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Resolution No. 81001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO DAVID POURBABA FROM SECTION 28.28(b) AND 26.3.5-4(g) OF THE VERNON CITY CODE FOR THE PROPERTY LOCATED AT 4419 PACIFIC BOULEVARD IN THE CITY OF VERNON WHEREAS,.David Pourbaba is a garment manufacturer/warehousing and distributing company located at 4419 Pacific Boulevard in the City 11of Vernon; and WHEREAS, David Pourbaba is requesting a variance from Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code; and WHEREAS, 4419 Pacific Boulevard is located in the M-Zone, General Industrial and the operation is consistent with the objectives of the General Plan and Comprehensive Zoning Ordinance; and WHEREAS, David Pourbaba proposes to subdivide 1.59 acres into two parcels along 4419 Pacific Boulevard; and WHEREAS, a substandard parcel is allowed to be developed less than the minimum size, if its tied to an adjacent parcel as a unit; and', WHEREAS, Section 26.3.5-4(g) states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size. No lot shall be established for any other use unless the lot is at least one acre in size; and WHEREAS, Section 28.28(b) states that all lots shall have frontage of at least 150 lineal feet on a public street; and WHEREAS, Section 26,4.2-8(b) allows the parking facilities to be on the same lot as the occupant or on a separate lot or parcel located within one thousand (1,000) feet from the main building; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the proposed parcel "1" of Parcel Map No. 26778 is to be designated for parking for the property located at 4400 Pacific IlBoulevard; and WHEREAS, when parking is in a separate lot, a covenant is to be recorded restricting the use of the property to parking for the lbenefit of the use requiring the parking; and WHEREAS, David Pourbaba utilizes the property located at 4419 Pacific Boulevard, for the required automobile parking spaces for 4400 Pacific Boulevard; and WHEREAS, granting of this variance will allow for a subdivision with development of one legal parcel while the other parcel will remain tied to 4400 Pacific Boulevard for parking purposes; and WHEREAS, Section 26.5.1-6 permits the City Council to grant variances from the Comprehensive Zoning Ordinance; and WHEREAS, a variance relieving David Pourbaba from the minimum lot requirement will not adversely affect the interest of the public or the interest of other residents and property owners within the vicinity of the premises because this requirement is a mechanism of ensuring the parking restrictions and does not affect the actual parking requirements; and WHEREAS, David Pourbaba proposes to pave and stripe the adjacent parcels and provide the required automobile parking spaces; and WHEREAS, a`variance from this section is required before David Pourbaba can begin development; and - 2 - 1 WHEREAS, with the approval of this variance, David Pourbaba 2 will bring its nonconforming automobile parking spaces into compliance 3 and its facility will then meet the number of automobile parking 4 spaces required by Section 26.4.2-6 of the Comprehensive Zoning 5 Ordinance and is consistent with the objectives of the General Plan 6 and the Zoning Ordinance; and 7 WHEREAS, the granting of a variance will not constitute a 8 granting of a special privilege inconsistent with the limitations on 9 other nearby properties but will allow David Pourbaba to use the 10 parking option in Section 26.4.2-8(b) as other property owners would 11 be able to do; and 12 WHEREAS, the existing use does not and will not adversely 13 affect the surrounding area because the site has historically been 14 used for garment manufacturing/warehousing; and 15 WHEREAS, the project is categorically exempt from the 16 California Environmental Quality Act pursuant to Section 15315; and 17 WHEREAS, the City Council has received a Staff Report dated 18 October 17, 2002, upon which it has relied in making the foregoing 19 recitals; and 20 WHEREAS, the City Council of the City of Vernon held a 21 hearing on said application for a variance on November 6, 2002; and 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 23 CITY OF VERNON AS FOLLOWS: 24 SECTION 1: The City Council of the City of Vernon hereby 25 finds and determines that the recitals contained hereinabove are true 26 and correct. 