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Resolution No. 100391 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 ''RESOLUTION NO. 1.0,039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO PABCO BUILDING PRODUCTS, LLC FROM SECTION 26.5.3-1(d) OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4460 & 4462 PACIFIC BOULEVARD IN THE CITY OF VERNON WHEREAS, Pabco Building Products, LLC (hereinafter referred to as "Pabco") owns and occupies the properties located at 4460 & 4462 Pacific Boulevard in the City of Vernon (hereinafter referred to as "Property"); and WHEREAS, Pabco is requesting a variance from Section 26.5.3- 11(d) of the Comprehensive Zoning Ordinance; and WHEREAS, Pabco is in'the process of selling a portion of its existing parking lot located at 4462 Pacific Boulevard (approximately 14,470 square feetj;.which is located north of their main facility at 14460 Pacific Boulevard. The parking lot area at 4462 Pacific Boulevard is approximately 30,420.square feet in size and has no building constructed on it. A covenant,recorded in 1985 tied both parcels as one for the purpose of parking. The adjoining property owner, CR Laurence has expressed an interest in purchasing a portion of the parking lot in order to make its lot of a more uniform shape for redevelopment purposes.'In order to effectuate the sale of the subject. property, a lot line adjustment must be approved by the City; and WHEREAS, by Pabco selling the subject property, the remaining .property will be made less conforming by a decrease in capacity of any already non -conforming lot in violation of Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance; and. WHEREAS, due to the unique industrial nature of Pabco's 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 operation Pabco meets the intent of the Zoning Ordinance by providing a sufficient number of parking and loading spaces for its actual need; I=0 WHEREAS, given the physical conditions of the property layout and the use of the property, strict compliance with Section 26.5.3-1(d) would restrict Pabco's ability to use its lot in the most efficient and economic manner by requiring land to be set aside that is not needed and is not currently utilized, thus creating an unreasonable hardship; and WHEREAS, the Property is located in the Industrial I -Zone and the Property is used for manufacturing and warehousing of the manufactured product which is consistent with the objectives of the General Plan and Zoning Ordinance; and WHEREAS, Section 26.5.3-1(d) of the Zoning Ordinance states "there shall be no decrease in,the parking, loading, or maneuvering capacities as they exist as of the date of this Ordinance if such - decrease would either make conforming capacities non -conforming or would decrease capacities of an already non -conforming lot;" and .WHEREAS, Section 26.5.1-6 of the Zoning Ordinance specifies that 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 employees consultants, agents, buyers, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building; land WHEREAS, currently, Pabco provides 85 auto parking spaces (60 automobile spaces are located at 4462 Pacific Blvd),-4 truck loading stalls, and 7 truck parking stalls and the lot line adjustment would - 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 further reduce the number of auto parking spaces provided by 23, but 4 additional stalls are proposed to be added to the 4460 Pacific Blvd. 1parcel; and WHEREAS, Pabco currently employs 20 people on day shift, 10 people on swing shift, and 10 people on graveyard shift, and according to Pabco, the maximum number of employee vehicles at the site at any one time is 30; which would occur during a shift change. If the variance were granted Pabco would still be providing 66 parking spaces of which a maximum of 30 would be used at any one time; and WHEREAS, the building at 4460 Pacific Boulevard houses a paper manufacturing operation, and the layout of the buildings and the equipment are uniquely situated that the facility cannot practically be used for any other purpose. Thus, based on the limited number of employees and due to the unique industrial nature of Pabco's operation they meet the intent of the Zoning Ordinance by providing sufficient parking and loading for its needs; and WHEREAS, since Pabco can provide ample room to accommodate employee parking and loading needs, without creating parking or loading overflow onto adjacent side streets and the surrounding area and Pabco understands that if -in the future it needs additional truck loading or parking spaces beyond the number provided, Pabco will be required to provide sufficient parking for its need or meet the minimum standards;, and WHEREAS, City Staff has determined based on its observations that Pabco currently has sufficient parking for its employees and visitors at the site; and WHEREAS, consequently, the existing use does not and will not adversely affect the interest of the public or properties in - 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 the vicinity of the premises; and WHEREAS, the purpose of the parking requirement is to accommodate all automobiles or similar vehicles of employees, consultants, agents, buyers, vendors, salesmen, visitors, and other persons normally transacting business at the enterprise or building; and WHEREAS, the strict application of Section 26.5.3-1(d) of the ordinance at this time would cause an unreasonable hardship to the applicant; and WHEREAS, the City Council has received a Staff Report dated August 12, 2009, upon which it has relied in making the foregoing recitals; and WHEREAS, the Director of Community Services & Water has recommended that the City find that the Project is categorically exempt pursuant to Section 15305, Class 5, of the California Environmental Quality Act, and prepare and file a Notice of Exemption with the County Clerk; and WHEREAS,,the City Council of the City of Vernon held a hearing on said application for a variance on August 17, 2009. .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 and correct. SECTION 2: The City Council of the City of Vernon hereby, finds that the proposed project is categorically exempt pursuant.to Section 15305, Class 5, of the California Environmental Quality Act because the project consists of minor alterations in land use - 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 limitations, and directs the City Clerk, or her designee, to file a Notice of Exemption in regard to the environmental impact of said project with the County Clerk of the County of Los Angeles. SECTION 3: The City Council of the City of Vernon in compliance with Section 26.6.2-5 of the Comprehensive Zoning Ordinance. and Government Code Section 65906 makes the following findings:, a. The circumstances surrounding the Pabco property and its intended continued use are unique in that other properties in I -Zone, Industrial, do not share the same conditions. The entire building located at 4460 Pacific Boulevard contains approximately 200,000 square feet in floor area. The Pabco building was constructed at this size to host a paper manufacturing operation. Although the building is very large in size, most of the space is occupied by equipment requiring very little manpower. This is reflected in the fact that Pabco currently employs 20 people on the day shift, 1.0 people on swing shift, and 10 people on graveyard shift, and the maximum amount of parking that would be needed to accommodate its employees and visitors is 30 auto parking spaces. Adequate parking is currently being provided for Pabco's existing operation, and will continue to be provided with the grant of this varianc"e.- b. The strict application of Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance would create an unnecessary hardship on Pabco and is inconsistent with the purpose and intent of the Comprehensive Zoning Ordinance.. Section:26.5.3-1(d) would require Pabco's currently non -conforming lot to remain at its current capacity. This restriction would require Pabco to continue to set aside land for parking that is not needed and is not currently utilized. This strict interpretation and imposition of Section 26.5.3-1(d) on _ 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 Pabco would be inconsistent with the general purpose and intent of the Comprehensive Zoning Ordinance, which specifies in Section 26.5.1-6 that adequate off-street parking and loading space shall be provided for each use to accommodate all automobiles or similar vehicles of the employees, consultants, agents, buyers, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or building. Pabco is currently providing adequate parking for its existing operation and will continue to provide adequate parking with the grant of this variance, which is consistent with the general purpose and intent of the Comprehensive Zoning Ordinance. Ic. The grant of the variance will not constitute a grant of special privileges. The City has issued similar variances, where because of the unique nature of a business operation the requirement to meet the city's minimum code requirement for parking is over burdensome and unnecessary. As previously provided, Pabco is. currently meeting its parking needs and demands and will continue to do so with the granting of this variance. As such, no special privilege is being granted by the approval of this variance. d. The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City's General Plan specifies that adequate off-street parking be provided in order to eliminate on -street parking and congestion. Pabco is currently providing adequate. parking to meet its needs and demands and will continue to do so with the grant•pf the variance. Further, the grant of the variance will be consistent with other provisions of the Comprehensive Zoning Ordinance, and in particular, Section 26.5.1-6 which - 6 - 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 MM e If requires that adequate off-street parking and loading space shall be provided for each use to accommodate all automobiles or similar vehicles of the employees, consultants, agents, buyers, vendors, salesmen., visitors, and other persons normally transacting business, at such enterprise or building. The grant of the variance will not be materially detrimental to the public health,,safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. As previously provided, Pabco currently provides adequate parking to meet its needs and demands. The grant of the variance would reduce Pabco's auto parking spaces by 23. However, Pabco would continue to provide 62 auto parking spaces, which more than meets its maximum demand of 30 auto parking spaces. Thus, no on -street parking impact would occur to be materially detrimental to the public health, safety, or welfare, or interests of other property owners. The grant of the variance places suitable conditions on Pabco to protect surrounding properties and does not permit uses that are not otherwise allowed in the I -Zone, Industrial. As provided in the conditions below, if at anytime Pabco needs additional truck loading or parking spaces beyond the number provided, Pabco will be required to meet the additional need or the City's minimum code requirements. SECTION 4: A variance from Section 26.5.3-1(d), of _the Comprehensive Zoning Ordinance, is hereby granted to Pabco for the property located at-4460 & 4462 Pacific Boulevard subject to.the conditions set forth in Section 5. - 7 - 6 7 8 9 10 low 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 SECTION 5': The variance granted is 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. IM Ic. MIA le The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The facility shall be maintained with a clean yard, free of debris, and in a manner, that prevents the off -site migration of debris. All parking and loading areas necessary for Pabco operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a concrete or asphalt concrete paving and shall be adequately drained, and kept free of potholes, 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 or off -site parking or staging will occur. The facility shall be operated in a manner that will not impede traffic on any public street as determined by the Director of Community Services and Water in the Director's sole discretion. All vehicles shall enter and exit the site in a front forward manner. No vehicle parking or staging associated with the facility shall take place off -site or on the public street without prior approval from the Community Services Department. If the property or any.portion of the subject property is no.longer used for paper manufacturing, then the entire property shall be - 8 - 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 PAM 22 23 24 25 26 27 28 I® Ih. 1. i® made to conform to all truck and automobile parking requirements and all truck loading requirements, unless a new variance is requested and granted by the City Council. All parking and -loading areas shall be.maintained substantially in compliance with the site plan as submitted as part of this variance application. If, in the opinion of the,Director of Community Services and Water; Pabco's or its successors' parking or loading needs increase such that the parking and loading provided on the properties is insufficient, then additional parking and or loading shall be provided on site,.or within 1,500 feet of the site, to meet the additional needs as determined by the Director of Community Services and Water, or to meet the minimum parking and loading requirements of the Comprehensive Zoning ordinance. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance and require Pabco to comply with the parking and loading requirements of the Comprehensive Zoning Ordinance. The owner of the property shall pay for the relocation of the existing power-pole/anchor-line that encroaches onto the parking lot located 4462 Pacific Boulevard. The power pole shall be relocated by City of Vernon Department of light and power so that it does not interfere with the maneuvering area of the automobile parking stalls. Within 60 days ofthe grant of this variance, Pabco shall remove the parts storage area on the south side of the parcel located at 4460 Pacific Bo�ilevard, in order to create 10 permanent automobile parking stalls. These parking stalls shall be striped in an. - 9 - 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 acceptable manner to the Director of Community Services & Water and shall be paved with a concrete or asphalt concrete paving and shall be adequately drained, and kept free of potholes, dust, mud, trash and weeds. k. Within 60 days of the grant of this variance, signs shall be posted and maintained at the two drive access points to the parcel advising Pabco employees and visitors that additional parking is available at 4462 Pacific Boulevard and that any person conducting business at the Pabco facility that parks on the 4400 Pacific Boulevard,property is subject to tow. The final wording of the signs and lettering size shall be approved to the satisfaction of the Director. of Community Services & Water prior to posting. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this Resolution, and the City Clerk of the City of Vernon shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. APPROVED'AND ADOPTED this 17th day of August, 2009. ATTEST: c MANUELA GIRON, gity Clerk Name: Hilario Gonzales Title: Mayor - 10 - 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. 10,039, was duly passed, approved and adopted by the City Council of the City.of Vernon at a regular meeting of'the City Council duly held on Monday, August 17, 2009,'and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City'%of Vernon. Executed this ( day of August, 2009, at Vernon, California. MANUELA GIRON, ity Clerk. (SEAL) CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 18, 2009 TO: S. Kevin Wilson, Director of Community Services & Water F Nelly Giron, City Clerk RE: Resolution No. 10,039 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pabco Building Products, LLC From Section 26.5.3-1(d)of the Comprehensive Zoning Ordinance, for the Property Located at 4460 & 4462 Pacific Boulevard in the City of Vernon Transmitted herewith is a copy of Resolution No. 10,039 referenced above, which was approved by City Council on August 17, 2009. Thank you. NG:dj c: Resolution No. 10,039 r� I o � m on August 6, 2009 Mr. Samuel Kevin Wilson Director Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 Re.: Monday August 10, 2009, Public Hearing 4460 & 4462 Pacific Boulevard, Vernon, CA. Dear Mr. Wilson: fo_�C,6 Vapavtz,6 -4 Pacific Santa Fe Industrial Inc., the owner of the property at 4400-58 Pacific Boulevard, Vernon, (a division of 4D Development & Investment) is in receipt of your letter dated July 29, 2009, regarding the above referenced public hearing. This letter is our written correspondence, as directed by the Notice of Public Hearing dated July 28, 2009. As it regards the application of Pabco Building Products, LLC, for a variance from the Comprehensive Zoning Ordinance Section 26.5.3-1(d), Restrictions on Non -Conforming Buildings and Uses, the a plicant seeks a twenty seven percent (27%) reduction in the total number of parking spaces provided by a site that is already non -conforming. In the application available for public review at City Hall, the applicant claims that further reduction of its already substandard provided parking will not negatively impact the surrounding neighborhood. This assertion is not only erroneous, but patentlyfalse. alse. The subject site (Los Angeles County Tax Assessor's parcel number 6308-006-008) is not adjacent to the Pabco plant which it purports to serve (Los Angeles County Tax Assessor's parcel number 6308-007-019). The plant and subject site are on opposite sides of Pacific Boulevard. This fact is critical for evaluation of the application's claim that parking sufficient for Pabco's purposes will exist should the variance be granted because few (if any) of the persons visiting Pabco daily (employees, customers, and/or guests) take the time to park on the subject site (located on Pacific Boulevard's north side), walk to the cross walk at Santa Fe Avenue, then walk to Pabco's facility at 4500 Pacific Boulevard (south side of Pacific Boulevard). In actual fact, no striped automobile parking exists at Pabco's plant on Pacific Boulevard's south side. Our property, 4400-58 Pacific Boulevard (Los Angeles County Tax Assessor's number 6308-007-018) is the property adjacent to Pabco's plant, on the south side of Pacific Boulevard. Pabco's employees consistently park on our property during all three of the plants shifts (daytime, swing shift, and graveyard shift). More importantly, visitors and customers consistently park on our property, often improvising P.323.951.0241 F.323.951.0299 8271 MELROSE AVE SUITE 200 LOS ANGELES, CA 90046 wwwAddevelopment.us Mr. Kevin Wilson City of Vernon Page -2- narking spaces in front of our loading depositions, in front of ground level loading doors, in areas marked noparking, etc. When confronted by our property's tenants and/or management, nearly all such visitors/customers state that: 1) They are unaware that Pabco's parking lot is on Pacific Boulevard's north side; 2) their trespassing/parking on our property is "not hurting anyone, this (4400-58 Pacific) is a big parking lot"; 3) Pabco told them they could park there. While it is unfortunate that Pabco's currently non -conforming and insufficient parking lot on Pacific's north side is inconvenient for its visitors, the City of Vernon should neither condone nor promote trespassing by individuals visiting Pabco deciding that parking at 4400-58 Pacific Boulevard is more convenient. Granting city permission to further such behavior (through variance) confers, to the applicant, rights which neighboring properties are not entitled. As defined by the Cily of Vernon, a variance must not confer ri is (to the subject site) which are not enjoyed by neighboring properties. The fact that the application currently under consideration further reduces the number of striped spaces on an under parked, non -conforming site amplifies the negative impact on neighbors. We consistently notify Pabco of such trespassing. Mr. Dave Evans and Mr. Bill Fraser have discussed the situation with our representative(s) face to face on at least four occasions in 2009 alone. We maintain, and forward to Pabco, the license plate numbers of trespassers. Such trespassing comes at the expense of 4400- 58 Pacific Boulevard's tenants and customers. Approval of the variance application will increase our costs dramatically, as we will be forced to tow more vehicles which are parked at 4400-58 Pacific Boulevard without permission. The application's "variance methodology" conclusions are inaccurate in stating that granting a variance to Pabco will have no affect on surrounding neighbors. The variance application fails to list conditions which would promote and/or guaranty no affect on the neighboring properties. Such conditions would include signage at the point of ingress/egress to 4460 Pacific Boulevard (a reciprocal easement between the Pabco plant and our property) directing Pabco visitors, guests, and employees where and how to legally park on the subject site. Further, signage provided by Pabco notifying such visitors, guests, and