Resolution No. 95141
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RESOLUTION NO. 9514
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A VARIANCE TO ORIENT FISHERIES,
INC., FROM SECTION 26.4.2-8(b) OF THE COMPREHENSIVE
ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 5970
ALCOA AVENUE IN THE CITY OF VERNON
WHEREAS, Orient Fisheries„ Inc., (hereinafter referred to as
"Orient Fisheries") is a seafood processor and distributor located at
5970 Alcoa Avenue in the City of Vernon; and
WHEREAS, Orient Fisheries is requesting a variance from
Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance; and
WHEREAS; 5970 Alcoa Avenue is located in the M-Zone, General
Industrial and the operation'<is consistent with the objectives of the
General Plan and Comprehensive Zoning Ordinance; and
WHEREAS, Orient Fisheries proposes to construct a new
mezzanine area which will require additional automobile parking spaces
to be provided; and
WHEREAS, Section 26.4.2-8(b) allows the parking facilities
to be on the same lot as the occupant or on a separate lot or parcel
located within one thousand (1,000) feet from the main building; and
WHEREAS, when parking is in a separate lot, a covenant is to
be recorded restricting the use of the property to parking for the
benefit of the use requiring the parking; and
WHEREAS, Orient Fisheries has sub -leased a portion of the
property site identified by APN# 6310-027-274 from Gonzales Napolitos,
for the required automobile parking spaces; and
WHEREAS, Los Angeles Department of Water & Power (LADWP), who
owns the property, does not desire to execute a covenant restricting
the use of its property; and
PA
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WHEREAS, given the physical conditions of the property,
strict compliance with Section 26.4.2-8(b) would force Orient Fisheries
to remodel portions of its existing facility in order to provide
additional required automobile parking thus creating an unreasonable
hardship; and
WHEREAS, Section 26.5.1-6 permits the City Council to grant
variances from the Comprehensive Zoning Ordinance; and
WHEREAS, a variance relieving Orient Fisheries from the
covenant recordation requirement will not adversely affect the interest
of the public or the interest of other residents and property owners
within the vicinity of the premises because this requirement is a
mechanism of ensuring the parking restrictions and does not affect the
actual parking requirements; and
WHEREAS, the property site identified by APN# 6310-027-274
will provide eighteen (18) automobile parking stalls; and
WHEREAS, Orient Fisheries proposes to pave and stripe the
�Ileased lot and assign eighteen (18) automobile parking spaces to the
property located at 5970 Alcoa Avenue; and
WHEREAS, Orient Fisheries has agreed to cease operations
and/or reduce the size of the operation as determined by the City of
Vernon so that sufficient parking is provided or provide alternative
parking within one thousand (1,000) feet of the subject site if its
lease with Gonzales Napolitos should expire or terminate for any
reason; and
WHEREAS, with the approval of this variance, Orient Fisheries
will bring its nonconforming automobile parking spaces into compliance
and its facility will then meet the number of automobile parking spaces
required by Section 26.4.2-6 of the Comprehensive Zoning Ordinance and
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I is consistent with the objectives of the General Plan and the Zoning
2 Ordinance; and
3 WHEREAS, the granting of a variance will not constitute a
4 granting of a special privilege inconsistent with the limitations on
5 other nearby properties but will allow Orient Fisheries to use the
6 parking option in Section 26.4.2-8(b) as other property owners would be
7 able to do; and
8 WHEREAS, the project is categorically exempt from the
9 California Environmental Quality Act pursuant to Section 15301; and
10 WHEREAS, the City Council has received a Staff Report dated
11 December 20, 2007, upon which it has relied in making the foregoing
12 recitals; and
13 WHEREAS, the City Council of the City of Vernon held a
14 hearing on said application for a variance on January 7, 2008.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
17 SECTION 1: The City Council of the City of Vernon
18 hereby finds and determines that the recitals contained herein above
19 are true and correct.
20 SECTION 2: Section 26.4.2-8(b), of the Comprehensive Zoning
21 Ordinance, requiring covenant recordation and full compliance with the
22 Comprehensive Zoning Ordinance at the time of any expansion of use.
23 SECTION 3: The variance from the requirement of Section
24 26.4.2-8(b), is granted subject to the following conditions:
25 a) The facility shall be operated in accordance with all current
26 codes, rules, and regulations and subject to permit fees as
27 adopted by the City of Vernon.
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b) The facility shall be operated in a manner that will prevent
unsanitary conditions, odors or other nuisances.
1c) The project shall be maintained substantially in compliance with
Id)
the site plan submitted, as part of this variance application.
Orient Fisheries shall maintain a lease with Gonzales Napolitos
for a portion of the property identified by APN# 6310-027-274, to
provide the parking in conformance with the City Code. If the
lease expires or is terminated for any reason, Orient Fisheries
shall either cease operation, reduce the size of the operation as
determined by the City of Vernon so that sufficient parking is
provided or provide substitute parking at a location within one
thousand feet walking distance and which site and parking
configuration shall be approved by the Director of Community
Services & Water.
le) The parking lot at 5970 Alcoa Avenue and the lot being sub -leased
by Orient Fisheries for parking shall be striped and paved with a
concrete or an asphalt concrete material in an acceptable manner
to the Director of. Community Services & Water and shall be
maintained in accordance with the National Pollutant Discharge
Elimination System (NPDES) and shall be adequately drained, and
kept free of dust, mud, trash and weeds and shall provide and
maintain an adequate number of parking stalls at the lot
identified by APN# 6310-027-274 so that the building at 5970 is in
full conformance with the City of Vernon's automobile parking
standards and that no on -street parking or staging will occur.
SECTION 4: Noncompliance with these conditions shall
constitute sufficient grounds for the City Council of the City of
Vernon to void this variance and require the strict application of
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I Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance
2 SECTION 5: The City Clerk of the City of Vernon shall
3 certify to the passage of this resolution and thereupon and thereafter
4 the same shall be in full force and effect.
5 APPROVED AND ADOPTED this 7th day of January, 2008.
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Name: Leonis C. Malburg
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9 Title: Mayor /. P4ryar ®
10 ATTEST:
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12 MAdUELA GIRON, City Clerk
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ESTATE 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. 9514, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, January 7, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City ofl
Vernon.
(SEAL)
MANUELA GIRON, City Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 14, 2008
TO: Kevin Wilson, Director of Community Services & Water
FROM Nelly Giron, City Clerk
RE: b Resolution No. 9514 - A Resolution of the City Council of
the City of Vernon Granting a Variance to Orient Fisheries,
Inc., From Section 26.4.2-8(b) of the Comprehensive Zoning
Ordinance, for the Property Located at 5970 Alcoa Avenue in
the City of Vernon
Transmitted herewith is a copy of Resolution No. 9514 referenced
above, which was approved by City Council on January 7, 2008.
Thank you.
NG:dr
c: Resolution File No. 9514