Resolution No. 71961 RESOLUTION NO 7196
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON MAKING FINDINGS IN SUPPORT OF THE
4 DENIAL OF AN APPEAL CONCERNING NONCONFORMING
BUILDING AT 4901-4903 PACIFIC BOULEVARD
5 WHEREAS, on August 4, 1998, at a regular meeting of City
6 Council of the City of Vernon, the City Council heard an appeal by
7 Far East National Bank ("the Bank") owner of the property at
8 4901-4903 Pacific Boulevard, from a determination by the Director
9 of Community Services and Water that a nonconforming building on
10 said property had been vacant for more than one year and therefore
11 cannot be legally occupied without being brought into conformity
12 with all of the regulations of the zone in which the property is
13 located, as provided by Section 26.4.6-7 of the Vernon City Code;
14 and
15 WHEREAS, the appeal hearing was closed during said
16 meeting, and the matter was submitted to the Council for decision;
17 and
18 WHEREAS, the City Council has considered testimony on
19 behalf of the property owner at the appeal hearing, documentation
20 offered on behalf of the property owner, a staff report supporting
21 documentation submitted by the Director of Community Services and
22 Water prior to the appeal hearing, and correspondence dated August
23 4, 1998 from David B. Brearley, City Attorney; and
24 WHEREAS, the evidence presented in this matter supports
25 the following findings of fact:
26 1. The property in question consists of one building
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with two addresses--4901
and 4903 Pacific
Boulevard.
This
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proceeding concerns the
entire building,
even though
some
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documentation concerning the property only refers to the 4901
Pacific Boulevard address. (Staff Report, pg. 1, 1 1.)
2. The property is currently owned by the Bank, which
acquired it through a non -judicial foreclosure sale on or about
April 15, 1996. (Correspondence dated November 13, 1997 from Tom
Lam, Loan Adjustment Officer, to Kevin Wilson, Director of
Community Services.)
3. By letter dated May 12., 1997, Mr. Wilson informed
the Bank that the City had determined the property had been vacant
since August 29, 1996, and advised the Bank that the property must
be occupied within one year of that date or it would have to be
brought into conformity with all of the regulations of the zone
prior to being reoccupied. (Staff Report, pg. 2, $ 11.)
4. The building's vacancy was determined to have
commenced on August 29, 1996, because power to the building was
disconnected on that date. (Staff Report, pg. 1, $ 7.)
Documentation furnished by the Bank shows that the vacancy
actually may have commenced prior to August 29, 1996;
specifically, the property may have been vacated as early as July
2, 1996, when the Sheriff's department locked out the former owner
from which the Bank obtained the property through foreclosure.
(Correspondence dated November 13, 1997 from Mr. Lam to Mr.
Wilson.)
5. The Bank admitted, in correspondence dated August
14, 1997 from Mr. Lam to Mr. Wilson, that the property had been
vacant since August 29, 1996, and acknowledged the Bank's
understanding that the property had to be reoccupied by August 29,
1997. (Correspondence dated August 14, 1997 from Mr. Lam to Mr.
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Wilson.)
6. The City granted a temporary occupancy permit to the
Bank for the purpose of allowing occupancy of the premises while
the Bank proceeded to make specified repairs. (Temporary
Certificate of Occupancy, dated August 26, 1997, with
attachments.)
7. The Bank failed to occupy the property by August 29,
1997. (Staff Report, pg. 2, 1 8.)
8. By letter dated March 23, 1998, the City advised the
Bank that the City had determined the building had been vacant for
a continuous period of more than one year. (Correspondence dated
March 23, 1998, from Mr. Wilson to Mr. Lam.)
9. The Bank's failure to occupy the property is not
excused by the necessity of completing remediation measures
ordered by the Health Department or the Bank's alleged inability
to secure the removal of personal property left on the premises by
the prior owner. The Temporary Certificate of Occupancy issued to
the Bank on August 26, 1997, allowed the building to be occupied
during the remediation work and despite the presence of personal
property. Vernon City Code § 26.4.6-7 does not provide for
extensions of the one-year deadline in such cases.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct and adopts the same as its
findings of fact in this matter.
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1 SECTION 2: Based upon said findings, the City Council
2 of the City of Vernon further finds and determines that the
3 property at 4901-4903 Pacific Boulevard was vacant for a period of
4 at least one year from and after August 29, 1996, and consequently
5 could not thereafter be occupied without being brought into
6 conformity with all of the regulations of the zone in which it is
7 located, as specified in Vernon City Code § 26.4.6-7.
8 SECTION 3: The City Council of the City of Vernon
9 therefore denies the appeal in this matter and sustains the
10 determination by the Director of Community Services and Water.
11 SECTION 4: The City Clerk of the City of Vernon shall
12 certify to the passage of this resolution, and thereupon and
13 thereafter the same shall be in full force and effect.
14 APPROVED AND ADOPTED this 4th day of August, 1998.
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LEONIS C. MALBURG, Mayor
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ATTEST
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19 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. 7196, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, August 4, 1998, and thereafter was duly signed by the
Mayor of,the City of Vernon.
(SEAL)
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BRUCE V. MALKENHORST, City Clerk