employees that trespassing and/or parking at 4400-58 Pacific Boulevard will result in the immediate removal of offending vehicles, must likewise be required. Additionally, any approval of the application under consideration must include provision for Pabco to clearly mark as "no parking" the area of the reciprocal easement which functions as a fire lane as well as Pabco clearly marking the ingress/egress access easement it enjoys on Santa Fe Avenue in a manner consistent with that described above. Mr. Wilson, Pacific Santa Fe Industrial Inc. respectfully submit that the impetus for the variance application is to further a land development project on Vernon Avenue; as such there is no compelling public benefit (and much injurious action for neighbors) in approving the variance application. If the City of Vernon will guaranty, through the conditions associated with application approval, that the current trespassing problem caused by Pabco's insufficient parking situation will be mitigated and that increased trespassing will not occur, Pacific Santa Fe Industrial will not oppose the variance application. Appropriate leadership and direction by the City of Vernon regarding resolution of these problems is required now. Sincerely, PACIFIC SANTA FE INDUSTRIAL INC. Justin Beimforde Property Superintendent P.323.951.0241 F.323.951.0239 8271 MELROSE AVE SUITE 200 LOS ANGELES, CA 90046 www.4d d eve to p m e nt, u s N' 4305 Santa Fe Avenue City of Vernon Vernon, CA 90058 k ff (323) 583-8811 1905 S�VELY. 1""' _ NOTICE OF PUBLIC HEARING APPROVE AUG 1 i 09 CITY COUNCIL 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 DATE & TIME: APPLICANT: REQUEST: PROPERTY INVOLVED: Monday, August 10, 2009 at 9:00 a.m. (or as soon thereafter as the matter can be heard) Pabco Building Products, LLC Grant a variance from Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance, Restrictions on Non -Conforming Buildings and Uses. 4460 & 4462 Pacific Boulevard REVIEW OF: The application, maps, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, 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 to a stated time and place without further notice of a public hearing. Dated: MANUELA GI ON City Clerk AUG 12 2009 CI'1Y(CLERK'SOEFIC APPROVED AUG l '09 crr couNci a STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: August 12, 2009 TO: Honorable Mayor and City .Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Variance Application — Pabco Building Products, LLC located at 4460 & 4462 Pacific Boulevard Pabco Building Products, LLC ("Pabco") has requested a variance from Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance, Restrictions on Non -Conforming Buildings and Uses. Pabco is in the process of selling a portion (approximately 14,470 square feet) of its existing parking lot located at 4462 Pacific Boulevard, which is located north of their main facility at 4460 Pacific Boulevard. A plot plan of the two properties is attached herewith. The parking lot area at 4462 Pacific Boulevard is approximately 30,420 square feet in size and has no buildings constructed on it. A covenant recorded in 1985 tied both parcels (4460 and 4462 Pacific Boulevard) as one for the purpose of parking. The adjoining property owner, CR Laurence has expressed an interest in purchasing the approximately 14,470 square foot portion of the parking lot in order to make its lot of a more uniform shape for redevelopment purposes. In order to effectuate the sale of the subject property, a lot line adjustment must be approved by the City. The Pabco lots are currently non -conforming in respect to the City's parking and loading requirements. If the lot line adjustment is approved, the currently provided 85, auto parking spaces will be reduced by 23 auto parking spaces, for a final total of 62 auto parking spaces remaining (however, the existing 7 truck parking stalls, and 4 truck loading stalls will remain regardless of the lot line adjustment) thereby decreasing capacity of an already non- conforming lot in violation of Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance. Pabco has requested a variance from Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance in order to accommodate the lot line adjustment. Revised 08-12-09 -1— BACKGROUND Pabco owns and occupies both 4460 and 4462 Pacific Boulevard, located in the I Zone, Industrial, in the City of Vernon. Pabco has manufactured and sold paper products for more than 80 years throughout the United States. Pabco currently employs 20 people on the day shift, 10 people on swing shift, and 10 people on graveyard shift. Pabco has stated that the maximum amount of parking that would be needed to accommodate its employees and visitors is at shift change when 30 auto parking spaces would be necessary. Additionally, Pabco has stated that the existing operation cannot be expanded in any way that would require more personnel. The unique nature of the operation and equipment layout preclude the building from being utilized for any other purpose other then a paper manufacturing operation. The portion of land proposed to be purchased by CR Laurence from Pabco will help square off an odd shaped parcel of land that CR Laurence owns and will allow CR Laurence to make more efficient use of the land available for their new building. Currently, the Pabco provides 85 auto parking spaces, 4 truck loading stalls, and 7 truck parking stalls. As a result of the sale, 23 auto parking spaces would be eliminated from the Pabco property. The existing building at 4460 Pacific Boulevard was constructed prior to the city establishing any mandatory parking and loading requirements. Over the years Pabco has downsized its operation and sold off various portions of its properties. Pabco has indicated that they have no plans for expansion or alteration of the existing building configuration at this time. The sale of the approximately 14,470 square foot portion of thelot will result in a remaining 62 auto parking spaces, and will more then accommodate Pabco's current needs and demand. Pabco's initial plan showed 6 auto parking stalls to be located on the south side of its parcel located at 4460 Pacific Boulevard. As a condition of the grant of this variance, Pabco is agreeing to clear off parts stored on the south side of its parcel in order to provide an additional four auto parking spaces for a total of 10 stalls to be located on the south side of the parcel. The final total of available automobile parking spaces will be 66. REASON FOR VARIANCE As previously mentioned, Pabco intends to sell an approximately 14,470 square foot portion of the property located at 4462 Pacific Boulevard. In order to effectuate the sale of the subject property, alot line adjustment must be approved which will merge a portion of Pabco's lot with the lot adjoining it to the north. As a result of the lot line adjustment and eventual sale of the property, 23 auto parking spaces would be eliminated for Pabco's use. As previously mentioned, Pabco has indicated the maximum number of employee vehicles at the site at one time is 30, which would occur during a shift change. If the variance were granted, Pabco would be providing 66 parking spaces of which a Revised 08-12-09 —2— maximum of 30 would be used at any time. In addition, the layout of the buildings and the equipment are uniquely situated that the facility cannot practically be used for any other purpose. Thus, based on the limited number of employees and due. to the unique industrial nature of Pabco's operation, it would meet the intent of the Zoning Ordinance by providing sufficient parking and loading for Pabco's parking needs and demands. If a variance were not granted, the restriction imposed by a strict application of Section 26.5.2-1(d) would restrict Pabco's ability to use its land in the most efficient and economic manner by requiring land to be set aside for parking that is not needed and is not currently utilized. Therefore, Pabco is requesting that a variance be granted to allow Pabco to provide automobile parking and truck loading spaces based on its actual needs and demand. VARIANCE METHODOLOGY Pabco is requesting a variance from Section 26.5.3-1(d) of the. Comprehensive Zoning Ordinance, which states "there shall be no decrease in the parking, loading, or maneuvering capacities as they exist as of the date of this Ordinance if such decrease would either make conforming capacities non -conforming or would 'decrease capacities of an already non -conforming lot". Section 26.5.1-6 of the Comprehensive Zoning Ordinance, which contains the City's parking requirements, states: Adequate off-street parking and loading space shall be provided for each use, development or property, or for each building, to accommodate all automobiles or similar vehicles of the employees, consultants, agents, buyers, 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.... Pabco has indicated that there will be no expansion of its operation and therefore no increase in vehicle and truck trips. Most of the traffic generated by the subject site will be from the employees. City staff has visited the subject site on numerous occasions and have found that Pabco is providing sufficient automobile parking and truck loading for its need. City staff has observed no staging of trucks accessing the Pabco site in the public right-of-way. Since there is ample room to accommodate their current automobile parking needs. It is anticipated that no overflow parking onto adjacent side streets will occur. However, if at anytime Pabco needs additional truck loading or parking spaces beyond the number provided, a condition will be placed on the variance requiring Pabco to meet Revised 08-12-09 —3 their need or the minimum standards. Consequently; the existing use does not and will not adversely affect the interest of the public in vicinity of the premises. CEQA REVIEW The proposed project consists of both the variance application and the lot line adjustment application. The project has been determined to be categorically exempt under the California Environmental Quality Act ("CEQA") Guideline 15305, Class 5, as the project is a grant of a variance and a lot line adjustment, both of which are minor alterations in land use limitations The recommended grant of the variance is from a restriction/limitation which limits the ability of an already non -conforming lot to be further reduced in capacity. ' Both the variance and the lot line adjustment would occur on property that contains a slope of less than 20%, and neither would result in any changes in land use or density. Variances and minor lot line adjustments are cited in CEQA Guideline 15305(a) as examples of minor alterations in land