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Resolution No. 8416
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 RESOLUTION NO. 8416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO PI YU JUNKINS FROM SECTION 26.4.2-8(C) OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4901-03 PACIFIC BOULEVARD IN THE CITY OF VERNON WHEREAS, Pi Yu Junkins (hereinafter referred to as "Junkins") currently owns the property located at 4901-03 Pacific Boulevard 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 office and warehousing which is consistent with the objectives of the General Plan and Zoning Ordinance; and WHEREAS, Junkins has indicated that he has not and does not propose to perform any structural alterations to the facility located on the property, which would then require it to come into compliance with the requirements of the current Comprehensive Zoning Ordinance; and WHEREAS, the property was constructed with three non- conforming truck loading spaces measuring 10.0 feet in width with two being 25.6 feet in length and one being 31.8 feet in length; and -1- 1 WHEREAS, Section 26.4.2-8(c) of the Zoning Ordinance 2 specifies that each truck loading space shall be a minimum of 3 ten (10) feet wide, sixty-five (65) feet long; and 4 WHEREAS, Section 26.4.6-4 (c) of the Zoning Ordinance 5 provides, in part, that a non -conforming building must comply 6 with these standards at the time of any changes in use, 7 occupancy, expansion, structural alteration of the building or 8 within five years of April 18, 1989 whichever occurs first 9 unless a variance is granted; and 10 WHEREAS, the previous occupant had obtained a variance 11 from the requirements of Section 26.4.2-8(c) which expired when 12 they vacated the site; and 13 WHEREAS, according to Section 26.4.E-4(c), where 14 insufficient space exists on the lot or parcel for compliance 15 with the size of the existing loading provisions of Chapter 26, 16 the size of the existing loading docks shall be brought into 17 compliance at the time of any changes in use, occupancy, 18 expansion, structural alteration of the building; and 19 WHEREAS, Junkins proposes to permanently seal the dock 20 facing Pacific Boulevard and recess the docks facing 49th Street 21 to a distance of 55 feet from the street right-of-way; and 22 WHEREAS, Junkins has stated that the non -conforming 23 truck loading spaces facing 49th Street will be limited to trucks 24 that do not extend into the Master Plan of Street Widths dated 25 June 16, 1992; and 26 27 28 -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 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, Junkins has no plans for the expansion or alteration of its building at this time, the strict application of the loading requirements of Section 26.4 of the Zoning Ordinance would require Junkins to demolish a significant portion of their building thus creating an unreasonable financial hardship; and WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for office and warehousing; and WHEREAS, Junkins has agreed to use shorter trucks that will not extend into the public right -of way; and WHEREAS, the City Council has received a Staff Report dated March 25, 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 April 7, 2004; and WHEREAS, the strict application of the off-street parking, access and loading requirements of the ordinance creates an unreasonable hardship; and WHEREAS, the existing use does and will not adversely affect the surrounding area; and WHEREAS, the use does not require the number of spaces and/or specified by this ordinance; and -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 as NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l: 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 Junkins located at 4901-03 Pacific Boulevard. 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) Junkins shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e) 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 -4- 1 2 3 4 5 6 f) 7 s 9 10 11 12 13 14 15 g) 16 17 18 h) 19 20 21 22 i ) 23 24 25 j ) 26 27 28 and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6-4 (b) . All parking and loading areas necessary for Junkins 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. This variance shall only be valid while Junkins remains the owner of the property. A new variance will be required upon change of ownership. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. -5- 1 k) The facility shall be operated in a manner, which will not 2 impede traffic on 49th Street and Pacific Boulevard. 3 1) Signs shall be posted in front of the nonconforming truck 4 loading spaces stating the restrictions on the length of the 5 trucks accessing the subject loading docks. 6 m) Junkins, as a successor -in -interest to the Bank, agrees to 7 be bound by the terms and conditions set forth in the 8 Settlement Agreement executed by the Bank and the City of 9 Vernon on August 3rd, 1999, a copy of which is attached 10 hereto and incorporated herein by reference. In particular, 11 Junkins agrees to complete all repairs or improvements set 12 forth in Exhibit "A" to the Settlement Agreement prior to 13 the issuance of certificate of occupancy. 14 n) The loading dock facing Pacific Boulevard shall be 15 permanently sealed in conformity with the Building Code. 16 o) Noncompliance with any of the conditions shall constitute 17 sufficient grounds for the City Council of the City of 18 Vernon to void this variance and require the applicant, 19 Junkins to comply with the truck parking and loading 20 requirements of the Comprehensive Zoning Ordinance. 21 22 23 24 25 26 27 28 -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 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 7th day of April, 2004 LEONIS 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. 8416 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, April 7, 2004 and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) �l BRUCE V. MALKENHORST, City Clerk -8- SUPPORTING DOCUMENTS CITY COUNCIL F ) 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 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: I 7 l . FRESCH r or CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEP NE (323) 583-8811 arch 31, 2004 f,. �F ttomey 23)826-1491 VIN WILSON o ommunity Services & Water FAX: (323) 826-1435 LIGHT & POWER FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 OVA \ \o �e Pi Yu Junkins has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4901-03 Pacific Boulevard in the City of Vernon. The building was constructed with three (3) non -conforming truck loading spaces of which two measure 10.0 feet in width 25.6 feet in length, and one 10.0 feet in width and 31.8 feet in length. Pi Yu Junkins proposes to permanently seal the dock facing Pacific Boulevard (31.8 feet in length) and recess the two 25.6 feet loading docks facing 49th Street to a distance of 55 feet from the street right-of-way. Pi Yu Junkins has stated that the non -conforming truck loading spaces facing 49th Street will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992. The current Comprehensive Zoning Ordinance requires truck -loading spaces to be ten (10) feet in width and sixty-five (65) feet in length. The variance is to allow the use of two (2) non -conforming truck -loading spaces. All 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. Honorable City Council -2- March 31, 2004 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. 