Resolution No. 6676
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RESOLUTION NO. 6676
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
BMB INVESTMENTS FROM SECTION 26.4.2-8,
DEVELOPMENT STANDARDS, OF THE
COMPREHENSIVE ZONING ORDINANCE, FOR THE
PROPERTY LOCATED AT 4515-456l 48TH
STREET IN THE CITY OF VERNON
WHEREAS, BMB Investments owns a parcel of property
located at 4515-4561 48th Street in the City of Vernon and has
requested a variance from section 26.4.2-8, Development
Standards, of the Comprehensive Zoning Ordinance; and
WHEREAS, the three buildings are used for warehousing
and the physical condition of the property is unique in that the
existing buildings measure approximately 10,000 square feet each
in size and were constructed with three conforming truck loading
spaces and four non-conforming truck loading spaces; and
WHEREAS, two non-conforming truck loading spaces
measure 15.0 feet in width and 29.5 feet in length and two non-
conforming truck loading spaces measure 13.8 feet in width and
40.0 feet in length; and
WHEREAS, Zoning Ordinance section 26.4.2-7 (b) requires
two truck loading spaces for each building with a gross floor area
between 8,001 and 25,000 square feet in size for a total of six
truck loading spaces; 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 l8, 1989 unless a variance is granted; and
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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 four non-conforming spaces to be 10 feet wide
5 and 65 feet long; and
6 WHEREAS, BMB Investments has indicated that it has no
7 plans to expand or alter the building configuration and that the
8 existing truck loading spaces are sufficient for its intended use;
9 and
10 WHEREAS, 4515-4561 48th Street is located in the M zone
11 and the operation is consistent with the objectives of the General
12 Plan and Zoning Ordinance; and
13 WHEREAS, the City council of the City of Vernon held a
14 hearing on said application for a variance on September 5, 1995.
15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
16 THE CITY OF VERNON AS FOLLOWS:
17 SECTION 1: The City Council of the city of Vernon
18 hereby finds and determines that the recitals contained herein-
19 above are true and correct.
20 SECTION 2: A variance from section 26.4.2-8,
21 Development Standards of the Comprehensive Zoning Ordinance,
22 requiring all truck loading spaces to be 10 feet wide by 65 feet
23 long is hereby granted to BMB Investments at 4515-4561 48th
24 street.
25 SECTION 3: The variance shall be granted SUbject to
26 the following conditions: (a) the usage of the non-conforming
27 truck loading spaces shall be limited so that no truck parked at
28 the loading docks shall extend into the street right-of-way as
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1 shown on the Master Plan of streets, dated June 16, 1992; and (b)
2 all existing and future tenants shall be notified of this
3 restriction and a condition stating this shall be placed in all
4 future leases.
5 SECTION 4: Noncompliance with these conditions shall
6 constitute sufficient grounds for the City Council of the City
7 of Vernon to void this variance and require the application of
8 Zoning Ordinance Section 26.4.2-8 and the authorized truck loading
9 space requirement.
10 SECTION 5: The City Clerk of the City of Vernon shall
11 certify to the passage of this Resolution and thereupon and
12 thereafter the same shall be in full force and effect.
13 APPROVED AND ADOPTED THIS 5TH day of September, 1995
~':'A~
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, ~ LE?NIS C. JQJ.;' URG, May r .
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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. 6676 was duly adopted by the City Council of
the City of Vernon at a regular meeting of the city Council duly
held on Tuesday, September 5, 1995 and thereafter was duly signed
by the Mayor of the City of Vernon.
(SEAL)
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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, September 5, 1995 at 5:00 p.m.
Applicant:
BMB Investments
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 four non-conforming truck loading
spaces.
Property involved: 4515 thru 4561 48th 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, t meeting.
