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Resolution No. 8198s 4 • 1 RESOLUTION NO. 8198 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO 3 AMERICAN BIAS, INC. FROM SECTION 26.4.2-8(C) OF THE COMPREHENSIVE ZONING 4 ORDINANCE, FOR THE PROPERTY LOCATED AT 2302 38TH STREET IN THE CITY OF VERNON 5 6 WHEREAS, American Bias, Inc. currently owns the 7 property located at 2302 38th Street in the City of Vernon 8 (hereinafter referred to as "the Property") and is requesting a 9 variance from Section 26.4.2-8(c), Development Standards, of the 10 Comprehensive Zoning Ordinance; and 11 WHEREAS, the Property is located in the M-Zone, 12 General Industry; and 13 WHEREAS, the Property is used for manufacturing, 14 warehousing and distribution which is consistent with the 15 objectives of the General Plan and Zoning Ordinance; and 16 WHEREAS, American Bias, Inc. has indicated that it has 17 not and does not propose to perform any structural alterations 18 to its facility which would require it to come into compliance 19 with the requirements of the current Comprehensive Zoning 20 Ordinance; and 21 WHEREAS, the property was constructed with one non- 22 conforming truck loading space measuring 11.6 feet in width and 23 38.0 feet in length; and 24 WHEREAS, this truck loading space fronts Irving 25 Street; and 26 WHEREAS, Section 26.4.2-8(c) of the Zoning Ordinance 27 specifies that each truck loading space shall be a minimum of 28 ten (10) feet wide, sixty-five (65) feet long; and -1- 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, Section 26.4.6-4 (c) of the Zoning Ordinance provides, in part, that a non -conforming building must comply with these standards at the time of any changes in use, occupancy, expansion, structural alteration of the building or within five years of April 18, 1989 whichever occurs first unless a variance is granted; and WHEREAS, the previous occupant had obtained a variance from the requirements of Section 26.4.E-9(c) which expired when they vacated the site; and WHEREAS, according to Section 26.4.E-4(c), where insufficient space exists on the lot or parcel for compliance with the size of the existing loading provisions of Chapter 26, the size of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building; and WHEREAS, American Bias, Inc. has stated that the one (1) non -conforming truck loading space facing Irving Street will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992; and WHEREAS, pursuant to Section 26.4.E-4(d), the City Council may relieve an occupant of all or part of the provisions of the off-street parking, access and loading requirements of this ordinance; and -2- 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, American Bias, Inc. has no plans for the expansion or alteration of its building at this time, the strict application of the loading requirements of Section 26.4 of the Zoning Ordinance would require American Bias, Inc. to demolish a significant portion of their building thus creating an unreasonable financial hardship; and WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for manufacturing, warehousing and distribution; and WHEREAS, American Bias, Inc. has agreed to use shorter trucks that will not extend into the public right -of way; and WHEREAS, the City Council has received a Staff Report dated April 30, 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 May 21, 2003; and WHEREAS, the strict application of the off-street parking, access and loading requirements of the ordinance creates an unreasonable hardship; and WHEREAS, the existing use does and will not adversely affect the surrounding area; and WHEREAS, the use does not require the number of spaces' and/or specified by this ordinance; and -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained herein above are true and correct. SECTION 2: A variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance, requiring all truck loading spaces to be ten (10) feet wide by sixty-five (65) feet long, is hereby granted American Bias, Inc. located at 2302 38th Street. SECTION 3: The variance granted is 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) American Bias, Inc. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e) Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. -4- 1 f) This variance shall automatically expire at the time of any 2 expansion or structural alteration of the building, or on 3 August 19, 2009, whichever occurs first, at which time the 4 use of the parking, access or loading area(s) allowed by 5 this variance shall be discontinued unless brought into 6 compliance with all applicable standards for parking, access 7 and loading areas set forth in the Comprehensive Zoning 8 Ordinance. It is the intent of the City Council that said 9 parking, access or loading area(s) be treated in the same 10 manner as a legal nonconforming use subject to Section 11 26.4 .6-4 (b) . 12 g) Upon any change in use, occupancy, or ownership of all or a 13 portion of the site, the entire site shall be made to 14 conform to all truck and automobile parking requirements and 15 all truck loading requirements. 16 h) All parking and loading areas necessary for American Bias, 17 Inc. operations shall be striped in an acceptable manner to 18 the Director of Community Services & Water and shall be 19 paved with a hard durable surface material and shall be 20 adequately drained, and kept free of dust, mud, trash and 21 weeds. Where parking or maneuvering areas adjoin the public' 22 street, a barrier wall or landscaping shall be maintained to 23 meet City standards. Adequate on -site parking shall be 24 maintained so that off-street parking will not occur. 25 i) The project site shall be maintained substantially in 26 compliance with the site plan submitted, as part of this 27 variance application. 28 -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 j) The usage of the non -conforming truck loading space shall be limited so that no truck parked at or using the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. k) This variance shall only be valid while American Bias, Inc. remains the owner of the property. A new variance will be required upon change of ownership. 1) All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. m) The facility shall be operated in a manner, which will not impede traffic on 38th Street or Irving Street. n) Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. o) Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, American Bias, Inc. to comply with the automobile parking requirements of the Comprehensive Zoning ordinance. lull 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 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 21st day of May, 2003 LEONIS C. MALBURG, Mayor ATTEST• BRUCE V. MALKENHORST, City Clerk S -7- 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.8198 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, May 21, 2003 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -8- SUPPORTING DOCUMENTS I STAFF REPORT AMERICAN BIAS, INC. 2302 E. 38' STREET VARIANCE APPLICATION APRIL 30, 2003 The owner of the property, located at 2302 38th Street in the City of Vernon, American Bias, Inc., has requested a variance from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, Development Standards. BACKGROUND American Bias, Inc. owns the property identified by the address 2302 38th Street located in the M-Zone, General Industrial. The building that it occupies was constructed with one non -conforming truck loading space measuring 11.6 feet in width and 38.0 feet in length. It has stated that only vehicles of smaller lengths will be used at the non -conforming truck - loading space. The building is used for manufacturing, warehousing and is approximately 5,000 square feet in size. Hometel Furnishings, Inc. previously occupied the building located at 2302 38th Street. As occupants, Hometel Furnishings, Inc. had obtained a variance for this property on March 8, 1994. The variance was granted with the condition that the usage of the non -conforming loading space be limited so that no truck parked at the loading dock shall extend into the right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. -1- When the previous occupant, Hometel Furnishings, Inc., vacated the facility, the variance expired. Therefore, a new variance is required from said Section 26.4.2-8(c) in order to occupy the building. American Bias, Inc. is requesting a variance from the requirements of Section 26.4.2-8(c) be issued to it at this time for the continued use of the non -conforming truck loading space for the use of smaller trucks that will not extend in the street right-of-way. American Bias, Inc. has stated that it will advise all future tenants on any conditions placed on the variance. According to Section 26.4.E-4(d), the City Council may, under certain circumstances issue a variance from