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Resolution No. 7371
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, 7371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO DIXON & LOIS HARWIN TRUST FROM SECTION 26.4.2-8, DEVELOPMENT STANDARDS, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4608 50TH STREET IN THE CITY OF VERNON WHEREAS, the Dixon & Lois Harwin Trust owns the property located at 4608 50th Street in the City of Vernon (hereinafter referred to as "the property") and is requesting a partial variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance ("Zoning Ordinance") ; and WHEREAS, the property is located in the M-Zone; I and WHEREAS, the property has been and currently is used for warehousing and distribution, and therefore, the operation is consistent with the objectives of the General Plan and Zoning Ordinance; and WHEREAS, the existing building on the property measures approximately 21,189 square feet, and was constructed within five (5) truck loading doors, each of which accommodated two (2) truck loading spaces for a total of ten (10) truck loading spaces; and WHEREAS, the truck loading spaces are considered non -conforming; and I WHEREAS, Section 26.4.2-7 (b) of the Zoning 2 Ordinance requires two (2) truck loading spaces for 3 buildings with a gross floor area of between 8,001 and 4 25,000 square feet in size; and 5 WHEREAS, Section 26.4.2-8 (c) of the Zoning 6 Ordinance specifies that each truck loading space shall be a 7 minimum of ten (10) feet wide, sixty-five (65) feet long, 8 and fifteen (15) feet in height; and 9 WHEREAS, Section 26.4.6-4 (c) of the Zoning 10 Ordinance provides, in part, that a non -conforming building 11 must comply with these standards within five years of April 12 18, 1989 unless a variance is granted; and 13 WHEREAS, the Dixon & Lois Harwin Trust has 14 proposed to recess one (1) truck loading door (i.e., two (2) 15 truck loading spaces) sixty-eight (68) feet back from the 16 northern property line thus bringing it into conformity with 17 Section 26.4.2-8(c); and 18 WHEREAS, the remaining non -conforming (4) four 19 truck loading doors (i.e., eight (8) truck loading spaces) 20 shall require a variance from Section 26.4.2-8(c); and 21 WHEREAS, the Dixon & Lois Harwin Trust has stated 22 that all eight (8) non -conforming loading spaces will be 23 limited to trucks of a smaller length, so that the trucks 24 will not extend into the Master Plan of Street Widths dated 25 June 16, 1992; and 26 27 28 -2- I WHEREAS, the Dixon & Lois Harwin Trust has 2 requested permission to use eight (8) non -conforming truck 3 loading spaces on the property; and 4 WHEREAS, pursuant to Section 26.4.E-4(d), the City 5 Council may relieve an occupant of all or part of the 6 provisions of the off-street parking, access and loading 7 requirements of this ordinance; and 8 WHEREAS, strict application of the loading 9 requirements of Section 26.4 of the Zoning Ordinance would 10 create an unreasonable hardship in that recessing all of the 11 non -conforming truck loading spaces would require the Dixon 12 & Lois Harwin Trust to demolish a significant portion of its 13 property; and 14 WHEREAS, the existing use does and will not 15 adversely affect the surrounding area because the site has 16 been and currently is used for warehousing and distribution; 17 and 18 WHEREAS, the use does not require the area 19 specified in this Ordinance because the Dixon & Lois Harwin 20 Trust has agreed to use shorter trucks at the truck loading 21 space fronting 50th Street to ensure that vehicles will not 22 extend into the street right-of-way while in the loading 23 space; and 24 WHEREAS, with approval of the variance the 25 property will have the minimum number of truck loading 26 spaces as required by Section 26.4.2-7(b) of the Zoning 27 Ordinance which will conform to the requirements of Section 28 26.4.2-8(c); and -3- • .a I WHEREAS, the City Council has received a Staff 2 Report dated July 12, 1999, upon which it has relied in 3 making the foregoing recitals; and 4 WHEREAS, the City Council of the City of Vernon 5 held a hearing on said application for a variance on July 6 13, 1999. 7 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 8 OF THE CITY OF VERNON AS FOLLOWS: 9 SECTION 1: The City Council of the City of Vernon 10 hereby finds and determines that the recitals contained 11 herein -above are true and correct. 12 SECTION 2: A variance from Section 26.4.2-8(c) of 13 the Comprehensive Zoning Ordinance, requiring all truck 14 loading spaces to be ten (10) feet wide by sixty-five (65) 15 feet long, is hereby granted for a portion of the property 16 located at 4608 50th Street; specifically eight (8) truck 17 loading spaces. 