Resolution No. 81521 RESOLUTION NO. 8152
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
3 OWENS BROCKWAY GLASS CONTAINER, INC.
FROM SECTION 26.4.2-6 OF THE
4 COMPREHENSIVE ZONING ORDINANCE, FOR THE
PROPERTY LOCATED AT 2923 FRUITLAND
5 AVENUE IN THE CITY OF VERNON
6 WHEREAS, Owens Brockway Glass Container, Inc.
7 (hereinafter referred to as "Owens Brockway") owns a 17.42-acre
8 parcel located at 2923 Fruitland Avenue in the City of Vernon
9 (hereinafter referred to as "Property"); and
10 WHEREAS, due to the unique nature of Property and the
11 circumstances surroundingits potential use, Owens Brockway is
12 seeking a.variance from Section 26.4.2-6, Automobile parking
13 requirements, of the Comprehensive Zoning Ordinance through the
14 exclusion of the second floor Building A from the calculation of
15 the automobile parking requirements; and
16 WHEREAS, the Property is located in the M-Zone,
17 General Industry;. and
18 WHEREAS, the Property is used for manufacturing and
19 warehousing of the manufactured product which is consistent with
20 the objectives of the General Plan and Zoning Ordinance; and
21 WHEREAS, Owens Brockway is contemplating the sale of a
22 2.52 acre portion of property (hereinafter referred to as the
23 "Subject Property"); and
24 WHEREAS, in order to create this parcel, a lot line
25 adjustment is necessary; and
26 WHEREAS, the lot that will be sold will comply with
21 the City's parking and loading requirements, however the
28 remaining Property will not; and
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1 WHEREAS, by selling the Subject Property, the
2 remaining Property will be made less conforming; and
3 WHEREAS, Section 26.4.2-6 of the Zoning Ordinance
4 specifies that adequate off-street parking and loading space
5 shall be provided for each use, development or property, or for
6 each building, to accommodate all automobiles or similar
7 vehicles of the officers, employees, vendors, salesmen,
8 visitors, and other persons normally transacting business at
9 such enterprise or building; and
10 WHEREAS, according to Section 26.4.E-4(c), where
11 insufficient space exists on the lot or parcel for compliance
12 with the size of the existing loading provisions of Chapter 26,
13 the size of the existing loading docks shall be brought into
14 compliance at the time of any changes in use, occupancy,
15 expansion, structural alteration of the building; and
16 WHEREAS, pursuant to Section 26.4.E-4(d), the City
17 Council may relieve an occupant of all or part of the provisions
18 of the off-street parking, access and loading requirements of
19 this ordinance; and
20 WHEREAS, a particular area of the facility, Building
21 A2, is used exclusively for housing equipment and operations and
22 is not normally occupied by employees or stored product; and
23 WHEREAS, under a strict application of the parking
24 requirement in 26.4.2-6, Owens Brockway would need to provide an
25 additional 56 automobile parking spaces; and
26 WHEREAS, there is no physical area in which to place
27 those additional spaces; and
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1 WHEREAS, in addition, Owens Brockway was not able to
2 locate any available parking on adjacent sites; and
3 WHEREAS, another alternative would be to reduce the
4 number of spaces by tearing down a building, which would be an
5 unreasonable hardship in light of the possibility of executing a
6 covenant or agreement restricting the use of the second floor of
7 Building A, or Building A2; and
8 WHEREAS, Owens Brockway has been operating on the site
9 for over 80 years; and
10 WHEREAS, this building has been used for manufacturing
11 and warehousing of the manufactured product and it continues to
12 be used for the same purpose; and
13 WHEREAS, it presently provides 161 spaces in excess of
14 the total number of employees; and
15 WHEREAS, since there is ample room to accommodate the
16 employee parking, then there will be no parking overflow onto
17 adjacent side streets and the surrounding area; and
18 WHEREAS, consequently, the existing use does not and
19 will not adversely affect the interest of the public or vicinity
20 of the premises; and
21 WHEREAS, the purpose of the parking requirement is to
22 accommodate all automobiles or similar vehicles of officers,
23 employees, vendors, salesmen, visitors, and other persons
24 normally transacting business at the enterprise or building; and
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WHEREAS, the rationale for excluding Building A2 from
the calculation of the parking requirement is also consistent
with the policy behind the parking requirement in Section
26.4.2-6, which is to accommodate the automobiles of those
transacting business at the enterprise or building; and
WHEREAS, the strict application of the off-street
parking, access and loading requirements of the ordinance at
this time would cause an unreasonable hardship to the applicant;
and
WHEREAS, the City Council has received a Staff Report
dated February 11, 2003, 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 February 19, 2003;
and
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 26.4.2-6, of the
Comprehensive Zoning Ordinance, specifies that adequate off-
street parking and loading space shall be provided for each use,
development or property, or for each building, to accommodate
all automobiles or similar vehicles of the officers, employees,
vendors, salesmen, visitors, and other persons normally
transacting business at such enterprise or building, is hereby
granted Owens Brockway located at 2923 Fruitland Avenue.
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1 SECTION 3: The variance granted is subject to the
2 following conditions:
3 a) The facility shall be operated in accordance with all
4 current codes, rules, and regulations and subject to permit fees
5 as adopted by the City of Vernon not otherwise addressed by this
6 grant of a variance. .
7 b) The applicant shall maintain the yard clean, free of
8 debris, and prevent the off -site migration of debris.
9 c) The facility shall be operated in a manner that will
10 prevent unsanitary conditions, odors or other nuisances.
11 d) This variance shall automatically expire at the time
12 of any expansion, or structural alteration of any building on
13 the Property (for purposes of these conditions, the "Property"
14 means that portion of the real property located at 2923
15 Fruitland Avenue that remains intact after the lot line
16 adjustment and sale of the subject property), or upon change of
17 ownership, or if the covenant and agreement restricting the use
18 of Building A2 is breached or terminated, whichever occurs
19 first, at which time the use of the parking, access or loading
20 area(s) allowed by this variance shall be discontinued unless
21 brought into compliance with all applicable standards for
22 parking, access and loading areas set forth in the Comprehensive
23 Zoning Ordinance.
24 e) Upon any change in use, occupancy, or ownership of all
25 or a portion of the Property, the entire Property shall be made
26 to conform to all truck and automobile parking requirements and
27 all truck loading requirements, unless a new variance is
28 requested and granted by the City Council.
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f) All parking and loading areas necessary for Owens
Brockway operations shall be striped in an acceptable manner to
the Director of Community Services & Water and shall be paved
with a hard durable surface material and shall be adequately
drained, and kept free of dust, mud, trash and weeds. Where
parking or maneuvering areas adjoin the public street, a barrier
wall or landscaping shall be maintained to meet City standards.
Adequate on -site parking shall be maintained so that off-street
parking will not occur.
g) The project site shall be maintained substantially in
compliance with the site plan submitted, as part of this
variance application.
h) All existing and future tenants shall be notified of
these restrictions on the Property and a condition stating this
shall be placed in all future leases.
i) The second floor of Building A, shown as Building A2,
on the site map shall remain unoccupied by people with the
exception of a conveyor line. No warehousing or manufacturing
areas shall be maintained in this area. Owens Brockway must
execute a covenant and agreement that satisfactory to the City,
that will be recorded with the Los Angeles County Recorders
Office, indicating the restriction of the use of Building A2
within 180 days of the granting of this variance. Failure to
execute and record a covenant and agreement restricting the use
of the property will void the variance.
j) This variance shall become void if the lot line
adjustment described in this variance document is not approved
by the City Council by July 1, 2003.
