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Resolution No. 82741 RESOLUTION NO. 8274 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO 3 COOPER'S COLD FOODS, INC. FROM SECTION 26.4.2-8(c) AND (e) OF THE 4 COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4510 SEVILLE AVENUE 5 IN THE CITY OF VERNON 6 WHEREAS, Cooper's Cold Foods, Inc. ("Cooper's") is 8 requesting a variance from Section 26.4.2-8(c) and (e), 9 Development Standards, of the Comprehensive Zoning Ordinance fori 10 the property located at 4510 Seville Avenue in the City of 11 Vernon (hereinafter referred to as "the Property"); and 12 WHEREAS, the Property is located in the M-Zone, 13 General Industry; and 14 WHEREAS, the Property is used for food processing and 15 distribution which is consistent with the objectives of the 16 General Plan and Zoning Ordinance; and 17 WHEREAS, these non -conforming truck loading spaces 18 front Seville Avenue; and 19 WHEREAS, Section 26.4.2-8(c) of the Zoning Ordinance 20 specifies that each truck loading space shall be a minimum of 21 ten (10) feet wide, sixty-five (65) feet long; and 22 WHEREAS, Section 26.4.2-8(e) of the Zoning Ordinance, 23 requires a forty (40) foot maneuvering area in front of truck 24 loading and parking spaces; and 25 WHEREAS, according to Section 26.4.6-7 where a 26 nonconforming building has been vacant for at least one year, it 27 must be brought into conformity; and 28 -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, Cooper's building has been vacant for over a year and Cooper's is in the process on reconstructing the building; and WHEREAS, Cooper's proposed development would bring the Property into full conformity with the applicable regulations prior to occupying the structure by providing automobile parking, two fully conforming truck loading spaces and one fully conforming truck parking space; and WHEREAS, Cooper's is requesting permission to use five additional non -conforming truck -loading spaces; and WHEREAS, Cooper's has determined that its facility could operate in a more efficient manner if it uses the existing, non -conforming, truck -loading spaces with small trucks that could easily maneuver into the spaces; and WHEREAS, Cooper's has agreed to record a covenant with the Los Angeles County Recorder limiting the use the five (5) non -conforming truck loading spaces to trucks that do not extend into the street right-of-way as shown on 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 WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for warehousing and distribution; and -2- 1 WHEREAS, Cooper's has agreed to use shorter trucks 2 that will not extend into or maneuver on the public right -of 3 way; and 4 WHEREAS, the City Council has received a Staff Report 5 dated August 25, 2003, upon which it has relied in making the 6 foregoing recitals; and 7 WHEREAS, the City Council of the City of Vernon held a 8 hearing on said application for a variance on September 3, 2003; 9 and 10 WHEREAS, the strict application of the off-street 11 parking, access and loading requirements of the Zoning Ordinance 12 makes an unreasonable hardship to the applicant; and 13 WHEREAS, the existing use does and will not adversely 14 affect the surrounding area; and 15 WHEREAS, the use is providing the required the number 16 of spaces and/or specified by the zoning ordinance and those use 17 of the five truck loading spaces is not needed; and 18 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 19 THE CITY OF VERNON AS FOLLOWS: 20 SECTION l: The City Council of the City of Vernon 21 hereby finds and determines that the recitals contained herein 22 above are true and correct. 23 SECTION 2: A variance from Section 26.4.2-8(c) and 24 (e), Development Standards of the Comprehensive Zoning 25 Ordinance, requiring all truck loading spaces to be ten (10) 26 feet wide by sixty-five (65) feet long, with forty (40) foot 27 maneuvering area is hereby granted Cooper's located at 4510 28 Seville Avenue. -3- 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 5 fees as adopted by the City of Vernon not otherwise 6 addressed by this grant of a variance. 7 b) The applicant shall maintain the yard clean, free of debris, 8 and prevent the off -site migration of debris. 9 c) The facility shall be operated in a manner that will prevent 10 unsanitary conditions, odors or other nuisances. 11 d) Cooper's shall repair any broken, cracked or displaced 12 sidewalk, curbs or gutters adjoining the site. 13 e) All parking and loading areas necessary for Cooper's 14 operations shall be striped in an acceptable manner to the 15 Director of Community Services & Water and shall be paved 16 with a hard durable surface material and shall be adequately 17 drained, and kept free of dust, mud, trash and weeds. Where 18 parking or maneuvering areas adjoin the public street, a 19 barrier wall or landscaping shall be maintained to meet City 20 standards. All required on -site parking and loading shall be 21 maintained so that off-street parking will not occur. 