. Malkenhorst
Administrator/City
. ~, ',J
(?/
August 15, 1995
FROM:
Bruce V. Malkenhorst, city Administrator
Samuel Kevin Wilso~cting Director of Community
Services & Water
TO:
SUBJECT:
Variance - BMB Investments @ 4515 thru 4561 48th Street
BMB Investments 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
four non-conforming truck loading spaces. It is recommended that
you receive the application and that a public hearing for this
application be set for September 5, 1995.
BW: reg
Attachments
1irV
CITY COUNCIL W
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
-
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
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:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
City Council
City of Vernon
Honorable Members:
August 23, 1995
BMB Investments has submitted an application for a Variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8, Development
Standards, for the buildings located at 4515-4561 48th 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 buildings have three conforming truck loading spaces and four non-
conforming spaces, two that are 15 feet wide and 29.5 feet long and
two that are 13.8 feet wide and 40 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 the City Attorney, and it is hereby
recommended that the Variance be granted subject to 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.
*
A::y;;:rs,
Bruce V. Malkenhorst
City Clerk
..
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August 22, 1995
.f{
..
FROM:
Bruce V. Malkenhorst, ~ty Administrator
Samuel "Kevin" wilson, Acting Director of Community
Services & Water
...
TO:
SUBJECT: Variance - BMB Investments @ 4515-4561 48th street
BMB Investments has submitted a variance application. It
is requesting a variance from the comprehensive Zoning Ordinance,
section 26.4.2-8, Development Standards, for the buildings located
at 4515-4561 48th Street. The buildings have three conforming
truck loading spaces and four non-conforming truck loading spaces,
two measuring 15.0 feet in width and 29.5 feet in length and two
measuring 13.8 feet in width and 40.0 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. Engineer's report.
It is recommended that the variance be granted subject to
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.
BW: reg
Attachments
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Page 1 of 4
~PPLICATION FOR VARIANCE
Application is hereby made to the City of Vernon, petitioning for a
variance for the following described property:
Legal descript~on (give exact legal description) : BlOck 106, IDt 124,
Official Map of IDs Angeles County as per BK 3, Pg. 28 to 3l of OM lDts 123.
General location (g i ve street address): 4561 E., 48th Street
Vernon, CA 90058
I r .
A~plicants: Name:
Mailing address Telephone
I
Record owners Uti of property: Name BMB ImTes.:arents
Mai 1 ing address P.,O. Box 10235, Beverly Hills, CA 90213
.,
" .' (213) 27l-4727
-Telephone .
Property owner(s}, represe.ntative: Name Craig BryelE-
Mai I ing address P.q. Box 10235, Beverly Hills, CA 90213
Telephone (310) 247-7l71
relationship to owner(s) (engineer, contractor, attorney, purchaser,
1 essor )' Property Manager
attached.
Present use of property: ~arehousing
Proposed use of property: Warehousing
How long has owner held title to this property? 4 y~ars and.3 rronths
Are there any easements controlling the use of this property?~ Yes
Written consent of owner(s) must be
t Z. VEM
Presen onlng:
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
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:
The right to use building with the existing 40' long truck
loading area, in lieu of providing 65 foot loading area
in accordance with new Vemon code requirerrents.
NOTICE TO APPLICANT: In :th~ variance procedure it shall be shown that
the follOWTng 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 additi~nal 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 ot.her lands, structures, or buildings in the same vicinity
and zone:
Variance being requested for new tenant who does not use
trucks longer than 40' in length and the building was constructed
prior to the new loading requirenents.
(2) That literal interpretation of the provisions' of this ordinance would
deprive the applicant of rights commonly enjoy.d by other properties in the
same vicinity and zone in which the property is located, under the terms of
this Chapter.
other occupants of buildings in Vemon who derronstrate they do
not use trucks in violation of the new Code are penni tted to use
their building without canpliance.
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Page 3 of 4
(3) That the special conditions and circumstances do not result from
actions of the applicant:
Tenant's nonnal course of business does not require that
they use large trucks.
