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Resolution No. 8874 1 it) RESOLUTION NO. 8874 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO GOOD DESIGN, INC. FROM SECTION 26.4.2- 8(C) OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4333 MAYWOOD AVENUE IN THE CITY OF VERNON 3 4 5 6 7 WHEREAS, Good Design, Inc. ("Good Design") owns the 8 property located at 4333 Maywood Avenue in the City of Vernon 9 (hereinafter referred to as "the Property") and is requesting a 10 variance from Section 26.4.2-8(c), Development Standards, of the 11 Comprehensive Zoning Ordinance; and 12 WHEREAS, the Property is located in the M-Zone, 13 General Industrial; and 14 WHEREAS, the Property is used for office, warehousing 15 and distribution which is consistent with the objectives of the 16 General Plan and Zoning Ordinance; and 17 WHEREAS, Good Design, Inc. has indicated that it has 18 not and does not propose to perform any structural alterations 19 to its facility which would require it to come into co~pliance with the requirements of the current Comprehensive Zoning 20 Ordinance; and 21 22 WHEREAS, the property at 4333 Maywood Avenue was 23 constructed with one non-conforming truck loading space 24 measuring 11.5 feet in width and 32.6 feet in length; and 25 WHEREAS, the truck loading space fronts Maywood Avenue; and 26 27 WHEREAS, Section 26.4.2-8(c) of the Zoning Ordinance 28 specifies that each truck loading space shall be a minimum of ten (10) feet wide, sixty-five (65) feet long; and -1- " ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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, Good Design, Inc. has stated that the one (1) non-conforming truck loading space facing Maywood Avenue 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, Good Design, Inc. 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 Good Design, Inc. to demolish a significant portion of their building thus creating an unreasonable financial hardship; and / / / / / / 24 25 26 27 28 -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 WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for office, warehousing and distribution; and WHEREAS, Good Design, Inc. 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 October 12, 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 October 19, 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 -3- 1 2 3 4 5 a) 6 7 8 9 b) 10 11 c) 12 13 14 15 16 17 18 19 20 21 22 d) 23 24 25 26 27 28 sixty-five (65) feet long, is hereby granted Good Design, Inc. located at 4333 Maywood Avenue. SECTION 3: The variance granted is subject to the following conditions: 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. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. 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) . All parking and loading areas necessary for Good Design 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 -4- 1 2 3 e) 4 5 6 f) 7 8 9 10 g) 11 12 13 h) 14 15 16 i) 17 18 j ) 19 20 21 22 23 24 k) 25 26 27 28 ~ standards. Adequate on-site parking shall be maintained so that no on street parking or staging will 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 space shall be limited so that no trucks parked at or using the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets, dated November 17, 2004. This variance shall only be valid while Good Design 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 Maywood Avenue. The usage of the nonconforming loading space located at 4333 Maywood Avenue shall be limited to trucks with a maximum length of 32.6 feet. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted. 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. -5- 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 1) Noncompliance with any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Good Design to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. SECTION 4: The Acting 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 19th day of October, 2005 LEONIS C. MALBURG, Mayor ATTEST: 1 BRUCE V. MALKENHORST, JR., Acting City Clerk -6- 1 STATE OF CALIFORNIA 2 ss 3 COUNTY OF LOS ANGELES 4 5 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of 6 the City of Vernon, do hereby certify that the foregoing 7 Resolution, being Resolution No. 8874 was duly adopted by the 8 City Council of the City of Vernon at a regular meeting of the 9 City Council duly held on Wednesday, October 19, 2005 and 10 thereafter was duly signed by the Mayor of the City of Vernon. 11 12 13 BRUCE V. MALKENHORST, JR., Acting City Clerk 14 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman I tJ . (:;" \rP iC e\\~ \~~~ ~e '1 ,0, SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 SHARON 1. DUCKWORTH Acting City Treasurer October 12, 2005 0: ~ p ~ : (I"'" Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 <61>'\ a\ \O~ OJ G' D\\t\ 'f-. e; C/.1 \ Gentlemen: Good Design, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4333 Maywood Avenue in the City of Vernon. The variance is to allow the use of one non- conforming truck-loading space. The loading space, 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. 