Resolution No. 8666RESOLUTION NO. 8666
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
U.S. GROWERS COLD STORAGE, INC. FROM
SECTION 26.4.2 -8(C) OF THE
COMPREHENSIVE ZONING ORDINANCE, FOR THE
PROPERTY LOCATED AT 2809 AND 2851 44TH
STREET IN THE CITY OF VERNON
WHEREAS, U.S. Growers Cold Storage, Inc. owns the
property located at 2809 and 2851 44th 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 refrigerated
warehousing which is consistent with the objectives of the
General Plan and Zoning Ordinance; and
WHEREAS, U.S. Growers 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 at 2809 44th Street was
constructed with four non - conforming truck loading spaces
measuring 9.0 feet in width and 51.0 feet in length and the
property at 2851 44th Street was constructed with seven non-
conforming truck loading spaces measuring 10.0 feet in width and
36.0 feet in length; and
WHEREAS, these truck loading spaces front 44th Street;
and
///
WHEREAS, Section 26.4.2 -8(c) of the Zoning Ordinance
specifies that each truck loading space shall be a minimum of
ten (10) feet wide, sixty -five (65) feet long; and
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 26.4.6 -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; and
WHEREAS, U.S. Growers has stated that the eleven (11)
non - conforming truck loading spaces facing 44th Street will be
limited to trucks that do not extend into the Master Plan of
Street Widths dated November 17, 2004; and
WHEREAS, pursuant to Section 26.4.6 -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, U.S. Growers 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 U.S. Growers to demolish a
significant portion of their buildings 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 refrigerated warehousing; and
WHEREAS, U.S. Growers 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 February 7, 2005, 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 February 16, 2005;
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 not 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
///
///
///
///
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 U.S. Growers
located at 2809 and 2851 44th 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
manner as a legal nonconforming use subject to Section
26.4.6-4(b).
d) All parking and loading areas necessary for U.S. Growers
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 no on street parking or staging will 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 November 17, 2004.
g) This variance shall only be valid while U.S. Growers 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 44th Street and Soto Street.
///
///
j) The usage of the nonconforming loading spaces located at
2809 44th shall be limited to trucks with a maximum length of
51.0 feet. Usage of the nonconforming loading spaces located
at 2851 44th shall be limited to trucks with a maximum length
of 36.0 feet. 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) Servicing of vehicles, including but not limited to,
washing, steam cleaning and repairing, shall not be
permitted on the premises without prior approval from the
Department of Community Services and Health Department. No
inoperative vehicles shall be stored on -site. All vehicles
operated at the facility shall be tuned and maintained in
accordance with applicable emission standards.
1) 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, U.S.
Growers 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 16th day of February, 2005
LEONIS C. MALBURv, Mayor
BRUCE V. MALKENHORST, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
) ss
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8666 was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly
held on Wednesday, February 16, 2005 and thereafter was duly
signed by the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
SUPPORTING
DOCUMENTS
•
STAFF REPORT
U.S. GROWERS COLD STORAGE, INC.
2809 AND 2851 44TH STREET
VARIANCE APPLICATION
February 7, 2005
The owner of the property, located at 2809 and 2851 44th
Street in the City of Vernon, U.S. Growers Cold Storage, Inc.,
(hereinafter referred to as "U.S. Growers ") has requested a
variance from Section 26.4.2 -8(c) of the Comprehensive Zoning
Ordinance, Development Standards.
BACKGROUND
U.S. Growers owns the property identified by the address
2809 and 2851 44th Street located in the M -Zone, General
Industrial, located in the City of Vernon. The building located
at 2809 44th Street was constructed with four non - conforming
truck loading spaces measuring 9.0 feet in width and 51.0 feet in
length. The building located at 2851 44th Street was constructed
with seven non - conforming truck loading spaces measuring 10.0
feet in width and 36.0 feet in length. These truck - loading spaces
all front 44th Street. It has stated that only vehicles of
smaller lengths will be used at the non - conforming truck- loading
spaces. The building located at 2809 44th Street is used for
storage of food products (refrigerated warehouse) and is
approximately 81,475 square feet in size. The building located at
2851 44th Street is also used for storage of food products
(refrigerated warehouse) and is approximately 69,450 square feet
in size.