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k) Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the.City Council of the City
of Vernon to void this variance and require Owens Brockway to
comply with the automobile parking requirements of the
Comprehensive Zoning Ordinance.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this Resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of February, 2003
r
LpONIS C. MALBURG,
ATTES
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.8152 was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
held on Wednesday, February 19, 2003 and thereafter was duly
signed by the Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
-8-
SUPPORTING
DOCUMENTS
EXHIBIT
0
STAFF REPORT
OWENS BROCKWAY GLASS CONTAINER, INC.
2923 FRUITLAND AVENUE
VARIANCE APPLICATION
February 11, 2003
Owens Brockway Glass Container, Inc. (hereinafter referred
to as "Owens Brockway") owns certain real property located at
2923 Fruitland Avenue. The 17.42-acre parcel is bounded by East
5Oth Street and Fruitland Avenue to the north and south and Boyle
Avenue and Soto Street to the east and west (hereinafter referred
' to as "the Property"). A site map of the Property is attached
hereto and incorporated herein by reference. Owens Brockway has
requested a variance from the automobile parking requirements in
Section 26.4.2-6 of the Comprehensive Zoning Ordinance.
BACKGROUND
The Property is situated in the M-Zone, General Industrial.
The site map indicates that there are 23 buildings on the
Property. The site was first developed in the early 1920's to
manufacture glass bottles and various types of containers. The
products manufactured at this location are sold to companies
throughout the United States.
Owens Brockway is requesting that the second floor of
Building A (the second floor is hereinafter referred to as
"Building A2") be excluded from the calculation of the
automobile -parking requirement. Building A2 is used exclusively
for housing equipment and operations and is approximately 58,000
square feet in size.
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A portion of Building A2 is occupied by a conveyor belt,
which transports assembled boxes down to the first floor. These
boxes are then routed to certain sections of the first floor for
sorting and packaging of bottles. No personnel work on the second
floor of Building A with the exception of occasional maintenance
work on the conveyor system itself. By excluding this square
footage, the Property would conform to the parking requirements
in all other respects.
REASON FOR VARIANCE
As indicated on the site map, the Property is comprised of
several lots. However, the parcels are not shown on the Los
Angeles County Assessor Map and, therefore, are not considered
legal separate parcels. The City has recognized that the subject
property consist of four parcels consisting of two parcels north
and two parcels south of the Los Angeles Junction Railroad right-
of-way as shown on the latest assessors map. According to the
Vernon City Code ("VCC"), a "lot" is defined, in part, as a
"contiguous quantity or parcel of land in the possession of, or
owned by, or recorded as the property of the same claimant or
person...." VCC Sec. 26.2.10. A lot is considered merged, and is to
be considered as one lot for the purposes of the requirements of
the City's Zoning Ordinance, when there is contiguous lots not a
part of a recorded subdivision in the same ownership. Id. The
entire Owens Brockway site has been considered one lot
(hereinafter referred to as "the lot") by the City for zoning
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purposes.
Presently, Owens Brockway is contemplating selling
approximately 2.52 acres of the Property; specifically, a portion
of Lot 31 (hereinafter referred to.as "the Subject Property"). In
order to effectuate the sale of the Subject Property, a lot line
adjustment must be made to create a separate lot that could be
sold off from the remaining Property.
According to Section 28.2 of the Vernon City Code ("VCC"),
"[a]11 subdivisions, lot splits, and lot line adjustments shall
conform to the General Plan and the Comprehensive Zoning
Ordinance of the City of Vernon, and with any specific plan and
the Master Plan of Streets." VCC Sec. 28.2. In addition,
Section 28.28(a) states that no parcel shall be reduced in size
unless it has sufficient area to meet building, setback, parking
and fire access standards. Furthermore, "existing parking and
loading facilities on [a] property cannot be reduced or removed
unless substitute spaces are provided in accordance with this
part." VCC Sec. 26.4.2-5.
Section 26.4.2-6 of the VCC, which contains the City's
automobile parking requirements, states:
Adequate off-street parking and loading space shall be
provided for each use, development or property, or for
each building, to accommodate all automobiles or
similar vehicles of the officers, employees, vendors,
salesmen, visitors, and other persons normally
transacting business at such enterprise or building.
To meet the intent of this section, the minimum parking
space requirements for certain uses and buildings are
declared to be as follows-
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The City's parking requirements are based, in part, on the
type of use to which the building is being put. Industrial and
manufacturing uses, warehouses, wholesale uses, public facilities
and similar uses require one space per 1,000 square feet of gross
floor area for automobiles. VCC Sec. 26.4.2-6. Retail and
commercial uses, general offices, and similar uses other than set
forth in the code or any other uses not defined or specified
require one space per 500 square feet of gross floor area for
automobiles. Id. Floor area is defined as "the total of all
floors contained within the exterior walls of all buildings
measured by the exterior dimensions of the building, on a lot or
parcel of land." VCC 26.2.6.
Once the Subject Property is created by the lot line
adjustment, the remaining portion of the Property will not have
sufficient parking to comply with the City's automobile parking
requirements. Consequently, the Community Services Department has
advised Owens Brockway that a variance would have to be granted
in order for a lot line adjustment to be approved. Due to the
unique nature of the use of the remaining Property Owens Brockway
is seeking a variance.
VARIANCE METHODOLOGY
As indicated on the site map, there are 23 buildings
situated on the Property. The buildings are identified as A, A2,
B, C1, C2, D, E, F, G1, G2, G3, G4, H, J, K, L, M, N, P, Q, R, S,
and T. The buildings are as follows:
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Building A and A2 is a large two-story warehouse
Building B is an office building
Building C1 is an office building
Building C2 is an industrial building
Building D is a warehouse
Building E is a warehouse
Building F is a warehouse
Building G1 is an industrial building
Building G2 is an industrial building
Building G3 is an industrial building
Building G4 is an industrial building
Building H is a new oxygen equipment yard
Building J is an oxygen equipment room
Building K is an electrical substation
Building L is a batch house
Building M is a batch house
Building N is an electrostatic precipitator
Building P is a furnace
Building Q contains pollution control scrubbers
Building R contains pollution control scrubbers
Building S is a compressor room
Building T is a water-cooling tower
The other factor in determining the requisite number of
parking spaces is the square footage of the building or buildings
situated on a parcel or lot. The square footage of the buildings
on the lot is as follows:
Building
A -
138,100
Building
H
- 0
Building
A2 -
58,000
Building
J
- 0
Building
B -
10,487
Building
K
- 0
Building
C1 -
4,205
Building
L
- 3,800
Building
C2 -
14,422
Building
M
- 0
Building
D -
11,500
Building
N
- 3,580
Building
E -
17,187
Building
P
- 31,680
Building
F -
6,000
Building
Q
- 0
Building
Gl -
35,500
Building
R
- 1,692
Building
G2 -
10,200
Building
S
- 3,944
Building
G3 -
16,000
Building
T
- 0
Building
G4 -
35,500
Based on the criteria set forth in the VCC Section 26.4.2-6
the following automobile parking space is required for the
buildings:
Building
A
- 138.1
Building
H
- 0
Building
A2
- 58
Building
J
- 0
Building
B
- 21
Building
K
- 0
Building
C1
- 8.41
Building
L
- 3.8
Building
C2
- 14.4
Building
M
- 0
Building
D
- 11.5
Building
N
- 3.6
Building
E
- 17.2
Building
P
- 32
Building
F
- 6
Building
Q
- 0
Building
G1
- 35.5
Building
R
- 1.7
Building
G2
- 10.2
Building
S
- 3.9
Building
G3
- 16,
Building
T
- 0
Building
G4
- 35.5
416.81 or 417
417 automobile stalls would be required if Section 26.4.2-6
were applied strictly. The remaining Property is currently unable
to physically accommodate that number of stalls. However, if the
second floor of the Building A, or Building A2, was excluded from
the parking calculation, then the total number of stalls required
is 359. There is adequate space on the remaining Property to meet
this parking requirement.
