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Resolution No. 83591 RESOLUTION NO. 8359 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE 3 AMENDMENT TO OWENS-BROCKWAY GLASS CONTAINER, INC. FROM SECTION 26.4.2-6 4 OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 2923 5 FRUITLAND AVENUE IN THE CITY OF VERNON 6 WHEREAS, Owens -Brockway Glass Container, Inc. 7 (hereinafter referred to as "Owens -Brockway"), a glass bottle 8 manufacturer, was granted a variance from Section 26.4.2-6 on 9 February 11, 2003; and 10 WHEREAS, Owens -Brockway determined that additional 11 time was necessary to complete conditions (i. and j.) of the 12 subject variance and requested that the variance be amended; and 13 WHEREAS, the City Council amended conditions (i. and 14 j.) of the variance, which extended the completion date of 15 conditions (i. and j.) until December 31, 2003; and 16 WHEREAS, Owens -Brockway did not complete conditions 17 (i. and j.) within the time restrictions contained in the 18 amended variance and there by voided the amended variance; and 19 WHEREAS, Owens -Brockway has requested that a new 20 variance from Section 26.4.2-6 of the Comprehensive Zoning 21 Ordinance be approved; and 22 WHEREAS, Owens -Brockway Glass Container, Inc. owns a 23 17.42-acre parcel located at 2923 Fruitland Avenue in the City 24 of Vernon (hereinafter referred to as "Property"); and 25 WHEREAS, due to the unique nature of Property and the 26 circumstances surrounding its potential use, Owens -Brockway is 27 seeking a variance from Section 26.4.2-6, Automobile parking 28 requirements, of the Comprehensive Zoning Ordinance through the -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 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 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 -2- 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 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 WHEREAS, 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; 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 -3- 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, 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 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 January 19, 2004, 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 January 28, 2004; and -4- 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 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained herein - above are true and correct. SECTION 2: A variance from Section 26.4.2-6, of the Comprehensive Zoning Ordinance, specifies that adequate off- street parking and loading space shall be provided for each use, development or property, or for each building, to accommodate all automobiles or similar vehicles of the officers, employees, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building, is hereby granted Owens -Brockway located at 2923 Fruitland Avenue. 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 -5- 1 adjustment and sale of the subject property), or upon change of 2 ownership, or if the covenant and agreement restricting the use 3 of Building A2 is breached or terminated, whichever occurs 4 first, at which time the use of the parkin g, g, access or loading 5 area(s) allowed by this variance shall be discontinued unless 6 brought into compliance with all applicable standards for 7 parking, access and loading areas set forth in the Comprehensive 8 Zoning Ordinance. 9 e) Upon any change in use, occupancy, or ownership of all 10 or a portion of the Property, the entire Property shall be made 11 to conform to all truck and automobile parking requirements and 12 all truck loading requirements, unless a new variance is 13 requested and granted by the City Council. 14 f) All parking and loading areas necessary for Owens- 15 Brockway operations shall be striped in an acceptable manner to 16 the Director of Community Services & Water and shall be paved 17 with a hard durable surface material and shall be adequately 18 drained, and kept free of dust, mud, trash and weeds. Where 19 parking or maneuvering areas adjoin the public street, a barrier 20 wall or landscaping shall be maintained to meet City standards. 21 Adequate on -site parking shall be maintained so that off-street 22 parking will not occur. 23 g) The project site shall be maintained substantially in 24 compliance with the site plan submitted, as part of this 25 variance application. 26 h) All existing and future tenants shall be notified of 27 these restrictions on the Property and a condition stating this 28 shall be placed in all future leases. -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 i) The second floor of Building A, shown as Building A2, on the site map shall remain unoccupied by people with the exception of a conveyor line. No warehousing or manufacturing areas shall be maintained in this area. Owens -Brockway must execute a covenant and agreement that satisfactory to the City, that will be recorded with the Los Angeles County Recorders Office, indicating the restriction of the use of Building A2 on or before March 28, 2004. 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 March 28, 2004. k) Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require Owens -Brockway to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 28th day of January, 2004 S C. MALBURG,'Mayor ATTEST- BRUCE V. MALKENHORST, City Clerk -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. 