use limitations Thus, the project is categorically exempt under CEQA. A notice of exemption will be prepared and filed with the County Clerk. - STAFF FINDINGS AND CONDITIONS Staff finds the following to be true: a) The circumstances surrounding the Pabco property are unique in that other properties in I -Zone, Industrial, do not share the same conditions. The entire building located at 4460 Pacific Boulevard contains approximately 200,000 square feet in floor area. The Pabco building was constructed at this size to host a paper manufacturing operation. Although the building is very large in size, most of the space is occupied by equipment requiring very little manpower. This is reflected in the fact that Pabco currently employs 20 people on the day shift, 10 people on swing shift, and'10 people on graveyard shift, and the maximum amount of parking that would be needed to accommodate its employees and visitors is 30 auto parking spaces. As previously stated, adequate parking is currently being provided for Pabco's existing operation. b) The strict application of Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance would create an unnecessary hardship on Pabco and is inconsistent with the purpose and intent of the Comprehensive Zoning Ordinance. Section 26.5.3-1(d) would require Pabco's currently non -conforming lot to remain at its current capacity. This restriction would require Pabco to continue to set aside land for parking that is not needed and is not currently utilized. This strict interpretation and imposition of Section 26.5.3- l(d) on Pabco would be inconsistent with the general purpose and intent of the Comprehensive Zoning Ordinance, which specifies in Section 26.5.1-6 that adequate off- street parking and loading space shall be provided for each use to accommodate all automobiles or similar vehicles of the employees, consultants, agents; buyers, vendors, salesmen, visitors, and other persons normally transacting business at such enterprise or Revised 08-12-09 -4— building. As previously stated, Pabco is currently providing adequate parking for its existing operation and will continue to provide adequate parking, even with the grant of this variance, consistent with the general purpose and intent of the Comprehensive Zoning Ordinance. c) The grant of the variance will not constitute a grant of special privileges. The City has issued similar variances, where because of the unique nature of a business operation the requirement to meet the city's minimum code requirement for parking is over burdensome and unnecessary. As previously provided, Pabco is currently meeting its parking needs and demands and will continue to do so with the granting of this variance. As such, no special privilege is being granted by the approval of this variance. d) The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City's General Planspecifies that adequate off-street parking be provided in order to eliminate on -street parking and congestion. Pabco is currently providing adequate parking to meet its needs and demands and will continue to do so with the grant of the variance. Further, the grant of the variance will be consistent with other provisions of the Comprehensive Zoning Ordinance, and in particular, Section 26.5.1-6 which requires that adequate off- street parking and loading space shall be provided for each use to accommodate all automobiles or similar vehicles of the employees, consultants, agents, buyers, vendors, salesmen, visitors; and other persons normally transacting business at such enterprise or building. - e) The grant of the variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. As previously provided, Pabco currently provides adequate parking to meet its needs and demands. The grant of the variance would reduce Pabco's auto parking spaces by 23. However, Pabco would continue to provide 66.auto parking spaces, which more than meets its maximum demand of 30 auto parking spaces. Thus, no on -street parking impact would occur to be materially detrimental to the public health, safety, or welfare, or interests of other property owners. f) The grant of the variance places suitable conditions on Pabco to protect surrounding properties and does not permit uses that are not otherwise allowed in the I- Zone, Industrial, As provided in the conditions below, if at anytime Pabco needs additional truck loading or parking spaces beyond the number provided, Pabco will be required to meet the additional need or the City's minimum code requirements. Revised 08-12-09 —5 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 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. The facility shall be maintained with a clean yard, free of debris, and in a manner that prevents the off -site migration of debris. C. All parking and loading areas necessary for Pabco operations shall be ; striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a concrete or asphalt concrete paving and shall be adequately drained, and kept free. of potholes, 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. d. Adequate on -site parking shall be maintained so that no on -street or off --site parking or staging will occur. The facility shall be operated in a manner that will not impede traffic on any public street as determined by the Director of Community Services and Water in the Director's sole discretion. All vehicles shall enter and exit the site in a front forward manner. No vehicle parking or staging associated with the facility shall take place off -site or on the public street without prior approval from the Community Services Department. e. If the property or any portion of the subject property is no longer used for paper manufacturing, then the entire property shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, unless anew variance is requested and granted by the City Council. f. All parking and loading areas shall be maintained substantially in compliance with the site plan as submitted as part of this variance application. g. If, in the opinion of the Director of Community Services and Water, Pabco's or its successors' parking or loading needs increase such that the parking and loading provided on the properties is insufficient, then additional parking and or loading shall be provided on site; or within 1,500 feet of the site, to meet the additional needs as determined by the Director of Community Services and Water, or to meet the minimum parking and loading requirements of the Comprehensive Zoning Ordinance. h. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance and require Pabco to comply with the parking and loading requirements of the Comprehensive Zoning Ordinance. i. The owner of the property shall pay for the relocation of the existing power-pole/anchor-line that encroaches onto the parking lot located 4462 Pacific Boulevard. The power pole shall be relocated by City of Vernon Department of light and power so that it does not interfere with the maneuvering area of the automobile parking stalls. j. ` Within 60 days of the grant of this variance, Pabco. shall remove the parts storage area on the south side of the parcel located at 4460 Pacific Boulevard, in order to create 10'permanent automobile parking stalls. These parking stalls shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a concrete or asphalt concrete paving and shall be adequately drained, and kept free of potholes, dust, mud, trash and weeds. k Within 60 days of the grant of this variance, signs shall be posted and maintained at the two drive access points to the parcel advising Pabco employees and visitors that additional parking is available at 4462 Pacific Boulevard and that any person conducting business at the Pabco facility that parks on the 4400 Pacific Boulevard property is subject to tow. The final wording of the signs and lettering size shall be approved to the satisfaction of the Director of Community Services & Water prior to posting. _ Revised 08-12-09 -7— 0LOO r a�' G��VfLY �N�J� COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Donal O'Callaghan, City Administrator Cpa.� FROM: Samuel Kevin Wilson Director of Community Services & Water DATE: . August 12, 2009 SUBJECT: Variance Application — Pabco Building Products, LLC located at 4460 & 4462 Pacific Boulevard At the last City Council meeting 4D Development & Investment a property management firm for the property owner of 4400-58 Pacific Boulevard raised an issue (see attached letter) regarding Pabco's employees and visitors using the parking stalls at 4400 Pacific Boulevard. City staff has met with both parties in question in order to determine if parking issues could be resolved. Based on discussions 4D Development & Investment advised that if additional conditions were placed in the variance approval they would withdraw any objections to the project. City staff has reviewed the proposed conditions of approval and is recommending that the following condition "d" be amended to read as follows: d. Adequate on -site parking shall be maintained so that no on -street or offsite parking or staging will occur. The facility shall be operated in a manner that will not impede traffic on any public street as determined by the Director of Community Services and Water in the Director's sole discretion. All vehicles shall enter and exit the site in a front forward manner. No vehicle parking or staging associated with the facility shall take place off -site or on the public street without prior approval from the Community Services Department. In addition, the following additional conditions shall be set on the Variance Permit: j. Within 60 days of the grant of this variance, Pabco shall remove the parts storage area on the south side of the parcel located at 4460 Pacific Boulevard, in order to create 10 permanent automobile parking stalls. These parking stalls shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a concrete or asphalt concrete paving and shall be adequately drained, and kept free of potholes, dust, mud, trash and weeds. . k. Within 60 days of the grant of this variance, signs shall be posted and maintained at the two drive access points to the parcel advising Pabco employees and visitors that additional parking is available at 4462 Pacific Boulevard and that any person conducting business at the Pabco facility that parks on the 4400 Pacific Boulevard property is subject to tow. The final wording of the signs and lettering size shall be approved to the satisfaction of the Director of Community Services & Water prior to posting. Attached herein is a copy of the revised staff report and resolution. It is recommended that the variance be approved with the amended and added conditions. SKW/sc Attachments