Resolution No. 94381
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RESOLUTION NO. 9438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DENYING AN APPEAL BY FCI CONSTRUCTORS, INC.
SOUTHERN DIVISION AND J TOP GROUP LLC CONCERNING
PERMITTED USE IN C-M ZONE OF A CONSTRUCTION YARD AT
2626 SANTA FE AVENUE
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
JCalifornia; and
WHEREAS, it is within the City's police power to regulate
the use of buildings, structures, and land as between industry,
business, and residences; and
WHEREAS, all cities in the State of California have been
granted the power from the State Legislature, pursuant to the Planning
and Zoning Law contained in Government Code Sections 65000, et seq. to
regulate zoning and land use within their jurisdiction; and
WHEREAS, it is also within the City's power to classify,
exclude, restrict and limit what a landowner may do with his or her
property, subject to appropriate constitutional constraints; and
WHEREAS, the City Council of the City of Vernon (the "City
Council") by adoption of Ordinance No. 982 on April 18, 1989 and
Ordinance No. 973 on May 2, 1989, enacted the Comprehensive Zoning
Ordinance, which is codified as Chapter 26 of the Vernon City Code; and
WHEREAS, according to Section 26.3.1, the City is divided
linto five zones: M-General Industry, M-2-Heavy Industry, C-M-
(Commercial/Industrial, S-Slaughtering Overlay District and R-Rendering
Overlay District; and
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WHEREAS, a "zone" is defined as "a section of the city to
which regulations governing the height, area, use, size of buildings
and structures, and other uniform regulations apply" (VCC § 26.2.19);
Hand
and
WHEREAS, "use" is defined as the purpose for which a lot or
building is arranged, designed, or intended or for which it is or may
be occupied or maintained (VCC § 26.1.17); and
WHEREAS, the C-M Zone is intended to provide an appropriate
location for those commercial, service, and business operations which
are necessary to support industrial operations and which, by their
nature, do not generate excessive traffic or other external effects
inappropriate for an industrial area (VCC §26.3.7-1); and
WHEREAS, the regulation of uses and standards of development
set forth in the C-M Zone are those deemed necessary to promote the
orderly operation and efficient functioning of the Zone (VCC §26.3.7-
1) ; and
WHEREAS, Santa Fe Avenue serves as the commercial zone of the
City and should be maintained in an attractive and inviting condition;
land
WHEREAS, the property in question is a 25,700 square foot
parcel located at 2626 South Santa Fe Avenue which is unpaved and
located in the Commercial Industrial (C-M) Zone (the "Property"); and
WHEREAS, the Property is presently owned by J. Top Group, LLC
("J. Top") and J. Top desires to lease the Property to FCI
Constructors, Inc. Southern Division ("FCI"); and
WHEREAS, FCI has proposed to utilize the Property for
approximately 18 months for a construction lay down yard in support of
a Caltrans project on Interstate 5 and will use the yard to stockpile
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material for producing concrete, including rock, sand, and cement (in
self-contained silos), and storage of mobile batch plants when not in
use, a loader, storage lock -ups (conex boxes), traffic control
equipment, trailers with concrete drills, towable light plants, and
towable air -compressors; and
WHEREAS, FCI contends that its use in and out of the Property
would be minimal and primarily at night; and
WHEREAS, the City's General Plan, specifically Policy 1.1 of
the Land Use Element of the General Plan, establishes goals and
policies for the City that provide for location of activities that
support manufacturing (e.g., warehousing and transportation -related
uses) in areas that do not interfere with space for manufacturing
operations; and
WHEREAS, the Director of Community Services & Water has
Idetermined that:
• The J. Top desires to lease a 25,700 square foot parcel
of the Property to FCI for use as a construction yard;
• The Property is in the C-M Zone;
• FCI's proposed use of the Property as a construction
yard is not permitted under Section 26.3.7-4(a) of the
Vernon City Code which states "All activities and
operations shall be conducted within a completely
enclosed building except for required parking and
loading areas" and the outdoor storage proposed by FCI
contradicts this code requirement.
