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Resolution No. 90431 RESOLUTION NO. 9043 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO 3 GREAT AMERICAN PACKAGING, INC. FROM SECTION 26.4.6-4(b) OF THE 4 COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4361 SOTO STREET IN 5 THE CITY OF VERNON 6 WHEREAS, Great American Packaging, Inc. (hereinafter 7 referred to as "Great American") is a manufacturer of plastic 8 bags located at 4361 Soto Street in the City of Vernon; and 9 WHEREAS, Great American is requesting a variance from 10 Section 26.4.E-4(b) of the Comprehensive Zoning Ordinance; and 11 WHEREAS, 4361 Soto Street is located in the M-Zone, 12 General Industrial and the operation is consistent with the 13 objectives of the General Plan and Comprehensive Zoning 14 Ordinance; and 15 WHEREAS, Great American is proposing to build a single 16 story addition ("ink -room") that will be used exclusively for 17 storage of ink and AQMD required equipment/oxidizers and is 18 approximately 199 square feet located at 4361 Soto Street; and 19 WHEREAS, Section 26.4.E-4(b) states that where 20 insufficient space exists on the lot or parcel for compliance 21 with the off-street parking and access requirement of this 22 chapter, compliance shall occur at the time of any expansion or 23 structural alteration of the building, buildings, or within 24 forty years of the adoption of Ordinance No. 801, Off-street 25 parking and loading ordinance, adopted on August 19, 1969, 26 whichever occurs first; and 27 28 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, given the physical conditions of the property/parking layout, strict compliance with Section 26.4.6- 4(b) would force Great American to demolish portions of its existing facility in order to provide additional required automobile parking thus creating an unreasonable hardship; and WHEREAS, Section 26.5.1 permits the City Council to grant variances from the Comprehensive Zoning Ordinance; and WHEREAS, a variance from this section is required before Great American can expand their existing building located at 4361 Soto Street; and WHEREAS, the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties but will allow Great American to enhance and improve their manufacturing process at their existing facility; and WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for manufacturing and warehousing; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301; and -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 City Council has received a Staff Report dated May 11, 2006, 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 May 24, 2006; 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: Section 26.4.E-4(b) of the Zoning Ordinance provides, in part, that where insufficient space exists on the lot or parcel for compliance with the off-street parking and access requirement of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building, buildings, or within forty years of the adoption of Ordinance No. 801, Off-street parking and loading ordinance, adopted on August 19, 1969, whichever occurs first unless a variance is granted. SECTION 3: The variance from the requirement of Section 26.4.E-4(b) is 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. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. IWIC 1 c) This variance shall automatically expire at the time 2 of any additional expansion or structural alteration 3 of the building. It is the intent of the City Council 4 that said parking, access or loading area(s) be 5 treated in the same manner as a legal nonconforming 6 use subject to Section 26.4.6-4(b). 7 d) All parking and loading areas necessary for Great 8 American operations shall be striped in an acceptable 9 manner to the Director of Community Services & Water 10 and shall be paved with a hard durable surface 11 material and shall be adequately drained, and kept 12 free of dust, mud, trash and weeds. Where parking or 13 maneuvering areas adjoin the public street, a barrier 14 wall or landscaping shall be maintained to meet City 15 standards. Adequate on -site parking shall be 16 maintained so that no on street parking or staging 17 will occur. 18 e) The project site shall be maintained substantially in 19 compliance with the site plan submitted, as part of 20 this variance application. 21 f) Noncompliance with any condition shall constitute 22 sufficient grounds for the City Council of the City of 23 Vernon to void this variance and require Great 24 American to comply with the automobile parking 25 requirements of the Comprehensive Zoning Ordinance. 26 27 / 28 -4- 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 24th day of May, 2006 ATTEST:I S C. MALBURG, Mayor KENHORST JR., Acting City Clerk -5- STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9043 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, May 24, 2006 and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE f MA NHORST JR., Acting City Clerk (SEAL) -6- SUPPORTING DOCUMENTS STAFF REPORT GREAT AMERICAN PACKAGING, INC. 4361 SOTO STREET VARIANCE APPLICATION May 11, 2006 Great American Packaging, Inc. (hereinafter referred to as "Great American") has requested a variance from Section 26.4.6-4(b) of the Comprehensive Zoning Ordinance. BACKGROUND Great American owns the property at 4361 Soto Street, which is currently being used for manufacturing. The property is situated in the M-Zone, General Industrial. The site was developed in 1979 for warehousing and continued to be used for the same purpose until 1996 when Great American purchased the property. Great American manufacturer's plastic bags at this location which are sold to companies throughout the United States. Great American is requesting that it be allowed to construct a single story addition (hereinafter referred to as "ink -room") to its 39,850 square foot building and exclude it from the calculation of the automobile -parking and loading requirements. The ink -room will be used exclusively for storage of ink and AQMD required equipment/oxidizers. The ink will be used for printing on the bags manufactured on site. The room is approximately 199 square feet in size. The new addition is being constructed on the northwest corner of the existing building, in a location where, due to the parking layout, parking could not be placed. Due to limited space inside the existing building this equipment is too large to fit -1- inside the existing building, and therefore, Great American is requesting that ink -room be built in an unusable area of the property. As previously mentioned, the existing structure was built in 1979 as a warehouse with sufficient parking per the current regulation at that time. Due to the space constraints within the existing facility, shape of the property and parking layout the current parking requirements would force Great American to remodel portions of its existing facility in order to meet the current parking and loading requirements. Great American is requesting a variance from the requirements of Section 26.4.E-4(b) at this time allowing for the continued use of the nonconforming parking and loading spaces in spite of the building being slightly expanded by 199 square feet. 