22 f) The project site shall be maintained substantially in 23 compliance with the site plan submitted, as part of this 24 variance application. 25 g) The usage of all truck loading and parking spaces shall be 26 limited so that all trucks shall enter the site in a front 27 forward manner. No maneuvering of trucks shall take place in 28 the street right-of-way and no truck parked at or using the -4- 1 loading docks shall extend into the street right-of-way as 2 shown on the Master Plan of Streets, dated June 16, 1992. 3 h) All existing and future tenants shall be notified of these 4 restrictions and a condition stating this shall be placed in 5 all future leases. 6 i) The facility shall be operated in a manner, which will not 7 impede traffic on Seville Avenue or 46th Street. 8 j) Signs shall be posted in front of the nonconforming truck 9 loading space stating the restrictions on the length of 10 trucks and the access requirements of the subject loading 11 docks. The sign shall be'a minimum 3" type adjacent to each 12 driveway entrance that states, "Maximum Length vehicles 13 allowed in this site is 25 feet in length. No maneuvering 14 shall take place in the street right-of-way. All violations 15 are subject to a fine not to exceed $500.00". 16 k) The facility's building shall be structurally maintained to 17 exclude rodents and the property shall be maintained rodent 18 free. 19 1) A covenant shall be recorded with the Los Angeles County 20 Recorders offices prior to construction advising all future 21 property owners that all trucks accessing the non -conforming 22 spaces are limited to a maximum of 25 feet in length, and 23 that no maneuvering shall take place in the public right-of- 24 way. That any violation of this requirement is subject to a 25 maximum $500.00 fine, and that signs regarding the maximum 26 - length of the trucks permitted on the property are to be 27 posted. 28 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 m) The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size and maneuvering requirement. n) The variance shall expire upon change of use, change in ownership interest, and/or the issuance of a new occupancy permit. 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; Cooper's to remove all nonconforming truck loading spaces. 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 3rd day of September, 2003 LEONIS C. M ATTEST: BRUCE V. MALKENHORST, City Clerk Mayor -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.8274 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, September 3, 2003 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) bxUUE V . MAL&ENhux"i-i-, uiuy uierE -7- City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa he 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, September 3, 2003 at 5:00 p.m. Applicant: Cooper's Cold Foods, 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: Cooper's Cold Foods, Inc. has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance to utilize five (5) existing non -conforming truck -loading spaces. Property Involved: 4510 Seville 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, 4365 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. BRUCE V. MALKENHORST 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 25th day of August, 2003, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held September 3, 2003, (see attached copies) regarding a Variance application for Cooper's Cold Foods, Inc. located at 4510 Seville Avenue in the City of Vernon from Section 26.4.2-8(c) and (e) of the Comprehensive Zoning Ordinance to utilize five (5) non -conforming truck -loading spaces. 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 publ'shed in the City of Vernon. Date: August 25, 2003 io q''jnales, Engineering Aide State of California ) ss. County of Loj; Angeles ) %� On &9Z9=3 before me, Not ar47 Pul6lic, personally appeared Sergio Ca ales, personally known to me Te e..,., to ffte en the b ac-# 3!Fy: evidene �_ Z'�'e f—ea � - __ - 1 c 9zacrlcc � 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 Illy hand and o icial seal GLORIA J. OROSCO (� • Comm. 1370778C IA NOTARY PUBUC•CAJIFORNA Y/ 10a Angeles County r MY Comm cxpirea Avg. 2712000 ,.� 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 August 21, 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 4510 Seville Avenue in the City of Vernon. The applicant, Cooper's Cold Foods, Inc. are requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance to allow the use of five (5) non -conforming truck -loading spaces. The non -conforming truck loading spaces face Seville Avenue and measure 10.0 feet in width and 50.0 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 these loading spaces with the condition that the loading spaces 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 September 3, 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 urs, S el Ke ilson, P.E. Director of Community Services & Water SKW:sc Enclosure 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 August 25, 2003 I mailed a copy of NOTICE OF PUBLIC HEARING to be held on September 3, 2003 along with the attached letter regarding a Variance application for Cooper's Cold Foods, Inc. located at 4510 Seville Avenue in the City of Vernon to utilize five (5) non -conforming truck loading spaces, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. 