• FCI's proposed use of the Property as a construction
yard is not permitted under Section 26.4.2-8(h) of the
Vernon City Code which states, in part, "All parking and
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loading facilities shall be paved with a hard, durable
surface material and shall adequately drain...." and the
Property is currently unpaved and cannot be utilized as
a parking lot until such time as it is paved with either
a concrete or asphalt surface; and
WHEREAS, by letter dated July 31, 2007, FCI requested that
the City permit the use of the Property as a construction lay down yard
as its use would fall under "Industry;" and
WHEREAS, by letter dated August 6, 2007, the Director of
Community Services & Water advised FCI that the use of the Property was
not a permitted use per Section 26.3.7-4(a) of the Vernon City Code;
land
WHEREAS, by letter dated August 9, 2007, J. Top requested
reconsideration of the decision of the Director of Community Services &
Water not to allow J. Top to lease the Property to FCI and requested
the City to consider the situation a variance; and
WHEREAS, J. Top was sent a letter dated August 21, 2007
confirming the findings of the Director of Community Services & Water
that the proposed use of the Property as a construction yard was in
violation of Section 26.3.7-4 of the Vernon City Code; and
WHEREAS, by letter dated September 13, 2007, FCI advised the
(City that it wanted to appeal the determination of the Director of
Community Services & Water in accordance with Section 26.5.4-5 of the
Vernon City Code; and
WHEREAS, by letter dated September 17, 2007, J. Top advised
the City that it wanted to appeal the determination of the Director of
Community Services & Water in accordance with Section 26.5.4-5 of the
Vernon City Code; and
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WHEREAS, by letter dated September 24, 2007, the City
notified J. Top and FCI that the appeal would be considered by the City
Council on October 1, 2007; and
WHEREAS, the October 1, 2007 meeting of the City Council was
adjourned to October 2, 2007; and
WHEREAS, at a regular adjourned meeting of the City Council
on October 2, 2007, the City Council heard the appeals of J. Top and
FCI; and
WHEREAS, the City Council has considered the following: the
testimony presented on behalf of J. Top, the owner of the Property, the
testimony presented on behalf of FCI, the proposed renter of the
Property, the staff report and supporting documentation submitted by
the Director of Community Services & Water prior to the appeal hearing;
the correspondence dated September 13, 2007 and September 17, 2007; and
WHEREAS, the appeal hearing was closed during said meeting
and the matter was submitted to the City Council for decision; and
WHEREAS, the evidence presented in this matter supports the
following findings:
1. The construction lay down yard is not permitted in the
C-M Zone.
2. The Property is located in the C-M Zone.
3. A variance is not granted.
4. The Director of Community Services & Water's
determination was correct.
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 hereinabove are true
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and correct.
SECTION 2: Upon reconsideration of this matter, the City
Council hereby reaffirms the determination made by the Director of
Community Services & Water and denies the appeal of FCI and J. Top.
SECTION 3: The Staff Report dated on or about September 24,
2007, as well as other documents in the Department of Community
Services & Water's file relating to the operation of the Property in
Vernon are hereby made a part of the record in this case. The Staff
Report is attached hereto as Exhibit A and incorporated by reference.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a copy of this
Resolution by certified mail, return receipt requested to:
Thomas E. Tischer, P.E.
Project Manager
FCI Constructors, Inc.
2585 Business Park Drive
Vista CA 92081
Jae Soo Aoh
J. Top Group, LLC
2626 Santa Fe Avenue
Vernon, CA 90058
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SECTION 5: 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 15th day of October, 2007.
