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Resolution No. 2013-039RESOLUTION NO. 2013-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A VARIANCE TO FORCE-44TH STREET, LLC FROM SECTION 26.4.1-7(G) OF THE VERNON CITY CODE, FOR THE PROPERTY LOCATED AT 4366 ALCOA AVENUE WHEREAS, Force-44th Street, LLC ("Force-44th") has requested a variance from Section 26.4.1-7(g) of the Comprehensive Zoning Ordinance; and WHEREAS, Force-44th owns three adjoining parcels: Parcel #1 (4366 Alcoa Avenue), Parcel #2 (4400 Alcoa Avenue), and Parcel #3 (4550 Alcoa Avenue); all three parcels are located in the I -Zone, Industrial; and WHEREAS, Force-44th has proposed to adjust the lot lines of these three parcels; and WHEREAS, the adjustment will increase the lot size of Parcel 2 (from 2.068 acres to 2.723 acres), decrease the lot size of Parcels 1 and 3 (from 1.372 acres to 0.875 acres, and from 2.972 acres to 2.815 acres, respectively) as shown on Exhibit "C"; and WHEREAS, Parcel 1 is an existing parking lot north of 4400 Alcoa Avenue, with 66 parking spaces and no buildings, Parcel 2 is fully developed with an industrial building and Parcel 3 is being developed with an industrial building; and WHEREAS, the subject property was part of the former Kal Kan site; due to the location of the existing building on Parcel 2, for the building to comply with the City's truck parking, loading and maneuvering requirements, the property line must be shifted to the north; and WHEREAS, this has caused Parcel 1 to be less than 1 acre, in violation of the minimum one acre lot size requirement specified in RESOCCO31913 Municipal Code Section 26.4.1-7(g); therefore, Force-44th is seeking a variance from the required minimum lot size requirement of one acre; and WHEREAS, Section 26.4.1-7(g) states that no lot shall be established for any use unless the lot is at least one acre in size; and WHEREAS, the property owner, 3450 Vernon Avenue, LLC, located at 3450 Vernon Avenue, wishes to buy Parcel 1 (the parking lot area) to provide additional parking spaces for its employees; and WHEREAS, the property site at 3450 Vernon Avenue which is occupied by Golden West Trading, meets the minimum requirements for automobile parking, truck parking and loading set forth in the City's Comprehensive Zoning Ordinance; however, its actual automobile and truck parking needs exceed the parking capacity of its site and overflow parking is needed; and WHEREAS, Section 26.5.1-6(d) allows parking to be provided on a separate lot or parcel within 1,500 feet from the main building, when parking is in a separate lot, a covenant is to be recorded restricting the use of the property to parking; and WHEREAS, a condition of the variance is that a covenant be recorded to restricting the use of Parcel 1 to truck or automobile parking for use by the property located at 3450 Vernon Avenue; and WHEREAS, granting of this variance will allow Force-44th to obtain a lot line adjustment in order to sell the lots individually; and WHEREAS; the Director of Community Services & Water has recommended that the City find that the Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance - 2 - RESOCCO31913 with Title 14, Chapter 3, Class 5, Section 15305, because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density. A Notice of Exemption will be prepared and filed with the County Clerk; and WHEREAS, the.City Council has received a Staff Report dated March 19, 2013, upon which it has relied in making the foregoing recitals; and WHEREAS, the City Council of the City of Vernon held a hearing on said application for a variance on March 19, 2013. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon further finds that all persons have had the opportunity to be heard or to file written comments to the proposed Project.and after due consideration of all the evidence submitted at the public hearing determines that there are compelling reasons to justify granting a Variance. SECTION 3: The City Council of the City of Vernon hereby finds that the Project is categorically exempt pursuant to Section 15305 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 4: The custodian of records for the Project and all other material that constitute the record of proceedings upon which the City Council's decision is based is the City Clerk of the City of 3 - RESOCCO31913 Vernon. Those documents are available for public review in the Office of the City Clerk located at 4305 Santa Fe Avenue, Vernon, California •11 SECTION 5: The City Council of the City of Vernon hereby approves the Variance from Section 26.4.1-7(g) of the Comprehensive Zoning Ordinance and the Variance is hereby granted to the Applicant for the Project based on the following findings as required by Section 26.6.2-5 of the Vernon Zoning Code: a. There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Without a variance, due to the layout of the Subject Property and the existing structures on the Subject Property, Parcel 2 would not be able to strictly conform to all development standards and still directly access the street in the same manner as the other properties in the vicinity and in the same zone. Likewise, without a variance, the loading docks could not be directly accessed in the same manner as other properties in the surrounding areas in the same zone. b. The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code. As a result of this lot line adjustment, truck parking, loading and maneuvering were required to be provided. Due to the space constraints on Parcel 2, the possibility of providing full conformity with truck parking, loading and maneuvering is not possible without the property - 4 RESOCCO31913 line being shifted to the north. Granting Force-44th Street, LLC a variance from the minimum lot size requirement will allow the substandard lot that was created by the lot line adjustment, to be utilized by an adjacent property via a covenant for the purpose of providing addition employee parking. Golden West's existing operation located at 3450 Vernon Avenue currently has inadequate parking facilities, and granting the variance, with the required conditions would ensure that the property at 3450 Vernon Avenue would use the land to reduce negative parking impacts. Failing to grant the variance would effectively encourage insufficient parking - one of the very things the zoning code was intended to avoid. Furthermore, the issuance of the variance would allow 4400 Alcoa Avenue to continue to be used for warehousing and distribution purposes. The strict application of the truck parking, loading and maneuvering requirements of the Comprehensive Zoning Ordinance would unnecessarily require Force-44th Street, LLC, to demolish a portion of its warehousing facility to provide unobstructed truck maneuvering space. C. The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties. First, Parcel 1 must be narrowed to' provide adequate access to the building on the property at 4400 Alcoa Avenue consistent 1 with the City's zoning requirements and therefore will not be granting a special privilege. Second, granting the variance will allow Force-44th Street, LLC to use the parking option in Section 26.5.1-6(d) - 5 - RESOCC031913 as other property owners would be able to do. As such, no special privilege is being granted by the approval of this variance. d. The project is otherwise consistent with the Zoning Ordinance and the General Plan, and in particular, Municipal Code Section 26.5.1-6(d) that provides that parking may be provided within 1,500 feet of the subject lot. Force-44th Street, LLC is required to record a covenant for Parcel l to be used solely for parking. As long as the applicant complies with this condition, both the variance and the overall project will be consistent with the objectives of the Comprehensive Zoning Ordinance and the General Plan. 