Resolution No. 84451
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RESOLUTION NO. 8445
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
INFINITY HOLDINGS, LLC. FROM SECTION
26.4.2-8(C) OF THE COMPREHENSIVE ZONING
ORDINANCE, FOR THE PROPERTY LOCATED AT
2201 38TH STREET IN THE CITY OF VERNON
WHEREAS, Infinity Holdings, LLC. currently owns the
property located at 2201 38th Street 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 used for warehousing and
distribution which is consistent with the objectives of the
General Plan and Zoning Ordinance; and
WHEREAS, Infinity Holdings, 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 three
loading spaces, two of which are legally non -conforming loading
spaces measuring 15.0 feet in width and 29.0 feet in length; and
WHEREAS, these truck loading spaces front 38th Street;
and
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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
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, 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, Infinity Holdings, LLC. has stated that the
two (2) non -conforming truck loading spaces facing 38th Street
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
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WHEREAS, Infinity Holdings, LLC. 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 Infinity Holdings, LLC. 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 warehousing and distribution; and
WHEREAS, Infinity Holdings, LLC. 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 May 5, 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 June 2, 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
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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 Infinity Holdings,
LLC. located at 2201 38th Street.
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 facility shall be operated in a manner that will prevent
unsanitary conditions, odors or other nuisances.
c) 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
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manner as a legal nonconforming use subject to Section
26 .4.E-4 (b) .
All parking and loading areas necessary for occupants
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 Infinity Holdings,
LLC. 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.
The facility shall be operated in a manner, which will not
impede traffic on 3 8th Street.
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j) 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.
k) 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,
Infinity Holdings, 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 2nd day of June, 2004
LEONIS C. M
ATTEST:
BRUCE V. MALKENHORST, City Clerk
v
Mayor
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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. 8445 was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
held on Wednesday, June 2, 2004 and thereafter was duly signed
by the Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Cler]I
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SUPPORTING
DOCUMENTS
STAFF REPORT
INFINITY HOLDINGS, LLC.
2201 38TH STREET
VARIANCE APPLICATION
May 5, 2004
The owner of the property, located at 2201 38th Street in
the City of Vernon, Infinity Holdings, LLC., has requested a
variance from Section 26.4.2-8(c) of the Comprehensive Zoning
Ordinance, Development Standards.
BACKGROUND
Infinity Holdings, LLC. owns the property identified by the
address 2201 38th Street located in the M-Zone, General
Industrial, located in the City of Vernon. Kyung Min Trading
Corp. a warehousing and distribution company currently occupies
the building. The building that it occupies was constructed with
three loading spaces. Two of these three spaces are legally non-
conforming, dock spaces located on the south section of the
building. These two non -conforming truck loading spaces measure
15.0 feet in width and 29.0 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
warehousing, distribution and is approximately 8,993 square feet
in size.
Infinity Holdings, 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
with the condition that the spaces be utilized by smaller trucks
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that will not extend in the street right-of-way. Infinity
Holdings, LLC. has stated that it will advise all future tenants
on 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.
As previously mentioned the applicant's building was built
with three loading space. Two of these three spaces are legally
non -conforming, dock spaces located on the south section of the
building. These two non -conforming truck loading spaces measure
15.0 feet in width and 29.0 feet in length. The truck loading
spaces front 38th Street. 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 warehousing 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.
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As previously mentioned, the applicant has agreed that only
vehicles of smaller lengths will be used at the shorter non-
conforming truck loading spaces to ensure that vehicles will not
extend into the street right-of-way while parked in the loading
spaces. 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.
PARKING ANALYSIS
According to Section 26.4.6-4(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
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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 loading space. Two of these three spaces are legally
non -conforming, dock spaces located on the south section of the
building. 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 would cause an
unreasonable hardship to the applicant at this time.
Since the site was previously used for warehousing and
distribution, it has not been vacant for a continuous period of
more than one year, and no structural alterations are proposed,
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 addressed by a grant of a variance.
The building has two (2) non -conforming truck loading spaces
measuring 15.0 feet in width and 29.0 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-
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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 loading
spaces. Two of these three spaces are legally non -conforming,
dock spaces located on the south section of the building. These
two non -conforming truck loading spaces measure 15.0 feet in
width and 29.0 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 warehousing 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
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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
grant of a variance.
b. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
C. 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) .
d. All parking and loading areas necessary for occupants
operations shall be striped in an acceptable manner to the
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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.
e. The project site shall be maintained substantially in
compliance with the site plan submitted, as part of this variance
application.
f. 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.
g. This variance shall only be valid while Infinity
Holdings, LLC. remains the owner of the property. A new
variance will be required upon change of ownership.
h. All existing and future tenants shall be notified of
these restrictions and a condition stating this shall be placed
in all future leases.
i. The facility shall be operated in a manner, which will
not impede traffic on 38th Street.
j. 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.
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k. 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, Infinity Holdings,
LLC. to comply with the truck parking and loading requirements of
the Comprehensive Zoning Ordinance.
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SUPPORTING
DOCUMENTS
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: "ce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: May 19, 2004
SUBJECT: Variance for Infmity Holdings, LLC. located at 220138�h Street
Infinity Holdings, LLC. has submitted a complete application for a variance from Section
26.4.2-8(c) of the City of Vernon Comprehensive Zoning Ordinance. They are proposing to utilize
two (2) non -conforming truck -loading spaces at their existing facility located at 220138 Street.
It is recommended that you receive this application and that a public hearing be set for June 2,
2004.
SKW/sc
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing, which you
may attend.
Place: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, June 2, 2004 at 5:00 p.m.
Applicant: Infinity Holdings, 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: Infinity Holdings, LLC. 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: 2201 38th Street
(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.
BRUCE V. MALKENHORST
City Administrator/City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Sergio Canales, Engineering Aide of the City of
Vernon, do hereby certify that I did, on the 19th day of May, 2004,
post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held June 2, 2004, (see
attached copies) is regarding a Variance application for Infinity
Holdings, LLC. located at 2201 38th Street 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. /l 111�7
Date: May 19, 2004
Serg
State of California
ss.
County of Los Angeles
m
Canales, Engineering Aide
On N n, 2Q0q before me, QCKc �
Notaryl Public, personally appeared Sergio Canales, personally
known to me (er known t-e fRe eerie -basis ef satiafaetery 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
�AL' i a ab�LC6
GLORIA MOLLEDA
Commission # 1480313�
-ei Notory Public - Cowomia
Los Angeles County
1 0 My Comm. Expires Apr 2, 2008 -
SUPPORTING
DOCUMENTS
Vernon, Department of Community Services
4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811eEii
REG GENERAL 04-1?-2004 09:2 ' . 00U28
iH i 0.ii i
VARIANCE APPLICATION
Application is hereby made to the City of Vernon, petitioning for a variance for the following
described property:
Legal description (give exact legal description):
Tract #65 Ex of Alley Lots 7, 8, 9, 10 and Lot 11
General location (give street address):
2201 E. 38th St, Vernon, CA 90058
Name of Applicant(s): Stanley Szeto
(Print or Type name of business)
Mailing address: 1 300 E. Main, ste 1 09-G, Alhambra, CA 91801
Phone# (6 2 6) 51 2- 5 0 5 0
Record Owner(s) of property: Infinity
Mailing address: 4724 E
Holdings,'LLC
(Name) .
Vernon, CA 90058
Phone# (323) 277-9944
Property Owner(s) representative: Stan Szeto, Szeto + Associates
(Name)
Mailing address: 1 300 E. Main St, ste #1 09-G, Alhambra, CA 91 801
Phone# (626) 51 2-5050
Relationship to Owner(s): ❑ Engineer ❑ Contractor ❑ Attorney 0 Purchaser ❑ Lessee
Entitlement Consultant : Written consent of owner(s) must be attached.
Present use of property: wholesale warehouse Present Zoning: '4:-M
Proposed use of property: same as above
How long has owner(s) held title to this property? 3 yrs
Are there any easements controlling the use of this property?
If yes, describe none known
❑ Yes is No
Expiration date:
Page 1 of 3
Are there any private or deed restrictions controlling the use of this property? ❑ Yes 9 No
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:
please refer to attached
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:
please refer to attached
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:
please refer to attached
3. That the special conditions and circumstances do not result from actions of the
applicant:
please refer to attached
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:
please refer to attached
5. That the granting of such variance will be in harmony and not adversely affect the
Comprehensive General Plan:
please refer to attached
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? EJ Yes ❑ No
Are the required three (3) area maps attached? Q Yes ❑ 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?,7 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 true, complete, and accurate.
Signed:
) representative
Page 3 of 3
SUBJECT:
2201 E. 38T" ST
VERNON, CA 90058
DESCRIPTION:
Variance applied for (described in detail the nature and purpose of this request for which the
premises are to be used) attach additional sheets(s) if necessary:
Pursuant to Section 26.4.2-8(c) of the City of Vernon Municipal Code requiring truck
parking/loading space be a minimum of 65'-0" in length, herein request is a variance for two
existing 29'-0"L truck parking/loading space for an existing wholesale warehouse an distribution
and facility.
VARIANCE FINDINGS:
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:
The subject lot is an approximately 25,800 square foot rectangular shape lot with a width
of 200.00' and a depth of only 129.00' on the north side of 38th Street between Ross
Street and Saco Street. With already an existing 8,993 square foot building on the site,
the lot is relatively small for which the use is intended for. The existing structure on the
site takes on an "L" shape along the west and north property lines. The existing non-
conforming truck loading parking spaces are located on the south side of the building
facing 38`h Street. (please refer to site plan). Due to the existing layout of the building
location and its shallow depth of only 129.00', these spaces do not conform to current
development standards. This circumstance does not generally apply to other properties in
the same vicinity and zone.
2. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other propertied in the same vicinity and zone in which
the property is located, under the terms of this chapter:
Due to the location of the existing building and the shallow depth of the site, requiring
the truck/parking loading to be a minimum of 65'-0" would leave only 64'-0" for the
building, rendering it too shallow for its intended uses. Therefore, the applicant is
substantially deprived the rights enjoyed by other properties in the same vicinity, but
denied to the property in question.
That the special conditions and circumstances do not result from actions of the applicant:
The building was constructed in accordance to development standards when it was
originally constructed The circumstances on the site and building were not actions of the
applicant. The applicant recently purchased this property approximately three years ago.
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:
Due to the extenuating existing physical circumstances on the site and building, the
granting of this variance does in no way constitute any grant of special privilege to the
subject property, but denied to other properties in the same vicinity and zone.
5. That the granting of such variance will be in harmony and not adversely affect the
Comprehensive General Plan:
The granting of such variance will not adversely affect the city's General Plan in that the
existing non -conforming truck parking/loading are located on -site. It will not be
disruptive to traffic and circulation in the area.
Page 2
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 Jan 29, 2004 from the Tax Roll maintained
at Los Angeles County Assessor Office East District
(Name and Location of office)
1190 Durfee Ave, South E1 Monte, CA 91733
It is understood that the accuracy and completeness of this list is the responsibility of the
applicant.
Signed:
(Person wh d list)
On this day of �_b I � k9- , before me th dersigned, a Tjotary
Public in and for said County and State personally appeared
known to me, or proven to me to be the person that executed the withinixkrumed.
WITNESS my hand and official seal
Notary Public in and for said County and State
My commission expires: �2 / ^ 9
coin G °t°
wtm pu � Cou�Y Signed.
I tiM ..
(Applicant)
SUBJECT•
2201 E.38TH ST
VERNON,CA 90058
Page 4 of 7
Si `wroth Feed SheetsTM
6302-006-021 [1]
KANE, LONNIE AND KAREN TRS
756 AMAL,FI DT
PACIFIC PALISADES. CA 90272
6302-010-014 [4]
CHANG HO OK AND SF,ONG EUN KIM
721 FOOTHILL RD
BEVERLY HILLS, CA 90210
6302-013-026 [7]
MORAN, ROSENDO D. AND ESTEFANA G.
2445 SHERBROOK AVE
MONTEREY PARK, CA 91754
6302-013-029 [10]
KBF PROPERTIES, LLC
123 S. FIGUEROA ST, #400
LOS ANGELES, CA 90012
6302-013-040 [13]
WOOD GROUP POWER, INC
66 PROSEPCT HILL RD
EAST WINDOR, CT 06088
6302-016-026 [16]
NORAN COMPANY
3301 INGLEWOOD BLVD
j LOS ANGELES, CA 90066
INFINITY HOLDINGS, LLC
4724 BOYLE AVE
VERNON, CA 90058
6302-006-022
KANE. LONNIE AND KAREN TRS
756 AMALFI DT
PACIFIC PALISADES, CA 90272
6302-010-015 [5]
HERNANDEZ,ABERLARDO M.JR
2137 E. 37T" ST
VERNON, CA 90058
6302-013-027 [8]
INFINITY HOLDINGS, LLC
2201 E. 38T" ST
VERNON, CA 90058
6302-013-036 [I I]
RICHIE, WILLIAM J. TR ET Al,
RICHIE, WILLIAM J. AND LETHA
160 NEWPORT CENTER DR, # 135
NEWPORT BEACH, CA 92660
6302-013-043 [14]
SELLERS_, EVAN AND MARY
P.O. BOX 2656
VERNON, CA 90058
6302-016-027 [17]
LEECOM CO, LLC
368 VALLEY CIR
MONROVIA, CA 91066
SZETO + ASSOCIATES
2714 STINGLE AVE
ROSEMEAD. CA 91770
Use template for 51600
6302-010-011 [3]
CHANG. MAY J. I"T AL
CHANG. PETER I
2209 E. 37 1 H ST
VERNON, CA 90058
6302-013-025 [6].
MARTINET_„ GUADALUPE G.
514 N. WILCOX AVE
MONTEBELLO, CA 90640
6302-013-028 [9]
CHO..IIN H.
20416 THRUST DR
WALNUT, CA 91789
6302-013-038 [12]
WOOD GROUP POWER, INC
166 PROSEPCT HILL RD
EAST WINDOR, CT 06088
6302-013-044 [15]
RI PARTNERSHIP
2110 E. 37T" ST
VERNON. CA 90058
6302-016-028 [18]
HANNIBAL INDUSTRIES, INC
P.O. BOX 58814
LOS ANGELES, CA 90058
*AVERY@
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SUPPORTING
DOCUMENTS
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583-8811
The City of Vernon will conduct a Public Hearing, which you
may attend.
Place: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, June 2, 2004 at 5:00 p.m.
Applicant: Infinity Holdings, 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: Infinity Holdings, LLC. 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: 2201 38th Street
(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.
BRUCE V. MALKENHORST
City Administrator/City Clerk
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
Chief Executive Officer of
Light & Power
FAX: (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 19, 2004
Interested parties or property owners:
ERIC T. FRESCH
City Attorney
FAX: (323) 826-1439
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
LEWIS J. POZZEBON
Director of Environmental Health
FAX: (323) 588-4320
Enclosed herewith for your information is a Notice of Public Hearing to consider
an application for variance for the property located at 2201 38th Street in the City of
Vernon. The applicant, Infinity Holdings, LLC. are requesting a variance from Section
26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance to allow
the use of two (2) non -conforming truck -loading spaces. The non -conforming truck
loading spaces face 38th Street and measure 15.0 feet in width and 29.0 feet in length. The
current Comprehensive Zoning Ordinance requires truck -loading spaces to be ten (10)
feet in width and sixty-five (65) feet in length. A variance is requested to utilize these
loading spaces with the condition that the loading spaces will be restricted to trucks that
do not extend into the public right-of-way.
A copy of the application and supporting evidence is available for public review
at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
You are welcome to attend the meeting on June 2, 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.
Very truYv yours,
1S/ue/1K*eviilson, P.E.
Director of Community Services & Water
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
post three ( 3 ) copies of:
Engineering Aide of the City of
I did, on the 191th day of May, 2004,
NOTICE OF PUBLIC HEARING, to be held June 2, 2004, (see
attached copies) is regarding a Variance application for Infinity
Holdings, LLC. located at 2201 38th Street 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. 12 .`17
Date: May 19, 2004
Serg
State of California )
) ss.
County of Los Angeles )
Canales, Engineering Aide
On \( �� Zp()� before me, 1-cak ON
Notary Public, personally appeared Sergio Canales, personally
known to me (er knewn to me ear the basis satisfaetery 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
Lnj%.Aj1k ab�6,6
GLORIA MOLLEDA
Commission # 1480313
.,� Notary Public - Callfomb
Los Angeles County
My Comm. Expires Apr 2, 2008
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 May 19, 2004 I mailed a copy of
NOTICE OF PUBLIC HEARING to be held on June 2, 2004 along
with the attached letter regarding a Variance application
for Infinity Holdings, LLC. located at 2201 38th Street 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 prepaid.