18 SECTION 3: The variance granted is subject to the 19 following conditions: 20 a) The Dixon & Lois Harwin Trust shall construct 21 and maintain a minimum of two (2) truck loading spaces on 22 the property recessed 68 feet from the northern property 23 line. 24 25 26 27 28 -4- I b) The usage of all eight (8) non -conforming 2 truck loading spaces shall be limited to smaller length 3 trucks so that no trucks parked at or using the eight (8) 4 non -conforming loading spaces shall extend into the existing 5 street right-of-way as shown on the Master Plan of Streets, 6 dated June 16, 1992. 7 c) All existing and future tenants shall be 8 notified of this loading space use restriction within a 9 reasonable time after approval by this body and that all 10 future leases shall contain a provision reciting the terms 11 of this restriction. 12 d) This variance shall automatically expire at 13 the time of any change in use or expansion or structural 14 alteration of the building, or on August 19, 2009, whichever 15 occurs first, at which time the use of the parking, access 16 or loading area(s) allowed by this variance shall be 17 discontinued unless brought into compliance with all 18 applicable standards for parking, access and loading areas 19 set forth in the Comprehensive Zoning Ordinance at the time 20 of the expiration of the variance or if a new variance is 21 sought, whichever occurs first. It is the intent of the 22 City Council that said parking, access or loading area(s) be 23 treated in the same manner as a legal nonconforming use 24 subject to Section 26.4.E-4(b). 25 26 27 28 -5- 1 SECTION 4: Noncompliance with these conditions 2 shall constitute sufficient grounds for the City Council of 3 the City of Vernon to void this variance and require the 4 application of Zoning Ordinance Section 26.4.2-8(c) and the 5 authorized truck loading space requirement to the property. 6 SECTION 5: The City Clerk of the City of Vernon 7 shall certify to the passage of this Resolution and 8 thereupon and thereafter the same shall be in full force and 9 effect. 10 11 APPROVED AND ADOPTED this 13th day of July, 1999 12 13 off: �z EONIS C. MAL URG, Atyor 14 ATTEST- i 15 BRUCE V. MALKENHORST, City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 -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. 7371 was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, July 13, 1999 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -7- SUPPORTING DOCUMENTS June 30, 1999 TO: Bruce V. Malkenhorst,CCity Administrator / FROM: Samuel "Kevin" Wilson, Director of Community Services & Water SUBJECT: VARIANCE - DIXON & LOIS HARWIN TRUST AT 4608 50TH STREET Dixon & Lois Harwin Trust has submitted a complete application for a variance. They are proposing to utilize 8 non- conforming truck loading spaces at their existing facility located at 4608 50th street. It is recommended that you receive this application and that a public hearing be set for July 13, 1999. SKW:pp Attachment Memo to Set PH.wpd CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 _/1 � 0 it L� all� I'll DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 8, 1999 City Council City of Vernon Honorable Members: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Dixon & Lois Harwin Trust has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4608 50th Street in the City of Vernon. The variance is to allow the use of eight non -conforming truck loading spaces. All the loading spaces, however, will be restricted to trucks that do not extend into the Public Right -of -Way. Herewith is the following evidence: 2. Staff report. 3. Application for variance. 4. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. it is hereby recommended that the variance be granted with the following conditions: a) The applicant shall maintain a minimum of two recessed truck loading spaces on the property. b) The usage of all non -conforming truck loading spaces shall be limited so that no trucks parked at or using the loading space shall extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. City Council July 8, 1999 Page 2 c) All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. d) This variance shall automatically, expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to section 26.4.E-4(b). Very truly yours, Bruce V. Malkenhorst City Clerk BVM:rcm City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Demon, Califomia 90058 . (323)583-8811 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, July 13, 1999 at 5:00 p.m. Applicant: Dixon & Lois Harwin Trust 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 applicant to utilize eight non -conforming truck loading spaces. Property Involved.