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Resolution No. 6904 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.6904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RESOLUTION NO. 6643 WHICH GRANTED A VARIANCE TO U.S. GROWERS COLD STORAGE, INC. FROM SECTION 26.4.2-8, DEVELOPMENT STANDARDS, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 3111-3261 44TH STREET IN THE CITY OF VERNON WHEREAS, U.S. Growers Cold Storage, Inc. occupies parcels of property located at 3111-3261 44th Street in the City of Vernon; and WHEREAS, the City Council by Resolution No. 6643 on June 7, 1994, as amended by Resolution No. 6690 on October 17, 1995, granted a variance to U.S. Growers Cold Storage, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance; and WHEREAS, the conditions of said variance as amended provide that: (a) U.S. Growers Cold Storage Inc. shall demolish all buildings with non-conforming truck loading spaces located between 3111 and 3261 44th Street or be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by November 1, 1996; (b) U.S. Growers Cold Storage, Inc. shall comply with the schedule as shown on Exhibit "B" for the buildings located at 3111-3261 44u Street; (c) the $50,000 Certificate of Deposit previously delivered to the City of Vernon shall be returned to U.S. Growers Cold Storage Inc., including the interest earned, upon compliance with condition (a) or if compliance with conditions 1 (a) or (b) has not been attained, then the Certificate of 2 Deposit shall be retained by the City of Vernon for the purpose 3 of constructing curb, gutter, and sidewalk including a suitable 4 barrier to eliminate the usage of all non-conforming docks; 5 (d) the usage of the non-conforming truck loading 6 spaces shall be limited to trucks of smaller lengths so that no 7 trucks parked at the loading docks shall extend into the street 8 right-of-way as shown on the Master Plan of Streets, dated June 9 16, 1992; 10 (e) during the period between adoption of this 11 Resolution and U.S. Growers Cold Storage, Inc. 's performance of 12 condition (a), U.s. Growers Cold Storage, Inc. agrees to 13 indemnify and hold the City of Vernon harmless against damages 14 resulting from trucks utilizing U.S. Growers Cold Storage, 15 Inc. 's facility extending onto the sidewalk or street; 16 (f) the adoption of this Resolution shall not be 17 construed as a waiver by the City of Vernon with respect to the 18 enforcement of the provisions of California Vehicle Code 22500 19 et seq.; and 20 (g) all existing and future tenants shall be notified 21 of these restrictions and a condition stating the same shall be 22 placed in all future leases. 23 WHEREAS, U.S. Growers Cold Storage, Inc., has 24 demolished two buildings and has eliminated twenty non- 25 conforming truck loading spaces on the westerly two parcels of 26 Exhibit "A" from Resolution No. 6443, a copy of which is 27 attached hereto and made a part hereof by reference; and 28 WHEREAS, the schedule for construction contained in 2 1 Exhibit "B" to Resolution No. 6690 has been substantially 2 completed and one new building has been constructed on said 3 westerly two parcels; and 4 WHEREAS, by April I, 1997, U.S. Growers Cold 5 Storage, Inc. is scheduled to begin demolishing the buildings 6 on the three parcels of Exhibit "A" next adjoining the above, 7 including eliminating ten more non-conforming truck loading 8 spaces; and 9 WHEREAS, U.S. Growers Cold Storage, Inc. has 10 indicated that it will not be able to complete the demolition 11 of the buildings until July I, 1998, and that it will build new 12 facilities encompassing all six parcels north of 44th Street 13 between Boyle and Alcoa Avenues. It has therefore requested a 14 time extension for the conditions of the variance; and 15 WHEREAS, Vehicle Code Section 22500 prohibits vehicle 16 from stopping, standing, or parking on a sidewalk, and the City 17 of Vernon cannot permit trucks to extend from private property 18 into the street right-of-way which includes the sidewalk area; 19 and 20 WHEREAS, 3111-3261 44th Street is located in the M 21 zone and the operation is consistent with the objectives of the 22 General Plan and Zoning Ordinance; and 23 WHEREAS, the City Council of the City of Vernon held 24 a hearing on said application for a variance on January 7, 25 1997. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 27 THE CITY OF VERNON AS FOLLOWS: 28 SECTION 1: The City Council of the City of Vernon 3 1 hereby finds and determines that the recitals contained 2 hereinabove are true and correct. 3 SECTION 2: The conditions of the variance granted to 4 u.s. Growers Cold Storage, Inc. pursuant to Resolution No. 6643 5 on June 7, 1994 and as amended by Resolution No. 6690 on 6 October 17, 1995, are hereby amended to read as follows: 7 (a) u.s. Growers Cold Storage, Inc. shall demolish 8 the buildings on the three parcels east of the two westerly 9 parcels of Exhibit "A" and eliminate the non-conforming truck 10 loading spaces thereon or shall otherwise be in compliance with 11 Section 26.4.2-8, Development Standards of the Comprehensive 12 Zoning Ordinance by July 1, 1997; 13 (b) U.S. Growers Cold Storage, Inc. shall demolish 14 the buildings on the most easterly parcel of Exhibit "A" and 15 eliminate the non-conforming truck loading spaces thereon or 16 shall otherwise be in compliance with Section 26.4.2-8, 17 Development Standards of the comprehensive Zoning Ordinance, by 18 July 1, 1998; 19 (c) the $50,000 Certificate of Deposit previously 20 delivered to the City of Vernon shall be returned to U.S. 21 Growers Cold Storage, Inc., including the interest earned, upon 22 compliance with conditions (a) and (b) or if compliance with 23 conditions (a) and (b) have not been attained, then the 24 Certificate of Deposit shall be retained by the City of Vernon 25 for the purpose of constructing curb, gutter, and sidewalk 26 including a suitable barrier to eliminate the usage of all non- 27 conforming docks; 28 (d) the usage of the non-conforming truck loading 4 1 spaces shall be limited to trucks of smaller lengths po that no 2 trucks parked at the loading docks shall extend into the street 3 right-of-way as shown on the Master Plan of Streets, dated June 4 16, 1992; 5 (e) during the period between adoption of this 6 Resolution and U.S. Growers Cold Storage, Inc. 's performance of 7 conditions (a) and (b), U.S. Growers Cold Storage, Inc. agrees 8 to indemnify and hold the City of Vernon harmless against 9 damages resulting from trucks utilizing U.S. Growers Cold 10 Storage, Inc. 's facility extending onto the sidewalk or street; 11 (f) the adoption of this Resolution shall not be 12 construed as a waiver by the City of Vernon with respect to the 13 enforcement of the provisions of California Vehicle Code 22500 14 et seq.; and 15 (g) all existing and future tenants shall be notified 16 of these restrictions and a condition stating the same shall be 17 placed in all future leases. 18 SECTION 3: Noncompliance with these conditions shall 19 constitute sufficient grounds for the City Council of the City 20 of Vernon to void this variance and require the application of 21 Zoning Ordinance Section 26.4.2-8 and the authorized truck 22 loading space requirement. 23 24 25 26 III 27 III 28 III 5 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 SECTION 4: 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 January, 1997 /. ATTEST: d---- BRUCE V. MALKENHORST, City III III III 6 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. 6904, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, January 7, 1997 and thereafter was duly signed by the Mayor of the City of Vernon. 4-.~~A- BRUCE V. MALKENHORST, City Clerk (SEAL) 7 . i;J ~ l (r-. ~ .~.. ..\ '1 i J urvr}O if' 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 7, 1997 at 5:00 p.m. Applicant: U.S. Growers Cold Storage, 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: Amend a variance to allow the tenant to utilize thirty-six non-conforming truck loading spaces. Property involved: 3111-3261 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. B~:dJl LfrJa~~ . City Administrator/City Clerk ~ ~.. December 23, 1996 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson, Director of Community Services & Water >JCJJ SUBJECT: Variance - U.S. Growers Cold Storage, Inc. @ 3111-3261 44th Street U.S. Growers Cold Storage, Inc. has requested that their existing variance be amended. They were previously granted a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, with the condition that all buildings be demolished by November I, 1996. They are proposing to extend this deadline to April I, 1998. It is recommended that you receive the application and that a public hearing for this application be set for January 7, 1997. MFR: reg