27 SECTION 2: Section 26.4.2-8(b) of the Comprehensive Zoning 28 Ordinance, requiring covenant recordation and full compliance with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Comprehensive Zoning Ordinance at the time of any expansion of use. SECTION 3: The variance from the requirement of Section 26.4.2-8(b) is granted subject to the following conditions: a) The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c) David Pourbaba shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. d) The project shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. e) In conjunction with the recordation of the parcel map a - covenant shall be recorded tying parcel "1" of Parcel Map No. 26778 with the property located at 4400 Pacific Boulevard for the purpose of providing required parking and loading compliance with the City of Vernon's Comprehensive Zoning Ordinance. 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 strict application of Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance. - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6th day of November, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk EQNIS C. MALB G, May r - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8100, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, November 6, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 6 - SUPPORTING DOCUMENTS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 16th day of October, 2002, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held November 6, 2002, (See attached copies) regarding a Variance application for David Pourbaba, the applicant is requesting Variance from Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code, which states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size and that all lots shall have frontage of at least 150' lineal feet on a public street. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. 1­7 AV _ Date: October 16, 2002 Serg s, Engineering Aide State of California ) ) ss. County of Los Angeles ) /'/f On qbv-. Gp ��� before me, 94 Notary Public, personally appeared Sergio Canales, personally known to me rem--irrn t -� �ee 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. TNESS my hand and official seal MANUELA GIRON Commission # 1328374 T Notary Public - California Los Angeles County MY Comm. Expires Nov 4, 2005 ' STAFF REPORT DAVID POURBABA 4419 PACIFIC BOULEVARD VARIANCE APPLICATION October 17, 2002 David Pourbaba has requested a variance from Section 26.3.5- 4(g) and 28.28(b) of the Vernon City Code. David Pourbaba is seeking a variance from the required minimum lot size requirement of one acre and minimum street frontage of 150' lineal feet on a public street. Mr. Pourbaba proposes to subdivide his lot such that one parcel will be 25,468 square feet in size with a 111' frontage on a public street. Section 26.3.5-4(g) states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size. Section 28.28(b) states that all lots or parcels, which are divided, shall have frontage with a minimum lot size of one acre and minimum street frontage of 150' lineal feet on a public street. The property site for which a variance is sought is located at 4419 Pacific Boulevard in the City of Vernon. This site is located in the M-Zone, General Industrial. 0 -1- REASON FOR VARIANCE David Pourbaba uses the property located at 4400 Pacific Boulevard for industrial and warehousing purposes. The property at 4400 Pacific Boulevard has been encumbered by an agreement to provide code -required parking for the lot across the street located at 4419 Pacific Boulevard. Only a portion (25,468 square feet) of the total parcel located at 4419 Pacific Boulevard is required to meet the parking requirements for the building located at 4400 Pacific Boulevard. David Pourbaba is proposing to subdivide the 4419 Pacific Boulevard property into two parcels the 25,468 square foot parcel will remain tied with a covenant to the property located at 4400 Pacific Boulevard for the parking purposes and the remaining lot will be developed with a new building. This 25,468 square foot neither meets the minimum lot size specified under Section 26.3.5-4(g) nor the street frontage requirement specified in Section 28.28(b). VARIANCE METHODOLOGY David Pourbaba has requested a variance from Section 26.3.5- 4(g) and 28.28(b) of the Vernon City Code. David Pourbaba is seeking a variance from the required minimum lot size requirement of one acre and minimum street frontage of 150, lineal feet on a public street. Mr. Pourbaba proposes to subdivide his lot such that one parcel will be 25,468 square feet in size with a 111' frontage on a public street. Section 26.3.5-4(g) states that no -2- I lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size. Section 28.28(b) states that all lots or parcels, which are divided, shall have frontage with a minimum lot size of one acre and minimum street frontage of 150' lineal feet on a public street. CEQA REVIEW The proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. The project is categorically exempt under Section 15315 of the California Environmental Quality Act guidelines, (Minor land division of industrial property into four or fewer parcels). A Notice of Exemption will