8359 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, January 28, 2004 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -8- SUPPORTING DOCUMENTS G STAFF REPORT OWENS-BROCKWAY GLASS CONTAINER, INC. 2923 FRUITLAND AVENUE VARIANCE APPLICATION January 19, 2004 Owens -Brockway Glass Container, Inc. (hereinafter referred to as "Owens -Brockway") 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 Owens -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. The City Council approved an amendment of the variance to extend the readings to complete conditions (i. and j.) on June 4, 2003. The amendment required Owens -Brockway to record a covenant restricting the use of Building A on its site and record a lot line adjustment by December 31, 2003. Condition (j.) of the variance stated that if the lot line adjustment was not completed -1- by December 31, 2003 the variance would become void. Owens - Brockway was not able to adjust the lot line by December 31, 2003 and variance was automatically voided. Owens -Brockway continues to want to sell off the 2.52-acre property. Therefore, they have requested a new variance be approved. BACKGROUND Owens -Brockway owns certain real property located at 2923 Fruitland Avenue. The 17.42-acre parcel is bounded by East.50`h 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. 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. -2- A portion of Building A2 is occupied by a conveyor belt, which transports assembled boxes down to the first floor. These boxes are then routed to certain sections of the first floor for sorting and packaging of bottles. No personnel work on the second floor of Building A with the exception of occasional maintenance work on the conveyor system itself. By excluding this square footage, the Property would conform to the parking requirements in all other respects. REASON FOR VARIANCE As indicated on the site map, the Property is comprised of several lots. However, the parcels are not shown on the Los Angeles County Assessor Map and, therefore, are not considered legal separate parcels. The City has recognized that the subject property consist of four parcels consisting of two parcels north and two parcels south of the Los Angeles Junction Railroad right- of-way as shown on the latest assessors map. According to the Vernon City Code ("VCC"), a "lot" is defined, in part, as a "contiguous quantity or parcel of land in the possession of, or owned by, or recorded as the property of the same claimant or person...." VCC Sec. 26.2.10. A lot is considered merged, and is to be considered as one lot for the purposes of the requirements of the City's Zoning Ordinance, when there is contiguous lots not a part of a recorded subdivision in the same ownership. Id. The entire Owens -Brockway site has been considered one lot (hereinafter referred to as "the lot") by the City for zoning purposes. -3- Presently, Owens -Brockway is contemplating selling approximately 2.52 acres of the Property; specifically, a portion of Lot 31 (hereinafter referred to as "the Subject Property"). In order to effectuate the sale of the Subject Property, a lot line adjustment must be made to create a separate lot that could be sold off from the remaining Property. According to Section 28.2 of the Vernon City Code (."VCC"), "[a]11 subdivisions, lot splits, and lot line adjustments shall conform to the General Plan and the Comprehensive Zoning Ordinance of the City of Vernon, and with any specific plan and the Master Plan of Streets." VCC Sec. 28.2. In addition, Section 28.28(a) states that no parcel shall be reduced in size unless it has sufficient area to meet building, setback, parking and fire access standards. Furthermore, "existing parking and loading facilities on [a] property cannot be reduced or removed unless substitute spaces are provided in accordance with this part." VCC Sec. 26.4.2-5. Section 26.4.2-6 of the VCC, which contains the City's automobile parking requirements, states: Adequate off-street parking and loading space shall be provided for each use, development or property, or for each building, to accommodate all automobiles or similar vehicles of the officers, employees, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building. To meet the intent of this section, the minimum parking space requirements for certain uses and buildings are declared to be as follows.... -4- The City's parking requirements are based, in part, on the type of use to which the building is being put. Industrial and manufacturing uses, warehouses, wholesale uses, public facilities and similar uses require one space per 1,000 square feet of gross floor area for automobiles. VCC Sec. 26.4.2-6. Retail and commercial uses, general offices, and similar uses other than set forth in the code or any other uses not defined or specified require one space per 500 square feet of gross floor area for automobiles. Id. Floor area is defined as "the total of all floors contained within the exterior walls of all buildings measured by the exterior dimensions of ,the building, on a lot or parcel of land." VCC 26.2.6. Once the Subject Property is created by the lot line adjustment, the remaining portion of the Property will not have sufficient parking to comply with the City's automobile parking requirements. Consequently, the