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Resolution No. 7026 1 2 "J 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 RESOLUT~ON NO.7026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO FELICIANO DIAZ DBAF.D. CUTTING SERVICE FROM SECTION 26.4.2-8, DEVELOPMENT STANDARDS,OF THE COMPREHENSIVE ZONING ORDINANCE, TO THE PROPERTY LOCATED AT 4.520 EVERETT AVENUE IN THE CITY OF VERNON WHEREAS, the Rhoda Goodman Trust owns the property located at 4520 Everett Avenue in the City of Vernon and has authorized Feliciano Diaz dba F. D. Cutting Service to act as its agent in requesting a variance from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance; and WHEREAS, the property is unique in that the existing building measures approximately 43,000 square feet and has twelve non-conforming truck loading spaces measuring 10.0 feet in width and 49.6 in length; and WHEREAS, Zoning Ordinance Section 26.4.2-7 (b) requires three truck loading spaces for buildings with a gross floor area between 25,001 and 50,000 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 WHEREAS, there is insufficient space on the property and the application of the development standards for the truck loading space requirements will create an unreasonable hardship by requiring the non-conforming spaces to be 10 feet wide and 65 feet long; and 1 WHEREAS, the owner of the property has indicated 2 that it has no plans to expand or alter the building 3 configuration and that the existing truck loading spaces are 4 sufficient for the intended use; and 5 WHEREAS, 4520 Everett Avenue is located in the M 6 zone and the operation is consistent with the objectives of the 7 General Plan and Zoning Ordinance; and 8 WHEREAS, strict application of the loading area 9 requirements of Section 26..4 of the Vernon City Code would create 10 an unreasonable hardship, the existing use does not and will not 11 adversely affect the surrounding area, and the use does not 12 require the loading area specified by Section 26.4; and 13 WHEREAS, ,the City Council has received an Engineer's 14 Report dated September 17, 1997, upon which it has relied in 15 making the foregoing recitals; and 16 WHEREAS, the City Council of the City of Vernon held a 17 hearing on said application for a variance on October 7, 1997. 18 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 19 THE CITY OF VERNON AS FOLLOWS: 20 SECTION 1: The City Council of the City of Vernon 21 hereby finds and determines that the recitals contained herein- 22 above are true and correct. 23 SECTION 2: A variance from Section 26.4.2-8 of the 24 Comprehensive Zoning Ordinance, requiring all truck loading spaces 25 to be 10 feet wide by 65 feet long, is hereby granted for the 26 parcel of property at 4520 Everett Avenue. 27 SECTION 3: The variance granted is subject to the 28 2 ~' 1 following conditions: 2 (a) The usage of the twelve non-conforming truck loading 3 spaces shall be limited So that no truck parked at or using the 4 loading docks shalI'extend into the existing street right-of-way 5 as shown on the Master Plan of Streets, dated June 16, 1992. 6 (b) All existing and future tenants shall be notified 7 of this restriction and a condition stating this shall be placed 8 in all future leases. 9 SECTION 4: Noncompliance with these conditions shall 10 constitute sufficient grounds for the City Council of the City 11 of Vernon to void this variance and require the application of 12 Zoning Ordinance Section 26.4.2-8 and the authorized truck loading 13 space requirement. 14 SECTION 5: The City Clerk of the City of Vernon shall 15 certify to the passage of this Resolution and thereupon and 16 thereafter the same shall be in full force and effect. 17 APPROVED AND ADOPTED this 7th day of October, 1997 18 19 20 21 22 23 24 25 26 27 28 ~. ) C. _~~?~~ .