- 4608 50th Street in the City of Vernon (see reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, 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. UCE V. MALKENHORST L ty Administrator/City Clerk CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. `BILL" DAVIS Councilman Ii. "LARRY" GONZALES Councilman W. IuIICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 30, 1999 Interested parties or property owners: DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed herewith for your information is a Notice of Public Hearing to consider an application for variance for the property at 4608 50th Street in the City of Vernon. The applicant, Dixon & Lois Harwin Trust, is requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance'to allow the use of 8 non -conforming truck loading spaces. The building was constructed with 5 truck loading doors each accommodating two truck loading spaces measuring 46 feet in length and 10 feet in width, all fronting 50' Street. The owner has proposed to recess one of the truck loading doors (i.e. two loading spaces) 68 feet back of the Master Plan of Street Widths dated June 16, 1992. A variance is requested to utilize the remaining 4 truck loading doors (i.e. 8 non -conforming truck loading spaces). The current Comprehensive Zoning Ordinance requires truck loading spaces to be 10 feet in width and 65 feet in length. All the remaining non -conforming loading spaces, however, will be restricted to trucks that do not extend into the Public Right -of -Way. A copy of the application and supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the meeting on July 13, 1999 or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property oxvner. es & Water SKW:pp Enclosure AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Peter Pirnejad, Planning Assistant of the City of Vernon, do hereby certify that I did, on the 301h day of June, 1999, post three (3) copies of: NOTICE OF PUBLIC HEARING to be held 07/13/99, (see attached copy) regarding a variance application for Dixon & Lois Harwin Trust to utilize 8 nonconforming truck loading docks at 4608 50th Street in the City of Vernon. 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: Peter Pirnejad,®Planning Assistant State of California ss. County of Los Angeles ) On �`u M �, lRg9 before me, Notary Public, personally appeared Peter Pirnejad, 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. WITNESS my hand and official seal AFFIDAVIT OF MAILING I, Peter Pirnejad, declare as follows: 1. That I am employed by the City of Vernon in the position of Planning Assistant in the Department of Community Services. 2. That on June 29, 1999 I mailed a copy of NOTICE OF PUBLIC HEARING to be held on July 13, 1999 along with the attached letter regarding a variance application for Dixon & Lois Harwin Trust to utilize 8 nonconforming truck loading docks at 4608 50th Street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. 4��4'x 4�z -�- Lucille Roybal-Allard Congresswoman 255 E. Temple Street Suite 1860 Los Angeles, CA 90012 ATIT+I: Anna Figueroa Planning Department 6550 Miles Avenue Huntington Park, CA 90255 City of Los Angeles Environmental Planning Department 221 N. Figueroa Street Room 1500 Los Angeles, CA 90012 Bo 1 of Supervisory Los Angeles County Director of Planning Jars Herb - Room 1390 320 West Temple Street Los Angeles, CA 90012 §iuth Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Briain� L.A.County Public Works Mapping & Property Management 900 S. Fremont Avenue 10" Floor Alhambra, CA 91803 Dave Karrker California Water Service 5243 E. Sheila Street Commerce, CA 90022 J.J. Little J.J. Little Company, Inc. 9945 Malgar Drive Whittier, CA 90603 L.R. Luppen Metal Products Engineering 3050 Leonis Boulevard Vernon, CA 90058 Louis Chertkow Elkay Plastics Company, Inc. P.O. Box 23008 Vernon, CA 90023 Charles Calderon Martha Escutia State Senator - 30' District State Assemblywoman 400 N. Montebello Boulevard 2650 Zoe Avenue - 2,d Floor Montebello, CA 90640 Huntington Park, CA 90255 Dolores Petullo Planning Department Chamber of Commerce 2535 Commerce Way 3801 Santa Fe Avenue Commerce, CA 90040 Vernon, CA 90058 gVbBeil L.A. Unified School Planning Department Real Estate and Asset Management Branch 6330 Pine Street Environmental Review Unit Bell, CA 90201 355 South Grand Avenue, Suite 500 Los Angeles, CA 90071 Gloria Molina Mothers of East L.A. Board of Supervisors Ms. Guiterrez 500 West Temple Street 924 S. Mott Street Suite 856 Los Angeles, CA Los Angeles, CA 90012 90023 G00 City of Ma wood ty y Planning Department Planning Department 5220 Santa Ana Street 4319 Slauson Avenue Cudahy, CA 90201 Maywood, CA 90270 a �1.Y S�t�atlon District Robert J `Nicpum P.O. Box 4998 L.A. Unified School District