It appears that the exclusion of Building A2 is reasonable
because a portion of Building A2 is used for housing equipment
and the operation of a conveyor belt with the remainder being
vacant. The second floor is not occupied by any of Owens Brockway
personnel. Significantly, Owens Brockway has agreed that it will
enter into a covenant and agreement restricting the use of
Building A2, so that no personnel will inhabit Building A2 nor
product will be stored in that area.
The rationale for excluding Building A2 from the calculation
of the parking requirement is also consistent with the policy
behind the parking requirement in Section 26.4.2-6, which is to
accommodate the automobiles of those transacting business at the
enterprise or building. Owens Brockway currently employs 80
people on day shift, 60 people on swing shift, and 60 people.on
graveyard shift. According to Owens Brockway, the maximum number
of employee vehicles at the site at one time is 78; which would
occur during a shift change. If the variance were granted Owens
Brockway would still be providing 361 parking spaces for 200
employees, 78 of which could be using the parking at one time.
Since, Owens Brockway would be providing parking well in excess
of the number of employees, and there is no one transacting
business on the second floor of the building, there does not
appear to be any need to provide 58 additional parking spaces for
a non-existent use.
If a variance were not granted, the parking demands imposed
by a strict application of Section 26.4.2-6 would restrict Owens
Brockway's ability to use its land in the most efficient and
economic manner by inhibiting its ability to sell a portion of
its Property. In addition, if a variance were not granted, Owens
Brockway would have to reduce the number of required spaces or
find alternative parking on an adjacent site. Owen Brockway has
informed the City that there are no undeveloped lots available
for parking on adjacent sites. Alternatively, one way of reducing
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• the number of spaces is by tearing down a building. Another and
more cost effective way of reducing the number of required
spaces, is by executing a covenant or agreement restricting the
use of the second floor. Owens Brockway has stated that the
second floor Conveyor Room or Building A2 is used exclusively for
equipment operations. Due to the unique nature of the Property
and the circumstances surrounding its potential use, Owens
Brockway is seeking a variance through the exclusion of the
second floor of Building A from the calculation of the parking
requirements.
CEQA REVIEW
The project is categorically exempt under Section 15301 of
the California Environmental Quality Act because it is an
existing facility with no expansion of use. The adjustment of the
lot line includes four parcels or less and is considered a
ministering act and is, therefore, also categorically exempt. A
Notice of Exemption will be prepared and filed with the County
Clerks office. Nevertheless, 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.
STAFF FINDINGS AND CONDITIONS
Staff finds the following to be true:
a) As previously mentioned the applicant is
contemplating the sale of a portion of its existing Property
approximately 2.52 acres in size. In order to create this excess
parcel a lot line adjustment is necessary. The proposed lot to be
sold will comply with the City's parking and loading
requirements, however the remaining Property will not. By selling
the Subject Property, the remaining Property will be made less
conforming. However, one particular area of the facility,
Building A2, is used exclusively for housing equipment and
operations and is not normally occupied by employees or stored
product. Owens Brockway has been unable to acquire additional
parking.
b) Under a strict application of the parking
requirement in 26.4.2-6, Owens Brockway would need to provide an
additional 56 automobile parking spaces. There is no physical
area in which to place those additional spaces. In addition,
Owens Brockway was not able to locate any available parking on
adjacent sites. Another alternative would be to reduce the number
of spaces by tearing down a building, which would be an
unreasonable hardship in light of the possibility of executing a
covenant or agreement restricting the use of the second floor of
Building A. The strict application of the off-street parking,
access and loading requirements of the ordinance at this time
would cause an unreasonable hardship to the applicant.
c) Owens Brockway has been operating on the site for over
80 years. This building has been used for manufacturing and
warehousing of the manufactured product and it continues to be
used for the same purpose. If this variance were granted it would
be providing 161 spaces in excess of the total number of
employees. Since there is ample room to accommodate the employee
parking, then there will be no parking overflow onto adjacent
side streets and the surrounding area. Consequently, the existing
use does not and will not adversely affect the interest of the
public or vicinity of the premises.
d) The purpose of the parking requirement is to
accommodate all automobiles or similar vehicles of officers,
employees, vendors, salesmen, visitors, and other persons
normally transacting business at the enterprise or building.
Owens Brockway has occupied the site since the 1920s. Over those
many years, the number of employees required to manufacture glass
bottles and containers has decreased. There are currently 200
employees working during the entire three shifts. During a shift
change, a total of 78 parking spaces are used. With 361
automobile parking stalls being provided if a variance were
granted, it does not appear that Owens Brockway's use requires
the 56 additional spaces required under the Zoning Ordinance.
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e) As previously mentioned, the applicant has stated
that a portion of the Property will be sold. Upon the sale of the
Subject Property, the remaining portion will not be in compliance
with City's parking requirements. The applicant is prepared to
ensure conformance with this request by way of a covenant or
agreement restricting the use of the second floor of Building A.
Therefore, with approval of this variance Section 26.4.2-6, Owens
Brockway will meet the number of parking and loading spaces
required for the equipment area described previously. The
operation will be consistent with the objectives of the
Comprehensive Zoning Ordinance and the General Plan.
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 not otherwise addressed by this
grant of a variance.
b. The applicant shall maintain the yard clean, free of
debris, and prevent the off -site migration of debris.
c. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
d. This variance shall automatically expire at the time of
any expansion, or structural alteration of any building on the
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Property (for purposes of these conditions, the "Property" means
that portion of the real property located at 2923 Fruitland
Avenue that remains intact after the lot line adjustment and sale
of the subject property), or upon change of ownership, or if the
covenant and agreement restricting the use of Building A2 is
breached or terminated, 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.
e. Upon any change in use, occupancy, or ownership of all or
a portion of the Property, the entire Property shall be made to
conform to all truck and automobile parking requirements and all
truck loading requirements, unless a new variance is requested
and granted by the City Council.
f. All parking and loading areas necessary for Owens
Brockway operations shall be striped in an acceptable manner to
the Director of Community Services & Water and shall be paved
with a hard durable surface material and shall be adequately
drained, and kept free of dust, mud, trash and weeds. Where
parking or maneuvering areas adjoin the public street, a barrier
wall or landscaping shall be maintained to meet City standards.
Adequate on -site parking shall be maintained so that off-street
parking will not occur.
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g. The project site shall be maintained substantially in
compliance with the site plan submitted, as part of this variance
application.
h. All existing and future tenants shall be notified of
these restrictions on the Property and a condition stating this
shall be placed in all future leases.
i. The second floor of Building A, shown as Building A2, on
the site map shall remain unoccupied by people with the exception
of a conveyor line. No warehousing or manufacturing areas shall
be maintained in this area. Owens Brockway must execute a
covenant and agreement that is satisfactory to the City, that
will be recorded with the Los Angeles County Recorders Office,
indicating the restriction of the use of Building A2 within 180
days of the granting of this variance. Failure to execute and
record a covenant and agreement restricting the use of the
property will void the variance.
j. This variance shall become void if the lot line
adjustment described in this variance document is not approved by
the City Council by July 1, 2003.
k. Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City Council of the City of
Vernon to void this variance and require Owens Brockway to comply
with the automobile parking requirements of the Comprehensive
Zoning Ordinance.
