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Resolution No. 83731 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 RESOLUTION NO. 8373 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO TENZING, LLC. FROM SECTION 26.4.2-8(C) OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4520 EVERETT AVENUE IN THE CITY OF VERNON WHEREAS, Tenzing, LLC. currently owns the property located at 4520 Everett Avenue in the City of Vernon (hereinafter referred to as "the Property") and is requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance; and WHEREAS, the Property is located in the M-Zone, General Industry; and WHEREAS, the Property is proposed to be used for warehousing and distribution which is consistent with the objectives of the General Plan and Zoning Ordinance; and WHEREAS, Tenzing, LLC. has indicated that it has not and does not propose to perform any structural alterations to its facility which would require it to come into compliance with the requirements of the current Comprehensive Zoning Ordinance; and WHEREAS, the property was constructed with twelve non- conforming truck loading spaces measuring 10.0 feet in width and 49.6 feet in length; and WHEREAS, these truck loading spaces front Everett Avenue; and WHEREAS, Section 26.4.2-8(c) of the Zoning Ordinance specifies that each truck loading space shall be a minimum of ten (10) feet wide, sixty-five (65) feet long; and -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Section 26.4.6-4 (c) of the Zoning Ordinance provides, in part, that a non -conforming building must comply with these standards at the time of any changes in use, occupancy, expansion, structural alteration of the building or within five years of April 18, 1989 whichever occurs first unless a variance is granted; and WHEREAS, the previous occupant had obtained a variance from the requirements of Section 26.4.E-9(c) which expired when they vacated the site; and WHEREAS, according to Section 26.4.E-4(c), where insufficient space exists on the lot or parcel for compliance with the size of the existing loading provisions of Chapter 26, the size of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building; and WHEREAS, Tenzing, LLC. has stated that the twelve (12) non -conforming truck loading spaces facing Everett Avenue will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992; and WHEREAS, pursuant to Section 26.4.E-4(d), the City Council may relieve an occupant of all or part of the provisions of the off-street parking, access and loading requirements of this ordinance; and -2- 1 WHEREAS, Tenzing, LLC. has no plans for the expansion 2 or alteration of its building at this time, the strict 3 application.of the loading requirements of Section 26.4 of the 4 Zoning Ordinance would require Tenzing, LLC. to demolish a 5 significant portion of their building thus creating an 6 unreasonable financial hardship; and 7 WHEREAS, the existing use does not and will not 8 adversely affect the surrounding area because the site has 9 historically been used for warehousing and distribution; and 10 WHEREAS, Tenzing, LLC. has agreed to use shorter 11 trucks that will not extend into the public right -of way; and 12 WHEREAS, the City Council has received a Staff Report 13 dated February 5, 2004, upon which it has relied in making the 14 foregoing recitals; and 15 WHEREAS, the City Council of the City of Vernon held a 16 hearing on said application for a variance on February 18, 2004; 17 and 18 WHEREAS, the strict application of the off-street 19 parking, access and loading requirements of the ordinance 20 creates an unreasonable hardship; and 21 WHEREAS, the existing use does and will not adversely 22 affect the surrounding area; and 23 WHEREAS, the use does not require the number of spaces 24 and/or specified by this ordinance; and 25 26 27 28 -3- 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained herein (above are true and correct. SECTION 2: A variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance, requiring all truck loading spaces to be ten (10) feet wide by sixty-five (65) feet long, is hereby granted Tenzing, LLC. located at 4520 Everett 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, IM IM Ie) and prevent the off -site migration of debris. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. Tenzing, LLC. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. -4- I f) 2 3 4 5 6 7 8 9 10 11 12 g) 13 14 15 16 17 18 19 20 21 h) 22 23 24 j } 25 26 27 28 This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26 .4.E-4 (b) . All parking and loading areas necessary for Tenzing, LLC. 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. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. The usage of the non -conforming truck loading spaces shall be limited so that no trucks 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. -5- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 j) This variance shall only be valid while Tenzing, LLC. remains the owner of the property. A new variance will be required upon change in use, occupancy, or ownership of all or a portion of the site. k) All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. 