SUPPORTING
DOCUMENTS
NOTICE OF DETERMINATION
To: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
X County Clerk
County of Los Angeles
Environmental Filings
From: Citv of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
12400 E. Imperial Hwy, Room 1101 JUL 13 2004
Norwalk, CA 90650
CONNY i MCCO i ,' i Y CLERK
SUBJECT: J.I EFUTY
Filine of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
Project Title:
Extension of Ordinance No. 752 and Zoning Code Amendment
State Clearinghouse Number: Lead Agency: (Area Code) Telephone/Extension: Contact Person:
of Vernon (323) 583-8811 / 219 Sergio Canales
Project Location (include county)
4305 Santa Fe Avenue, Vernon, CA 90058 - Los
Project Description:
The City of Vernon is proposing to adopt an ordinance amending Section 26.4.6-3(b) of the Compr hensive Zoning
Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street
parking and loading requirements established in Section 26.4.6-4(b), which is August 19, 2009.
This is to advise that the City of Vernon has approved the above -described project on June 2, 2004 d has made the
following determinations regarding the above -described project:
1. The project will not have a significant effect on the environment.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. A statement of Overriding Considerations was not adopted for this project.
4. Findings were not made pursuant to the provisions of CEQA.
This is to certify that the Negative Declaration with comments and responses and record of project approval is
available to the General Public at:
i • ''• DII
. ••1 if• M �i•.
04 0010760
04 0010760
DeMinimus Impact Finding
Project Title/Location (include county):
Extension of Ordinance No. 752 & Zoning Code Amendment
4305 Santa Fe Avenue
Vernon, CA 90058
Los Angeles County
Project Description:
The City of Vernon is proposing to adopt an ordinance amending Section 26.4.6-3(b) of
the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of
Ordinance No. 752 to coincide with the off-street parking and loading requirements established
in Section 26.4.6-4(b), which is August 19, 2009.
The City Council of the City of Vernon has determined that this project will not have a
significant effect on the environment.
Certification:
I hereby certify that the public agency has made the above finding and that the project will
not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section
711.2 of the Fish and Game Code.
Official)
Title: Director of Community Services & Water
Lead Agency: City of Vernon
Date: June 3, 2004
y
NOTICE OF EXEMPTION
TO: _Office of Planning and Research FROM: City of Vernon
PO Box 3044 4305 Santa Fe Avenue
Sacramento, CA 95812 Vernon, CA 90058
X County Clerk
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy. Room 1101
Norwalk, CA 90650
Project Title
Infinity Holdings, LLC.
Project Location - Specific
2201 38'h Street, Vernon, CA 90058
Project Location — City
Vernon -
Project Location - County
Los Angeles
04 0010761
FILED
CONNY S.
JUL 14 2004
I.
Description of Nature, Purpose and Beneficiaries of Project
Infinity Holdings, LLC. has requested a variance from the Comprehensive Zoning Ordinance Section
26.4.2-8(c), Development Standards for the property located 2201 38 h Street in the City of Vernon. The
variance is to allow the use of two (2) non -conforming truck -loading spaces. The loading spaces, however,
will be restricted to trucks that do not extend into the public right-of-way.
Name of Public Agency approving project
City of Vernon
Name of Person or Agency carrying out project
Infinity Holdings, LLC.
Exempt Status: (check one)
Ministerial (Sec. 21080 (b) (1); 15268
Declared Emergency (Sec. 21080 (b) (3); 15269(a));
Emergency Project (Sec. 21080 (b) (4); 15269(b) (c)).
XX Categorical Exemption - Class 1 (Sec. 15301)
Statutory Exemptions
Reasons why project is exempt:
The project is c/� t�egorically exempt from CEQA because it is an existing facility with no expansion of use
as described i$ y gtiw 15301.
Samuel Kevin Wilson
Date received for filing:
THIS NMCE WM -- ---
`
L �rw
Area Code/Telephone/Extension
323/583-8811/245
TY CLERK
REGISTRAR-RECORDENCOU19'I'Y CLERK