be prepared and filed with the County Clerk. STAFF FINDING AND CONDITIONS Staff proposes the following findings as required by Section 26.5.1-6, of the City of Vernon Comprehensive Zoning Ordinance: a) As previously mentioned David Pourbaba is proposing to subdivide 1.59 acres into two parcels along Pacific Boulevard. Due to space constraints within the existing facility at 4400 Pacific Boulevard. David Pourbaba has acquired additional land -3- . y � adjacent from 4400 Pacific Boulevard. The property at 4400 Pacific Boulevard has been encumbered by an agreement to provide code -required parking for the lot across the street located at 4419 Pacific Boulevard. Only a portion of the adjacent property (25,468 square feet) is required to meet the parking requirements for the building located at 4400 Pacific Boulevard. The 25,468 square foot parcel will remain tied with a covenant to the property located at 4400 Pacific Boulevard for the parking purposes and the remaining lot will be developed with a new industrial building. This 25,468 square foot neither meets the minimum lot size specified under Section 26.3.5-4(g) nor the street frontage requirement specified in Section 28.28(b). It should be noted that Section 28.28(a)(2)(A) allows for the creation of a substandard lot, but only if the substandard lot is combined with an adjacent parcel as unit. Mr. Pourbaba is proposing to combine the created substandard lot with a parcel across the street locate at 4400 Pacific Boulevard via a covenant. The property site for which a variance is sought is located at 4419 Pacific Boulevard in the City of Vernon. This site is located in the M-Zone, General Industrial. David Pourbaba proposes to use a separate parcel for required automobile parking and industrial building. The separate parcel David Pourbaba will use is within 1,000 feet of the main building. David Pourbaba -4- also agrees to obtain parking and comply with the automobile parking requirements. Granting David Pourbaba a variance from the lot minimum requirement of Section 28.28(b) and 26.3.5-4(g) is appropriate given the unique circumstances and the hardship of following strict compliance with the automobile parking requirements. b) A variance relieving David Pourbaba from the minimum lot requirement will not adversely affect the interest of the public or the interest of other residents and property owners within the vicinity of the premises because this variance is a mechanism of ensuring the parking requirements are met and the property is developed to City Code. The non -conforming lot will be used exclusively for automobile parking and has adequate access and is of adequate size and shape for the proposed use. c) With the approval of this variance from Section 28.28(b) and 26.3.5-4(g) the building located at 4400 Pacific Boulevard will remain in compliance and will meet the number of automobile parking spaces required for property as specified by the City of Vernon Comprehensive Zoning Ordinance. The operation is in conformance with the Comprehensive Zoning Ordinance and the General Plan. -5- Therefore it is recommended that the variance be granted with the following conditions imposed on the permit to adequately protect the public interests: a) The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c) David Pourbaba shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. d) The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. e) In conjunction with the recordation of the parcel map a covenant shall be recorded tying parcel "1" of Parcel Map No. 26778 with the property located at 4400 Pacific Boulevard for the purpose of providing parking and loading compliance with the City of Vernon's Comprehensive Zoning Ordinance. ` Page 1 of 4 APPLICATION FOR VARIANCE 311. WMh1ti�`7 13=18 AMONT 500.00 Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description) :—A SUVi C1V1stoAj B t.; A, General location (give street address) la i�AG.I F t CJ%W ri Name of Ap licant s : (print -or type name of business) Mailing address 36ISS' C EAAt /'fit& &tl *im Phone No UO &A•31a l SArCK.M04#cA CA 4 d yot Record Owner (s ) of property: Name UAV l O PQ%J kNC,A Mailing address 6111 W.Id1QAMS�.A•G 9eDIG Phone No. Property Owner (s ) representative: Name A)MY SL'4 A L Mailing address 31f5' OCCROJ l?i Ar- Wa I SAA14 M cwtCA CA 9 0 4 0 Y' relationship to owner(s) (engineer, contractor, lessor) A►�CNITEC�( attached. t No aft fats . 3/ a attorney, purchaser, Written consent of owner(s) must be I Present use of property: VA"MT I present Zoning:_ M Proposed use of property: 10AA.Wj /AJA WDUARKiC A1. 