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..t
CITY COUNCIL
LEONt-5rC. MAL'BURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
4305 SANT
Honorable City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Gentlemen:
p a.�
-- kRDO OLIVO
ty Attorney
(562)869-1883
IN WILSON
imunity Services & Water
(323)826-1435
TH J. DeDARIO
f Municipal Utilities
(323)826-1425
?N E. PARKER
Fire Chief
(323)826-1407
I W. OLSON
olice Chief
(323)826-1481
Owens Brockway Glass Container, Inc. has submitted a complete
application for a variance from Section 26.4.2-6 of the
Comprehensive Zoning Ordinance. They are proposing to exclude a
designated area used exclusively for housing of equipment from the
required parking and loading requirements of Section 26.4.2-6 at
their existing facility located at 2923 Fruitland Avenue. 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.
3. Notice of Public Hearing, copies of notification letters
to owners and tenants in the area and affidavits of
posting and mailing.
Honorable City Council -2- February 11, 2003
The project is categorically exempt from CEQA because it is an
existing facility as described in Section 15301. Notice of
Exemption will be prepared and filed with County.
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 not otherwise addressed by this grant
of a variance.
b. The applicant shall maintain the yard clean, free of
debris, and prevent the off -site migration of'debris.
c. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
d. This variance shall automatically expire at the time of any
expansion, or structural alteration of any building on the Property
(for purposes of these conditions, the "Property" means that
portion of the real property located at 2923 Fruitland Avenue that
remains intact after the lot line adjustment and sale of the
subject property), or upon change of ownership, or if the covenant
and agreement restricting the use of Building A2 is breached or
terminated, 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.
e. Upon any change in use, occupancy, or ownership of all or a
portion of the Property, the entire Property shall be made to
conform to all truck and automobile parking requirements and all
truck loading requirements, unless a new variance is requested and
granted by the City Council.
f. All parking and loading areas necessary for Owens Brockway
operations shall be striped in an acceptable manner to the Director
of Community Services & Water and shall be paved with a hard
durable surface material and shall be adequately drained, and kept
free of dust, mud, trash and weeds. Where parking or maneuvering
areas adjoin the public street, a barrier wall or landscaping shall
be maintained to meet City standards. Adequate on -site parking
shall be maintained so that off-street parking will not occur.
g. The project site shall be maintained substantially in
compliance with the site plan submitted, as part of this variance
application.
h. All existing and future tenants shall be notified of these
restrictions on the Property and a condition stating this shall be
placed in all future leases.
f
Honorable City Council -3- February 11, 2003
i. The second floor of Building A, shown as Building A2, on
the site map shall remain unoccupied by people with the exception
of a conveyor line. No warehousing or manufacturing areas shall be
maintained in this area. Owens Brockway must execute a covenant and
agreement that is satisfactory to the City, that will be recorded
with the Los Angeles County Recorders Office, indicating the
restriction of the use of Building A2 within 180 days of the
granting of this variance. Failure to execute and record a covenant
and agreement restricting the use of the property will void the
variance.
j. This variance shall become void if the lot line adjustment
described in this variance document is not approved by the City
Council by July 1, 2003.
k. Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City Council of the City of
Vernon to void this variance and require Owens Brockway to comply
with the automobile parking requirements of the Comprehensive
Zoning.Ordinance.
Resp ctful submitted,
,S uel Kevin Wilson, P.E.
Director of Community Services & Water
SKW:sc
Attachments
C: City Attorney
Page 1 of 4
APPLICATION FOR VARIANCE
.Application is hereby made to the City of Vernon,
the following described property:
petitioning for a variance f03
Legal description (give exact legal. .description) :i See attached Preliminary Title Report '
dated -May 8, 2002 '
■
General location (give street address) : 2923 Fruitland Avenue, City of Vernon '
■
Name of Applicant (s)--- Owens Brockway -Glass Container, Inc., successor by merger to Owens-111a noxS /
(print or type name of business) Glass Container, Inc.
c/o James W. Baehren
Mailing address One Seagate, 5th Door, Toledo Ohio Phone No 419.247.5000
Record Owner (s) of property: Name Owens -Brockway Glass Container, Inc., successor by Merger to
c/o James W. Baehren Owens-Illinois Glass Container, Inc.
Mailing address One Seagate, 15th Floor, Toledo,- Ohio Phone NO. 419.247.5000
Property Owner (s) representative: Name . James W. Baehren
Mailing address one Seagate, Sth Floor, Toledo Ohio Phone No. 419.247.5000
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor)
attached.
Written consent of owner(s) must be
4
Present use of property : Glass ass Manufacturing Plant ant Present Zoning :
Proposed use of property: Glass Manufacturing Plant '
How long has owner -held title to this property?
50+ years
Are there any easements controlling the use of this property? No Yes
described Per the Preliminary Title Report attached - Expiration date N/A
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
sheet(s) if necessary:
iK. That bui l di n area o d si D. used exclusively for Anui
9. anen to air r
,:stand alone a ui ment shall be removed from the calculation.for re uired arkin er the attached
_ B. That th of Rnildina A ao rt cian tPd A�
t plan. bt+ rF+mnvPri from the ralrml
—_ i:
Thb:;applinant is nrePar0d to „ f
rr+ p A
hu
way of a covenant dul recorded in the count official reco d to
assigns. tie th la i uccessors and
4t/L�IN61 9'avrLf 7"ti-) T c) ° r(t.
7 Pr77'�L� /7fiCTt? r?S
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:
Special circumstances exist, regarding item A, above whereby the nature of the operation conducted
at this facility require housing of certain operations without a demand for continual occupancy by
maintenance and repair personnel. Personnel are housed elsewhere on the campus and accounting for
parking for essential equipment would impose hardship on the operation and its future growth.
Special circumstances exist regarding item B above whereby the second floor, originally designated
as storage no longer practically serves the existing operations due to the changing nature of the
warehouse needs of the .operator. It is limited and costly to store in this facility above the ground floor
due to the constricted second floor access for both delivery and retrieval. The applicant is prepared to
ensure conformance with a. grant of variance by way of a covenant duly recorded in the county official
records, tied to the land, its successors and assigns.
(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.
The parking demand imposed by the strict application of would be restrictive in terms of the ability
of the operator to.use its land for future expanded operations.
Page 3 of 4
(3) That the special conditions and circumstances do not result from
actions of the applicant:
The above conditions su§ject of this variance application are not imposed by the applicant, but are
more the nature of the manufacturing operations in which it is engaged.
(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:
The grant of variance would not bestow any special privilege on the applicant. The nature of the
request pertains to a.condition regarding equitable application of the intent of the zoning ordinance
as to satisfying parking demands within the bounds of any property.
(5) That the granting of such variance will be in harmony and not
adversely affect the Comprehensive General Plan:
The grant of variance should have no impact regarding the general plan All parking required under
the ordinance to support the operations will be.housed adequately onsite:
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 des tion and all existing and proposed improvements
attached? No/es
Are the required three (3) area maps attached? NCO
Page 4 of 4
Is there a certified list attached of names and mailing addresses of
all property owners within 300' of exterior boundaries of the
property in this application? No es
Is the required fee enclosed? No es'
Make check or money order payable to"t'fie Cityof Vernon.
I declare under penalty of perjury that to the best of my knowledge and
belief the fore77.