-?' ~ / . BONIS C. MALB~ ~r /~~ ATT~ 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 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.7026 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 7, 1997 and thereafter was duly signed by the Mayor of the City of Vernon. ss ~ City Clerk (SEAL) 4 THOMAS A. YBARRA Mayor Pro-Tern (Y' ~frut V ~)l~ '1' r1 0 ;J? DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 CITY COUNCIL LEONIS C. MALBURG Mayor BRUCE V. MALKENHORST City Administrator/City Oerk FAX: (213) 581-7924 CITY HALL KEVIN WILSON 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 Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213)583-8811 City Council City of Vernon September 30, 1997 Honorable Members: Feliciano Diaz dba F.D. Cutting Service has submitted a variance application requesting a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8 Development Standards, for the building located at 4520 Everett Avenue. The building has twelve non- conforming truck loading spaces measuring 10.0 feet in width and 49.6 in length. He 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 twelve non-conforming truck loading spaces shall be limited so that any truck parked at or using the loading docks shall not extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. * BVM/mm (b) All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. Very truly YOul;;;!", ./../ ./? AY /J1/~G/?/O Bruce V. Malkenhorst City Clerk ~ (]/ September 29, 1997 FROM: Bruce V. Malkenhorst, City Administrator Samuel "Kevin" WilSbl1nctiIlg Director of Community Services & Water TO: SUBJECT: Variance - Feliciano Diaz dba F.D. Cutting Service @ 4520 Everett Avenue Feliciano Diaz dba F .D. Cutting Service has submitted a variance application. He is requesting a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8, Development Standards, for the building located at 4520 Everett Avenue. The building has twelve non-conforming truck loading spaces measuring 10.0 feet in width and 49.6 in length. He 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 be granted subject to the following conditions: (a) The usage of the twelve non-conforming truck loading spaces shall be limited so that no truck parked at or using the loading docks shall extend into the existing 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. MFR: reg Attachments ~ . . Page 1 of 4 APPLICATION FOR VARIANCE : : .~ ., . ; r. ~ , " ..M.-.".... Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Leqal description (give exact legal description): Los Angeles County Tax Assessor's Parcel Number 6304-022-041; official map of L.A. County as per Book 3, Page 28 to 31 of O.M.L., Tract 5324 Block 1 General location <give street address): 4520 Everett Avenue, Vernon, California Southeast corner of Everett Avenue an~ Exchange Avenue Name of Applicant (s): Feliciano Diaz dba F.D. Cutting Service (print or type name of business) Mailing address 4520 Everett Avenue, Vernon (213) Phone No. 846-1287 Record Owner (s) of property: Name Rhoda Goodman, Trustee of the Rhoda Goodman Trust 4606 White Oak Avenue . Mai ling addres sEncino , California 91316 . Phone No. Property Owner(s) representative: Name Anthony Brent Corporation Mailing address 9665 Wilshire Boulevard (310) Phone No. 247-7171 relationship to owner(s} (engineer, contractor, attorney, purchaser, lessor) Property Manager Written consent of owner(s)' must be attached. Vacant Present use of property: (formerly cutting service) Present Zoning: VEM Proposed use of property: Cutting Service How long has owner held title to this property? Since 9/21/91 Are there any easements controlling the use of this property?~ Yes described Expiration date Are there any private or deed restrictions controlling use of this property? ~ Yes, describe 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: .. Variance is for use of truck doors on western side of premises, facing Everett Avenue; variance was dictated per City of Vernon occupancy inspections, July 9, 1997. Distance from property line to truck doors is not in conformance with applicable Vernon Zoning Ordinance. NOTICE TO APPLICANT: In the variance procedure it shall be shown that the following five (S) conditions exist in reference to the property being considered. The applicant should answer the following statements. If you have difficulty finding reasonable answers to the statements contained in this application it may be an indication that your request has insufficient factors to justify approval. (Attach additional sheet(s) if necessary. (l) 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 distance from property line to loading doors of 4520 Everett Av~ is approximately 48'. Everett Avenue, between Exchange Avenue and District Blvd., contains only 2 facility (other than 4520 Everett Ave). Consequently truck loading of 4520 Everett will not create traffic disruptions on Everett Avenue due to adequate truck'area and a lack of neighboring buildings and traffic. (2) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other