Community Services Department has advised Owens -Brockway that a variance would have to be granted in order for a lot line adjustment to be approved. Due to the unique nature of the use of the remaining Property Owens -Brockway is seeking a variance. VARIANCE METHODOLOGY As indicated on the site map, there are 23 buildings situated on the Property. The buildings are identified as A, A2, B, C1, C2, D, E, F, G1, G2, G3, G4, H, J, K, L, M, N, P, Q, R, S, and T. The buildings are as follows: -5- Building A and A2 is a large two-story warehouse Building B is an office building Building C1 is an office building Building C2 is an industrial building Building D is a warehouse Building E is a warehouse Building F is a warehouse Building G1 is an industrial building Building G2 is an industrial building Building G3 is an industrial building Building G4 is an industrial building Building H is a new oxygen equipment yard Building J is an oxygen equipment room Building K is an electrical substation Building L is a batch house Building M is a batch house Building N is an electrostatic precipitator Building P is a furnace Building Q contains pollution control scrubbers Building R contains pollution control scrubbers Building S is a compressor room Building T is a water-cooling tower The other factor in determining the requisite number of parking spaces is the square footage of the building or buildings situated on a parcel or lot. The square footage of the buildings on the lot is as follows: Building A - 138,100 Building H - 0 Building A2 - 58,000 Building J - 0 Building B - 10,487 Building K - 0 Building C1 - 4,205 Building L - 3,800 Building C2 - 14,422 Building M - 0 Building D - 11,500 Building N - 3,580 Building E - 17,187 Building P - 31,680 Building F - 6,000 Building Q - 0 Building 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 F - 6 Building G1 - 35.5 Building G2 - 10.2 Building G3 - 16 Building G4 - 35.5 Building H Building J Building K Building L Building M Building N Building P Building Q Building R Building S Building T 0 0 0 3.8 0 3.6 - 32 0 1.7 3.9 - 0 416.81 or 417 417 automobile stalls would be required if Section 26.4.2-6 were applied strictly. The remaining Property is currently unable to physically accommodate that number of stalls. However, if the second floor of the Building A, or Building A2, was excluded from the parking calculation, then the total number of stalls required is 359. There is adequate space on the remaining Property to meet this parking requirement. It appears that the exclusion of Building A2 is reasonable because a portion of Building A2 is used for housing equipment and the operation of a conveyor belt with the remainder being vacant. The second floor is not occupied by any of Owens -Brockway personnel. Significantly, Owens -Brockway has agreed that it will enter into a covenant and agreement restricting the use of Building A2, so that no personnel will inhabit Building A2 nor product will be stored in that area. The rationale for excluding Building A2 from the calculation of the parking requirement is also consistent with the policy behind the parking requirement in Section 26.4.2-6, which is to accommodate the automobiles of those transacting business at the -7- enterprise or building. Owens -Brockway currently employs 80 people on day shift, 60 people on swing shift, and 60 people on graveyard shift. According to Owens -Brockway, the maximum number of employee vehicles at the site at one time is 78; which would occur during a shift change. If the variance were granted Owens - Brockway would still be providing 361 parking spaces for 200 employees, 78 of which could be using the parking at one time. Since, Owens -Brockway would be providing parking well in excess of the number of employees, and there is no one transacting business on the second floor of the building, there does not appear to be any need to provide 58 additional parking spaces for a non-existent use. If a variance were not granted, the parking demands imposed by a strict application of Section 26.4.2-6 would restrict Owens- Brockway's ability to use its land in the most efficient and economic manner by inhibiting its ability to sell a portion of its Property. In addition, if a variance were not granted, Owens - Brockway would have to reduce the number of required spaces or find alternative parking on an adjacent site. Owen -Brockway has informed the City that there are no undeveloped lots available for parking on adjacent sites. Alternatively, one way of reducing 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. -10- d) The purpose of the parking requirement is to accommodate all automobiles or similar vehicles of officers, employees, vendors, salesmen, visitors, and other persons normally transacting business at the enterprise or building. Owens -Brockway has occupied the site since the 1920s. Over those many years, the number of employees required to manufacture glass bottles and containers has decreased. There are currently 200 employees working during the entire three shifts. During a shift change, a total of 78 parking spaces are used. With 361 automobile parking stalls being provided if a variance were granted, it does not appear that Owens-Brockway's use requires the 56 additional spaces required under the Zoning Ordinance. 