*ng,is true, complete, and accurate.
i A
Signed:
y owner ( s
Date A5 /y Z
owners representative
t
{
6303029001
Owens Illinois
1 Seagate 1200
Toledo OH 43604-1566
6310009015 4
Same as #1
6303029007 7
Los Angeles By Products
1810 E 25th St
Los Angeles CA 90058-1102
6303029012 10
Trent G Anderson
126 S Windsor Blvd
Los Angeles CA 90004-3818
6303023010 13
Tamarack Soto
2328 Manning Ave
Los Angeles CA 90064-2208
6303024010 16
Same as #14
6303024012 19
Same as #15
6303024006 22
Same as #15
6308002008 26
Orval Kent Foods Inc
120 W Palatine Rd
Wheeling IL 60090-5823
Public Notification Listing
2923 Fruitland Avenue
in the City of Vernon, CA
6303029800 2
Utility Owned
6303029009 5
Roy E Alexander Co
5240 E El Roble St
Long Beach CA 90815-3913
6303029010 8
Joe H & Irma Dispeker
Po Box 35253
Los Angeles CA 90035-0253
6303023008 11
JAG Industries
16902 Coral Cay Ln
Huntington Beach CA 92649-2911
6303024011 14
Randall Foods Inc
Po Box 2669
Huntington Park CA 90255-8069
6303024008 17
Foods Inc Randall
Po Box 2669
Huntington Park CA 90255-8069
6303024013 20
Parr Bohn Properties Ltd II
721 Santa Monica Blvd
Santa Monica CA 90401-2601
6303024004 24
Ann L Rhodes
Po Box 121566
Fort Worth TX 76121-1566
6308002800 27
Utility Owned
September 11, 2002
Job 2253
Page 1 of 2
6310009014 3
Same as #1
6303029008 6
Detrex Chemical Industries
Po Box 501
Detroit MI 48231-0501
6303029011 9
United Engineering
833 W 17th St 4
Costa Mesa CA 92627-4313
6303023009 12
Eric & Rachel Teltscher Trustees
2328 Manning Ave
Los Angeles CA 90064-2208
6303024009 1S
Nieves Family LP
545 N Pennsylvania Ave
Glendora CA 91741-2041
6303024007 18
Charles & Sylvia Dickman
9700 Arby Dr
Beverly Hills CA 90210-1203
6303024005 21
Mutual Benefit Life Insurance
Po Box 49051
Los Angeles CA 90049-0051
6308002900 25
City Owned
6308002006 28
Mardochee & Lubov Azria
2761 Fruitland Ave
Los Angeles CA 90058-3607
CITY COPY
Public Notification Listing
2923 Fruidand Avenue
in the City of Vernon, CA
6310009019 30
29 NI Industries
Po Box 856
Riverbank CA 95367-0856
September 11, 2002
Job 2253
Page 2 of 2
City of Vernon
4305 Santa he Avenue
Vernon, California 90058
(323) 583-8811
NOTICE OF RESCHEDULED 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, December 18, 2002 at 5:00 p.m.
Applicant: Owens Brockway Glass Container, 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 iaritten comments regarding
the request prior to the Hearing.
Request: Owens Brockway has requested a variance from
Section 26.4.2-6, the parking and loading
requirements, of the Comprehensive Zoning
Ordinance.
Property Involved: 2923 Fruitland Avenue
(See reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall, 4305
Santa Fe Avenue, between the hours of 7:15
a.m. and 5:15 p.m. Monday through Thursday.
If you challenge the granting of this Variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described
in this notice or in written correspondence delivered to the City
of Vernon at, or prior to, the meeting.
City Administrator/City Clerk
0
City of Vernon
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.
Place: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, December 4, 2002 at 5:00 p.m.
Applicant: Owens Brockway Glass Container, 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 Hearing.
Request: Owens Brockway has requested a variance from
Section 26.4.2-6, the parking and loading
requirements, of the Comprehensive Zoning
Ordinance.
Property Involved: 2923 Fruitland Avenue
(See reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall, 4305
Santa Fe Avenue, between the hours of 7:15
a.m. and 5:15 p.m. Monday through Thursday.
If you challenge the granting of this Variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described
in this notice or in written correspondence delivered to the City
of Vernon at, or prior to, the meeting.
.
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
November 26, 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 Municipal Utilities
FAX: (323) 8z6-1425
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 Rescheduled Public
Hearing to consider an application for variance for the property located at 2923 Fruitland
Avenue in the City of Vernon. The applicant, Owens Brockway Glass Container, Inc.
has submitted a complete application for a variance from Section 26.4.2-6 of the
Comprehensive Zoning Ordinance. They are proposing to exclude designated areas used
exclusively for housing of equipment from the required parking and loading requirements
of section 26.4.2-6 at their existing facility located at 2923 Fruitland Avenue.
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 18, 2002 or `to send written
comments prior to the meeting if you so desire.
This notice is intended for interested parries or property owners within the project
area. If you are no longer aproperty owner in this area, please forward this notice to the
new property owner.
Very y urs,
7e Kevin ilson, P.E.
Director of Community Services & Water
SKW:sc
Enclosure
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 12, 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 variance for the property located at 2923 Fruitland Avenue in the City
of Vernon. The applicant, Owens Brockway Glass Container, Inc. has submitted a
complete application for a variance from Section 26.4.2-6 of the Comprehensive Zoning
Ordinance. They are proposing to exclude designated areas used exclusively for housing
of equipment from the required parking and loading requirements of section 26.4.2-6 at
their existing facility located at 2923 Fruitland Avenue.
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 4, 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.
lVery/ours
n Wilson, P.E.
Director of Community Services & Water
SKW:sc
Enclosure
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 26th day of November,
2002, post three (3) copies of:
NOTICE OF RESCHEDULED PUBLIC HEARING, to be held December 18,
2002, (see attached copies) regarding a variance for Owens
Brockway Glass Container, Inc. from Section 26.4.2-6 of the City
of Vernon Comprehensive Zoning Ordinance. They are proposing to
exclude a designated area used exclusively for housing of
equipment from the required parking and loading requirements of
Section 26.4.2-6 at their existing facility located at 2923
Fruitland Avenue.
One in each of the following places to wit: At the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board
in the lobby of the City Hall of the City of Vernon, located at
4305 Santa Fe Avenue, all in said City, there being no newspaper
of general circulation printed and published in the City of
Vernon.
Date: November 26, 2002
SeWfo Cana s, Engineering
State of California )
) ss.
County of Los Angeles )
On before me, ,
Notary Public, personally appeared Sergio Canales, personally
known to me (er knee+ n te- fRe en the -basis —ef satisf-aeteryevrdenee)
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal
AFFIDAVIT OF MAILING
I, Sergio Canales, declare as follows:
1. That I am employed in the Community
Services Department in the position of Engineering Aide.
2. That on November 13, 2002 I mailed a copy
of NOTICE OF PUBLIC HEARING to be held on December 4, 2002
along with the attached letter regarding a Variance
application for Owens Brockway Glass Container, Inc.
located at 2923 Fruitland Avenue in the City of Vernon to
exclude a designated area used exclusively for housing of
equipment from the required parking and loading
requirements of Section 26.4.2-6, to the owners, tenants
and interested parties on the attached lists, by United
States Mail with postage prepaid.
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 November 26, 2002 I mailed a copy
of NOTICE OF RESCHEDULED PUBLIC HEARING to be held on
December 18, 2002 along with the attached letter regarding
a Variance application for Owens Brockway Glass Container,
Inc. located at 2923 Fruitland Avenue in the City of
Vernon to exclude a designated area used exclusively for
housing of equipment from the required parking and loading
requirements of Section 26.4.2-6, to the owners, tenants
and interested parties on the attached lists, by United
States Mail with postage prepaid.
I 1�
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilsc", irector of Community Services & Water
DATE: November 26, 2002
SUBJECT: Reschedule - Variance for Owens Brockway Glass Container, Inc. located at
2923 Fruitland Avenue
A public hearing was inadvertently scheduled for Wednesday, December 4, 2002 for a
variance application. The Department of Community Services and the City Attorney has requested
that further review is required to determine and finalize certain issues regarding the variance
application. It is recommended that the public hearing be rescheduled for this variance application on
December 18, 2002.