the off-street parking, access and loading requirements of this chapter. REASON FOR VARIANCE Section 26.4.2-8(c) of the current City of Vernon Comprehensive Zoning Ordinance specifies that each truck loading space shall be a minimum of 10 feet wide and 65 feet long. Section 26.4.E-4(c) provides that a non -conforming building must comply with these standards within five (5) years of April 18, 1989 unless a variance is granted. Although Hometel Furnishings, Inc. was granted a variance in 1994, a new variance is required upon a change in occupancy or ownership. As previously mentioned the applicant's building was built with one non -conforming truck -loading space. In order for the building to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be -2- demolished. This building has been used for manufacturing, warehousing and distributing in the past and despite a change in occupancy, it continues to be used for the same purpose. Consequently, the existing use does not and will not adversely affect the surrounding area. As previously mentioned, the applicant has agreed that only vehicles of smaller lengths will be used at the shorter non- conforming truck loading space in order to ensure that vehicles will not extend into the street right-of-way while parked in the loading space. As long as the applicant complies with this condition, the variance will be consistent with the objectives of the Comprehensive Zoning Ordinance and General Plan. VARIANCE METHODOLOGY The applicant is requesting a variance from Section 26.4.2- 8(c) of the current City of Vernon Comprehensive Zoning Ordinance, which specifies that each truck loading space shall be a minimum of 10 feet wide and 65 feet long. Section 26.4.E-4(c) provides that a non -conforming building must comply with these standards within five (5) years of April 18, 1989 unless a variance is granted. A variance had been granted to Hometel Furnishings, Inc. in 1994. American Bias, Inc. seeks a new variance to continue the use. -3- PARKING ANALYSIS According to Section 26.4.E-4(c), where insufficient space exists on the lot or parcel for compliance with the size of the existing loading provisions of Chapter 26, the size of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building. A variance from off-street parking, access and loading requirements may be granted under Section 26.4.6-4 (d) . Pursuant to Section 26.4.6, the intent of Chapter 26 was to permit non -conformities in buildings, structures, and uses which existed at the time the ordinance was adopted to continue for a reasonable length of time, but not to encourage their survival. As previously mentioned the applicant's building was built with one (1) non -conforming truck loading space. In order for the building to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be demolished. The applicant indicated that they have no plans for expansion or alteration of the building configuration at this time. Therefore, 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 at this time. -4- Since the site was previously granted a variance, has not been vacant for a continuous period of more than one year, and is not undertaking any structural alterations the City Council may grant a variance from the off street parking, access and loading requirements of the Zoning Ordinance. However, should the City Council approve this variance the site shall retain its legal non -conforming status and will be required to comply with the size requirements of the Comprehensive Zoning Ordinance not otherwise addressed by a grant of a variance. The building has one (1) non -conforming truck loading space measuring 11.6 feet in width and 38.0 feet in length. The usage of this non -conforming truck loading space shall be limited and the occupant will be required to use shorter trucks in the non- conforming space to avoid protruding into the public right-of-way as defined by the Master Plan of Streets dated June 16, 1992. 