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. -11- Therefore, it is recommended that the variance be granted with the following conditions imposed on the permit to adequately protect the public interests: a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. b. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris. c. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. d. This variance shall automatically expire at the time of any expansion, or structural alteration of any building on the Property (for purposes of these conditions, the "Property" means that portion of the real property located at 2923 Fruitland Avenue that remains intact after the lot line adjustment and sale 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 -12- 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. 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 -13- March 28, 2004. 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 March 28, 2004. 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- SUPPORTING DOCUMENTS Page 1 of 4 APPLICATION FOR VARIANCE d .Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description) See attached Preliminary Title Report dated -May 8, 2002 General location (give street address) : 2923 Fruitland Avenue, City of Vernon Name of Applicant (s) : Owens Brockway Glass Container, Inc., successor by merger to Owens-1114noTs / (print or type name of business) Glass Container, Inc. c/o James W. Baehren Mailing address One Seagate, 5th Door, Toledo Ohio Phone No.419.247.5000 Record Owner(s) of property: Name Owens -Brockway Glass Container, Inc., successor by Merger to C/o James W. Baehren Owens-Illinois Glass Container, Inc. Mailing address one Seagate, ;nth Floor, Toledo, Ohio Phone NO. 419.247.5000 Property Owner (s) representative: Name . James W. Baehren Mailing address One Seagate, '5th Floor, Toledo Ohio Phone No.419.247.5000 relationship to owner(s) (engineer, contractor, attorney, purchaser, lessor) attached. Written consent of owner(s) must be Present use of property: Glass Manufacturing Plant Present Zoning: Proposed use of property: Glass Manufacturing Plant How long has owner -held title to this property? 50+ years Are there any easements controlling the use of this property? No Yes described Per the Preliminary Title Report attached - Expiration date N/A Are there any private or deed restrictions controlling use of this property? No Yes, describe_ .i' 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: A. -- stand alone equipment shall be removed from the calculation wa of a covenant duly recorded in the count official records tied to the la it uc assigns. l � l?f ;-AVi!�-4 J e Jr I NOTICE TO APPLICANT• In the variance procedure it shall be shown that the following five (5) conditions exist in reference to the property being considered. The applicant should answer the following statements. If you have difficulty finding reasonable answers to the statements contained in this application it may be an indication that your request has insufficient factors to justify approval. (Attach additional sheet(s) if necessary. (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone: Special circumstances exist, regarding item A, above whereby the nature of the operation conducted at this facility require housing of certain operations without a demand for continual occupancy by maintenance and repair personnel. Personnel are housed elsewhere on the campus and accounting for parking for essential equipment would impose hardship on the operation and its future growth. Special circumstances exist regarding item B above whereby the second floor, originally designated as storage no longer practically serves the existing operations due to the changing nature of the warehouse needs of the operator. It is limited and costly to store in this facility above the ground -floor due to the constricted second floor access for both delivery and retrieval. The applicant is prepared to ensure conformance with a_ grant of variance by way of a covenant duly recorded in the county official records, tied to the land, its successors and assigns. (2) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other propertied in the same vicinity and zone in which the property is located, under the terms ofthisChapter. The parking demand imposed by the strict application of would be restrictive in terms of the ability of the operator to.use its land for future expanded operations. Page 3of4 (3) That the special conditions and circumstances do not result from actions of the applicant: The above conditions subject of this variance application are not imposed by the applicant, but are more the nature of the manufacturing operations in which it is engaged. (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located: The grant of variance would not bestow any special privilege on the applicant. The nature of the request pertains to a condition regarding equitable application of the intent of the zoning ordinance as to satisfying parking demands within the bounds of any property. (5) That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: The grant of variance should have no impact regarding the general plan All parking required under the ordinance to support the operations will be.housed adequately onsite: NOTE: Non -conforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of a variance. Are the required. site and design plot plans showing the area covered in the legal des tion and all existing and proposed improvements attached? No/ es Are the required three (3) area maps attached? N Yes Page 4 of 4 Is there a certified list attached of names and mailing' addresses of all property owners within 3001 of exterior boundaries of the property in this application? No� es Is the required fee enclosed? No e 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 foregp)ing.is true, complete, and accurate. 