Resolution No. 6570
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RBSOLUTION NO. 6570
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
PHOENIX DRAPERIES, INTERNATIONAL FROM SECTION
26.4.2-8, DEVELOPMENT STANDARDS, OF THE
COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY
LOCATED AT 4215 DISTRICT BOULEVARD IN THE CITY OF
VERNON
WHEREAS, Phoenix Draperies, International occupies a
parcel of property located at 4215 District Boulevard 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, the Kennepohl Family Trust, the owner of
said property, has authorized Phoenix Draperies, International
to act as its agent in applying for this variance; and
WHEREAS, Phoenix Draperies, International uses the
building for the warehousing of draperies and the physical
condition of the property is unique in that the existing
building measures approximately 4,700 square feet and was
constructed with one non-conforming truck loading space
measuring 10.0 feet in width and 51.6 feet in length; and
WHEREAS, Zoning Ordinance Section 26.4.2-7 (b)
requires one truck loading space for buildings with a gross
floor area under 8,000 square feet in size; and
WHEREAS, Zoning Ordinance Section 26.4.2-8 (c)
specifies that each truck loading space shall be a minimum of
10 feet wide and 65 feet long, and Section 26.4.6-4 (c)
provides that a non-conforming building must comply with these
standards within 5 years of April 18, 1989 unless a variance is
granted; and
1
1 WHEREAS, there is insufficient space on the property
2 and the application of the development standards for the truck
3 loading space requirements will create an unreasonable hardship
4 by requiring the non-conforming space to be 10 feet wide by 65
5 feet long; and
6 WHEREAS, Phoenix Draperies, International has
7 indicated that it has no plans to expand or alter the building
8 configuration and that the existing truck loading space is
9 sufficient for its intended use; and
10 WHEREAS, 4215 District Boulevard is located in the M
11 zone and the operation is consistent with the objectives of the
12 General Plan and Zoning Ordinance; and
13 WHEREAS, the City Council of the City of Vernon held
14 a hearing on said application for a variance on January 17,
15 1995.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
17 THE CITY OF VERNON AS FOLLOWS:
18 SECTION 1: The City Council of the city of Vernon
19 hereby finds and determines that the recitals contained
20 hereinabove are true and correct.
21 SECTION 2: A variance from Section 26.4.2-8 of the
22 Comprehensive Zoning, requiring all truck loading spaces to be
23 10 feet wide by 65 feet long, is hereby granted to Phoenix
24 Draperies, International at 4215 District Boulevard.
25 SECTION 3: The variance shall be granted subject to
26 the following condition: the usage of the non-conforming truck
27 loading space shall be limited so that no truck parked at the
28 loading dock shall extend into the street right-of-way as shown
2
1 on the Master Plan of streets, dated June 16, 1992.
2 SECTION 4: Noncompliance with this condition shall
3 constitute sufficient grounds for the City Council of the City
4 of Vernon to void this variance and require the application of
5 Zoning Ordinance section 26.4.2-8 and the authorized truck
6 loading space requirement.
7 SECTION 5: The City Clerk of the city of Vernon
8 shall certify to the passage of this resolution and thereupon
9 and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 17th day of January, 1995
~~~~ .
,,,," ~NIS c. MAL~G, Mayo-
ATTEST:
~~/~
MALKENHORST, City Clerk
y(
BRUCE V.
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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. 6570, was duly adopted by the City of Vernon at
a regular meeting of the city council duly held on Tuesday,
January 17, 1995 and thereafter was duly signed by the Mayor of
the City of Vernon.
(SEAL)
A--.~~~-
BRUCE V. MALKENHORST, City Clerk
4
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City of verfrn
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, January 17, 1995 at 5:00 p.m.
Applicant:
Phoenix Draperies, International
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 one non-conforming truck
loading space.
Property involved:
4215 District Boulevard, 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. .
/i - ,/4/~
Bruce V. Malkenhorst
City Administrator/city Clerk
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January 4, 1995
FROM:
Bruce V. Malkenhorst, city Administrator
Samuel Kevin wilsonil~ting Director of community
Services & water
TO:
SUBJECT:
variance - Phoenix Draperies, International @ 4215
District Boulevard
Phoenix Draperies, International 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 one non-conforming truck loading space. It is
recommended that you receive the application and that a public
hearing for this application be set for January 17, 1995.
MR: reg
Attachments
CITY COUNCIL
LEON IS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
/;v(f
tt
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
January 12, 1995
City Council
City of Vernon
Honorable Members:
Phoenix Draperies International has submitted an application for a
Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8,
Development Standards, for the building located at 4215 District
Boulevard, 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 one non-conforming truck loading space that is 10
feet wide and 51.6 feet long, and the company is proposing to use only
vehicles of a smaller length at this space. This has been reviewed by
the Acting Director of Community services and it is hereby recommended
that the Variance be granted SUbject to the following Condition:
1. The usage of the non-conforming truck loading
space shall be limited so that any truck parked
at the loading dock does not extend into the
street right-of-way as shown on the Master Plan
of Streets dated June 16, 1992.