1) The facility shall be operated in a manner, which will not impede traffic on Everett Avenue. m) Signs shall be posted in front of the nonconforming truck loading spaces stating the restrictions on the length of the trucks accessing the subject loading docks. n) 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, Tenzing, LLC. to comply with the truck parking and loading 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 18th day of February, 2004 L-RONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk -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. 8373 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 18, 2004 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -7- SUPPORTING DOCUMENTS STAFF REPORT TENZING, LLC. 4520 EVERETT AVENUE VARIANCE APPLICATION FEBRUARY 5, 2004 The owner of the property, located at 4520 Everett Avenue in the City of Vernon, Tenzing, LLC., has requested a variance from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, Development Standards. BACKGROUND Tenzing, LLC. owns the property identified by the address 4520 Everett Avenue located in the M-Zone, General Industrial. The building that it occupies was constructed with twelve non- conforming truck loading spaces measuring 10.0 feet in width and 49.6 feet in length. It has stated that only vehicles of smaller lengths will be used at the non -conforming truck -loading spaces. The building is used for distribution, warehousing and is approximately 43,000 square feet in size. F.D. Cutting Service previously occupied the building located at 4520 Everett Avenue. As occupants, F.D. Cutting Service had obtained a variance for this property on October 7, 1997. The variance was granted with the condition that the usage of the non -conforming loading spaces be limited so that no truck parked at the loading docks shall extend into the right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. -1- When the previous occupant, F.D. Cutting Service, vacated the facility, the variance expired. Therefore, a new variance is required from said Section 26.4.2-8(c) in order to occupy the building. Tenzing, LLC. is requesting a variance from the requirements of Section 26.4.2-8(c) be issued to it at this time for the continued use of the non -conforming truck loading spaces by smaller trucks that will not extend in the street right-of- way. Tenzing, LLC. 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. REASON FOR VARIANCE Section 26.4.2-8(c) of the current City of Vernon Comprehensive Zoning Ordinance specifies that each truck loading space shall be a minimum of 10 feet wide and 65 feet long. Section 26.4.E-4(c) provides that a non -conforming building must comply with these standards within five (5) years of April 18, 1989 unless a variance is granted. Although F.D. Cutting Service was granted a variance in 1997, a new variance is required upon a change in occupancy or ownership. As previously mentioned the applicant's building was built with twelve non -conforming truck -loading spaces. In order for the building to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be -2- demolished. This building has been used for manufacturing and distribution in the past and despite a change in occupancy, it continues to be used for the same purpose. Consequently, the existing use does not and will not adversely affect the surrounding area. As previously mentioned, the applicant has agreed that only vehicles of smaller lengths will be used at the shorter non- conforming truck loading spaces in order to ensure that vehicles will not extend into the street right-of-way while parked in the loading space. The trucks and automobiles accessing the site will use Everett Avenue. Everett Avenue is a local roadway that is not heavily traveled and is 66 feet wide and is of adequate size and pavement type to handle the traffic generated from the proposed operation. As long as the applicant complies with this condition, the variance will be consistent with the objectives of the Comprehensive Zoning Ordinance and General Plan. VARIANCE METHODOLOGY The applicant is requesting a variance from Section 26.4.2- 8(c) of the current City of Vernon Comprehensive Zoning Ordinance, which specifies that each truck loading space shall be a minimum of 10 feet wide and 65 feet long. Section 26.4.E-4(c) provides that a non -conforming building must comply with these standards within five (5) years of April 18, 1989 unless a variance is granted. A variance had been granted to F.D. Cutting mcm Service in 1997. Tenzing, LLC. seeks a new variance to continue the use. PARKING ANALYSIS According to Section 26.4.E-4(c), where insufficient space exists on the lot or parcel for compliance with the size of the existing loading provisions of Chapter 26, the size of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building. A variance from off-street parking, access and loading requirements may be granted under Section 26.4.6-4 (d) . Pursuant to Section 26.4.6, the intent of Chapter 26 was to permit non -conformities in buildings, structures, and uses which existed at the time the ordinance was adopted to continue for a reasonable length of time, but not to encourage their survival. As previously mentioned the applicant's building was built with twelve (12) non -conforming truck -loading spaces. In order for the building to conform with the current Comprehensive zoning Ordinance, a significant portion of the building would need to be demolished. The applicant indicated that they have no