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CALIFORNIA 90058 3667 Atlantic Avenue #3 a io I Long Beach, California 90807 0 tel: (562) 427-8200 fax: (562) 427-6030 w SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 January 19, 2004 Interested parties or properly 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 Light & Power FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Enclosed herewith for your information is a Notice of Public Hearing to consider an application for variance for the property located at 2923 Fruitland Avenue in the City of Vernon. The applicant, Owens Brockway Glass Container, Inc. has submitted a complete application for a variance from Section 26.4.2-6 of the Comprehensive Zoning Ordinance. They are proposing to exclude designated areas used exclusively for housing of equipment from the required parking and loading requirements of section 26.4.2-6 at their existing facility located at 2923 Fruitland Avenue. A copy of the application and supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the meeting on January 28, 2004 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. V?el yours, �? Svi ilson, P.E. Director of Community Services & Water SKW:sc Enclosure 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, January 28, 2004 at 5:00 p.m. Applicant: Owens Brockway Glass Container, Inc. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Owens Brockway has requested a variance from Section 26.4.2-6, the parking and loading requirements, of the Comprehensive Zoning Ordinance. Property Involved: 2923 Fruitland Avenue (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this Variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. BR CE V. MALKENHOAST City Administra r/City Clerk C.` 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, January 28, 2004 at 5:00 p.m. Applicant: Owens Brockway Glass Container, Inc. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Owens Brockway has requested a variance from Section 26.4.2-6, the parking and loading requirements, of the Comprehensive Zoning Ordinance. Property Involved: 2923 Fruitland Avenue (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this Variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. BR CE V. MALKENH ST City Administrat r/City Clerk COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson rector of Community Services & Water DATE: January 19, 2004 SUBJECT: Variance for Owens -Brockway Glass Container, Inc. located at 2923 Fruitland Avenue The City Council approved an amendment of Owens -Brockway automobile parking variance on June 4, 2003. The amendment required Owens -Brockway to record a covenant restricting the use of building A on its site and record a lot line adjustment by December 31, 2003. Condition 0.) of the variance stated that if the lot line adjustment was not completed by December 31, 2003 the variance would become void. Owens -Brockway was not able to adjust the lot line by December 31, 2003 and therefore the variance was automatically voided. Owens -Brockway continues to want to sell off a 2.52-acre of its property in order to accommodate this transaction a lot line adjustment and parking variance must be approved. Therefore, they have requested a new variance be approved. It is recommended that a public hearing be set for January 28, 2004. SKW/sc Enclosure SUPPORTING DOCUMENTS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 19th day of January, 2004, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held January 28, 2004, (see attached copies) regarding a variance for Owens Brockway Glass Container, Inc. from Section 26.4.2-6 of the City of Vernon Comprehensive Zoning Ordinance. They are proposing to exclude designated a area used exclusively for housing of equipment from the required parking and loading requirements of Section 26.4.2- E at their existing facility located at 2923 Fruitland Avenue. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. --> Date: 19, 2004 State of California ss. County of Los Angeles io CaiUles, Engineering Aide On before me, JL "Sca Notary Publi , personally appeared Sergio Canales, personally known to me -(er knewn teen the basis of _a}isfaetei- r ;de ee` to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ,11 GLORIA J. OROSCO -- Comm. # 1370778 to N S NOTARY PUBLIC -CALIFORNIA =' 0 My Los Angeles County Comm. Expires Aug. 27, 2006 4 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 January 19, 2004 I mailed a copy of NOTICE OF PUBLIC HEARING to be held on January 28, 2004 along with the attached letter regarding a Variance application for Owens Brockway Glass Container, Inc. located at 2923 Fruitland Avenue in the City of Vernon to exclude a designated area used exclusively for housing of equipment from the required parking and loading requirements of Section 26.4.2-6, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. 0