Resolution No. 7526s
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RESOLUTION NO. 7526
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING EXCEPTIONS FOR THE PROPERTY
LOCATED AT 2300-2382 EAST 48' STREET AND 2275 EAST
49' STREET TO SECTION 26.3.5-2 OF CHAPTER 26 OF THE
VERNON CITY CODE AND APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT ESTABLISHING THE TERMS
AND CONDITIONS OF THE EXCEPTIONS BY AND BETWEEN THE
CITY OF VERNON AND THE OWNERS OF SAID PROPERTY
WHEREAS, Stanley Black and Joyce Black, Husband and Wife as
individuals, A & R Management and Development Co. No. 1, L.P., a
California limited partnership, K Associates, a California general
partnership, and Steven L. Kaplan, Bonnie L. Fein, and Michael B.
Kaplan, all as individuals (hereinafter collectively referred to as
"the Property Owners") own certain real property commonly referred to
as the Santa Fe Industrial Center in the City of Vernon; and
WHEREAS, the total square footage of buildings in the Santa
Fe. Industrial Center is approximately 608,000 square feet; and
WHEREAS, in 1994 the following lots located at 2350-2392 East
48th Street, 4815-4871 Santa Fe Avenue, 2231-2375 East 49th Street,
which are located in the Santa Fe Industrial Center, were merged and to
be held as one parcel; and
WHEREAS, the successors -in -interest to BW Provisions, Inc.,
Metropolitan Provisions Holding II LLC and Metropolitan Provisions
Holding LLC (hereinafter collectively referred to as "Metropolitan
Provisions") currently occupies the buildings located to the rear of
the Santa Fe Industrial Center, extending from approximately 2300-2382
East 48th Street to approximately 2275 East 49th Street (hereinafter
referred to as the "Property"); and
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WHEREAS, the total square footage of buildings occupied by
Metropolitan Provisions is approximately 176,000 square feet; and
WHEREAS, the Santa Fe Industrial Center is located in the
"General Industry" or M-Zone; and
WHEREAS, the permitted uses for property in the M-Zone
include industrial, refrigerated warehouses, and warehouses and
wholesale uses including accessory warehouses with a floor area of
50,000 square feet or less per lot or parcel; and
WHEREAS, the Santa Fe Industrial Center has been and is
currently being used for manufacturing, warehousing (dry and cold), and
distribution, which are permissible uses in the M-Zone; and
WHEREAS, the Property has been and is currently being used
for warehousing and refrigerated warehousing or cold storage; and
WHEREAS, approximately 96,998 square feet of the Property is
used for cold storage and the remainder is used for warehousing; and
WHEREAS, under Section 26.4.6-1 of Chapter 26 of the Vernon
City Code, the current use of the Property is a legal nonconforming
use; and
WHEREAS, Section 26.4.6-1 also provides that nonconforming
uses may not be expanded or extended into any other portion of a
building or encouraged; and
WHEREAS, on June 29, 1999, the Property Owners proposed the
development of the Property by demolishing an 80,000 square foot
portion of an old building on the site and constructing a new building,
approximately 58,560 square feet in size; and
WHEREAS, the Vernon City Code limits the area of warehousing
on any single lot to 50,000 square feet; and
WHEREAS, the proposed development of the Property would
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constitute an expansion of a nonconforming use, which is in violation
of the Vernon City Code; and
WHEREAS, subsequent to submission of the Property Owners'
proposal, City staff and representatives of the Property Owners met on
several occasions to discuss the development of the Property; and
WHEREAS, the proposal developed by the Property Owners, after
discussion with City staff, would result in an immediate reduction in
warehousing use of 21,440 square feet; and
WHEREAS, the Property Owners' proposal also includes the
reduction of total warehousing use by Metropolitan Provisions on the
Property to 50,OOO square feet over a six (6) year period; and
WHEREAS, the facts and circumstances of this case are unique
in that the Property is situated in the Santa Fe Industrial Center,
which is a large parcel, the majority of which is used for
manufacturing, but also contains both warehousing and refrigerated
warehousing; and
WHEREAS, manufacturing and refrigerated warehousing are
conforming uses; and
WHEREAS, most of the uses in the Santa Fe Industrial Center
are conforming and the Property Owners' proposal will increase the
conformity of the Property and the Santa Fe Industrial Center; and
WHEREAS, pursuant to Section 26.5.4-3 of Chapter 26 of the