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. i~du~ivtllJ iubu~rial Honorable City Council -2- October 12, 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 Good Design 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 space shall be limited so that no trucks parked at or using the loading dock 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 Good Design 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 Maywood Avenue. Honorable City Council -3- October 12, 2005 j. The usage of the nonconforming loading space located at 4333 Maywood Avenue shall be limited to trucks with a maximum length of 32.6 feet. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. k. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. 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 any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Good Design to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. & Water SKW:sc Attachments C: City Attorney ~ , STAFF REPORT GOOD DESIGN, INC. 4333 MAYWOOD AVENUE VARIANCE APPLICATION October 12, 2005 The owner of the property, located at 4333 Maywood Avenue in the City of Vernon, Good Design, Inc. (hereinafter referred to as "Good Design"), has requested a variance from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance, Development Standards. BACKGROUND Good Design owns the property identified by the address 4333 Maywood Avenue located in the M-Zone, General Industrial, in the City of Vernon. The building located at 4333 Maywood Avenue was constructed with one non-conforming truck loading space measuring 11.5 feet in width and 32.6 feet in length. The truck-loading space fronts Maywood Avenue. It has stated that only vehicles of smaller lengths will be used at the non-conforming truck-loading space. The building is used for Office, warehousing and distribution and is approximately 20,732 square feet in size. Good Design 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 space with the condition that the space be utilized by smaller trucks that will not extend in the street right-of-way. Good Design 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 -1- ~ ~ 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 building was built with one non-conforming truck-loading space. The truck-loading space fronts Maywood Avenue. Since the space is directly facing Maywood Avenue, trucks must back off the public right-of-way in order to access the space. 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 building has been used for office, warehousing and distribution in the past and despite a change in occupancy, it continues to be used for the same purposes. As previously mentioned, the applicant has agreed that only vehicles of smaller lengths will be used at the shorter non- conforming truck loading space to ensure that vehicles will not extend into the street right-of-way while parked 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 General Plan. -2- 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 alteration of the building. A variance from off-street parking, access and loading requirements may be granted under Section 26.4.6-4(d). Pursuant to Section 26.4.6, the intent of Chapter 26 was to permit non-conformities in buildings, structures, and uses which existed at the time the ordinance was adopted to continue for a reasonable length of time, but not to encourage their survival. As previously mentioned the applicant's building was built with one non-conforming truck-loading space. 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 -3- 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 office, 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 at 4333 Maywood Avenue has one (1) non- conforming truck ,loading space measuring 11.5 feet in width and 32.6 feet in length. The usage of this non-conforming truck loading space shall be limited and the occupant will be required to use shorter trucks in the non-conforming space 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 and commercial 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 -4- 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 4333 Maywood Avenue has one (1) non-conforming truck loading space measuring 11.5 feet in width and 32.6 feet in length. For the building to conform with the current Comprehensive Zoning Ordinance, a significant portion of the building would need to be demolished. b) This building has been used for office, warehousing and distribution 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 space 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 -5- 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 Good Design 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. -6- 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 space shall be limited so that no trucks parked at or using the loading dock 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 Good Design 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 Maywood Avenue. j. The usage of the nonconforming loading space located at 4333 Maywood Avenue shall be limited to trucks with a maximum length of 32.6 feet. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. k. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. 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. -7- ~ . 1. Noncompliance with any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Good Design to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. -8- , Ii . " ' )1 .-. ;>;; nt"~ ~ n~. :: .N.... ''.i...i4 GENER?"{L 23. Oi}:J.282 Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 :r,.t..~,., i'-'!i'",i- :tSOO:: 00 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): WA Rb-+t-Ot.tS€ Generallocation (give street address):-.f3.33 S, ""'tt~~ooJ Ave, Vt"rflOr. , CA q 00..58 Name of Applicant(s): Mailing address: 4333 GOOD :DeSl8tJ INC. (Print or Type name of business) So. U'(.t~woo4 -Aftt. ., V UN);1 I CA qOOSB Phone# Record Owner(s) of property: JOON Mailing address: 4lJ33 S. M~ wood' \(00 ' Property Owner(s) representative: (Name) -Ave. I Ver 1lOI1 J fA- I q0058 , Phone# ID-~~-4s# SA-ME AS /}eO\J~ (Name) Mailing address: Phone# Relationship to Owner(s): 0 Engineer 0 Contractor 0 Attorney 0 Purchaser '0 Lessee : Written consent of ovvner(s) must be attached. Present use of property: DFF I c.e / W4R6-+1 o lAse Present Zoning: M- ~N c; Proposed use of property: ~ R€ #01) se How long has owner(s) held title to this property?--l ~Ol'\~ Are there any easements controlling the use of this property? 0 Yestzr'No If yes, describe Expiration date: Page 1 of3 /I. " , ~ " . .... Are there any private or deed restrictions controlling the use of this property? 0 Yes "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: P-LS. ,5 E [. A4i" A Cft8) " 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 viciD.ity and zone: us , 5t:<;; At-=rAC~ (A) 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: ~s . 5EG A~e1) (tV 3. That the special conditions and circumstances do not result from actions ofthe applicant: ~LS .' S€G A n -A C4 ~1) (A ') , Page 2 of3 .. \. ~ , '. v 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: 1{s. S6G ATIA C~E<D (b) . 5: That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: ~LS SEe .A QA C44 ED ( ~) . NOTE: Non-conforming use of neighboring lands, structures, or buildings shall not be consid~red grounds for the issuance of a 'variance. Are the required site and design plot plans showing the area covered inlhe legal description and all existing and proposed improvements attached? -i/J Yes 0 No Are the required three (3) area maps attached? t Yes 0 No Is there a certified list attached of names and mailing addresses of all propeIJy owners within 300' of the exterior boundaries of the property in this application? r/'Yes 0 No Is the required fee enclosed? i Yes 0 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: Date: f'jo f/ o;r Page 3 of3 .., SUBJECT: 4333 S. MA YWOOD AVE 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 ofVemon Municipal Code requiring truck parkinglloading space be a minimum of 65'-0" in length, herein request is a variance for an existing 32'-6"L truck parkinglloading space for an existing textile manufacturing facility. VARIANCE FINDINGS: 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 subject lot is an approximately 29,621 square foot trapezoidal shape lot on the west side of Maywood Ave. The lot is relatively small for its intended use and in comparison to other lots in the area due to its shape. The existing structure on the site takes on the shape of the lot, with the exception of a small parking area to the north and some loading area in the front of the property. Due to the shape of the structure, location of the truck loading in the front of the building was the most feasible. These circumstances do 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 shape and size of the existing lot and circumstance of the existing building, requiring the truck/parking loading would substantially deprive the applicant of rights enjoyed by other properties in the same vicinity, but denied to the subject. 3. 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. 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: (fA.) ~ 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 will not be disruptive to traffic and circulation in the area. Page 2 (b ) '.. . ~ .." i . -. """;'". ..........................,.....::..........-. . :..