-1-
U.S. Growers 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 that will
not extend in the street right -of -way. U.S. Growers has stated
that it will advise all future tenants on any conditions placed
on the variance. According to Section 26.4.6 -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 26.4.6 -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 buildings were built
with eleven non - conforming truck - loading spaces. These truck -
loading spaces front 44th Street. Since the spaces are directly
facing 44th Street, trucks must back off the public right -of -way
in order to access the 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.
These buildings have been used for warehousing (refrigerated
warehousing) in the past and despite a change in occupancy, it
continues 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 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 26.4.6 -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
-3-
alteration of the building. A variance from off - street parking,
access and loading requirements may be granted under Section
26.4.6 -4 (d) .
Pursuant to Section 26.4.6, the intent of Chapter 26 was to
permit non - conformities in buildings, structures, and uses which
existed at the time the ordinance was adopted to continue for a
reasonable length of time, but not to encourage their survival.
As previously mentioned the applicant's buildings were built
with eleven (11) non - conforming truck - loading spaces. In order
for the buildings to conform with the current Comprehensive
Zoning Ordinance, a significant portion of the buildings 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 would
cause an unreasonable hardship to the applicant at this time.
Since the site was previously used for warehousing
(refrigerated warehousing), 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.
-4-
The building at 2809 44th Street has four (4) non - conforming
truck loading spaces measuring 9.0 feet in width and 51.0 feet in
length. The building at 2851 44th Street has seven (7) non-
conforming truck loading spaces measuring 10.0 feet in width and
36.0 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 - conforming spaces to avoid
protruding into the public right -of -way as defined by the Master
Plan of Streets dated November 17, 2004.
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 at 2809 44th Street was built
with four (4) non - conforming truck loading spaces measuring 9.0
feet in width and 51.0 feet in length. The building at 2851 44th
Street was built with seven (7) non - conforming truck loading
spaces measuring 10.0 feet in width and 36.0 feet in length. For
the building to conform with the current Comprehensive Zoning
-5-
Ordinance, a significant portion of the buildings would need to
be demolished.
b) These buildings have been used for warehousing
(refrigerated warehousing) in the past and despite a change in
occupancy, it continues 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 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 U.S.
Growers 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 no on street
parking or staging will 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 November 17, 2004.
g.
This variance shall only be valid while U.S. Growers
remains the owner of the property. A new variance will be
required upon change of ownership.
-7-
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 44th Street and Soto Street.
j. The usage of the nonconforming loading spaces located
at 2809 44th shall be limited to trucks with a maximum length of
51.0 feet. Usage of the nonconforming loading spaces located at
2851 44th shall be limited to trucks with a maximum length of
36.0 feet. 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. Servicing of vehicles, including but not limited to,
washing, steam cleaning and repairing, shall not be permitted on
the premises without prior approval from the Department of
Community Services and Health Department. No inoperative vehicles
shall be stored on -site. All vehicles operated at the facility
shall be tuned and maintained in accordance with applicable
emission standards.
1. 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, U.S. Growers to
comply with the truck parking and loading requirements of the
Comprehensive Zoning Ordinance.
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
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
Y
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
Honorable City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Gentlemen:
February 9, 2005
JOHN KARNS
Karns & Karabian
General Counsel
KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
U.S. Growers Cold Storage, Inc. has requested a variance from
the Comprehensive Zoning Ordinance Section 26.4.2 -8(c), Development
Standards for the property located at 2809 and 2851 44th Street in
the City of Vernon. The variance is to allow the use of eleven (11)
non - conforming truck- loading spaces. The loading spaces, however,
will be restricted to trucks that do not extend into the public
right -of -way.
