Resolution No. 74571
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RESOLUTION NO. 7457
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
BRANDLAB, INC. FROM SECTION 26.4.2
8(c), DEVELOPMENT STANDARDS, OF THE
COMPREHENSIVE ZONING ORDINANCE, FOR THE
PROPERTY LOCATED AT 4355 FRUITLAND
AVENUE IN THE CITY OF VERNON
WHEREAS, the BrandLab, Inc. (BrandLab) currently owns
the property located at 4355 Fruitland Avenue 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; and
WHEREAS, although the property is currently vacant it
was and will be used for manufacturing which is consistent with
the objectives of the General Plan and Zoning Ordinance; and
WHEREAS, the facility has undergone substantial
alteration and as a consequence was required to come into
compliance with the frontage improvement requirements of the
current Comprehensive Zoning Ordinance; and
WHEREAS, the existing building on the property
measures approximately 78,000 square feet, and was constructed
with ten (10) truck loading spaces, eight on Everett Avenue and
two (2) on 49th Street; and
WHEREAS, Everett Avenue was a private street until the
early 1980's when the City acquired it and made it a public
right -of -way; and
WHEREAS, the facility has been re- designed and altered
to accommodate eight (8) conforming truck parking and loading
spaces on the north end of the facility facing 49th Street; and
WHEREAS, the four (4) non - conforming truck loading
doors (i.e., eight (8) truck loading spaces) are nine feet wide
and 29.7 feet back of the public right -of -way; and
WHEREAS, Section 26.4.2 -7 (b) of the Zoning Ordinance
requires four (4) truck loading spaces for buildings with a
gross floor area of between 50,001 and 100,000 square feet in
size; and
WHEREAS, Section 26.4.2 -8(c) of the Zoning Ordinance
specifies that each truck loading space shall be a minimum of
ten (10) feet wide, sixty -five (65) feet long, and fifteen (15)
feet in height; and
WHEREAS, Section 26.4.6 -4 (c) of the Zoning Ordinance
provides, in part, that a non - conforming building must comply
with these standards at the time of any changes in use,
occupancy, expansion, structural alteration of the building or
within five years of April 18, 1989 whichever occurs first
unless a variance is granted; and
WHEREAS, BrandLab, Inc. has constructed 8 truck
loading spaces more than sixty five (65) feet back from the
northern property line in conformity with Section 26.4.2 -8(c)
which will be used by the larger trucks in order to maneuver on-
site; and
WHEREAS, the BrandLab, Inc. has stated that the four
(4) non - conforming truck loading spaces facing Everett Avenue
will be limited to trucks of 25 feet in length or less and which
will not extend into the Master Plan of Street Widths dated June
16, 1992; and
WHEREAS, the BrandLab, Inc. has requested permission
to use eight (8) non- conforming truck loading spaces on the
property until August 19, 2009 and for a limited purpose; and
WHEREAS, pursuant to Section 26.4.6 -4(d), the City
Council may relieve an occupant of all or part of the provisions
of the off - street parking, access and loading requirements of
this ordinance; and
WHEREAS, strict application of the loading
requirements of Section 26.4 of the Zoning Ordinance would
require BrandLab to close all of the non - conforming truck
loading spaces along Everett Avenue thus creating unreasonable
hardships, both in terms of finances and safety issues; and
WHEREAS, the existing use does not and will not
adversely affect the surrounding area because the site has
historically been used for manufacturing; and
WHEREAS, Brandlab, Inc. has complied with the loading
area requirements specified in this Ordinance along 49th Street
and has agreed to use shorter trucks in the non - conforming truck
loading fronting Everett Avenue to ensure that vehicles will not
extend into the street right -of -way; and
WHEREAS, BrandLab's use of shorter trucks will not
require as much space as required and will reduce the congestion
in the area; and
WHEREAS, with approval of the variance the property
will have the minimum number of truck loading spaces as required
by Section 26.4.2 -7(b) of the Zoning Ordinance which will
conform to the requirements of Section 26.4.2 -8(c); and
WHEREAS, the City Council has received a Staff Report
dated December 29, 1999, upon which it has relied in making the
foregoing recitals; and
WHEREAS, the City Council of the City of Vernon held a
hearing on said application for a variance on January 4, 2000;
and
WHEREAS, the strict application of the off - street
parking, access and loading requirements of the ordinance
creates an unreasonable hardship; and
WHEREAS, the existing use does and will not adversely
affect the surrounding area; and
WHEREAS, the use does not require the number of
spaces and /or area specified by this ordinance.
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 herein -
above are true and correct.
SECTION 2: A variance from Section 26.4.2 -8(c) of the
Comprehensive Zoning Ordinance, requiring all truck loading
spaces to be ten (10) feet wide by sixty -five (65) feet long, is
hereby granted for a portion of the property located at 4355
Fruitland Avenue, specifically the eight (8) non - conforming
truck loading spaces facing Everett Avenue.
SECTION 3: The variance granted is subject to the
following conditions:
a) The applicant shall maintain a minimum of eight (8)
recessed conforming 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) The variance is only applicable to the existing truck
loading doors facing Everett Avenue, on the property's west
side.
d) Existing truck loading in this area will be used only
for vehicles less than 25 feet long. No vehicle greater than 25
feet in length will be allowed in this loading area.
e) The only type of vehicles to be allowed in the area
are panel trucks, step vans, bobtail trucks and passenger
vehicles.
f) A sign shall be posted in front of the loading doors
on Everett Avenue which states the length limitation of trucks
that load in these loading areas.
g) All existing and future tenants shall be notified of
this restriction and a condition stating this shall be placed in
all future leases.
h) 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 26.4.6 -4(b).
SECTION 4: Noncompliance with these conditions shall
constitute sufficient grounds for the City Council of the City
of Vernon to void this variance and require the application of
Zoning Ordinance Section 26.4.2 -8(c) and the authorized truck
loading space requirement to the property.
SECTION 5: 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.
ATTEST:
APPROVED AND ADOPTED this 4th day of January, 2000
EON'S C. MALBURG, Mayor
BRUCE V. MALKENHORST, City Clerk
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. 7457 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 4, 2000 and thereafter was duly signed
by the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
SUPPORTING
DOCUMENTS
Memo
Community Services & Water
To: Bruce V. Malkenhorst, Ci Administrator
From: Samuel "Kevin" Wilso , Director of Community Services & Water
Date: October 28, 1999
Re: Variance for BrandLab, Inc. located at 4355 Fruitland Avenue
BrandLab, Inc. 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 4355 Fruitland Avenue. It is
recommended that you receive this application and that a public hearing be set for December 7, 1999.
SKW:pp
Place:
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may attend.
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Tuesday, December 7, 1999 at 5:00 p.m.
Applicant: BrandLab, 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 Public Hearing
Request: Grant a variance to allow the applicant to utilize eight non-
conforming truck loading spaces.
Property Involved:
Review of the file:
4355 Fruitland Avenue
in the City of Vernon
(see reverse side)
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.
BRUCE V. MALKENHORST
City Administrator /City Clerk
r
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
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
December 29, 1999
City Council
City of Vernon
Honorable Members:
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
Since this variance request from BrandLab, Inc. was originally
submitted (December 7, 1999), staff has further reviewed their
application. Two letters were subsequently submitted by BrandLab,
Inc., dated December 15th and 27th, 1999 providing further
information, and based upon staff's review, the conditions of
approval for a variance have been changed.
Submitted herewith are the following documents:
1. Revised Staff report - 12/29/99.
2. Letter from Applicant dated December 15, 1999.
3. Letter from Applicant dated December 27, 1999.
It is hereby recommended that the above enumerated items be
received and filed as evidence, and that the below listed items
submitted on December 7, 1999 also be received and filed as
evidence.
1. Application for variance
2. Notice of Public hearing, copies of notification letters
to owners and tenants in the area, and affidavits of
posting and mailing.
Variance - BrandLab, Inc.
December 29, 1999
Page 2
It is further recommended that the variance be granted with the
following conditions:
a) The applicant shall maintain a minimum of eight (8) recessed
conforming 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) The variance is only applicable to the existing truck loading
doors facing Everett Avenue, on the property's west side.
d) Existing truck loading in this area will be used only for
vehicles less than 25 feet long. No vehicle greater than 25
feet in length will be allowed in this loading area.
e) The only type of vehicles to be allowed in the area are panel
trucks, step vans, bobtail trucks and passenger vehicles.
f) A sign shall be posted in front of the loading doors on
Everett Avenue which states the length limitation of trucks
that load in these loading areas.
g) All existing and future tenants shall be notified of this
restriction and a condition stating this shall be placed in
all future leases.
h) 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 26.4.6 -4(b).
Very truly yours,
////'ivi
Bruce V. Malkenhorst
City Clerk
BVM:gst
enclosures
NOTICE OF EXEMPTION
Office of Planning and Research
1400 Tenth Avenue
Sacramento, CA 95814
X County Clerk
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy. Rm 1101
Norwalk, CA 90650
� FILED
JAN 10 2000
FROM: City of Verno
4305 Santa Fe
Vernon, CA 90058
io—
,GUUNIYCLERK
C MOR1.A
' Project Title
BrandLab, Inc.
Project Location - Specific
4355 Fruitland Avenue, Vernon, CA 90058
Project Location — City Project Location - County
Vernon - Los Angeles
Description of Nature, Purpose and Beneficiaries of Project
The applicant, BrandLab, Inc., is requesting a variance from Section 26.4.2 -8(c), Development Standards,
of the Comprehensive Zoning Ordinance to allow the use of eight (8) non - conforming truck loading spaces.
The non - conforming truck loading spaces measure nine (9) feet in width and 29.7 feet in length and require
Variance. All the truck loading spaces front Everett Avenue.