August 6, 2009 Mr. Samuel Kevin Wilson Director Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 Re.: Monday August 10, 2009, Public Hearing 4460 & 4462 Pacific Boulevard, Vernon, CA. Dear Mr. Wilson: Pacific Santa Fe Industrial Inc., the owner of the property at 4400-58 Pacific Boulevard, Vernon, (a division of 4D Development & Investment) is in receipt of your letter dated July 29, 2009, regarding the above referenced public hearing. This letter is our written correspondence, as directed by the Notice of Public Hearing dated July 28, 2009. As it regards the application of Pabco Building Products, LLC, for a variance from the Comprehensive Zoning Ordinance Section26.5.3-1(d), Restrictions on Non -Conforming Buildings and Uses, the applicant seeks a twenty seven percent (27%) reduction in the total number of parking, spaces provided by a site that is already non -conforming In the application available for public review at City Hall, the applicant claims that further reduction of its already substandard provided parking will not negatively impact the surrounding neighborhood. This assertion is not only erroneous, but patentl fuse. The subject site (Los Angeles County Tax Assessor's parcel number 6308-006-008) is not adjacent to the Pabco plant which it purports to serve (Los Angeles County Tax Assessor's parcel number 6308-007-019). Theplant and subject site are on opposite sides of Pacific Boulevard. This fact is critical for evaluation of the application's claim that parking sufficient for Pabco's purposes will exist should the variance be granted because few (if any) of the persons visiting Pabco daily (employees, customers, and/or guests) take the time to park on the subject site (located on Pacific Boulevard's north side), walk to the cross walk at Santa Fe Avenue, then walk to Pabco's facility at 4500 Pacific Boulevard (south side of Pacific Boulevard). In actual fact, no striped automobile parking exists at Pabco's plant on Pacific Boulevard's south side. Our property, 4400-58 Pacific Boulevard (Los Angeles County Tax Assessor's number 6308-007-018) is the property adjacent to Pabco's plant, on the south side of Pacific Boulevard. Pabco's employees consistently park on our property during all three of the plants shifts (daytime, swing shift, and graveyard shift). More importantly, visitors and customers consistently park on our property, often improvising P.323.951.0241 F.323.951.0239 8271 MELROSE AVE SUITE 200 LOS ANGELES, CA 90046 www.4ddevelapment.us Mr. Kevin Wilson City of Vernon Page -2- parkingspaces in front of our loading dock positions, in front of ground level loading doors, in areas marked no parking, etc. When confronted by our property's tenants and/or management, nearly all such visitors/customers state that: 1) They are unaware that Pabco's parking lot is on Pacific Boulevard's north side; 2) their trespassing/parking on our property is "not hurting anyone, this (4400-58 Pacific) is a big parking lot"; 3) Pabco told them they could park there. While it is unfortunate that Pabco's currently non -conforming and insufficient parking lot on Pacific's north side is inconvenient for its visitors, the City of Vernon should neither condone nor promote trespassing by individuals visiting Pabco deciding that parking at 4400-58 Pacific Boulevard is more convenient. Granting city permission to further such behavior (through variance) confers, to the applicant, rights which neighboring properties are not entitled. As defined by the City of Vernon, a variance must not confer rights (to the subject site) which are not enjoyed by neighboring properties. The fact that the application currently under consideration further reduces the number of striped spaces on an under parked, non -conforming site amplifies the negative impact on neighbors. We consistently notify Pabco of such trespassing. Mr. Dave Evans and Mr. Bill Fraser have discussed the situation with our representative(s) face to face on at least four occasions in 2009 alone. We maintain, and forward to Pabco, the license plate numbers of trespassers. Such trespassing comes at the expense of 4400- 58 Pacific Boulevard's tenants and customers. Approval of the variance application will increase our costs dramatically, as we will be forced to tow more vehicles which are parked at 4400-58 Pacific Boulevard without permission. The application's "variance methodology" conclusions are inaccurate in stating that granting a variance to Pabco will have no affect on surrounding neighbors. The variance application fails to list conditions which would promote and/or guaranty no affect on the neighboring properties. Such conditions would include signage at the point of ingress/egress to 4460 Pacific Boulevard (a reciprocal easement between the Pabco plant and our property) directing Pabco visitors, guests, and employees where and how to legally park on the subject site. Further, signage provided by Pabco notifying such visitors; guests, and employees that trespassing and/or parking at 4400-58 Pacific Boulevard will result in the immediate removal of offending vehicles, must likewise be required. Additionally, any approval of the application under consideration must include provision for Pabco to clearly mark as "no parking" the area of the reciprocal easement which functions as a fire lane as well as Pabco clearly marking the ingress/egress access easement it enjoys on Santa Fe Avenue in a manner consistent with that described above. Mr. Wilson, Pacific Santa Fe Industrial Inc. respectfully submit that the impetus for the variance application is to further a land development project on Vernon Avenue; as such there is no compelling public benefit (and much injurious action for neighbors) in approving the variance application. If the City of Vernon will guaranty, through the conditions associated with application approval, that the current trespassing problem caused by Pabco's insufficient parking situation will be mitigated and that increased trespassing will not occur, Pacific Santa Fe Industrial will not oppose the variance application. Appropriate leadership and direction by the City of Vernon regarding resolution of these problems is required now. Sincerely, PACIFIC SANTA FE INDUSTRIAL INC. Justin Beimforde Property Superintendent P.323.951.0241 F.323.951.0239 8271 MELROSE AVE SUITE 200 LOS ANGELES, CA 90046 wwwAddevelopment, us Wilson, Kevin From: Christopher J. Diaz [CDiaz@rwglaw.com] Sent: Wednesday, August 12, 2009 1:26 PM To: Wilson, Kevin Cc: Gena Stinnett Subject: RE: Variance - Pabco Attachments: #2 Reso Pabco Building Products LLC Variance.DOC; Redline.rtf; #2 Reso Variance -- Pabco Building Products, LLC.DOC; Redline.rtf Kevin Attached are the revised staff report and resolution, along with two redline documents for ease in your review. Please note that I modified the CEQA exemption language, and also inserted a timeframe for the additional conditions being imposed. I suggest a 60 day timeframe for compliance, but if you believe more time may be needed on the part of the applicant, you may change this to 90 days for example, or insert a qualifier that could state "Within 60 days, or some other reasonable time that is to the satisfaction of the Direct of Community Services & Water..." Please let me know if you have any questions after you review these changes. Thanks Kevin. ChristopherJ. Diaz Richards, Watson'& Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 T 213.626.8484 F 2.13.626.0078 - cdiaz(a-rwglaw.com -----Original Message ----- From: Wilson, Kevin [mailto:KWilson@ci.vernon.ca.us] Sent: Wednesday, August 12, 2009 11:58 AM To: Christopher J. Diaz Subject: FW: Variance Pabco Attached is a revised staff report and resolution. We have made a slight revision to condition "d" and added conditions'J" and "k." If you have any questions please give me a call. In order to get in on the council agenda for. next meeting I will need it back in the next hour or two. From: Canales, Sergio Sent: Wednesday, August 12, 2009 l 1:27 AM To: 'bill.fraser@paccoast.com'; 'dave.evans@paccoast.com'; 'don friese@crlaurence.com'; Justin Beimforde Cc: Wilson, Kevin Subject: Variance Pabco Gentlemen, Attached for your review is the staff report that contains the two added conditions 0 & k). NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 2 g Fees � At-0 D ESTATE HCtl..�IF�r �,000.00 City of Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ZONING VARIANCE APPLICATION Application is hereby trade to the City of Vernon-, petitioning for a variance for the following described property: Legal description (give exact legal description): (A) see attached Preliminary Title Report (B) Proposed Legal Description After Lot Line Adjustment (see Exhibit A and Exhibit D). General location (give street address): 4460 Pacific Blvd and 4462 Vernon, CA 90058 Name of Applicant(s): C. R. Laurence Co., Inc. (Print or Type name of business) Mailing address: 2503 E. Vernon Avenue, Vernon, CA 90058 Phone# (323) 588-1281 Record Owner(s) of property: Pabco Building Products LLC (Name) Mailing address: P.O. Box 419074. Rancho Cordova, CA 95741 Phone# Property Owner(s) representative: Robert Sullivan, Thomsen Engineering, Inc (Name) Mailing address: 18611 East Gale Avenue, City of Industry, CA 91748 - Phone# 626-965-9350 ext 104 Relationship to Owner(s): El Engineer ❑Contractor ❑ Attorney ❑ Purchaser ❑Lessee _ Written consent of owner(s) must be attached. Present use of property: Paper Products Manufacturing Present Zoning: industrial Proposed Use of property: Paper Products Manufacturing How long has owner(s) held title to this property? 20+ years Are there any easements controlling the use of this property? MYes ❑ No If yes, describe Per the Preliminary Title Report Expiration date nia Page 1 of 3 Rev. 07/01/08 Are there any private or deed restrictions controlling the use of this property? 0 Yes ❑ No If yes, describe per the Preliminary Title Report, Covenant and agreement to hold two separate parcels of real property as one parcel per Inst. No. 85-701392 recorded June 18, 1995, See attach document. Variance applied for (described in detail the nature and purpose of this request for which the premises are to be used) attach additional sheets) if necessary: (a) Accept a proposed site -specific parking plan in lieu of City Standards, per Exhibit B, Item 1 (b) Perform a lot line adjustment to fix an odd shape lot, so the adjoining parcel to north can be improved to City Standards, per Exhibit B, Item 2 and Exhibit D. (c) Amend the provisions in the Covenant and Agreement recorded June 18, 1985 as inst. no. 85-701392, per Exhibit B, Item 3 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: Special Circumstances exist as described in Exhibit C, Item 1 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: Current parking demand imposed by strict application would be restrictive, as described by Exhibit C, Item 2 3. That the special conditions and circumstances do not result from actions of the applicant: Special nature of manufacturing operations are described by Exhibit C, Item 3 Page 2 of 3 Rev. 07/01/08 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: No special privilege, see Exhibit C, Item 4. 