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. First, as previously mentioned, the property site that Golden West Trading is currently occupying meets the Zoning Ordinance requirements for automobile parking, truck parking and loading, but is insufficient for the actual needs of the building's tenant. Second, acquisition of the parking lot area by 3450 Vernon Avenue, LLC, will provide additional necessary employee parking spaces. Therefore, no oh -street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. Third, the proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. The lot at 4366 Alcoa Avenue will continue to be used for parking in - 6 - RESOCCO31913 the same manner. f. The grant of the variance places suitable conditions on Force-44t" Street, LLC 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, 3450 Vernon Avenue, LLC will be required to enter into a covenant and agreement restricting the use of lot. This will assure that Parcel 1 remains tied with a covenant to the 3450 Vernon Avenue lot for parking purposes. The only uses allowed on the lot are those permitted in the I -Zone, and those uses are consistent with the surrounding industrial uses. SECTION 6: In order to adequately protect the public health and general welfare the following conditions are required: a. All uses 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. All uses shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The parking area 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 areas shall be striped in an manner acceptable 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, wrought iron fence or landscaping shall be maintained to meet City standards. - 7 - RESOCCO31913 d. Adequate on -site parking shall be maintained so that no on -street parking or staging will occur. All uses 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 Parcel 1 shall take place off -site or on the public street without prior approval from the Community Services Department. e. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. No inoperative vehicles shall be stored on -site. f. The parking area shall be maintained substantially in compliance with the site plan as submitted as part of this variance application, except as otherwise approved by the Director of Community Services and Water in writing. g. A covenant shall be recorded with the Los Angeles County Recorders office within 90 days from the date of approval, which ties Parcel 1 (4366 Alcoa Avenue) with the property located at 3450 Vernon Avenue. The covenant shall require that Parcel 1 be used solely for parking. The covenant shall run with the land until released by the City in writing. The covenant shall be in form that is acceptable to the Director of Community Services and Water, which approval shall not be unreasonably withheld. h. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City to 'revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. - 8 - - RESOCCO31913 SECTION 7: The Interim City Clerk, or Deputy City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 19t". day of March, 2013. I Pana Reed Interim City Clerk / i y APPROVED AS TO FORM: Scott Porter, Deputy City Attorney Name: William J. Davis Title: Mayor / Haya- 9 - RESOCCO31913 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Dana Reed Interim City Clerk / DapLt-y--G �iof the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2013-39, 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, March 19, 2013, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 5, day of March, 2013, at Vernon, California. (SEAL) Interim City Clerk / D pa fv City C>Qr1�' - 10 - RESOCCO31913 EXHIBIT C Ri W EAST LINE OF DEED ° o TO CITY OF VERNON INST N0, 20121557463 REC. 1012412012, OR �_ _1y00 '(�9 r� 110.2 ' POBAPCIs 1�2 SCALE: 1' =120' N0ov0'o, J 3c 65.34' 441h NW COR. OF PCL B INST. N0. 20111183661 R£C. 0910112011, OR P.D. of &x1 r21ru.1s1�i � "" pDr. L07 I I �' C 500 ACRE TRACE OF Z THE LOS ANGELES FRUIT LAND ASSO. CC M.R 3, PAGES I5F E VERNON AV£NU£ SOU1H UNE L ND TO 1 SOG AE TRACT OF I LOS ANGE REC 0,/ 3/27111145, 0, S FRUIT LAND ASSO. M.R 3, PATES 156 J 157 9.00 SM-59'25'E N tv LOT 7 PARCEL 1 PROPOSEDLOTLU I R. \ C T T 103 107 IOu IOS 104 103 1 77 S 10 LOT 7 T99 LQ w O ;3 op .79Z 80 it 8� a3 45TH ST 72 171 I 70 I 69 I 65 I 67 I 66 1 65 JA I 957RCE4 335 37 1 as —� PACKERS � AVENUE (vacated) 63 I- 62 41 1 42 I 43 92 3! 30 28 26 25 24 e3 22 N A P 5 0 0'K 7 4,� E 3 i POdPCL 3 N895759 33206 EXHIBIT ' C - LOT LINE ADJUSTMENT CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA 6CHECKED 1":1zo SEABOARD ENGINEERING CO. JOB No. 10-37b Y M. A 1100 S. BEVERLY DRIVE, STE 201 LOS ANGELES, CALIFORNIA 900135 DATE 11/28/2012 BY G. K.B, TEL. (310) 277-7337 FAX (310) 277-7339 SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 1 10-37AI000.dw9 (Ps) m�-Vernon-Avenme-- - il, I 11111H 1111 — - tt 3 '50 II H! i 366 PARCEL y NEW lot line --j ILUI! Existing lot line I , --------------- - ----- I AAnnI I'TI I T-J I ;U-1 LI I 11k I P RCEL2 Li Existing lot line --- zF Afe 1, 771 CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Dana Reed, Interim City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: Resolution No. 2013-39 - A Resolution of the City Council of the. City of Vernon Approving a Variance to Force-44th Street, LLC from Section 26.4.1-7(G) of the Vernon City Code, for the Property Located at 4366 Alcoa Avenue IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City f�rnon, County of Los Angeles, State of California, on this �1 day of March 2013. SEAL: Darla( Reed Interim City Clerk CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 25, 2013 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant � /� RE: Resolution No. 2013-39 A Resolution of the City Council of the City of Vernon Approving a Variance to Force-44°i Street, LLC from Section 26.4.1-7(G) of the Vernon City Code, for the Property Located at 4366 Alcoa Avenue Transmitted herewith is a certified copy of Resolution No. 2013-39 referenced above, which was approved by City Council on March 19, 2013. Please ensure that a copy of the Notice of Exemption filed with the County Clerk and the recorded Covenant is sent to the City Clerk's Office for the file. Thank you. Attachment c: Resolution No. 2013-39 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 NOTICE OF PUBLIC HEARING 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 & Tuesday, March 19, 2013 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Force-44`h Street, LLC REQUEST: Grant a variance from Section 26.4.1-7(g) of the Vernon City Code, which states that no lot shall be established for any use unless the lot is at least one acre in size. t PROPERTY 4366 Alcoa Avenue, Vernon, CA 90058 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. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. The conditions are designated to ensure protection of public health, safety and general welfare and the environment. 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 or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: r261XCX /A, Dana Reed, Iritenm City Clerk RECEIVED RECEIVED MAR 12 2013 MAR 13 2013 CITY ADMINISTRATION CITY CLERWS OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: March 19, 2013 TO: Honorable Mayor and City Council tv) FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Variance Application — Force-44th Street, LLC located at 4366 Alcoa Avenue RECOMMENDATION It is recommended the City Council find the Variance is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 5, Section 15305. It is further recommended the City Council adopt a resolution approving a variance from Section 26.4.1-7(g) which states that no lot shall be established for any use unless the lot is at least one acre in size, subject to certain conditions, to Force-44th Street, LLC for the property located at 4366 Alcoa Avenue. PROJECT Force-44`h Street, LLC has requested a variance from Section 26.4.1-7(g) of the Comprehensive Zoning Ordinance. Force-44th Street, LLC owns three adjoining parcels: Parcel #1 (4366 Alcoa Avenue), Parcel #2 (4400 Alcoa Avenue), and Parcel #3 (4550 Alcoa Avenue). All three parcels are located in the I -Zone, Industrial. Collectively, these Parcels will be referred to as the "Subject Property." Force-44th Street, LLC proposes to adjust the lot lines of these three parcels. The adjustment will increase the lot size of Parcel 2 (from 2.068 acres to 2.723 acres), decrease the lot size of Parcels 1 and 3 (from 1.372 acres to 0.875 acres, and from 2.972 acres to 2.815 acres, respectively) as shown on Exhibit "C". Parcel 1 is an existing parking lot north of 4400 Alcoa Avenue, with 66 parking spaces and no buildings. Parcel is fully developed with an industrial building. Parcel 3 is being .developed with an industrial building. -I- The subject property was part of the former Kal Kan site. Due to the location of the existing building on Parcel 2, for the building to comply with the City's truck parking, loading and maneuvering requirements, the property line must be shifted to the north. This would cause Parcel 1 to be less than 1 acre, in violation of the minimum one acre lot size requirement specified in Municipal Code Section 26.4.1-7(g). Therefore, Force-44`h Street, LLC is seeking a variance from the required minimum lot size requirement of one acre. There are special circumstances applicable to the lot that do not apply to neighboring properties. For example, the other lots in vicinity that are in the same zone are able to access their lots and loading docks directly from the street. If the "one acre minimum" requirement were to be strictly enforced, the owners of the property would face practical difficulties and unnecessary hardship. Because of the lot size, the layout of the lot, and the existing structures on the lot, the lot would not be able to strictly conform to all development standards and still directly access the street in the same manners as these other properties. Failure to allow the lot line adjustment would create an undue hardship to the applicant in that the applicant would be deprived of all productive use of his building merely because of the size of the lot. POLICY REASON FOR VARIANCE Force-44`h Street, LLC intends to adjust the lot lines of three parcels. One of the three proposed parcels (Parcel 1) will not meet the minimum lot size specified under Section 26.4.1- 7(g). The other two parcelsParcel 2 & 3) will meet the minimum lot size requirement. If the variance is issued, Force-44 Street, LLC could obtain a lot line adjustment, and sell the lots individually. The property owner, 3450 Vernon Avenue, LLC, located at 3450 Vernon Avenue, wishes to buy Parcel 1 (the parking lot area) to provide additional parking spaces for its employees. The property site at 3450 Vernon Avenue which is occupied by Golden West Trading, meets the minimum requirements for automobile parking, truck parking and loading set forth in the City's Comprehensive Zoning Ordinance. However, its actual automobile and truck parking needs exceed the parking capacity of its site and overflow parking is needed. A condition of the variance is that a covenant be recorded to restricting the use of Parcel 1 to truck or automobile parking for use by the property located at 3450 Vernon Avenue. VARIANCE METHODOLOGY As previously mentioned, Force-44`h Street, LLC is seeking a variance from the required minimum lot size requirement of one acre. Force-44`h Street, LLC is proposing to adjust the lot lines of three parcels. The adjustment of the lot lines will decrease the lot size of Parcel 1 (from 1.372 acres to 0.875 acres). Parcel 1 is an existing parking lot with 66 parking spaces and no building on it, and will continue to be used for the same purpose by Golden West Trading. Section 26.4.1-7(g) states that no lot shall be established for any use unless the lot is at least one acre in size. Therefore, Force-44a' Street, LLC is requesting a variance from Section 26.4.1-7(g) of the Vernon City Code. The circumstances surrounding the applicant's situation are unique in that other neighboring properties do not have the same physical constraints that preclude the lot from -2- providing direct access to its own property and to the loading docks. Without the lot line of Parcel 1 being moved north, the lot could not comply with the City's truck parking, loading and maneuvering requirements. Failure to allow the lot line adjustment would create an undue hardship to the applicant in that the applicant would be deprived of all productive use of his building merely because of the size of the lot. CEOA ANALYSIS The proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. This variance has been determined to be categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 5, Section 15305; because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density. A Notice of Exemption will be prepared and filed with the County Clerk. Staff finds that all of the findings required by Municipal Code 26.6.2-5 can be made, for the following