Name of Public Agency approving project
City of Vernon
Name of Person or Agency carrying out project
BrandLab, Inc.
Exempt Status: (check one)
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 //' categorically exempt from CEQA because it is an existing facility with no expansion of use
as describ6jntiolarjT5301.
Date: January 5 2000
C tcf P6ison Area Code/Telephone/Extension
Samuel "Kevin" Wilson 323/583- 8811/245
Date received for filing:
2000
(GIN A 1 0155758
0
DEPUTY
Community Senrio.. & Water
Memo
To: Bruce V. Malkenhorst, City Admin±strator
From: Samuel "Kevin" Wilson, Director of Community
Services & Water
Date: December 29, 1999
Re: VARIANCE - BrandLab, Inc. at 4355 Fruitland Avenue
In a memorandum to your attention dated December 1, 1999 the
Department of Community Services recommended approval.of a
variance for BrandLab, Inc. scheduled for the Public Hearing
on December 7, 1999. The matter was continued to the December
21, 1999 City Council date due to insufficient information.
In response to this the applicant submitted a letter dated
December 15, 1999. The letter brought up some issues that
needed to be investigated, thus causing the matter to be
continued to the January 4th City Council Meeting. Since that
time we received another letter from the applicant dated
December 27, 1999 that explains their hardship and why they
require the variance. Based on further consideration the
conditions of approval have been changed and the Department of
Community Services recommends approval based on a new set
conditions.
Herewith is the following evidence:
1. Revised Staff report.
2. Letter from Applicant dated December 15, 1999.
3. Letter from Applicant dated December 27, 1999.
It is recommended that the variance be granted with the
following conditions:
• Page 1
a) The applicant shall maintain a minimum of eight (8)
recessed conforming truck loading spaces on the
property.
C:\My Documents \Variance's\BrandLab, Inc\Memo to City Administrato2.doc
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.
The variance is only applicable to the existing
truck loading doors facing Everett Avenue, on the
property's west side.
d) Existing truck loading in this area will be used
only for vehicles less than 25 feet long. No vehicle
greater than 25 feet in length will be allowed in
this loading area.
e) The only type of vehicles to be allowed in the area
are panel trucks, step vans, bobtail trucks and
passenger vehicles.
f) A sign shall be posted in front of the loading doors
on Everett Avenue which states the length limitation
of trucks that load in these loading areas.
g) All existing and future tenants shall be notified of
this restriction and a condition stating this shall
be placed in all future leases.
h) 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 26.4.6 -4(b).
SKW:pp
Attachments
STAFF REPORT
BRANDLAB, INC.
4355 FRUITLAND AVENUE
VARIANCE APPLICATION
December 29, 1999
BrandLab, Inc. has requested a variance from the
Comprehensive Zoning Ordinance Section 26.4.2 -8(c), Development
Standards for the property located at 4355 Fruitland Avenue in
the City of Vernon.
Section 26.4.2 -7(b) of the Comprehensive Zoning Ordinance
requires four (4) truck loading spaces for buildings with a gross
floor area of between 50,001 and 100,000 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
26.4.6 -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.
BrandLab has owned the property since October 1, 1999. At
the time the Application for Variance (The "Application ") was
filed the building was vacant. The building is still currently
unoccupied and undergoing remodeling efforts. BrandLab intends to
manufacture garments at this site.
The building was previously occupied by Emco Lighting, Inc.
The previous owners of the parcel, Mt. Vernon South Street,
-1-
Inc., had obtained a variance from the off - street loading
requirements of Section 26.4.2 -8 on February 7, 1995. See,
Resolution No. 6580. The variance was granted with the condition
that the usage of the non - conforming truck 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 and that all existing and future tenants
would be notified of these restrictions in their leases. Emco
previously used this site for manufacturing light fixtures.
The building, circa 1937, was constructed with ten (10)
truck loading spaces; eight (8) non - conforming spaces on Everett
Avenue and two (2) conforming spaces facing 49th Street. Everett
avenue has been a public street since 1981. The eight (8) non-
•
conforming spaces on Everett Avenue are recessed 29.7 feet into
the building and measure 9.0 feet in width. Since the spaces are
directly in front of Everett Avenue, trucks must back off the
public right -of -way in order to access the spaces.
When Mt. Vernon South Street, Inc. sold the property, the
previous variance expired. In an effort to move towards complete
conformance with the Comprehensive Zoning Ordinance the current
property owner, BrandLab, is currently remodeling the existing
building to create eight (8) additional conforming truck parking
and loading spaces on the north end of the property facing 49th
Street. These loading spaces will handle the large truck traffic
-2-
in and out of the property. The property owner, as a result of
remodeling the north side of his building, has complied with the
Zoning Ordinance frontage requirements to accommodate the truck
movement; installing new curbs, gutters and sidewalks. However,
the owner has requested a variance from Section 26.4.2 -8 to
continue using the eight (8) non - conforming truck loading spaces
facing Everett Avenue for the limited purpose of accommodating
small trucks and cars. The applicant is completely aware that
any truck using the non - conforming loading spaces may not extend
in the public right -of -way as shown on the Master Plan of
Streets, dated June 16, 1992, and has stated in his Application
that no vehicle longer than 25 feet will be allowed in the area.
Therefore, if the facility is to be re- occupied and used as
BrandLab intends, a new variance is required.
If BrandLab were to comply with a strict application of the
off - street parking, access and loading requirements, both a
financial hardship and various safety issues would arise. The
financial hardship is the cost of permanently closing Door C and
is almost $40,000.00. BrandLab's plans to improve their property
did not include such an expense. BrandLabs does not have the
money for this new construction and cannot obtain the required
financing. In addition, the closing of Door C wold require the
relocation of the racking system to areas near either Door A or
Door B. If the racks were moved to the area near Door B, then
-3-
the increase in vehicular traffic and foot traffic would increase
the possibility of individuals being harmed by the vehicles.
BrandLab states in its application that under the existing
conditions, the loading access with truck trailers 45 feet or
larger poses a dangerous and congested area. BrandLab proposed
to use only vehicles 25 feet or less in length. Specifically,
BrandLab will use only panel trucks, step vans, bobtail trucks,
and /or passenger vehicles. BrandLab will not receive or welcome
trucks 45 feet or greater in length. By inference, restrictions
such as these will improve the existing congestion. Since
BrandLab's proposed use will improve the congestion in the area,
it cannot logically adversely affect the surrounding area.
Similarly, since BrandLab will be reducing the site of
vehicles which will be permitted in the loading area, and will be
transferring the use of larger trucks to Doors A and B, located
on the north side of its property, less space in the area will be
needed.
According to Section 26.4.6 -4(d), the City Council may,
after making certain factual findings relieve the occupant of all
or part of the provisions of the off- street parking, access and
loading requirements of this chapter.
Staff finds the following to be true based on the facts
above:
1. As previously mentioned the applicant's building was
-4-
built with ten (10) truck loading spaces. Eight (8) of the ten
(10) truck loading spaces were considered non - conforming. The
building is currently being remodeled to accommodate eight (8)
conforming truck loading spaces, fronting 49th Street, in
compliance with the current Comprehensive Zoning Ordinance.
Strict application of the off - street parking, access and loading
requirements of the ordinance would require that the eight (8)
non - conforming truck spaces fronting Everett Avenue be closed or
recessed which would cause an unreasonable hardship on the
applicant in terms of finances and safety risks.
2. This building has been used for manufacturing in the past
and will be used for manufacturing. Although the site is vacant,
any use that complies with the permitted uses in the City of
Vernon Comprehensive Zoning Ordinance shall be consistent with
the permitted uses and will not adversely affect the surrounding
areas.
3. As previously mentioned, the applicant has stated that
larger truck traffic will occur at the north side of the building
and only vehicles of smaller lengths will be used at the shorter
non - conforming truck loading spaces on the west side to ensure
that vehicles will not extend into the street right -of -way while
in the loading space. As long as BrandLab, Inc. complies with
this condition, then 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.
4. The strict application of the off - street parking,
access and loading requirements of the ordinance creates an
unreasonable hardship.
5. The existing use does and will not adversely affect the
surrounding area.
6. The use does not require the number of spaces and /or
area specified by this ordinance.
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 eight (8)
recessed conforming 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) The variance is only applicable to the existing truck
loading doors facing Everett Avenue, on the property's
west side.
d) Existing truck loading in this area will be used only
-6-
for vehicles less than 25 feet long. No vehicle greater
than 25 feet in length will be allowed in this loading
area.
e) The only type of vehicles to be allowed in the area are
panel trucks, step vans, bobtail trucks and passenger
vehicles.
f) A sign shall be posted in front of the loading doors on
Everett Avenue which states the length limitation of
trucks that load in these loading areas.
g) All existing and future tenants shall be notified of
this restriction and a condition stating this shall be
placed in all future leases.
h) 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 26.4.6 -4(b).
-7-
BrandLab, Inc.
4355 Fruitland Avenue
Vernon, CA 90058
December 15, 1999
David Brearley, Esq.
City Attorney of Vernon
24440 S. Hacienda Blvd.
Suite 223
Hacienda Heights, CA 91745
Re: 4355 Fruitland Avenue, Vernon, California (the "Property ");
Application for Variance to Building Permit No. 74292 ( "Application ")
Dear Mr. Brearley:
We are distressed, both emotionally and financially, at the sequence of events that have developed
in connection with our request for a variance to the above - referenced building permit. We hope that the repeated
delays in reviewing our request is due to miscommunication and it is for this reason I am writing you on behalf of
our company to make a good - faith effort to arrive at a mutually beneficial agreement.