Vernon City Code, the Director of Community Services (hereinafter
referred to as the "Director") has the authority to make limited
exceptions or adjustments to the standards contained in Chapter 26, if
such exceptions are necessary to assure an equitable and reasonable
application of Chapter 26; and
WHEREAS, the stated purpose of Chapter 26 is to consolidate
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and coordinate all existing zoning regulations and provisions into one
comprehensive zoning plan in order to protect public health, safety and
welfare; and
WHEREAS, another intent of Chapter 26 is to permit non -
conformities to continue for a reasonable length of time, but not
encourage their survival; and
WHEREAS, the increase in conformity of the Property that will
result from the development proposal, is consistent with the policy of
the Vernon City Code of discouraging the continuance of nonconforming
uses; and
WHEREAS, the City Council of the City of Vernon does not
intend, in anyway, except as expressly stated herein or in the
Agreement, to limit its ability to enforce the provisions of the Vernon
City Code or to take any other action relating to the Property which is
required to protect the health, safety and public welfare of the City
of Vernon, or as otherwise required or authorized by law; and
WHEREAS, both the City and the Property Owners desire to
clarify any confusion concerning use of the Property, without resort to
administrative proceedings or litigation; and
WHEREAS, both the Property Owners and the City have concluded
it is in their respective best interests to memorialize their
understanding of the terms and conditions of the Director's exception
as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
IICITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the following exceptions for the Property to Section 26.3.5-2
of Chapter 26 of the Vernon City Code:
1. The Property Owners or their successors or assigns,
shall make improvements to the Property as set forth below prior to
issuance of a Certificate of Occupancy:
a. demolish an approximately 80,000 square foot,
two-story portion of an older industrial building, located within the
Santa Fe Industrial Center, on the Property at approximately 2275 East
49th Street; and
b. construct a new tilt -up industrial building of
approximately 58,600 square feet (hereinafter referred to as the "new
industrial building"), to be located to the rear side of approximately
2300-2370 East 48th Street.
2. The Property Owners shall limit the area on the
Property devoted to warehousing, as set forth herein:
a. the sum total of warehousing for the combined
new industrial building and existing buildings located at 2300-2376
East 48th Street shall be no greater than 50,000 square feet; and
b. by the end of three (3) years after the City
issues a Certificate of Occupancy for the new industrial building, the
warehouse area of the existing building located at 2382 East 48th Street
shall be reduced fifty percent (50%) from approximately 43,856 square
feet to 21,928 square feet; and
C. by the end of six (6) years after the City
issues a Certificate of Occupancy for the new industrial building, the
warehouse area of the existing building located at 2382 East 48th Street
shall be completely eliminated.
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3. If Metropolitan Provisions vacates any portion of
the Property or new industrial building mentioned herein, for any
length of time, the Property Owners shall lease the vacant space so
that no more than 50,000 square feet of warehousing use exists on the
Ilentire lot.
4. When the property located at 2357 49th Street is
vacated for any length of time, the area shall be converted to a
conforming use under the Vernon City Code.
SECTION 3: The City Council of the City of Vernon hereby
approves and authorizes the execution of the Agreement Establishing the
Terms and Conditions of the Exception to Section 26.3.5-2 of Chapter 26
of the Vernon City Code for the Property Located at 2300-2382 East 48th
Street and 2275 East 49th Street, a copy of which has been presented to
the City Council concurrently with this resolution and orders said
Agreement to be received and filed by the City Clerk.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
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.
APPROVED AND ADOPTED this 2nd day of May, 2000.
LEONIS C. MAL URG, Ma or
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution,. being Resolution No.
7526, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, May 2. 2000,
and thereafter was duly signed by the Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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