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: No impact on comprehensive plan, see Exhibit C, Item 5. NOTE: Non -conforming use of neighboring lands, structures, or buildings skull not be considered grounds for the issuance of a variance. Is the required site and design plot plans showing the area covered in the legal description and all existing and proposed improvements attached? El Yes ❑ No Are the required three (3) area maps attached? 17 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? 0 Yes ❑ No Is the required fee enclosed? 0 Yes ❑ 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 Page 3 of 3 Rev. 07/01 /08 C. R. Laurence Co. Inc 20503. E. Vernon Avenue, CA 90058 Variance Application EXHIBIT A: Legal Description PROPOSED PARCELS, AFTER LOT LINE ADJUSTMENT: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF PARCEL NO. 2, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP OF PARCEL MAP NO. 16575, FILED IN BOOK 176 PAGES 94 AND 95 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL NO. 2; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NO. 2, BEING A RADIAL LINE OF SAID PARCEL NO 2; SOUTH 15' 09' 49" EAST 31.51 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL NO. 2, NORTH 89° 26' 48" EAST 84.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST, SOUTH AND EAST BOUNDARY OF PARCEL NO.2 THE NEXT 3 COURSES, (1) SOUTH 00° 09' 03" WEST 187.50 FEET TO NORTH LINE OF PACIFIC BOULEVARD, 120.00 FEET WIDE; (2) THENCE ALONG NON TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS 1015.77, A RADIAL THROUGH SAID POINT HAVING A BEARING OF SOUTH 010 06' 42" WEST; THENCE EASTERLY 84.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 040 44' 51 "; (3) THENCE NORTH 000 09' 03" EAST 193.43 TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID PARCEL NO. 2; THENCE LEAVING SAID EAST LINE OF PARCEL NO.2 ALONG SAID PROLONGATION OF THE SOUTH LINE, SOUTH 890 26' 48" WEST 84.01 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: PARCEL NO. 2, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP OF PARCEL MAP NO. 16576, FILED IN BOOK 176 PAGES 92 AND 93 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. C. R. Laurence Co. Inc 20503 E. Vernon Avenue, CA 90058 Variance Application EXHIBIT B: Specific Requests That this facility be granted consideration of its unique nature and historical use by accepting a site -specific parking plan requirement based on the ability to provide minimum yet ample and sufficient numbers of on - site and off -site parking stalls with the maximum number employee and anticipated guests. 2. That the number of parking stalls on the Parcel of land on north side of Pacific Avenue be reduced to a site - specific need. , Allowing a portions of the land to be sold to C.R. Laurence Co. Inc. to adjust an odd shape lot. That the Covenant and Agreement be amended to allow Pabco Building Products LLC to sell portions of their land to C. R. Laurence Co. Inc. to make better use of C.R. Laurence. Co Inc. property. EXHIBIT C: Justifications 1. The special circumstance exist regarding item 1 of the application whereby the nature of the existing operations conducted at this facility do not demand the City required parking, which is based on building square footage. This facility only requires 10 employee, plus some office staff and miscellaneous operation support personel. Parking in support of this operation is adequate for its current and future needs. 2. The parking demand imposed by strict applications of the code would be restrictive in terms of ability of owner to sell a portion of the land. 3. The special conditions subject of this variance is not imposed by the owner but is more the nature of the manufacturing operations in which it is engaged. 4. The grant of variance would not bestow any special privileges on the owner and or applicant. The nature of the request pertains to a condition regarding equitable application of the intent of the zoning ordinance as to satisfying off-street parking demands within the bounds of any property. The owner has demonstrated its ability to satisfy this intent. The grant of variance should have no material impact regarding the general plan. All parking required under the intent of the applicable ordinance to support the specific parking demands of this facility will be adequately housed on site. EXHIBIT D: Lot Line Adjustment 1. C.R. Laurence Co. Inc shall submit a separate application for the Lot Line Adjustment as generally shown on the plan exhibit. The Lot Line Adjustment will be applied for in accordance with current subdivision requirements, with the intent of positioning this parcel in proper form to be disposed of separately and legally by Pabco Building Products LLC 2. All easements reservations will remain. The Lot Line Adjustment will not have any effect on the existing easements. 3. Subject area shown by the plan is used for parking, and will remain for parking. T, 4460 Paeffic Boulevard Vernon, CA 90058-2206 PABCupave, 123() 581-61113 '111INVO Fax (323) 581-0125 June 11, 2009 Kevin Wilson City of Vernon 4350 Santa Fe Ave Vernon, CA 90058 Dear Mr. Wilson: As you know, PABCO, Paper was approached some time ago by CR Laurence about purchasing the back portion of the PABCO parking lot located north of the, plant on Pacific Blvd. The purchase was to help CR Laurence squareoff a parcel of land they had purchased previously just South of Vernon Ave. The additional portion of property will allow CR Laurence to make more efficient use of the land available for their new warehouse installation. The parking lot currently contains 58 parking spaces. After the sale, the remaining portion will contain between 30 and 40 spaces. The PASCO plant currently runs a 24 hour a day operation. The swing and graveyard crews consist of no more than 10 employees. These employees currently park in the lot to the west of the main building because A is always empty during those hours- If required, they could use the perking lot across the street as there are more then an adequale number of spaces to meet their needs. On day shift, there are . additional office staff and miscellaneous operation support personnel. The office staff parks in spaces available inside the main building while the support personnel park in spaces along the back of the property. Some employees use spaces available to the west. of the main building d ana few, typically two or three, use the parking lot across the, street. If we shifted the employees f I rom the lot to the west to the parking lot across the street, the required spaces would still be less than 15 or less than half of the spaces available. Looking forward, PASCO will never have a need for more employee parking. The operation cannot be expanded in any way that Would require more personnel. This is limited by the type of machine and the products available for manufacture. The worst case parking requirement would be under 20 spaces. This is well under the amount available after the sale. Because of tills; PA8CO is requesting a variance from the current required parking space ordinance. If you have any questions concerning this matter, please feel free to call me. 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PABCO BU L®IING PRODUCTS, LLC o o(*Thomsen Civil Engineering & 18611 try cn� s,�aa 4460 & 4462 PACIFIC BOULEVARD Land Surveying 626-965-9350 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ).N.6182A ET2—??????.???? DWG.: RADIUS MAP DATE: MAY 2009 PREPARED BY: THOMSEN ENGINEERING., INC. PREPARED FOR:C. R. Laurence Co., Inc, 6 7 12 13 3876 N _ w D z � N 1 O 7 6 W >1 14 O O N O % 11 4323 P A C I F I C 5 N W B L V D `- 20 0 N w o SCALE: 1 "=300' W � � 9 � Q 5 a��h F-I � 8 Q W 10 O 7 4565 23 6 22 4600 15 2529 CHAMBERS 21 ST 21 4615 4620 16 15 4623 20 16 O6 I- 4641 W LLJ 19 � 17 z 46110 800 n _ 49th STREET 300' RADIUS MAP 32A ET2-??????.???? DWG.: RADIUS MAP DATE: MAY 2009 PREPARED BY: THOMSEN ENGINEERING., INC. PREPARED FOR:C. R. Laurence Co.. Inc. 12 — 13 3876 n N W 7 L Z N O 6 W >1 O w 14 11 to 5 to N 4323 20 P A C I F I C B L V D 0 D o o N w 0SCALE: 1 "=300' 9 � 5 I O 4600 15 4620 16 15 1 49th STREET 300' RADIUS MAP J.N:6182A ET2—??????,???? DWG.: RADIUS MAP DATE: MAY 2009 PREPARED BY: THOMSEN ENGINEERING„ INC. PREPARED FOR:C. R. Laurence Co., Inc 6 7 12 t3 3876 N _ W � zO 7 T 6 ¢I �W N 11 4323 5 N ' " P ACIFI C BLVD 20 0 N w L� 0 o o \ SCALE: 1 "=300' L 9 a <I a� ¢ O W V) O � 7 4565 23 6 E 22 4600 15 2529 - CHAMBERS 21 ST 21 16 15 -4615 4620 4623 20 16 O 4641 W Ld 19ry L7 17 z 4611 800 0- 18 _ 49th STREET 300' RADIUS MAP ^"Cry`" IEMPL4TES1600 ,"'an Paper rlFeed Paper L & D Real Estate Holding, LLC 2503 E. Vernon Avenue Vernon, CA 90058 Huas Investment Group, LLC 424 S, San Pedro Street Los Angeles, CA 90013 Pacific Santa Fe Industrial, Inc 8271 Melrose Avenue #20 Los Angeles, CA 90046 Pacific Santa Fe Industrial, Inc 8271 Melrose Avenue #200 Los Angeles, CA 90046. Pabco Building Products, LLC 1792 Tribute Road Suite 450 Sacramento, CA 95815 Los Angeles Junction Rail Cornpany 4433 Exchange Avenue Vernon, CA 90058 City of Vernon . 