(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 trucks shall not block or inhibit traffic flow and 'We
understand this variance is grantable to any tenant / building
user who does not violate the new ordinance.
,
(5) That the granting of such variance will be in harmony and not adversely
affect the Comprepensive General Plan:
Since tenant shall not block sidewalks or streets with their
trucks, they will. not be in violation of the new ordinance and
no adverse effects shall' occur .
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 th
legal description and all existing and proposed improvements attached?'No Ye
Are the required three (3) area maps attached? NO/~
08/22/95 10:17
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'5'213 588 2761
VERNON COMM.SVS
~ 002/002
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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? N 0 /~,
Is the 'required fee enclosed? NoB
Make check or money order payable tO~C1ty of Vernon.
I declare under penalty'of perjury that to the best of my knowledge and
belief the foregoing is true, complete. and accurate.
Signed: L-L ~ _ - Date <6-~2.-qo
(prop-;rt;~rff ('~owners respresentati ve
Craig Bryan, Property Manager
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PROPERTY OWNERS LIST STATEMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The undersigned has dUly prepared the attached "Property Owners List." This list includes
all of the names, and respective adl'esses, of persons being owners of property any part of
which is within 300 feet of the outer boundaries of the property located at 4561 E. 48th
Street . This information is to be obtained from the latest available
Los Angeles County Tax Assessment Roll.
This list was prepared on 7-26-95
, from the Tax Roll maintained at
Anthony Brent Corporation
(name and location of office)
9665 Wilshire Blvd., Suite 220, Beverly Hills, CA 90212
It is understood that the accuracy and
the appl icant.
State of (}1L1,'+l)rn ,. ~
County of it, S IMjf:l / l?.5
} 55
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completeness of thi~st is the
Signed iJ~
(Applicant
Signed ~~
(Pe~on wmo repared
il ity of
list)
Craig Bryan
(Print Name)
9665 Wilshire ,Blvd., Suite 220
(Street Address)
Beverly Hills, CA 90212
(City, State, Zip)
(3l0) 247-7171
(Phone No.)
On this the J.1:!:bday of ,,1 u., 'j 19 ~efore me,
H a.."'/!Jn e. C-/~,' yo
the undersigned Notary Public, personally appeared
... C,a.0 6rytLI1
C personally known to me
fjC proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) I <; subscribed to the
within instrument, and acknowledged that " -l! executed it.
WITNESS Y han nd official seal.
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PIWrERIY OWNERS LIST
4561 E. 48th street, CA 90058
(Appl i cants AddressT
Page
1
of
1
....- Street I City
Key # Book Page Parcel Owner Address S ta te/Z i.p
,,,,
- .. San ~rancisco
1 6304 20 15 Catellus Development 201 Mission street 94105 - CA
Friedland Realty I:Ds Ang~les
2 6304 19 01 Associates 4500 District Blvd. 90058 - CA
,~ Los Angeles
Friedland Realty 4500 Distrie:t. Blvd.
3 6304 19 02 ~~~' 90058 - CA
Associates ~--
Friedland Realty Los Angeles
4 6304 19 03 Associates 4500_- -Dr-strict Blvd. 90058 - CA
/
._-~---- -.- ,-
5 6304 19 23 4600 District Blvd. Los Angeles
Ervin Unvert 90058 CA
-
.. ,-
6 6304 19 25 Quigley 4088 Beck Avenue Studio City
steve 91604 CA
-
Beverly Hills
7 6304 19 10 Madison Brent Venture P.O. Box 10235 90213 - CA
\
-'.-.- ,,- Beverly Hills
8 6304 19 lQ Madison Brent Venture P~x'i0235 90213 - CA
,. Beverly Hills
9 6304 19 24 Madison Brent Venture P ..o..-':Box~10235 90213 - CA
---"
-- San Francisco
-----._~.~----,.~
10 6304 18 18 Catellus Development ~~ssion Street 94105 - CA
-.-.--.--
..._..-....~--,.<- San Francisco
11 6304 18 23 Catellus Development 2 gJ.-J4.is-S'fon-'street 94105 - CA
'"'--- ---~-_.".....~ n_.. ____.__ ._._..-_ _ _.. .. ,.. ~. ~ - -..._-_.__.- ...-
San Francisco
12 6304 18 22 Catel1us Development ~ssion Street 94105 - CA
'..--------.-.--.------. _...-
..