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 15301 of the California Environmental Quality Act because it is an existing facility with no expansion of use. A Notice of Exemption will be prepared and filed with the County Clerks office. -5- STAFF FINDINGS AND CONDITIONS Staff finds the following to be true: a) The applicant's building was built with one (1) non- conforming truck loading space measuring approximately 11.6 feet in width and 38.0 feet in length. For the building to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be demolished. b) This building has been used for manufacturing, warehousing and distributing in the past and despite a change in occupancy, it continues to be used for the same purpose. c) The applicant has stated that only vehicles of smaller lengths will be used at the shorter non -conforming truck loading space to ensure that vehicles will not extend into the street right-of-way while in the loading space. As long as the applicant complies with this condition, the variance 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. -6- ■ 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. American Bias, Inc. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.E 4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. f. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6-4(b). -7- g. Upon any change in use, occupancy, or ownership of all or a portion of the site, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements. h. All parking and loading areas necessary for American Bias, Inc. 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. i. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. j. The usage of the non -conforming truck loading space shall be limited so that no truck parked at or using the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. k. This variance shall only be valid while American Bias, Inc. remains the owner of the property. A new variance will be required upon change of ownership. -8- 1. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. M. The facility shall be operated in a manner, which will not impede traffic on 38th Street or Irving Street. n. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. o. Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, American Bias, Inc. to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. -9- .L V Page 1 of 4 APPLICATION FOR VARIANCE FEBB'25#n-17;7A-o86415011 AMO T 500Ariu. Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description):,T_1� ,91,5, 3 Goff 6 ? Der- 7�e 1641i4tt _5A'!5' i-e 7 -a e f-, General location (give street address) : er) s% Name of Applicant (s) : le4 doVie� r , 2" (print or type name of business) Mailing address 1� ' i �` o Phoneo���� Record Owner (s) of property: Name 62��Ug Mailing address., /P,d r n to zZ3N, j, . xedll��'. C j/��� Phone 'To2���-�� Property Owner(s) representative: Name. Mailing address Phone No. relationship to owner(s) (engineer, contractor, attorney, purchaser, lessor) attached. Written consent of owner(s) must be Present use of property: _ A101- t c j?lc al Present Zoning: Proposed use of property: wtnj �� Q< How long has owner held title to this property? Are there any easements controlling the use of this property(NO) Yes described Expiration date_ Are there any private or deed restrictions controlling use of this property? o Yes, describe Page 2 of 4 Variance applied for this request for which sheet(s) if necessary: r (described in detail the nature and purpose of the premises are to be used) attach additional M et fit/ / P Ct J L'Z' 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: �-�' Ifielz / •%rtir9 (ter f-75vya e-1 r--1-4 c we loadt4g —0 •• 76 from �k (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,thi_sChapter. yrJ� ,-7ty 7I V10� r71t GCckc Zt S-/' e � � r %�c e Page 3 of 4 (3) That the special conditions and circumstances do not result from actions of the applicant: &I/d/t&cy a4d _.�D�� YtvsovJfv ly &X/'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: "uJfo� 5;/7 -_ f��c�9 Cad E/d'Ik�i 410 t'i 7�rY r�rv� (5) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: NOTE: Non -conforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of a variance. Are the required site and design plot plans showing the area covered in the legal description and all existing and proposed improvements attached? No/Yes Are the required three (3) area maps attached? No/Yes Page 4 of 4 Is there a certified list attached of names and mailing addresses of all property owners within 300' of 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 e City of Vernon. I declare under penalty of perjury that to the best of my knowledge and belief the foregoing is true, complete, and accurate. Signed: _ Date 9 67 property owners) or owners representative ' PROPERTY OWNERS LIST STATEMENT The undersigned has duly prepared the attached "Property Owners List". This list includes all of the names, and