2rulY~~
Bruce V. Malkenhorst
City Clerk
BVM/hr
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January 11, 1995
FROM:
Bruce V. Malkenhorst, City Administrator
Samuel "Kevin" Wilson~Actin9 Director of Community
Services & Water
TO:
SUBJECT:
Variance - Phoenix Draperies, International @ 4215
District Boulevard
Phoenix Draperies, International 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 4215 District Boulevard. The building has one
non-conforming truck loading space measuring 10.0 feet in width and
51.6 feet in length. It is proposing to use only vehicles of a
smaller length at the non-conforming truck loading space.
Herewith is the following evidence:
1. Application for variance.
2. Affidavits of posting and mailing.
3. Notice of public hearing.
4. Engineer's report.
It is recommended that the variance be granted subject to
the following condition: the usage of the non-conforming truck
loading space shall be limited so that no truck parked at the
loading dock shall extend into the street right-of-way as shown on
the Master Plan of Streets, dated June 16, 1992.
BW: reg
Attachments
~
ENGINEER'S REPORT
PHOENIX DRAPERIES, INTERNATIONAL
4215 DISTRICT BOULEVARD
VARIANCE APPLICATION
JANUARY 11, 1995
Phoenix Draperies, International has requested a variance
from the Comprehensive Zoning Ordinance Section 26.4.2-8,
Development Standards, for the property located at 4215 District
Boulevard in the City of Vernon. The building that it occupies
was constructed with one non-conforming truck loading space
measuring 10.0 feet in width and 51.6 feet in length. It has
stated that only vehicles of smaller lengths will be used at the
one non-conforming truck loading space. The building is used for
the warehousing of draperies and is approximately 8,000 square
feet in size.
section 26.4.2-7 (b) requires one truck loading space for
buildings with a gross floor area under 8,000 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.
Phoenix Draperies, International has indicated that
requiring the one non-conforming truck loading space to be 65
feet long by 10 feet wide would be a hardship. It has indicated
that it has no plans for. expansion or alteration of the building
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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 condition: the usage of
the non-conforming truck loading space shall be limited so that
no truck parked at the loading dock shall extend into the street
right-of-way as shown on the Master Plan of streets, dated June
16, 1992.
. ~ ~.
'.,' '/
APPLICATION FOR VARIANCE
Page 1 of 4
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Application is hereby made to the City of Vernon, petitioning for a
variance for the following described property:
Leqal descriotion (give exact legal description):
That portion of Lot 1 of Tract 5974 as shown on map thereof recorded in Book 69
at page 67 of Maps in the Office of the County Recorder of said Los Angeles County.
General location (give street address): 4215 District Blvd" Vernon
o i Dra eries International
(print or type name of business)
Mailing address
5455 South Boyle Avenue, Vernon
Telephone
213-589-3272
Record owners (s) of property: Name The Kennepohl Family Trust
Mailing address 47685 Prado Way Indo, CA 92201
619-342-6930
Telephone
Prooertv owner(s) representative: Name
Thomas A. Condon
Mailing address 5801 E. Slauson Ave, COtIlIllerce, CA 90040 Telephone 213-726-1200
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor)
Real Estate Agent
: Written consent of owner(s) must be
attached.
Present use of property:
Proposed use of property: Warehousing
Warehousing
Present. Zoning:
General Industtial
How long has owner held title to this property? ...30 "1 ca..l. <>
Are there any easements controlling the use of this property?Q[9) Yes
described
Expiration date
Are there any private or deed restrictions controlling use of this
property? ~ Yes, describe
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Page 2 of 4
V a ria n c e a p p 1 i e d f o.r (d e s c rib e din de t ail the n a t u r.e and pur p 0 s e 0 f t his
request for which the premises are to be used) .gtt'ach additional sheet.(s)
if necessary~
The property will be used for "dead storage" of fabric. cotton goods. and related
goods. The property is less than 65' set back from the sidewalk to the one loading
door. Phoenix Draperies will not use any vehicles that will protrude over the
back of the sidewalk.
..
NOTICE TO APPLICANT: In :the varianc~ procedure it shall be shown that
the following five (5) conditions exist in reference to the property being
considered. The ap~licant should answer the following statements. If you
have difficulty finding reasonable answers to the statements contained in
this application it may be an indication that your request has insufficient
factors to justify approval. {Attach additional sheet(s) if necessary)
(1) That special conditions and circumstances exist which are peculiar to
the land. structure, or building involved and which are not generally
applicable to other lands, structures, or buildings in the same vicinity
and zone:
The building in question is 4.700f square feet. A variance has been previously
granted for the adjacent unit kn0wu as 4201 District Blvd.
,
(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.
The portion of the building where we are requesting the variance would have to be
d J O~
.indente approximately
feet. This would decrease the rental value of the
overall property. and cause the facility to potentially become obsolete.