Leo is C. Malburg
Name:
Title: Mayor /
AT EST:
MANUELA GIRO ity Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9438, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 15, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
MANUELA G ON, City Clerk
(SEAL)
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EXHIBIT
STAFF REPORT
FCI CONSTRUCTORS, INC.'s AND
J. TOP GROUP, LLC's APPEAL
FCI Constructors, Inc., and J. Top Group, LLC have appealed the determination of the Director of
Community Services that the use of the property at 2626 South Santa Fe Avenue may not be used as a
construction yard.
FCI Constructors, Inc. has proposed to utilize the subject property, owned by J. Top Group LLC,
for a construction yard. Specifically, as outlined in its September 13, 2007 letter, FCI Constructors, Inc.,
proposes to rent the 25,700 square foot parcel for a construction lay down yard in support of a Caltrans
project on Interstate 5. FCI Constructors, Inc. will utilize the yard to stockpile material for producing
concrete, including rock, sand, and cement (in self-contained silos). Other items to be stored include a
loader, storage lock -ups (conex boxes), traffic control equipment, trailers with concrete drills, towable
light plants, and towable air compressors. The use of the property would be for a period of approximately
18 months.
The subject property is unpaved and located in the Commercial Industrial (C-M) zone. The
Commercial -Industrial zone is intended to provide an appropriate location for those commercial, service,
and business operations which are necessary to support industrial operations and which, by their nature,
do not generate excessive traffic or other external effects inappropriate for an industrial area. Santa Fe
Avenue serves as the commercial zone of the City of Vernon and therefore should be maintained in an
attractive and inviting condition.
Specifically Section 26.3.7-4(a) of the Comprehensive Zoning Ordinance, Commercial
Development, Activities states, "All activities and operations shall be conducted within a completely
enclosed building except for required parking and loading areas." The outdoor storage proposed by FCI
Constructors, Inc. contradicts this code requirement and therefore it is not permitted.
In addition, Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, states in part, "All
parking and loading facilities shall be paved with a hard, durable surface material and shall adequately
drain..." The subject lot is currently unpaved and therefore cannot be utilized as a parking lot until such
time as it is paved with either a concrete or asphalt surface.
Based on these factors the Director of Community Services has determined that the property
located at 2626 Santa Fe Avenue may not be utilized as a construction yard. It is recommended that the
City Council uphold this determination.
SUPPORTING
DOCUMENTS
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Water
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
September 24, 2007
Honorable City Council
4305 Santa Fe Avenue
Vernon, California 90058
Dear Honorable Mayor and City Councilmen:
OCT 0 2 '07 CITY COUNCIL
z-1
CITY CLERK DISTRIBUTION
i d •- j J DI E
aJi4cl.
FCI Constructors, Inc. and J. Top Group LLC have appealed the Director of Community
Services' determination that the proposed use of the property located at 2626 Santa Fe Avenue, as a
construction yard is not permitted.
In accordance with Section 26.5.4-5 the City Council shall hear any appeals from any action or
decision of the Director of Community Services.
Enclosed herewith are the following:
I ) FCI Constructors, Inc.'s written appeal dated September 13, 2007;
2) David D. Won's written appeal on behalf of J. Top Group, LLCs dated September 17,
2007, and;
3) Staff Report.
Based on the facts discussed in the City Staff Report it is recommended that the appeal to utilize
the property located at 2626 Santa Fe Avenue as a construction yard be denied.
Respectfu s mitted,
Sa uel Kevin Wilson, P.E.
Director of Community Services & Water
SKW/ca
Enclosures
Eric Fresch
Jeff Harrison
Exc(usivefy Industrial
F C I
CONSTRUCTORS, INC.
SOUTHERN DIVISION
September 13, 2007
City Of Vernon
4305 Santa Fe Ave
Vernon, CA 90058
SEP 2 4 2007
Community Services
Attn: Mr. Kevin Wilson
Director of Community Services and Water
Reference: PCC Replacement Job Route 5/10/60/101 Separation
Caltrans Contract Number 07-193104
Subject: Rental Land —2626 S. Santa Fe Ave — City Council Appeal
Dear Mr. Wilson:
FCI CONSTRUCTORS, INC.
