalk in violation of subdivision (f) of section 22500." The street right-of-way in front of the Owens Brockway property includes a sidewalk. Between Vehicle Code Section 22502 on parallel parking and Section 22507.2 which prohibits blocking sidewalks, the City has little option. 3. Liability If the City were to authorize trucks to extend into the street right-of-way and a court were to hold that this was not a legal parking position, this could be a factor in the question of tort liability if anyone were injured. As a general rule,the City is not liable for a police regulation. But if the City were to authorize a dangerous condition, a court might make an exception. Very truly yours, D~ 1)( \>A OA-O./ David B. Bre:~;~~ City Attorney OBB:JDF:nc cc: Bruce V. Malkenhorst, City Administrator S. Kevin Wilson, Acting Director of community Services \~ Page 1 of 4 APPLICATION FOR VARIANCE Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description): General location (gi~e street address): 2901 FRUITLAND AVE. VERNON 900S8 Applicants: Name: OWENS-BROCKWAY GLASS CONTAINERS? INC. Mailing address P.O. BOX 3818 TERMINAL ANNEX 900S1 Telephone(213) S86-4236 Record owners(s) of property: Name OWENS-ILLINOIS? INC. Mailing address ONE SEAGATE TOLEDO, OHIO 43666 Telephone (419)247-S000 Property owner{s) representative: Name ROBERT A. RASKIN Mailing address P.O. BOX 3818 TERMINAL ANNEX 90DSl Telephone (213)S86-4236 relationship to owner{s) (engineer, contractor, attorney, purchaser, lessor) EMPLOYEE Written consent of owner(s) must be attached. Present use of property: MANUFACTURE GLASS Present Zoning: Proposed use of property: MANUFACTURE GLASS CONTAINERS How long has owner held titl~ to this property? Are there any easements controlling the use of this property? No Yes described Expiration date Are there any private or deed restrictions controlling use of this property ? No Yes, describe -y', # Page 2 of 4 Variance applied for (described in detail the nat~re and purpose of this request for which the premises are to be used) attach additional sheet(s) if necessary: ALLOW TRUCKING UNLOADING AND LOADING ON LOADING DOCK LOCATED AT 2901-2923 FRUITLAND AVE. THAT HAS A RECESSED DEPTH OF 37 FEET. 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 neces~arY) . (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone: THIS LOADING DOCK IS USED TO UNLOAD APPROXIMATELY 12-1S TRUCKS PER DAY IN ADDITION TO ANY NUMBER OF IN-HOUSE FLAT BED}CLOSED VANS. THIS DOCKS IS OF PREFERENCE BECAUSE OF ITS PROXIMITY TO THE MAIN MANUFACTURING AREA AND TO AN ELEVATOR THAT TRANSPORT MATERIAL TO A SECOND FLOOR STORAGE AREA AND STAGING AREA. (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. IF PRECLUDED FROM USING THIS DOCK? ADDITIONAL PEOPLE W00LD HAVE TO BE USED TO MANAGE THE ARRIVAL OF CORRUGATED PAPER AND ITS STAGING FOR USE IN THE MANUFACTURING PROCESS. " .' Page 3 of 4 (3) That the special conditions and circumstances do not result from actions of the applicant: THIS LOADING/UNLOADING DOCK HAS BEEN IN USE BY THIS FACILITY FOR DECADES AND IS INTEGRAL TO THE SMOOTH FLOW OF CORRUGATED PAPER TO THE FINAL MANUFACTURING PROCESS. (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: THE APPLICANT IS NOT AWARE OF ANY SPECIAL PRIVILEGE THAT WOULD BE CONFERRED UPON US. (5) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: THE GRANTING OF THIS VARIANCE WILL ALLOW THE APPLICANT TO CONTINUE TO OPERATE ITS FACILITY WITHOUT UNDUE HARDSHIPS AND ADDED FINANCIAL PENALTY. NOTE: Non-conforming use of 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 legal description and all existing and proposed improvements attached Are the required three (3) area maps attached? N~ n the 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 Is the required fee enclosed? N~ Make check or money order payable t~City of Vernon. Signed: that to the best of my knowledge and and accurate. Date or