6V't.Q#AA How long has owner held title to this property? Y�r�lt Are there any easements controlling the use of this property? ron Yes described Expiration date Are there any private or deed restrictions controlling use of this property? ,No 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 sheets) if necessary: NOTICE TO APPLICANT• In the variance procedure it shall be shown that the following five (5) conditions exist in reference to the property being considered. The applicant should answer the following statements. If you have difficulty finding reasonable answers to the statements contained in this application it may be an indication that your request has insufficient factors to justify approval. (Attach additional sheet(s) if necessary. (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone: (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. ONLY A POR-Tlo1J iZs yGg sa P-c ; of TKO -toTa Q xt �s (z dt¢lm To LKEG't TI.4t P u?4 t7►12EM cTJ �oL -rH� .ut.o1.34 AT Nd100 MACIFtG MLVD. HDij E _ TrZ TNT? POR-?toai (c���oc� d. i,,tTCtAu 1NT�9R9-VTATlOtJ of n4c coot- i f C I& Ln,pM •%rr T Ad al4t4'i GOMM 0n4b-1 Q,t't 0YL0 AY 071a_E& eJLn1r%rf_T1Lr% 1w1 Tor' cewA.r VtCGtM(Z,J A ap ZotJC.. Page 3 of 4 (3) That the special conditions and circumstances do not result from actions of the applicant: 'SAE 'SPGG GoNDrnonJ3 2 QJti2t�]G P�At�trel4 FC�L `t�-i�� (�AGIRtt (b(_V 0. P"SWNX L'JHLrtJ - ASe j?&QP VYictY W A S (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: TW S G ,r l..jc. OP TH15 VA,2tA.Nc.W GJiL At t.o u.I RoQ. A. 5u4,D Vi S!On1 W (_rW D5VgLoPMWNrr O P onus- !r.EGAL PA2G� iTN� dTN�2. QAQGa r W l t.l. 13 M s i w ( Tt t�� 'i to �t �l On 1�At.t f<t C C✓ t_J O �O IC. PAR-K-►t�! 4 _r" E ti'. . 2.! G 4t'f S TNE�� WtLt. b£ w1i0 5? ��„� ptQ•tViL�4C c �nnitz�K.2eb 'To TL��' �.PPt+tGAnt-r , (5) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: MILE rw QAA:JIN G oP TNt s t/Ai2.�.4ti� t L� IJo? C��.ra'f� A SJr�S-rA�1D.c1 n p.AQ�i�t ��A�_ niEliLit Ito�A�.� r%C�le.Pi� sEi T[�Fti St%17S1QA��A�D IAI�Gd'1.:�1rILL\ Jag- PA&yJry1a h"ILY .0 AD W16% 3E "1I90 TO NY4O PAGI(zM- T44OL.r WILc,. P� D.J t,r/ Dnl d STiO`wl a 2p Pg2[.� t. _Q Ls.�/� t-d+PM tfiNT T �-1 �74. C O 114 RAt¢�►�Iar.1v 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 �Y E Page 4 o f 4 Is there a certified list attached of names and mailing addresses of all property owners within 300' of the exterior boundaries of the property in this application? No/Yes Is the required fee enclosed? No/Yes Make check or money order payable to the 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. i Signed: owneri(s), or owners sentative ?' t?. 02. 6308-06-009 1 Golshen, Kaveh 4368 Bandini Blvd. L.A., CA 90023 6308-06-008 2 Pacific Coast Bld'g Products 3001 Eye Street Sacto, CA 95816 6308-06-010 3 Malburg, Leonis 2833 Leonis Blvd, Rm 111 Vernon, CA 90058 6308-06-011 4 Malburg, Leonis 2833 Leonis Blvd, Rm 111 Vernon, CA 90058 6308-06-003 5 Malburg, Leonis 2833 Leonis Blvd, Rm l 11 Vernon, CA 90058 6308-06-004 6 Wolfingher, Shalim 4320 S. Santa Fe Vernon, CA 90058 6308-07-018 7 Golshen, Kaveh 4368 Bandini Blvd. L.A., CA 90023 6308-07-019 8 Pacific Coast Bld'g Products 3001 Eye Street Sacto, CA 95816 Segal / Rea Architecture 3435 Ocean Park Blvd., Ste 112 Santa Monica, CA 90405 6308-08-015 9 Kennedy Name Plate Co 4509 Pacific Blvd Los Arigeles, CA 90058 6308-08-026 10 Kennedy, William 4501 Pacific Blvd. Vernon, CA 90058 6308-08-025 11 Hung, Li Chuan 17890 Castleton St, Ste 383 City of Industry, CA 91748 6308-05-900 12 So Cal Rapid Transit Dist 729 N. Vignes Los Angeles, CA 90012 6302-20-026 13 Noran Co 3301 Inglewood Blvd. Los Angeles, CA 90066 6302-18-017 14 Neman, Eshagh 4519 Everett Ave Vernon, CA 90058 6302-17-901 15 City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 John Hua 424 San Pedro Los Angeles, CA 90013 David Pourbaba 5211 W. Adams Blvd Los Angeles, CA 9016 �d City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Demon, California 90058 (323) 583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, November 6, 2002 at 5:00 p.m. Applicant: David Pourbaba The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Variance from Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code, which states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size and that all lots shall have frontage of at least 150, lineal feet on a public street. Property Involved: 4419 Pacific Boulevard In the City of Vernon (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday thru 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) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 October 17, 2002 Interested parties or property owners: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Enclosed herewith for your information is a Notice of Public Hearing to consider an application for a variance for the property located at 4419 Pacific Boulevard in the City of Vernon. The. applicant, David Pourbaba has requested a variance from Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code. David Pourbaba is seeking a variance from the required minimum lot size requirement of one acre and minimum street frontage of 150' lineal feet on a public street. Mr. Pourbaba proposes to subdivide his lot such that one parcel will be 25,468 square feet in size with a 111' frontage on a public street. Section 26.3.5-4(g) states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size. Section 28.28(b) states that all lots shall have frontage of at least 150' lineal feet on a public street. This site is located in the M-Zone, General Industrial. 