03 0007153 NOTICE OF EXEMPTION TO: Office of Planning and Research FROM: City of Vernon PO Box 3044 4305 Santa Fe Avenue Sacramento, CA 95812 Vernon, CA 90058 X. County Clerk County of Los Angeles Environmental Filings 12400 E. Imperial Hwy. Room 1101 FILED Norwalk, CA 90650 Project Title O C T 0 12003 Cooper's Cold Foods, Inc. tV1 MIV D &M-M 1DUIPV A WTV N [ Project Location - Specific 4510 Seville Avenue, Vernon, CA 90058 Project Location — City Vernon - Project Location - County Los Angeles Description of Nature, Purpose and Beneficiaries of Project Cooper's Cold Foods, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c) and (e), Development Standards for the property located 4510 Seville Avenue in the City of Vernon. The variance is to allow the use of five (5) existing non -conforming truck -loading spaces. The loading spaces, however, will be restricted to trucks that do not extend into the public right-of-way. Name of Public Agency approving project City of Vernon Name of Person or Agency carrying out project Cooper's Cold Foods, Inc. Exempt Status: (check one) Ministerial (Sec. 21080 (b) (1); 15268 Declared Emergency (Sec. 21080 (b) (3); 15269(a)); Emergency Project (Sec. 21080 (b) (4); 15269(b) (c)). XX Categorical Exemption - Class 1 (Sec.15301) Statutory Exemptions Reasons why project is exempt: The project is c tegorically xempt from CEQA because it is an existing facility as described in Section 15301. //lip 7 Contact W'4' �` Samuel K vin Wilson Date received for filing: Area Code/Telephone/Extension 323/583-8811/245 vr...HQU WAS--.� REGISTRAR-RECORDENCOUNIY CLERK 7 STAFF REPORT COOPER'S COLD FOODS, INC. 4510 SEVILLE AVENUE VARIANCE APPLICATION AUGUST 25, 2003 Cooper's Cold Foods, Inc. (`"Cooper's") has requested a variance from Section 26.4.2-8(c) and (e) of the Comprehensive Zoning Ordinance, Development Standards, for the property located at 4510 Seville Avenue (hereinafter referred to as "Property"). BACKGROUND Cooper's is the owner of the Property, which has been vacant for a continuous period greater than one year. According to Section 26.4.6-7 such a building shall not be occupied except if it has been brought into conformity with all regulations of the zone in which it is located. The owner's development proposal would bring the Property into full conformity with the applicable regulations prior to occupying the structure by providing two fully conforming truck loading spaces and one fully conforming truck parking space. The owner, however, has requested permission to continue to use five existing non -conforming docks, thus prompting this variance application. Cooper's property is situated in the M-Zone, General Industrial. The building that Cooper's proposes to occupy is approximately 11,900 square feet in size and was originally constructed with five truck loading spaces measuring 10.0 feet in width and 50.0 feet in length. These truck -loading spaces do not -1- r conform with the requirements of the Zoning Ordinance, which was enacted after the building was constructed. Cooper's proposes to use the building for warehousing and distribution. Cooper's has stated that only vehicles of smaller lengths will be used at the non -conforming truck -loading spaces. The building, as mentioned above, has been vacant for a continuous period greater than one year. Cooper's is requesting a variance from the requirements of Section 26.4.2-8(c) and (e) so it can continue using the non -conforming truck loading spaces and agrees that the spaces will be used by smaller trucks and will not extend in the street right-of-way. Cooper's has stated that it will advise all future tenants of 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. VARIANCE METHODOLOGY The applicant is requesting a variance from Section 26.4.2- 8(c) and (e) 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 with a forty feet maneuvering area. PARKING ANALYSIS Section 26.4.6-7 states that a non -conforming building or a portion of a non -conforming building, which is vacant for a continuous period of at least one (1) year, shall not thereafter IWE Ci be occupied except in the case that it has been brought into conformity with all of the regulations of the zone in which it is located. The applicant proposes to provide all required automobile parking, truck parking and truck loading, thereby bringing the Property into conformity. However, the applicant is requesting a variance to allow it to use five additional truck - loading spaces that do not conform with the exact code requirements. Pursuant to Section 26.4.6, the intent of Chapter 26 is 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. Section 26.4.E-4(d) establishes that the City may relieve the occupant of all or part of the provisions