Attachments THOMAS A. YBARRA Mayor Pro-Tern Wm. "BILL" DAVIS Councilman +v J~tV CITY COUNCIL LEONlS C. MALBURG Mayor BRUCE V. MALKENHORST City Administrator/City Oerk FAX: (213) 581-7924 CITY HALL DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Direqor of Community Services & Water FAX: (213) 588-2761 KENNETH}. DeDARIO Direqor of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 WUlS ROSENKRANTZ Police Chief FAX: (213) 581-1178 H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 January 2, 1997 City Council City of Vernon Honorable Members: U.S. Growers Cold Storage, Inc. has requested that their existing Variance be amended, and transmitted herewith are the following documents as evidence: 1. Correspondence with u.S. Growers Cold Storage, Inc. ; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The company was previously granted a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, with the Condition that all buildings be demolished by March 1, 1996. The Variance was then amended to require the demolition by November 1, 1996, and now they are requesting an extension of this deadline until July l, 1998. It is hereby recommended that the Conditions placed on the Variance granted to u.S. Growers Cold Storage pursuant to Resolution No. 6904 be amended to read as follows: a. u.S. Growers Cold Storage, Inc. shall demolish the buildings on the two and one-half parcels east of the two westerly parcels of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by July 1, 1997. * City Council Re: U.s. Growers -2- January 2, 1997 b. U.S. Growers Cold Storage, Inc. shall demolish the buildings on the easterly one and one-half parcels of Exhibit "A" and eliminate the non- conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by July I, 1998. c. The $50,000 Certificate of Deposit previously delivered to the City of Vernon shall be returned to U.S. Growers Cold Storage, Inc. including the interest earned, upon compliance with Conditions (a) and (b) or if compliance with Conditions (a) and (b) has not been attained, then the Certificate of Deposit shall be retained by the City of Vernon for the purpose of constructing curb, gutter, and sidewalk, including a suitable barrier to eliminate the usage of all non- conforming docks. d. The usage of the non-conforming truck loading spaces shall be limited to trucks of smaller lengths so that any trucks 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. e. During the period between adoption of this Resolution and U.S. Growers Cold Storage, Inc.'s performance of Conditions (a) and (b), U. S. Growers Cold Storage, Inc. agrees to indemnify and hold the City of Vernon harmless against damages resulting from trucks utilizing U. S. Growers Cold Storage, Inc.'s facility extending onto the sidewalk or street. f. 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 22500 et seq. g. All existing and future tenants shall be notified of these restrictions and a Condition stating the same shall be placed in all future leases. zy/~ Bruce V. Malkenhorst City Clerk ,. .. January 2, 1997 TO: Bruce V. Malkenhorst, City Administrator FROM: 5~~uel "Kevin" Wilson, Director of Community Services & Water SUBJECT: Variance - u.S. Growers Cold Storage, Inc. @ 3111-3261 44th Street U. S. Growers Cold Storage, Inc. has requested that their existing variance be amended. They were previously granted a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, with the condition that all buildings be demolished by March I, 1996. Their variance was then amended to require the demolition by November I, 1996. U.S. Growers is now requesting an extension of this deadline until July I, 1998. Herewith is the following evidence: 1. Correspondence with u.S. Growers Cold Storage, Inc. 2. Affidavits of posting and mailing. 3. Notice of public hearing. 