owners respresentative (0 (;<;fry , .' . PROPERTY OWNERS LIST STATEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The undersigned has duly prepared the attached "Property Owners List." This list includes all of the names, and respective adresses, of persons being owners of property any part of which .is within 300 feet of the outer boundaries of the property located at 2901-2923 Fruitland Ave. . This information is to be obtained from the latest available Los Angeles County Tax Assessment Roll. This list was prepared on 10-27-94 , from the Tax Roll maintained at L.A. County Assessor's, Downtown L.A. (name and location of office) It is understood that the accuracy and completeness of this list is the responsibility of the applicant. State of California }~ County of Los Angeles .A. ....... ... ..... .... ..... ..... _ 11 ~H~R~L~A~ v:;G~ ~ ~ -It 0":' . Comm. #. 999379 0 ~ ~ ~ ~ . ~ NOTARY PUBLIC - CALIFORNIA 0 (.) . LOS ANGELES COUNTY ;... i~ ~ ~ ~ ~ ~y~c:":m~ E:p~ sTe~. !O~ 1::7 ~ Signed Signed Ernest De Guia (Print Name) 5147 W. Rosecrans Ave. (Street Address) Hawthorne, CA 90250 (City, State, Zip) (310) 973-4619 (Phone No.) On this the 2nd day of November 9 94 f , _. be ore me. ~ ~ ~ ~ .~ ~ 't ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cheryl Vargo the undersigned Notary Public. personally appeared €l2NesT ])1:7 6LJIA executed it. . . . ' ~, PROPERTY O~~ERS LIST 2901-2923 Fruitland Ave., Vernon PagE: 1 of 1 (Applicants Adoress) I Owners City Kev t Book Pao Parcel Owner Address StatelZ; 0 . IFred Garnm 16951 Coral Cay Lane 1 6303 23 08 Huntington Beach, CA 92649 09,10 Court Industrial 707 Torrance Blvd. #250 2 6303 23 Properties Redondo Beach, CA 90277 3 6303 23 BOO Not on Tax Roll P.O. Box 12484 TX 76116 4 6303 24 04 Ann Rhodes Fort Worth. /24 05 Mutual Benefit P.O. Box 49051 5 6303 Life Insurance LOS Anqeles "lI.. QOO4Q 124 06,09,lJManuel Nievez 545 N'. Pennsylvania Av.l 6 6303 Glendora, CA 91740 7 6303 24 07 Charles Dickman, Tr 9700 Arby Dr. Beverly Hills, CA 90210 16303 124 ~8,10,1~Randall Foods I P.O. Box 2669 I CA 8 Inc. Huntington Park 90255 IBOYle Avenue I P.O. Box 49051 I CA 9 6303 24 :19,20 Properties Los Angeles, 90049 6310 09 6~,15 IOwens Illin~is \ One Seagate #1200 IOH 10 6303 29 Toledo, 43604 I L.A. By Products 1810 E. 25th St. I CA 11 6303 29 07 Co. Los Angeles, 90058 I b8 IDetrex ~\. P.O. Box 501 12 6303 ,29 'r.~1 Tnt'! Detroit, MI 48232 I 129 ~9 5240 E. El Roble St. 13 6303 Roy Alexander Long Beach, CA 90815 / I P.O. Box 35253 / 14 6303 29 10 Joe Dispeker, Trs. Los Angeles, CA 90-035 , , I 111 IUnited Engineering 833 w. 17th St. #4 , 15 6303 29 Costa Mesa, CA 92627 113 IT. Ander son, 126 S. Windsor Blvd. ICA 16 6303 29 Jr. Los Angeles, 90004 17 I 6308 02 f6,07 Central Life 6000 Westown Pkwy #200wl Assurance W. Des Moines, IA 50266 I I 02 f8 . .- 5001 S. Soto St. ICA 18 6308 Orval Kent Foods Co 90058 Los Angeles, rand B Kirwan Trs. 1408 Lomita Dr. 19 6309 26 33,34 Pasadena, CA 91106 RESOLUTION NO. 6554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DENYING A VARIANCE TO OWENS-BROCKWAY GLASS CONTAINERS, INC., FROM SECTION 26.4.2~8 DEVELOPMENT STANDARDS, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 2901 FRUITLAND AVENUE IN THE CITY OF VERNON WHEREAS, Owens-Brockway Glass containers, Inc. owns a . parcel of property located at 2901 Fruitland Avenue 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, Owens-Brockway Glass Containers, Inc. uses the buildings for manufacturing of glass bottles, the existing buildings on the property measure approximately 240,000 square feet and the buildings were constructed with three non-conforming truck loading spaces which measure 10.0 feet in width, 37.0 feet in length; and WHEREAS, pursuant to Zoning Ordinance section 26.4.2-7 (b) such use requires five truck loading spaces for buildings with a gross floor area of between 100,000 and 200,000 square feet in size and one additional space for each 100,000 square feet or fraction thereof for a total of six spaces; and WHEREAS, Zoning Ordinance section 26. 