respective addresses, of persons being owners of property any part of which is within 300 feet of the outer boundaries of the property in subject zoning case. This information is to be obtained from the latest available Los Angles County Tax Assessment Roll. This list was prepared on fI/ / ©p> from the Tax Roll maintained at GG A-,c/ " c ac a ), (name and location of' -office) 46137 pysT,��-r , i* 0 77 &Z,O-e- a116, .s00711 6t ,yo ar,5c It is understood that the accuracy and completeness of this list is the responsibility of the applicant. „ Signed: On this day of undersigned a Notary Public n personally appeared ----- 41V known to me, or proven to me to be instrument. WITNESS my hand and official seal. prepared iist) 19 before me the for// said County and State, z�edv person that executed the within Notary Public in and for said My commission expires: Signed: State ' CHRISTINE D. YM Commission # 1260473 z Notary Public - cautmia Los Angeles County NY nm. E�; MO,10,2004 ea. 2ee-->4 300' RADIUS OWNERSHIP LIST 2302 E. 38T" ST VERNON, CA 90058 6302-013-010 (1) MONTAGUE, SANDRA S. TR ET AL P.O. BOX 3912 LITTLETON, CO 80161 6302-013-011 (2) B AND W WOODTURNING CO, INC 2113 E. 37�m ST VERNON, CA, 90058 6302-013-041 (4) 6302-013-043 RICHIE, WILLIAM J. TR ET AL SELLERS, EVAN AND MARY 2800 LAFAYETTE RD, STE C P.O. BOX 2656 NEWPORT BEACH, CA92663 BLAIRSVILLE, GA 30512 6302-0013-012 (3) RICHIE, WILLIAM, J. TR ET AL 2150 E. 37�m ST VERNON, CA 90058 (5) 6302-013-900 CITY OF VERNON 4305 SANTA FE AVE VERNON, CA 90058 6302-014-013 (7) 6302-014-014 (8) SHIPP, MARGUERITE Y DECD EST OF PAGEL, EDNA H. INC. P.O. BOX 394 P.O. BOX 58426 PORTOLA, CA 96122 VERNON, CA 90058 6302-014-016 10 ( ) 6302-014-017 (11) FISHER, LEN D. TR FLEETWOOD PROPERTIES, INC 4300 NOGALES DR 5245 PACIFIC CONCOURSE DR, NO. TARZANA, CA 91356 190LOS ANGELES, CA 90045 6302-014-015 EDNA, PAGEL INC 2322 E. 37.. ST VERNON, CA 90058 (9) 6302-014-018 (12) SHIPP, MARGUERITE Y DECD EST OF P.O. BOX 394 PORTOLA, CA 96122 6302-014-019 (13) 6302-014-020 (14) 6302-014-021 (15) SHIPP, MARGUERITE Y DECD EST OF SUGAR PRODUCTS CO SUGAR PRODUCTS CO P.O. BOX 394 2322 E. 37TH ST 2322 E. 37TH ST PORTOLA, CA 96122 LOS ANGELES, CA 90058 LOS ANGELES, CA 90058 6302-015-012 (16) 6302-015-013 (17) 6302-015-014 (18) BARNES, DORIS H. CO-TR HAMLIN, PEGGY-MARIE TR BLAR, ALICE P. TR 427 CALLE DELICADA 1055 SHERWOOD RD 5124 NE CLACKAHAS SAN CLEMENTE, CA 92672 SAN MARINO, CA 91108 PORTL,AND, OR 97213 6302-015-015 (19) GREENBERG, MICHAEL B. AND 6302-015-020 (20) 6302-015-026 (21) SUSAN K. HANNIBAL INDUSTRIES INC HANNIBAL INDUSTRIES INC P.O. BOX 58486 3851 S. SANTA FE AVE 3851 S. SANTA FE AVE VERNON, CA 90058 LOS ANGELES, CA 90058 LOS ANGELES, CA 90058 6302-015-027 (22) 6302-015-029 (23) 6302-016-024 (24) HANNIBAL INDUSTRIES INC KT REALTY, INC pASTRE, GIOIA Ii. AND HOWARD 3851 S. SANTA FE AVE P.O. BOX 5050 HAMLIN LOS ANGELES, CA 90058 FONTANA, CA 92335 1055 SHERWOD RD SAN MARINO, CA 91108 6302-016-028 (25) AMERICAN BIAS INC +ASSOCIATES HANNIBAL INDUSTRIES INC 2302 E. 38TH ST P.O. BOX 58814 VERNON, CA 90058 2 71E TINGLE AVE 714 S LOS ANGELES, CA 90058 ATTN:FRANK ORELLANA ROSEMEAD, CA 91770 6302-013-010 (1) MONTAGUE, SANDRA S. TR ET AL P.O. BOX 3912 LITTLETON, CO 80161 6302-013-041 (4) RICHIE, WILLIAM J. TR ET AL 2800 LAFAYETTE RD, STE C NEWPORT BEACH, CA 92663 6302-013-011 (2) B AND W WOODTURNING CO, INC 2113 E. 37TH ST VERNON, CA 90058 6302-013-043 SELLERS, EVAN AND MARY P.O. BOX 2656 BLAIRSVILLE, GA 30512 6302-014-013 (7) 6302-014-014 SHIPP, MARGUERITE Y DECD EST OF PAGEL, EDNA H. INC. P.O. BOX 394 P.O. BOX 58426 PORTOLA, CA 96122 VERNON, CA 90058 6302-0013-012 (3) RICHIE, WILLIAM, J. TR ET AL 2150 E. 37TH ST VERNON, CA 90058 (5) 6302-013-900 CITY OF VERNON 4305 SANTA FE AVE VERNON, CA 90058 (8) 6302-014-015 EDNA, PAGEL INC 2322 E. 37"" ST VERNON, CA 90058 6302-014-016 (10) 6302-014-017 (11) FISHER, ELLEN D. TR FLEETWOOD PROPERTIES, INC 4300 NOGALES DR 5245 PACIFIC CONCOURSE DR, NO. TARZANA, CA 91356 190 LOS ANGELES, CA 90045 6302-014-019 (13) 6302-014-020 (14) SHIPP, MARGUERITE Y DECD EST OF SUGAR PRODUCTS CO P.O. BOX 394 2322 E. 37TH ST PORTOLA, CA 96122 LOS ANGELES, CA 90058 6302-015-012 (16) 6302-015-013 (17) BARNES, DORIS H. CO-TR HAMLIN, PEGGY-MARIE TR 427 CALLE DELICADA 1055 SHERWOOD RD SAN CLEMENTE, CA 92672 SAN MARINO, CA 91108 6302-015-015 (19) GREENBERG, MICHAEL B. AND SUSAN K. P.O. BOX 58486 VERNON, CA 90058 6302-015-027 HANNIBAL INDUSTRIES INC 3851 