Whittier, CA 90607 1425 S. San Pedro Street Room 101 Los Angeles, CA 90015 Smooke - c/o Wellman Properties Joseph R. Garruba 405 Mateo Street California Portland Cement Co. Los Angeles, CA 90013-2219 2025 E. Financial Way Glendora, CA 91740 Sidney R. Title John Kinas Market Properties, Inc. United States Aluminum 5245 Pacific Concourse 3663 Bandini Boulevard Suite 190 Vernon, CA 90023 Los Angeles, CA 90045 H.P. Long Catellus Development Corp. Sweetener Products The Bradbury Building 2050 E. 38`h Street 304 S. Broadway, 411 Floor Vernon, CA 90058 Los Angeles, CA 90013-1209 Atten: Brent P. Chappell Ellen Orlando Connie M. Carrasco, President Karen Lehrer Chem -Tech Systems, Inc. 2300 E. 11 th Street 3650 East 26' Street Los Angeles, CA 90021 Vernon, CA 90023 E.J. Contreras Owens -Brockway 2901 Fruitland Avenue Vernon, CA 90058 Scott Simpson U.S. FILTER RECOVERY SERVICES, (CALIFORNIA), INC P.O. Box 58128 Los Angeles, CA 90058 James H. Hilands Heger Realty Corporation 5657 E. Washington Boulevard Los Angeles, CA 90040 Local Government Information Services P.O. Box 10448 Arlington, Virginia 22210-1448 City of Long Beach Office of the City Manager City Hall 333 W. Ocean Boulevard, 13'' Floor Long Beach, CA 90802 Roberto & Maria Zamora 12090 Smallwood Avenue Downey, CA 90242-2329 Bank of America. 50 California Street San Francisco, CA 94111 LA Junction RY CO SB of E Par 7 MA 4433 Exchange Avenue Vernon, CA 90058 CMD Partners 500 Michelson Drive, #200 Irvine, CA 92612 Robin D. Linden 4580 East 49th Street Vernon, CA 90058-3204 Harry & Arsho Diramanan 16027 Ventura Boulevard, #220 Encino, CA 91436-2728 Walter A. & Ella M. Giese Trust 10320 Oatfield Way Camarillo, CA 93012-9251 LA Junction RY CO SB of E Par 9 MA 4433 Exchange Avenue Vernon, CA 90058 CMD Partners 500 Michelson Drive, #200 Irvine, CA 92612 Felix L. & Adelina. Chavez 1704 Thorncrest Drive Glendale, CA 91207-1052 Robert L. & Gloria Austin Trust P.O. Box 193 La Mirada, CA 90637-0193 Alfred & B. Stern Trust 9300 Wilshire Boulevard, #304 Beverly Hills, CA 90212-3209 Edward M. Tannenbaum Floran T. Ambrunn 12812 Bristol Circle Los Angeles, CA 90049 Cattellus Finance I., LLC 201 Mission Street, #340 San Francisco, CA 94105-1832 F&S, LLC S, LLC 4501 East 50th Street Vernon, CA 90058-3205 4 wso En F U W 7 0 d r a a dry 4N. .evrom O . F1M MYN � Ewe D Q M�1 ^mac OpONIYN M 1A10 lM1Y/ MOlONI1WW !0 A310 0 NOTICE OF EXEMPTION TO: Office of Planning and Research 1400 Tenth Avenue Sacramento, CA 95814 X County Clerk County of Los Angeles Environmental Filings 12400 E. Imperial Hwy. Norwalk, CA 90650 Project Title Rm. 1101 Dixon & Lois Harwin Trust FROM: City of Vernon 4305 Santa Fe Avenue Vernon, CfftskD JUL 2 71999 Project Location - Specific 4608 50th Street, Vernon, CA 90058 Project Location - City Project Location - County Vernon - Los Angeles Description of Nature, Purpose and Beneficiaries of Project The applicant, Dixon & Lois Harwin Trust, is requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance to allow the use of 8 non -conforming truck loading spaces. The building was constructed with 5 truck loading doors each accommodating 2 truck loading spaces measuring 46 feet in length and 10 feet in width, all fronting 50th Street. The owner has proposed to recess 1 of the truck loading doors (i.e., 2 loading spaces) 68 feet back of the Master Plan of Street Widths dated June 16, 1992. A variance is requested to utilize the remaining 4 truck loading doors (i.e., 8 non -conforming truck loading spaces). The current Comprehensive Zoning ordinance requires truck loading spaces to be 10 feet in width and 65 feet in length. All the remaining non -conforming loading spaces, however, will be restricted to trucks that do not extend into the Public Right -of -Way. Name of Public Agency approving project THIS NOTICE W City of Vernon `S POSTED ON _ u 1 n w ..+�� %-1 Name of Person or Agency carrying out prof ectJNTIL AUG 2 6 me Dixon & Lois Harwin Trust Exempt Status: (check one) r, REGIS2Ao_fl •e�....__RDER . "LUUNTY CLERK Ministerial (Sec. 21080 (b) (1); 15268 Declared Emergency (Sec. 21080 (b) (3); 15269(a)); Emergency Project (Sec. 21080 (b) (4); 15269(b) (c)). XX Categorical Exemption — Class 1 (Sec. 15301) Statutory Exemptions Reasons why project is exempt: The project is categorically exempt from CEQA because it is an existing facility with no expansion of use as described in Section 15301. Date: July 14 1999 Contact Person Area Code/Telephone/Extension Samuel "Kevin" Wilson 323/583-8811/245 Date received for filing: `-4314j July 8, 1999 TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson Director of Community Services & Water SUBJECT: VARIANCE - Dixon & Lois Harwin Trust at 4608 50th Street Dixon & Lois Harwin Trust has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4608 50th Street in the City of Vernon. The variance is to allow the use of eight non- conforming truck loading spaces. All the loading spaces, however, will be restricted to trucks that do not extend into the Public Right -of -Way. Herewith is the following evidence: 1. Staff report. 