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 November 6, 2002 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. Very yours, 1 XS uel Kevin lson, P.E. Director of Community Services & Water SKW:sc Enclosure re AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Engineering Aide. 2. That on October 16, 2002 I mailed a copy of NOTICE OF PUBLIC HEARING to be held on November 6, 2002 along with the attached letter regarding a Variance application for David Pourbaba, the applicant is requesting a Variance from Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code, which states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size and that all lots shall have frontage of at least 150' lineal feet on a public street, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, November 6, 2002 at 5:00 p.m. Applicant: w The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: rom Section 26.3.5-4(g) and 28.28(b) of the Vernon City Code, which states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size and that all lots shall have frontage of at least 150' lineal feet on a public street. Property Involved: 4419 Pacific Boulevard In the City of Vernon (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday thru 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. / L� BRUCE V. MALKENHORST City Administrator/City Clerk 0 00 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, November 6, 2002 at 5:00 P.M. Applicant: D Pourbaba The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the hearing. Request: David Pourbaba is proposing to subdivide 1.59 acres into two parcels Property Involved: 4419 Pacific Boulevard (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the approval of this tentative parcel map 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 NPH CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMI r Councilman BRUCE V. MALKEN ST CITY HALL City Administrator/City Clerk��4,305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX (323) 826-1438 V TELEPHONE (323) 583-8811 7 4 OLIVO VV�ity Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 October 30, 2002 (� V G,L \6 \� �b Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: David Pourbaba has requested a variance from Section 26.3.5- 4(g) and 28.28(b) of the Vernon City Code. David Pourbaba is seeking a variance from the required minimum lot size requirement of one acre and minimum street frontage of 150' lineal feet on a public street. Mr. Pourbaba proposes to subdivide his lot such that one parcel will be 25,468 square feet in size with a 111' frontage on a public street. Section 26.3.5-4(g) states that no lot shall be established for commercial use or general office use unless the lot is at least three-quarter (3/4) acre in size and that no lot shall be established for any other use unless the lot size is at least one acre in size. Section 28.28(b) states that all lots shall have frontage of at least 150' lineal feet on a public street. The property site for which a variance is sought is located at 4419 Pacific Boulevard in the City of Vernon. This site is located in the M-Zone, General Industrial. After review of the application by the Community Services Department, it is recommended that the variance application permit be granted. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for variance application permit and information supporting the application. Honorable City Council -2- October 30, 2002 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. It is recommended that the variance application permit be granted subject to the following conditions: a) The facility shall be.operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c) David Pourbaba shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. d) The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. e) In conjunction with the recordation of the parcel map a covenant shall be recorded tying parcel "1" of Parcel Map No. 26778 with the property located at 4400 Pacific Boulevard for the purpose of providing parking and loading compliance with the City of Vernon's Comprehensive Zoning Ordinance. Respectlly submitted, 7� f' Sa `�, in ilson, P.E. Director of Community Services & Water SKW:sc Attachments C: City Attorney