After review of the application by the Community Services
Department, it is recommended that the variance application permit
be granted.
Herewith for your consideration are the following supporting
documents:
1. Staff Report.
2. Request for variance application permit and information
supporting the application.
3. Notice of Public Hearing, copies of notification
to owners and tenants in the area and affidavits
posting and mailing.
letters
of
The project is categorically exempt from CEQA because it
existing facility as described in Section 15301. A Notice of
Exemption will be prepared and filed with the County Clerk.
"Exclusively Industrial"
is an
Honorable City Council
-2- February 9, 2005
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 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 U.S. Growers
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 no on street parking or staging will
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 November 17, 2004.
g. This variance shall only be valid while U.S. Growers
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 44th Street and Soto Street.
j. The usage of the nonconforming loading spaces located at
2809 44th shall be limited to trucks with a maximum length of 51.0
feet. Usage of the nonconforming loading spaces located at 2851
44th shall be limited to trucks with a maximum length of 36.0 feet.
Signs shall be posted in front of the nonconforming truck loading
Honorable City Council
-3- February 9, 2005
spaces stating the restrictions on the length of the trucks
accessing the subject loading docks.
k. Servicing of vehicles, including but not limited to,
washing, steam cleaning and repairing, shall not be permitted on
the premises without prior approval from the Department of
Community Services and Health Department. No inoperative vehicles
shall be stored on -site. All vehicles operated at the facility
shall be tuned and maintained in accordance with applicable
emission standards.
1. 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, U.S. Growers to
comply with the truck parking and loading requirements of the
Comprehensive Zoning Ordinance.
Respectfully submitted,
K`evin Wilson, P.E.
Director of Community Services & Water
SKW:sc
Attachments
C: City Attorney
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Bruce V. Malkenhorst, City Administrator
Samuel Kevin Wilsoniirector of Community Services & Water
February 3, 2005
Variance for U.S. Growers Cold Storage, Inc. located at 2809 & 285144 Street
U.S. Growers Cold Storage, Inc. has submitted a complete application for a variance from
Section 26.4.2 -8(c) of the City of Vernon Comprehensive Zoning Ordinance. They are proposing to
utilize eleven (11) non - conforming truck - loading spaces at their existing facilities located at 2809 and
285144' Street.
It is recommended that you receive this application and that a public hearing be set for
February 16, 2005.
SKW /sc
Place:
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing, which you may attend.
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, February 16, 2005 at 5:00 p.m.
Applicant: U.S. Growers Cold Storage, Inc.
The purpose of the hearing is to obtain testimony from affected and/or interested
persons regarding this application. The public is also invited to submit written comments
regarding the request prior to the Hearing.
Request:
Grant a variance from Section 26.4.2 -8(c), Development Standards
of the Comprehensive Zoning Ordinance to utilize eleven non-
conforming truck- loading spaces.
Property Involved: 2809 and 2851 44th 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.
The hearing may be continued or adjourned to a stated time and place without
further notice of a public hearing.
BRUCE V. MALKENHORST
City Administrator /City Clerk
APPLICATION FOR VARIANCE
Page 1 of 4 mC ors+
REG GENERAL 12- 25-2004 14:53 003924
TOTAL $500.00
Application is hereby made to the City of Vernon, petitioning for a variance for the
following described property:
Legal description (give exact description):
General location (give street address) 2809 and 2851 E. 44th Street. Vernon, California
90058
Applicants Name; U.S. Growers Cold Storage Inc.
Mailing address 3141 E. 44th St, Vernon, CA 90058
_Telephone _323-583-3163
Record Owner (s) of property: Name U.S. Growers Cold Storage
Inc
Mailing address SAME AS APPLICANTS Telephone
Property owner (s) representative: Name
Mailing address
Relationship to owner :Engineering Manager
Present use of property: REFRIGERATED WAREHOUSING Present Zoning
Telephone
Proposed use of proper SAME
How long has owner held title to this property?