2. Application for variance. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. It is recommended that the variance be granted with the following conditions: a) The applicant shall maintain a minimum of two recessed truck loading spaces on the property. b) The usage of all non -conforming truck loading spaces shall be limited so that no trucks parked at or using the loading space shall extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. c) All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. d) This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all Bruce V. Malkenhorst -2- July 8, 1999 applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to section 26.4.E-4(b). SKW:pp Attachments .t e CITY COUNCIL 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 (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 13, 1999 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Submitted herewith is a revised Staff Report for the Dixon & Lois Harwin Trust Variance located at 4608 50th Street. The revision consists of changes in the verbiage of b), eliminating d) of the staffs' findings, and various stylistic changes throughout the report. Respectfully submitted, JW Samuel Kevin Wilson, P.E. Director of Community Services & Water SKW: pp cc: City Attorney Enclosure t STAFF REPORT DIXON & LOIS HARWIN TRUST 4608 50TH STREET VARIANCE APPLICATION July 12, 1999 The Dixon & Lois Harwin Trust has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4608 50th Street in the City of Vernon. The building at 4608 50th Street was previously occupied by Soco-Lynch Corporation. Soco-Lynch Corporation had obtained a variance for this property on August 16, 1994. The variance was granted with the condition that the usage of the non -conforming loading spaces be limited so that no truck parked at the loading docks shall extend into the right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. The building has two occupants and both currently use the facility for warehousing and distribution. The building was constructed with five (5) truck loading doors, each of which accommodate two (2) truck loading spaces. Each of the ten (10) non -conforming truck loading spaces measure ten (10) feet in width and forty six (46) feet in length. All the truck loading spaces front 50th Street. Once Soco-Lynch Corporation vacated the facility the variance expired. According to Section 26.4.E-4(d), the City Council may, under certain circumstances, relieve the occupant of all or part of the provisions of the off-street parking, access -1- and loading requirements of this chapter. Therefore, if the facility is to be re -occupied it is required to obtain a variance. In an effort to be less non -conforming the applicant has proposed to recess one truck loading door (i.e., two truck loading spaces) 68 feet back from the northern property line, fronting 50th Street. Therefore, the remaining four truck loading doors (i.e., eight (8) truck loading spaces) shall require a variance from Section 26.4.2-8. The applicant has indicated that all eight (8) non- conforming loading spaces will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992. As previously stated the building has historically been used for warehousing and distribution and is approximately 22,189 square feet in area. Staff finds the following to be true: a) As previously mentioned the applicant's building was built with ten (10) truck loading spaces. The truck loading spaces are currently considered non -conforming. For the building to conform with the current Comprehensive Zoning Ordinance a significant portion of the building would need to be demolished. The strict application of the off-street parking, access and loading requirements of the ordinance would cause an unreasonable hardship to the applicant. b) This building has been used for warehousing and distributing in the past and despite a change in occupancy, it -2- continues to be used for the same purpose. Consequently, the existing use does not and will not adversely affect the surrounding area. c) As previously mentioned, Dixon & Lois Harwin Trust has stated that only vehicles of smaller lengths will be used at the shorter non -conforming truck loading spaces to ensure that vehicles will not extend into the street right-of-way while in the loading space. As long as Dixon & Lois Harwin Trust complies with this condition, than the variance will be consistent with the objectives of the Comprehensive Zoning Ordinance and the General Plan and the use does not require the area specified by this Ordinance. Section 26.4.2-7(b) of the Comprehensive Zoning Ordinance requires two (2) truck loading spaces for buildings with a gross floor area of between 8,001 and 25,000 square feet. Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance specifies that each loading space shall be a minimum of ten (10) feet wide, sixty-five (65) feet long, and fifteen (15) feet high and Section 26.4.E-4(c) of the Comprehensive Zoning Ordinance provides, in part, that a non -conforming building must comply with these standards within five years of April 18, 1989 unless a variance is granted. The operation is in conformance with the Comprehensive Zoning Ordinance and General Plan. Therefore, it is recommended that the variance be granted with the following conditions: a) The applicant shall maintain a minimum of two (2) -3- recessed truck loading spaces on the property. b) The usage of all non -conforming truck loading spaces shall be limited so that no trucks parked at or using the loading space shall extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. c) All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. d) This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26 .4.E-4 (b) . STAFF REPORT DIXON & LOIS HARWIN TRUST 4608 50TH STREET VARIANCE APPLICATION June 30, 1999 Dixon & Lois Harwin Trust has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8, Development Standards for the property located at 4608 50th Street in the City of Vernon. The building has two occupants and both currently use the facility for warehousing and distribution. The previous occupant of the building at 4608 50th Street was Soco-Lynch Corporation. The most recent variance was granted to Soco-Lynch Corporation on August 16, 1994. The variance was granted with the condition that the usage of the non -conforming loading spaces be limited so that no truck parked at the loading docks shall extend into the right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. The building was constructed with 5 truck loading doors, each of which accommodate 2 non -conforming truck loading spaces. The 10 non -conforming truck loading spaces measure 10 feet in width and 46 feet in length, all fronting 50th Street. The applicant has proposed to recessed one truck loading door (i.e. two truck loading spaces) 68 feet back of the property line. Therefore, the remaining four truck loading doors (i.e. 8 truck loading spaces) shall require a variance from Section 26.4.2-8. The applicant has indicated that all non -conforming loading spaces will be limited to trucks that do not extend into the -1- Master Plan of Street Widths dated June 16, 1992. As previously stated the building has historically been used for warehousing and distribution and is approximately 22,189 square feet in area. Staff finds the following to be true: a) As previously mentioned the applicant's building was built with 10 non -conforming truck loading spaces. For the building to conform with the current Comprehensive Zoning Ordinance a significant portion of the building would need to be demolished. This would cause a significant financial hardship to the applicant. b) This variance will not adversely affect the interest of the public or the interests of other residents and property owners within the vicinity of the premises. c) As previously mentioned, Dixon & Lois Harwin Trust has stated that only vehicles of smaller lengths will be used at the shorter non -conforming truck loading spaces to ensure that vehicles will not extend into the street right-of-way while in the loading space. As long as Dixon & Lois Harwin Trust complies with this condition, than the variance will be consistent with the objectives of the Comprehensive Zoning Ordinance and the General Plan. & d) The basis of granting this variance to Dixon & Lois Harwin Trust, is that Dixon & Lois Harwin Trust will be using shorter trucks that do not extend past the Master Plan of Street Widths dated June 16, 1992. The granting of this variance will not constitute the granting of a "special privilege" inconsistent -2- with the limitation on other nearby properties. Section 26.4.2-7(b) of the Comprehensive Zoning Ordinance requires 2 truck loading spaces for buildings with a gross floor area of between 8,001 and 25,000 square feet. 