4305 Santa Fe Avenue Vernon, CA 90058 Kennedy Name Plate Co. 4509 Pacific Boulevard Vernon, CA 90058 ® for Easy Peel Featurer4m MUMM See instruction Sheet i for Easy Peel Featured LACMTA 4462 Pacific Boulevard Vernon, CA 90058 Eshage & Simin Neman 1363 Bonnie Beach Place Los Angeles, CA 90023 Noran Company 3301 Inglewood Boulevard Los Angeles CA 90066 Shalom Wolfingher 1591 S- San Mateo Drive Palm Springs, CA 922, Michael Melideo T 14617 Arrust nunta Street Van Nuys, CA 91402 Great American 5333 Holding &Inv. S. Do WneY Road Vernon, CA 90058 Santa Fe Properties, LLC Pacific West Management 16027 Ventura Boulevard Encino, CA 91436 Finkel R A Gst Exempt Trust 4811 Hampton Street Vernon, CA 90058 Yilliarn J. Kennedy III fichael E. Kennedy 501 Pacific Boulevard ernon, CA 90058 Carlos Mosto 749 Galleria Boulevard Roseville, CA 95678 11 S. Broadway, LLC N. Rodeo Drive Marache erly gills, CA 90210 411 Vie ran Family Trust Burbank wcrestDrive , CA 91504 > faciles a peter gabarit AVERY@ 57600 Sens de chargemen+ / AVE'Rya S 160 Ellen Orlando Karen Lehrer 120 Calle Bello Santa Barbara, CA 93108 Melasha LLC 2529 Chambers Street Vernon, CA 90058 Property Investment Co. P.O. Box 58487 Vernon, CA 90058 Ivery co W-AVEI PROPERTY OWNERS LIST STATEMENT The undersigned has duly prepared the attached "Property Owners List". The list includes all of the names, and respective addresses, of persons being owners of property any part of which is within 300 feet of the outer boundaries of the property in subject zoning case. This information is to be obtained from the latest available Los Angeles County Tax Assessment Roll. This list was prepared on Roll maintained at r.. _ 200 I from the Tax F J ffRU C. s' VU((f1E (Name and Location of office) FUG It is understood that the accuracy and completenesshis 'st ' th espo ibil' y of the applicant. Signed: (Perso o prepared list) a0 1 -c- On this day of �VVO-- 20 67 before me the and rst ,igned, a otar 9 Public in and for said County and State personally appeared 6- ,yov, -� - -- — proven to me to be the person that executed the within instrument. WITNESS my hand and official seal. � "OTac M otary Public in and for said County and State My commission expires: onto Signed. (Applicant) Chicago Title Company Commercial/Industrial Division, 700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300 Title Department: Chicago Title Company Attn: John Balassi / Jeff Hurd Email: BalassiJ@CTT.com & Jeff.HurdQCTT.com Phone: (213) 612-4158 & (213) 612-4155 Fax: (213) 612-4152 Order No.: 810020097-X02 Escrow Department: Chicago Title Company Attn: Kathy Robinson Phone: (619) 521-3400 Fax: (619) 282-5201 PRELIMINARY REPORT Property Address: 4460 & 4462 Pacific Boulevard, Vernon, California Dated as of. October 27, 2008 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules,. Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One.. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of :the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also, set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 Order No.: 810020097-X02 LEGAL DESCRIPTION PARCEL A: PARCEL NO. 2, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP OF PARCEL MAP NO. 16575, FILED IN BOOK 176 PAGES 94 AND 95 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL B: PARCEL NO. 2, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 16576, FILED IN BOOK 176 PAGES 92 AND 93 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. CLTA Preliminary Report Form - Modified (11-17-06) Page 3 Order No.: 810020097-X02 SCHEDULE B (continued) 2. Covenants, conditions and restrictions (but omitting any covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin,. ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) as set forth in the document Recorded: in Book 2665 Page 206, of deeds Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Affects: Parcels A and B 3. A right-of-way to construct and maintain zanjas thereon and right to use any and all zanjas now - existing or hereafter to be constructed thereon so far as necessary for the use of land conveyed. to Wallance Woodworth by Felipe Lugo, by deed. recorded in book 14 page 9 of deeds, as granted in said deed. Affects: Parcel A 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: a spur railroad or industry tracks Recorded: in Book 5996 Page 301, of deeds Affects: That portion of said land as described in the document attached hereto. Affects: Parcel B 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: two railroad spur tracks Recorded: in Book 4866 Page 13, of Official Records Affects: That portion of said land as described in the document attached hereto. Affects: Parcel B CLTA Preliminary Report Form - Modified (11-17-06) Page 5 Order No.: 810020097-X02 SCHEDULE B (continued) 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: ingress and egress to shipping/receiving areas (for truck -turning purposes) Recorded: March 29, 1985 as Instrument No. 85-349265, of Official Records Affects: That portion of said land as described in the document attached hereto. Affects: Parcel B 11. A covenant and agreement wherein the owners of said land covenant and agree that said land shall be held as one parcel and no portion shall be sold separately, which covenant is expressed to run with the land and be binding upon future owners. Recorded: June 18, 1985 as Instrument No. 85-701392, of Official Records 12. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount:' $175,000,000.00 Dated: March 26, 2003 Trustor: Pabco Building Products, LLC, a Nevada limited liability company Trustee: First American Title Insurance Company, a California corporation Beneficiary: Pacific Coast Building Products, Inc., a California corporation Loan No.: not shown Recorded: May 21, 2003 as Instrument No. 03-1441161, of Official Records. 13. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 14. Water rights, claims or title to water, whether or not disclosed by the public records. 15. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 16. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form - Modified (11-17-06) Page 7 Order No.: 810020097-X02 INFORMATIONAL NOTES (continued) Note No. 8: This Company will require for review the following documents from the following Limited Liability Company: Pabco Building Products, LLC, a Nevada limited liability company A. A copy of its Operating Agreement and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager. B. Confirmation that its Articles of Organization (LLC-1), and Certificate of Amendment (LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction (LLC-11) have been filed with the Secretary of State. C. If the Limited Liability Company is member -managed a full and complete list of members certified by the appropriate manager. D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory to the Company, that it has complied with California "doing business" laws, if applicable. CLTA Preliminary Report Form - Modified (11-17-06) Page 9 Order No.: 810020097-X02 INFORMATIONAL NOTES - - (continued) NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, :the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 CLTA Preliminary Report Form - Modified (11-17-06) Page I t �a1�I1R17.wAeaean!emir... Recorded at the request of CITY OF VERNON and mail to: City of Vernon 4305 Sante Fe Avenue Vernon, CA 90056-0805 es ..♦ooaasz n[V V 1 y - ... - RECOROER'S OFFICE LOS ANGUES CALIFORNIA MIN, g NM. JUN 1B ms � P?.ST. FEE $7 R 2 The undersigned hereby declares and certifies that it is the owner of two or more parcels of real property which are legally described as: Lot No. 2 as shown on Map of Parcel Map No: 16575 filed in Book Pages and of Parcel Maps in the y7 Office of the Recorder of the County of Los Angeles, State of California, and Lot No. 2 as shown on Parcel Map No. 16576 filed in Book , Pages and of Parcel Maps in the Office of the Recorder of said County. and which are located in the City of Vernon, County of Los Angeles, State of Cali- fornia. Said property is also known as 4444 Pacific Boulevard. The undersigned further represents and agrees that as a condition of receiving a building permit to construct a building or other type of facility on the above legally described real property in conformance with the parking requirements of the City of Vernon and satisfying the provisions of the Code of the City of Vernon with respect to the construction of buildings, the undersigned herein hereby covenants and agrees with said City that the above legally described parcels of real property shall be held as one parcel and that said property shall be used to satisfy the parking requirements and other provisions of the Code of the City of Vernon in conjunction with the construction and use'of the building or facility and no portion shall be divided or sold separately, or be used contrary to the covenants provided for herein. This covenant and agreement shall run with the land and shall be binding upon our- selves, and future owners, encumbrancers, their successors, heirs, assigness and shall remain in full force and effect until cancelled by mutual agreement of the parties hereto or their successors, recorded in the office of the County -Recorder of Los Angeles County. The undersigned further agrees to pay reasonable costs and reasonable attorney's fees in the event the City of Vernon is required to institute legal action to enforce the provisions of this agreement. Dated this 26th day of March 1985. PACIFI COAST PACKAGI r,OCORP ATTEST: By vG���2L By� L•4i e • �l.K G4 David A. Eklund, President '7n P. Luther, Secretary . = The City of Vernon hereby accepts the covenants contained herein and approves.the agreement to issue appropriate building permits upon the condition that the two separate parcels of real property be held and used as one parcel as provided for hereinabove. i Date this JT ay of _ (yam,- j 19 CITY OF VERNON By L nis C. Ma urg, Mayor ATTESTED: APPROVED AS TO FORM: By B ruce•V. Malkenhorst, City Me_rT David B. Brearley, CityAtt&Wney -------------- _-------------------- - [Corporation] -------------------------•----- STATE OF CALIFORNIA )ss COUNTY OF LOS ANGC_,S ) = On G�/,y/iOfl(<, l9Fi i before me, the undersigned, a ry NotaPublic in and for said State, personall'•y appeared p/�V%� G L( N I'D personally known, to me or proved to me on the basis of satisfactory evidence to be the person who executed the within >e instrument as the President, and J"GMfu LL�7 (-;� personally known to me or proved to on the basis ofof satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed - the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to.its by-laws or a resolution of its i= board of directors. = _ r WITNESS my hand and official seal. -------------------- SPAI, ,cEgA M MARTRJEZTARY EOICIAL Ft1BLIC "CALIF ORNIALOS ANGLI FS COUNTY M9 comm. expins IAN 10, 19BB .Notary Public for the S ate of i. California ✓ �= My Commission expires on: T ; - 8� 7D13f12 1 _ I- - �F RECORUING REOUESTEO NY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERMSE SHOWN BELOW, MAIL TAX STATEMENTS TO: Nwm str..i 1 Pacific Coast Building Products, In Add,m 3001 Eye Street qry Sacramento, California 95516 ice" L Attn: 'Jovid J. Lucchetti J Tid. Ord., No. E. ,. No. 184076-DvB r ati rf.� R 4 RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA P s . z pr. NM29.M5 THIS SPACE FOR RECORDEH"3 LJSE CORMRATION GRANT DEED SURVEY MONUMENT FEE $10. CODE 99 THE UNDERSIGNED GRANTOR(Sl DECLARE(S) DOCUMENTARY TRANSFER TAX It S_jbt DQ, (:Computed on fL41 value of propene oaWVyW, of O ComPrlad on fW4 value less value of Gent Or encurnbrtncw remaining st time of Lie, and FOR A VALUABLE CONSIDERATION, receipt of ehich is homby acknowledged, PACIFIC COAST PACKAGING CORP. a corporation organized under the laws of the smote of California hereby GRANT(S) to PACIFIC COAST BUILDING PRODUCTS, INC., a Cnlifornia corporation the following described real property in the city of Vernon County of Los Angeles State of California See aescription attached hereto as Exhibit A a.d incorporated herein by reference. This deed is in fulfillment of that certain Memorandum of Agreement by and between the above -mentioned parties recorded on July 26, 1984 as Instrument No. 84-897229, Dated March 28, 1985 It" Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and _ Secretary thereunto duly authorized. STATE OF CALIFORNIA PACIF O,O p 'y?