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Resolution No. 8209t 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 2s RESOLUTION NO. 8209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE AMENDMENT TO OWENS BROCKWAY GLASS CONTAINER, INC. FROM SECTION 26.4.2-6 OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 2923 FRUITLAND AVENUE IN THE CITY OF VERNON WHEREAS, Owens -Brockway Glass Container, Inc., a glass bottle manufacturer, is requesting an amendment to their existing variance. Owens -Brockway is requesting that conditions "i" and "j" of the variance approved on February 19, 2003, be amended extending the completion date of certain items; and WHEREAS, Owens Brockway Glass Container, Inc. (hereinafter referred to as "Owens Brockway") owns a 17.42-acre parcel located at 2923 Fruitland Avenue in the City of Vernon (hereinafter referred to as "Property"); and WHEREAS, due to the unique nature of Property and the circumstances surrounding its potential use, Owens Brockway is seeking a variance from Section 26.4.2-6, Automobile parking requirements, of the Comprehensive Zoning Ordinance through the exclusion of the second floor Building A from the calculation of the automobile parking requirements; and WHEREAS, the Property is located in the M-Zone, General Industry; and WHEREAS, the Property is used for manufacturing and warehousing of the manufactured product which is consistent with', the objectives of the General Plan and Zoning Ordinance; and WHEREAS, Owens Brockway is contemplating the sale of a 2.52 acre portion of property (hereinafter referred to as the "Subject Property"); and -1- 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in order to create this parcel, a lot line adjustment is necessary; and WHEREAS, the lot that will be sold will comply with the City's parking and loading requirements, however the remaining Property will not; and WHEREAS, by selling the Subject Property, the remaining Property will be made less conforming; and WHEREAS, Section 26.4.2-6 of the 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; 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, 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 WHEREAS, a 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; 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, under a strict application of the parking requirement in 26.4.276, Owens Brockway would need to provide an additional 56 automobile parking spaces; and WHEREAS, there is no physical area in which to place those additional spaces; and WHEREAS, in addition, Owens Brockway was not able to locate any available parking on adjacent sites; and WHEREAS, 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, or Building A2; and WHEREAS, Owens Brockway has been operating on the site for over 80 years; and WHEREAS, this building has been used for manufacturing and warehousing of the manufactured product and it continues to be used for the same purpose; and WHEREAS, it presently provides 161 spaces in excess of the total number of employees; and WHEREAS, 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; and WHEREAS, consequently, the existing use does not and will not adversely affect the interest of the public or vicinity of the premises; and -3- 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, 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; and 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 May 28, 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 June 4, 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, -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building, is hereby granted Owens Brockway located at 2923 Fruitland Avenue. 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) 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. r e) Upon any change in use, occupancy, or ownership of all or a portion of the Property, the entire Property shall be made -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 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. � °U iir i) cc6r€f:w ulri _1d:.W ©n ' " .. Mall a3 n �I qp �r3 ' st._ x ] a e it2;`i d t � � 37 T1�`" t 1 .t` atfis _.t€7 t #' eest {fi r1 of the us 1 e ldi min o;uief e D� erri7�ac Failure `to exeou'10 a��eord '. -6- 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.8209 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, June 4, 2003 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk W0 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 Council City of Vernon Honorable Members: rc 5 EDUARDOOLIVO 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 CITY HALL 5,SANTA FE AVENUE, VERNON, CALIFORNIA 90058 LEPHONE (323) 583-8811 May 29, 2003 y BRUCE W. OLSON Police Chief FAX: (323) 826-1481 On February 19, 2003, a public hearing was held to consider a request for a variance from Owens Brockway Glass Container, Inc. (Owens), located at 2923 Fruitland Avenue, and approved. After further review of the staff report dated February 11, 2003, Owens has determined that additional time is necessary to complete conditions "i" and "j". Submitted herewith are the following supporting documents: 1. Staff Report dated May 28, 2003. 2. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. It is hereby recommended that conditions "i" and "j" be amended to read as follows: 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 on or before December 31, 2003. Failure to execute and record a covenant and agreement restricting the use of the property will void the variance. M Page 2 Owens -Brockway j. This variance shall become void if the lot line adjustment described in this variance document is not approved by the City Council by December 31, 2003. Very truly yours, Bruce V. Malkenhorst City Administrator/City Clerk BVM/gm `� pF VER '1 4 Y reeM �J .11 f G4"'ELV IT49 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, rector of Community Services & Water DATE: May 28, 2003 SUBJECT: Amendment - Variance for Owens -Brockway Glass Container, Inc. located at 2923 Fruitland Avenue Owens -Brockway Glass Container, Inc., a glass bottle manufacturer, is requesting an amendment to their existing variance. Owens -Brockway Glass Container, Inc. was recently issued a variance from the automobile parking requirements Section 26.4.2-6 of the Comprehensive Zoning Ordinance, which allows Owens -Brockway to exclude the calculation of the automobile parking requirements for Building A2. Building A2 is proposed to be used exclusively for housing of equipment and the operation of a conveyor belt. The variance also requires Owen -Brockway to execute 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. In addition, Owens Brockway is contemplating selling approximately 2.52 acres of the property. In order to effect 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. While in the process of complying with the conditions referenced in the staff report dated February 11, 2003, Owens -Brockway has determined that additional time is necessary to complete conditions (i. and j.) within the time restrictions described in the variance document. Owens -Brockway is requesting an amendment to their variance to amend the time restrictions described in conditions (i. and j.). Herewith for your consideration are the following supporting documents: 1. Staff Report 2. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. After studying Owens-Brockway's request, it is recommended that conditions "i" and "j", be amended. The following conditions are proposed to be amended to read as follows: r 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 on or before December 31, 2003. 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 December 31, 2003. SKW/sc �q OF wER,� C71\ '�VELY INOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: October 21, 2003 SUBJECT: OWENS BROCKWAY Please be advised that the Building Department recently issued a building permit for the minor regrading of the Owens Brockway site. They are proposing to regrade a small portion of the site so that rainwater drainage will not cross over proposed property line. The rainwater will be redirected to a new sump which will have a pump that will discharge to the street. The system is far from perfect but meets the requirements as we have set forth. It should be noted that the existing lot is level with very poor drainage patterns. Owens Brockway will also be filling the potholes on the site as part of the construction, but the City's equipment stored on the site will prohibit them from getting to all of them. Additionally some of the MGS equipment that was placed on two valve boxes prohibit their removal as the plans had called for. Instead it is proposed that we cap the two fire lines and have the MGS contactor remove these boxes in the future when the equipment is removed. SKW/ca City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, 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, June 4, 2003 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 is requesting an amendment to their existing variance to amend the time restrictions described in conditions (i. and j.) 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. ' CE V. MALKENHO T City Administrat /City Clerk D 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 19, 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 amendment to a variance for the property located at 2923 Fruitland Avenue in the City of Vernon. The applicant, Owens Brockway Glass Container, Inc is requesting an amendment to their existing variance to amend the time restrictions described in conditions (i. and j.). 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 June 4, 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 tru ours, S ell Wilson, P.E. Director of Community Services & Water SKW:sc Enclosure SUPPORTING DOCUMENTS s STAFF REPORT OWENS BROCKWAY GLASS CONTAINER, INC. 2923 FRUITLAND AVENUE AMENDED VARIANCE APPLICATION May 28, 2003 Owens -Brockway Glass Container, Inc. was recently issued a variance from the automobile parking requirements Section 26.4.2- E of the Comprehensive Zoning Ordinance, which allows Owens - Brockway to exclude the calculation of the automobile parking requirements for Building A2. Building A2 is proposed to be used exclusively for housing of equipment and the operation of a conveyor belt. The variance also requires Owen -Brockway to execute 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. In addition, Owens Brockway is contemplating selling approximately 2.52 acres of the property. In order to effect 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. While in the process of complying with the conditions referenced in the staff report dated February 11, 2003, Owens -Brockway has determined that additional time is necessary to complete conditions (i. and j.) within the time restrictions described in the variance document. Owens -Brockway Glass Container, Inc., a glass bottle manufacturer, is requesting an amendment to their existing variance. Owens -Brockway is requesting that conditions "i" and "j" of the variance approved -1- on February 19, 2003, be amended extending the completion date of certain items. 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 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. A portion of Building A2 is occupied by a conveyor belt, which transports assembled boxes down to the first floor. These -2- 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 purposes. Presently, Owens Brockway is contemplating selling approximately 2.52 acres of the Property; specifically, a portion -3- ` 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.... 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 -4- 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, Cl, 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: 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 -5- 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 G1 - 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 A2 - 58 Building B - 21 Building C1 - 8.41 Building C2 - 14.4 Building D - 11.5 Building E - 17.2 Building H - 0 Building J - 0 Building K - 0 Building L - 3.8 Building M - 0 Building N - 3.6 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 411 417 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 -7- 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 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. -10- 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. 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. -11- 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 -12- 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. j . ThA;uraz'.,. N, y`sh111 vdpol rN"�`he 1€t usnt` iNles i t s vvarac do c n t is :not j GWk -13- f 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. -14- COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator 4.4-11 FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: May 19, 2003 SUBJECT: Amendment - Variance for Owens -Brockway Glass Container, Inc. located at 2923 Fruitland Avenue Owens -Brockway Glass Container, Inc., a glass bottle manufactures requesting an amendment to their existing variance. Owens -Brockway is requesting that conditions "i" ands of the variance approved on February 19, 2003, be amended extending the completion date of certain items. It is recommended that a public hearing be set for June 4, 2003. 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, June 4, 2003 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 is requesting an amendment to their existing variance to amend the time restrictions described in conditions (i. and j.) 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. J3-RYCE V . MALKENHOF 6T City Administrat /City Clerk