S. SANTA FE AVE LOS ANGELES, CA 90058 6302-015-020 HANNIBAL INDUSTRIES INC 3851 S. SANTA FE AVE LOS ANGELES, CA 90058 (22) 6302-015-029 KT REALTY, INC P.O. BOX 5050 FONTANA, CA 92335 (6) (9) 6302-014-018 (12) SHIPP, MARGUERITE Y DECD EST Of P.O. BOX 394 PORTOLA, CA 96122 6302-014-021 (15) SUGAR PRODUCTS CO 2322 E. 37' ST LOS ANGELES, CA 90058 6302-015-014 (18) BLAR, ALICE P. TR 5124 NE CLACKAHAS PORTLAND, OR 97213 (20) 6302-015-026 (21) HANNIBAL INDUSTRIES INC 3851 S. SANTA FE AVE LOS ANGELES, CA 90058 (23) 6302-016-024 (24) PASTRE, GIOIA H. AND HOWARD HAMLIN 1055 SHERWOD RD SAN MARINO, CA 91108 6302-016-028 (25) AMERICAN BIAS INC SZETO + ASSOCIATES HANNIBAL INDUSTRIES INC 2302 E. 38TH ST 2714 STINGLE AVE P.O. BOX 58814 VERNON, CA 90058 ROSEMEAD, CA 91770 LOS ANGELES, CA 90058 ATTN: FRANK ORELLANA 300' RADIUS OWNERSHIP LABELS 2302 E. 38T" ST VERNON, CA 90058 S�1ao+� h Feed SheetsTM Use template for 5160® 6302-013-010 (1) MONTAGUE, SANDRA S. TR ET AL P.O. BOX 3912 LITTLETON, CO 80161 6302-013-041 (4) RICHIE, WILLIAM J. TR ET AL 2800 LAFAYETTE RD, STE C NEWPORT BEACH, CA 92663 6302-013-011 (2) B AND W WOODTURNING CO, INC 2113 E. 37TH ST VERNON, CA 90058 6302-013-043 SELLERS, EVAN AND MARY P.O. BOX 2656 BLAIRSVILLE, GA 30512 6302-0013-012 (3) RICHIE, WILLIAM, J. TR ET AL 2150 E. 371H ST VERNON, CA 90058 (5) 6302-013-900 CITY OF VERNON 4305 SANTA FE AVE VERNON, CA 90058 6302-014-013 (7) 6302-014-014 (8) SHIPP, MARGUERITE Y DECD EST OF PAGEL, EDNA H. INC. P.O. BOX 394 P.O. BOX 58426 PORTOLA, CA 96122 VERNON, CA 90058 6302-014-016 (10) 6302-014-017 (11) FLEETWOOD PROPERTIES, INC FISHER, ELLEN D. TR 5245 PACIFIC CONCOURSE DR, NO. 4300 NOGALES DR 190 TARZANA, CA 91356 LOS ANGELES, CA 90045 6302-014-019 (13) 6302-014-020 (14) SHIPP, MARGUERITE Y DECD EST OF SUGAR PRODUCTS CO P.O. BOX 394 2322 E. 37TH ST PORTOLA, CA 96122 LOS ANGELES, CA 90058 6302-015-012 (16) 6302-015-013 (17) BARNES, DORIS H. CO-TR HAMLIN, PEGGY-MARIE TR 427 CALLE DELICADA 1055 SHERWOOD RD SAN CLEMENTE, CA 92672 SAN MARINO, CA 91108 6302-015-015 (19) GREENBERG, MICHAEL B. AND SUSAN K. P.O. BOX 58486 VERNON, CA 90058 6302-015-027 HANNIBAL INDUSTRIES INC 3851 S. SANTA FE AVE LOS ANGELES, CA 90058 6302-016-028 HANNIBAL INDUSTRIES INC P.O. BOX 58814 LOS ANGELES, CA 90058 6302-015-020 HANNIBAL INDUSTRIES INC 3851 S. SANTA FE AVE LOS ANGELES, CA 90058 (22) 6302-015-029 KT REALTY, INC P.O. BOX 5050 FONTANA, CA 92335 (25) AMERICAN BIAS INC 2302 E. 38TH ST VERNON, CA 90058 ATTN: FRANK ORELLANA 6302-014-015 EDNA, PAGEL INC 2322 E. 37TH ST VERNON, CA 90058 (6) (9) 6302-014-018 (12) SHIPP, MARGUERITE Y DECD EST Of P.O. BOX 394 PORTOLA, CA 96122 6302-014-021 (15) SUGAR PRODUCTS CO 2322 E. 37TH ST LOS ANGELES, CA 90058 6302-015-014 (18) BLAR, ALICE P. TR 5124 NE CLACKAHAS PORTLAND, OR 97213 (20) 6302-015-026 (21) HANNIBAL INDUSTRIES INC 3851 S. SANTA FE AVE LOS ANGELES, CA 90058 6302-016-024 (24) (23) PASTRE, GIOIA H. AND HOWARD HAMLIN 1055 SHERWOD RD SAN MARINO, CA 91108 SZETO + ASSOCIATES 2714 STINGLE AVE ROSEMEAD, CA 91770 OAVERY(g) Address Labels Laser 6241TM /k '- A f.� -4� lzzz7 11 m ■ I Ar ® F • ® nma 31d VINVS 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 May 14, 2003 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: y � ARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON irector 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 OP Nol: I-) American Bias, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 2302 38th Street in the City of Vernon. The variance is to allow the use of one (1) non- conforming truck loading space. The loading space, however, will be restricted to trucks that do not extend into the public right-of- way. 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. A Notice of Exemption will be prepared and filed with the County Clerk. �i Honorable City Council -2- May 14, 2003 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. American Bias, Inc. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site 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. f. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6-4 (b) . g. Upon any change in use, occupancy, or ownership of all or a portion of the site, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements. h.All parking and loading areas necessary for American Bias, Inc. 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. i. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. L Honorable City Council -3- May 14, 2003 j. The usage of the non -conforming truck loading space shall be limited so that no truck parked at or using the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. k. This variance shall only be valid while American Bias, Inc. remains the owner of the property. A new variance will be required upon change of ownership. 1. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. m. The facility shall be operated in a manner, which will not impede traffic on 38th Street or Irving Street. n. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. o. Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, American Bias, Inc. to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. RespecW itted, S lon, P.E. Director of Community Services & Water SKW:sc Attachments C: City Attorney r NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, May 21, 2003 at 5:00 p.m. Applicant: American Bias, Inca 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: American Bias, Inc. has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance to utilize one non -conforming truck loading space. Property Involved: 2302 38th Street (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 r.. q OF wER lA V t Re Gs��e�r Motes COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator ly✓ FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: May 1, 2003 SUBJECT: Variance for American Bias, Inc. located at 2302 38' Street American Bias, Inc. has submitted a complete application for a variance from Section 26.4.2- 8(c) of the City of Vernon Comprehensive Zoning Ordinance. They are proposing to utilize one (1) non -conforming truck -loading space at their existing facility located at 2302 38 h Street. It is recommended that you receive this application and that a public hearing be set for May 21, 2003. SKW/sc 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 May 1, 2003 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 2302 38th Street in the City of Vernon. The applicant, American Bias, Inc. are requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance to allow the use of one (1) non -conforming truck loading space. The non -conforming truck loading space face Irving Street and measure 11.6 feet in width and 38.0 feet in length. The current Comprehensive Zoning Ordinance requires truck -loading spaces to be ten (10) feet in width and sixty-five (65) feet in length. A variance is requested to utilize this loading space with the condition that the loading space will be restricted to trucks that do not extend into the public right-of-way. A copy of the application and supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the meeting on May 21, 2003 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 truly yours, Xe/ZvM'iP.E. Director of Community Services & Water SKW:sc Enclosure City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vemon, 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, May 21, 2003 at 5:00 p.m. Applicant: American Bias, 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: American Bias, Inc. has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance to utilize one non -conforming truck loading space. Property Involved: 2302 38th Street (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 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 1st day of May, 2003, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held May 21, 2003, (see attached copies) regarding a Variance application for American Bias, Inc. located at 2302 38th Street in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize one (1) non -conforming truck loading space. 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 2003 SergW Canales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On !! of10='� before me, Nota Public, personally appeared Sergio C4hales, personally known to me -(ems—known to fae—en thebasis ef satisfaetery evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal GLORIA J. OROSCO Comm. 11370778 '^ N NOTARY PUBLIC-CALIFORNIA Loa Angeles County My Comm. Expires Aug. 27,2006 �rwfwr 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 May 1, 2003 I mailed a copy of NOTICE OF PUBLIC HEARING to be held on May 21, 2003 along with the attached letter regarding a Variance application for American Bias, Inc. located at 2302 38th Street in the City of Vernon to utilize one (1) non -conforming truck loading space, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid.