Resolution No. 2015-036RESOLUTION NO. 2015-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING A VARIANCE TO ALCOA BEL AIR, LLC
FROM SECTION 26.5.1-6(d) OF THE VERNON CITY CODE,
FOR THE PROPERTY LOCATED AT 4700 ALCOA AVENUE
WHEREAS, Alcoa Bel Air, LLC on behalf of its tenant Bon
Appetit Danish, Inc. ("Bon Appetit") has requested a variance from
Section 26.5.1-6(d), Minimum Truck Parking Requirements, of the
Comprehensive Zoning Ordinance; and
WHEREAS, Alcoa Bel Air, LLC (the "Applicant") owns the
property located at 4700 Alcoa Avenue, in the City of Vernon; and
WHEREAS, Bon Appetit is proposing to lease the building from
Alcoa Bel Air, LLC located at 4700 Alcoa Avenue; and .
WHEREAS, the Property is located in the I -Zone, Industrial;
and
WHEREAS, Bon Appetit is a wholesale bakery manufacturer,
specializing in gourmet baking and distribution of top quality
Danishes, cakes, muffins and other baked goods; and
WHEREAS, the Applicant plans to demolish an existing 60,000
square foot building and construct a state of the art new manufacturing
building approximately 49,988 square feet in size; and
WHEREAS, the Applicant's development proposal would bring the
property into conformity with all development and site planning
standards; and
WHEREAS, the Applicant will comply with the minimum
requirements of the code by providing the required fifty (50)
automobile parking spaces, five (5) truck loading spaces, and two (2)
truck parking spaces; and
WHEREAS, the manufacturing operation proposed requires
three (3) outdoor silos for the storage of flour, as proposed the site
will not allow a building big enough to accommodate all their required
manufacturing line and the three (3) storage silos without infringing
into one (1) of the required truck parking stalls; and
WHEREAS, moving this operation to another City would be an
extreme hardship because Bon Appetit's operation depends on the
proximity of its existing manufacturing plants to their distribution
warehouse at 4820 50th Street; and
WHEREAS, due to the lot's space constraints, conforming to
the truck parking requirement would be difficult without reconfiguring
the proposed building foot print and parking lot, which would restrict
the Applicant from maximizing development of its lot merely because of
the truck parking requirement; and
WHEREAS, denying this variance would create an undue hardship
to the Applicant in that it would be deprived of the ability to fully
develop its lot; and
WHEREAS, given that the new facility would be providing
adequate parking and loading spaces to meet Bon Appetit's actual need
and Bon Appetit only needs one (1) truck parking space, mandating the
truck parking requirement would constitute an unnecessary hardship that
is inconsistent with the purposes of the Comprehensive Zoning Ordinance
of the City of Vernon, which are to authorize development that does not
create unreasonable impacts on neighboring properties; and
WHEREAS, Bon Appetit stated that trucks accessing the site
will consist of two (2) small -box trucks going back and forth between
the Alcoa facility and Bon Appetit's main distribution facility located
at 4820 50th Street delivering finished goods and no more than two (2)
trucks per day for deliveries of raw materials; and
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WHEREAS, Table 26.5.3-3, of the Comprehensive Zoning
Ordinance requires all nonconforming buildings to comply with all
development and site planning standards upon any increase in building
floor area and for all new construction (i.e. creating a new building
that is not attached to an existing building), in this case Alcoa Bel
Air, LLC intends to demolish the existing building and construct a
state of the art new manufacturing building; and
WHEREAS, the Applicant is requesting that it be permitted to
place three (3) silos on one (1) of the two (2) required truck parking
spaces with the understanding that upon any change in occupancy, or use
of the property, the permanent structures/equipment (3 silos) shall be
removed in order to provide the minimum number of truck parking spaces;
and
WHEREAS, the Director of Public Works, Water & Development
Services has recommended that the City find that the Project is
categorically exempt under the California Environmental Quality Act
(CEQA) in accordance with Class 32, Section 15332, "In -Fill Development
Projects", because: (i) the project is consistent with the City's
General Plan and zoning regulations, (ii) the proposed development
occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses, (iii) the project site has no
value, as habitat for any endangered, rare or threatened species, (iv)
approval of the project would not result in any significant effects
relating to traffic, noise, air quality or water quality; and (v) the
site can be adequately served by all required utilities, and public
services; and
WHEREAS, a Notice of Exemption will be prepared and filed
with the County Clerk; and
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WHEREAS, the City Council has received a Staff Report dated
June 16, 2015, 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 June 16, 2015.
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 proposed activity is categorically exempt pursuant to
Section 15332 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 proposed
activity 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 Vernon. Those documents are available for
public review in the Office of the City Clerk located at 4305 Santa Fe
Avenue, Vernon, California 90058.
SECTION 5: The City Council of the City of Vernon hereby
approves the variance from Section 26.5.1-6(d) of the Comprehensive
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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. The intended use of the lot constitutes a special
circumstance or condition that does not apply generally to other
properties in the same zone. Unlike other uses in the City, the
proposed lot will be used exclusively for manufacturing with very
little traffic. The tenant in this instance has a separate distribution
facility where the majority of the trucking operations take place. The
City is requiring that the project comply with the automobile parking,
truck parking, truck loading, and maneuvering requirements of the
current Comprehensive Zoning Ordinance. Because of their manufacturing
line they plan on placing three (3) silos on one (1) of the two (2)
required truck parking spaces. The tenant requires all of the building
space for its manufacturing operation. Therefore, the building size
cannot be reduced. In addition, moving their operation to another City
would be an extreme hardship because Bon Appetit's operation depends on
the proximity of its existing manufacturing plants to their
distribution warehouse at 4820 50th Street. Thus, the proposed use
constitutes a special circumstance that is not generally applicable.
b. The strict or literal interpretation or application of the
applicable development and site planning standards would result in
practical difficulties and unnecessary hardships that would conflict
with the purposes of the Zoning Code. The lot's space constraints make
conforming to the truck parking requirements difficult without
reconfiguring the proposed building foot print and parking lot, which
would restrict Applicant from maximizing development of its lot merely
because of the truck parking requirement. Denying this variance would
- 5 -
create an undue hardship to the Applicant in that it would be deprived
of the ability to fully develop its lot. Given that the new facility
would be providing adequate parking and loading spaces to meet Bon
Appetit's actual need and Bon Appetit only needs one (1) truck parking
space, mandating the truck parking requirement would constitute an
unnecessary hardship that is inconsistent with the purposes of the
Comprehensive Zoning Ordinance of the City of Vernon, which are to
authorize development that does not create unreasonable impacts on
neighboring properties.
C. The grant of the variance will not constitute a grant of
special privileges. Because of the unique size of the lot, the
requirement to meet the City's minimum code requirement for truck
parking is overly burdensome and unnecessary. Sufficient automobile and
truck parking will be provided to meet the needs and demands of the
property and will continue to do so with the granting of this variance.
As such, no special privilege is being granted by the approval of this
variance.
d. The project is consistent with the General Plan and complies
with other applicable zoning provisions. The General Plan land use
designation for the site is Industrial and its Zoning designation is
also industrial. The use of the property as a Bon Appetit operation is
consistent with general plan and will comply with all other applicable
zoning provisions.
e. A variance relieving the Applicant from Section 26.5.1-6(d)
of the Comprehensive Zoning Ordinance, minimum truck parking
requirements, will not adversely affect the interest of the public or
the interest of other residents and property owners within the vicinity
of the premises, because this variance would allow the placement of
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three (3) silos on one (1) of the two (2) required truck parking spaces
with the understanding that upon any change in occupancy, or use of the
property, the permanent structures/equipment (3 silos) shall be removed
in order to provide the minimum number of truck parking spaces and
ensure the parking goals of the Zoning Ordinance are met. The Applicant
is providing ample truck parking and loading spaces for its tenant's
needs. Additionally, no safety issues are being introduced by this
variance.
f. The grant of the variance places suitable conditions on the
lot to protect surrounding properties and does not permit uses that are
not otherwise allowed in the I -Zone, Industrial. The use is consistent
with the City's Zoning Regulations which permits manufacturing uses in
the I -Zone. The variance is conditioned upon compliance with the
parking requirements of the Zoning Ordinance. This will assure that
adequate on -site parking is maintained to minimize the possibility of
on -street parking or staging occurring and will ensure that the impacts
to the traveling public are minimized to a level of insignificance.
SECTION 6: In order to adequately protect the public health
and general welfare the following conditions are required:
a. The facility shall be operated in accordance with all
current codes, rules, and regulations and subject to permit fees as
adopted by the City of Vernon not otherwise addressed by this grant of
a variance.
b. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
C. At all times, all parking areas shall be: (1) striped in
a manner acceptable to the Director of Public Works, Water &
Development Services; (2) paved with a concrete or asphalt concrete
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paving or other surface reasonably acceptable to the Director of Public
Works, Water & Development Services; (3) adequately drained; and (4)
kept free of potholes, dust, mud, trash and weeds.
d. Adequate truck parking and loading shall be provided at
the site such that no trucks accessing the site shall be required to
stage in the public street or onsite other than at a loading dock or
truck parking space.
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. Upon any change in occupancy, or use of the property,
the permanent structures/equipment (3 silos) placed on the truck
parking space shall be removed in order to provide the minimum number
of truck parking spaces.
g. The parking and loading areas shall be maintained
substantially in compliance with the site plan as submitted as part of
this variance application, except as otherwise approved in writing by
the Director of Public Works, Water & Development Services.
h. Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City Council of the City of
Vernon to revoke this variance and require the removal of the silos and
installation of the truck parking stall, or take appropriate
enforcement action, including citation and or fines for a violation.
i. Not later than twenty (20) days from the date of
approval of the variance, the Applicant and Owner shall indicate, in
writing, its acceptance of and agreement with the conditions herein.
The Variance shall be void and of no force or effect unless such
written acceptance and agreement is submitted to the City within the
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twenty -day period.
j. Applicant, Owner, and any successors in interest shall
indemnify, hold harmless and defend the City of Vernon, its officers,
agents and employees from and against any and all claims, complaints or
petitions for: (1) damages, losses, expenses resulting from bodily
injury, sickness, disease, disability or death arising from the
operation of the facility excluding therefrom any such claim resulting
from the sole negligence or intentional wrongdoing of the City of
Vernon, its officers, agents or employees; (2) a peremptory writ or
other relief by way of injunction, mandamus, or administrative
mandamus; and/or (3) legal expenses and attorney's fees incurred by the
City of Vernon on behalf of any party in such actions or proceedings.
The City of Vernon does not waive its right to participate in the
defense of any such action.
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SECTION 7: The City Clerk, or Deputy City Clerk of the City
of Vernon shall certify to the passage, approval and adoption of this
resolution, and the City Clerk, or Deputy City Clerk, of the City of
Vernon shall cause this resolution and the 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 16th day of June, 2015.
ATTEST:
.'�7.
M ria E. Wyala
City Clerk
APPROVED AS TO FORM:
Brian Byun, Depu * City Attorney
Name: W. Michael McCormick
Title: Mayor / -
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Maria E . Ayala City Clerk / t., r +.,_ r, or f the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-36, 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, June 16, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 2 �2 day of June, 2015, at Vernon, California.
(SEAL)
is . Ayala
City Clerk / i
9
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 24, 2015
TO: S. Kevin Wilson, Director of Public Works, Water and Development Services
FROM: Deborah Juarez, Records Management Assistant P
RE: Resolution No. 2015-36 — A Resolution of the City Council of the City of Vernon
Approving a Variance to Alcoa Bel Air, LLC from Section 26.5.1-6(d) of the Vernon City
Code, for the Property Located at 4700 Alcoa Avenue
Transmitted herewith is a copy of Resolution No. 2015-36 referenced above, which was approved by City
Council on June 16, 2015.
Please ensure that a copy of the Notice of Exemption filed with the County Clerk is sent to the City
Clerk's Office for the file.
Thank you.
Attachment
c: Sergio Canales
Resolution No. 2015-36
RECEIVED
RED' �.�� �V ED JUN 0 9 2015
JUN 1 0 Z015 CITY ADMINISTRATION
CITYCLEaWSOI:FICE STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT [� A
DATE: June 16, 2015
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Public Works, Water and Development
Services Department
Originator: Sergio Canales, Assistant Planner
RE: Approval of a Variance Application for Alcoa Bel Air, LLC located at 4700
Alcoa Avenue
A. Find that approval of the variance proposed in this staff report is categorically exempt
under the California Environmental Quality Act (CEQA) in accordance with Class 32,
Section 15332, "In -Fill Development Projects," because: (i) the Project is consistent with
the City's General Plan and zoning regulations, (ii) the proposed development occurs
within City limits on a project site of no more than five acres substantially surrounded by
urban uses, (iii) the Project site has no value, as habitat for any endangered, rare or
threatened species, (iv) approval of the Project would not result in any significant effects
relating to traffic, noise, air quality, or water quality; and (v) the site can be adequately
served by all required utilities and public services; and
B. Adopt a resolution approving a variance from Section 26.5.1-6(d) of the Comprehensive
Zoning Ordinance, minimum truck parking requirement, subject to the recommended
conditions of approval, to Alcoa Bel Air, LLC, for the property located at 4700 Alcoa
Avenue.
BACKGROUND
Bon Appetit Danish, Inc. ("Bon Appetit") has been operating in the City of Vernon since 1992.
They are proposing to lease a building from Alcoa Bel Air, LLC (the "Applicant") located at
4700 Alcoa Avenue. Bon Appetit is a wholesale bakery manufacturer, specializing in gourmet
baking and distribution of top quality Danishes, cakes, muffins and other baked goods in the City
of Vernon. They currently have three manufacturing plants in the City and continue to grow.
Their business is expanding and a new facility is needed to keep up with demand. Instead of
-i-
relocating out of Vernon, Bon Appetit has chosen to occupy a property located at 4700 Alcoa
Avenue. Alcoa Bel Air, LLC is proposing to construct a new industrial building, approximately
49,988 square feet in size. The development proposal would bring the property into conformity
with the automobile parking, truck parking, truck loading, and maneuvering requirements of the
current City of Vernon Comprehensive Zoning Ordinance. The manufacturing operation
proposed requires three (3) outdoor silos for the storage of flour. As proposed the site will not
allow a building big enough to accommodate all their required manufacturing line and the three
(3) storage silos without infringing into one of the required truck parking stalls. Therefore, Alcoa
Bel Air, LLC is asking for a variance from the truck parking requirement Section 26.5.1-6(d) for
a temporary reduction from the two (2) required truck parking positions down to one (1) truck
parking space to accommodate the silo placements (see attached Site Plan "A").
PROJECT
Alcoa Bel Air, LLC plans to demolish an old 60,000 square foot building on the property, used
for warehousing and construct a new industrial building in its place. The new building will be
approximately 49,988 square feet in size. The replacement building will be leased to Bon Appetit
for a manufacturing facility and when constructed will fully comply with all zoning
requirements. However, as part of their manufacturing line they plan on placing three (3) silos on
one (1) of the two (2) required truck parking spaces. The silos would be removed if Bon Appetit
were to move from this location. Moving this operation to another City would be an extreme
hardship because Bon Appetit's operation depends on the proximity of its existing manufacturing
plants to their distribution warehouse at 4820 50'h Street. Alcoa Bel Air, LLC has owned the
property for about two years. The development will conform to current building and zoning
codes to provide full compliance for all future occupants (see attached Site Plan `B").
Table 26.5.3-3, of the Comprehensive Zoning Ordinance requires all nonconforming buildings to
comply with all development and site planning standards upon any increase in building floor area
and for all new construction. New construction means a new building that is not attached to an
existing building. In this case Alcoa Bel Air, LLC intends to demolish the existing building and
construct a state of the art new manufacturing building.
The Applicant's development proposal would bring the property into conformity with all
development and site planning standards. The Applicant will comply with the minimum
requirements of the code by providing the required fifty (50) automobile parking spaces, five (5)
truck loading spaces, and two (2) truck parking spaces. Because they plan on placing three (3)
silos on one of the two required truck parking spaces they would not comply with the truck
parking requirements contained in Section 26.5.1-6(d) of the Zoning Ordinance, thus prompting
this variance application.
The tenant states that trucks accessing the site will consist of two (2) small -box trucks going
back and forth between the Alcoa facility and Bon Appetit's main distribution facility located at
4820 50t' Street delivering finished goods and no more than two (2) trucks per day for deliveries
of raw materials. They also stated that all distribution of goods to retail centers will emanate
from the 50" Street distribution facility and the Alcoa facility will be used strictly as a
manufacturing facility (Bakery).
-z-
NEED FOR VARIANCE
Although the project complies with the automobile parking, truck parking, truck loading, and
maneuvering requirements of the current Comprehensive Zoning Ordinance, the project will not
comply with the requirement to have "two truck parking spaces" because they plan on placing
three (3) silos on one (1) of the two (2) required truck parking spaces.
Since, adequate parking and loading spaces to meet Bon Appetit's actual need, and no overflow
parking onto adjacent side streets and the surrounding area is anticipated, there does not appear
to be any need to provide the code required two (2) truck parking spaces.
Staff recommends issuance of the variance with a condition that any change in occupancy, or use
of the property, the permanent structures/equipment (3 silos) shall be removed in order to
provide the minimum number of truck parking spaces shown on the development plan.
CEOA ANALYSIS
The proposed project is categorically exempt under the California Environmental Quality Act
(CEQA) in accordance with Class 32, Section 15332, "In -Fill Development Projects", because:
(i) the project is consistent with the City's General Plan and zoning regulations, (ii) the proposed
development occurs within City limits on a Project site of no more than five acres substantially
surrounded by urban uses, (iii) the Project site has no value, as habitat for any endangered, rare
or threatened species, (iv) approval of the Project would not result in any significant effects
relating to traffic, noise, air quality, or water quality; and (v) the site can be adequately served by
all required utilities and public services. Therefore, the project complies with the findings listed
above and may be considered exempt from the California Environmental Quality Act under
Section 15332 of the CEQA Implementation Guidelines, and under CEQA Guidelines section
15061(b)(3). Therefore, a Notice of Exemption will be prepared and filed with the County
Clerk's office
VARIANCE FINDINGS
Staff finds the following to be true, and therefore recommends that the City Council make
similar findings:
a) The intended use of the lot constitutes a special circumstance or condition that does not
apply generally to other properties in the same zone. Unlike other uses in the City, the proposed
lot will be used exclusively for manufacturing with very little traffic. The tenant in this instance
has a separate distribution facility where the majority of the trucking operations take place. The
City is requiring that the project comply with the automobile parking, truck parking, truck
loading, and maneuvering requirements of the current Comprehensive Zoning Ordinance.
Because of their manufacturing line they plan on placing three (3) silos on one (1) of the two (2)
required truck parking spaces. The tenant requires all of the building space for its manufacturing
operation. Therefore, the building size cannot be reduced. In addition, moving their operation to
another City would be an extreme hardship because Bon Appetit's operation depends on the
proximity of its existing manufacturing plants to their distribution warehouse at 4820 50`h Street.
Thus, the proposed use constitutes a special circumstance that is not generally applicable.
-3-
b) The strict or literal interpretation or application of the applicable development and site
planning standards would result in practical difficulties and unnecessary hardships that would
conflict with the purposes of the Zoning Code. The lot's space constraints make conforming to
the truck parking requirements difficult without reconfiguring the proposed building foot print
and parking lot, which would restrict Applicant from maximizing development of its lot merely
because of the truck parking requirement. Denying this variance would create an undue hardship
to the Applicant in that it would be deprived of the ability to fully develop its lot. Given that the
new facility would be providing adequate parking and loading spaces to meet Bon Appetit's
actual need and Bon Appetit only needs one (1) truck parking space, mandating the truck parking
requirement would constitute an unnecessary hardship that is inconsistent with the purposes of
the Comprehensive Zoning Ordinance of the City of Vernon, which are to authorize development
that does not create unreasonable impacts on neighboring properties.
c) The grant of the variance will not constitute a grant of special privileges. Because of the
unique size of the lot, the requirement to meet the City's minimum code requirement for truck
parking is overly burdensome and unnecessary. Sufficient automobile and truck parking will be
provided to meet the needs and demands of the property and will continue to do so with the
granting of this variance. As such, no special privilege is being granted by the approval of this
variance.
d) The project is consistent with the General Plan and complies with other applicable
zoning provisions. The General Plan land use designation for the site is Industrial and its
Zoning designation is also industrial. The use of the property as a Bon Appetit operation is
consistent with general plan and will comply with all other applicable zoning provisions.
e) A variance relieving the Applicant from Section 26.5.1-6(d) of the Comprehensive
Zoning Ordinance, minimum truck parking requirements, will not adversely affect the interest of
the public or the interest of other residents and property owners within the vicinity of the
premises, because this variance would allow the placement of three (3) silos on one (1) of the
two (2) required truck parking spaces with the understanding that upon any change in occupancy,
or use of the property, the permanent structures/equipment (3 silos) shall be removed in order to
provide the minimum number of truck parking spaces and ensure the parking goals of the Zoning
Ordinance are met. The Applicant is providing ample truck parking and loading spaces for its
tenant's needs. Additionally, no safety issues are being introduced by this variance.
f) The grant of the variance places suitable conditions on the lot to protect surrounding
properties and does not permit uses that are not otherwise allowed in the I -Zone, Industrial. The
use is consistent with the City's Zoning Regulations which permits manufacturing uses in the I -
Zone. The variance is conditioned upon compliance with the parking requirements of the Zoning
Ordinance. This will assure that adequate on -site parking is maintained to minimize the
possibility of on -street parking or staging occurring and will ensure that the impacts to the
traveling public are minimized to a level of insignificance.
Therefore, it is recommended that the variance be granted with the following conditions imposed
on the permit to adequately protect the public interests:
a. The facility shall be operated in accordance with all current codes, rules, and regulations
and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant
of a variance.
b. The facility shall be operated in a manner that will prevent unsanitary conditions, odors
or other nuisances.
C. At all times, all parking areas shall be: (1) striped in a manner acceptable to the Director
of Public Works, Water & Development; (2) paved with a concrete or asphalt concrete paving or
other surface reasonably acceptable to the Director of Public Works, Water & Development
Services; (3) adequately drained; and (4) kept free of potholes, dust, mud, trash and weeds.
d. Adequate truck parking and loading shall be provided at the site such that no trucks
accessing the site shall be required to stage in the public street or onsite other than at a loading
dock or truck parking space.
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. Upon any change in occupancy, or use of the property, the permanent
structures/equipment (3 silos) placed on the truck parking space shall be removed in order to
provide the minimum number of truck parking spaces.
g. The parking and loading areas shall be maintained substantially in compliance with the
site plan as submitted as part of this variance application, except as otherwise approved in
writing by the Director of Public Works, Water & Development Services.
h. Noncompliance with any of the conditions herein shall constitute sufficient grounds for
the City Council of the City of Vernon to revoke this variance and require the removal of the
silos and installation of the truck parking stall, or take appropriate enforcement action, including
citation and or fines for a violation.
i. Not later than twenty (20) days from the date of approval of the variance, the Applicant
and Owner shall indicate, in writing, its acceptance of and agreement with the conditions herein.
The Variance shall be void and of no force or effect unless such written acceptance and
agreement is submitted to the City within the twenty -day period.
j. Applicant, Owner, and any successors in interest shall indemnify, hold harmless and
defend the City of Vernon, its officers, agents and employees from and against any and all
claims, complaints or petitions for: (1) damages, losses, expenses resulting from bodily injury,
sickness, disease, disability or death arising from the operation of the facility excluding
therefrom any such claim resulting from the sole negligence or intentional wrongdoing of the
City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of
injunction, mandamus, or administrative mandamus; and/or (3) legal expenses and attorney's
-5-
fees incurred by the City of Vernon on behalf of any party in such actions or proceedings. The
City of Vernon does not waive its right to participate in the defense of any such action.
Attachment(s)
1. Site Plan A and B
2. Variance Application and Supporting information
3. Proposed Resolution
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City of Vernon, Department of Commum $ervcees
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4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811
ZONING VARIANCE APPLICATION
Application is hereby made to the City of Vernon, petitioning for a variance for the following
described property:
Legal description (give exact legal description): tcE ATr?1C(-ii✓b
General location (give street address): 147UD ALCcoA A-L)c-rilUE-
Name of Applicant(s): At -Cot, F-& L, H-t 2 . L LC.
(Print or Type name of business)
Mailing address:_ 14525 61 S7-K'i C 7- 8OUt. EL/Aflb i ✓e-Ae,(k A) C fl jevScY
Phone#_ 323.5$'f . 950D
Record Owner(s) of property: A t-UA gV-L Ale, LL(..
(Name)
Mailingaddress: L1595 bjt)TTLIC'l 80L)L VA-)e6Y VE"Q CA 90053,
Phoue#,323.58 `i- 9SW
Property Owner(s) representative: EM ILK MAri.1D k-yP -- PACIFIC_. /nJDU5FP 1AL_
(Name)
Mailing address: to -W. PC f'1 S u i •T-E E . LDM&- &EAC ti _ CA 9ORO 3
Relationship to Owner(s): ❑ Engineer ❑Contractor ❑ Attorney ❑ Purchaser ❑Lessee _
i:"et-opmeljT" M &-Y' : Written consent of owrier(s) must be attached.
Present use of property: J ACl! IJT Present Zoning: T - 2-ooE;
Proposed use of property: h�l A r v FF�c r V r n1 (s-
How long has owner(s) held title to this property? S IDLE l L/LUw2-
Are there any easements controlling the use of this property'? ❑Yes O No
If yes, describe -1, ti a cpEC M n P r t`A tlrJI>. ('�'K IMP r ' 4/ lof l-C
Expiration date:
Are there any private or deed restrictions controlling the use of this property? ❑ Yes P4 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: _EF: AT1'i'G ttil
NOTICE TO APPLICANT: In the variance procedure it shall be shown that the following five
(5) conditions exist in reverence to the property being considered. The applicant should answer
the Following statements. If you have difficulty finding reasonable answers to the statements
contained in this application it may be an indication that your request has insufficient factors to
justify approval. (Attach additional sheet(s) if necessary.
1. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not generally applicable to other lands,
structures, or buildings in the same vicinity and zone: t9Gy_ A-tT-AC I C�
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, tinder the terms of this chapter: 4�. nrt t-MCN-Eb_
3. That the special conditions and circumstances do not result from actions of the
applicant: SL Pre-1-pC t KE
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: !Sr --fa AT Y1G4H=f
5. That the granting of such variance will be in harmony and not adversely affect the
Comprehensive General Flan: TYiI _HFD
NOTE:
Non -conforming use of neighboring lands, shuctw-es, 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? f Yes ❑ No
Are the required three (3) area maps attached? OYes ❑ 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?,pI Yes ❑ No
Is the required fee enclosed? b'Yes ❑ No
Make check or money order payable to: City of Vernon.
I declare tinder penalty of perjury that to the best of my knowledge and belief the
foregoing is true, complete, and accurate.
Signed: Date:_ �> / �I ls-
Property owners or &ner(s) representative
ALCOA BEL AIR, LLC
May 12, 2015
Mr. Kevin Wilson
City of Vernon
Department of Community Services
4305 Santa Fe Avenue
Vernon, Calfiomia 90058
Re: 4700 Alcoa Avenue, Vernon. California 90058
Dear Mr. Wilson:
Pacific Industrial has been hired by Alcoa Bel Air, LLC to act as development manager for the above
referenced site. They are hereby authorized to submit, coordinate, and answer questions regarding the
development of said site, including but not limited to, building plan submittals, permit issuance, and the
zoning variance application.
If you have any questions, please do not hesitate to contact me.
Rega
Mahasti Mashhoon
Member
Alcoa Bel Air, LLC
MMldab
4525 District Boulevard, Vernon, California 90058 (323) 584.9500
Zoning Variance Application
4700 Alcoa Avenue, Vernon
Application Page 2, Variance applied for:
Alcoa Bel Air, LLC dba Bon Appetit Bakery ("Owner") has been operating in the City of
Vernon since 1992. Aker 13 years, they currently have three manufacturing plants in the
City and continue to grow. Their business is expanding quickly and a new facility is
required in the Spring of 2016 to keep up with demand. Instead of relocating out of Vernon,
Owner has elected to redevelop the land they already own at 4700 Alcoa Avenue. The site
does not allow a building big enough to accommodate the required manufacturing line and
product storage silos. Therefore, Owner is asking for a variance for a temporary reduction
from two (2) required trailer parking positions down to one (1) provided trailer parking
position to accommodate silo placement in the truck court (See attached Site Plan A).
The proposed development will be built in compliance with all zoning and building codes
for future use: attached is a plan showing Owner will provide 5 of 5 required loading
positions and 2 of 2 required trailer parking positions (See attached Site Plan B). The
proposed variance would allow a temporary reduction from two required trailer parking
positions down to one provided trailer parking position to allow for silo storage. The silos
can easily be removed in the future and the missing trailer position can quickly be restored
if manufacturing operations cease.
Application Page 2, Question 1:
The proposed development is limited by the site square footage. The site does not allow a
building big enough to accommodate the required manufacturing line and product storage
silos. Their expansion must be complete by Spring 2016; finding another site and
constructing the new facility in time would not be possible. Moving their operation to
another city would be an extreme hardship because Owner's operation depends on the
proximity of its manufacturing plants to their distribution warehouse at 4820 50th Street. If
Owner has to relocate out of Vernon, this would result in decreased operations.
Application Page 2, Question 2:
Owner has a very specific operational requirement and is investing over 10 million dollars
in a state-of-the-art production line for 4700 Alcoa Ave. The operation will continue to be
consistent in its use and Owner has no doubt that additional trucks will NOT be needed in
the future as part of this production line.
Application Page 2, Question 3:
The proposed development is limited by the site square footage. The Owner has owned this
site for about two years and needs to utilize this project to accommodate expansion of its
operations. The development will conform to current building and zoning codes to provide
full compliance for all future occupants (see attached Site Plan B).
Application Page 3, Question 4:
Unlike many distribution users or speculative developers, Owner is asking for less truck use
than is allowed per code and has a very precise understanding of their operations. Owner
currently receives all deliveries of raw materials at their location at 4820 50th Street. From
there, supplies are broken down and delivered via smaller box trucks to each of the
production facilities, currently at 4525 District Blvd and 4529 District Blvd. The same
system will be used for 4700 Alcoa Ave and Owner will have no more than two (2) trucks
per day for deliveries. There are 5 loading positions and 1 parking position so it is clear that
there will always be an open truck position and no staging of vehicles will be needed onsite.
Application Page 3, Question 5:
The proposed development will be built in compliance with all zoning and building codes.
Attached is a plan showing that we are providing 5 of 5 required loading positions and 2 of
2 required trailer parking positions. Owner has no doubt that the temporary loss of the
single trailer parking position will NOT harm the property or General Plan. Owner will have
no more than two (2) trucks per day for deliveries. There are 5 loading positions and 1
parking position, which is more than adequate so it is clear that there will always be an
open truck position and no staging of vehicles onsite. Their operation is very precise and
there is no doubt that additional trucks will NOT be needed in the future as part of their
operation.
The undersigned has duly prepared the attached "Property Owners List". The list
includes all of the names, and respective addresses, of persons being owners of property
any part of which is within 300 feet of the outer boundaries of the subject property. This
information is to be obtained from the latest available Los Angeles County Tax
Assessment Roll.
This list was prepared on ��/ /jj_from the Tax Roll
maintained
(Name and Location of office)
It is understood that the accuracy and completeness of this list is the responsibility of the
applicant.
Signed: r--
(Person who prepare 1st)
On this day of �e the
undersigned, a Notary Public in and for said County and State personally appeared
known to me, or proven to me to be the person
that executed the within instrument.
WITNESS my hand and official seal
Notary Public in and for said County and State
My commission expires:
(Applicant)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LVVIX)
On . S 11, // before me,
name and
personally appeared v V LLC TkU
who proved to me on the basis of satisfactory evidence to)bd the rson(s) whose name( is/ e
Ps bscribed to the within instrument and acknoV�)el to me th he he/they executed the same in
her/their authorized capacity(ies), and thater/their si ure(s) on the instrument the
person(s), or the entity upon behalf of which thson(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 and and official seal. 1++++ 61�'Vg
nErnlI HEUEGRoaw
COMM. #1971846 tmo
Notary PublicCalllomla y
KERN COUNTY
Signatu (Seal) Comm. .MAR 11,2016
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Easy Peel® Labels i ♦ Bend along line to Q AVERY® 624OTM
Use Avery® Template 5160®/8160TM 11 Feed Paper expose Pop-up EdgeT" 1
6303-019-011 1
ALCOA BEL AIR LLC
4525 DISTRICT BLVD
VERNON CA 90058
6303-017-025 4
FORCE 44TH STREET LLC
7901 CROSSWAY DR
PICO RIVERA CA 90660
6303-019-012 7
3301 LEONIS LLC
11620 WILSHIRE BLVD #1000
LOS ANGELES CA 90025
6303-020-008 14
YANG PAUL J CO TR
3251 LEONIS BLVD
VERNON CA 90058
6303-025-024 17
DEUTSCH SDL LTD
2444 WILSHIRE BLVD #600
SANTA MONICA CA 90403
6303-026-007 20
RAHMANPOUR NEAMATOLLAH CO TR
1029 S SHERBOURNE DR
LOS ANGELES CA 90035
6303-016-001 2
PATRICIA J ST JOHN
495 BELLMORE WAY
PASADENA CA 91103
6303-017-272/019-271/026-270 5,11,22
L A CITY DEPT OF WATER AND POWER
PO BOX 51111
LOS ANGELES CA 90051
6303-019-013,14,15 8,9,10
PACKAGING PROPERTY ASSOCIATES LLC
4633 S DOWNEY RD
LOS ANGELES CA 90058
6303-020-010,012 15,16
45TH STREET LLC
9437 SANTA MONICA BLVD #208
BEVERLY HILLS CA 90210
6303-026-005 18
ISRAEL & LUCIA FEIT
3111 BEL AIR DR # 20F
LAS VEGAS NV 89109
6303-026-008 21
L A BANZAI
3300 LEONIS BLVD
VERNON CA 90058
6303-017-022 3
4441 DOWNEY ROAD LLC
PO BOX 58168
VERNON CA 90058
6303-019-010 6
MYRON K ROBERTS
341 S WETHERLY DR
BEVERLY HILLS CA 90211
6303-019-801,802 12,13
UNION PAC R R CO B OF E PAR 44 MAP
843-19-22B
1700 FARNHAM ST # 105-F
OMAHA NE 68102
6303-020-012 16
45TH STREET LLC
PO BOX 2591
HUNTINGTON PARK CA 90255
6303-026-006 19
FRANCIS K & TOREAY L LYNN
451 W LONGDEN AVE
ARCADIA CA 91007
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LEGAL DESCRIPTION
4700 ALCOA AVE, VERNON
THAT CERTAIN PARCEL OF LAND SITUATED, IN THE CITY OF VERNON, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AND BEING THAT PORTION OF LOT 21
IN THE 500 ACRE TRACT OF LOS ANGELES FRUITLAND ASSOCIATION, AS PER
MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF ALCOA
AVENUE, FORMERLY, MAGNOLIA AVENUE, AS SAID ALCOA AVENUE NOW EXISTS
50.0 FEET IN WIDTH WITH THE NORTHERLY LINE OF THE STRIP OF LAND 17.0
FEET IN WIDTH CONVEYED TO LOS ANGELES AND SALT LAKE RAILROAD
COMPANY, BY DEED RECORDED IN BOOK 15607 PAGE 262, OFFICIAL RECORDS, OF
SAID COUNTY; THENCE EASTERLY 336.90 FEET, ALONG SAID NORTHERLY LINE
TO THE WESTERLY LINE OF THE 100.00 FOOT STRIP OF LAND CONVEYED TO THE
CITY OF LOS ANGELES, BY DEED RECORDED IN BOOK 6788 PAGE 245, OFFICIAL
RECORDS, OF SAID COUNTY; THENCE NORTHERLY 420.20 FEET ALONG SAID
WESTERLY LINE TO THE NORTHERLY LINE OF SAID LOT 21; THENCE WESTERLY
336.83 FEET ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF ALCOA
AVENUE; THENCE SOUTHERLY 420.44 FEET ALONG SAID EASTERLY LINE TO THE
POINT OF BEGINNING.
EXCEPT THE NORTHERLY 170.00 FEET OF SAID LAND.
ALSO EXCEPTING THEREFROM
INCLUDING OIL AND GAS RIGHTS.
END OF LEGAL DESCRIPTION
ALL MINERALS AND MINERAL RIGHTS,
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QChicago Title Company
Commercial/Industrial Division,
700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-4300
Title Department:
Chicago Title Company
Attn: Dave Balassi
Email: Dave.Balassi(aDCTT.com
Phone: (213) 488-4394
Fax: (213) 488-4360
Order No.: 116744933-X49
Escrow Department:
Commerce Escrow
Attn: Duane Butler
Email: duane.butler@comescrow.com
Phone: (213) 484-0855
Fax: (213) 484-0417
PRELIMINARY REPORT
Properly Address: 4700 Alcoa Avenue, Vernon, CA
Dated as of. April 10, 2015 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible. Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not fist all liens, defects, and encumbrances affecting title to the land
CLTA Preliminary Report Form - Modified (11-17-06)
Page 1
Order No.: 116744933-X49
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Alcoa Bel Air, LLC, a Nevada limited liability company
3. The land referred to in this report is situated in the State of California, County of Los Angeles and
is described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Forth -Modified (11-17-06)
Page 2
Order No.: 116744933-X49
LEGAL DESCRIPTION
THAT CERTAIN PARCEL OF LAND SITUATED, IN THE CITY OF VERNON, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AND BEING THAT PORTION OF LOT 21 IN THE 500
ACRE TRACT OF LOS ANGELES FRUITLAND ASSOCIATION, AS PER MAP RECORDED IN
BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF ALCOA
AVENUE, FORMERLY, MAGNOLIA AVENUE, AS SAID ALCOA AVENUE NOW EXISTS 50.0
FEET IN WIDTH WITH THE NORTHERLY LINE OF THE STRIP OF LAND 17.0 FEET IN WIDTH
CONVEYED TO LOS ANGELES AND SALT LAKE RAILROAD COMPANY, BY DEED
RECORDED IN BOOK 15607 PAGE 262, OFFICIAL RECORDS, OF SAID COUNTY; THENCE
EASTERLY 336.90 FEET, ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF THE
100.00 FOOT STRIP OF LAND CONVEYED TO THE CITY OF LOS ANGELES, BY DEED
RECORDED IN BOOK 6788 PAGE 245 OFFICIAL RECORDS, OF SAID COUNTY; THENCE
NORTHERLY 420.20 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF
SAID LOT 21; THENCE WESTERLY 336.83 FEET ALONG SAID NORTHERLY LINE TO THE
EASTERLY LINE OF ALCOA AVENUE; THENCE SOUTHERLY 420.44 FEET ALONG SAID
EASTERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THE NORTHERLY 170.00 FEET OF SAID LAND
ALSO EXCEPTING THEREFROM ALL MINERALS AND MINERAL RIGHTS, INCLUDING OIL
AND GAS RIGHTS.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form- Modified (11-17-06)
Page 3
Order No.: 116744933-X49
SCHEDULE B
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
A. Taxes for the fiscal year 2015-2016 which are a lien not yet due and payable.
B. Property taxes, including any assessments collected with taxes, for the fiscal year 2014 - 2015
VInstallment; $27,177.57
2"dInstallment: $27,177.55
Code Area: 0010718
Assessors Parcel Number: 6303-019-011
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
1.
2.
3.
a
Intentionally omitted.
Intentionally omitted.
An unrecorded lease with certain terms, covenants, conditions and provisions as set forth therein as
disclosed by a document.
Lessor: Packaging Advantage Property Associates, LLC, a California limited
liability company
Lessee: Packaging Advantage Corp., a California corporation
Disclosed By Memorandum of Lease
Recorded: April 18, 2000 as Instrument No. 00-0577996 of Official Records
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
Intentionally omitted.