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. Junkins shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6-4(b). f. All parking and loading areas necessary for Junkins 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. 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. i. This variance shall only be valid while Junkins remains the owner of the property. A new variance will be required upon change of ownership. j. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. Honorable City Council -3- March 31, 2004 k. The facility shall be operated in a manner, which will not impede traffic on 49th Street and Pacific Boulevard. 1. 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. in. Junkins, as a successor -in -interest to Bank, agrees to be bound by the terms and conditions set forth in the Settlement Agreement executed by Bank and the City of Vernon on August 3rd, 1999, a copy of which is attached hereto and incorporated herein by reference. In particular, Junkins agrees to complete all repairs or improvements set forth in Exhibit "A" to the Settlement Agreement prior to the issuance of certificate of occupancy. n. The loading dock facing Pacific Boulevard shall be permanently sealed in conformity with the Building Code. 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, Junkins to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. Res p 11 bmitted, uel Kevin Wilson, P.E. Director of Community Services & Water SKW:sc Attachments C: City Attorney STAFF REPORT PI YU JUNKINS 4901-03 PACIFIC BOULEVARD VARIANCE APPLICATION March 25, 2004 The owner of the property, located at 4901-03 Pacific Boulevard in the City of Vernon, Pi Yu Junkins ("Junkins") has requested a variance from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, Development Standards. Junkins recently purchased the property located at 4901-03 Pacific Boulevard, which was previously owned by Far East National Bank (hereinafter referred to as "the Bank"). BACKGROUND There is a significant history pertaining to this property that occurred prior to this recent change in ownership. On or about November 13, 1997 the City received a letter regarding the acquisition of the property by the Bank and a notice advising the then current occupant, Harkant & Kaumudini Dhruv, that the Bank would be taking over possession of the property. As owners, the Bank had obtained a variance from Section 26.4.2-8(c) of the Vernon City Code ("VCC") for this property. The variance was granted on December 2, 1997 with the condition that the usage of the non -conforming loading spaces be limited so that no truck parked at the loading docks would extend into the right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. -1- During an investigation of the site for the purposes of reviewing the variance, the City Staff noticed that the structure was not occupied. Several desks had been placed in the office area, but it was obvious that no one was working in the building. There was a real estate sign on the outside wall marketing the property. The Director of Community Services advised the Bank that it must occupy the property or the property would be declared vacant for more than one year. The City ultimately determined the building located at 4901-03 Pacific Boulevard had been vacant since August 29, 1996. This determination was based on the fact that the power to the building had been disconnected on that date. The Bank was repeatedly advised that if the building remained vacant for a continuous period of more than one year it would have to be brought into conformity with all the regulations on the zone prior to being reoccupied. 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 of the regulations of the zone in which it is located. On June 30, 1998, the Director of Community Services met with the Bank's representatives and advised them once again that the property would have to be brought up to current code prior to being reoccupied. The Bank admitted that the building had been -2- vacant for more than one year and tried to explain why they could not occupy the structure earlier. The Bank outlined the events that took place claiming that the property was vacant for more than one year as a direct result of the required remediation of the property. The Bank, thereafter, appealed the decision of the Director of Community Services. An appeal hearing was set for March 16,1999, the Bank and the City Council determined to be in the best interest of the City to enter into a Settlement Agreement and General Release of Claims as a means of settling the differences between the City and the Bank and implementing the terms and conditions to allow the Bank to reoccupy the property. On August 3rd, 1999, the Bank and the City of Vernon executed a Settlement Agreement. According to the terms of the Settlement Agreement, the Bank on behalf of itself, and its successors and assigns, were required to complete repairs or improvements to the property set forth in Exhibit "A" to the Settlement Agreement prior to the issuance of a certificate of occupancy. In addition, the Bank agreed, for itself and its successors and assigns, to forever waive and relinquish the right to challenge the legal validity of Section 26.4.E-4(b) of the Vernon City Code or its legal validity as applied to the property. The Bank was required to include a provision in its future sales agreement of the property evidence of the buyer's acknowledgment of and agreement to the provisions of this term. -3- Junkins recently purchased the property from the Bank. The building situated in the property was constructed with three non- conforming truck loading spaces measuring 10.0 feet in width with two being 25.6 feet in length and one being 31.8 feet in length. Prior to the Bank's acquisition, the loading dock facing Pacific Boulevard was sealed. At some point in time, the Bank unsealed the non -conforming loading dock without obtaining permission from the City. Therefore, the City required the loading dock be resealed unless the non -conforming loading dock is brought into conformance with the City Code. Junkins has proposed resealing the loading space. Junkins has stated that only vehicles of smaller lengths will be used at the two remaining non -conforming truck -loading spaces. The building is used for office, warehousing, and is approximately 21,000 square feet in size. When the previous owner, sold 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. 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. Junkins has stated that it will advise all future tenants on any conditions placed on the variance. In addition, in order for the building to be reoccupied, Junkins must comply with the repairs and improvement requirements in the Settlement Agreement as set forth on Exhibit "A", a copy of which is attached hereto. -4- 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 the Bank 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 three 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. This building has been used for office and warehousing in the past and despite a change in occupancy, it is proposed to be used for the same purposes. Consequently, the existing use does not and will not adversely affect the surrounding area. As previously mentioned, the applicant has stated that the loading dock facing Pacific Boulevard will be sealed and that vehicles of smaller lengths will be used at the shorter non- conforming truck loading spaces facing 49th Street in order to ensure that vehicles will not extend into the street right-of-way while in the loading space. -5- 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 the Bank in 1997. Junkins 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.E-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 three (3) non -conforming truck -loading spaces. In order for the building to conform with the current Comprehensive Zoning -6- Ordinance, a significant portion of the building would need to be demolished. The applicant indicated that they have no plans for expansion or alteration of the building configuration at this time. Therefore, strict application of the off-street parking, access and loading requirements of the ordinance at this time would cause an unreasonable hardship to the applicant at this time. Since the site was previously granted a variance, 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. Junkins is proposing to further recess the loading docks facing 49th Street from 25.6 feet to 55.0 feet in length. However, should the City Council approve this variance the site shall retain its legal non- conforming status and will be required to comply with the size requirements of the Comprehensive Zoning Ordinance not otherwise addressed by a grant of a variance. The building has three (3) non -conforming truck loading spaces measuring 10.0 feet in width with two being 25.6 feet in length, which will be further recessed to 55.0 feet. The remaining loading dock facing Pacific Boulevard, measured 31.8 feet in length. At some point in time, the Bank unsealed the loading dock facing Pacific Boulevard without obtaining the proper building permit. Therefore, the loading dock must be resealed or brought into conformance with City Code. Junkins has arIM proposed to reseal the dock door. The usage of the remaining non- conforming truck loading spaces shall be limited to 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 of use. A Notice of Exemption will be prepared and filed with the County Clerk's office. STAFF FINDINGS AND CONDITIONS Staff finds the following to be true: a) The applicant's building was built with three (3) non- conforming truck loading spaces measuring 10.0 feet in width with two being 25.6 feet in length and one being 31.8 feet in length. The two loading docks measuring 25.6 feet will be further recessed to 55.0 feet and the one measuring 31.8 was permanently sealed off, the Bank unsealed the loading dock without obtaining the proper building permit. Therefore, the loading dock must be resealed or brought into conformance with City Code. Junkins proposes to reseal the dock door. For the building to conform -8- with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be demolished. b) This building has been used for office and warehousing in the past and despite a change in occupancy, it is proposed to be used for the same purposes. 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 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. -9- d. Junkins shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. e. 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). f. All parking and loading areas necessary for Junkins 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. 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. i. This variance shall only be valid while Junkins remains the owner of the property. A new variance will be required upon change of ownership. j. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. k. The facility shall be operated in a manner, which will not impede traffic on 49th Street and Pacific Boulevard. 1. 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. M. Junkins, as a successor -in -interest to the Bank, agrees to be bound by the terms and conditions set forth in the Settlement Agreement executed by the Bank and the City of Vernon on August 3rd, 1999, a copy of which is attached hereto and incorporated herein by reference. In particular, Junkins agrees to complete all repairs or improvements set forth in Exhibit "A" to the Settlement Agreement prior to the issuance of certificate of occupancy. -11- n. The loading dock facing Pacific Boulevard shall be permanently sealed in conformity with the Building Code. o. Noncompliance with any of the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Junkins to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. -12- FAR EAST NATIONAL BANK 4901-03 PACIFIC BOULEVARD ITEMS THAT MUST BE COMPLETED PRIOR TO OCCUPANCY: 1. Provide disable accessibility to all sections of the building in accordance with Title 24 standards. 2. Structurally upgrade the building so that it meets the seismic requirements of the current building code. 3. Seal all openings in the building along the southerly property line wall in accordance with the current building code. 4. Construct a 30-inch high parapet along the south property line wall in accordance with the current building code. 5. Remove all weeds off of the property. 6. Recess the loading docks to 65 feet from the public right-of- way or apply for a variance to utilize shorter trucks that will not extend into the public right-of-way at the existing loading docks. 7. Remove all tripping hazards on the site. 8. Remove flex conduit installed without permits. City Code 24.25. 9. Remove cord wiring that replaces permanent wiring of the structure. N.E.C. Art. 410. 10. Seal all electrical enclosures and properly support all electrical conduit. N.E.C. Art 110. 11. Install anti -siphon vacuum breaker(s) on all hose bib(s). 12. All piping must be properly supported. 13. No gas meter found. Prior to obtain gas meter set, applicant must get approval from the City first. 14. Provide water service to sinks and toilets. 15. Maintain toilet rooms, washrooms, and bath or shower rooms in good repair and clean condition. Provide adequate ventilation and lighting. 16. Provide rodent, vermin, and insect control in interior dock door. -13- EXHIBIT A 17. Provide drinking fountains or other sanitary sources of drinking water for employees. Provide single use cups in a permanently mounted dispenser for bottled water. V.C.C. 25.38/2539, CCR 3363. 18. Maintain all trash and garbage in watertight containers with tight -fitting lids. Trash containers shall be emptied as often as necessary to avoid unsanitary conditions and cleaned periodically. V.C.C. 12.2, 8 CCR 3362(e). 19. Remove tires from the back of the building. 20. Provide a floor plan layout including but not limited to all work areas, office areas, and staging areas, cutting tables, storage areas. Show layout of solid pile storage, row storage, shelving, racks, legal exits, and aisles, for approval. Solid pile storage is limited to 501x50' square with a minimum of 8' aisles while keeping 3' clear of all walls or 251x50' rectangular piles against walls with 8' aisles separating adjacent piles. Row storage included back- to-back rows of palletized commodity with minimum 4' aisles between rows. Maintain 150' maximum travel distance from any place in the building to a legal exit. 21. No LPG cylinders are allowed inside the building, empty or full, except that which is attached to an approved unit. Outside storage shall be a minimum of 10, away from all combustible construction, openings in building, railroad tracks, property lines and public right-of-way. All LPG storage areas shall be identified with NFPA 704 Hazardous Materials Labels. (UFC Standard 82-1) 22. Provide a minimum of 6 UL approved 10# units 4A BC or 4A 60 BC rated or better fire extinguishers all properly mounted, service tagged and identified. Travel distance to any unit not to exceed 751. In light hazard areas 2-5#, 2A 10 BC may be substituted for each required 10# extinguisher with travel distance not to exceed 501. (Vernon Standard requires 1-10# for every 4,000 square feet). 23. Provide automatic fire sprinklers in accordance with the Uniform Building Code and Uniform Fire Code. -14- EXHIBIT A SUPPORTING DOCUMENTS S Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 K 90VIS G Q fi MAR 2 4: 2004 I- VARIANCE APPLICATION -- - _ _ __ _ __- _. --wI Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: JM21104#777A0704 9:16 AMONT 500.00 Legal description (give exact legal description): Sri tt-rrAc Hga General location (give street address): Ago 1 pAr_Ap, _ �AQ� \/K Rtan C_, diOr'sP, Name of Applicant(s):__Ta�F (Print or Type name of business) Mailing address: II1C, CAaai A,rjc3,c Tor2R.a�Jtz. A. CAOS01 _ Phone# Record Owner(s) of property: Pt XI) juak,,ls . (Name) Mailing address:_ o% 14 Al ipsonN A AyfoUc aw�T f::> MWT R -i E'x<i (,A !ati755 Phone# 323 - 7a1 _ og9� Property Owner(s) representative: SoNYA M41,44S (Name) Mailing address: AUVAAmA" A*4, 110T D MOVATf2K Jw, Cfir 91rf-725 Phone# 323- 7,aj..oizil Relationship to Owner(s): ❑ Engineer ❑ Contractor ❑ Attorney ❑ Purchaser ❑ Lessee rL LA-r„rf- • Written consent of owner(s) must be attached. Present use of property:_ YACAQT Present Zoning: Proposed use of property: WAz:,jjno / Lt(iq MAW FAt_T1j&'t0r How long has owner(s) held title to this property? r aaxjr.,g &,4 j%. Y(.&gS Are there any easements controlling the use of this property? ❑ Yes ),No If yes, describe Expiration date: Page 1 of 3 Are there any private or deed restrictions controlling the use of this property? 0 Yes XNo 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: - n A-UM J A 5S' (_ P¢F lQM�a %r%s� naCIC no-.3 7r" No2T9 olp f 2L*fZ2�rY i�-1F'd nf-- T 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: -Tits 6oits,,or ise, 601I _T '00 -r10 pQ,-npee-IV 1 ,n1E eiri iris 1V0V21r14. soo-r .L S)n4" AMC-) Titj Lill'-- kir VA a NA - _rcQg n-1 ik o A YEA2 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: A rn-;' CEEr c,c l WCrUt.c�, _cko-,f 'rAi: a,alLc�5irin Ta C6E 5,ot i * Aurma,�T ,w, 14At c L'IA't 14 i5 3. That the special conditions and circumstances do not result from actions of the applicant: TsE Ew,Lt1,tA1 tj:� 14 ► i cn21Zt�1 r a '^TA'T' t_yr4 A 2-4 in~ Hack nLQ-r" -r4F gir-40 L irnipngLC] nr-1 c -rt44 pag2KnT4 8fEcAu�,E IT WARS YAQ801 F Q- A `(4a-fL.- Page 2 of 3 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: -r►*g �<_� pg ,,jej—'s nc c k. w,, - At nt.) ,sari AU_ T2.4 nk,_ tmrr%, R-f 'rr _ -rfj,%p,r Th ct, A_ !+e O»Q Wyn4 t,4 'rk Za fff-ATE2Ti . 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: TitK�l�rtnO�,Z#� n1ga.1 n1gpTw ,,Witt S'rtt . [S _ c t irt£eJT mz anoc,E Ru_ -raw ks. t1t f] fk/ THG :�r., A, -,Or 4 "JCq an -:m* T .2C. S AV f _ ».i f?U(S u r Q Iry1�t til64 _ NOTE: Non -conforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of avariance. Are the required site and design plot plans showing the area covered in the legal ey description and all existing and proposed improvements attached? Oyes ❑ No Are the required three (3) area maps attached? KYes ❑ No Is there a certified list attached of names and mailing addresses of all property owners within 300' of the exterior boundaries of the property in this application?,,Yes ❑ No Is the required fee enclosed? )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 truekcoete, and accurate. Signed: s) or owner(s) representative Page 3 of 3 fall 1'LI ZU104 11: 71 yYd r L1f7.777 a.+,-■-�i riuwc w.+ .. . , ...� l i Ul m 0 ttl ^j co16 . .•77� a � a Fw-1 y v � 1E1 � Eli a ai 1 A .7 m z o u° w c� v� w 04 m w°Ei IL a rnA�E zed0c�C x o�.z0' za�Houwciu° u (Ao 9 W m m H a w x V H Gp E 3 E•+ H .a w pa =�0pa w wp°'a�viors EH U C W� pry 3 A 0 E cu a ,~y Q w 1-4 a z z o CO Q1af5 D4 o< ��a-4 H 00rif Omw� �a>4zm �Ze• xOam~H WO Awf- v mfaFg am AE+.Q Uc`'fzzz� O tiw O x a H cros, Q O m W C�7 z lt1 O EH w cx U) cs7 W U 1-+ w H �i U a O a a� M 2 w O w ca CS �P-L!wwcAa wc"aizt4w0 w or�m �Na N'O E�r E. r pa [� x � Id W H CO, En ~Gam] N 4 wax EnEn in W cHr��e��v++wwwzOw a y~ ri a A U O r a N x z 4i n EF ww Mm QNxa'-4 awo F° rx E-4 134� od s-, ae w w O o A U, Q W W s I N . { 0 W H O E+ i x W 0 z r4 CO w 0 0 H 0 W O a, E O E+H N G1 OGIUANI>3EaN FRM FAX NO. From the desk Of Tan. 10 2000 06:54AM P2 i o� CD. zOju un ins 308 N Alhambra Ave Unit D Montemcy Parts, CA 91755 Tel — (323) 721-0899 Fax — 023) 721-0599 January 13, 2004 To Whom It Map Concern: Sonya Junkins is authorized to represent me in all matters pertaining to 4901-3 Pacific Blvd. and the City of Vemon. Sincerely, —=M, Fwynuejr;rls Page 1 of 1 From the desk of CD. 7. Wu un-tins 308 N Alhambra Ave Unit D Monterey Park, CA 91755 Tel — (323) 721-0899 Fax — (323) 721-0599 Kevin Wilson Director of Community Services City of Vernon 4305 Santa Fe Ave Vernon, CA. 90058 1. /22/04 Re: 4901-3 Pacific Blvd Dear A& Wilson, This letter is to confirm that I was aware of Exhibit ,A of the Settlement Agrccmen.t between the city of Vernon and the Fax East National Bank when we purchased the property. Best r s, Sonya j s 675 674 0 VERNON u- 44TH I I�� 45TH I I i 46TH L L < CHAMBER Z Q U) 48TH LEONIS R J T SI E 4 49TH 50TH i I L w i) J 51ST a FRUITLAND 52NO i I 53RD O 54TH 55TH m J � 56TH SEARS rJ u' 57TH w 0 z ©1994 Thomas Bros. Maps VICINITY MAP SITE: 4901 PACIFIC BLVD. GC MAPPING SERVICE 711 MISSION ST. SUITE B SOUTH PASADENA CA 91030 (626) 441-1080 CITY OF VERNON CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Robert E. Cuellar , hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County of Riverside within the area described and for a distance of three hundred (300) feet from the exterior boundaries of property legally described as: SEE APPLICATION I certify or declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. JANUARY 15, 2004 Date f�J� L&- Signature Described and sworn to before me this 15"' day of JANUARY , 2004 . LL C�OMMMi14533 859 tot�tueawry i+er+a��s•�ie�rvvvv �2DC1 PACIFC BLVD. 'OF r s } 1. APN: 6308-003-019, 021 & 022 2. APN: 6308-003-900 ANGELUS SANITARY CAN MACHINE CO VERNON CITY 4900 PACIFIC BLVD 4305 S SANTA FE AVE VERNON CA 90058-2214 VERNON CA 90058 4. APN:6308-009-025 5. APN:6308-009-030 MARILYN S. ERLICH FINKEL W BEN & TRUST 2413 CENTURY HL 9200 W SUNSET BLVD # STES LOS ANGELES CA 90067-3524 LOS ANGELES CA 90069-3502 7. APN:6308-010-019 8. APN:6308-010-020 KIKUCHI NARROW FABRIC CO LTD RUY A. GOMEZ 5015 PACIFIC BLVD 319 W 47TH ST VERNON CA 90058-2215 LOS ANGELES CA 90037-3228 10. APN:6308-010-022 11. APN:6308-010-023 HENRY H. & MILDRED K. GILMORE PI YU JUNKINS PO BOX 58041 13937 SAN DIMAS LN LOS ANGELES CA 90058-0041 RCH CUCAMONGA CA 91739-2188 13. APN:6308-010-026 14. APN:6308-010-036 COAST HOLDINGS LLC WEST GREGORY L. & ADAM HIRSH PO BOX 834 2335 CASTLE HEIGHTS AVE TRUSSVILLE AL 35173-0834 LOS ANGELES CA 90034-1049 16. APN:6308-010-040 17. APN:6308-010-042 MILL CANYON ASSOCIATES MCKEY EVELYN P & TRUST 5657 E WASHINGTON BLVD 5657 E WASHINGTON BLVD LOS ANGELES CA 90040-1405 LOS ANGELES CA 90040-1405 DECOMA INDUSTRIES ATTN: MEHRZAD GIVECHI GC MAPPING SERVICE 1316 CABRILLO AVE ATTN: GILBERT CASTRO TORRANCE CA 90501 711 MISSION ST STE B SO PASADENA CA 91030 NP 3. APN:6308-009-024 GEORGE W. ELFTMAN 2825 CANTERBURY RD SAN MARINO CA 91108-1534 6. APN:6308-009-038 HAMPTON PROPERTIES 12011 SAN VICENTE BLVD STE 606 LOS ANGELES CA 90049-4948 9. APN:6308-010-021 HUAS INVESTMENT GROUP LLC 424 S SAN PEDRO ST LOS ANGELES CA 90013-2119 12. APN:6308-010-024 PETTITT R SCOTT & CHERYL & FAMILY T 5105 LINDBLADE DR CULVER CITY CA 90230-5944 15. APN:6308-010-037 FU ING LIMITED ONE COURT SQUARE NEW YORK NY 10043- 18. APN" 6308-010-800 AT & SR RY CO. 5200 EAST SHEILA STREET LOS ANGELES CA 90040 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 March, 2004, post three (3) copies of: NOTICE OF RESCHEDULED PUBLIC HEARING, to be held April 7, 2004, (see attached copies) regarding a Variance application for Pi Yu Junkins located at 4901-03 Pacific Boulevard in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two (2) 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. i--� Date: March 25. 2nn4 rgio CKAles, Engineering Aide State of California ) ) ss. County of Los Angeles ) On U,A,A �14. T before me, "'1, e'14 6IrYI , Notary Public, personally appeared Sergio Canales, personally known to me ( e the e basis f f � a ✓m;r�cE-i�te—A�}—�rrc nzrsr�e ccerp—c�d`rccerrcc) 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. TNESS my hand and official seal MANUELA GRON Commission * 1328374 Z zjoMyComm.E.Vireshlov4,2005 Notary Public - California ZLos Angeles County 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 March 25, 2004, I mailed a copy of NOTICE OF RESCHEDULED PUBLIC HEARING to be held on April 7, 2004 along with the attached letter regarding a Variance application for Pi Yu Junkins located at 4901-03 Pacific Boulevard in the City of Vernon to utilize two (2) non -conforming truck loading spaces, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepai NOTICE OF RESCHEDULED 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, April 7, 2004 at 5:00 p.m. Applicant: Pi Yu Junkins 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: Pi Yu Junkins has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive zoning Ordinance to utilize two non -conforming truck -loading spaces. Property Involved: 4901-03 Pacific Boulevard (See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this Variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. CE V. MALKENHORST City Administrator/City Clerk 't OF V a��81x 1NOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: March 25, 2004 SUBJECT: Reschedule - Variance for Pi Yu Junkins located at 4901-03 Pacific Boulevard Pi Yu Junkins has submitted a complete application for a variance from Section 26.4.2-8(c) of the City of Vernon Comprehensive Zoning Ordinance. The building was constructed with three (3) non -conforming truck loading spaces of which two measure 10.0 feet in width 25.6 feet in length, and one 10.0 feet in width and 31.8 feet in length. Pi Yu Junkins proposes to permanently seal the dock facing Pacific Boulevard (31.8 feet in length) and recess the two 25.6 feet loading docks facing 49' Street to a distance of 55 feet from the street right-of-way. Pi Yu Junkins has stated that the non- conforming truck loading spaces facing 49t' Street will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992. The current Comprehensive Zoning Ordinance requires truck -loading spaces to be ten (10) feet in width and sixty-five (65) feet in length. Pi Yu Junkins is requesting a variance to utilize these spaces on condition that the loading spaces will be restricted to trucks that do not extend into the public right-of-way. It is recommended that the public hearing be rescheduled for this variance application on April 7, 2004. SKW/sc Enclosure AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Vernon, do hereby certify that 2004, post three (3) copies of: Engineering Aide of the City of I did, on the 25th day of March, NOTICE OF RESCHEDULED PUBLIC HEARING, to be held April 7, 2004, (see attached copies) regarding a Variance application for Pi Yu Junkins located at 4901-03 Pacific Boulevard in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize two (2) 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. r7 Date: March 25, 2004 State of California ss. County of Los Angeles rgio C�ii}''ales, Engineering Aide On J��r cep �'%, L/ before me, P41-t!✓1eA C lrre, , Notary Public, personally appeared Sergio Canales, personally known to me -(e- '_r_wn te ae—en the basis of sati f;aet,,ry evidence_)_ to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. �1ITNESS my hand and official seal r MANUELA GIF2 Commission f 1328374 Z z - Notary Public - Califomia Z Los Angeles County my Comm. Expires Nov 4, 20M City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 NOTICE OF RESCHEDULED 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, April 7, 2004 at 5:00 p.m. Applicant: Pi Yu Junkins 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: Pi Yu Junkins has requested a variance from Section 26.4.2-8(c), Development Standards of the Comprehensive Zoning Ordinance to utilize two non -conforming truck -loading spaces. Property Involved: 4901-03 Pacific Boulevard -(See reverse side) Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this Variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. CE V . MALKENHORST City Administrator/City Clerk 9 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 March 25, 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 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 Rescheduled Public Hearing to consider an application for variance for the property located at 4901- 03 Pacific Boulevard in the City of Vernon. The applicant, Pi Yu Junkins is requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance. The building was constructed with three (3) non -conforming truck loading spaces of which two measure 10.0 feet in width 25.6 feet in length, and one 10.0 feet in width and 31.8 feet in length. Pi Yu Junkins proposes to permanently seal the dock facing Pacific Boulevard (31.8 feet in length) and recess the two 25.6 feet loading docks facing 49th Street to a distance of 55 feet from the street right-of-way. Pi Yu Junkins has stated that the non -conforming truck loading spaces facing 49t1i Street will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992. The current Comprehensive Zoning Ordinance requires truck -loading spaces to be ten (10) feet in width and sixty-five (65) feet in length. Pi Yu Junkins is requesting a variance to utilize these spaces on 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 April 7, 2004 or to send written comments prior to the meeting if you so desire. SUPPORTING DOCUMENTS ti. 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 _ • 9" t t EXECUTION COPY SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of August, 1999, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "Cityll ) 4305 Santa Fe Avenue Vernon, California, 90058 AND FAR EAST NATIONAL BANK (hereinafter referred to as the "Bank") 977 North Broadway, Suite 401 Los Angeles, CA 90012 WITNESSETH WHEREAS, Far East National Bank ("the Bank"). is the owner of real property located at 4901-4903 Pacific Boulevard ("the Property"), in the City of Vernon; and WHEREAS, the building located!on the Property is "nonconforming" under the City of Vernon's zoning regulations due to.inadequate parking, access and loading areas, among other deficiencies, and further fails to meet certain building and.fire code standards; and WHEREAS, on March 28, 1998, Kevin Wilson, Director of Community Services & Water of the City of Vernon, notified the Bank by letter that the Bank could no longer use the building without bringing it into conformity with all current building and l 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 zoning regulations; and WHEREAS, Mr. Wilson, in making the determination in his March 28, 1998 letter, relied upon Vernon City Code § 26.4.6-7, which provides that a nonconforming building or portion of a nonconforming building that 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 of the regulations of the zone in which it is located; and WHEREAS, the Bank appealed said determination to the Vernon.City Council ("City Council"), which rendered a decision on August 4, 1998, denying the appeal for the reasons set forth in its Resolution No. 7196; and WHEREAS, there is currently pending before the City Council a request by the Bank that the City Council reconsider its decision of August 4, 1998; and WHEREAS, Vernon City Code § 26.4.6-4(b) provides that where insufficient space exists on a lot or parcel for compliance with the off-street parking and access requirements of the City's zoning ordinance, compliance shall occur at the time of any expansion or structural alteration of the building or buildings, or by August 19, 2009, whichever occurs first, subject to the authority of the City Council to grant a variance from the off- street parking, access and loading requirements of the zoning ordinance pursuant to Vernon City Code § 26.4.6-4(d); and WHEREAS, the Bank, for itself and its successors and assigns, is willing to agree, and forever waive and relinquish any right to dispute, that the Property shall be brought into conformity with the City's off-street parking, access and loading -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regulations applicable to the Property no later than August 19, 2009, in consideration for the right to use the Property subject only to the repairs and improvements required by this Agreement; and WHEREAS, the facts and circumstances of this case are. unique in that the Property required remediation and removal of hazardous substances at the time the Bank gained possession of the Property, the Bank did not create the hazardous substance conditions requiring such remediation and removal, the Bank could not, in the exercise of reasonable care, have controlled the activities of the party that caused such hazardous substance conditions, and the Bank expended a considerable sum toward remediation and removal of such hazardous substances_; and WHEREAS, both the City and the Bank desire to end any controversy between them concerning use of the Property without resort to further administrative proceedings or litigation;.and WHEREAS, both the Bank and the City have consulted with their respective legal counsel and both have concluded it is in their respective best interests to resolve said controversy on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Bank or its successors or assigns, shall complete the repairs or improvements to the Property set forth on Exhibit "A" to this Agreement prior to issuance of a certificate of occupancy. 2.' The City agrees that a certificate of occupancy shall be issued for the Property upon completion of the repairs and improvements required by paragraph 1, above; provided (a) the -3- •1 Bank and/or the intended user of the Property shall have first 2 obtained a conditional use permit or variance, if required by the 31 city's Comprehensive Zoning Ordinance; and (b) the Property is 4 reasonably free of conditions rendering it unfit for human 5 habitation, where such conditions were not reasonably apparent at 6 the time of this Agreement. 7 3. The Bank, for itself, its successors and assigns, 8 agrees that the Property shall be made to conform to the 9 applicable off-street parking, access and loading requirements of 10 the City's Comprehensive Zoning Ordinance at the time of any 11 expansion or structural alteration of the building (not including 12 the repairs and improvements required by paragraph 1, above) or 13 August 19, 2009, whichever occurs first, as required by Section 14 26.4.6-4(b) of the Vernon City Code. It is understood and agreed 15 that, in connection with any expansion or structural alteration of 16 the building before August 19, 2009, the Bank, or its successors 17 or assigns, may comply with said off-street parking, access and 18 loading requirements by obtaining a variance pursuant to Section 19 26.4.6-4(d) of the Vernon City Code; provided, nothing in this 20 Agreement shall limit the discretion of the Vernon City Council to 21 grant or deny a variance or to impose appropriate conditions on 22 the approval of a variance. The Bank, for itself and its 23 successors and assigns, does hereby forever waive and relinquish 24 the right to challenge the legal validity of said Section 26.4.6- 25 4(b) or its legal validity as applied to the Property; provided, 26 that said waiver shall not apply to the extent the applicable off- 27 street parking, access and loading requirements of the 28 Comprehensive Zoning Ordinance are increased from and after the -4- •1 date of this Agreement. 2 rt n K OWN" 3d. b grt ' OEM q.. .,.. 4 Mow4. A covenant substantially in the 5 form and manner attached to this Agreement as Exhibit "B" shall be 6 duly executed by the Bank and recorded in the office of the county. 7 recorder not later than thirty (30) days from the date of this 8 Agreement. 9 4. The Bank, for itself and each of its successors and 10 assigns, insureds, and anyone claiming through, by or under it, 11 releases, acquits and forever discharges the City, its officers, 12 agents, servants, employees, former employees, and their 13 respective predecessors, successors, assigns, and sureties, all 14 their past, present and future officers, directors, agents, and 15 employees, and their respective successors, assigns, heirs, 16 executors and administrators, and each of them in their 17 individual, official or other capacities from all liabilities, 18 claims, causes of action, charges, complaints, obligations, costs, 19 losses, damages, injuries, demands, executions or other legal 20 responsibilities of any form whatsoever, whether known or unknown, 21 unforeseen, unanticipated, unsuspected, or latent, which the Bank 22 or its successors in interest now have, or claim to have, or 23 hereafter may have or assert to have, which arise out of or in any 24 manner whatsoever either directly or indirectly, are connected or 25 related to the application of Vernon City Code § 26.4.6 to the 26 Property, including any claims for attorney's fees, costs or 27 expenses arising therefrom. 28 -5- 1 5. The Bank understands and agrees that all its rights 2 under Section 1542 of the Civil Code of the State of California 3 are hereby expressly waived. Said Sect�lon 1542 reads as follows:. 4 "A general release does not extend to claims which 5 the creditor does not know or suspect to exist in his 6 favor at,the time of executing the release, which if 7 known by him must have materially effected the 8 settlement with the debtor." 9 Notwithstanding the provisions of Section 1542, and for the 10 purpose of implementing a full and complete discharge of the 11 released parties, the Bank expressly acknowledges this Agreement 12 is intended to include in its effect, without limitation, all 13 claims which the Bank does not know or suspect to exist in its 14 favor against the released parties at the time of the execution 15 hereof, and that this Agreement contemplates the extinguishment of 16 any such claim or claims. This release shall not apply to claims 17 arising out of this Agreement. 18 6. The City, for itself and each of its successors and 19 assigns, and anyone claiming through, by or under it, hereby 20 waives and releases the Bank, its successors and assigns, from any 21 claim based upon the determination made pursuant to Vernon City 22 Code § 26.4.6-7 by City's Director of Community Services & Water 23 in his letter of March 28, 1998, that the Property had been vacant 24 for a continuous period of at least one year and could not 25 thereafter be occupied unless brought into conformity with all 26 applicable regulations. 27 7. The City and the Bank mutually understand and agree 28 that this Agreement effects a settlement of the claims mentioned -6- •1 herein and nothing contained herein shall be construed as an 2 admission of any breach, wrongdoing or liability whatsoever on the 3 part of the City or the Bank or any other past or present 4 employees or officials. Moreover, neither this Agreement nor any 5 part of this Agreement shall be construed to be, nor shall it be 6 admissible as evidence of, any admission by the City or the Bank 7 (except for the purpose of requiring or enforcing compliance with 8 this agreement) of any violation of law or any wrongdoing 9 whatsoever. 10 8. Nothing in this Agreement shall limit the right of 11 any party to bring an action to enforce the terms of this 12 Agreement in a court of competent jurisdiction. 13 9. In the event that either the City or the Bank 14 shall institute suit to enforce any rights hereunder, the 15 prevailing party shall be entitled to recover court costs and 16 reasonable attorney's fees from the other. 17 10. Should any provision of this Agreement be 18 determined to be invalid by a court of competent jurisdiction, it 19 is agreed that this shall not affect the enforceability of the 20 other provisions herein. 21 11. The City and the Bank acknowledge that they have 22 read and understand the terms of this Agreement and that they have 231 reviewed it with counsel of their own choosing and that they are 24 relying solely upon the contents of this Agreement and are not 25 relying on any other representations whatsoever of the released 26 parties as an inducement to enter into this Agreement. 2711 _1 IN WITNESS WHEREOF, the parties have executed this 2 Agreement on the date first hereinabove set forth. 