propertied in the same vicinity and zone in which the property is located, under the terms of this Chapter. The facility is being leased to F.D. Cutting; neither the Tenant nor Owner is equipped to engage in physical changes to the property to conform with City Ordinance. The :t48' between property line and truck doors will adequately accommodate trucks without disrupting Everett Ave. traffic. Page 3 of 4 (3) That the special conditions and circumstances do not result from. actions of the applicant: The facility was constructed in 1961; the design of the facility did not allow or anticipate changes to truck loading that occurred in succeeding years or in the 1989 revised zoning code. (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: Loading for the immediately adjacent properties of 4423 District Boulevard and 4519 Everett Avenue also feature challenging truck loading. Granting of this variance will give 4520 Everett Avenue the same priveleges the$e neighboring properties enjoy. (S) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: The granting of the variance will not negatively impact traffic conditions. Conversely, granting of the variance will allow occupancy of a manufacturing business, consistent with most recent former occupancy, which will be a primary , user of city provided electricity. 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 the legal description and all existing attached? No~ Are the required three (3) area maps attached? NO~ showing the area covered in and proposed improvements Page 4 of 4 Is there a certified list attached of names and mailing addresses of all property owners within 300' of~e exterior boundaries of the property in this application? No/~ Is the required fee enclosed? NO/~ Make check or money order payable to the City of Vernon. I declare under penalty of perjury that to the best of my knowledge and belief the foregoing is true, complete, and accurate. PROPERTY OWNERS LIST STATEMENT ********************************************************************* The undersigned has duly prepared the at'tached "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 in subject zoning case. This information is to be obtained from the latest available Los Angles County Tax Assessment Roll. This list was prepared on ~L,/ \.5" I lCf'-t!J- from the Tax Roll maintained at <:::B ~~tV\€."C\A.L ~L t:s..---r-ATC G~~I'~' (name and location of office) ( Q..,,...., ~ <:'S> W\ ~"'",,-c 1= '\ ~~O ~. ~=...l t>.~~ AZq:') , c......._ ,l \. --} , 9oofO It is understood that the accuracy and completeness of this list is the responsibility o~ the apPlicant~. . I Slgned: \\........~~_ l1~ !person who prepa~ed list} f1'\ .-. On this \iO day of '-Ju~ ' undersigned a Notary Public in and for personally appeared (fUST\~ ~""~ known to mel or proven to me to be the person that instrument. 1~71 before me the said County and State, executed the within WITNESS my hand and official seal. .~~ Notary Public in and for said County and State My commission expires: tC(~ IS I lCftfq r. ~ -OAELE" NATeW:. ;sI i ~flma ~ · NOTARVPlIIJO.CAI.FOfl ; .ill LOSANGaESOOUNTY N L . My Comm. Exp. Oct 15. ,. I ----------' Signedl~'""Z-. --.--, (Applicant) AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF VERNON I, Bill Wilson, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 17th day of September 1997 at 3:30 p.m. post three (3) copies of: NOTICE OF PUBLIC HEARING to be held 10/7/97 (see attached copy) regarding a variance application for FELICIANO DIAZ DBA F.D. CUTTING SERVICE to allow the use of twelve non-conforming truck docks at 4520 Everett 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 an? published in the City of Vernon. Date: 9-29-97 '5JX) LJ~Y\ Bill Wilson, Engineering Aide State of California ss. County of Los Angeles On S~ ~ \.0...0.., before me, s"-O-~ov- ,-, ~~d-- 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. ~~,-e CL~ I.L .L~ ~ ~ .L ~ ~ ~ .L - . SHARON L DUCItWOR1H f .. . COMM.tJ__ ~ . -11!1' Notary N:IIIc - e_ JIIQ I Z LOS ANGElES CCllNY ... J ,My Comm. Exp/r.. JUN 9. 1999 , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ WITNESS my hand and official seal AFFIDAVIT OF MAILING I, Rose Gonzales, declare as follows: 1. That I am employed in the Community Services Department in the position of Secretary. 2. That on September 17, 1997 I mailed a copy of: NOTICE OF SCHEDULING OF A PUBLIC HEARING to be held October 7,1997 regarding a variance application for 4520 Everett 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. Tseng Chun Ying 4321 Exchange Avenue Vernon, Cal.ifornia 90058 L.A. Junction Rail.road 4431 Exchange AVenue Vernon, Cal.ifornia 90058 Thomas & Hel.en O'Keefe 612 N. Whittier Drive Beverl.y Hil.l.s, Cal.if 90210 Mary Padden 22340 Mal.den Street Canoga Park, Cal.ifornia 91304 Catel.l.us Devel.opment 201 Mission Street San Francisco, Cal.if 94105 Charl.otte Cueto 8515 Florence Ave #103 Downey, Cal.ifornia 90240 General. Mil.ls P.O. Box 1113 Minneapolis, MN 55440 J.F.C. International 4353 Exchange AVenue Vernon, Ca1ifornia 90058 Pa1m Properties Investments, Inc. 4520 Maywood Avenue Vernon, Cal.ifornia 90050 Lawrence Hanson, Jr. 1201 S. Olive Street Los Angeles, Cal.ifornia 90015 Arnold & Ida Gittleson 4265 Exchange AVenue Vernon, California 90058 Carpenter Technology P.O. Box 14662 Reading, Pa 19612 W.H. Dawn Investment Co. 5731 W. Slauson Avenue #222 Cul.ver City,Cal.ifornia 9023C BRM Investment Co. P.O. Box 1311 Los Angeles, Cal.ifornia 90053 Sheed Food Corp 4383 Exchange Avenue Vernon, Cal.ifornia 90058 Russel. R. Moore 4511 Everett Avenue Vernon, Cal.ifornia 90058 Siegfried Kling 30165 Via De ,La Mes Temecul.a, Cal.ifornia 92591 Bob Yu & F.H. Li 6122 Reno AVenue Templ.e City, Cal.ifornia 91780 : Mary Winders 5091 Bl.ackpool. Road Westminster, Cal.if 92685 Francisco Gamez P.O. Box 25008 Phoenix, AZ 85002 Yeh Young Kou 3603 E. Olympic Bl.vd Los Angeles, a~~ifornia 90023 .. Joe" & Laura Sanchez 4722 Everett Avenue Vernon, Califronia 90058 Thomas Bailey & Eileen Bailey 616 Carnellon Court Simi Valley, California 93065 John W. Janssen 1701 N. .Main Street Los Angeles, California 90012 Aaron Magidow & Neil Torriello 1205 W. Olympic Blvd Montebello, California 90240 Richardo & Virginia Alcedo 4820 Everett Court Vernon, California 90058 A & M Realty/Co. 4371 49th Street Vernon, California 9005 United Resin Adhesives 4800 DeKalb Avenue Los Angeles, California 90058 \ ..~ 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 Ellen 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 500 W. 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 u.s. Filter Recovery Services 5375 Boyle Avenue Vernon, Ca 90058 r 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, October 7, 1997 at 5:00 p.m. Applicant: Feliciano Diaz dba F.D. Cutting Service The purpose of the hearing is to obtain testimony from affected andlor 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 twelve non-conforming truck spaces. Property involved: 4520 Everett Avenue, 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 delive d to the City of Vernon at, or prior to, the meeting. ~ Bruce V. Malkenhorst City AdministratorlCity Clerk * /! ENGINEER'S REPORT FELICIANO DIAZ DBA F.D. CUTTING SERVICE 4520 EVERETT AVENUE VARIANCE APPLICATION SEPTEMBER 17, 1997 lJ .. >.... long by 10 feet wide would be a hardship. He has indicated that he 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 subject to the following conditions: (a) The usage of the twelve non-conforming truck loading spaces shall be limited so that no truck parked at or using the loading docks shall extend into the existing 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. .. ... .. NOTICE OF A PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Tuesday, October 7, 1997 at 5:00 p.m. Applicant: Feliciano Diaz dba F.D. Cutting Service The purpose of the hearing is to obtain testimony from affected andlor 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 twelve non-conforming truck spaces. Property involved: 4520 Everett Avenue, 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 delive d to the City of Vernon at, or prior to, the meeting. /{ --....... Bruce V. Malkenhorst City AdministratorlCity Clerk f? J> ~ ., e/ September 16, 1997 TO: Bruce V. Malkenhorst, Ci"ty Administrator FROM: Samuel "Kevin" Wilson~Director of Community Services & Water SUBJECT: Variance - Feliciano Diaz dba F.D. Cutting Service @ 4520 Everett Avenue Feliciano Diaz dba F.D. Cutting Service has submitted a complete application for a variance. He is requesting a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8. He is proposing to utilize twelve non-conforming truck loading spaces. It is recommended that you receive the application and that a public hearing for this application be set for October 7, 1997. MR: reg Attachments