Just purchased.
Are there any easements controlling the use of this property?
Described Expiration da
YES
Are there any private or deed restrictions controlling use of this property?
Described
YES
Page 2 of 4
Variance applied for (described in detail the nature and purpose of this request for which
the premises are to be used) attach additional sheets (s) if necessary:
WE REQUEST A VARIANCE FOR "BOB TAIL" TRUCK SPOTS WHICH WILL BE
USED ONLY FOR TRUCKS WHICH WILL BE BEHIND THE SIDEWALK WHILE
LOADING AND UNLOADING. SEE COVER LETTER AND EXHIBIT "A" AND
"B"
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:
THE REQUEST FOR "BOB TAIL" TRUCK SPACES DOES NOT CHANGE THE
INTENT OF THE NEW ORDINANCE (I.E. TO KEEP THE SIDEWALKS CLEAR).
(2) That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same vicinity and zone in
which the property is located, under the terms of this Chapter.
VARIANCES FOR "BOB TAIL" TRUCK SPACES HAVE BEEN GRANTED TO
OTHERS. This is onl transfer of ,revious owners alread •ranted variance.
Page 3 of 4
(3) That the special conditions and circumstances do not result from actions of the
applicant:
THE SUBJECT WAREHOUSE MET ALL CODES WHEN BUILT IN 1952.
(4) GRANTING OF THIS VARIANCE WILL PROVIDE APPLICANT WITH THE
SAME PRIVILEDGES OTHERS IN THE VICINITY HAVE.
The variance was . reviousl • anted to Pacific Cold Stora e.
(5) That the granting of such variance will be in harmony and not adversely affect the
Comprehensive General Plan:
The variance was previously granted and the usage is not different than previous owner.
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 coverere legal
description and all existing and proposed improvements attached? NO
Are the required three (3) area maps attached? NO
Page 4 of 4
Is there a certified list attached of names and mailing addresses of all property
within 300' of the exterior boundaries of the property in his application ?: NO
Is the required fee enclosed NO
Make check or money order payable to the City of Vernon.
I declare under p: alty of perju at to the best of my knowledge and belief the
forego e -, and a e.
Sign
(Property •wner (s) or owner's representative)
Date /t4a'
M AL MMLR
MAW,
•
•
PACIP$c ce40 %T
WARaNOvts Ma
c
07/12/2004 14:20 3109007041 EXECU PAGE 06
W
a
g
{ w
W
c 0 L
ioz? <1
w�jj� °-x
o
oliomoui
Virggni
■■aIlUUf•■ ■sty■ ■■■!!!
ss1 ■1111 ■ ■ ■w ■ ■s
■ ■ ■ ■Mlft� ■a� ■ ■MIlMlfl ■ws1�
■■ ■ ■MISIR=:i•sssss11l■
■■ ■■ ■.1110 !1 ■ ■ ■ ■ws ■ ■11I
•■1111 •■ ■r ■■■ ■ ■■NI■■■
1111111
■11111.11
■ ■111■
■1111111
■11011111
J
1
-1
a
1
1
1
J
J
1
r
0
d
0
a
osP
0
0
v
O
O
O
4-
N
tvg
W
O
O
N
ln
Q!