As you are aware, BrandLab has spent over $150,000.00 for off -site improvements including
curbs, gutters and sidewalks. In addition, BrandLab has agreed conceptually to deeding the 5 feet on three sides of
our Property to the City of Vernon in order to provide for additional sidewalk space, in reliance on the City's
representation that our Application for a variance would be granted.
We have done our best to satisfy all of the City's requirements as to building and construction in
and around our Property.
Notwithstanding the above, we were extremely disappointed that our Application was taken off
calendar for two City Council meetings for November 22nd and December 7th, respectively, at the last minute.
Moreover, at each stage of the approval process, as we satisfied the City's requirements, it appears that a new set of
standards were imposed on our company. Indeed, to my knowledge, there is not another building in Vernon that is
as compliant with City regulations as ours. Although we understand the City's desire to generally upgrade
construction within the City boundaries, when the final issue of closing the loading docks arose, we were skeptical
as to the City's true intentions, which appear to be arbitrary and inconsistently applied.
We understand now that the City has requested three final items in order to place our Application
on the agenda for the December 21st City Council meeting. These are: 1) a site plan showing the flow of goods in
and out of our building; 2) an explanation or narrative indicating what hardship our company will suffer if the
request for variance is not approved; and 3) since our Application, if approved, would only grant a variance for 10
years, we need to demonstrate to the City of Vernon as to how we expect to be in full compliance by 2009.
SITE PLAN SHOWING FLOW OF GOODS
The site plan attached hereto indicates the flow of goods on the Property. As you can see, the 14
foot door on the north side of the Property, is for ingoing and outgoing boxes of freight containing finished goods
( "Door A "). The back 8 foot doors, also located on the north side of the Property ( "Door B "), are for incoming
freight, which is primarily raw goods used in our manufacturing process (such as large bolts of fabric and trim) and
for contractor deliveries and pick -up. Door B is adjacent to the elevator. The side doors on Everett Street currently
contain four truck doors and eight positions ( "Door C "). Door C would be dedicated to unloading garments on
hangers only and will provide for a racking system where the garments are transferred to automatic racks to be
located inside our manufacturing plant. The rack rails extend to the edge of the loading door, so that the garments
are transferred directly from a rack located inside the truck. Therefore, the racks must be touching to provide a
smooth continuous loading process.
IRREPARABLE HARM AND UNDUE HARDSHIP
The City of Vernon has requested that we permanently lock down Door C. We have requested a
variance allowing us to use Door C for the racking system located in our plant. If the City denies our application, an
extremely hazardous situation will be created for our employees.
First, the permanent locking of Door C would require us to use Door A or Door B for unloading
hanging garments. As to Door A this is physically impossible because it would require that we extend the racking
system outside of the building on to the loading dock, thereby preventing us from locking our building at night.
As to Door B, using Door B for unloading hanging garments is extremely dangerous because all of
the goods are moved in and out of Door B either by forklift or dolly. In the event the racking system was installed at
Door B, the risk of the forklift getting caught in the hanging garments would be extremely high causing a high risk
of human injury.
Second, an extremely hazardous situation would be created having such heavy in flow and out
flow traffic out of any one door. Although we expect our peak production capacity to require no more than 7 trucks
daily, having this high flow of traffic at Door B would not create an optional flow of goods.
For all of the above reasons requiring our company to physically lock Door C would result in
undue hardship for our company and unnecessary increase expenditures for the City of Vernon.
COMPLIANCE BY THE YEAR 2009
As to compliance by the year 2009, we are currently in the process of forming a permanent
development plan as to how the property can be reconfigured in order to address the City's concerns. Moreover,
we believe, and commit to the City of Vernon, that by 2006 we will have all of the City's concerns addressed in the
most cost effective manner for the Company, yet, creating the most desirable business use in order to achieve the
City's development goals.
SOLUTION AND CONCLUSION
Although we do not have a final plan now, one of the solutions which we are considering is the
possibility of permanently closing 2 of the four Doors located at Door C, thereby reducing the Everett Street traffic.
As indicated above, we expect our peak production capacity to require no more than sever trucks daily, and since the
loading dock is twice the depth of the trucks, the physical configuration of Door C would minimally affect Everett
Street usage.
It is against this background that we request the our Application be granted. We believe that we
have delivered all documentation which the City has required of us in order to definitively be placed on the Agenda
for the meeting scheduled for December 21st. Please advise the undersigned if this is not the case.
We are most appreciative of the time and attention which you, and all city employees have given
to this matter. We want to be good members of the community but need to operate our facility in an economic and
safe manner.
Sincerely,
BrandLab, Inc.
1
L.
Jeffrey Shafer,
President
cc: Buchalter, Nemer, Fields & Younger
BrandLab, Inc.
4355 Fruitland Avenue
Vernon, CA 90058
December 27, 1999
Mr. Peter Pirnejad, Planning Assistant
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90058
4355 Fruitland Avenue Variance Application
Dear Peter:
Please accept this letter as our desperate appeal to the City Council of Vernon to approve our request and
grant a variance allowing the use of our loading doors on Everett Avenue due to financial hardship.
When we purchased the property it was essentially vacant, generating zero tax revenues, providing no jobs,
and was an eyesore in the community. The parking lot was the home of truckers who used it to park their
trucks, sleep overnight and dump their trash. Today, we feel the property is one of the nicest in the
community.
We purchased the property with a SBA loan that included a $460,000 allowance to improve the property
and optimize it for our manufacturing operation. Shortly after our financing was obtained, the City made
requests of us to make additional improvements to the property that would bring the building into
compliance with all of the city's year 2009 regulations. The requests included increasing the radius of an
intersection, building curbs, gutters and sidewalks, relocating fire hydrants and light poles, providing a
grant deed to the city for 5 feet of our property for future street - widening, etc., The total out of pocket cost
of the City's requests exceeded $155,000. The additional work requested by the City was a huge hardship
for us, as the funding package provided by the SBA would not cover the additional costs. Consequently,
we were forced to find additional financing, at a much higher cost, just to finance the City's requests.
We freely elected to make the improvements to show our intention of being an outstanding corporate
citizen and we hoped our willingness to comply with the City's wishes would be considered by the City
Council in reviewing our variance application.
At the City's further request, we have now considered relocating the racking system and permananity
sealing the doors on Everett. We have determined the financial hardship to be unbearable at this time. We
have received a bid from Donlon Construction, the general contractor working on our building, to seal the
doors on Everett at a cost of $33,765 (attached) and a bid from J.C. Rack Co. to relocate the racking at a
cost of $6,000 for a total cost of almost $40,000. We simply do not have the funds, or the ability to get
additional financing.
The hardship that would result from not granting us the variance would be catastrophic to our company.
We urge you to please grant us a variance to use the doors on Everett Avenue.
Sincerely,
BrandLab, Inc.
Jeffreyr. Shafer,
President
12./22/1999 12:32 7145284178
DONLON & SON CONST. PAGE 01
DEC 171999
Date: Wednesday, December 22, 1999
To: BC Ethic Clothing USA
Jeff Shafer
Phone: 323- 277 -7555
Fax: 323 - 277 -7553
From: Donlon & Son Construction Co.
Joe Donnellan
Phone: 714 -528 -0800
Fax: 714 -528 -4178
Pages: 5 incl. cover
Attached is the proposal for the overhead doors. Please
review and feel free to call me with any questions you
may have.
Thank you,
Joe
1322/1999 12:32 7145284178
DONLON & SON CONST. PAGE 02
P L A N N I N G * D E S I G N • C O N S T R U C T I O N
DONLON
&SON
CONS9U«ION CO.
December 22, 1999
Mr. Jeff Shafer
BC Ethic
4355 Fruitland Avenue
Vernon, CA 90058
Re: 4355 Fruitland Avenue
Dear Jeff,
Donlon & Son Construction Company is pleased to submit the following proposal for the removal of four (4) overhead
doors and fill in with masonry block. The work will be performed according to the following specifications.
Inclusions:
I. Engineering
a. Contractor has included structural engineering in this proposal.
2. Permits
a. As permit fees are unknown at this time, Contractor has excluded permit fees from this proposal.
3. Demolition
a. ' Provide for barricades where work takes place.
b. Saw cut and remove approximately one hundred and sixty (160) lineal feet of 4" concrete.
c. Demolition and removal of four (4) overhead doors.
4. Concrete
a. Foun and pour concrete footings for masonry block fill in.
5. Masonry
a. Construct eighteen (18) lineal feet of 15' high solid grouted masonry block wall in four (4) locations.
b. Insert re -bar dowels imbedded in masonry and concrete.
6. Painting
a. Waterproof and paint new masonry block wall.
7. Clean up
Upon completion of the project, contractor agrees to remove all construction- related debris and surplus
materials from the owner's property and leave said property in a neat and broom clean condition.
2 6 8 1 S a t u r n S t r e e t T E L 7 1 4- 5 2 8 - 0 8 0 0
Brea, C a l i f o r n i a 9 2 6 2 1 • F A X 7 1 4- 5 2 8 - 4 1 7 8
e -mail: DonlonNson @aol.com http: / /www.donlonandson.com
L I C E N S E N U M B E R 4 8 3 2 0 6
1.22/1999 12:32 7145284178
General Conditions
Supervision
Trash containers
Temporary facilities
Equipment Rental
Contractor's insurances
DONLON & SON CONST. PAGE 03
Exclusions:
l . Architectural drawings and building permit fees.
2. Any new or additional costs, if required by the City of Vernon Building Department
to bring the existing building up to code.
3. Investigation or removal of hazardous materials.
4. Any additional work not specifically stated in above proposal.
All work to be in accordance to local building codes and to be coxnplcted for the sum of Thirty Three Thousand, Seven
Hundred and Sixty Five Dollars, ($33,765.00). Thank you for considering Donlon & Son Construction Company for your
project. 1(1 can be of any further assistance, please call.