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.E-4(c) of the Comprehensive Zoning Ordinance provides that a non -conforming building must comply with these standards within five years of April 18, 1989 unless a variance is granted. The operation is in conformance with the Comprehensive Zoning Ordinance and General Plan. Therefore, it is recommended that the variance be granted with the following conditions: a) The applicant shall maintain a minimum of two recessed truck loading spaces on the property. b) The usage of all non -conforming truck loading spaces shall be limited so that no trucks parked at or using the loading space shall extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. c) All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. d) This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance -3- shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to section 26.4.E-4(b). -4- Page 1 of 4 APPLICATION FOR VARIANCE Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description): L1 54S1 54T106R48 Official Map of Los Angeles General location (give street address): 4608 East 50th Street Name of Applicant(s): Dixon & Lois Harwin Trust (print or type name of business) Mailing address 9300 Wilshire Boulevard, Beverly Hills, CA 90212 Phone No. (323) 272-2234 Record Owner(s) of property: Name Dixon & Lois Harwin Trust Mailing address 9300 Wilshire Boulevard, Beverly Hills, CA 90212 Phone No.(323) 272-2234 Proper Owner(s) representative: Name Gary J. Herman Sr./Gregory A. Herman Mailing address 1201 South Olive Street, Los Angeles, CA 90015 Phone No.(213) 747-6531 Relationship to owner(s) (engineer, contractor, attorney, purchaser, lessor) Real Estate Broker : Written consent of owner(s) must be attached. Present use of property: Warehouse/distribution Present Zoning: MV Proposed use of property: Warehouse/ distribution How long has owner held title to this property? Since 1960 Are there any easements controlling the use of this property? No x Yes described Expiration date Are there any private or deed restrictions controlling use of this property? No x Yes , describe f:\wp51 \char\variance.dix 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) attache additional sheet(s) if necessary: To utilize the existina dock high loading doors for trucks which will not extend beyond the front property line. (One double dock high loading door will be indented to meet the City of Vernon truck loading setback requirement.) NOTICE TO APPLICANT: In the variance procedure it shall be shown that the following 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 additional sheet(s) if necessary). (1) 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. Truck doors have sufficient yard set back so trucks parked at doors will not extend beyond property line. (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. This building was constructed with front loading and parking but less than the now required set back requirements Mwp51 \char\variance.d ix Page 3 of 4 (3) That the special conditions and circumstances do not result from actions of the applicant: The current loading setback has been in existence since the building was constructed and the City of Vernon recently widened 50th Street which resulted in a reduction of the building setback (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the Chapter to other lands, structures, or buildings in the same vicinity and zone which the property is located: Adjacent buildings have similar setbacks (5) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: The new occupant is a warehousing/distribution operation which has minimal impact 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 the legal description and all existing and proposed improvements attached? No Yes x Are the required three (3) area maps attached? No Yes x Mwp51 \charlvariance.d ix 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? No Yes x Is the required fee enclosed? No Yes x I declare under penalty of perjury that to the best of my knowledge and belief the foregoing is true, complete, and accurate. Signed: �ro �4. wner(s) or own4s representative reHerman, Vice President S.D. HERMAN CO., INC. Agent for Dixon & Lois Harwin Trust Mwp51 \char\variance.d ix Instruction for preparing radius maps for zoning case applications in the City of Vernon, California. The following information is required for all radius maps. Prepare the map to a scale of 1"=100'. Show all properties within a 300 foot radius from the exterior boundaries of the subject property. This map shall include information shown on the sample map, including: Streets Lot lines Street names Street address 2. Locate subject property and cross -hatch as shown on sample map. 3. Draw a 300 foot radius from each corner of subject property. 4. Mark each property within the 300 foot radius with a number in a circle as shown on sample map. These numbers must correspond to the names on the required property owners list prepared from the tax roll. 5. Show a north point. f:\wp51 \char\vaiance\propownr.d ix mfri il.f �l 7s ?