of the off- street parking, access and loading requirements. As previously mentioned the applicant's building was built with five (5) truck -loading spaces that do not conform to the subsequently enacted Zoning ordinance. These five (5) truck - loading spaces measure 10.0 feet in width and 50.0 feet in length. The use of these non -conforming truck loading spaces shall be limited and the occupant will be required to use shorter trucks in these spaces and provide all maneuvering onsite to avoid any backing up from vehicles in the public right-of-way as defined by the Master Plan of Streets dated June 16, 1992. The use of these spaces, in this limited manner, is consistent with the intent of the code. -3- 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 26.4.2-8(e) requires that easy access be provided to all loading and parking facilities and a minimum forty feet of unobstructed space shall be maintained in front of all required truck parking and loading spaces. All vehicles are required to enter and leave the facility in a front forward fashion without backing or maneuvering on the public right-of-way. Section 26.4.6-7 states that a non -conforming building or a portion of a non -conforming building, which is vacant for a continuous period of at least one year, shall not thereafter be occupied except in the case that it has been brought into conformity with all the regulations of the zone in which it is located. Cooper's building has been vacant for a continuous period of at least one year, therefore, must bring its self into conformity with the zoning regulations. Cooper's site development plans shows full compliance with the City's parking and loading requirements. A twelve -stall surface parking lot and three truck parking/loading stalls are required and are being provided. Cooper's, however, is requesting permission to use five (5) additional truck -loading spaces that do not conform to the exact code requirements of Section 26.4.2-8(c) of the current City of Vernon Comprehensive Zoning Ordinance. These loading spaces are QM 10 feet wide and 50 feet long including maneuvering area. Currently, the building is undergoing reconstruction, which will provide all required automobile parking (twelve, 8 1/2 feet wide and 19 feet long) and truck parking and truck loading (three, 10 feet wide and 65 feet long). As previously mentioned, these five (5) non -conforming truck -loading spaces are not required under the zoning regulations. However, since they already exist, Cooper's would like the option of using these spaces. Since the proposed building is less then 12,000 square feet of gross floor area, the applicant is entitled to request an exception to the development standards for truck parking and loading. City staff has determined that the proposed site and development of the property is consistent with the applicable development standards. Therefore, all parking activities will be maintained on -site within the premises and Cooper's will supply adequate parking and loading off -site for the proposed development. The applicant ultimately determined that its facility could operate in a more efficient manner utilizing the non -conforming spaces with small trucks that could easily maneuver into the spaces. In order for the non -conforming loading spaces to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be demolished and would change the whole configuration of the building. This option would be very costly and timely and would cause an unreasonable -s- hardship to the applicant given the fact that Cooper's is providing all the required parking and loading and that these loading spaces are above and beyond those required by the Zoning Ordinance. The applicant is completely aware that any truck using the non -conforming loading spaces may not extend or maneuver in the public right-of-way as shown on the Master Plan of Streets, dated June 16, 1992, and has stated in its Application that no vehicle longer than 25 feet will be allowed in the area. The employee parking, truck parking, and loading being provided by Cooper's is more than adequate for its use and the parking will not overflow onto adjacent side streets and the surrounding area. Consequently, the proposed use does not and will not adversely affect the interest of the public or vicinity of the premises. If a variance were not granted, the requirements imposed by a strict application of Section 26.4.2-6 would hinder Cooper's ability to use its land in the most efficient and economic manner even though, the proposed building would still be able to provide all required automobile parking, truck parking and truck loading. Given that the Property will be brought into conformity, the granting of the variance to use the non- conforming truck loading spaces in addition to its required parking and loading spaces would not constitute the granting of a special privilege inconsistent with the limitations on other nearby properties. -6- This building had been used for food processing in the past and despite a change in occupancy, it will continue 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 spaces to ensure that vehicles will not extend into the street right-of-way while parked in the loading spaces. Additionally all truck maneuvering will be provided onsite, 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. 