Sincerely,
J,6�eph Domiellan •
esident
2
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
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (626) 330 -5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588 -2761
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
December 2, 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
BrandLab, Inc. has requested a variance from the Comprehensive
Zoning Ordinance Section 26.4.2 -8(c), Development Standards for
the property located at 4355 Fruitland Avenue in the City of
Vernon. The variance is to allow the use of eight (8) 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.
Submitted herewith are the following documents:
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.
BVM:gst
Enclosure
Very truly yours,
Bruce V. Malkenhorst
City Clerk
Memo
Community 8ervioe. & War
To: Bruce V. Malkenhorst, City Administrator
From: Samuel "Kevin" Wilson, rector of Community Services & Water
Date: December 1, 1999
Re: VARIANCE - BrandLab, Inc. at 4355 Fruitland Avenue
BrandLab, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section
26.4.2 -8(c), Development Standards for the property located at 4355 Fruitland Avenue in the City of
Vernon. The variance is to allow the use of eight (8) 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 eight (8) conforming 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 26.4.6 -4(b).
SKW:pp
Attachments
• Page 1
C:\My DocumentsWariance's\Brandlab, IndMemo to City Adm nistrator.doc
STAFF REPORT
BRANDLAB, INC.
4355 FRUITLAND AVENUE
VARIANCE APPLICATION
November 30, 1999
The BrandLab, Inc. has requested a variance from the Comprehensive Zoning Ordinance
Section 26.4.2 -8(c), Development Standards for the property located at 4355 Fruitland Avenue in
the City of Vernon.
The building at 4355 Fruitland Avenue was previously occupied by Emco Lighting, Inc..
The owners of the Parcel, Mt. Vernon South Street, Inc., obtained a variance on February 7,
1995. 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 and that all tenants would be
notified of these restrictions. The building is currently unoccupied and undergoing remodeling
efforts. The previous use was manufacturing.
The building was constructed with ten (10) truck loading spaces; eight (8) non-
conforming spaces on Everett Avenue and two (2) conforming spaces facing 49th Street. The
eight (8) non - conforming spaces on Everett Avenue are recessed 29.7 feet into the building and
measure 9.0 feet in width. Since the spaces are directly in front of Everett Avenue, trucks must
back off the public right -of -way in order to access the spaces.
When Mt. Vernon South Street, Inc. sold the property, the previous variance expired.
According to Section 26.4.6 -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 and loading requirements
of this chapter. Therefore, if the facility is to be re- occupied, a new variance is required.
In an effort to be in conformance with the Comprehensive Zoning Ordinance the owner is
currently remodeling the existing building to created eight (8) additional conforming truck
parking and loading spaces on the north end of the property facing 49th Street. However, the
owner has requested a variance from Section 26.4.2 -8 to continue using the eight (8) non-
conforming truck loading spaces facing Everett Avenue. The applicant is completely aware that
any truck using the non - conforming loading spaces may not extend in the public right -of -way as
shown on the Master Plan of Streets, dated June 16, 1992.
Staff finds the following to be true:
a) As previously mentioned the applicant's building was built with ten (10) truck loading
spaces. Eight (8) of the ten (10) truck loading spaces were considered non - conforming. The
building is currently being remodeled to accommodate eight (8) conforming truck loading spaces,
fronting 49th Street, in compliance with the current Comprehensive Zoning Ordinance. Strict
application of the off - street parking, access and loading requirements of the ordinance would
require that the eight (8) non - conforming truck spaces fronting Everett Avenue be closed or
recessed which would cause an unreasonable hardship to the applicant.
b) This building has been used for manufacturing in the past. Although the site is vacant,
any use that complies with the permitted uses in the City of Vernon Comprehensive Zoning
Ordinance shall be consistent with the permitted uses and will not adversely affect the
surrounding areas.
c) As previously mentioned, the applicant 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 BrandLab, Inc.
- 2 -
complies with this condition, then 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 four (4)
truck loading spaces for buildings with a gross floor area of between 50,001 and 100,000 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 26.4.6 -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 eight (8) recessed conforming 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
-3-
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 26.4.6 -4(b).
f ,$
Pggme 1 of 4
APPLICATION FOR VARIANCE oN O`'
Gam'
Application is hereby made to the City of Vernon, petitioning for a variance for
the following described property:
Legal description (give exact legal description):
T.nc ArgP1Pc Cnhtlty Tax AccPCcnr'c ParrP1 NumhPrc6304- 023 -020, -022
General location (give street address): 41SS Fruitland Avenue, Vernon, 90058
Name of Applicant(s): RranciIih, Tnc., a California corporation
(print or type name of business)
Mailing address 4.355 Fruitland Avenue, Vernon, Ca. 90058 Phone No.(323)224-
6444
Record Owner(s) of property: Name Enduro Capital LLC, a California limited
liability company (213)
Mailing address 715 Lamar Street, Los Angeles, Ca. 9003Phone No.629 -9113
Property Owner(s) representative: Name Mr. Jeff Shafer
(213)
Mailing address 715 Lamar Street. Los Angeles, Ca. 90031 Phone No.629 -9113
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor) President of Applicant & : Written consent of owner(s) must be
Manager of Owner
attached.
Present use of property: Vacant Present Zoning: VEM
Proposed use of property: manufacturing. design, distribution and all office ust
associated with apparel manufacturing.
How long has owner held title to this property ?Since October 1, 1999
Are there any easements controlling the use of this property? No 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:
• _ •• Ik
truck loading doors facing
Everett Avenue, on property's west side. If variance is granted, existing
truck loading will be used ONLY for vehicles less than 25' long; no vehicle:
greater than 25' in length will ever be allowed in this loading area.
• • _ •
1 . - ..
rucks ste
v
ans bobtail trucks,
and /or passenger vehicles, owned and driven by Applicant's Sub- Contractors
`(for sewing, cutting, etc.) directed to existing west side loading. In no
ase s a �L11--';--c�-��. t e receive or welco e 45: or ter truck ere.
NOTICE TO P_ I�P�T ein the variance procecture it sha.�abe shown t o t
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:
The 4355 Fruitland Avenue facility was designed and built in c.1937 with
the majority of its loading doors facing Everett Avenue, which was until
very recently a private street and not open to public access. The change i
Everett Avenue's status is peculiar to this area of the City. As a result
Everett's change in status the Owner is spending significant monies to pro-
vide loading for modern day trailers (45' and greater) on other parts of tf
property. However, having the vehicles described above compete for loading
(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.
Currently properties in the immediate vicinty of 4355 Fruitland which enjoy
loading for trucks (many in excess of the self imposed limit to 25' length
Applicant will use) include 4340 49th Street and 4955 Everett Court. Both of
these properties feature loading that is far more problematic than this Varia
Application contemplates. A review of records for these two neighboring site
reveal that both have been granted variances (since 1989) in order to mainta
truck loading rights. Literal interpretation of the provisions of the Ordin
would deny 4355 Fruitland the rights enjoyed by these neighbors.
*access with the larger 45' and greater trailers would create a dangerous and con
gested area with both types of vehicles trying to manuever in a limited area.
Page 3 of 4
(3) That the special conditions and circumstances do not result from
actions of the applicant:
The conditions requirdng this Variance Application result from the design
of the facility in 1937 and from the change in Everett Avenue's status from
private to public street. In addition, the special circumstances arising
Property Owner (Enduro Capital LLC) deeding of its portion of Everett Avenu
in the Third Quarter of 1999 to the City of Vernon (at the request of the
City) should be considered.
(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:
As described in Paragraph 2 above, no special privelege for 4355 Fruitland
Avenue will be derived from the granting of this Variance Application. To
the contrary, approval of 4355 Fruitland's lariance Application will provide
the property with the same rights currently enjoyed by its immediate neighbo
(5) That the granting of such variance will be in harmony and not
adversely affect the Comprehensive General Plan:
The granting of this Variance Application will in no way adversly affect the
comprehensive general plan of the City. In as much as it is the objective of al
Vernon citizens and businesses to further the objective of decreasing truck con-
gestion on our streets; to make our streets safer and reduce traffic, and to
promote safety at every opportunity, approval of this Variance Application is
imperative. By segregating small vehicles less than 25' in length from the larg
45' (and greater) over the road trailers that visit the site, safety will be inc
eased Q.E.D. Additionally, the congestion on Everett Avenue will be significant
reduced as a result of requing fewer trucks through only one point of ingress /eg
ress to only one truck loading /staging area.
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
Are the required three (3) area maps attached? No /Yes
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 a 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.
Signed: ." �.. Date t t /?�. 117
prope ty owner(s) o owners representative
City of Vernon
Place:
Time:
•
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583 -8811
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may attend.
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Tuesday, December 7, 1999 at 5:00 p.m.
Applicant: BrandLab, 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 Public Hearing
Request:
Property Involved:
Review of the file:
Grant a variance to allow the applicant to utilize eight non-
conforming truck loading spaces.
4355 Fruitland Avenue
in the City of Vernon
(see reverse side)
•
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.
BRUCE V. MALKENHORST
City Administrator /City Clerk
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
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (626) 330 -5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588 -2761
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
November 24, 1999
Interested parties or property owners:
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 4355 Fruitland Avenue in the City of Vernon. The
applicant, BrandLab, Inc., is requesting a variance from Section 26.4.2 -8(c), Development
Standards, of the Comprehensive Zoning Ordinance to allow the use of eight (8) non - conforming
truck loading spaces. The non - conforming truck loading spaces face Everett Avenue and
measure 9.0 feet in width and 29.7 feet in length. The current Comprehensive Zoning Ordinance
requires truck loading spaces to be ten (10) feet in width and sixty five (65) feet in length. A
variance is requested to utilize these spaces with the condition that the loading spaces will be
restricted for 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 December 7, 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
owner.