reasons: a) There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Unlike the other properties in the vicinity, and in the same zone, without a variance the layout of the Subject Property, and the existing structures on the Subject Property, Parcel 2 would not be able to strictly conform to all development standards and still directly access the street in the same manner as the other properties in the surrounding areas. Nor could the loading docks be directly accessed in the same manner as other properties in the surrounding areas. b) The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code. As a result of this lot line adjustment, truck parking, loading and maneuvering were required to be provided. Due to the space constraints on Parcel 2, the possibility of providing full conformity with truck parking, loading and maneuvering is not possible without the property line being shifted to the north. Granting Force-441" Street, LLC a variance from the minimum lot size requirement will allow the substandard lot that was created by the lot line adjustment, to be utilized by an adjacent property via a covenant for the purpose of providing addition employee parking. Golden West's existing operation located at 3450.Vemon Avenue . currently has inadequate parking facilities, and granting the variance, with the required conditions would ensure that the 3450 would use the land to reduce negative parking impacts. Failing to grant the variance would effectively encourage insufficient parking — one of the very things the zoning code was intended to avoid. Furthermore, the issuance of the variance would allow 4400 Alcoa Avenue to continue to be used for warehousing and distribution purposes. The strict application of the truck parking, loading and maneuvering requirements of the Comprehensive Zoning Ordinance would unnecessarily require Force-44th Street, LLC, to demolish a portion of its warehousing facility to provide unobstructed truck maneuvering space. -3- c) The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties. First, Parcel 1 must be narrowed to provide adequate access to the building on the property at 4400 Alcoa Avenue consistent with the City's zoning requirements and therefore will not be granting a special privilege. Second, granting the variance will allow Force-44t' Street, LLC to use the parking option in Section 26.5.1-6(d) as other property owners would be able to do. As such, no special privilege is being granted by the approval of this variance. d) The project is otherwise consistent with the Zoning Ordinance and the General Plan, and in particular, Municipal Code Section 26.5.1-6(d) that provides that parking may be provided within 1,500 feet of the subject lot. Force-40 Street, LLC is required to record a covenant for Parcel 1 to be used solely for parking. As long as the applicant complies with this condition, both the variance and the overall project will be consistent with the objectives of the Comprehensive Zoning Ordinance and the General Plan. 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. First, as previously mentioned, the property site that Golden West Trading is currently occupying meets the Zoning Ordinance requirements for automobile parking, truck parking and loading, but is insufficient for the actual needs of the building's tenant. Second, acquisition of the parking lot area by 3450 Vernon Avenue, LLC, will provide additional necessary employee parking spaces. Therefore, no on -street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. Third, the proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. The lot at 4366 Alcoa Avenue will continue to be used for parking in the same manner. f) The grant of the variance places suitable conditions on Force-44`h Street, LLC 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, 3450 Vernon Avenue, LLC will be required to enter into a covenant and agreement restricting the use of lot. This will assure that Parcel 1 remains tied with a covenant to the 3450 Vernon Avenue lot for parking purposes. The only uses allowed on the lot are those permitted in the I -Zone, and those uses are consistent with the surrounding industrial uses. Therefore, it is recommended that the variance be granted with the following conditions imposed on Parcel 1 permit to adequately protect the public interests: a. All uses 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. All uses shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The parking area shall be maintained with a clean yard, free of debris, and in a manner that prevents the off -site migration of debris. -4- C. All parking areas shall be striped in an manner acceptable 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, wrought iron fence or landscaping shall be maintained to meet City standards. d. Adequate on -site parking shall be maintained so that no on -street parking or staging will occur. All uses 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 Parcel 1 shall take place off -site or on the public street without prior approval from the Community Services Department. e. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. No inoperative vehicles shall be stored on -site. f. The parking area shall be maintained substantially in compliance with the site plan as submitted as part of this variance application, except as otherwise approved by the Director of Community Services and Water in writing. g. A covenant shall be recorded with the Los Angeles County Recorders office within 90 days from the date of approval, which ties Parcel 1 (4366 Alcoa Avenue) with the property located at 3450 Vernon Avenue. The covenant shall require that Parcel 1 be used solely for parking. The covenant shall run with the land until released by the City in writing. The covenant shall be in form that is acceptable to the Director of Community Services and Water, which approval shall not be unreasonably withheld. h. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. -s- W d � W EAST LINE OF DEED �° o TO C17Y OF WRNON A 1NST. NO.. 20121557463 0 REC. 10/24/2012, OR � NL10 '69 P'�'� POBAPCts 1d2 SCALE: 1' =120' Noona o9'E2s 3l 65.34' ST 4 — NW COR. OF PCL BJ I INST. NO. 20111183661 REC. 0910112011, OR P.o.B Cf re".4. 6 por. LOT 11 ,- c c 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSO. C P4.R. 3, PAGES 155 & 757 Q SCALE 1":120' DRAWN BY M.A. CHECKED E. ITMON AVENUE TO ( SOU AC 1LE TRACT OF IE LOS ANGELES FRl1R LAND ASSO. OR M.R. 3, PArE5 156 h 157 7135'W 69 L o LOT 7 PARCEL 1 PROPOSEDLO%l f R \ C f 103 107 IO5 105 IOC 103 741 75 1 76 1 77 1 73 LOT 7 (v co(ed) r0 5 F IOIJ 1 O 93 9B Q 1 1 32 1 83 *P77O 59 +3738 65 65 O 4 63 - 52 O_ RCE 35 35 39M Wq0 41 42 43 _� PACKERS AVENUE � vocate 25' ' 1 0' 32 31 30 _ 28 27 26 25 P4 23 vn NI A P B 0 0 I( 7 4, POB"PCL 3 N69'5759 33206 EXHIBIT O C - LOT LINE ADJUSTMENT CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SEABOARD ENGINEERING CO. TDB No. 10-37b 1100 S. BEVERLY DRIVE, STE 201 LOS ANGELES, CAUFORNIA 90035 DATE 11/28/2012 TEL. (310) 277-7337 FAX (310) 277-7339 SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 1 :e=ciIBM f°'® P'mll�lii DATE: March 12, 2012 TO: Mark Whitworth, City Administrator li , FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Variance— Force-44`h Street, LLC located at 4366 Alcoa Avenue, Vernon, CA 90058 Force-44`h Street, LLC has requested a variance from Section 26.4.1-7(g) of the Comprehensive Zoning Ordinance, Site Planning Standards, for the property located 4366 Alcoa Avenue in the City of Vernon. After review of the application by the Community Services Department, it is recommended that the conditional use permit be granted. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Variance application and supporting information. 3. Notice of Public Hearing, affidavit of mailing and posting. The project is categorically exempt from the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 5, Section 15305. A Notice of Exemption will be prepared and filed with the County Clerk. In my opinion the proposed project will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon. Therefore, it is recommended that the variance be approved subject to the following conditions set forth below: CONDITIONS: a. All uses 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. I b. All uses shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The parking area 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 areas shall be striped in an manner acceptable 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, wrought iron fence or landscaping shall be maintained to meet City standards. d. Adequate on -site parking shall be maintained so that no on -street 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. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. No inoperative vehicles shall be stored on -site. f. The parking area shall be maintained substantially in compliance with the site plan as submitted as part of this variance application, except as otherwise approved by the Director of Community Services and Water in writing. g. A covenant shall be recorded with the Los Angeles County Recorders office within 90 days from the date of approval, which ties Parcel 1 (4366 Alcoa Avenue) with the property located at 3450 Vernon Avenue. The covenant shall require that Parcel 1 be used solely for parking. The covenant shall run with the land until released by the City. The covenant shall be in form that is acceptable to the Director of Community Services and Water, which approval shall not be unreasonably withheld. h. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. 1220101-2 0030 07/19/2012 001 40 Building Fees CHALPIER^ CORPORATINA $2,000.00 For Official Use Only Account No. 011.1041.468400 City of Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 I ZONING VARIANCE APPLICATION Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description): See attached legal description (Attachment 1) General location (give street address): 4366 Alcoa Avenue, City of Vernon, CA 90058 Name of Applicant(s): James Devling (Print or Type name of business) Mailing address: 7901 Crossway Drive, Pico Rivera, CA 90660 (562)948-4850 Record Owner(s) of property: Force-44th Street LLC Mailing address:7901 Crossway Drive, Pico Rivera, CA 90660 (Name) Phone# (562) 948-4850 Property Owner(s) representative: George K. Bemharth _ rlV afflef Mailing address: 110.0 S. Beverly Drive, Suite 201. Los Angeles, CA 90035 Phone# (310) 277-7337 Relationship to Owner(s)`. ® Engineer ❑Contractor ❑ Attorney ❑ Purchaser ❑Lessee Written consent of owner(s) must be attached. Present use of property: Parking Area Present Zoning: I (General Industry) Proposed use of property: Parking Area How long has owner(s) held title to this property? October 2010 Are there any easementsrnntrnllino tho nen of fhie nrnnnrlv'7 IgIVPc r-1 NT ---C ---- --- -- -•--V---`� - --- If yes, describe. There is an existing ingress and egress easement in favor of Abraham Isaac Salter and Lena Salter recorded in November 28, 1952 as Instrument No 1101, Book 40403 page 375, OR ^ Expiration date:,None Page I of 3 Rev. 07/11 Are there any private or deed restrictions controlling the use of this property? ❑ Yes ® No If yes, describe Variance applied for (described in detail the nature and purpose of this request for which the premises are to be used) attach additional sheet(s) if necessary: The lot at ea will be less than one (I) acre for Zone 1 per Section 28.28 of the Code - 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. I. 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: The lot area created is the resultant of the approved site development plan based on the parking requirement of the existing adjacent building. 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: The lot size limitation per Section 26 4 1-7(g) of the Code will render the site and deprive the applicant of an infrastructure development currently enjoyed by adjacent property owners. 3. That the special conditions and circumstances do not result from actions of the ! 1 1• 1 11 1 1 L _ "" i�i�7lY�i RlllpUNG9l11lLl3q! lugl!� Page 2 of 3 Rev. 07/II 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: The adjacent lots are created to more than one (1) acre and all infrastructure are currently in place and conforms to current standards. 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: The lot will be developed and maintained and/or operated in full compliance of the conditions of the Comprehensive General Plan, except for the land area. _ NOTE: Non -conforming use of neighboring lands, structures, or buildings shall 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? ® Yes ❑ No Are the required three (3) area maps attached? El 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? ® Yes ❑ No Is the required fee enclosed? El Yes ❑ No Make check or money order payable to: City of Vernon. I declare under penalty o erjury that to the best of my knowledge and belief the foregoing is true, com te, and accurate. or Owner(s) representative The lot area is created based on the existing infrastructure of the adjacent property to conform with the current parking requirement. Page 3 of 3 Rev. 07/I] ATTACHMENT 1 LEGAL DESCRIPTION THAT PORTION OF LOT 7 OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF ALCOA AVENUE, 50.00 FEET WIDE, AS SHOWN ON RECORD OF SURVEY, BOOK 176 PAGE 74 RECORDED AS FILE NO. 01-1250834, JULY 17, 2001 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DISTANT SOUTH 00° 00' 09" WEST 454.26 FEET FROM THE SOUTH LINE OF VERNON AVENUE AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING ON THE SOUTHWEST CORNER OF THE LAND DESCRIBED TO ABRAHAM ISAAC SALTER RECORDED ON MARCH 27, 1945 AS INSTRUMENT NO. 1267 IN BOOK 21840 PAGE 50, OFFICIAL RECORDS; THENCE ALONG THE SOUTH LINE OF SAID DEED, SOUTH 89° 59' 25" EAST 182.96 FEET; THENCE SOUTH 00' 00' 35" WEST 9.