3 4 THE CITY OF VERNON BY: �. ONIS C. MAL URG, M yor 6 ATTEST: � A 8 BRUCE V. MALKENHORST, City Clerk 9 APPROVED AS TO FORM: 10d-1 DAVID B. BREMMSY, City Atto ney 11 FAR EAST N L B 12 BY• 13 TITLE: 14 BY: 15 TITLE: t y -f—/— 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- FAR EAST NATIONAL BANK 4901-03 PACIFIC BOULEVARD ITEMS THAT MUST BE COMPLETED PRIOR TO OCCUPANCY: 1. Provide disable accessibility to all sections of the building in accordance with Title 24 standards. 2. Structurally upgrade the building.so that it meets the seismic requirements of the current building code. 3. Seal all openings in the building along the southerly property line wall in accordance with the current building code. 4. Construct a 30-inch high parapet along the south property line wall in accordance with the current building code. 5. Remove all weeds off of the property. 6. Recess the loading docks to 65 feet from the public right-of- way or apply for a variance to utilize shorter trucks that will not extend into the public right-of-way at the existing loading docks. 7. Remove all tripping hazards on the site. 8. Remove flex conduit installed without permits. City Code 24.25. 9. Remove cord wiring that replaces permanent wiring of the structure. N.E.C. Art. 410. 10. Seal all electrical enclosures and properly support all electrical conduit. N.E.C. Art 110. 11. Install anti -siphon vacuum breaker(s) on all hose bib(s). 12. All piping must be properly supported. 13. No gas meter found. Prior to obtain gas meter set, applicant must get approval from the City first. 14. Provide water service to sinks and toilets. 15. Maintain toilet rooms, washrooms, and bath or shower rooms in good repair and clean condition. Provide adequate ventilation and lighting. 16. Provide rodent, vermin, and insect control in interior dock door. -137 EXHIBIT A 17. Provide drinking fountains or other sanitary sources of drinking water for employees. Provide single use cups in a permanently mounted dispenser for bottled water. V.C.C. 25.38/2539, CCR 3363. 18. Maintain all trash and garbage in watertight containers with tight -fitting lids. Trash containers shall be emptied as often as necessary to avoid unsanitary conditions and cleaned periodically. V.C.C. 12.2, 8 CCR 3362(e). 19. Remove tires from the back of the building. 20. Provide a floor plan layout including but not limited to all work areas, office areas, and staging areas, cutting tables, storage areas. Show layout of solid pile storage, row storage, shelving, racks, legal exits, and aisles, for approval. Solid pile storage is limited to 501x50' square with a minimum of 8' aisles while keeping 3' clear of all walls or 251x50' rectangular piles against walls with 8' aisles separating adjacent piles. Row storage included back- to-back rows of palletized commodity with minimum 4' aisles between rows. Maintain 150' maximum travel distance from any place in the building to a legal exit. 21. No LPG cylinders are allowed inside the building, empty or full, except that which is attached to an approved unit. Outside storage shall be a minimum of 10' away from all combustible construction, openings in building, railroad tracks, property lines and public right-of-way. All LPG storage areas shall be identified with NFPA 704 Hazardous Materials Labels. (UFC Standard 82-1) 22. Provide a minimum of 6 UL approved 10# units 4A BC or 4A 60 BC rated or better fire extinguishers all properly mounted, service tagged and identified. Travel distance to any unit not to exceed 751. In light hazard areas 2-5#, 2A 10 BC may be substituted for each required 10# extinguisher with travel distance not to exceed 501. (Vernon Standard requires 1-10# for every 4,000 square feet). 23. Provide automatic fire sprinklers in accordance with the Uniform Building Code and Uniform Fire Code. -14- EXHIBIT A Recording requested by and when recorded mail to: Bruce v. Malkenhorst, City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Space above this line for recorders use COVENANT For valuable consideration, receipt of which is hereby acknowledged, the undersigned does hereby covenant and agree as follows: 1. The undersigned is the owner of the real property ("the Property") located at 4901-4903 Pacific Boulevard in the City of Vernon, County of Los Angeles, State of California, legally described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 2. This covenant is made pursuant to that certain D Settlement Agreement and General Release dated August S , 1999 "Settlement Agreement"), by and between the undersigned and the City of Vernon, an original of which is on file in the office of the City Clerk of said City, located at 4305 Santa Fe Avenue, Vernon, California 90058, and which is incorporated herein by this reference as though set forth at length. This covenant is made to benefit that portion of Pacific Boulevard adjacent to the Property, in which the City of Vernon has a property interest. EXHIBIT B ` A 3. The undersigned agrees that not later than the time of expansion or structural alteration of the building located on the Property (not including any repairs or improvements required by paragraph 1 of the Settlement Agreement), or August 19, 2009, whichever shall occur first, the Property shall be brought into conformity with the off-street parking, access and loading requirements of the Comprehensive Zoning Ordinance of the City of Vernon, as required by Section 26.4.E-4(b). 4. This covenant shall run with the land and shall be binding upon the undersigned, its heirs, successors and assigns, and shall continue in effect until such time as the Property conforms to the aforesaid off-street parking, access and loading requirements. Dated this day of , 1999. FAR EAST NATIONAL BANK BY: TITLE: BY: TITLE: EXHIBIT B ,I'S#- 8952K QRI Rk O-63034 EXHIBIT "All (LEGAL DESCRIPTION) THE NORTHERLY 100 FEET OF LOT 51 OF TRACT 9461, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 129 PAGES 85 AND 86 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH AN EASEMENT FOR THE LAYING OF RAILROAD TRACKS AND OTHER INCIDENTAL PURPOSES FOR THE OPERATION OF A RAILROAD OVER THAT PORTION OF LOT 21, OF TRACT 9461, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF 49TH STREET, BEING THE SOUTH LINE OF SAID LOT 21, DISTANT 238.94 FEET THEREON FROM THE WEST LINE OF PACIFIC BOULEVARD; THENCE WESTERLY ON SAID LOT LINE 11.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 21, A DISTANCE OF 116.76 FEET; THENCE EASTERLY AT RIGHT ANGLES 0.50 FEET; THENCE SOUTHERLY ON A CURVE 594.81 FEET RADIUS CONCAVE EASTERLY TANGENT AT ITS BEGINNING TO A LINE AT RIGHT ANGLES TO SAID 0.50 FOOT COURSE, 87.38 FEET; THENCE SOUTHERLY ON A REVERSE CURVE 612.81 FEET RADIUS CONCAVE WESTERLY 29.92 FEET TO -THE POINT OF BEGINNING. 96 ...595006