plans for expansion or alteration of the building configuration at this time. Therefore, strict application of the off-street parking, access and loading requirements of the ordinance at this time -4- would cause an unreasonable hardship to the applicant at this time. Since the site was previously granted a variance, has not been vacant for a continuous period of more than one year, and is not undertaking any structural alterations the City Council may grant a variance from the off street parking, access and loading requirements of the Zoning Ordinance. However, should the City Council approve this variance the site shall retain its legal non -conforming status and will be required to comply with the size requirements of the Comprehensive Zoning Ordinance not otherwise specifically addressed by a grant of a variance. The building has twelve (12) non -conforming truck loading spaces measuring 10.0 feet in width and 49.6 feet in length. The usage of these non -conforming truck loading spaces shall be limited and the occupant will be required to use shorter trucks in the non -conforming spaces to avoid protruding into the public right-of-way as defined by the Master Plan of Streets dated June 16, 1992. CEQA REVIEW The proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. The project is categorically exempt under Section 15301 of the California Environmental Quality Act because it is an existing facility with no expansion -5- of use. 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 applicant's building was built with twelve (12) non- conforming truck loading spaces measuring approximately 10.0 feet in width and 49.6 feet in length. For the building to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be demolished. b) This building has been used for manufacturing and distribution in the past and despite a change in occupancy, it continues to be used for the same purpose. c) The applicant has stated that only vehicles of smaller lengths will be used at the shorter non -conforming truck loading spaces to ensure that vehicles will not extend into the street right-of-way while in the loading spaces. 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 -6- 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. Tenzing, LLC. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. Upon any expansion or structural alteration of the building, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.6- 4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. f. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.E-4(b). arm g. All parking and loading areas necessary for Tenzing, LLC. 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. h. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. i. The usage of the non -conforming truck loading spaces shall be limited so that no trucks 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. j. This variance shall only be valid while Tenzing, LLC. remains the owner of the property. A new variance will be required upon change in use, occupancy, or ownership of all or a portion of the site. k. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. -a- A 1. The facility shall be operated in a manner, which will not impede traffic on Everett Avenue. M. Signs shall be posted in front of the nonconforming truck loading spaces stating the restrictions on the length of the trucks accessing the subject loading docks. n. 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, Tenzing, LLC. to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. -9- SUPPORTING DOCUMENTS a Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-=8811 I VARIANCE APPLICATION I Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: i $G:�#`(?t�i?1345 w=-13 MONT Legal descriution (give exact leLyal descrintinnl• L 09 A rufiie Pam' GtM J\f Talc General location (give street address): 452 0 5verc_—A Van to. G,4/, Smrfhe"cornfr o-f Fve_r_— e*Ue and tXChalla ' Avg"e , Name ofApplicant(s): MourfGe grint or Type name f business) Mailing address:4kS_2 i� yere Aven,,(1 emon Record Owner(s) of property: Te n Z t Mailing address: 4\0 U [—Vere # Phone# L.L.G L4e Vern) C A q0 WT Phone# ,,32 3 Property Owner(s) representative: Mailing address: (Name) Phone# Relationship to Owner(s): ❑ Engineer ❑ Contractor ❑ Attorney ❑ Purchaser ❑ Lessee Written consent of owner(s) must be attached. Present use of property:_ QCCC4Pied Present Zoning: Proposed use of property: Tc)( ile St'h�r0o'e- -r Dr�7f'r�ti IDr'1 How long has owner(s) held title to this property?, Are there any easements controlling the use of this property? ❑ Yes ZNo If yes, describe Expiration date: Pagel of 3 Are there any private or deed restrictions controlling the use of this property? 0 Yes ATNo If yes, describe 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: variance iS r ale of 4ruck dobrt on W n 1 de of ew)ify, aoi,)Tv v,-rw e- variaoce Y I fk c G, A( of ve"m OCcuAc=�cy 0,212ec-bb4S , ,QM. ce -Iry prap y Itne, �Gg dob s ' iv n� fl) C.00jorMk--1r7r,� WJ*YJ QnbliLaUe el -AM Zoe)ina 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: Th e &&'41 ce q�v, a rOp-er4y lit)e -76 lc06 zi 0al7 W 4X-90 1'1-e--e 1S A r-00mcrfel 2'," 'v—,-"r-elf AV.