4. Engineers report. It is recommended that the conditions of the variance granted to u.S. Growers Cold Storage, Inc. pursuant to Resolution No~ 6643 on June 7, 1994 and amended by Resolution No. 6690 on October 17, 1995, be amended to read as follows: (a) u.S. Growers Cold Storage, Inc. shall demolish the buildings on the three parcels east of the two westerly parcels of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by July I, 1997; (b) u.S. Growers Cold Storage, Inc. shall demolish the buildings on the most easterly parcel of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the comprehensive Zoning Ordinance, by July.l, 1998; (c) the $50,000 Certificate of Deposit previously delivered to the City of Vernon shall be returned to U.S. Growers Cold Storage, Inc., including the interest earned, upon compliance with conditions (a) and (b) or if compliance with conditions (a) and (b) has not been attained, then the Certificate of Deposit shall be retained by the City of Vernon for the purpose of constructing curb, gutter, and sidewalk including a suitable barrier to eliminate the usage of all non-conforming docks; '"~ Page Two U.S. Growers Cold Storage, Inc. January 2, 1997 (d) the usage of the non-conforming truck loading spaces shall be limited to trucks of smaller lengths so that no trucks 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; (e) during the period between adoption of this Resolution and U.S. Growers Cold Storage, Inc. 's performance of conditions (a) and (b), U.S. Growers Cold Storage, Inc. agrees to indemnify and hold the City of Vernon harmless against damages resulting from trucks utilizing U.S. Growers Cold Storage, Inc. 's facility extending onto the sidewalk or street; (f) 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 22500 et seg.; and (g) all existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. MFR: reg Attachments u. S. GRO~ERS COLD STORAGE INCORPORATED 3231 EAST 44TH STREET LOS ANGELES, CALIFORNIA 90058 TELEPHONE (213) 583-3163 FAX (213) 583-2542 BONDED REFRIGERATED WAREHOUSING QUICK FREEZING. PROCESSING FACILITIES LOCAL DISTRIBUTION November 25, 1996 Kevin Wilson, P.E. Director of Community Services City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 Re: Continued use of Area One facilities. Dear Kevin, In making our plans for the future we realized that we are, once again, in need of your help. Let me explain our situation: As you know, our master plan calls for three phases of construction resulting in new facilities between Boyle and Alcoa on 44th St.. When "Phase Two" of construction is complete (approximately January of 1998) we will have both cooler and freezer space available on this block. Were we forced to demolish all of the existing buildings, prior to the completion of Phase Two, we would have no cooler space available on this block. U.S. Growers holds relatively little cooler space in the Vernon area. Every year we provide a considerable amount of cooler space for the onion growers of California. Currently, we lease a facility in Fullerton Ca to handle the overflow of cooler business from our Vernon warehouses. The majority of this business is onions. The Fullerton facility is up for sale. When this facility is sold we will have even less cooler space available. The plan, which we are submitting for your approval, is to save a section of our Area One facility until Phase Two of construction is complete. The gross building foot-print that we would like to retain is approximately 42,566 square feet (high lighted area of aerial view). This section of our facility will not be in compliance with the City of Vernon truck parking ordinance. However, the number of trucks that we service at this facility will be far less than what it is now. Also, Leonard's meat which is a major contributor to the congestion, will be gone with the Phase Two demolition. We are willing to leave our $50,000. compliance bond in the possession of the city until we conform with all parking requirements. @1J(I/t /!7~ ~ ~ [g"eetof ~ [g"~ ., U. S. GR.OWER.S COLD STORAGE IHCO"~O"ATI:O If this plan meets with your approval, please instruct me as to how we should proceed in order to extend our variance. Thank you again for your assistance in the past. We look forward to hearing a favorable response from you. .." "~.~.~:rr , X' /ojG:;.i ~; ().' ~\". . (./ ./ I .'.~ i ' .".' " . t::_.-.1J. ! ""'. . ./ .; ../' . Peter J. eorselli Engineering Manager U.S. Growers Cold Storage Inc. - --. 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 December, 1996 at 4:15 p.m., post three (3) copies of: NOTICE OF PUBLIC HEARING to be held 1/7/97 (see attached copy) regarding a variance application for U.S. Growers Cold Storage, Inc. to amend a variance to allow the use of thirty- six non-conforming truck loading spaces at 3111-3261 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. Date: l2.wW-9lrJ ~ 7V.:VY)CPJO/~ Mary F Engineering Associate State of California ss. County of Los Angeles On(A.