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Resolution No. 2012-029RESOLUTION NO. 2012-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A BUILDING CODE VARIANCE TO TACOS EL GAVILAN, INC. FROM TABLE 705.8 OF THE CALIFORNIA BUILDING CODE, FOR THE PROPERTY LOCATED AT 2500 FRUITLAND AVENUE AND 5182 MALABAR STREET WHEREAS, Tacos E1 Gavilan, Inc. (hereinafter referred to as "Gavilan") owns and occupies the property located at 2500 Fruitland Avenue and 5182 Malabar Street in the City of Vernon (hereinafter referred to as the "Property"); and WHEREAS, on December 6, 2010, the City Council of the Vernon enacted Ordinance No. 1176, which became effective on January 5, 2011, adopting the 2010 California Building Code with Amendments (the "Building Code"); and WHEREAS, Gavilan is requesting a Variance from table 705.8 of the Building Code in order to allow the construction of two openings each measuring 4'-0"L x 8'-0"H and ll'-3"L x 8'-0"H in the property line walls along the common boundary of 2500 Fruitland Avenue and 5182 Malabar Street; and WHEREAS, 2500 Fruitland Avenue and 5182 Malabar are adjoining parcels under one ownership and if the properties were merged into one parcel the subject common walls could be considered firewalls, and in accordance with section 706.8 of the Building Code openings in a fire wall are permitted; and WHEREAS, Gavilan does not wish to merge the two lots at the this time so that in the future the buildings can be sold independently; and WHEREAS, City Staff is of the opinion that conditions can be placed on the variance so that no additional hazards will be introduced and the buildings protections will be equivalent to those prescribed in the Building Code; and WHEREAS, the City Council has received a Staff Report dated January 25, 2012, 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 from the California Environmental Quality Act because it is an existing facility pursuant to Section 15301 and a Notice of Exemption will be prepared and filed with the County Clerk. 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 15301 of the California Environmental Quality Act and directs the City Clerk, or the City Clerk's 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: A variance from table 705.8 of the 2010 California Building Code, is hereby granted to Tacos El Gavilan, Inc. located at 2500 Fruitland Avenue and 5182 Malabar Street. 2 SECTION 4: The variance granted is subject to the following conditions: a) A three-hour fire rated door assembly shall be provided and maintained at each of the openings in the property line wall. The door shall have fusible links on both sides. b) Upon any change in occupancy, ownership or use of either property, under a building permit the openings shall be sealed to meet the same fire rating as the original wall. c) Any violation of this variance will result in a revocation of the Certificate of Occupancy for the structure. SECTION 5: 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 the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7th day of February, 2012. Name: William J. Davis Title: / Mayor Pro-Tem -3_ STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-29, 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 Tuesday, February 7, 2012, and thereafter was duly signed by the Mayor or Mayor Pro -Tern of the City of Vernon. Executed this day of February, 2012, at Vernon, California. (SEAL) 4 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 8, 2012 TO: S. Kevin Wilson, Director of Community Services & Water p FROM: Willard Yamaguchi, City Clerk �v' "I RE: Resolution No. 2012-29 — A Resolution of the City Council of the City of Vernon Granting a Building Code Variance to Tacos El Gavilan, Inc. from Table 705.8 of the California Building Code, for the Property Located at 2500 Fruitland Avenue and 5182 Malabar Street Transmitted herewith is a copy of Resolution No. 2012-29 referenced above, which was approved by City Council on February 7, 2012. Thank you. WY:dj Attachment Sergio Canales Resolution No. 2012-29 RECEIVED �EDF,IVED JAN g12012 CITY CLERK'S OFFICE DATE: TO: FROM: RE: STAFF REPORT COMMUNITY SERVICES & WATER DEPAR January 25, 2012 Honorable Mayor and City Council Samuel Kevin WilsoDirector of Community Services & Water JAN 2 6 2012 CITY ADMINISTRATION Building Code Variance — Tacos El Gavilan, Inc., located at 5182 Malabar Street and 2500 Fruitland Avenue Tacos El Gavilan, Inc. ("Tacos El Gavilan"), owns and occupies both of the properties at 2500 Fruitland Avenue and 5182 Malabar Street. Tacos El Gavilan utilizes the buildings for food processing and distribution. Tacos El Gavilan is applying for this variance. Due to the nature of their business, they will need direct access between the two buildings in order to allow them to transfer food product effectively between the two buildings. By providing access between the two buildings, it will allow employees to get the necessary food and supplies to prepare without having the employees go through the parking lot in order to access the