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. A Notice of Exemption will be prepared and filed with the County Clerks office. STAFF FINDINGS AND CONDITIONS Staff finds the following to be true: a) The circumstances surrounding the applicant's situation are unique. The applicant is providing all required loading and -7- parking to bring the Property into conformity with the City's Zoning regulations. Due to the original layout of the building, the most efficient operation of the facility would require the utilization of the non -conforming spaces, which were part of the original design. The physical constraints preclude the reconstruction of these additional truck parking/loading stalls with maneuvering aisles that conform to Section 26.4.2-9(i). Such circumstances create a hardship to the applicant and justify the granting of a variance in that the applicant would be deprived of all productive use of his building merely because it is not feasible to provide the requiredmaneuvering width of 40 feet. b) The variance will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the premises, the proposal is consistent with the objectives of the General Plan and Zoning Ordinance, and the granting of a variance will not constitute the granting of a special privilege. The applicant's new building will provide three (3) conforming truck spaces measuring 10.0 feet in width and 65.0 feet in length with a forty (40) maneuvering area in addition to the five (5) non -conforming truck loading spaces measuring approximately 10.0 feet in width and 50.0 feet in length. c) This building has been used for food processing and is proposed to be utilized for food distribution. The applicant has agreed that only vehicles of smaller lengths will be used at the -8- shorter non -conforming truck loading spaces and all maneuvering will be performed onsite. All vehicles will enter the site in a front forward manner and no maneuvering will take place in 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. 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. Cooper's shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. All parking and loading areas necessary for Cooper's 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, -9- 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. All required on -site parking and loading shall be maintained so that off-street parking will not occur. f. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. g. The usage of all truck loading and parking spaces shall be limited so that all trucks shall enter the site in a front forward manner. No maneuvering of trucks shall take place in the street right-of-way and no truck parked at or using the loading docks shall extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. h. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. i. The facility shall be operated in a manner, which will not impede traffic on Seville Avenue or 46th Street. j. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of trucks and the access requirements of the subject loading docks. The sign shall be a minimum 3" type adjacent to each driveway entrance that states, "Maximum Length vehicles allowed in this -10- site is 25 feet in length. No maneuvering shall take place in the street right-of-way. All violations are subject to a fine not to exceed $500.00". k. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. 1. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks accessing the non- conforming spaces are limited to a maximum of 25 feet in length, and that no maneuvering shall take place in the public right-of- way. That any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. M. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size and maneuvering requirement. n. The variance shall expire upon change of use, change in ownership interest, and/or the issuance of a new occupancy permit. 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; Cooper's to remove all nonconforming truck loading spaces. -11- E CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman 1 94City ARDO OLIVO Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 W. MICHAEL MCCORMICK - 4FINow1w - Councilman ITY HALL BRUCE V. MALKENHORST City Administrator/City Clerk 430 f Ft AVENUE, VERNON, CALIFORNIA 90058 FAX (323) 826-1438 r'1 ,1 TELEPHONE (323) 583-8811 I ffi 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 August 27, 2003 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: Cooper's Cold Foods, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c) and (e), Development Standards for the property located at 4510 Seville Avenue in the City of Vernon. The variance is to allow the use of five (5) non -conforming truck -loading spaces. The loading spaces, 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. r Honorable City Council -2 August 27, 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. Cooper's shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. All parking and loading areas necessary for Cooper's 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. All required on -site parking and loading shall be maintained so that off-street parking will not occur. f. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. g. The usage of all truck loading and parking spaces shall be limited so that all trucks shall enter the site in a front forward manner. No maneuvering of trucks shall take place in the street right-of-way and no truck parked at or using the loading docks shall extend into the street right-of-way as shown on the Master PlanofStreets, dated June 16, 1992. h. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases i. The facility shall be operated in a manner, which will not impede traffic on Seville Avenue or 46th Street. j. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of trucks and the access requirements of the subject loading docks. The sign shall be a minimum 3" type adjacent to each driveway entrance that states, "Maximum Length vehicles allowed in this site is 25 feet in length. No maneuvering shall take place in the street right-of-way. All violations are subject to a fine not to exceed $500.00". t Honorable City Council -3- August 27, 2003 k. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. 1. A covenant shall be recorded with the Los Angeles County Recorders offices prior to construction advising all future property owners that all trucks accessing the non -conforming spaces are limited to a maximum of 25 feet in length, and that no maneuvering shall take place in the public right-of-way. That any violation of this requirement is subject to a maximum $500.00 fine, and that signs regarding the maximum length of the trucks permitted on the property are to be posted. m. The property owner shall be subject to a fine not to exceed $500.00 for every truck that enters the site that violates the size and maneuvering requirement. n. The variance shall expire upon change of use, change in ownership interest, and/or the issuance of a new occupancy permit. 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; Cooper's to remove all nonconforming truck loading spaces. SKW:sc Attachments C: City Attorney Respe/Ke y submitted, 18 en Wilson, P.E. Director of Community Services & Water ` OF VgR r . e GBH LY 2749 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson Director of Community Services & Water DATE: August 21, 2003 SUBJECT: Variance for Cooper's Cold Foods, Inc. located at 4510 Seville Avenue Cooper's Cold Foods, 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 five (5) non -conforming truck -loading spaces at 4510 Seville Avenue. It is recommended that you receive this application and that a public hearing be set for September 3, 2003. SKW/sc 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, September 3, 2003 at 5:00 p.m. Applicant: Cooper's Cold Foods, 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: Cooper's Cold Foods, Inc. has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance to utilize five (5) existing non -conforming truck -loading spaces. Property Involved: 4510 Seville 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. 011 BRUCE V. MALKENHORST City Administrator/City Clerk Page 1 of 4 APPLICATION FOR VARIANCE MAY33703#1777A0362-2 12:46 AMONT 500.00 Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description) &1-rAQ"P1Mgb General location (give street address) : 7V 10 SWN04 -L-S A'/ft;N.LM!r Name of Applicant(s): ` (print or type name of business)' �. q4!70 4 d Mailing address_ i. COW WNOW t phone No . ;Xb 1-` Gera Record Owner(s) of property: Name t'• Mailing address 3 Z n'G i.A ��' « C.&MOIC&M 6 � Phone No .3Z3 ?�•f•`�L Property Owner(s) representative: Name - h_r.WA e.� CM=k:rL" Mailing address-Arj23 S,walk.& S'P Goo-WOU-C 414W441hone No.323 ZGi-1."4 relationship to owner(s) (engineer, contractor, attorney, purchaser, �4 lessor) Ili/S_. Written consent of owner (s) must be attached. Present use of property:OPresent Zoning: Proposed use of property.: L.�a. 1r1•C�VsL," How long has owner held title to this property? do-fS Are there any easements controlling the use of this property? Jo Yes described Expiration date Are there any private or deed restrictions controlling use of this property? el!> 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: T'© bW- o &aA 14—nom acU!!! lA.t U-sts ter, tit 10ao tbL AYL.�.t�► T=- ' ZM#*Aa r v%d ,4-+'! t:.