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 26.4.6-4(b) states that where insufficient space exists on the lot or parcel for compliance with the off-street parking and access requirement of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building, buildings, or within forty years of the adoption of Ordinance No. 801, Off-street parking and loading ordinance, adopted on August 19, 1969, whichever occurs first. Therefore, Great American seeks a variance from section 26.4.6-4(b). -2- Section 26.4.2-6 of the Vernon City Code (VCC), which contains the City's automobile parking requirements, states: Adequate off-street parking and loading spaces shall be provided for each use, development or property, or for each building, to accommodate all automobiles or similar vehicles of the officers, employees, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building. To meet the intent of this section, the minimum parking space requirements for certain uses and buildings are declared to be as follows.... The City's parking requirements are based, in part, on the type of use to which the building is being put. Industrial and manufacturing uses, warehouses, wholesale uses, public facilities and similar uses require one space per 1,000 square feet of gross floor area for automobiles. General offices and similar uses require one space per 500 square feet of gross floor area for automobiles. Floor area is defined as "the total of all floors contained within the exterior walls of all buildings measured by the exterior dimensions of the building, on a lot or parcel of land." VCC 26.2.6. The 199 square foot addition would result in the need of one fifth of an automobile parking stall, which is a negligible increase. Great American is requesting that it not be required to bring the building into conformity with the current parking and loading requirements and is seeking a variance from Section 26.4.2-8(c). The ink -room being constructed is being placed in a location where, due to the parking layout, parking spaces could not be placed where the building -3- will be constructed. 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. Since the building addition is being placed at a location where it is not possible to park or load, there is no impacts to neighboring properties and therefore is consistent with the objectives of the Comprehensive Zoning Ordinance and General Plan. Therefore, strict application of the parking and loading requirements of the ordinance would cause an unreasonable hardship to the applicant at this time. The building on the site is preexisting and has not been vacant for a continuous period of more than one year. Upon approval of this variance the site will maintain its legal non -conforming status and is only required to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance not otherwise addressed by a grant of a variance at this time. PARKING ANALYSIS According to Section 26.4.6-4(b), where insufficient space exists on the lot or parcel for compliance with the off-street parking and access requirements of this chapter, compliance shall occur at the time of expansion or structural alteration of the building or buildings, or within forty (40) years of the addition of Ordinance No. 801, Off-street parking and loading Ordinance, adopted on August 19, 1969, whichever occurs first. A -4- variance from off-street parking 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. 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, Class l(e), of the California Environmental Quality Act ("CEQA"). Therefore, a Notice of Exemption will be prepared and filed with the County Clerks office. 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. 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 additional expansion or structural alteration of the building. 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 -5- nonconforming use subject to Section 26.4.6-4(b). d) All parking and loading areas necessary for Great American 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) Noncompliance with any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require Great American to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. n Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon CA 90058 3 ( 23) 583-8811 '_ En'ts -1, +'siia i , v. s6b 'niit!. ' _ ; ; v , 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):_ Chinley and Baker Tract 1.25 acs com at intersection of W line of Soto Street with S line of Lot 5LS1547THS on Rn WT 1 i„e 101 -"' ""• — -n 0 88 4u• W 237.47 ft .. see m on Lot 4. a book for missi General location (give street address): 4361 S Soto St., Vernon, CA 90058 Name ofApplicant(s): Great American Packa in Inc. (Print or Type name of business) Mailing address: 4361 S. Soto St., Vernon, CA 90058 Phone#_ (323) 582-2247 Record Owner(s) of property: Gregory L and Marlene H Gurewitz, Trust Agreement Mailing address: 4361 S. Soto St. Vernon, CA 90058 date 2/23/2000 Phone# (3�58Z=22247Z Property Owner(s) representative: Greg Qurewitg Mailing address: 4361 S Soto. St. , Vernon, CA 90058 (Name)-- Phone#_(323) 582 2247 Relationship to Owner(s): 0 Engineer ❑ Contractor ❑ Attorney ❑ Purchaser ❑ Lessee Written consent of owner(s) must be attached. Present use of property: MfR of Plastic Baas Present Zoning: d1'I Proposed use of property: Manufacturer of Plastic Bags How long has owners) held title to this property? 10 Years Are there any easements controlling the use of this property? ❑ y� If yes, describe a No Expiration date: Page 1 of 3 Are there any private or deed restrictions controlling the use of this property? ❑ yes :0 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: New ;.1. FT2 Addition wired /oxidizers, Existins parking stalls to remain as is in quantity and width (8 Feet Wide) 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: Rx g ing, gtr+,crure Wa built in 1979 a_s a warehouse with sufficient parking per current regulations at that time. New storage room does not impact current parking layout, because of the shape of the property and building layout_ The new storage room is designed to only store inks for existing equipment. 