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Resolution No. 95991 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 RESOLUTION NO. 9599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RESOLUTION NO. 9514 GRANTING A VARIANCE TO ORIENT FISHERIES, INC., FROM THE PARKING PROVISIONS 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 an amendment to its variance from the Comprehensive Zoning Ordinance ("Zoning Ordinance") approved by Resolution No. 9514 on January 7, 2008; and WHEREAS, 5970 Alcoa Avenue is located in the I -Zone, Industrial, and the operation is consistent with the objectives of the General Plan and Zoning Ordinance; and WHEREAS, Orient Fisheries has constructed a new mezzanine area which required additional automobile parking spaces to,be provided; and WHEREAS, the Zoning Ordinance allows parking facilities to be located on a separate lot or parcel; 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 advised the City that it has sufficient parking at 5970 Alcoa Avenue for its needs and has requested that its variance be amended to not require offsite parking; and WHEREAS, City Staff has determined based on its observations that Orient Fisheries currently has sufficientparking for its 1 employees and visitors to the site; and 2 WHEREAS, Section 26.6.2-5 permits the City Council to grant 3 variances from the Zoning Ordinance; and 4 WHEREAS, a variance relieving Orient Fisheries from the 5 parking requirements will not adversely affect the interest of the 6 public or the interest of other residents and property owners within 7, the vicinity of the premises because sufficient parking is being 8 provided for Orient Fisheries' operation and no offsite parking will 9 occur; and 10 WHEREAS, the granting of a variance will not constitute a 11 granting of a special privilege inconsistent with the limitations on 12 other nearby properties; and 13 WHEREAS, the project is categorically exempt from the 14 California Environmental Quality Act because it is an existing facility 15 pursuant to Section 15301 and a Notice of Exemption will be prepared 16 and filed with the County Clerk; and 17 WHEREAS, the City Council of the City of Vernon held a 18 hearing on said variance amendment on April 21, 2008. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 20 CITY OF VERNON AS FOLLOWS: 21 SECTION 1: The City Council of the City of Vernon 22 hereby finds and determines that the recitals contained hereinabove 23 are true and correct. 24 SECTION 2: Table 26.5.3-3 of the Zoning Ordinance requires 25 full conformity with parking and loading standards at the time of any 26 increase in floor area of a building. 27 SECTION 3: The variance from the requirement of Section 28 26.5.1-6(a) of the Zoning Ordinance shall be granted subject to the 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 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. c. The facility shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. d. Orient Fisheries shall maintain sufficient parking and loading facilities for all employees, vendors, and visitors at 5970 Alcoa Avenue. If insufficient parking spaces cannot be provided on 5970 Alcoa Avenue for its needs, Orient Fisheries shall lease additional parking to conform with the minimum parking requirements of Section 26.5.1-6, of the Zoning Ordinance within one thousand five hundred feet walking distance from the site. If for any reason sufficient parking is not provided, the operation shall be ceased or the size of the operation reduced so that parking provided meets the Zoning Ordinance requirements. e. All parking shall be striped and paved with a concrete or an asphalt concrete material in an acceptable manner and configuration 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. f. When Orient Fisheries vacates the structure, the subject mezzanine shall be removed or Zoning Ordinance compliant parking shall be provided. - 3 - 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 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 Section 26.5.1-6(d) of the Zoning Ordinance. SECTION 5: The provisions of Resolution No. 9514 not consistent with or in conflict with this resolution are hereby repealed; in all other respects Resolution No. 9514 shall remain in full force and effect. SECTION 6: 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 21St day of April, 2008. AT ST: t MAN UELA GIRON, ity Clerk Name: Leonis C. Malburg Title. - 4 - 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 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. 9599, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, April 21, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) UELA GIRO ity Clerk - 5 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 29, 2008 TO: S. Kevin Wilson, Director of Community Services & Water FROM/ Nelly Giron, City Clerk RE: Resolution No. 9599 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 9514 Granting a Variance to Orient Fisheries, Inc., From the parking Provisions of the Comprehensive Zoning Ordinance, for the Property Located at 5970 Alcoa Avenue in the City of Vernon Transmitted herewith is a certified copy of Resolution No. 9599, referenced above, which was approved by City Council on April 21, 2008. Thank you. NG:dr c: Resolution No. 9599