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 9.00 FEET MEASURED AT RIGHT ANGLES FROM SAID SOUTH LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 890 59' 25" EAST 133.71 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT WESTERLY 20.00 FEET MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE 100 FEET RIGHT-OF-WAY LINE OF THE LOS ANGELES DEPARTMENT OF WATER AND POWER, AS DESCRIBED IN THE DEED RECORDED IN BOOK 6702 PAGE 102 OF OFFICIAL RECORDS OF LOS ANGELES COUNTY; THENCE ALONG SAID PARALLEL LINE NORTH 00' 01' 30" WEST 146.29 FEET TO A POINT ON THE SOUTH LINE OF THE 17 FOOT RIGHT-OF-WAY OF THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, DESCRIBED IN DEED, RECORDED IN BOOK 5909 PAGE 265 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTH LINE, SOUTH 89° 57' 09" EAST 20.00 FEET TO A POINT ON SAID AFOREMENTIONED WEST LINE OF R-O-W LINE OF LADWP; THENCE ALONG SAID WEST LINE SOUTH 000 01' 30" EAST 247.53 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 65.34 FEET FROM THE SOUTH LINE SAID AFOREMENTIONED LOT 7 OF 500 ACRE TRACT; THENCE ALONG SAID SOUTH LINE, NORTH 890 59' 25" EAST 336.71 FEET TO SAID AFOREMENTIONED EAST LINE OF ALCOA AVENUE; THENCE ALONG SAID EAST LINE, NORTH 00° 00' 09" EAST 110.25 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 38.662 SQUARE FEET OR 0.888 ACRES PREPARED BY: GEORGE K. BERNHARTH SEABOARD ENGINEERING COMPANY 1100 S. BEVERLY DRIVE, SUITE 201 LOS ANGELES, CA 90035 /�ROFEssio,�q�� No. 13737 *\ Exp.3-31-2013 /* \FCNL\(O� Exhibit A, Variance Application Page I of I, 0612112012 PROJECT INFORMATION 4366 AOA AVE. VERNON CA. MS12-186 6D SCALE 1" = 200' W 4 01 W EAST LINE OF DEED eon TO CITY OF VERNON o INST. NO.. 2012155746J REC. 1012412012, OR &�1Do02d1 POL3APCLs 42 SCALE: 1' =120' NooVo o9'E25 3L 65.34' _ 441h — NW COR. OF PCL 8- INST. NO.. 2011118J661 REC. 0.910117011, OR P•O.B of Exikii rPmrcc6V I par. Of 11 j c c 500 ACRE_ TRACT OF W F TFIE LOS ANGELES FRUIT LAAIO ASS,. � CC M.R. 3. PAGES I55 r_ 157 Q C SCALE 1": 120' DRAWN BY M.A. CHECKED BY G.K.B. E. VERNON AVENUE SANE LAND TO soo Ac E TRACT of LDS ANGELS FRUTf LAND ASSO- REC. OJ/27/I945 OR �si M.R. 3, PArs 156 h 157 SDO1XI:i5•W �� _ LOT 7 is I LOT 7 PARCEL 1 I PROPOSED LOTLIN..,o uoerMnc�......i H 44TH t STREE (v toted) — — R. \ C f N q �6 5 5 ID3 107 106 105 104 103 10_ A 101? I 0 99 9B 7'' 75 76 77 73 79P �30 I 32 33 y N895759'W 331.88'45TH ST . (vacated) AIR�e'rW`in en — — /2 71Ij7059 5357 55 55 O 4 53 S2 OwvaCE 333 34 35 37 33 39R W40 41 42 413 _o PACKERS --i AVENUE Ier/ vacate 32 31 30 _ 22 27 25 25 a4 23 22 'A � 1'i A P B 0 0 K 7 4, �� E 3 3 POBT'PCL J N89'5759 33206 EXHIBIT ' C — L0T LINE ADJUSTMENT CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SEABOARD ENGINEERING CO. JOB NO. 10-37b 1100 S. BEVERLY DRIVE, STE 201 LOS ANGELES, CALIFORNIA 90035 DATE 11/28/2012 TEL. (310) 277-73,37 FAX (310) 277-7339 SEABOARD®SEABOARDENGCO.COM PAGE 1 OF 1 10-37AIcoa.dwg — — VernoirAvenue- - I l .Lill I GIVT i� 3450 II ; I III i - W 366 PARCEL 1 % — —_ - i!I 1771r .y - -,I NEW lot line I I, T I T 1«LINT] ..,... T. fi . 1 LJTI _ I Existing lot line I " = = Al ----- - 161 4400 RCEL 2 Existing lot line NEW of line f ii ,.� I�IiIi Yj I Ili I II II I I PARC L 3 aav -ql 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 Thursday, March 7, 2013, mailed a copy of Notice of Public Hearing to be held on March 19, 2013, regarding a Variance for Force-44th Street, LLC located at 4366 Alcoa Avenue, to the interested parties and agencies on the attached list, by United States Mail with postage. Date: State of California ) ) ss County of Los Angeles ) O Sergio Cainales, Planning Assistant On . "wet //.'y 3- before me, lvdili5o , notary public, personally appeared Sergio Canales who proved to me on th asis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hePA*Athey executed the same in hisAher/them authorized capacity(ies), and that by his#1er{theie 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. I WITNESS my hand and official seal. MARISDL TRUJILLO Commission # 1918415 Notary Public - California Z42 i.Los Angeles County 14 My Comm. Expires Dec 23, 2014+ 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 & Tuesday, March 19, 2013 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Force-44'h Street, LLC REQUEST: Grant a variance from Section 26.4.1-7(g) of the Vernon City Code, which states that no lot shall be established for any use unless the lot is at least one acre in size. PROPERTY 4366 Alcoa Avenue, Vernon, CA 90058 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. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. The conditions are designated to ensure protection of public health, safety and general welfare and the environment. 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 or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: - Dana Reed, In et r'im City Clerk 1 6303-010-042/6303-017-020,001 FORCE 44TH STREET LLC 2 6303-017-016 3 6303-010-273/6303-017-270,271,27276303-019-271 7901 CROSSWAY DR MARS PETCARE US INC 315 COOL SPRINGS BLVD L A CITY DEPT OF WATER & POWER PICO RIVERA CA 90660-4449 C007 FRANKLIN TN 37067-1632 R051 PO BOX 51111 LOS ANGELES CA 90051-5700 B903 4 6303-017-006.008,012,013 4441 DOWNEY ROAD LLC 5 6303-019-011,015 6 6303-019-010 3420 E VERNON AVE PACKAGING ADVNTGE PRPRTY ASSOC 4633 S DOWNEY RD ROBERTS MYRON K & M K & L A VERNON CA 90058-1812 C034 VERNON CA 90058-2511 C033 341 S WETHERLY DR BEVERLY HILLS CA 90211-3517 C053 7 6303-020-010 45TH STREET LLC 8 6303-016-002 9 6303-016-001 PO BOX 2591 METAL IMP CO INC 80 E STATE RT 4 #310 ST JOHN PATRICIA J FAMILY HUNTINGTON PARK CA 90255-1891 PARAMUS NJ 07652-2662 C011 495 BELLMORE WAY PASADENA CA 91103-3203 C012 10 6303- 10-e01.e03i6303-011 W2.e03s303-01r,e00 L A JUNCTION RY CO S B OF E PAR 1 11 6303-016-004 CITY OF VERNON 12 6303-011-037,041 4433 EXCHANGE AVE 4305 S SANTA FE AVE SAM PERRICONE INVESTMENTS CO IN, 3231 E 44TH ST LOS ANGELES CA 90039 VERNON CA 90058-1714 C034 VERNON CA 90058-2425 C044 13 6303-011-804,807/6303-010-800 UNION PAC R R CO S B OF E PAR 4 14 6303-011-052 3450 VERNON AVENUE LLC 15 6303-010-027,030,038 5480 FERGUSON DR 3420 E VERNON AVE VERNON INDUSTRIAL BUILDING LLC 5150 OVERLAND AVE LOS ANGELES CA 90040 VERNON CA 90058-1812 C034 CULVER CITY CA 90230A914 16 6303-010-901,902 VERNON CITY 17 6303-010-041 18 6303-010-031 3550 E VERNON AVE RIEDER ENTERPRISES LLC 3275 E VERNON AVE SALTER INVESTMENT LLC VERNON CA 90058-1814 C034 VERNON CA 90058-1820 C034 3021 MCCONNELL DR LOS ANGELES CA 900644639 6036 CEG CONSTRUCTION AM MAPPING CHRISTINA ANNA 7901 CROSSWAY DR 7211 HAVEN AVE E#375 PICO RIVERA CA 90660 ALTA LOMA CA 91701 Easy Peel® Labels ♦ Bend along line to AVERY®s16o® i Use Avery® Template 51600 Feed Paper expose Pop-up EdgeTM I 1 City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 Lucille Roybal-Allard Congresswoman 500 Citadel Drive, Ste 320 Commerce, CA 90040 L.A. County Board of Supervisors Director of Planning Gloria Molina James Hertl — Room 1390 Board of Supervisors 320 