SKW:pp
Enclosure
Very truly ours,
S. '•e1 Kevin Wilssn, P.E.
rector of Community Services & Water
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 24th day of November, 1999, post three (3) copies of:
NOTICE OF PUBLIC HEARING to be held 12/07/99, (see
attached copy) regarding a variance application for the BrandLab, Inc. to utilize 8
nonconforming truck loading docks at 4355 Fruitland Avenue in the City of Vernon.
One in each of the following places to wit: At the northwest comer 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.
3o�il'
November29, 1999 �✓
Date Peter Pimejad, Panning Assistant
State of California )
) ss.
County of Los Angeles )
q
On before me,.N -',=.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
SHARON L. JOHNSON
C.onrntddrxt 0 1225151
Notary Public - Canaria
Los Angeles County
My Gann. Expies Jun 21,2t>tx3
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 November 24, 1999 I mailed a copy of NOTICE OF
PUBLIC HEARING to be held on December 7, 1999 along with the attached letter
regarding a variance application for the BrandLab, Inc. to utilize eight (8)
nonconforming truck loading docks at 4355 Fruitland Avenue, to the owners, tenants and
interested parties on the attached lists, by United States Mail with postage prepaid.
Lucille Roybal- Allard
Congresswoman
255 E. Temple Street
Suite 1860
Los Angeles, CA 90012
ATTN: 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
Los Angeles County
Director of Planning
James Hertl Room 1390
320 West Temple Street
Los Angeles, CA 90012
Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
L.A. County Public Works
Mapping & Property Management
900 S. Fremont Avenue
10t Floor
Alhambra, CA 91803
Dave Karrker
California Water Service
5243 E. Sheila Street
Commerce, CA 90022
J.L 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
State Senator - 30th District
400 N. Montebello Boulevard
Montebello, CA 90640
Planning Department
2535 Commerce Way
Commerce, CA 90040
Planning Department
6330 Pine Street
Bell, CA 90201
Gloria Molina
Board of Supervisors
500 West Temple Street
Suite 856
Los Angeles, CA 90012
Planning Department
5220 Santa Ana Street
Cudahy, CA 90201
P.O. Box 4998
Whittier, CA 90607
Smooke - c/o Wellman Properties
405 Mateo Street
Los Angeles, CA 90013 -2219
Sidney R. Title
Market Properties, Inc.
5245 Pacific Concourse
Suite 190
Los Angeles, CA 90045
H.P. Long
Sweetener Products
2050 E. 38th Street
Vernon, CA 90058
Ellen Orlando
Karen Lehrer
2300 E. 11th Street
Los Angeles, CA 90021
Martha Escutia
State Assemblywoman
2650 Zoe Avenue 2"d Floor
Huntington Park, CA 90255
Dolores Petullo
Chamber of Commerce
3801 Santa Fe Avenue
Vernon, CA 90058
L.A. Unified School
Real Estate and Asset Management Branch
Environmental Review Unit
355 South Grand Avenue, Suite 500
Los Angeles, CA 90071
Mothers of East L.A.
Ms. Guiterrez
924 S. Mott Street
Los Angeles, CA
90023
Planning Department
4319 Slauson Avenue
Maywood, CA 90270
L.A. Unified School District
1425 S. San Pedro Street
Room 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 Boulevard
Vernon, CA 90023
Catellus Development Corp.
The Bradbury Building
304 S. Broadway, 4th Floor
Los Angeles, CA 90013 -1209
Atten: Brent P. Chappell
Connie M. Carrasco, President
Chem -Tech Systems, Inc.
3650 East 26th Street
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, 13th Floor
Long Beach, CA 90802
U.S. Cold Storage
4339 Fruitland Avenue
Vernon, CA 90058
General Mills
4309 Fruitland Ave
Vernon, CA 90058
CMD Partners
4340 District Blvd.
Vernon, CA 90058
Joe M. and Laura B. Sanchez
4810 Everett Avenue
Vernon, CA 90058
Joe M. and Laura B. Sanchez
4722 Everett Avenue
Vernon, CA 90058
John W. Janssen
1701 N. Main St
LA, CA 90012
Thomas & Eileen Bailey Trust
4726 Everett Avenue
Vernon, CA 90058
Charles Hargrave
4372 49th St
Vernon, CA 90058
Boris Boguslaysky
4949 Everett Court
Vernon, CA 90058
Harriet J. Belasco
3610 Fruitland Avenue
Maywood. CA 90270
L.A. Junction RR
4433 Exchange Avenue
Vernon, CA 90058
Young K & Shirley Yen
4833 Everett Ave
Vernon, CA 90058
Catellus Development Corp
4330 District Blvd.
Vernon, CA 90058
Joe M. and Laura B. Sanchez
4806 Everett Avenue
Vernon, CA 90058
A & M Realty
4371 E. 49th Street
Vernon, CA 90058
D &D Venutes
4425 E. 49th Street
Vernon, CA 90058
Aaron Magidow ..
Neil Toriello
4820 Everett Avenue
Vernon, CA 90058
Harriet J. Belasco
4405 Everett Avenue
Vernon, CA 90058
Sergio & Martha Ponce, et. al
3626 Fruitland Avenue
Maywood, CA 90270
Albert Bertrand, Sr et. al
3600 Fruitland Avenue
Maywood, CA 90270
Everett Properties
4340 49th St
Vernon, CA 90058
BRM Investment Co.
4803 Everett Avenue
Vernon, CA 90058
IWT Properties, LLC
4300 District Blvd.
Vernon, CA 90058
Joe M. and Laura B. Sanchez
4800 Everett Avenue
Vernon, CA 90058
Richardo & Virginia Alcedo Trust
4820 Everett Avenue
Vernon, CA 90058
Thomas W. & Eileen Bailey
4800 DeKalb Avenue
Vernon, CA 90058
Matin Rothstein Co
Yvonne Medkiff
4383 Fruitland Avenue
Vernon, CA 90058
Steve Fromer
4924 Everett Avenue
Vernon, CA 90058
Don Kischell
3620 Fruitland Avenue
Maywood, CA 90270
James & Glenda M. Flareau
5114 Everett Avenue
Maywood, CA 90270
James & Glenda M. Flareau
3617 E. 52nd Street
Maywood, CA 90270
Yvonne Medkiff
Martin Rothstein Co.
3598 Fruitland Avenue
Maywood, CA 90270
Geckler Industries, Inc.
3570 Fruitland Avenue
Maywood, CA 90270
Richard Honstrater
3538 Fruitland Avenue
Maywood, CA 90270
Saundra Hoyal Trust
5116 Maywood Avenue
Maywood, CA 90270
Ana E. Vasques
3539 E. 52 "d Street
Maywood, CA 90270
Rene M. Ponce
3531 E. 52"d Street
Maywood, CA 90270
Raul Portillo, Toscano Hermil et al
3563 E. 52nd Street
Maywood, CA 90270
Felipe & Maria Rosas
3575 E. 52 "d Street
Maywood, CA 90270
Stephen & Denise Maynard
3587 E. 52nd Street
Maywood, CA 90270
Jaime & Maggie Serrano
3619 E. 52nd Street
Maywood, CA 90270
Geckler Industries Inc.
3570 Fruitland Avenue
Maywood, CA 90270
Evelyn R. Zillgitt
3546 Fruitland Avenue
Maywood, CA 90270
Richard Honstrater
3532 Fruitland Avenue
Maywood, CA 90270
Saundra Hoyal Trust
3531 52 "d Street
Maywood, CA 90270
Miguel & Luisa Salgado
3541 E. 52 "d Street
Maywood, CA 90270
Miguel & Luisa Salgado
3555 E. 52nd Street
Maywood, CA 90270
Hector & Guadalupe Ramirez Trust
3567 E. 52nd Street
Maywood, CA 90270
Teodoro and Margarita Ortiz
3577 E. 52nd Street
Maywood, CA 90270
Luis Maria Achig
3589 E. 52nd Street
Maywood, CA 90270
Hector & Genoveva Barraza
3623 E. 52nd Street
Maywood, CA 90270
Richard Honstrater
3580 Fruitland Avenue
Maywood, CA 90270
Evelyn Zillgitt
3546 Fruitland Avenue
Maywood, CA 90270
Saundra Hoyal Trust
3530 Fruitland Avenue
Maywood, CA 90270
Arturo & Armid Lemus
3535 E. 52 "d Street
Maywood, CA 90270
Richardo & Maria Avelar
3547 E. 52 "d Street
Maywood, CA 90270
Alberto & Ernestina Lopez
3539 E. 52nd Street
Maywood, CA 90270
Hector & Guadalupe Ramirez Trust
3569 E. 52nd Street
Maywood, CA 90270
Hector Nevarez
3583 E. 52 "d Street
Maywood, CA 90270
Filberto and Matilde Claros
5117 Everett Avenue
Maywood, CA 90270
CHECK LIST FOR PREPARATION OF DEVELOPMENT /PLOT PLANS
ZONE VARIANCE
Note: Show all of the following data in detail on the Development /Plot
Plans submitted.
1. Site address, north arrow and scale (no less than 1 " =30').
2. Overall dimensions of entire property.
Location, by dimension, and proper labeling of all:
(a) Buildings (existing and proposed);
(b) parking and loading areas, including layout and size of
parking stalls and maneuvering areas;
(c) driveways, alleys and accessways, including entrances to and
from public streets;
(d) site drainage;
(e) all existing or proposed public or private easements;
(f) floor plan if applicable of the buildings or buildings showing
interior features affected by the variance;
(g) circulation plan, if the application requests variation of
parking, loading or related features, showing the location and
width of ingress and egress points to the site, the location
and dimensions and turning radii of all parking and loading
areas.