4 . 2 -8 (c) specif ies 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, Owens-Brockway Glass Containers, Inc. has 1 ,.' - Owens-Brockway Glass Container 2901 Fruitland Avenue. Fruitland Avenue (looking west) Parked trailer extending in to pubvc nght-of-way ( it Owens-Brockway Glass Container 2901 Fruitland Avenue (Glass manufacturing operation from loading dock view) # -., Owens-Brockway Glass Container 2901 Fruitland Avenue (Glas$ manufacturing operation from loading dock view) NOTICE OF CONTINUANCE OF A PUBLIC HEARING IN THE MATTER OF THE APPLICATION FOR A VARIANCE FROM OWENS-BROCKWAY GLASS CONTAINERS, INC. I HEREBY CERTIFY THAT THE PUBLIC HEARING HELD DECEMBER 6, 1994 AT APPROXIMATELY 5:22 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 OWENS-BROCKWAY GLASS CONTAINERS, INC. WAS CONTINUED TO DECEMBER 20, 1994 AT APPROXI- MATELY 5 P.M. IN THE COUNCIL CHAMBERS OF TH CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA BY. ~ 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 correct. ~1J;(L W' . Wm. "BILL" DAVIS Councilman CITY COUNCIL LEONIS C. MALBURG Mayor BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DA VID 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 H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE A VENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 December 20, 1994 The Honorable City Council of the City of Vernon 4305 Santa Fe Avenue Vernon, California 90058-0805 Re: Request by Owens Brockway that City Authorize Commercial Vehicles to Park Across Sidewalks and Block Streets Gentlemen: During the City Council meeting held on December 6, 1994, in the hearing on the Owens Brockway variance, a specific request was made by the applicant that trucks be allowed to extend across the property line and across the sidewalks as far as the center line of the street while unloading between the hours of 6 p.m. and 6 a.m. Such an action by the City is not permissible since the regulation of streets and highways by a charter city is preempted by the Vehicle Code on the basis of uniformity (VC S21). 1. Parkina provisions in Vehicle Code. The Vehicle Code preempts regulation of streets and highways by a charter city on the basis of uniformity (VC S21). The provisions governing parking on city streets are contained in Vehicle Code Section 22500, which prohibits stopping, parking or standing in designated places. The designated places include crosswalks, intersections, specifically marked zones, in front of driveways, on sidewalks, etc. There is no specific prohibition against blocking of the street itself , although Vehicle Code Section 22502 requires that vehicles stopped or parked on the roadway be parallel to the curb and within eighteen inches. Commercial vehicles have an exception while loading and unloading, but may not park in a direction opposite to the traffic. It is doubtful that a truck blocking oncoming traffic would be consistent ~ ..- City Council of the City of Vernon December 20, 1994 Page 2 wi th such exception. The City may adopt an ordinance which requires all commercial vehicles to stop or park within eighteen inches of a curb. The extenttg which local authorities can regulate traffic is set out in several Vehicle Code sections. The limitations in Vehicle Code Section 22500 can be varied somewhat by local regulation, specifically Sections 22506 through 22507.6. However, for the most part, these sections authorize local authorities to "prohibit or restrict the parking or standing of vehicles" on certain streets o~ highways, not to allow greater flexibility. 