Resolution No. 72971
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RESOLUTION NO. 7297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON MAKING ADDITIONAL FINDINGS IN
SUPPORT OF THE DENIAL OF AN APPEAL CONCERNING
A NONCONFORMING BUILDING AT 4901-4903 PACIFIC
v BOULEVARD
WHEREAS, on August 4, 1998, at a regular meeting of City
Council of the City of Vernon, the City Council heard an appeal by
Far East National Bank ("the Bank"), owner of the property at
4901-4903 Pacific Boulevard, from a determination by the Director
of Community Services and Water that a nonconforming building on
said property had been vacant for more than one year and therefore
could not be legally occupied without being brought into
conformity with all of the regulations of the zone in which the
property is located, as provided by Section 26.4.6-7 of the Vernon
City Code; and
WHEREAS, following the August 4, 1998 appeal hearing,
the City Council adopted Resolution No. 7196, denying the appeal
and making findings in support of said denial, said resolution
being incorporated herein by reference as though set forth in
full; and
WHEREAS, by letter dated November 25, 1998, Laurie D.
Zelon of Morrison & Foerster, on behalf of the Bank, requested
reconsideration of the denial of the aforesaid appeal; and
WHEREAS, on March 16, 1999, the City Council held a
second appeal hearing in response to the Bank's request for
reconsideration; and
WHEREAS, the appeal hearing was closed and the matter
was submitted to the Council for decision; and
1 WHEREAS, the City Council has considered the evidence
2 and arguments presented on behalf of the Bank at the appeal
3 hearing, and a staff report submitted by the Director of Community
4 Services and Water; and
5 WHEREAS, the City Council finds and determines that no
6 new evidence has been produced by the Bank to warrant a change in
7 the findings or decision made in Resolution No. 7196; and
8 WHEREAS, although the Bank contends a Phase I
9 environmental assessment of the property dated September 25, 1996,
10 was submitted to the Vernon Environmental Health Department
11 ("Health Department"), the Health Department has no record of
12 receiving said assessment, and the Council finds the assessment
13 was not submitted to the Health Department as claimed by the Bank;
14 and
15 WHEREAS, with regard to the Bank's claim that it could
16 not occupy the Property because it allegedly was actively engaged
17 in environmental clean up and other repairs to the Property from
18 August 1996 until April 28, 1998, when the Health Department
19 issued a closure certificate, the Council finds the record does,
20 not support this claim, for the following reasons:
21 1. Despite having been advised as early as November 25,
22 1996, of the need to submit closure documentation to the Health
23 Department before reoccupancy, such documentation was not
24 submitted until November 18, 1997, and no credible explanation has
25 been given why such documentation could not have been submitted
26 sooner.
27 2. The City has no record of repair work being done
28 before June 3, 1997, when an electrical permit was issued for
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replacement of light fixtures.
3. The City issued a Temporary Occupancy Permit on
August 26, 1997, to allow the Bank to occupy the Property before
expiration of the August 29, 1997 deadline and thereby retain the
legal nonconforming status of the building while completing
repairs and remediation work, yet the Bank failed to occupy the
Property by August 29, 1997, and still had not occupied the
Property by March 23, 1998, when the Bank was notified that it
could no longer use the Property without complying with current
code requirements.
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.
SECTION 2: Based upon said findings, the City Council
of the City of Vernon reaffirms its findings and determination in
this matter that the property at 4901-4903 Pacific Boulevard was
vacant for a period of at least one year from and after August 29,
1996, and consequently could not thereafter be occupied without
being brought into conformity with all of the regulations of the
zone in which it is located, as specified in Vernon City Code S
26.4.6-7.
SECTION 3: The City Council of the City of Vernon
therefore denies the request for reconsideration in this matter
and sustains the determination by the Director of Community
Services and Water.
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';
(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 4th day of May, 1999.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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LEONIS C. MALBURG, Mayor
f
1 STATE OF CALIFORNIA )
) ss
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COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 7297, was duly adopted by the City Council of the
6 City of Vernon at an adjourned regular meeting of the City Council
7 duly held on Tuesday, May 4, 1999, and thereafter was duly signed
8 by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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