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: In this industrial aretany chan a in arkin re ulations rodu:es impact on multiple older structures currently used by manufacturing companies. We do not attempt to use our nrnnpyty any differently than before or in any other way than the rest of local manufacturers. 3. That the special conditions and circumstances do not result from actions of the applicant: This RroRerty was-mtrchased in 1996 and was used as a manufacturing facility with a licable permits. With the proposed addition (194 FT ) the circumstances of property use do not change in any way. 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: _facility is currently operating with valid Permit. The parking layout is com liant with older regulations. The variance requested is to allow operation of h f lit with exactly the same Parking arrangement as it exists now. There is more than sufficient parking for employees and guests 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: The narking la out variane reauesta usage of the prop-erty and parking in exactly the same manner as it is being used currently. There are no adverse effects on com rhensive general Plan. 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? E Yes ❑ No Are the required three (3) area maps attached? ® Yes ❑ No Is there a certified list attached of names and mailing addresses of all property owners within 300' of the exterior boundaries of the property in this application? V Yes ❑ No Is the required fee enclosed? Z Yes ❑ No Make check or money order payable to the City of Vernon. I declare under penalty of perjury that to the be of my knowledge and belief the foregoing is true, complete, and accurate. ) or owner(s) Page 3 of 3 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, May 24, 2006 at 5:00 p.m. Applicant: Great American Packaging, 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 26.4.6-4(b), Development Standards of the Comprehensive Zoning Ordinance., Property Involved: 4361 Soto 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 �p a stated time and place without further notice of a public hearing. �� Date: May 10, 2006 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, May 24, 2006 at 5:00 p.m. Applicant: Great American Packaging, 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.E-4(b), Development Standards of the Comprehensive Zoning Ordinance. Property Involved: 4361 Soto 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 a stated time and place without further notice of a public hearing. / Date:_ May 10, 2006 9 JR. I' "W- CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 May 10, 2006 Interested parties or property owners: SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Enclosed herewith for your information is a Notice of Public Hearing to consider an application for a variance for the property located at 4361 Soto Street in the City of Vernon. The applicant, Great American Packaging, Inc has submitted a complete application for a variance from Section 26.4.6-4(b) of the Comprehensive Zoning Ordinance. Great American Packaging, Inc. is requesting that it be allowed to construct a single story addition (hereinafter referred to as "ink - room") to its 39,850 square foot building and exclude it from the calculation of the automobile - parking and loading requirements. The ink -room will be used exclusively for storage of ink and AQMD required equipment/oxidizers. The ink will be used for printing on the bags manufactured on site. The room is approximately 199 square feet in size. The new addition is being constructed on the northwest corner of the existing building, in a location where, due to the parking layout, parking could not be placed. Due to limited space inside the existing building this equipment is too large to fit inside the existing building, and therefore, Great American Packaging, Inc. is requesting that ink - room be built in an unusable area of the property. Therefore, Great American Packaging, Inc. seeks a variance from Section 26.4.6-4(b). This site is located in the M-Zone. 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 May 24, 2006 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 our Kevin ilson, P.E. Director of Community Services & Water T'Nel dodo lhlbugwal 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 I O h day of May, 2006, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on May 24, 2006, (see attached copy) regarding a variance application for Great American Packaging, Inc. located at 4361 Soto Street in the City of Vernon from Section 26.4.6-4(b) of the Comprehensive Zoning Ordinance. One in each of the following places to wit: At the northwest comer of 38th Street and Santa Fe Avenue; the northeast corner of Leonis 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: Canales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On od IZ, eQ6 before me, A(A"et'.'#'f 6-7 /nT7 _,Notary Public, personally *peared Sergio Canales, personally known to me (or- known to fne en the basis of satisfaeter-y 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. WIrTNESS my hand and official seal 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 10, 2006 I mailed a copy of Notice of Public Hearing to be held on May 24, 2006 along with the attached letter regarding a variance application for Great American Packaging, Inc. located at 4361 Soto Street in the City of Vernon requesting that it be allowed to construct a single story addition ("ink -room") to its 39,850 square foot building and exclude it from the calculation of the automobile -parking and loading requirements. The ink -room will be used exclusively for storage of ink and AQMD required equipment/oxidizers. The ink will be used for printing on the bags manufactured on site. The room is approximately 199 square feet in size. The new addition is being constructed on the northwest corner of the existing building, in a location where, due to the parking layout, parking could not be placed. Due to limited space inside the existing building this equipment is too large to fit inside the existing building, and therefore, Great American Packaging, Inc. is requesting that ink -room be built in an unusable area of the property, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. Date: STATE OF CALIFORNIA �) COUNTY OF LOS ANGELES ) ss. CITY VERNON ) On before me, Pmzietlo /M , Notary Public, persona y appeared Sergio Canales, personally known to me basis of safisfaeter-y 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 MAMMA comnwrNar► #►181 i lea UN Ang" Cow MY Comm. EVUee Nov 4.2004