BUSINESSES THAT WILL PREPARE RADIUS MAPS & PROPERTY OWNERS LIST
West Coast Mapping
Phone Number (310). 973 -4619
2. DBI Design
Phone Number (213) 746 -6630
Contact Rand Freeman
3. Foothill Project Management
117 -1/2 28th Street
Newport Beach, Ca :92660
Phone Number (714); 673 -3565
Contact Sandra Gurin
4. T- Square Mapping Service
P.O. Box 605
La Canada, Ca 91012
Phone Numbers (626) 403 -1803
(213) 255 -9805
FAX (626) 403 -2972
Contact Darla Hammond or Anna Smit
Affordable Radius Maps
203 Argonne Avenue, Suite 141
Long Beach, Ca 90803
(310) 434 -2835
Contact Michael Pauls
GC Mapping Service
711 Mission Street, Ste. B
So. Pasadena, Ca 91030
Phone Numbers(626) 441 -1080
(1 -800) 400 -MAPS
FAX: (626) 441 -8850
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 Angles
County Tax Assessment Roll.
This list was prepared on
October 23, 1999 from the
Tax Roll maintained at North American Title Company, 520 N. Brand Blvd.,
(name and location of office)Glendale, CA 91203
It is understood that the accuracy and completeness of this list is the
responsibility of the applicant.
Signed:
.2)
erson who prepared li t)
On this 4th day of November 1999, before me the
undersigned a Notary Public in and for said County and State,
personally appeared JUSTIN BEIMFORDE
brommetaxme, or proven to me to be the
instrument.
person that executed the within
WITNESS my hand and official seal.
Notary Public in and id C and State
My commission exp res:
Signed:
17/JUL/2001
VARIANCE FILING INSTRUCTIONS
City of Vernon /
4305 S. Santa Fe Avenue
Vernon, CA 90058
D. Purpose and Intent of a Variance
r
Variances or exceptions from the terms of the Zoning Ordinance shall be granted only when, because of
special circumstances applicable to the property, including size, shape, topography, location, or
surroundings, the strict application deprives such property of privileges enjoyed by other property in the
vicintity and under identical zoning classifications.
This application specifically addresses Section 26.4.2 -7(e) and its application to the truck loading enjoyed
along the west wall of the Premises (previously described (Paragraph B2 & B5)
The subject property ( "Premises ") has previously been described (Paragraph B2 & B5). Improvement to
the Premises was constructed circa 1937; Applicant has submitted detailed plans to establish conformance
with all aspects of most recent City Zoning Ordinance, including but not limited to truck loading.
Council may note that Applicant's prior planning for improvement of the Premises, as previously
submitted to City Staff, will result, in addition to compliance for an outstanding section of the area
referred to as "CMD", grant to the City a significant portion of its property along Everett Avenue.
As previously mentioned, Premises is located in that part of the City referred to as "CMD"; consequently,
special circumstances applicable to the property exist. Regarding size and shape, Applicant's previously
mentioned plans to convey a significant portion of its property along Everett Avenue will result in a
decreased parcel size and reduced total square footage from the total Premises as enjoyed by previous
occupants.
Permitted loading along Premises' improved western wall has been granted to the site for occupants of the
Premises through 1999. As acknowledged by City Staff, existing loading and unloading of trucks is
granted by variance to the Premises. This application to continue loading rights currently granted seeks to
further define the type of vehicles and activity that shall occur on the Premises' currently permitted
loading along Everett Avenue.
Consistent with most improvements in the "CMD ", Premises was conceived, designed, and built without
contemplation of modern receiving and quality control inspection procedures of modern apparel
manufacturing operations. These operations involve periodic deliveries from sub - contractors; sub-
contractors deliver in "step vans ", "bob- tail" trucks, and under no circumstance include "over the road
tractor- trailers ", "containers ", or semi - trailers ( "45 footers" or "60 footers ").
The western loading area of the Premises (currently permitted; see above), as proposed by Applicant
would exist strictly for the receipt of deliveries by sub - contractor trucks as described above; further,
Applicant would prohibit parking, loading, or unloading of "containers ", or trailers in excess of 45' at
western -most loading of the Premises and restrict loading, unloading of "containers ", and/or trailers in
excess of 45'to the reconstructed loading area along the Premises' improved northern wall (construction
permits for which are previously approved by City Staff).
This variance application seeks to continue loading rightfully permitted to current occupant(s) of the
Premises. Following diminishment of total land area (by virtue of Applicant's deed by of Everett Avehue
portion to the City of Vernon) application's approval will limit the size of trucks received/admitted to
Western-Most Loading Area (W- M.L.A.) in order to assure no exposure/protrusion upon Everett Avenue
and insuring free- flowing traffic on Everett Avenue, 24 hours per day. Under no circumstance would
vehicles of an sort b . - rmitted alon • W- M.L.A. at an time unless such vehicle can be entirel
enclosed within the Premises' recessed loading area and, following enclosure, such vehicle shall not
preclude closing and locking all loading doors (as currently exist) along W- M.L.A.
Depth of current W -M.L.A is detailed in attached Addenda and area of W -M.L.A shall not increase as a
result of variance granted as proposed. Granting of the variance for receipt and off - loading specific
vehicles (dimensions described above) does not constitute a grant of special privileges inconsistent with
limitations upon other properties in the vicinity and zone; to the contrary, many properties in the portion
of "C.M.D. "which includesPremises (described by attached maps and exhibits) are subject to variances for
truck loading. Specific adjacent properties include 4340 49th Street (SWC 49th St./Everett Avenue;
variance granted 6/7/94 to Scott E. Campbell Co. Inc.) and 4955 Everett Court (variance granted 7/3/90 to
Andre Collection Inc.). Non - adjacent variance for same purpose exists at 4520 Everett Avenue, among
others.
Exhibits to the Application show in detail parameters of truck loading for properties adjacent and
surrounding the Premises. Contrast the depth and dimensions of loading currently permitted for these
neighbors with the dimensions of W- M.L.A.
Given the volume of variances in the immediate area, the strict application of the ordinance deprives the
Premises of privileges enjoyed by other property in the vicinity (and under identical zoning
classifications). Granting to the City a portion of Everett Avenue, restricting of W- M.L.A. loading to
vehicles capable of enclosure and security within structural walls of Premises and improving public access
on Everett Avenue restricts Applicant's property size, shape, and topography in an effort to achieve city
Zoning objectives. In fact, application is submitted precisely because Applicants business requires
receiving of goods in manner as specifically described below:
As Applicant's use and business are permissible, and no zone regulation governing the Premises require a
conditional use permit, Applicant requests immediate approval of its application for variance to provide
for truck loading in the Western-Most Loading Area of the property located at 4355 Fruitland Avenue,
Vernon.
PROPERTY OWNERS LIST
Los Angeles County Tax Assessor's Parcel 6304 - 023 -020, -022
4354 Fruitland Avenue, Vernon Page
(Applicants Address)
I of (P
Parcel Owner
Street
Address
U.S. Cold Storage
012 Hawaii of
City
State /Zi
4339 Fruitland Ave
Vernon 900E
L.A. Junction RR
None: Mail to
4433 Exchange Ave.
007, -08 General Mills
-09; 0T0
4309 Fruitland Ave.
Vernon 900
Vernon 900:
ernon.9005
L.A. Junction RR
Vernon 900
Ylpeuhng K $ Shirley
4833 Everett A
Vernon 90
BRM Investment Co.
4803 Everett Ave.
L.A. Junction RR None
Ve3TET8
Vernon 9005
CMD Partners
Vernon
90
4330 DistrictBlvd.
ernon 90058
6304 023
Vernon 900
PROPERTY OWNERS LIST
Los Angeles County Tax Assessor's Parcel Number 6304- 023- 020, -022
PP
ican s Address
Page 2
Key # Book Pag- Parcel Owner
Street
Address
City
State /Zip
® 6304 025 002 Joe MSaAchg.yra B.
4810 Everett Ave. ernon 9005
6304 02S 003
Joe M. & Laura B.
Sanchez
4806 Everett Ave.
Vernon 90U
6304 025 004
Joe M. & Laura B.
Sanchez
4800 Everett Ave. Vernon 90
0
6304 025 005
Joe M. $ Laura B.
Sanchez
m 6304 025 006 A & M Realty
4722 Everett Avenue ernon 9005
4371 E. 49th Street Vernon 900
4) 6304 025 007
m 6304 025 008
4
6304 025 009
Ricardo & Virginia
Alcedo Trust
•
Ricardo & Virginia
Alcedo Trust
ernon
4820 Everett Avenue ' ernon 9005
Thomas $ Eileen
Bailey Trust
4726 Everett Avenue ' ernon 9005
m 6304 025 010,
011
0
John W. Janssen
NONE: Mail to
1701 N. Main Street
Los Angele
L.A 90012
6304 025 014
D $ D Ventures
4425 E. 49th Street Vernon 900
0
Thomas W. & Eileen
6304 025 019 Baile
4800 DeKalb Avenue
rnon 9005:
Aaron Magidow
6304 025 020 Neil Toriello
4820 Everett Avenue Vernon 9005
PROPERTY OWNERS LIST
Los Angeles County Tax Assessor's Parcel Number 6304- 023 -020, -022
4355 Fruitland Avenue, Vernon
Page 3 of
(Applicants Address)
Parcel
Martin RothsteinCo
Yvonne Medkiff
6304
Charles Hargrave
4383 Fruitland Avenue
4372 E. 49th Street
City
State /ZiF
`t00SY
Vernon 90
ernon 900
Harriet J. Belasc
4405 Fruitland Avenue
Steve Fromer
4924 Everett Avenue
Boris Boguslaysky
4949 Everett Court
PROPERTY OWNERS LIST
Los Angeles County Tax Assessor's Parcel Number 6304 - 023 - 020, -022
4355 Fruitland Avenue, Vernon Page 4 of
(Applicants Address)
Parcel Owner
Street
Address
6311 16
6311 016
Sergio $ Martha
007 Ponce, et. al
008,009 Don Kischell
3626 Fruitland Ave.
3620 Fruitland Avenue
aywood
90270
Maywood
90270
NONE: Mail to 3620
ruitland Ave. Ma woo
Maywood
90270
6311 016
Harriet J. Belasco
3610 Fruitland Avenue
6311 016
12 Albert Bertrand, S-
et. al
013 James $ Glenda M.
3600 Fruitland Avenue
014 James M. & Bessie
Birr-11
5114 Everett Avenue
3617 E. 52nd Street
6311 016
3619 E. 52nd Street
6311 016
016 Hector & Genoveva
Barr.z.