-. .': ..' -;'. ..' ~:. " " '. .:. ~ '. ,,: ":<. '.: . ......", .;.' '. The undersigned has duly j>repared the attached "Property Owners List", The list includes, all of the names, and respective ~dresses, of persons being owners of property any part of which is within 3()O feet of the outer boundaries of the subject property, This information is to be obtained frQm the latest available Los Angeles County Tax Assessment Roll. This lis~ was prepared on Aug 1 0, 2005 from the Tax Roll maintained m Los Angles County Assessor Office East District (Name and Location of office) , 1190 Durfee Ave, SouthEl Monte, CA 91733 It is understood that the accuracy and completeness of this list is the responsibility of the applicant. L7 FLE THIS COPY TO: COY OF VERNON 4305 SANTA FE AVE VERNON CA 90058 ed: <:~, REMOVE THIS lABEL PRIOR TO FlUNG On this 12th day of Augus t ~'O 5 , before me the undersigned, a Notary Public in and for said County and State personally appeared stanley Szeto known to me, or proven to me to be the person that executed the within instrument, WI1NESS my hand and offiCial seal SUBJECT: 4333 S MAYWOOD AVE VERNON CA 90058 Af!t 6304-021,019 Notary Public in and for said County and State My commission expires: 4/.2J1/ ~ojL Signed.~~.~. 7 (Applicant) I.......................................~.......... MICHAEL CHU _ 'commission # 1516172f ~ . .. " Notary Public. California ~ Los Angeles Counly - My Comm. Expires Sap 28.2008 Page 4 of 7 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern WM. "BILL" DAVIS , Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 SHARONL.DUCKWORTH Acting City Treasurer October 6, 2005 Interested parties or property owners: Enclosed herewith for your information is a Notice of Public Hearing to consider an application for variance for the property located at 4333 Maywood Avenue in the City of Vemon. The applicant, Good Design, Inc. is requesting a variance from Section 26.4.2-8(c), Development Standards, of the Comprehensive Zoning Ordinance to allow the use of one non-conforming truck-loading space. A variance is requested to utilize this loading space with the condition that the loading space 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 October 19, 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, ~~J?- ./ Samuel KeVIn Wtlson, P.E. Director of Community Services & Water t~tlU$ivdll inbu$tdal City of Vernon 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. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Wednesday, October 19, 2005 at 5:00 p.m. Applicant: Good Design, 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 one non- conforming truck-loading space. Property Involved: 4333 Maywood Avenue (See reverse side) Review of the file: The application, maps, and supportin~ information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of7:15 a.m. and 5:15 p.rn. 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. ~ Date: October 6, 2005 I BR . MALKENHORST JR. Acting 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 6th day of October, 2005, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on October 19,2005, (see attached copy) regarding a variance application for Good Design, Inc. located at 4333 Maywood Avenue in the City of Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance to utilize one non-conforming truck loading space. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leon is Boulevard and Pacific Boulevard; and on the bulletin board outside 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. /" ' /J., .. Date: October 6 2005 /' -- ~ &:-"/- anales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On tJtJolwJ & r UJo5 before me, ~!tt Glr~ ,Notary Public, personally appeared Sergio Canales, personally known to me (or known to me on the basis of satisfaetory ty:idence) 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 ....... l~MANu8Arn~ =<. Commission. 1328374 ! Notary Public - Califomia ~ los Angeles County ~ MyCorrvn. Expires NOV4, 2005 AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the COriununity Services Department in the position of Engineering Aide. 2. That on October 6, 2005 I mailed a copy of Notice of Public Hearing to be held on October 19,2005 along with the attached letter regarding a variance application for Good Design, Inc. located at 4333 Maywood Avenue in the City ofVemon to utilize one non-conforming truck loading space, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. Date: October 6. 2005 Sign: ~~ / ' STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF VERNON On tJdob-w ~f HJlJ~ ) ) ss. ) before me, jv{1l~e(d G (r~ , Notary Public, personally appeared Sergio Canales, personally known to me (or knOWfl to me OR the basis of satisfae-tory 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. ITNESS my hand and official seal .... i--"" ~ -. ~ ~ -.....,"-"~ - -. -. -. J ~ MANUELAGIRON Commission. 1328374 ~ . Notary Public - California ~ z _ j Los Angeles County f My Comm, Expires Nov 4.2005 -------------------