SKW/sc
Enclosure
NOTICE OF RESCHEDULED PUBLIC HEARING
The City of Vernon will conduct a Public Hearing, which you
may attend.
Placer Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, December 18, 2002 at 5:00 p.m.
Applicant: Owens Brockway Glass Container, 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 Hearing.
Request: Owens Brockway has requested a variance from
Section 26.4.2-6, the parking and loading
requirements, of the Comprehensive Zoning
Ordinance.
Property Involved: 2923 Fruitland Avenue
(See reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall, 4305
Santa Fe Avenue, between the hours of 7:15
a.m. and 5:15 p.m. Monday through Thursday.
If you challenge the granting of this Variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described
in this notice or in written correspondence delivered to the City
of Vernon at, or prior to, the meeting.
City Administrator/City Clerk
((U
6kof VA,
u�
t e
e
GByELY lNJ
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: November 12, 2002
SUBJECT: Variance for Owens Brockway Glass Container, Inc. located at 2923 Fruitland
Avenue
Owens Brockway Glass Container, Inc. has submitted a complete application for a variance
from Section 26.4.2-6 of the City of Vernon Comprehensive Zoning Ordinance. They are proposing
to exclude designated areas used exclusively for housing of equipment from the required parking and
loading requirements of Section 26.4.2-6 at their existing facility located at 2923 Fruitland Avenue.
It is recommended that you receive this application and that a public hearing be set for
December 4, 2002.
SKW/sc
Enclosure
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, December 4, 2002 at 5:00 P.M.
Applicant: Owens Brockway Glass Container, 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 Hearing.
Request: Owens Brockway has requested a variance from
Section 26.4.2-6, the parking and loading
requirements, of the Comprehensive Zoning
Ordinance.
Property Involved: 2923 Fruitland Avenue
(See reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall, 4305
Santa Fe Avenue, between the hours of 7:15
a.m. and 5:15 p.m. Monday through Thursday.
If you challenge the granting of this Variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described
in this notice or in written correspondence delivered to the City
of Vernon at, or prior to, the meeting.
�• •Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES } ss.
CITY OF VERNON )
I, Sergio Canales,
Vernon, do hereby certify that
2002, post three (3) copies of:
Engineering Aide of the City of
I did, on the 13th day of November,
NOTICE OF PUBLIC HEARING, to be held December 4, 2002, (see
attached copies) regarding a variance for Owens Brockway Glass
Container, Inc. from Section 26.4.2-6 of the City of Vernon
Comprehensive Zoning Ordinance. They are proposing to exclude
designated a area used exclusively for housing of equipment from
the required parking and loading requirements of Section 26.4.2-
6 at their existing facility located at 2923 Fruitland Avenue.
One in each of the following places to wit: At the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board
in the lobby of the City Hall of the City of Vernon, located at
4305 Santa Fe Avenue, all in said City, there being no newspaper
of general circulation printed and published in the City of
Vernon.
Date: November 13, 2002 Y-e-� atz'4
Serg' Cana s, Engineering Aide
State of California
) ss.
Countv of Los Anqeles )
On4U.&U 16f �op before me, AQweel,' G/fi Yl
Notary Public, personally appeared Sergio Canales, personally
known to me (er known—te fae—ethe basis ef satisf-aeteryevidenee)-
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
MANUELA GIRON
Commission # 132a374 [[[
z
Z Notary Public - California
Los Angeles County
My Comm. Expires Nov 4, 2t>05
CITY COUNCIL
LEONIS-6. MAL13URG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
?� EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
%f Community Services & Water
' FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
fi
W. MICHAEL MCCORMICK
Councilman ( D
CITY HALL
BRUCE V. MALKENHORST
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 826-1438 BLEWONE (323) 583-8811
0
ember 11, 002
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 82481
1/,
T I ') J,
,. &--lt
Honorable City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Gentlemen:
Owens Brockway Glass Container, Inc. has submitted a complete
application for a variance from Section 26.4.2-6 of the
Comprehensive Zoning Ordinance. They are proposing to exclude a
designated area used exclusively for housing of equipment from the
required parking and loading requirements of Section 26.4.2-6 at
their existing facility located at 2923 Fruitland Avenue. 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.
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. Notice of
Exemption will be prepared.
Honorable City Council -2- December 11, 2002
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 not otherwise addressed by this
grant of a variance.
b) The applicant shall maintain the yard clean, free of debris,
and prevent the off -site migration of debris.
c) The facility shall be operated in a manner that will prevent
unsanitary conditions, odors or other nuisances.
d) Upon any expansion or structural alteration of any building on
the property, or prior to August 19, 2009, for purposes of
these conditions, the "Property" means that portion of the
real property located at 2923 Fruitland Avenue that remains
intact after the lot line adjustment and sale of the subject
property. The entire property shall be made to conform to all
truck and automobile parking requirements and all truck
loading requirements, pursuant to section 26.4.6-4(b) of the
Comprehensive Zoning Ordinance, unless a variance is granted
by the Vernon City Council.
e) This variance shall automatically expire at the time of any
expansion, or structural alteration of the building, or upon
change of ownership, or on August 19, 2009, whichever occurs
first, at which time the use of the parking, access or loading
area(s) allowed by this variance shall be discontinued unless
brought into compliance with all applicable standards for
parking, access and loading areas set forth in the
Comprehensive Zoning Ordinance. It is the intent of the City
Council that said parking, access or loading area(s) be
treated in the same manner as a legal nonconforming use
subject to Section 26.4.E-4(b).
f) Upon any change in use, occupancy, or ownership of all or a
portion of the property, the entire property shall be made to
conform to all truck and automobile parking requirements and
all truck loading requirements, unless a variance is requested
and granted by the City Council.
g) All parking and loading areas necessary for Owens Brockway
operations shall be striped in an acceptable manner to the
Director of Community Services & Water and shall be paved with
a hard durable surface material and shall be adequately
drained, and kept free of dust, mud, trash and weeds. Where
parking or maneuvering areas adjoin the public street, a
barrier wall or landscaping shall be maintained to meet City
standards. Adequate on -site parking shall be maintained so
that off-street parking will not occur.
r
r�
1 V
Honorable City Council
h) The project site shall be
compliance with the site
variance application.
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December 11, 2002
maintained substantially in
plan submitted, as part of this
i) All existing and future tenants shall be notified of these
restrictions on the property and a condition stating this
shall be placed in all future leases.
j) The second floor of Building A shown as A2 on the site map
shall remain unoccupied by people with the exception of a
conveyor line. No warehousing or manufacturing areas shall be
maintained in this area. Owens Brockway must execute a
covenant or agreement that is satisfactory to the City, that
will be recorded with the Los Angeles County Recorders Office,
indicating the restriction of the use of Building A within 180
days of the granting of this variance. Failure to record the
restriction of the use of the property will void the variance.
k) Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City Council of the City
of Vernon to void this variance and require Owens Brockway to
comply with the automobile parking requirements of the
Comprehensive Zoning ordinance.
Respec fully s bmitted,
Sa el evi Wilson P.E.
Director of Community Services & Water
SKW:sc
Attachments
C: City Attorney
t
STAFF REPORT
OWENS BROCKWAY GLASS CONTAINER, INC.