(A G (,, 1,p. J OF vin t 0ta* w., +M urdanipwl, a Noun Pueiic in tnE tar f) y asid son M-011y sPaewwl Jo - Lu er S—Y PM0,611f *,town to r w lar aarwd m m 0- the bw. m atinactory twidorrel to ba do Wrwra woo.aacuue ON rit+in ir.tn~t a O+widw WW IS en WW101 9641/ 0' 171 X �� "rJ�%f w eorpwaeian *~ nen+a, aed aetAo,WniapT w dw OW PAM eppwpEpn ONOWod tM w+thA awenrrrm VurVAM to +ts 11"4mo d a ray jam at Iti oozed of dinetdn, OFITNESS and offitiai wel. Ot1HCIAl. S;AI, CFJNA M #AMM 000W rtI x-1`./41FOR" to No lei. f1�Me �' frM &M for 0',Ik el r4ft" "a) MAIL TAX STATEMENTS To PARTY SW" ON FOLLOWING LINE. IF NO PARTY $D SHOW MAIL AS DI RECTED AWVE Nana So Mt # ddrsis Y CttY ! State :l•AYCOLIk 7+t i/✓" GiGQG a / "7' r' EXHIBIT A LF,CAL DESCRIPTION i PARCEL A: Parcel No. 2 in the City of Vernon, County of Los Angeles, State of California, as shown on map of Parcel Map No. 16575 filed in Book 176 , Pages 94 and 95 of parcel Maps in the Office of the Recorder of said County. PARCEL B: Parcel No. 2 in the City of Vernon, County of Loa Angeles, State y of California, as shown on Parcel Map tao. 16576 filed in Book 176, Pages 92 and 93 of Parcel 'daps in the Office of the Recorder of said County. RESERVING THEREFROM an easement over that portion of Parcel No. 2 of said Parcel Map No. 16576 shown as "DETAIL "B" and identi- fied on said asap as "1.5' WIDE EASEMENT FOR RAILROAD PURPOSES TO BE RESERVED IN DOCUMENTS FOR THE USE OF PARCEL 1." ! ALSO RESERVING THEREFROM.an easement for ingress and egress ' purposes over and along the Westerly .).a feet of parcel No. 2 of said Parcel Map No. 16576. ALSO RESERVING T44EREPROM an easement for ingress and egress to shipping/receiving area (for truck -turning purposes) over that portion of Parcel 2 of said Parcel Map No. 16576 shown as the cross -hatched area on Exhibit B attached hereto and incorporated herein by this reference. PARCEL C.- Basements for ingress and egress purposes over and along the Easterly 10.00 feet and the Southerly 25.00 feet of Parcel 1 of said Parcel Map No. 16576, and an easement for ingress and egress to shipping/receiving area (for truck -turning purposes) over that portion of Parcel 1 of said Parcel Map No. 16576 shown as the cross -hatched area on Exhibit B attached hereto and incorporated herein by this reference. ` 5- 349265 (D105) Lli LL� 1 PACIFIC SOULEVARO �O� NAY tQ.a EXKie4 r *,a' 4;.IMW . roww; AW City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 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 DATE & TIME: APPLICANT: REQUEST: PROPERTY INVOLVED: Monday, August 10, 2009 at 9:00 a.m. (or as soon thereafter as the matter can be heard) Pabco Building Products, LLC Grant a variance from Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance, Restrictions on Non -Conforming Buildings and Uses. 4460 & 4462 Pacific Boulevard REVIEW OF: The application, maps, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, 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 to a stated time and place without further notice of a public hearing. Dated: r7/, e MANUELA GI ON City Clerk 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 July 29, 2009 Interested parties or property owners: Enclosed herewith for your information is a Notice of Public Hearing to consider an application for a variance for the property located at 4460 & 4462 Pacific Boulevard in the City of Vernon. The applicant, Pabco Building Products, LLC is applying for a variance from the Comprehensive Zoning Ordinance, Section 26.5.3-1(d), Restrictions on Non -Conforming Buildings and Uses. 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 August 10, 2009 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 Sincerely 'S#inu6l Keirin Wilson, P.E. Director of Community Services & Water EXcfiusivel Zndustriaf AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, SERGIO CANALES, Planning Assistant of the City of Vernon, do hereby certify that on Wednesday, July 29, 2009, mailed a copy of Notice of Public Hearing to be held on August 10, 2009, along with the attached letter regarding a variance application for Pabco Building Products, LLC located at 4460 & 4462 Pacific Boulevard in the City of Vernon from Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance, Restrictions on Non - Conforming Buildings and Uses, to the interested parties and owners on the attached list, by United States Mail with postage. Date: July 29, 2009 ergio C les, Planning Assistant State of California ) ) ss County of Los Angeles ) On c.� K �`. a � � �� 9 before me, �u l`t4 A notary public, personally appeared Sergio Canales who proved to me on the basis of satisfactory evidence to be the person(-) whose name(s) is/tee subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiss/dteir authorized capacity(4es), and that by his/her4theii signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Judith A. Lehr JUDITH A. LEHR 'j Commission # 1646965 Lo Notary PubliC - California Los Angeles County My Comm. Expires Feb 119,201 City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 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 DATE & Monday, August 10, 2009 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Pabco. Building Products, LLC REQUEST: Grant a variance from Section 26.5.3-1(d) of the Comprehensive Zoning Ordinance, Restrictions on Non -Conforming Buildings and Uses. PROPERTY 4460 & 4462 Pacific Boulevard INVOLVED: REVIEW OF: The application, maps, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, 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 to a stated time and place without further notice of a public hearing. Dated: r7 / ' MANUELA GI ON City Clerk 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 July 29, 2009 Interested parties or property owners: Enclosed herewith for your information is a Notice of Public Hearing to consider an application for a variance for the property located at 4460 & 4462 Pacific Boulevard in the City of Vernon. The applicant, Pabco Building Products, LLC is applying for a variance from the Comprehensive Zoning Ordinance, Section 26.5.3-1(d), Restrictions on Non -Conforming Buildings and Uses. 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 August 10, 2009 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 Sincerely 'S nukl Ke�in Wilson, P.E. Director of Community Services & Water EXchusivel Zndustriaf cast' very y.aoeysu�� Use Avery® TEMPLATE 51600 o �� See Instruction Sheet'!!iJ Paper for Easy Peel Featured �AVERY051600 �kFeed d 6308-006-011 6308-005-900 6308-009-031 2450 E. Vernon Avenue 4462 Pacific Boulevard 6308-009-021 Vernon, CA 90058 Vernon, CA 90058 4615 Hampton Street Vernon, CA 90058 6308-006-015 6302-018-017 6308-008-011 4433 Pacific Boulevard 3876 S. Santa Fe Avenue 2529 Chambers Street Vernon, CA 90058 Vernon, CA 90058 Vernon, CA 90058 6308-006-014 6302-020-061 6308-008-010 (NO ADDRESS) 2677 E. Vernon Avenue 4565 Pacific Boulevard Vernon, CA 90058 Vernon, CA 90058 6308-007-018 6308-006-004 4400 Pacific Boulevard 4320 S. Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 6308-007-019 6308-007-008 4460 Pacific Boulevard 6308-007-009 Vernon, CA 90058 4600-4620 S. Santa Fe Avenue Vernon, CA 90058 6308-007-805 6308-007-810 6308-007-010 (NO ADDRESS) (NO ADDRESS) 6308-006-904 6308-007-012 6308-007-903 6308-007-016 6302-020-902 4800 S. Santa Fe Avenue (NO ADDRESS) Vernon, CA 90058 6308-008-015 6308-009-030 4509 Pacific Boulevard 4811 Hampton Street Vernon, CA 90058 Vernon, CA 90058 6308-008-026 6308-009-018 (NO ADDRESS) 4641 Hampton Street Vernon, CA 90058 6308-008-025 6308-009-033 4533 Pacific Boulevard 4623 Hampton Street Vernon, CA 90058 Vernon, CA 90058 Etiquettes faciles h peler A Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1-800-GO-AVERY casy reel Laoeis ue i d ��• bee insEruction lneei 1 < Use Avery® TEMPLATE 51600 iVeed Paper for Easy Peel Feature�k L & D Real Estate Holding, LLC LACMTA 2503 E. Vernon Avenue 4462 Pacific Boulevard Vernon, CA 90058 Vernon, CA 90058 Huas Investment Group, LLC 424 S. San Pedro Street Los Angeles, CA 90013 Pacific Santa Fe Industrial, Inc 8271 Melrose Avenue #200 Los Angeles, CA 90046 Pacific Santa Fe Industrial, Inc 8271 Melrose Avenue #200 Los Angeles, CA 90046 Pabco Building Products, LLC 1792 Tribute Road Suite 450 Sacramento, CA 95815 Los Angeles Junction Rail Company 4433 Exchange Avenue Vernon, CA 90058 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Kennedy Name Plate Co. 4509 Pacific Boulevard Vernon, CA 90058 William J. Kennedy III Michael E. Kennedy 4501 Pacific Boulevard Vernon, CA 90058 3901 S. Broadway, LLC 723 N. Rodeo Drive Beverly Hills, CA 90210 Eshage & Simin Neman 1363 Bonnie Beach Place Los Angeles, CA 90023 Noran Company 3301 Inglewood Boulevard Los Angeles, CA 90066 Shalom Wolfingher 1591 S. San Mateo Drive Palm Springs, CA 92264 Michael Melideo Trust 14617 Arminta Street Van Nuys, CA 91402 Great American Holding & Inv. 5333 S. Downey Road Vernon, CA 90058 Santa Fe Properties, LLC Pacific West Management 16027 Ventura Boulevard Encino, CA 91436 Finkel R A Gst Exempt Trust 4811 Hampton Street Vernon, CA 90058 Carlos Mosto 749 Galleria Boulevard Roseville, CA 95678 Marachelian Family Trust 3411 Viewcrest Drive Burbank, CA 91504 AVERY051600 A Ellen Orlando Karen Lehrer 120 Calle Bello Santa Barbara, CA 93108 Melasha, LLC 2529 Chambers Street Vernon, CA 90058 Property Investment Co. P.O. Box 58487 Vernon, CA 90058 Etiquettes faciles a peter A Consultez la feuille www.averycom Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1-800-GO-AVERY Proof of Publication From: Bianca @ Eastern Group [mailto:advertise@egpnews.com] Sent: Wednesday, July 29, 2009 3:11 PM To: Canales, Sergio Cc: Wilson, Kevin; Arellano, Claudia; Lehr, Judy Subject: Re: Publication of Notice of Public Hearing - Pabco Building Products, LLC (Variance) Hi Sergio, Confirming receipt. Cost: $175.00 The size is 2 col. x 3.5" totaling 7.0 column inches (ci). At $25.00 per ci, the total is $175.00 per date. Thank you, Bianca Sanchez, Office Manager for Jonathan Sanchez, Associate Publisher Eastern Group Publications, Inc. 111 S. Avenue 59, Los Angeles, CA 90042-4211 323-341-7970 / Fax 323-341-7976