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Page 3 of 4
(3) That the special cond.itfons a11d Circumstances do not result from
actions of the applicant:
The loading condition was in existent prior to the tenant taking
occupancy of the property.
(4) That granting th:e variance req'uested -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 city has in the past allowed use of these non-conforming docks so long
as a tenant promises to use trucks or vans that will not protrude over the
back of the sidewalk.
(5) That the granting of such ~ariance will be in harmony and not adversely
affect the Comprehensive General Plan:
No modifications to the building shall be made to make it a more
non-conforming structure,
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 in the
1egal cescription and all existing and proposed improvements attached? No/Yes
Are ths required three (3) area maps attached? NO/~
- ..
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~
Is the required fee enclosed? NO/~
Make check or money order payable to ~ City of Vernon.
I declare un~e~-penalty of perjury that to the best of my knowledge and
b~ 1 i ef ~oregoi n9 i.~ tr,ue,; comp 1 ete. and accu ra te. .
S1 gnel-; ) '/).'I&~-' C1. 'J-. Date I..;. /, L1 ~ /
~rope ty owner(s) or owners respresentative ' ,
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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 4201 DISTRICT BOULEVARD, This information is to be obtained from the
latest available Los Angeles County Tax Assessment Roll.
This list was prepared on November 2, 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
(Applicant)
Signeci~~ .
(person who prepared the list)
Bonnie Perkins
DBA: Radius Maps
7901 La Carta Circle
Buena Park, CA 90620
(714) 739-2723
SUBS~~ AND SWORN TO BEFORE~E
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NOTA~
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i · COMMISSION' 948382 fI
ORANGE COUNTY !i
t My Comm. Exp. Nov. 17. 1995 j
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SSe
CITY OF VERNON )
I, Bill Wilson, Engineering Aide of the City of
Vernon, do hereby certify that I did, on the 5th day of January,
1995 at 11:00 a.m. post three (3) copies of:
NOTICE OF PUBLIC HEARING to be held 1/17/95 (see
attached copy) regarding a variance application for
PHOENIX DRAPERIES, INTERNATIONAL to allow the use of one
non-conforming truck dock at 4215 District Boulevard.
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: (9-95 O~ LJJac'Yl
Bill Wilson, Engineering Aide
State of California
On \
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)
) SSe
Angele:e~ore me, ~jjj~ ~~
personally appeared Bill Wils(l,
Notary Public,
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 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.
fficial seal
0:).. :'-~""GloRaf_'1
:> . Comm. # l026SSS ~
> NOTARY PU8LIC CALfORNA ."
Los ~ CoIRy JJ
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,
AFFIDAVIT OF MAILING
I, Bill Wilson, declare as follows:
1. That I am employed in the Community services Department
in the position of Engineering Aide.
2. That on January 4, 1995 I mailed a copy of: NOTICE OF
SCHEDULING OF A PUBLIC HEARING to be held January 17, 1995 regarding
a variance application for 4215 District Boulevard 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.
w~ VV\ W~
ll/01/94
1 6303019015
Cagar Company
4633 S Downey Rd
Vernon CA 90058
4 6304029804
Union Pac R R Co
7 6304028015
Darlene L Salazar
47685 Padro Way
India CA 92201
lO 6304028034
William J Gifford
4255 District Blvd
Los Angeles CA 90058
13 6303026016
Ok N Kim
3398 Leonis Blvd
Vernon CA 90058
b"'tt",
~....:~~
\~~
Thomas A. Condon
5801 E. Slauson Avenue
I Commerce, California
90040
300' RADIUS OWNERSHIP LrSTING
4201 DISTRICT BOULEVARD
2 6303019802 .
Union Pac R R Co
5 6304028021
Gevork.Termendzyan
4845 Cartwright Ave
North Hollywood CA 91601
8 6304028016
Mustang Terminal rnc
326 E Hallandale Beach
Hallandale FL 33009
11 6304027015
Vernon Properties
Po Box 1929
Studio City CA 91614
.\
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Phoeni5c- Draperies, rnt.
5455 S" Boyle Avenue
Vernon, California 90059
Page
1
3 6303019014
Same as #1
6 6304028032
Cate1lus Development
201 Mission St 3
San Francisco CA 94105
9 6304028800
LA Junction Ry
12 6304027801
Union Pac R R Co
The Kennepohl Family Trus
47685 Prado Way .
. rndio, California 92201
4/"
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 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 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. Matt 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 corporati(
5657 E. Washington Blv(
Los Angeles, CA 90040
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, January 17, 1995 at 5:00 p.m.
Phoenix Draperies, International
Applicant:
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 one non-conforming truck
loading space.
Property involved:
4215 District Boulevard, 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 ~he
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. //
/2'//~/::~ //~//P<7
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, ,
Bruce V. Malkenhorst
City Administrator/City Clerk