3623 E. 52nd Street
Maywood
90270
aywood
90270
aywood
90270
aywood
90270
Maywood
90270
PROPERTY OWNERS LIST
Los Angeles County Tax Assessor's Parcel Number 6304 - 023 -020, -022
43SS Frei tJ anal a e vern� Page 5
(App cants Address)
Parcel Owner
Street
Address
Ci ty
State /Zi
6311 017
6311 017
6311 017
Yvonne Medkiff;
001 artin Rothstein Co
3598 Fruitland Ave.
Maywood
0270
Richard Honstrater 3580 Fruitland Avenue
6311" 017
6311 017
6311 017
velyn Zillgitt.
3546 Fruitland Avenue
6311 017-
Maywood
90270
aywood
90270
aywoo•
90270
Maywood
90270
aywood
90270
6311 017
Richard Honstrater
3532 Fruitland Avenue
017 045
Saundra Hoyal Trus-
3530 Fruitland Avenue
6311 017 046
a029$
Saundra Hoyal Trust
3530 Fruitland Avenue
6311 017 020
6311 017 021
Saundra Hoyal Trus. 5116 Maywood Ave.
Saundra Hoyal Trus7 None: Mail to 3530
Fruitland Avenue
Maywood
90270
aywood
90270
aywood
90270
6311 017
6311 017
Maywood
Arturo 8, Armida
Lemus
3535 E. 52nd Street
Maywood
90270
6311 017 024
Ana E. Vasquez
3539 E. 52nd Street
Maywood
70
Maywood90270
6311 017 026
6311 017 027
Ricardo $ Maria
Avelar
Rene M. Ponce
3547 E. 52nd Street
3531 E. 52nd Street
0
6311
Maywood
90270
Maywood
90270
017
028
Miguel $ Luisa
Salgado
3555 E. 52nd Street
Maywood
90270
PROPERTY OWNERS LIST
Tax Assessor's Parcel Number 6304- 023 -020; -022
4355 Fruitland Avenue, Vernon
(Applicants Address)
Page 6
Key it Book
Paq Parcel Owner
029 Alberto &
Lopez
030 Raul Portil
Toscano Her
Hector $ G
031 Ramirez Tru
032 Hector $ G
Ramirez Tr
033 Felipe $ M
Rosas
034 Teodoro &
Ortiz
035 Hector Nev
036 Stephen &
Maynar
037 Luis & Mari
038 Filberto &
Claros
5117 Everett Avenue
aywoo
90270
Street
City
Address
State /Zi•
Ernestina
3539 E. 52nd Street
Maywood
9F)270
lo,
mil et al
3563 E.-52nd Street
Maywood
90270
uadalupe
st
3567 E.
52nd Street
Maywood
90270
uadalupe
ust
3569 E.
52nd Street
Maywood
c0270
aria
3575 E.
52nd Street
Maywood
90270
Kargarita
arez
3577 E.
3583 E.
52nd Street
52nd Street
Maywood
9 270
Maywooa
90270
)enise
1
3587 E.
52nd Street
Maywood
90270
a Achig
3589 E.
52nd Street
Maywood
90270
Ratilde
_
5117 Everett Avenue
aywoo
90270
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
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (626) 330 -5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588 -2761
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058 -0805
December 30, 1999
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
11 7 9
JAN 0 3 2000
CITY ADMINISTRATOR'S
CITY OF VERNON OFFICE
Re: BrandLab, Inc. Application for Variance
Dear Council Members:
On November 4, 1999, BrandLab, Inc. ( "BrandLab ")
submitted an "Application for Variance" (the "Application ") to the
Community Services Department ( "Community Services "). Notice of
the required public hearing was sent out by Community Services on
November 24, 1999. The public hearing was scheduled for December
7, 1999. On December 7, 1999, the public hearing was begun and
deferred because certain factual information needed to support the
variance had to be gathered.
In response to the City Council's action of deferring the
public hearing, BrandLab sent a letter to the City Attorney's
office. This letter, dated December 15, 1999, raised several
issues which must be addressed in order to establish a clear record
of what has transpired in relation to the consideration of
BrandLab's Application. The issues can generally be broken down
into the following categories of allegations: (1) delay in the
processing of the Application; (2) conditions for granting the
variance; and (3) the City's arbitrary actions and inappropriate
intentions. Each of these issues will be addressed separately
below.
City Council
December 30, 1999
Page 2
DELAY IN THE PROCESSING OF THE APPLICATION
BrandLab alleges that the City has repeatedly delayed the
review of its variance and that hearings on its variance were
taken off calendar on November 22, 1999 and December 7, 1999.
These facts are incorrect.
Pursuant to Sec. 26.5.1 -4, following the presentation of
a completed application to Community Services, the City Clerk shall
set the matter for a hearing in not less than ten days or more than
sixty days and shall give notice of the time and place of hearing
and the purpose thereof in the manner provided for in the Code.
Under Sec. 26.5.1 -5, if from the facts presented at the public
hearing or by an investigation at the instigation of the City
Council, the City Council makes the findings required in Sec.
26.5.1 -6 and finds the variance should be granted, then a variance
may be granted.
At the time the Application was filed it was explained to
BrandLab that there was insufficient time to review the Application
and provide adequate notice of the requisite public hearing in
order to have the matter placed on the November 23, 1999 City
Council Agenda. On November 24, 1999, the public hearing notice
was sent out with a hearing date of December 7, 1999. On December
7, 1999, the public hearing was begun, but was deferred for
additional consideration. On December 21, 1999, the matter was
again deferred in order to allow the City time to respond to the
BrandLab letter of December 15, 1999. The matter is currently
scheduled for January 4, 2000. Since a hearing is to be set
between 10 and 60 days after the completed application is received,
and the hearing in this case was set within that time frame, the
requirements of the Code have been met.
The Code requires the City Council to make its decision
on the application within 30 days after the conclusion of the
hearing and to mail a notice of such decision to the applicant.
Since the hearings have not been concluded, a decision does not yet
have to be rendered.
CONDITIONS FOR GRANTING THE VARIANCE
BrandLab asserts that it has been asked by the City to
deed property to the City in connection with the variance. The
implication by BrandLab is that the City will grant the variance if
BrandLab deeds certain property to the City.
City Council
December 30, 1999
Page 3
The City never told BrandLab the granting of a variance
to BrandLab was conditioned on the deeding of five feet of
property. While the issue of deeding property was previously
discussed with Community Services staff, it was related to the
frontage requirements associated with BrandLab's improvements to
the property, not the off- street loading requirement variance.
In or around June, 1999, Community Services was contacted
by a representative of the property owner regarding improving the
building located on the site. Community Services staff informed
the property owner that future building improvements may trigger
compliance with certain frontage requirements in the City's Zoning
Ordinance. The property owner was also informed that the west wall
of the building was located approximately 5' 2 ?" into the public
right -of -way. It was explained that if improvements were made to
the building, new curbs, gutters and sidewalks would have to be
constructed. It was in this context that the issue of deeding five
feet of property to the City arose.
BrandLab states that it has spent over $150,000.00 for
off -site improvement such as curbs, gutters and sidewalks. On June
22, 1999, the Community Services staff sent a letter to the
property owner making it clear that certain improvements might
trigger compliance with various frontage space requirements in the
Zoning Ordinance. The money spent by BrandLab in new curbs, gutters
and sidewalks had to do with the frontage requirements triggered by
the improvements to its building, not as a condition for the
variance.
THE CITY'S ALLEGED ARBITRARY ACTIONS
AND INAPPROPRIATE INTENTIONS
BrandLab states in its December 15, 1999 letter,
"Moreover, at each stage of the approval process, as we satisfied
the City's requirements, it appears that a new set of standards
were imposed on our company." BrandLab's contention is incorrect.
The Vernon Code allows for a variance to be granted only if certain
factual findings are made by the City Council. The City Council is
also allowed to seek additional information in order to make their
requisite factual findings. While BrandLab wishes to characterize
the City's actions as imposing new standards, it was in reality the
City's attempt to obtain the necessary factual information to
support an otherwise deficient application.
City Council
December 30, 1999
Page 4
Similarly, BrandLab states, "Although we understand the
City's desire to generally upgrade construction within the City
boundaries, when the final issue of closing the loading docks
arose, we were skeptical as to the City's true intentions, which
appear to be arbitrary and inconsistently applied." This too is
incorrect. The City has a mandate to bring the buildings within
its jurisdiction into compliance with its Zoning Ordinance,
including its off - street loading requirements. The City Council
also has authority to grant variances, based upon specific factual
findings, when the strict application of the zoning requirements
would create an unreasonable hardship on a person. The factual
findings which must be made are necessary to avoid arbitrary and
capricious decisions. It is ironic then that in attempting to
garner the facts, sufficient to make the required factual findings
to approve BrandLab's variance, that BrandLab would allege the City
is acting in an arbitrary manner.