� Opt O c a a=N c�O m V �• v M = r•• > O a cr O N a w -I 6 = uf.r O L Or a $ a N� _ s O " f 84 208----- Z 'Tl I G I k r G% IMELITA fTI AV -� � ass rn10 N 0 I� N. 7•/t'�t4 6 a O P 1� •ter. - - ' 34 iy ry�ryyy ` PC d" so y, O M W j ►�• w (rl zA IN4w Ch O % I�i a aCY)3N©� 40 f A M7•/1'4S E •�� A /7 CORONA; 1 AVE. p S I I "rirsss CORONA j AVE �� 4tia.�E iDs.ss 4I.Krrl no •" - dip �+ 7 � � JJ Q •►Z _ J/J��J C u� 0 N Ei P Oat 0 zi N it P' z 's• s'� �i.zl Iwo � • _ 4',;� �1 ►�i• � Rat �o ® h ri �1� ice" 0 f j .• 1 � vvll �rv' (• P O� J � p f\1 I�IJ its I O ,I I S I ;N v o l h a M of IQ ri 31 gt�-------- w • T N r- ro I i N M I• I � � : I I ° F � Y O -4 �•i M7•/t•/6•a: 75 tc c m • M i If > Z o P a > N O m a f O 0 O C O $E W Zq k o O 1 $ A 4 242 ' N D s Q 8 n D O " 9a—_33�----- c Z 2 iMELITA irI AV N rl rn Ito Ii O d`, v J ,� a I A 7Kf A 8 O N. 'K 6 .� 31 iy O w i 7za so' a -{� i `-AQ v . Iy 1p 6\ A ci u+ ac))�NOQt,�� ICI' 1-4 J LI' CORONAi`^"y AVE. CORONA- AVE.rrl �$ �r 4ti �4 /3S.S5 4/.fI F 19S �I--_- —_ __.. _ �,. le p N S v � 4e °•1'v x O v • ry• +4 ai..t Iw+,� J• t ♦ s +, „ i —�---- 1 o •y 1n ,^ �1 1� o m + ------- II So -� gas. �•Z � any AC 7•?•t6 a. *u V •.� 73 to rn r r > Z ut N B P O E "0 W Z� w �n ti - --- z .. D O M E 36 208----- G WELITA m- i AV a it -Lrn x 4 v O OD 4j P 34 ly � � � YO • � O K N I _ � JAVE. W75 11S.Z1ORONA,`�`Jy - AVE.°L CORONA e �r 4yti tilt 135 SJXf i. KI .ro n ue o a •ri i�" � Y' � _ > N • J .� I u qe lP 0 �1 a -i4. S I i i �t III��yyI g 6� T w a o tiO i ® I t�- ------ II � t I Vry . I i PROPERTY OWNERS LIST STATEMENT The undersigned has duly prepared the attached "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 Angeles County Tax Assessment roll. This list was prepared on June 18 1999 from the Tax Roll maintained at S. D. HERMAN CO INC 1201 South Olive Street Los Angeles CA 90015 It is understood that the accuracy and completeness of this list is the responsibility of the applicant. Signed: woo prepared A. Herman On this 18th day of June 1999, before me the undersigned a Notary Public in and for said County and State, personally appeared Gregory A. Herman known to me, or proven to me to be the person that executed the within instrument. WITNESS my hand and official seal. PEA)CLOPE -:T011 NsoN Notary Public in and for said County and State My commission expires: 6 - 16' a©©o Signed: ica f:\wp5l\char\vaiance\propownr.dix PROPERTY OWNERS LIST 4608 East 50th Street, Vernon. CA 90058 Page 1 of 1 (Applicants Address) Key # Book Page Parcel Owner Street Address City, State Zip 5 6304 013 005 Roberto & Maria Zamora 4702 East 50th Street Vernon, CA 90058-2708 6 6304 013 006 Harry & Arsho Diramarian Parking Lot (see attached mailing Vernon, CA list) 90058 12 6304 013 012 Robert L. & Gloria Austin Trust 4635 Fruitland Avenue Vernon, CA 90058-3213 24 6304 013 024 Bank of America 5035 Gifford Avenue Los Angeles, CA 90058- 3206 16 6304 013 016 Walter A. & Ella M. Geise 4560 East 50th Street Vernon, CA Trust 90058-3206 20 6304 013 020 Alfred & B. Stern Trust 4584 East 50th Street Los Angeles, CA 90058- 3206 800 6304 013 800 LA Junction Ry Co S B of E Utilities (see attached mailing list) Vernon, CA Par 7 MA 90058 801 6304 013 801 LA Junction Ry Co S B of E Utilities (see attached mailing list) Vernon, CA Par 9 MA 90058 7 6304 013 007 Edward M. Tannenbaum 4900 Corona Avenue Vernon, CA Floran T. Ambrunn 90058-3212 11 6304 013 011 CMD Partners 4657 East 50th Street Vernon, CA 90058-3223 10 6304 016 010 CMD Partners 4703 East 50th Street Vernon, CA 90058-2707 4 6304 013 004 Catellus Finance I., LLC 4578 East 49th Street Los Angeles, CA 90058- 3204 3 6403 013 003 Robin D. Linden 4612 East 49th Street Vernon, CA 90058-3226 13 6304 013 013 Felix L. & Adelina Chavez 4662 East 49th Street Los Angeles, CA 90058-3226 11 6304 017 011 F & S, LLC S, LLC 4537 East 50th Street Los Angleles, CA 90058-3205 f:\wp5l\char\vaiance\propownr.dix EAST 50TH STREET 145'- 6" I PARKING AREA d- i i f I I171 tD i I W REHO SE N '-'i I .► iI I I i •I i I I RAIL ROAD TRACK I t N o. SiTE PLAN 460-8. E. 50TH STRRET D m C m EAST 50TH 145'- 6" I PARKING AREA ca i W REHO SE N L STREET RAIL ROAD TRACK I t N o. SITE PLAN 460g. E. SOTH STRRET 0 O Z D D m Z. m r' NOTICE OF 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, July 13, 1999 at 5:00 p.m. Applicant: Dixon & Lois Harwin Trust 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 applicant to utilize eight non -conforming truck loading spaces. Property Involved: 4608 50th Street in the City of Vernon (see reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, 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. RUCE V. MALKENHORST ity Administrator/City Clerk