W. Temple Street 500 W. Temple St., Ste 856 Los Angeles, CA 90012 Los Angeles, CA 90012 South Coast Air Quality Mgmt District (AQMD) 21865 E. Copley Drive Diamond Bar, CA 91765 Brian Scanlon L.A. County Public Works Mapping & Property Mgmt. 900 S. Fremont Avenue, 10"' Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Bell, CA 90201 City of Cudahy Planning Department 5220 Santa Ana Street Cudahy, CA 90201 L.A. County Sanitation District P.O. Box 4998 Whittier, CA 90607 City of Maywood Planning Department 4319 Slauson Avenue Maywood, CA 90270 City of Los Angeles Planning Department 200 North Spring St. Los Angeles, CA 90012 City of Long Beach Office of the City Manager 333 W. Ocean Blvd., 131h floor Long Beach, CA 90802 E.J. Contreras Owens -Brockway 2901 Fruitland Avenue Vernon, CA 90058 California Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 State Clearinghouse P.O. Box 3044 Sacramento, CA 95812-3044 L.A. County Flood Control District 900 S. Fremont Avenue, 8`' Floor Alhambra, CA 91803 John Kinas United States Aluminum 3663 Bandini Boulevard Vernon, CA 90023 Ms. Gutierrez 924 S. Mott Street Los Angeles, CA 90023 James H. Hillands Heger Realty Corp. 5657 E. Washington Blvd. Los Angeles, CA 90040 Joseph R. Garruba California Portland Cement Co. 2025 E. Financial Way Glendora, CA 91740 J.J. Little J.J. Little Company, Inc. 9945 Malgar Drive Whittier, CA 90603 L.R. Luppen Metal Products Engineering 3050 Leonis Boulevard Vernon, CA 90058 Ellen Orlando Karen Lehrer 2300 E. 111h Street Los Angeles, CA 90021 Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA 90270 L.A. Unified School District So. Cal Edison Office of Environmental Health & Safety 1924 al Edison n Street 333 South Beaudry Ave., 20 Floor Compton, CA Street Los Angeles, CA 90017 0220 Attn: Mike Frazier Attention: Glenn Striegler Suk Chon County of Los Angeles Department of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 91802-1460 Dave Karrker California Water Service 5243 E. Sheila Street Commerce, CA 90022 Etiquettes faciles a peter i ♦ Repliez 6la hachure afin de www.avery.com Utilisez le abarit AVERY® 5160" i Sens de reveler le rebord Po u TM i 1-800-GO-AVERY 9 rharnement P" p Easy Peel® Labels Use Avery® Template 51600 Reynan L. Ledesma Department of Water & Power L.A. 111 N. Hope Street Los Angeles, CA 90012 Burlington Northern Santa 3770 E. Washington Blvd. Los Angeles, CA 90023 Attn: Dick Ebel Force-44Ih Street, LLC 7901 Crossway Drive Pico Rivera, CA 90660 ® Bend along line to Feed Paper expose Pop-up EdgeTM AT&T 100 W. Alondra Blvd., Rm 202A Gardena, CA 90248 Attn: Leslie Donaldson Fe Railroad L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Attn: Marion Alexander George K. Bernharth 1100 S. Beverly Drive, Ste 201 Los Angeles, CA 90035 AVERYO 51600 { 1 The Gas Company (So. Cal Gas Co.) P.O. Box 3150 San Dimas, CA 91773 James Devling 7901 Crossway Drive Pico Rivera, CA 90660 ttiquettes faciles a peler { Sens de Replieza la hachure afin de { www.avery.com Utilisez le gabarit AVERY® 5160� i charoement reveler le rebord Pop_UpTM 1-800-GO-AVERY AFFIDAVIT OF POSTING 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 I did, on the 7th day of March, 2013, post three (3) copies of - NOTICE OF PUBLIC HEARING, to be held on March 19, 2013, regarding a variance application for Force-44`h Street, LLC located at 4366 Alcoa Avenue in the City of Vernon from Section 26.4.1- 7(g) of the Comprehensive Zoning Ordinance. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board outside the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, Vernon, CA 90058. Date: �� �'1-161 Sergio State of California ) ) ss. County of Los Angeles ) Planning Assistant On before me, 0 notary public, personally appeared Sergio Canales who proved to me on the basis of s lasfactory evidence to be the person(s) whose name(s) is/tare subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/herMieir authorized capacity(ies), and that by his4*n*h& 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. -------------------- MARISOL TRUJILLO Commission a 1918415 QMg Notary Public - California iLos Angeles County Comm. Expires Dec 23, 2014+ 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 & Tuesday, March 19, 2013 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Force-44`" Street, LLC REQUEST: Grant a variance from Section 26.4.1-7(g) of the Vernon City Code, which states that no lot shall be established for any use unless the lot is at least one acre in size. PROPERTY 4366 Alcoa Avenue, Vernon, CA 90058 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. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. The conditions are designated to ensure protection of public health, safety and general welfare and the environment. 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 or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: i- I Dana Reed, Interim City Clerk I�M ,-Q'o/ 3 -,3y This page is part of your document - DO NOT DISCARD ,,yam 20130629334 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 04/26/13 AT 08:OOAM FEES: TAXES: OTRER: Pages:00 36.00 0.00 0.00 PAID: 36.00 IIIIIIY�I9I�IIIIII�WY�AIN�I�IIV� LEADSHEET I IIIIII I II IIIII IIIII IIIII IIIII I III I III III I III I IIII IIIII IIIII IIIII I III III IIII 201304260210011 00007618302 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 004822214 SEQ: 12 DAR - Title Company (Hard Copy) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII - - THIS FORM IS NOT TO BE DUPLICATED to EaWO CHICAGO TITLE COMPANY RECORDING REQUESTED BY AND MAIL TO: CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058 ATTN: CITY CLERK'S OFFICE *20130629334* SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE THE PROPERTY IS LOCATED IN THE CITY OF VERNON COVENANT AND AGREEMENT The undersigned hereby certify that we are the owners of real property located in the City of Vernon, State of California that is located at and is known by the following address:. 3450 E. VERNON AVENUE AND 4366 ALCOA AVENUE VERNON CA 90058 THIS COVENANT AND AGREEMENT (Covenant and Agreement") is made this day of ke ✓i 1 , 2013 by 3450 Vernon LLC and Force-44th Street LLC and approved by the City of Vernon a California municipal corporation (the "City of Vernon). WHEREAS, 3450 Vernon LLC and Force-44th Street LLC, are the owners of the real properties located in the City of Vernon, County of Los Angeles, State of California, that are located and known by the following addresses respectively: 3450 E. Vernon Avenue and 4366 Alcoa Avenue, and more particularly described on Exhibit A and shown on Exhibit B attached hereto and incorporated herein; and NOW, THEREFORE, 3450 Vernon LLC and Force-44th Street LLC hereby agree and covenant with each other and for the express benefit oLft(�C.ity_of.Vernon that the above described real property shall be held as one parcel and no portion shall be sold separately, except with the prior written consent of the City of Vernon. 