2923 FRUITLAND AVENUE
VARIANCE APPLICATION
December 12, 2002
Owens Brockway Glass Container, Inc. (hereinafter referred
to as "Owens Brockway") owns certain real property located at
2923 Fruitland Avenue. The 17.42-acre parcel is bounded by East
50th Street and Fruitland Avenue to the north and south and Boyle
Avenue and Soto Street to the east and west (hereinafter referred
to as "the Property"). A site map of the Property is attached
hereto and incorporated herein by reference. Owens Brockway has
requested a variance from the automobile parking requirements in
Section 26.4.2-6 of the Comprehensive Zoning Ordinance.
BACKGROUND
The Property is situated in the M-Zone, General Industrial.
The site map indicates that there are 23 buildings on the
Property. The site was first developed in the early 1920's to
manufacture glass bottles and various types of containers. The
products manufactured at this location are sold to companies
throughout the United States.
Owens Brockway is requesting that the second floor of one of
its buildings be excluded from the calculation of the automobile
parking requirement. The second floor of the building in
question is used exclusively for housing equipment and operations
and is approximately 58,000 square feet in size. Most of the
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building is occupied by a conveyor belt, which transports
assembled boxes down to the first floor. These boxes are then
routed to certain sections of the first floor for sorting and
packaging of bottles. No personnel work on the second floor with
the exception of occasional maintenance work on the conveyor
system itself. By excluding this square footage, the Property
would conform to the parking requirements in all other respects.
REASON FOR VARIANCE
As indicated on the site map, the Property is comprised of
10 numbered parcels on two lots; Lot 30 and Lot 31. According to
the Vernon City Code ("VCC"), a "lot" is defined, in part, as a
"contiguous quantity or parcel of land in the possession of, or
owned by, or recorded as the property of the same claimant or
person...." VCC Sec. 26.2.10. A lot is considered merged, and is
to be considered as one lot for the purposes of the requirements
of the City's Zoning Ordinance, when there are contiguous lots
not a part of a recorded subdivision in the same ownership. Id.
The entire Owens Brockway site has been considered one lot
(hereinafter referred to as "the lot") by the City for zoning
purposes.
Presently, Owens Brockway is contemplating selling
approximately 2.52 acres of the Property; specifically, parcels 4
and 6 on Lot 31 (hereinafter referred to as "the Subject
Property"). In order to effectuate the sale of the Subject
Property, a lot line adjustment must be made to create a separate
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lot that could be sold off from the remaining Property.
According to Section 28.2 of the Vernon City Code ("VCC"),
"[a]11 subdivisions, lot splits, and lot line adjustments shall
conform to the General Plan and the Comprehensive Zoning
Ordinance of the City of Vernon, and with any specific plan and
the Master Plan of Streets." VCC Sec. 28.2. In addition,
Section 28.28(a) states that no parcel shall be reduced in size
unless it has sufficient area to meet building, setback, parking
and fire access standards. Furthermore, "existing parking and
loading facilities on [a] property cannot be reduced or removed
unless substitute spaces are provided in accordance with this
part. VCC Sec. 26.4.2-5.
Section 26.4.2-6 of the VCC, which contains the City's
automobile parking requirements, states:
Adequate off-street parking and loading space
shall be provided for each use, development or
property, or for each building, to accommodate all
automobiles or similar vehicles of the officers,
employees, vendors, salesmen, visitors, and other
persons normally transacting business at such
enterprise or building. To meet the intent of
this section, the minimum parking space
requirements for certain uses and buildings are
declared to be as follows....
The City's parking requirements are based, in part, on the
type of use to which the building is being put. Industrial and
manufacturing uses, warehouses, wholesale uses, public facilities
and similar uses require one space per 1,000 square feet of gross
floor area for automobiles. VCC Sec. 26.4.2-6. Retail and
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commercial uses, general offices, and similar uses other than set
forth in the code or any other uses not defined or specified
require one space per 500 square feet of gross floor area for
automobiles. Id. Floor area is defined as "the total of all
floors contained within the exterior walls of all. buildings
measured by the exterior dimensions of the building, on a lot or
parcel of land." VCC 26.2.6.
Once the Subject Property is created by the lot line
adjustment, the remaining portion of the Property will not have
sufficient parking to comply with the City's automobile parking
requirements. Consequently, the Community Services Department
has advised Owens Brockway that a variance would have to be
granted in order for a lot line adjustment to be approved. Due to
the unique nature of the use of the remaining Property Owens
Brockway is seeking a variance.
VARIANCE METHODOLOGY
As indicated on the site map, there are 23 buildings
situated on the Property. The buildings are identified as A, A2,
B, C1, C2, D, E, F, G, G1, G2, G3, H, J, K, L, M, N, P, Q, R, S,
and T. The buildings are as follows:
Building A and A2 is a large two-story warehouse
Building B is an office building
Building Cl is an office building
Building C2 is an industrial building
Building D is a warehouse
Building E is a warehouse
Building F is a warehouse
Building G1 is an industrial building
Building G2 is an industrial building
Building G3 is an industrial building
Building H is a new oxygen equipment yard
Building J is an oxygen equipment room
Building K is an electrical substation
Building L is,a batch house
Building M is a batch house
Building N is an electrostatic precipitator
Building P is a furnace
Building Q contains pollution control scrubbers
Building R contains pollution control scrubbers
Building S is a compressor room
Building T is a water cooling tower
The other factor in determining the requisite number of
parking spaces is the square footage of the building or buildings
situated on a parcel or lot. The square footage of the buildings
on the lot is as follows:
Building
A
- 138,100
Building
A2
- 58,000
Building
B
- 10,487
Building
C1
- 4,205
Building
C2
- 14,422
Building
D
- 11,500
Building
E
- 17,187
Building
F
- 6,000
Building
G1
- 35,500
Building
G2
- 10,200
Building
G3
- 16,000
Building
H
- 12,322
Building
J
- 16,444
Building
K
- 8,423
Building
L
- 3,800
Building
M
- 2,328
Building
N
- 3,580
Building
P
- 31,680
Building
Q
- 530
Building
R
- 1,692
Building
S
- 3,944
Building
T -
527
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Based on the criteria set forth in the VCC Section 26.4.2-6
the following automobile parking space is required for the
buildings:
Building
A
- 138.1
Building
A2
- 58
Building
B
- 21
Building
C1
- 8.41
Building
C2
- 14.4
Building
D
- 11.5
Building
E
- 17.2
Building
F
- 6
Building
G1
- 35.5
Building
G2
- 10.2
Building
G3
- 16
Building
H
- 0
Building
J
- 0
Building
K
- 0
Building
L
- 3.8
Building
M
- 0
Building
N
- 3.6
Building
P
- 32
Building
Q
- 0
Building
R
- 1.1
Building
S
- 3.9
Building
T
- 0
399 automobile stalls would be required if Section 26.4.2-6
were applied strictly. The remaining Property is currently
unable to physically accommodate that number of stalls. However,
if the second floor of the Building A, referred to herein as
Building A2, were excluded from the parking calculation, then the
total number of stalls required is 341. There is adequate space
on the remaining Property to meet this parking requirement.
It appears that the exclusion of Building A2 is reasonable
because it is used exclusively for housing equipment and the
operation of a conveyor belt. The second floor is not occupied
by any Owens Brockway personnel. Significantly, Owens Brockway
has agreed that it will enter into a covenant or agreement
restricting the use of the second floor of Building A2, so that
no personnel will inhabit that area.
The rationale for excluding Building A2 from the calculation
of the parking requirement is also consistent with the policy
behind the parking requirement in Section 26.4.2-6, which is to
accommodate the automobiles of those transacting business at the
enterprise or building. Owens Brockway currently employs 80
people on day shift, 60 people on swing shift, and 60 people on
graveyard shift. According to Owens Brockway, the maximum number
of employee vehicles at the site at one is 78; which would
occur during a shift change. If the variance were granted Owens
Brockway would still be providing 341 spaces for 200 employees,
78 of which could be using the parking at one time. Since, Owens
Brockway would be providing parking well in excess of the number
of employees, and there is no one transacting business on the
second floor of the building, there does not appear to be any
need to provide 58 additional parking spaces for a non-existent
use.
If a variance were not granted, the parking demands imposed
by a strict application of Section 26.4.2-6 would restrict Owens
Brockway's ability to use its land in the most efficient and
economic manner by inhibiting its ability to sell a portion of
its Property. In addition, if a variance were not granted, Owens
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Brockway would have to reduce the number of required spaces or
find alternative parking on an adjacent site. Owen Brockway has
informed the City that there is no available parking on adjacent
sites. Alternatively, one way of reducing the number of spaces
is by tearing down a building. Another and more cost effective
way of reducing the number of required spaces, is by executing a
covenant or agreement restricting the use of the second floor.
Owens Brockway has stated that the second floor Conveyor Room or
Building 2A, is used exclusively for storage of equipment and
operations. Due to the unique nature of Property and the
circumstances surrounding its potential use, Owens Brockway is
seeking a variance through the exclusion of the second floor of
Building 2A from the calculation of the parking requirements.
CEQA REVIEW
The project is categorically exempt under Section 15301 of
the California Environmental Quality Act because it is an
existing facility with no expansion of use. The adjustment of
the lot line includes four parcels or less and is considered a
ministering act and is, therefore, also categorically exempt. A
Notice of Exemption will be prepared and filed with the County
Clerks office. Nevertheless, 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.
STAFF FINDINGS AND CONDITIONS
Staff finds the following to be true:
a) As previously mentioned the applicant is selling a
portion of its existing Property approximately 2.52 acres in
size. In order to create this excess parcel a lot line
adjustment is necessary. The proposed lot to be sold will comply
with the City's parking and loading requirements, however the
remaining Property will not. By selling the Subject Property,
the remaining Property will be made less conforming. However a
particular area of the facility is used exclusively for housing
equipment and operations and is not normally occupied by
employees. Owens Brockway has been unable to acquire additional
parking.
b) Under a strict application of the parking
requirement in 26.4.2-6, Owens Brockway would need to provide an
additional 58 automobile parking spaces. There is no physical
area in which to place those additional spaces. In addition,
Owens Brockway was not able to locate any available parking on
adjacent sites. Another alternative would be to reduce the
number of spaces by tearing down a building, which would be an
unreasonable hardship in light of the possibility of executing a
covenant or agreement restricting the use of the second floor of
Building 2A. The strict application of the off-street parking,
access and loading requirements of the ordinance at this time
would cause an unreasonable hardship to the applicant.
c) Owens Brockway has been operating on the site for over
80 years. This building has been used for manufacturing and
warehousing of the manufactured product and it continues to be
used for the same purpose. It presently provides 141 spaces in
excess of the total number of employees. Since there is ample
room to accommodate the employee parking, then there will be no
parking overflow onto adjacent side streets and the surrounding
area. Consequently, the existing use does not and will not
adversely affect the interest of the public or vicinity of the
premises
d) The purpose of the parking requirement is to
accommodate all automobiles or similar vehicles of officers,
employees, vendors, salesmen, visitors, and other persons
normally transacting business at the enterprise or building.
Owens Brockway has occupied the site since the 1920s. Over those
many years, the number of employees required to manufacture glass
bottles and containers has decreased. There are currently 200
employees working during the entire three shifts. During a shift
change, a total of 78 parking spaces are used. With 341
automobile parking stalls being provided if a variance were
granted, it does not appear that Owens Brockway's use requires
the 58 additional spaces required under the Zoning Ordinance.
e) As previously mentioned, the applicant has stated
that a portion of the Property will be sold. Upon the sale of
the Subject Property, the remaining portion will not be in
-10
compliance with City's parking requirements. The applicant is
prepared to ensure conformance with this request by way of a
covenant or agreement restricting the use of second floor
Building 2A. Therefore, with approval of this variance Section
26.4.2-6, Owens Brockway will meet the number of parking and
loading spaces required for the equipment area described
previously. The operation will be consistent with the objectives
of the Comprehensive Zoning Ordinance and the General Plan.
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 not otherwise addressed by this
grant of a variance.
b. The applicant shall maintain the yard clean, free of
debris, and prevent the off -site migration of debris.
c. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
d. This variance shall automatically expire at the time of
any expansion, or structural alteration of any building on the
Property (for purposes of these conditions, the "Property" means
that portion of the real property located at 2923 Fruitland
Avenue that remains intact after the lot line adjustment and sale
-11-
of the subject property), or upon change of ownership, or on
August 19, 2009, whichever occurs first, at which time the use of
the parking, access or loading area(s) allowed by this variance
shall be discontinued unless brought into compliance with all
applicable standards for parking, access and loading areas set
forth in the Comprehensive Zoning Ordinance. It is the intent of
the City Council that said parking, access or loading area(s) be
treated in the same manner as a legal nonconforming use subject
to Section 26.4.E-4(b).
e. Upon any change in use, occupancy, or ownership of all or
a portion of the Property, the entire Property shall be made to
conform to all truck and automobile parking requirements and all
truck loading requirements, unless a new variance is requested
and granted by the City Council.
f.All parking and loading areas necessary for Owens
Brockway operations shall be striped in an acceptable manner to
the Director of Community Services & Water and shall be paved
with a hard durable surface material and shall be adequately
drained, and kept free of dust, mud, trash and weeds. Where
parking or maneuvering areas adjoin the public street, a barrier
wall or landscaping shall be maintained to meet City standards..
Adequate on -site parking shall be maintained so that off-street
parking will not occur.
-12-
g. The project site shall be maintained substantially in
compliance with the site plan submitted, as part of this variance
application.
h. All existing and future tenants shall be notified of
these restrictions on the Property and a condition stating this
shall be placed in all future leases.
i. The second floor Building A shown as A2 on the site map
shall remain unoccupied by people with the exception of a
conveyor line. No warehousing or manufacturing areas shall be
maintained in this area. Owens Brockway must execute a covenant
or agreement that is satisfactory to the City, that will be
recorded with the Los Angeles County Recorders Office, indicating
the restriction of the use of Building A within 180 days of the
granting of this variance. Failure to record the restriction of
the use of the property will void the variance.
j. Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City Council of the City of
Vernon to void this variance and require Owens Brockway to comply
with the automobile parking requirements of the Comprehensive
Zoning Ordinance.
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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
August 11, 2003
ira U.S. Mail and Facsimile
(614) 228-6623 facsimile
Mr. Marc T. Kamer
Fuller & Henry Ltd.
35 North Fourth Street-&
Columbus, Ohm-43i1
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.
Re: Owens -Brockway Glass Container Inc. — City of Vernon !:
License Agreement dated June 13, 2003
Kamer:
This letter -is- written in'f6Ilow up to our telephone conversation of August 8,
2003, regarding the above -referenced agreement. As we discussed, half of the "Extended
Licensed Area depicted in Exhibit A is available for the City's use and has, in fact, been used
by the City since August 1, 2003. As you also know, the City will begin making payments in the
amount of $2,500 per month for its use of the available area. You have indicated that the
remaining part of the yard is presently unavailable to the City, because your client is using it for
its own construction purposes.
If you have any questions or comments, please contact our office.
Very truly yours,
Anita O. Aviles for Eduardo Olivo,
City Attorney
cc: Bruce V. Malkenhorst,
City Administrator