SOUTHERN DIVISION
2585 BUSINESS PARK DRIVE VISTA, CALIFORNIA 92081
TELEPHONE:760-727.9767 / FAX: 760-727.9892
W W W. FLATIRONCO RP.COM
FCI Constructors has had recent correspondence with Mr. Jae Soo Aoh and the City of Vernon regarding renting an
approximately 25,700 square foot lot that he owns at 2626 S. Santa Fe Ave. FCI is interested in renting the property
as a construction lay down yard in support of a Caltrans project on I-5. The area FCI is interested in is already graded
with gravel. The property is zoned C-M, Commercial/Industrial. FCI's use would fall under "Industry." FCI would
be utilizing the yard to stockpile material for producing concrete, including rock, sand, and cement (in self contained
silos). The concrete is batched on the freeway in our fleet of mobile batch plants, which would also be stored on the
lot when not in use. Other items to be stored include a loader, storage lock ups (conex boxes), traffic control
equipment, trailers with concrete drills, tow able light plants, tow able air compressors. Our use in and out of the yard
is minimal and primarily at night. FCI needs the above property exclusively to support a Caltrans freeway
improvement project on Interstate 5, Caltrans Contract Number 07-193104. The use would be temporary, for
approximately eighteen months.
Based on correspondence with the City of Vernon, FCI's use is not permitted. However, pursuant to section 26.5.4-5,
"Appeals" of the City of Vernon Zoning Ordinance, "The City Council shall hear any appeals from any action or
decision of the Director of Community Services. Appeals shall be made in writing and the appellant may appear in
person before the City Council or represented by an attorney and may introduce evidence to support his claim.
Appeals shall be heard at reasonable times at the convenience of the City Council, but not later than thirty (30) days
after the receipt thereof. The appellant shall cause to be made at his own expense any investigation or research
required by the City Council to substantiate his claim."
Therefore, FCI requests that a date be scheduled for FCI and Mr. Jae Soo Aoh to appear before the City Council to
appeal for the use of the property for the above referenced Caltrans project. FCI requests that this meeting be set up as
early as is convenient for the City Council and the Director of Community Services.
FCI needs to move onto the property as soon as possible and therefore appreciates your assistance in helping FCI to
begin the appeals process. If you have any questions or comments regarding this matter please do not hesitate to
contact us at (619) 520-9727.
Sincerely,
Thomas E. Tischer, P.E.
Project Manager
FCI CONSTRUCTORS, INC.
CITY OF VERNON 3037-0002 2626 S. SANTA FE.DOC
AN EQUAL OPPORTUNITY EMPLOYER
LAW OFFICES OF
. WON
3600 WILSHIRE l3f4rDiMUITE'-1t�1 0, LOS ANGELES, CALIFORNIA 90010-2618
David D. Won�P 111
Telephone: (213)738-7337
Ho El Park* Facsimile: (213)738-7322
Associate Counsel:
David Brand Comr�uni�y ���\����` Info@wonlawgroup.com
Mail Box:
wonlawgroup.com
Ashod Shamilian
* Also member of
New York and New Jersey Bars
September 17, 2007
(Pacific Standard Time)
VIA FAX. (323) 826-1435AND
VIA U.S. FIRST CLASS MAIL
Mr. Samuel Kevin Wilson, P.E.
Director of Community Services & Water
Community Service & Water Department
4305 Santa Fe Avenue
Vernon, CA 90058
RE: APPEAL OF YOUR DECISION DATED AUGUST 21 2007
PARKING LOT LEASE TO FCI CONSTRUCTORS
PREMISES: 2626 SANTA FE AVENUE, VERNON CA
OUR CLIENTS: J. TOP GROUP, LLC (MR. JAE SOO AOH)
Dear Mr. Wilson:
As you know, this office represents J.Top Group, LLC in connection with the
above -referenced matter. Thank you for your letter dated August 21, 2007 (the "Letter")
addressed to Mr. David Won, Esq. of our office, which we believe is the decision of the City not to
allow our client to lease his property to FCI Constructors, Inc.