■
1
1
•
1
•
•
J
i
J
r
l
1
a
1
1
F r
•
r
W
w
W
MINIM
MINIM MI
■■■■■
NUM
1
T-T1
1
1
1
•
111■■ ■11111
11111 ■11111
■1111111 11111■■
■■1111 11111■
■1111■ ■ ■■ ■111
■■11■ 111111
■■11N1 111111■
111 ■■ ■■111■
11111 ■■■111
.111■ 1111E ■■
1111■■■ 11111■■■
111111111111 WINN
■■ ■11■ 1111111
a
J
1
1
a
1
1
1
ff.`s
f
d
N
as
(o
N
0
W
03
Kai
01
d
t
01
N
to
+rl
O
M
0
0
2
M
n
01
J
■■■ua'ii 1 ■■
•■wpM■ orio
■ti •/7011m ■■
■■sm���wrs
■■■ minni f ■■
ansimm wsw
■■sw■■wss
WPM
•
1l l
1■■■■
■
-r
J_LL
1.4 irtr
[11111 1 ■1
1 111 11111 11111111
r 1■■■■ I ■11111
1 I 111■■ 1 ■111■
11:,11111111111111611
i t9
L1 ■/1i i 1111
1 1 ■1111■■ 111111
1 r ONION ■111■
s MOWER 111111
F
mom mom
1 t 4:1111. ■ ■ ■■
11111'111■]
1
Swoo21 3NlHOdw
aNY ONIWI33NION3
1.1
1
1
a
1
1
1
J
1
1
S3OddS NI>i8dd
J
0
1-
1
1-11 ,h {I
'1 - r- rr,±1
J_
ckt
cr
IC
'K,
W
W W
c>=
r
I
r
r
r_
r
,.PEN DO
3109007041 => US GROWERS ,TEL = 3235838917 07112'04 14:42
la la
5
f
y
1
r 1 1
!/ AVV /9W77,47r///47)7/ /r / /,` "W / /J /r//NWW /AVZ i IWAM/Im/Jn/n /!//. 4AAI�
5
i
i
5
v
111
1
11
1
11
5
1
1
1
111
111
1
1
■
1
1
1
1
11
1
1
1
11
1
11
M 1
■
t I
■
1
f
N
g
N y "•• "__1=_ i l
1
1
// A/l// A/J//I// A!/7.11/.440// A// / //.f /A / //d/II/ / / /LAI / /AA//A /1/
t
AV
IPI
ID
.11.1
• 11011
// /iAAiZ,VIVIi/ /ii /AOWIW/F A/ Ail /.1477, /ARIA /iiliAWYMA /AiAiA "47,107,////7//7//07/171
L'
N 09
OD
N
s
M '0100.000t .A0 X .1 -
1
1
C
N
D 3
r��ww
w� 0ws
,rroc
.ax.1
City of Vernon
Place:
4305 Santa Fe Avenue
Vernon, California 90058
(323) 583 -8811
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing, which you may attend.
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, February 16, 2005 at 5:00 p.m.
Applicant: U.S. Growers Cold Storage, Inc.
The purpose of the hearing is to obtain testimony from affected and/or interested
persons regarding this application. The public is also invited to submit written comments
regarding the request prior to the Hearing.
Request:
Grant a variance from Section 26.4.2 -8(c), Development Standards
of the Comprehensive Zoning Ordinance to utilize eleven non-
conforming truck- loading spaces.
Property Involved: 2809 and 2851 44th 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.
The hearing may be continued or adjourned to a stated time and place without
further notice of a public hearing.
BRUCE V. MALKENHORST
City Administrator /City Clerk
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
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583 -8811
February 3, 2005
Interested parties or property owners:
JOHN KARNS
Karns & Karabian
General Counsel
KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
Enclosed herewith for your information is a Notice of Public Hearing to consider
an application for variance for the property located at 2809 and 2851 44th Street in the
City of Vernon. The applicant, U.S. Growers Cold Storage, Inc. is requesting a variance
from Section 26.4.2 -8(c), Development Standards, of the Comprehensive Zoning
Ordinance to allow the use of eleven non - conforming truck- loading spaces. The non-
conforming truck loading spaces face 44th Street. A variance is requested to utilize these
loading spaces with the condition that the loading spaces will be restricted to trucks that
do not extend into the public right -of -way.
A copy of the application and supporting evidence is available for public review
at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
You are welcome to attend the meeting on February 16, 2005 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.
SKW:sc
Enclosure
Very truly yours,
I�eviri Wilson, P.E.