other building. They are proposing to construct two openings along the common property line. The 2010 California Building Code (CBC), Table No. 705.8 states that no openings in the exterior wall are allowed within 3 feet of the property line. Tacos El Gavilan is requesting a variance to construct two door openings, one measuring 11'-3" L x 8'-0" II and the other door measuring 4'-0"L x 8'-0"H. Tacos El Gavilan has requested a variance from the 2010 CBC, Table No. 705.8. In addition the applicant has stated that this variance, if granted, it will improve productivity. Since the openings will be in a common wall separating two buildings owned by the same individual, it is staff s opinion that this wall may be viewed as a fire wall. A fire wall is defined as a wall that extends vertically from the foundation to point 30-inches above the roof and horizontally to the outer edges of any horizontal element creating in essence two separate buildings. The objective of the fire wall is that a complete burnout can occur on one side of the wall without any effects of the fire being felt on the opposite side. Section 706.8 of the 2010 California Building Code allows openings in fire walls as long as they are properly protected per table 706.4 and do not exceed 25% of the length of the wall. In this case Tacos El Gavilan intends to provide a 3-hour fire rated door in conformance with the code for a fire wall. -I- It is anticipated that no additional hazards will be introduced if the variance is granted. The Fire Marshal has reviewed this proposal and is in agreement with my recommendation. Therefore, it is recommended that the building code variance be granted with the following conditions: 1. A three-hour fire rated door assembly shall be provided and maintained at each of the openings in the property line wall. The door shall have fusible links on both sides. 2. Upon any change in occupancy, ownership or use of either property, under a building permit the opening shall be sealed to meet the same fire rating as the original wall. 3. Any violation of this variance will result in a revocation of the Certificate of Occupancy for the structure -2- 1.ECE V ED , JAN 3 1 2012 Cm(CLERK'S OFFIEE •``•••,.w•° COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator 4✓ FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: January 25, 2012 SUBJECT: Building Code Variance for Tacos El Gavilan, Inc., located at 5182 Malabar Street and 2500 Fruitland Avenue Tacos El Gavilan has requested a building code variance from the 2010 California Building Code (CBC), Table No. 705.8, which states that "no openings in the exterior wall are allowed within three (3) feet of the property line " for the property located at 5182 Malabar Street and 2500 Fruitland Avenue in the City of Vernon. It is recommended that a building code variance from Table No. 705.8 of the California Building Code be granted with the following conditions: 1. A three-hour fire rated door assembly shall be provided and maintained at each of the openings in the property line wall. The door shall have fusible links on both sides. 2. Upon any change in occupancy, ownership or use of either property, under a building permit the opening shall be sealed to meet the same fire rating as the original wall. Any violation of this variance will result in a revocation of the Certificate of Occupancy for the structure A staff report is attached. The Fire Marshal has reviewed this proposal and is in agreement with my recommendation. If the variance is granted no additional hazards will be introduced. It is recommended that this item be placed on the February 7, 2012 City Council agenda. SKW/sc Attachment .. 11.i.011: Uu;_'C; 1Gf_UJLUii UU1 4u i� lQ ng ee' 'IIMS EL oH'S±IL.Hri s1j0iJ=i "0 s Tacos El Gavelar I' . Fri& ,yl December 16, 2011 City of Vernon Community Service & Water 4305 Santa Fe Ave. Vernon, CA 90058 Subject: Commercial Kitchen 5182 Malabar Street Vernon, CA 90058 Attention: Sergio A. Canales— Planning Assistant Dear Mr. Canales, We hereby request the City of Vernon to consider and issue a building code variance request for creating (2) two openings on the common wall between the commercial kitchen building on lot 4 & lot 5. The sizes of the opening will be 11'-3"L X 8'-0"H and 4'-0"L X 8'-0". The reason for these openings is to allow efficient and quality food preparation. By providing these openings employees can quickly get to necessary food and supplies to prepare without having the employees to go out to the parking lot in order to access the other building. Also it will keep the various employees from getting in each others way thereby improving operational performance. Thank you for your consideration. Attached, please find a check for $1,000.00 to process this variance request. Roberto a qu z—Presidents_ Tacos EI avilan, Inc. 2425 E. Florence Avenue — Huntington Park, Californa 90255 (923) 581-7309 — Main Office (323) 581-7334 Office FAX R.: C- ; \ ; . , � a '© ;! 7 m ! � e�•�W I � . <�\\^Ail , r\ $ ,s 23\°`, | °VERNON x / \ .ate : :ram , m9