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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 16th day of
August, 1995 at 3:30 a.m. post three (3) copies of:
NOTICE OF PUBLIC HEARING to be held 9/5/95 (see
attached copy) regarding a variance application for
BMB INVESTMENTS to allow the use of four non-conforming
truck docks at 4515-4561 E. 48th 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 an published in the City of Vernon.
Date:6~17~9S ~ '
Bill Wilson, Engineering Aide
State of California )
) SSe ~
Angeles ) tI
On '9.5before me, .I. A) ~ (IJ~
Notary PUblic, personally appeared Bill wilson,
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.
official seal
~-"-J'lto. JIlt... ~J'\...~""""~JIII.....A... ..A.....A...1
~.~. GLORIA 10R05CO 'U
> Comm. , 1026355 ~
> NOTARY PU8UC . CAI.fORtfA :0
(l, Los ........ CculIy
J"; , ~ CcIIlm. Ex,iirw May 26. 1998 ~
"'-"""--- """""~~",,-~~~~~
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 August 16, 1995 I mailed a copy of: NOTICE OF
SCHEDULING OF A PUBLIC HEARING to be held September 5, 1995 regarding
a variance application for 4515-4561 48th 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.
e~lJ~
,
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.
l06S N. Pacificenter
.Drive, suite 200
Anaheim,CA 92806
Connie M. Carrasco,
President
Chern-Tech systems, Inc.
3650 East 26th Street
Vernon, CA 90023
James H. Hilands
Heger RealtyCorporatic
5657 E. Washington Bl vc
Los Angeles, CA 90040
, ..
Catellus Development
,. 201 ~ission Street
San Francisco, CA
94105
Steve Quigley
4088 Beck Avenue
Studio City, CA 91604
Friedman Realty Assoc.
4500 District Blvd
Vernon, California
90058
Ervin Unvert
4600 District Blvd
Vernon, California
90058
Madison Brent Venture
P.O. Box 10235
Beverly Hills, Calif.
90213
rl;
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, September 5, 1995 at 5:00 p.m.
Applicant:
BMB Investments
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 four non-conforming truck loading
spaces.
Property involved: 4515 thru 4561 48th 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, t meeting.
. Malkenhorst
Administrator/City
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ENGINEER'S REPORT
BMB INVESTMENTS
4515-4561 48TH STREET
VARIANCE APPLICATION
AUGUST 23, 1995
BMB Investments has requested a variance from the
Comprehensive Zoning Ordinance section 26.4.2-8, Development
Standards, for the property located at 4515-4561 48th street in
the City of Vernon. The three buildings that it owns were
constructed with three conforming truck loading spaces and four
non-conforming truck loading spaces. At 4515 48th street, the
two non-conforming truck loading spaces measure 15.0 feet in
width and 29.5 feet in length and at 4561 48th street the two
non-conforming truck loading spaces measure 13.8 feet in width
and 40.0 feet in length.
The applicant has stated that only
vehicles of smaller lengths will be used at the non-conforming
truck loading spaces. The three buildings are used for
warehousing and are approximately 10,000 square feet each in
size.
Section 26.4.2-7 (b) requires two truck loading spaces for
each building with a gross floor area 8,001 and 25,000 square
feet in size. Therefore, a total of six truck loading spaces are
required for the property.
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.
The applicant has indicated that requiring the non-
conforming truck loading spaces to be 65 feet long by 10 feet
wide would be a hardship. The applicant 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.
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