Director of Community Services & Water
"Exclusively Industrial"
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 3rd day of February, 2005, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on February 16, 2005, (see attached
copy) regarding a variance application for U.S. Growers Cold Storage, Inc. located at 2809
and 2851 44th Street in the City of Vernon from Section 26.4.2 -8(c) of the Comprehensive
Zoning Ordinance to utilize eleven non - conforming truck loading spaces.
One in each of the following places to wit: At the northwest corner of 38th Street and
Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on
the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa
Fe Avenue, all in said City, there being no newspaper of general circulation printed and
published in the City of Vernon.
Date: February 3, 2005
Sergio Canales, Engineering Aide
State of California )
) ss.
County of Los A ngeles )
2-1,e).5— �° a
On $P etillt �j, before me, tfr,U( €(d 7(00,7 , Notary
Public, personally appeared Sergio Canales, personally known to me
basis of satisfactory 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.
WITNESS my hand and official seal
( iF(DN
Commission;: 1328374
Notary Public - Califomia
Los Angeles County
t y Cornet. Lxpires Nov 4, 200 !'y
AFFIDAVIT OF MAILING
I, Sergio Canales, declare as follows:
1. That I am employed in the Community Services Department in the position
of Engineering Aide.
2. That on February 3, 2005 I mailed a copy of Notice of Public Hearing to
be held on February 16, 2005 along with the attached letter regarding a variance
application for U.S. Growers Cold Storage, Inc. located at 2809 and 2851 44th Street in
the City of Vernon to utilize eleven non - conforming truck loading spaces, to the owners,
tenants and interested parties on the attached lists, by United States Mail with postage.
Date: February 3, 2005 Sign:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
On 7 frnarq 9, 7e05- before me, / it.ei ' E7/ , Notary
Public, personally appeared Sergio Canales, personally known to me (or known to me -on
the basis of satisfactory 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.
) ss.
WITNESS my hand and official seal
/(,(-044-146,e
MA? Ur_Lss CAFtl7N
Commission # 132E3374
Notary Public - California
Los Angeles County
My Gomm_ Expires N,rw 4, 200.5
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 3rd day of February, 2005, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on February 16, 2005, (see attached
copy) regarding a variance application for U.S. Growers Cold Storage, Inc. located at 2809
and 2851 44th Street in the City of Vernon from Section 26.4.2 -8(c) of the Comprehensive
Zoning Ordinance to utilize eleven non - conforming truck loading spaces.
One in each of the following places to wit: At the northwest corner of 38th Street and
Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on
the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa
Fe Avenue, all in said City, there being no newspaper of general circulation printed and
published in the City of Vernon.
Date: February 3, 2005
Sergio Canales, Engineering Aide
State of California )
) ss.
County of Los Angeles )
On ' e TU� ? 205 before me, Penueld C rdi , Notary
Public, personally appeared Sergio Canales, personally known to me
basis of satisfactory 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.
TNESS my hand and official seal
Z
NIANU.AA GiRON
Commission *1328374
Notary Public - California
Los Angeles County
Nty Comm Expires Nov 4, 20M
z
i
AFFIDAVIT OF MAILING
I, Sergio Canales, declare as follows:
1. That I am employed in the Community Services Department in the position
of Engineering Aide.
2. That on February 3, 2005 I mailed a copy of Notice of Public Hearing to
be held on February 16, 2005 along with the attached letter regarding a variance
application for U.S. Growers Cold Storage, Inc. located at 2809 and 2851 44th Street in
the City of Vernon to utilize eleven non - conforming truck loading spaces, to the owners,
tenants and interested parties on the attached lists, by United States Mail with postage.
Date: February 3, 2005 Sign: (-6r—
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON
O
n' Ky 3, ?.€/&S before me, //bu &(i (7/ , Notary
Public, personally appeared Sergio Canales, personally known to me (or know to ne on
the basis of satisfactory 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.
WITNESS my hand and official seal
MANUELA GiRON
Commission *1328374
Notary Public - California
Las Angeles County
My Comm Expires Nr w 4, 2005 :4