THE VARIANCE APPLICATION
The Facts
Apparently, the BrandLab building was originally
constructed around 1937, with the loading doors facing Everett
Avenue. Everett Avenue runs along the west side of the property.
49th Street is to the north. BrandLab contends that until very
recently, Everett Avenue was a private street, not open to public
traffic. A review of the City's records shows that Everett Avenue
has been a public street since 1981.
BrandLab further contends that as a result of the change
in the street's status from private to public, BrandLab has had to,
presumably, reconstruct its building to add loading doors at the
north side facing 49th Street to accommodate its loading needs.
BrandLab also states in its Application, "having the vehicles
described above compete for loading access with the larger 45' and
greater trailers would create a dangerous and congested area with
both types of vehicles trying to maneuver in a limited area."
The building was previously owned by Mt. Vernon South
Street Inc. ( "Mt. Vernon "). On February 7, 1995, Mt. Vernon
obtained a variance from the requirements of Sec. 26.4.2 -8 for off -
street loading. See, Resolution No. 6580. The findings supporting
Mt. Vernon's variance were that compliance with the requirement
that the loading spaces be 10 feet wide and 65 feet long would
create an unreasonable hardship and that Mt. Vernon had "no plans
to expand or alter the building configuration and that the existing
City Council
December 30, 1999
Page 5
truck loading space is sufficient for its intended use." BrandLab
has cited to the fact that its predecessor -in- interest, Mt. Vernon,
had obtained a variance and implies that it is entitled to a
continuation of this variance and is just seeking to redefine the
terms of that variance.
BrandLab has also stated that currently its neighboring
properties enjoy the benefits of variances from the City's loading
requirements for loading situations that are far more problematic
than BrandLab's and that "[g]iven the volume of variances in the
immediate area, the strict application of the ordinance deprives
the Premises of privileges enjoyed by other property in the
vicinity (and under identical zoning classifications)." Indeed,
variances were granted to the owners of neighboring properties;
Andre Collection, Inc. on July 3, 1990 and Scott E. Campbell on
June 7, 1994. See, Resolution No. 5782 and No. 6444. These
variances pertained to the loading space requirements of Sec.
26.4.2 -8. As with Mt. Vernon, one of the findings for each
property owner was that they were not planning to expand or alter
the building configuration and the existing truck loading space was
sufficient for their use.
In its December 15, 1999 letter, BrandLab contends that
if it must comply with a strict application of off- street loading
requirements, then this would require locking Door C (the current
site of the loading doors on Everett Avenue). If Door C is
permanently locked, then, irreparable harm and undue hardship on
BrandLab will result because BrandLab would have to relocate and
reinstall its garments racking system at Door A, which would
prevent BrandLab from locking its building at night.
Alternatively, if the racking system was placed at Door B, then the
increased vehicular and foot traffic in the area would present a
high risk of human injury.
On December 27, 1999, BrandLab sent a letter to Community
Services supplementing its Application. BrandLab explains that if
it were to permanently close Door C, and relocate the garment
racking system, they would suffer dire financial hardship.
Specifically, it would cost them almost $40,000.00 to do this work.
BrandLab does not have these funds.
The Legal Standards
According to Sec. 26.4.6 -4(c), where insufficient space
exists on the lot or parcel for compliance with the size
requirements of the off- street loading provisions in the Zoning
Ordinance, the size of the existing loading docks shall be brought
City Council
December 30, 1999
Page 6
into compliance at the time of any changes in use, occupancy,
expansion, structural alteration of the building or within five
years of the effective date of the chapter, whichever shall occur
first. Sec. 26.4.2 -8(c) requires that the truck loading spaces
shall be a minimum of 10 feet wide and 65 feet long.
Pursuant to Sec. 26.5.1 of the Code of the City of
Vernon, a variance or exceptions from the terms of this chapter
shall be granted only when, because of special circumstances
applicable to the property, including size, shape, topography,
location or surroundings, strict enforcement deprives such property
of privileges enjoyed by other property in the vicinity and under
identical zoning classification.
According to Sec. 26.5.1 -2, the City Council has
authority to grant a variance if practical difficulties,
unnecessary hardships, or other results inconsistent with the
general purpose of this chapter result through its strict and
literal interpretation. Under Sec. 26.5.1 -3, the mere existence of
a peculiar situation which will result in unnecessary hardship to
the applicant if the chapter is enforced does not necessarily
require the granting of a variance. The granting of a variance
must not constitute a "special privilege" inconsistent with the
limitations on other nearby properties.
If the variance requested is one pertaining to the off -
street parking, access and loading requirements in Sec. 26.4.6 -4,
then the findings that must be made in lieu of those in Sec. 26.5.1
are: (1) the strict application of the off - street parking, access
and loading requirements of the Ordinance creates an unreasonable
hardship; (2) the existing use does and will not adversely affect
the surrounding area; and (3) the use does not require the number
of spaces and /or area specified by this Ordinance.
BrandLab' Argument
BrandLab's original argument in support of its
Application was that a variance was granted to its predecessor in
interest, Mt. Vernon. BrandLab argues that the variance approved
for Mt. Vernon was granted to the premises and its Application is
only intended to further define the type of vehicles and activity
that shall occur on the Premises. This argument is misplaced
because variances do not run with the land.
City Council
December 30, 1999
Page 7
BrandLab also argues that the variance should be granted
because it did not have to make the improvements it made to its
property. BrandLab's commitment to the development of the City is
laudable, but is not one of the factual findings that is to be made
in order to grant a variance. It should be noted, however, that
BrandLab's actions of improving their building and complying with
various Zoning Ordinance frontage requirements is consistent with
the City's policy of moving property owners towards compliance with
the Zoning Ordinance.
BrandLab next argues that if the variance is denied, it
will be treated differently and denied a privilege granted to other
property owners. This would constitute a hardship. Such is not
the case. The variances to Mt. Vernon, Andre Collection, Inc. and
Scott E. Campbell were granted because compliance with the
requirements of Sec. 26.4.2 -8 would be a hardship because these
business would have to undertake remodeling of their buildings that
they were not otherwise planning on doing. In the instant case,
BrandLab is remodeling the building. When BrandLab's predecessor
was in the same factual situation as other property owners, it was
treated the same. When the factual situation changed, the granting
of a variance based on an old factual situation would not be
reasonable.
In its December 15, 1999 letter, BrandLab argues that the
hardship it faces is that the closing of Door C would require
BrandLab to relocate its racking system, thus either preventing it
from closing its loading doors at night or increasing vehicular and
foot traffic at another loading door. BrandLab has again
supplemented its Application now with a projected $40,000.00 cost
estimate to close Door C and relocate the racking system.
Correct Legal Analysis
There is insufficient space on BrandLab's lot for
compliance with the size requirements of the off - street loading
provisions of the Zoning Ordinance, specifically Sec. 26.4.2 -8.
Such a finding was made in Resolution No. 6580. Since October of
1999, the ownership and occupancy of the subject property has
changed. In addition, BrandLab has undertaken the structural
alteration of the building located on the property. Given these
facts, BrandLab was required to comply with the loading dock
requirements of the Vernon Code or seek a variance.
City Council
December 30, 1999
Page 8
BrandLab has opted to seek a variance. The three
findings that must be made by the City Council are: (1) the strict
application of the off- street parking, access and loading
requirements of the Ordinance creates an unreasonable hardship; (2)
the existing use does and will not adversely affect the surrounding
area; and (3) the use does not require the number of spaces and /or
area specified by this Ordinance.
If BrandLab were to comply with a strict application of
the off- street parking, access and loading requirements, both a
financial hardship and various safety issues would arise. The
financial hardship is the cost of permanently closing Door C and
relocating the garment racking system. The cost estimate to do so
is almost $40,000.00. BrandLab's plans to improve their property
did not include such an expense and would present a financial
hurdle BrandLab cannot overcome. In addition, the closing of Door
C would require the relocation of the racking system to areas near
either Door A or Door B. If the racks were moved to an area near
Door A, BrandLab could not close Door A, thus exposing BrandLab to
security and theft problems. If the racks were moved to the area
near Door B, then the increase in vehicular traffic and foot
traffic would increase the possibility of individuals being harmed
by the vehicles. These factors clearly support a finding of
unreasonable hardship.
BrandLab states in its application that under the
existing conditions, the loading access with truck trailers 45' or
larger creates a dangerous and congested area. BrandLab proposes
to use only vehicles 25' or less in length. Specifically, BrandLab
will use only panel trucks, step vans, bobtail trucks, and /or
passenger vehicles. BrandLab will not receive or welcome trucks
45' or greater in length. By inference, restrictions such as these
will improve the existing congestion. Since BrandLab's proposed
use will improve the congestion in the area, it cannot logically
adversely affect the surrounding area.
Similarly, since BrandLab will be reducing the size of
vehicles which will be permitted in the loading area, and will be
transferring the use of larger trucks to Doors A and B, located on
the north side of its property, less space in the area will be
needed.
City Council
December 30, 1999
Page 9
Since all three findings are factually supported by the
Application, as supplemented by the December 15th and December 27th
letters, and the Zoning Ordinance provides that nonconformities may
continue for a reasonable period of time, the City Council may
grant the variances if it is satisfied with the sufficiency of the
factual findings.
Very truly yours
Eduardo Olivo
City Attorney for the
CITY OF VERNON
EO:mc
cc: Bruce V. Malkenhorst
City Administrator
cc: BrandLab, Inc.
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