2. Prohibition on Blocking Sidewalks One particular section poses an insurmountable barrier to any attempt by the City to authorize commercial vehicles at Owens Brockway to extend out into the street right-of-way. Section 22507.2 allows local authorities to exempt property owners or lessees from the provisions of Vehicle Code Section 22500(e) which prohibits parking in front of a public or private driveway. However, that section concludes with the following sentence: "A local ordinance adopted pursuant to this section may not authorize parking on a sidewalk in violation of subdivision (f) of Section 22500." The street right-of-way in front of the Owens Brockway property includes a sidewalk. Between Vehicle Code Section 22502 on parallel parking and Section 22507.2 which prohibits blocking sidewalks, the City has little option. 3. Liabilitv If the City were to authorize trucks to extend into the street right-of-way and a court were to hold that this was not a legal parking position, this could be a factor in the question of tort liability if anyone were injured. As a general rule, the City is not liable for a police regulation. But if the ci ty were to authorize a dangerous condition, a court might make an exception. Very truly yours, D~~ 17 ( \} ;J2.A- D · David B. Brearl;~~ City Attorney DBB:JDF:nc cc: Bruce V. Malkenhorst, City Administrator S. Kevin Wilson, Acting Director of Community Services ~ , . ~QJ</'V ~ {rJ City of vefnJ . 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, December 6, 1994 at 5:00 p.m. Applicant: Owens-Brockway Glass Containers, Inc. 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 three non-conforming truck loading spaces. Property involved: 2901 Fruitland Avenue, 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 eise raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, t::qtingo ~ Bruce V. Malkenhorst City Administrator/City Clerk II" . c/ November 22, 1994 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson;~cting Director of Community Services & Water SUBJECT: Variance - Owens-Brockway Glass containers, Inc. @ 2901 Fruitland Avenue Owens-Brockway Glass Containers, Inc. 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 three non-conforming truck loading spaces. It is recommended that you receive the application and that a public hearing for this application be set for December 6, 1994. MR: reg Attachments t 0';( M V CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DAVID B. BREARLEY City AttorIley 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 December 1, 1994 City Council City of Vernon Honorable Members: Owens-Brockway Glass Containers, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2901 Fruitland Avenue, 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 three non-conforming truck loading spaces which are 10 feet wide and 37 feet long. The company is not willing to restrict the length of the vehicles using the loading spaces to avoid extending into the street-right-of-way and they do not intend to recess some, or all, of the docks; therefore, it is hereby recommended that the Variance be denied. This has been reviewed by the Acting Director of Community Services. /LtrulY /~U- BVM/hr Bruce V. Malkenhorst City Clerk * ~. . December 1, 1994 FROM: Bruce V. Malkenhorst, City Administrator ~ Samuel "Kevin" Wilson, Acting Director of community Services & Water TO: SUBJECT: Variance - Owens-Brockway Glass Containers, Inc. @ 2901 Fruitland Avenue Owens-Brockway Glass Containers, Inc. 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 2901 Fruitland Avenue. The building has three non-conforming truck loading spaces which measure 10.0 feet in width, and 37.0 feet in length. It is not willing to restrict the length of the vehicles to avoid extending into the street right-of-way and it does not intend to recess some or all of the docks. Herewith is the following evidence: 1. Application for variance. 2. Affidavits of posting and mailing. 3. Notice of public hearing. 4. Engineers report. It is recommended that the variance be denied. MR: reg Attachments