-M,re be-iNceq cha4r e *ark e aye/ 17I� rc, ,�/v Con a,`ns on ac, G. (other h � /�("2 r� Fverc Av-e), ae9uc4ly 4fuck lowAnz� of 4I(2 )5vere-�v l nt4 rr- e 4rR,c M la&K of- 0e41,rh,b Or-, nq b u a14,a0 a10 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 pro erty is located, under the terms of th}'s cha ter: e li bairn lac;-c/� i ifo /n usr i"e To ei Pam("" & Ten ootpr- Own 2(- i ,� Ui +�8 e vleen tv lin and -lTuck don zp 6/l 2 GrG QGC'0 m On h G7 iitC� �I /;� LU/ rtl .rrfi f'� Y.. �Lo rO ♦cG✓Lf i %i 3. That the special conditions and Page 2 of 3 of the "Pl4r) Of 4. That granting the variance requested will not confer on the applicant any special that `is denied b this'Cha ter to other lands `structures; or buildings in the same . ,, .. privilege Y Chapter � g vicinity and zone in which the property i located: Loaal-rvr- 141e irO rne4;iWe,,1 adi aces rD Wa- et G and 417,7 u-ercH- 040 e a re -krwk oar 3'nA, n Rai rn/&r PvO viriMO c_ will 1-x)ve IL-62 0 J P,len,Ue -hE §aav)t-_ Pr'ive lesteV PMPet-" e iol. 5. That the granting of such variance will be in harmony and not adversely affect the Comprehetsive General Plan: Th-e Af—, al)4►!Cl 0f Jh� variance Will n ne A +ale ilnpa . lraG F�On r ©ram'. ��Vea'Si2i mq o-F e� varfa,egCe allow aCCaaPRnGtiJ o r-G e csr dis ib�,! �r.tiine9Sr, !.o✓�sti n Na 7C t I �G�dl -t term Prf " b�Gvl �n G Whg C� v�%i 11 �►" O� h df1�Y 191PI_ NOTE: Non -conforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of a variance. Are the required site and design plot plans showing the area covered in the legal description and all existing and proposed improvements attached? Yes ❑ No Are the required three (3) area maps attached? Yes ❑ No Is there a certified list attached of names and mailing addresses of all proper owners within 300' of the exterior boundaries of the property in this application? Eryes ❑ No Is the required fee enclosed? O`Yes ❑ No Make check or money order payable to the City of Vernon. I declare under penalty of perjury that to the best of my knowledge and belief the foregoing is true, complete, and accurate. Property owner(s) Page 3 of 3 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 subject property. This information is to be obtained from the latest available Los Angeles County Tax Assessment Roll. This list was prepared on October 23, 2 0 0 3h.om the Tax Roll maintained at Los Angeles County Assessor Office East Dist (Name and Location of office) 1190 Durfee Ave, South El Monte, CA 91733 It is understood that the accuracy and completeness of this list is the responsibility of the applicant. Signed: 4z—c 7K A (P n o prepared list) On this day of 1�2_ , before me the undersigned, a Notary Public in anor said County and State personally appeared known to me, or proven to me to be the person that executed the within instrument. WITNESS my hand and official seal // Notary Public in and :raic sunty and State CHRISTINE D. YEE t Commission # 1260413 Z Z s Notary Public - Co6fon1a My commission expi: = Los Angeles County ,My Comm6pkesMay10,2004 Signed: zl�j 11 (7A licant) Page 4 of 7 L _J W Z W Q H w W W SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. "BILL" DAVIS Councilman 6 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 February 5, 2004 Interested parties or property owners: ERIC T. FRESCH City Attorney FAX: (323) 826-1491 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 4520 Everett Avenue in the City of Vernon. The applicant, Tenzing, LLC. are requesting a variance from Section 26.4.2- 8(c), Development Standards, of the Comprehensive Zoning Ordinance to allow the use of twelve (12) non -conforming truck -loading spaces. 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 February 18, 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. VZelKevin s, SWilson, P.E. Director of Community Services & Water SKW:sc Enclosure City of Vernon s NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: February 18, 2004 at 5:00 p.m. Applicant: Tenzing, LLC. 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: Tenzing, LLC. has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance to utilize twelve non -conforming truck -loading spaces. Property Involved: 4520 Everett 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. B C MALKENHORS 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 5th day of February, 2004, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held February 18, 2004, (see attached copies) regarding a Variance application for Tenzing, LLC. located at 4520 Everett Avenue in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize twelve (12) 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 published in the City of Vernon. _ Date: 5, 2004 S State of California ss. County of Los Angeles io Canales, Engineering Aide On t]�q� z/� before me, Notary Public', personally appeared Sergio Canales, personally known to me -(er kneiidn tefne—en—the basis of sa-tisf-aetery evidenee) 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 i , w GLORIA J. OROSCO N Comm. # 1370778 ''nn NOTARY PUBLIC • CALIFORNIA Ul Los Angeles County My Comm. Expires Aug. 27, 2006 L 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 February 5, 2004 I mailed a copy of NOTICE OF PUBLIC HEARING to be held on February 18, 2004 along with the attached letter regarding a Variance application for Tenzing, LLC. located at 4520 Everett Avenue in the City of Vernon to utilize twelve (12) non- conforming truck loading spaces, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. _