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
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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.
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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�'
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EXHIBIT ' C - LOT LINE ADJUSTMENT
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
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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
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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
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Existing lot line
NEW of line
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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
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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
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Reynan L. Ledesma
Department of Water & Power L.A.
111 N. Hope Street
Los Angeles, CA 90012
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Los Angeles, CA 90023
Attn: Dick Ebel
Force-44Ih Street, LLC
7901 Crossway Drive
Pico Rivera, CA 90660
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Gardena, CA 90248
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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
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P.O. Box 3150
San Dimas, CA 91773
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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