-J. 1230M. u 2!Z-W ate NOTICE TO APPLICANT: In the variance procedure it shall be shown that the following five (5) conditions exist in reference to the property being considered. The applicant should answer the following statements. If you have difficulty finding reasonable answers to the statements contained in this application it may be an indication that your request has insufficient factors to justify approval. (Attach additional sheet(s) if necessary. (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and.zone: (2) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other propertied in the same vicinity and zone in which the property is located, under the terms of this Chapter. Page 3 of 4 (3) That the special conditions and circumstances do not result from actions of the applicant: (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: (5) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: jew c;;►k.ZI a =.Vkr.4 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? NoC5D 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 Make check or mc°}.ney order payable to es e City of Vernon. I declare under pnalty of perjury that to the best of my knowledge and belief the foreg ng is true, complete, and accurate. Signed:_ proper owner(s) or owners representative te_eo-!�Jr-r21 -C..Oa IVUHIH 328 M61 AVE. Instruction for preparing radius maps for zoning the City of Vernon, California. 325 329 � v � N MAGNOLIA AVE. case applications in The .following information is required for all radius maps. 1._ Prepare the map to a scale of 1"=100,. Show all properties within a 300 foot radius from the exterior boundaries of the subject property. This map shall include information shown on the sample map, including: Streets Street names Lot lines Street address 2. Locate subject property and cross -hatch as shown on sample map. 3. Draw a 300 foot radius from each corner of subject property. 4. Mark each property within the 300 foot radius with a number in a circle as shown on sample map. These numbers must correspond to the names on the required property owners list prepared from the tax roll. S. Show a north point. 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 os Angles County Tax Assessment Roll. This lis was prepared on from the Tax Roll mai ained at (name and location of of ice) It is understood that t e accuracy and complet ess of this list is the responsibility of the ap icant. Signed- (p son who repared list) On this day of undersigned a Notary Public /in -and personally appeared known to me, or proven to me tohe pers instrument. WITNESS my hand and officialAeal. 19 before me the said County and State, •. ...���... ....-��a a�aati ry 1. VLll It Notary Pub c in and for said County and My Comm i sion expires: Signed: (Applicant) to 1" CHECK LIST FOR PREPARATION OF DEVELOPMENT/PLOT PLANS ZONE VARIANCE Note: Show all of the following data in detail on the Development/Plot Plans submitted. 1. Site address, north arrow and scale (no less than 111=30').. 2. Overall dimensions of entire property. 3. Location, by dimension, and proper labeling of all: (a) Buildings (existing and proposed); (b) parking and loading areas, including layout and size of parking stalls and maneuvering areas; (c) driveways, alleys and accessways, including entrances to and from public streets; (d) site drainage; (e) all existing or proposed public or private easements; (f) floor plan if applicable of the buildings or buildings showing interior features affected by the variance; (g) circulation plan, if the application requests variation of parking, loading or related features, showing the location and width of ingress and egress points to the site, the location and dimensions and turning radii of all parking.and loading areas. t PROPERTY OWNERS LIST STATEMENT I The undersigned has duly prepared the attached "Property Owners List". The 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 Angeles County Tax Assessment Roll. This list was prepared on o 51Z31Z003 from the Tax Roll maintained at L.c5 knaeke Coan-fa cP_ 0E 5e44 J (Name and 1,bcation of office) It is understood that the accuracy and completeness of this list is the responsibility of the applicant. Signed: � (Person w prepar lit On this 23 day of 20 , before me the undersigned, a Notary Public in and for said County and S to personally appeared] h.,; oy ;w- rn- en known t6 me, or provenJio me to be the person that executed the within instrument. WITNESS my hand and official seal. i4aa'ry Public in and for said County and State .r. SOPHLA YANG Commission a 12114095 1 Notary Public —Calftmla Los Angeles County My Comm. Expires Dec 10 My commission expires: 12/w/ X MINI I " 1 6308-001-045 COOPER,ADAM T AND KYLE J 24022 PARK CASINO CALABASAS CA 91302 4 6308-001-039 FLEETWOOD PROPERTIES 2721 E 45TH ST VERNON CA 90058 7 6308-005-009 HOLLANDER,LEO AND CYNTHIA 6560 W ROGERS CIR BOCA RATON FL 33487 9 6308-005-800 L A JUNCTION RY CO 4433 Exchange Ave Los Angeles CA 90058 2 6308-001-030 HOROWITZ,RALPH TR ET AL 11911 SAN VICENTE BLVD NO 275 LOS ANGELES CA 90049 5 6308-001-024, 025, 026, 033 GROSSMAN FAMILY PARTNERSHIP 4920 N WASHINGTON DENVER CO 80216 8 6308-005-010, 011 PEP PROPERTIES INC 3111 W ALLEGHENY AVE PHILADELPHIA PA 19132 3 6308-001-029 PISTEY,WILLIAM A TR 102 N CITRUS LOS ANGELES CA 90036 6 6308-001-034 CHALMERS EQUITY CORP AND 7901 CROSSWAY DR PICO RIVERA CA 90660 X6308-001-804,806,808,809 L A JUNCTION RY CO 4433 Exchange Ave Los Angeles CA 90058