3450 Vernon LLC hereby agrees and covenants with the City of Vernon to exclusively maintain and use the property owned by Force-44th Street LLC, located at 4366 Alcoa Avenue, for parking. THIS Covenant and Agreement shall run with the Property and shall be binding upon 3450 Vernon LLC and Force-44tk Street LLC, future owners of the Property, encumbrances, and their respective successors, heirs and assigns and shall continue in effect until released by the authority of the Director of the Department of Community Services and Water for the City of Vernon ("Director") or such successor governmental officials lawfully acquiring the duties of the Director, which shall be released upon submittal of request, applicable fees and evidence that this Covenant and Agreement is no longer required by applicable law. DATE: DATE: 3450 Vernon LLC Force-44th Street LLC BY: t Lt 401A APUA645 FBY- -�AWJr5 0 eV-Ittl _ �gWAW- Name, Name, Title ' ignature Sig alure Title oignature Signature I NATURES MUST BE NOTARIZED APPROVED BY: W DATED /(r 2013 el vin Wilson Director Commu ity Services & Water City of Vernon State of California County of 1-0 S �nev e On 1( d613 before me, Maisol I 00hA21 t'y,�J�Ir (Insert a of Wary Public mp Tice) personally appeared �Q YYILLP �P�/gut Init 1�n who proved to me on the basis of satisfactory evidence to be the perso%grwhose name(ej" is>rC subscribed to the within instrument and acknowledged to me that hey executed the same in hiso/�r authorized capacit a , and that by his signaturXeon the instrument the perso%A-f1 or the entity upon behalf on which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. --MARISOL TRUJILLO ComlMnlon * 1918415 WITNESS m hand and official seal. NouryAngel • Californiaount y Los Angeles County Mr Comm. Expires Dec 23, 2014 %e Signature o a (Seal) State of. '�(I ft, County of W S�1 QJW 1 On w41 u �7 before me, l'( y, % V t4� M&N � t� G (Insert Name of Nota Public and TO) personally appeared who proved to me on the basis of satisfactory evidence to be the personXwhose nam/is/ subscribed to the within instrument and acknowledged to me that fie//thy executed the`same in his/1)6/th/r authorizedcapacity(04, and that by his/hPAh it signature(yfthe person(4 on the instrument the person(, or the entity upon behalf on which the person 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. r CHRISTINABARBA or WITNESS my hand and official seal. U COMM. # 1909258 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY n COMM, EXPIRES OCT. 19 2014 Signature (Seal) 6' State of 1 Ayr[ p 1/M County of W kmAw tj On Gj `V 22 before me, �1 1 �� � I,� V� YV Y✓ 41 ( � (Insert Name of Notary Public a Ue) personally appeared 1 Q N t �1kk�/�Qn.V117t1y (/� who proved to me on the basis of satisfactory evidence to be the person whose name is/pKe subscribed to the within instrument and acknowledged to me that he//e/th4 executed the same in his/Vr/t�eKr authorized capacity(i , and that by his/kl*r5ltlir signaturj4the personO on the instrument the person; or the entity upon behalf on which the person 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. 0OIZIA�gvNRISTINA BARBA COMM. # 1909258 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY0 1OMM. EXPIRES OCT. 19, 2014 :� Signature �'� (Seal) EXHIBIT "A" LEGAL DESCRIPTION PARCEL A PARCELS 1 AND 2 OF PARCEL MAP NO. 15469, IN THE CITY OF VERNON, AS PER MAP FILED IN BOOK 168 PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THOSE PORTIONS DEDICATED TO THE CITY OF VERNON AND WAS ACCEPTED IN THAT CERTAIN GRANT DEED RECORDED AUGUST 4, 2006 AS INSTRUMENT NO.06 1728599, OFFICIAL RECORDS OF LOS ANGELES COUNTY. CONTAINING AN AREA OF 65,343 SQUARE FEET OR 1.500 ACRES PARCEL B THAT PORTION OF PARCEL A OF LOT MERGER RECORDED SEPTEMBER 1, 2011 AS INSTRUMENT NO.20111183660, OFFICIAL RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF ALCOA AVENUE, 55.00 FEET IN WIDTH, AS NOW ESTABLISHED, DISTANT NORTH 000 00' 09" EAST 65.34 FEET FROM THE NORTHWEST CORNER PARCEL B OF LOT MERGER RECORDED SEPTEMBER 1, 2011 AS INSTRUMENT NO.20111183661, RECORDS OF LOS ANGELES COUNTY; THENCE ALONG SAID EAST LINE OF ALCOA AVENUE, NORTH 00- 00' 09" EAST 110.25 FEET TO A POINT ON THE SOUTH LINE OF THE LAND DESCRIBED TO ABRAHAM ISAAC SALTER RECORDED ON MARCH 27, 1945 AS INSTRUMENT NO. 1267 IN BOOK 21840 PAGE 50, OFFICIAL RECORDS; THENCE ALONG SAID SOUTH LINE, SOUTH 891 59' 25" EAST 177.96 FEET; THENCE SOUTH 00° 00' 35" WEST 9.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 9.00 FEET MEASURED AT RIGHT ANGLES FROM SAID SOUTH LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 890 59' 25" EAST 133.71 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT WESTERLY 20.00 FEET MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE 100 FEET RIGHT OF WAY LINE OF THE LOS ANGELES DEPARTMENT OF WATER AND POWER, AS DESCRIBED IN THE DEED RECORDED IN BOOK 6702 PAGE 102 OF OFFICIAL RECORDS OF LOS ANGELES COUNTY; THENCE ALONG SAID PARALLEL LINE NORTH 000 01' 30" WEST 146.29 FEET TO A POINT ON THE SOUTH LINE OF THE 17 FOOT RIGHT-OF-WAY OF THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, DESCRIBED IN DEED, RECORDED IN BOOK 5909 PAGE 265 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTH LINE, SOUTH 89' 57' 09" EAST 20.00 FEET TO A POINT ON SAID AFOREMENTIONED WEST LINE OF RIGHT OF WAY LINE OF LADWP; THENCE ALONG SAID WEST LINE SOUTH 00° 01' 30" EAST 247.53 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY EzhibitA- Legal Description (10-3712012) Page I of 2, 0312112013 65.34 FEET FROM THE NORTH LINE SAID AFOREMENTIONED PARCEL B OF LOT MERGER; THENCE ALONG SAID PARALLEL LINE, NORTH 89159' 25" WEST 331.71 FEET TO SAID AFOREMENTIONED EAST LINE OF ALCOA AVENUE AND POINT OF BEGINNING. CONTAINING AN AREA OF 38,111 SQUARE FEET OR 0.875 ACRES PREPARED BY: 'd ai G GE K. BERNHARTH SEABOARD ENGINEERING COMPANY 1100 S. BEVERLY DRIVE, SUITE 201 LOS ANGELES, CA 90035 Exhibit A- Legal Description (10-3712012) Page 2 of 2, 0312112013 271.73' E. VERNON AVENUE — — — K. BE/ PARC LA No. 137 PARCEL MAP NO. 15469 BOOK 168 PAGES 43 do 44 PCL 1 PCL 2 3450E Ol/ A If. El LINE OF DEED 70 CITY OF WRNON INST. NO.. 20121557463 REC. 1012412012, OR--� SCALE: 1' =120' POB PCL E NOO'00 6A 44th ST. por. LOT 11 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSO. M.R. 3, PAGES 156 h 157 xp —. S N Tq� CIVo- y� OF CAS �F 500 ACRE TRACT OF �k THE LOS ANGELES FRUIT LAND ASSO. 9g M.R. 3, PAGES 156 do 157 Sg� y $8 LOT 7 A Lq I /U 2 REC. 03 2711 OR SWW'35'W $8939251E o U ' � PARCEL A, LOT MERGER Q �W'09-' INST. NO. 20111183660 na25' REC. 09/01/2011, OR PARCEL B 4366 ALCOA AvE �- - 44TN STREE PAR EL 8, LOT qERGINST. N0. 0111REC09/ 1/20 EXHIBIT ' B' - COVENANT AND AGREEMENT CITY OF VERNON. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE la:120' SEABOARD ENGINEERING CO. JOB No. 10-37 DRAWN BY 1100 S. BEVERLY DRIVE, STE 201 M.A. LOS ANGELES, CALIFORNIA 90035 DATE 11/28/2012 TEL. (310) 277-7337 FAX (310) 277-7339 CHECKED BY G.K.B. SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 1