<:.lU:~ 30 \qq\.:, before me, I ~~ L.. b\Lcl.<...W~~ 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 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 ~~-f:~ j~ ~ ~ ~ ~~~L~~1H~ ~f i :.. COMM.#1061OM z !:-. Notary P\mIc - CaIfam/a ~ I . LOS ANGELES COUNlV .... ... ~ ~ ,~_::::~:es JUN 9.1999 1 ..,. ....,..- --- ........ '. 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 December 26, 1996 I mailed a copy of: NOTICE OF SCHEDULING OF A PUBLIC HEARING to be held January 7, 1997 regarding a variance application for 3111-3261 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. .. Dolores Petullo Chamber of Commerce 3801 Santa Fe Avenue Vernon, Ca 90058 Robert J. Niccum L.A. Unified School District 1425 S. San Pedro Street, Rm. 101 Los,Angeles, Ca 90015 Joseph R. Garruba California Portland Cement Co. 2025 E. Financial Way Glendora, Ca 91740 John Kinas United States Aluminum 3663 Bandini Blvd. Vernon, Ca 90023 Ron Matik 33292 Pleasant Oak Drive Springville, Ca 93265 Ellep. Orlando Karen Lehrer 2300 E. 11 th Street Los Angeles, Ca 90021 Brent P. Chappell Catellus Development Corp. 1065 N. Pacificenter Dr., Ste. 200 Anaheim, Ca 92806 Gloria Molina Board of Supervisors 500W. Temple Street, Ste. 856 Los Angeles, Ca 90012 Dave Karrker California Water Service 5243 E. Shelia Street Commerce, Ca 90022 J.J. Little J.J. Little Company, Inc. 3700 Santa Fe Avenue Vernon, Ca 90058 L.R. Luppen Metal Products Engineering 3050 Leonis Blvd. Vernon, Ca 90058 David Nazaryk Catellus Development Corp. 1065 N. Pacificenter Drive, Ste.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 Washington Blvd. Los Angeles, Ca 90040 Mothers of East L.A. Mother Ms. Gutierrez 924 S. Mott Street Los Angeles, Ca 90023 Nathan Smooke P.O. Box 1311 Los Angeles, Ca 90053 Sidney R. Title Market Properties, Inc. 5245 Pacific Concourse, Ste. 190 Los Angeles, Ca 90045 H.P. Long Sweetner 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 Mur""J.el Lilien l2"l7 S. Beverly Glen Blvd Los Angeles, California 90024 Eas tcase Company 3231 44th Street Vernon, California 90038 Frederick D Stein 3461 Vernon Ave Vernon, California 90058 Sam Perricone Inves bnen ts 3231 44th Street Vernon, California 90058 Kal Kan Foods Inc 3386 44th Street Vernon, California 90058 Charrpion Warehouse 1 Champion Plaza Stanrrord, CT 06921 Great Western Packing Co. 2851 44th Street Vernon, California 90058 Union Pacific R Reo. 5500 Ferguson Drive Los Angeles, California 90027 Sun law Cogeneration P.o. Box 58324 Vernon, California 90058 David. Mindel & Sons 11999 San Vicente 300 Los Angeles, CalifOInia 9004Q Nvart Arzouman 2110 Firewood Ct. San Bernardino, California 92404 Catellus Cevelopnent 201 Mission Street San Francisco, California 94105 L.A. Junction Ry Co. 4433 Exchange Avenue \ernon, California 90058 Pacifc Cold Storage Inc 3420 Vernon Avenue Vernon, California 90058 US Growers Cold Storage 3201 44th Street Vernon, California 90058 Salter Investment 3021 McConnell Drive Los Angeles, California 90064 Kal Kan. Foods Inc 3376 44th Street Vernon, California 90058 Peter J. Corselli U. S. Growers Cold Storage 3231 44th Street Vernon, California 90058 ENGINEER'S REPORT 5~~~ U.S.GROWERS COLD STORAGE, INC. 3111-3261 44TH STREET VARIANCE APPLICATION January 2, 1997 U.S. Growers Cold Storage, Inc. has requested an amendment to its variance from the Comprehensive Zoning Ordinance Section 26.4.2-8, Development Standards, for the properties located at 3111-3261 44th Street in the City of Vernon. Originally, the buildings totaled approximately 210,000 square feet and were used for cold storage. The buildings were constructed with 36 non- conforming truck loading spaces and five conforming truck loading spaces. Since the first variance was granted, two buildings located on the westerly two parcels of Exhibit "A" totaling 81,000 square feet have been demolished and one new building has been substantially completed. This demolition eliminated 20 of the non-conforming truck loading spaces. A second phase of demolition for the next adjacent three parcels is scheduled to begin by April 1, 1997 and would eliminate 10 more non-conforming truck loading spaces. The building on the most easterly parcel and 6 non-conforming truck loading spaces will remain, but this last portion of the buildings will be demolished by July 1, 1998. When all three phases of construction are completed, U.S. Growers Cold Storage, Inc. wili have redeveloped