At this point, our client would like to appeal your decision reflected in the Letter. Our
client has given us a copy of the relevant city code relating to appeals on or about September 14,
2007 which he received from you by fax on or about September 11, 2007.
Accordingly, per City Code Section 26.5.4-5, our client would like to appeal your decision
dated August 21, 2007. Therefore, please give us a date when the City Council can hear our
appeal of your decision at your earliest convenience. In the meantime, should there be a change
in the decision of August 21, 2007, please notify us immediately.
Should you have any questions, please feel free to contact us. Thank you in advance for
your anticipated cooperation in this matter.
Very truly yours,
Law Offices of David D. Won
6
Ho-El Par�sq.
HP/vmj
cc: Client
Thomas E. Tischer, P.E. of FCI Constructors, Inc.
LAM 05044 \ 137110 \ 070917 JTOP-CITY
STAFF REPORT
FCI CONSTRUCTORS, INC.'s AND
J. TOP GROUP, LLC's APPEAL
FCI Constructors, Inc., and J. Top Group, LLC have appealed the determination of the Director of
Community Services that the use of the property at 2626 South Santa Fe Avenue may not be used as a
construction yard.
FCI Constructors, Inc. has proposed to utilize the subject property, owned by J. Top Group LLC,
for a construction yard. Specifically, as outlined in its September 13, 2007 letter, FCI Constructors, Inc.,
proposes to rent the 25,700 square foot parcel for a construction lay down yard in support of a Caltrans
project on Interstate 5. FCI Constructors, Inc. will utilize the yard to stockpile material for producing
concrete, including rock, sand, and cement (in self-contained silos). Other items to be stored include a
loader, storage lock -ups (conex boxes), traffic control equipment, trailers with concrete drills, towable
light plants, and towable air compressors. The use of the property would be for a period of approximately
18 months.
The subject property is unpaved and located in the Commercial Industrial (C-M) zone. The
Commercial -Industrial zone is intended to provide an appropriate location for those commercial, service,
and business operations which are necessary to support industrial operations and which, by their nature,
do not generate excessive traffic or other external effects inappropriate for an industrial area. Santa Fe
Avenue serves as the commercial zone of the City of Vernon and therefore should be maintained in an
attractive and inviting condition.
Specifically Section 26.3.7-4(a) of the Comprehensive Zoning Ordinance, Commercial
Development, Activities states, "All activities and operations shall be conducted within a completely
enclosed building except for required parking and loading areas." The outdoor storage proposed by FCI
Constructors, Inc. contradicts this code requirement and therefore it is not permitted.
In addition, Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, states in part, "All
parking and loading facilities shall be paved with a hard, durable surface material and shall adequately
drain..." The subject lot is currently unpaved and therefore cannot be utilized as a parking lot until such
time as it is paved with either a concrete or asphalt surface.
Based on these factors the Director of Community Services has determined that the property
located at 2626 Santa Fe Avenue may not be utilized as a construction yard. It is recommended that the
City Council uphold this determination.
lot
7
Of
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
VIA CERTIFIED MAIL
October 23, 2007
Thomas E. Tischer, P.E.
Project Manager
FCI Constructors, Inc.
2585 Business Park Drive
Vista, CA 92081
Jae Soo Aoh
J. Top Group, LLC
2626 Santa Fe Avenue
Vernon, CA 90058
Re: Appeal Decision Concerning 2626 Santa Fe Avenue, Vernon, CA
Gentlemen:
Transmitted herewith is a copy of Resolution No. 9438 that was
approved by City Council on October 15, 2007.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson at (323) 583-8811 ext. 245.
.Very truly yours,
i
Telly Giion'
City Clerk
NG:dr
c: S. Kevin Wilson
Resolution No. 9438
EXcfusively Industriaf