all six parcels north of 44th Street between Boyle and Alcoa Avenues. U.S. Growers Cold Storage, Inc. has indicated that requiring all of the non-conforming truck loading spaces to be eliminated or be 65 feet long by 10 feet wide by November 1, 1996 would have been a hardship because of the extent of their proposed construction and the time line that is involved. The delay in the demolition of all of the buildings is caused by the need for additional cooler space in the Vernon area. Once the second phase of the demolition has begun, the number of trucks that utilize the facility will be greatly reduced. Their operation is in conformance with the Zoning Ordinance and the General Plan. It is recommended that the conditions of the variance granted to U.S. Growers Cold Storage, Inc. pursuant to Resolution No. 6643 on June 7, 1994 and as amended by Resolution No. 6690 on October 17, 1995, be amended to read as follows: (a) U.S. Growers Cold Storage, Inc. shall demolish the buildings on the three parcels east of the two westerly parcels of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by July 1, 1997; (b) U.S. Growers Cold Storage, Inc. shall demolish the buildings on the most easterly parcel of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the comprehensive Zoning Ordinance, by July 1, 1998. (c) the $50,000 Certificate of Deposit previously delivered to the City of Vernon shall be returned to U.S. Growers Cold Storage, Inc., including the interest earned, upon compliance with conditions (a) and (b) or if compliance with conditions (a) and (b) has not been attained, then the Certificate of Deposit shall be retained by the City of Vernon for the purpose of constructing curb, gutter, and sidewalk including a suitable barrier to eliminate the usage of all non- conforming docks; (d) the usage of the non-conforming truck loading spaces shall be limited to trucks of smaller'lengths so that no trucks 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; (e) during the period between adoption of this Resolution and U.S. Growers Cold Storage, Inc. 's performance of conditions (a) and (b), U.S. Growers Cold Storage, Inc. agrees to indemnify and hold the City of Vernon harmless against damages resulting from trucks utilizing U.S. Growers Cold Storage, Inc. 's facility extending onto the sidewalk or street; (f) 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 22500 et seg.; and (g) all existing and future tenants shall be notified of these restrictions and a condition stating the same shall be placed in all future leases. ~ I . ~~ ~~. 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"')""~- 1-::-'<0 I'-. 16~-., ~~., lr) 3/7N3/iV 37,1.08 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 7, 1997 at 5:00 p.m. Applicant: U.S. Growers Cold Storage, 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: Amend a variance to allow the tenant to utilize thirty-six non-conforming truck loading spaces. Property involved: 311l-3261 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, t~eeting. B~e V.~dh072. 0)rt~h) " City Administrator/City Clerk ~ * ~ ~ RESOLUTION NO.6904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RESOLUTION NO. 6690 WHICH GRANTED A VARIANCE TO U.S. GROWERS COLD STORAGE, INC. FROM SECTION 26.4.2-8, DEVELOPMENT STANDARDS, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 3111-3261 44TH STREET IN THE CITY OF VERNON WHEREAS, U.S. Growers Cold Storage, Inc. occupies parcels of property located at 3111-3261 44th Street in the City of Vernon; and WHEREAS, the City Council by Resolution No. 6643 on June 7, 1994, as amended by Resolution No. 6690 on October 17, 1995, granted a variance to U.S. Growers Cold Storage, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance; and WHEREAS, the conditions of said variance provided that: (a) U.S. Growers Cold Storage Inc. shall demolish all buildings with non-conforming truck loading spaces located between 3111 and 3261 44th Street or be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by November 1, 1996; (b) U.S. Growers Cold Storage, Inc. shall comply with the schedule as shown on Exhibit "B" for the buildings located at 3111-3261 44~ Street; (c) the $50,000 Certificate of Deposit previously delivered to the City of Vernon shall be returned to U.S. Growers Cold Storage Inc., including the interest earned, upon compliance with condition (a) or if compliance with conditions