Water rights, claims or title to water, whether or not disclosed by the public records.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 4
Order No.:116744933-X49
SCHEDULE B
(continued)
6. Any rights, claims or interests that may exist or arise by reason of the following facts disclosed by a
map dated December 12, 2011 of an ALTA/ACSM Land Title Survey completed during November
of 2011 prepared by or under the direction of Jerald E. Anhorn, Jr., of or for Cornwell and
Associates, Inc., Job No. 251-18:
(a) Railroad tracks on the south side of the subject property enter from the east adjoiner.
(b) An asphalt concrete driveway extends across the east line of surveyed property.
(c) There are post indicator valves and a fire sprinkler connection on the north side of surveyed
property.
7. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
Order No.: 116744933-X49
INFORMATIONAL NOTES
Note No. 1: Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation regulates the disbursement of funds deposited with any title entity acting in an escrow or
sub -escrow capacity. The law requires that all funds be deposited and collected by the title entity's
escrow and/or sub -escrow account prior to disbursement of any funds. Some methods of funding
may be subject to a holding period, which must expire before any funds may be disbursed. In order
to avoid any such delays, all funding should be done via wire transfer. Funds deposited with the
Company via wire transfer may be disbursed upon receipt. Funds deposited by cashiers checks,
certified checks, and teller's checks is one business day after the day deposited. Other checks may
require hold periods from two to five business days after the day deposited, and may delay your
closing. The Company may receive benefits from such banks based upon the balances in such
accounts. Such benefits will be retained by the Company as part of its compensation for handling
such funds.
Note No. 2: The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the services rendered
or the purpose for which the report is used, but in no event shall said charge be less that the
minimum amount required under Section 12404.1 of the Insurance Code of the State of California.
If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then
the minimum cancellation fee shall be that permitted by law.
Note No. 3: California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, withhold 3-1/3% of the total sales price
as California State Income Tax, subject to the various provisions of the law as therein contained,
and as amended.
Note No. 4: Wire Transfers
In the event your transaction is being escrowed by a Chicago Title ojfzce, contact should be made
with the ojf1ce to obtain correct wiring instructions. Failure to do so could result in a delay in the
receipt offunds and subsequent closing ofyour transaction.
Chicago Title will disburse by wire -out only collected funds or funds received by confirmed
wire -in.
The Company's wire -in instructions are
Bank:
Bank of America
275 Valencia Blvd, 2nd Floor
Brea, CA 92823
Bank ABA No.:
0260-0959-3
Account Name:
Chicago Title Company, Broadway Plaza Office
Account No.:
12351-50737
For Credit To:
Chicago Title Company
700 South Flower, Suite 800
Los Angeles, CA 90017
Order No.:
116744933-X49
CLTA Preliminary Report Form- Modred (11-17-06)
Page 6
Order No.: 116744933-X49
INFORMATIONAL NOTES
(continued)
LENDER NOTE: On the DATE you fund the Loan and WIRE Funds to Chicago Title and
reference the above Order Number, you must send written NOTICE to
the Title Officer's Unit by messenger or E-Mail that you sent the Funds.
Chicago Title will send an E-Mail acknowledging receipt of the funds as
soon as practicable.
Chicago Title will NOT be responsible for any delay in Closing and
Recording the transaction, nor will Chicago Title be liable for any claim
of lost Interest unless such written Notice is sent the day of Funding and
Chicago Title has acknowledged receipt of funds.
Note No. 5: Your application for title insurance was placed by reference to a street address or
assessor's parcel number. Based upon our records, we believe that the description in this report
covers the parcel that you requested.
To prevent errors, we require written confirmation that the legal description contained herein covers
the parcel that you requested.
Note No. 6: The plat, (map), which is attached to this report, is to assist you in locating land with
reference to streets and other parcels. While this plat is believed to be correct, the Company
assumes no liability for any loss occurring by reason of reliance thereon.
Note No. 7: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 8: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 7
Order No.: 116744933-X49
INFORMATIONAL NOTES
(continued)
Note No. 9: Important notice regarding documents to be recorded in the Los Angeles County.
Please review the following CRITICAL MESSAGE from the Los Angeles County Recorder's
Office as it will likely impact your closing:
SUBJECT: ACCEPTANCE OF NOTARY ACKNOWLEDGEMENTS
Effective May 1, 2008, the Los Angeles Registrar-Recorder/County Clerk's Office will work
diligently to be more efficient in examining notary acknowledgements as our part in minimizing
notary fraud. In our efforts, we will strictly adhere to the following requirements for accepting
Notary Acknowledgments/Certificates:
• Notaries must comply with the requirements set forth by the state where the oath is
administered.
• Notary Acknowledgments/Certificates may not contain white -out, corrective tape, arrows
and/or asterisks.
• Notary Acknowledgments/Certificates completed by a California Notary that are destined for
recording in the County of Los Angeles must be presented exactly in the form prescribed by
Civil Code Section 1189(a)(1).
A Notary Acknowledgment/Certificate that does not meet existing state requirements in addition to
the requirements set forth above may not be re -submitted after it has been rejected by the Recorder.
A new Notary Acknowledgment/Certificate will be required when re -submitting a rejected
document.
If you have any questions, please contact the Registrar-Recorder/County Clerk at (562) 462-2125.
Note No. 10: This Company will require for review the following documents from the following
Limited Liability Company: Packaging Advantage Property Associates
A. A copy of its Operating Agreement and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager.
B. Confirmation that its Articles of Organization (LLC-1), and Certificate of Amendment
(LLC-2), any restated Articles of Organization (LLC-10) and/or any Certificate of Correction
(LLC-11) have been filed with the Secretary of State.
C. If the Limited Liability Company is member -managed a full and complete list of members
certified by the appropriate manager.
D. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory
to the Company, that it was validly formed, is in good standing and authorized to do business
in the state of origin.
E. If the Limited Liability Company was formed in a foreign jurisdiction, evidence satisfactory
to the Company, that it has complied with California "doing business" laws, if applicable.
CLTA Preliminary Report Form - Modified (I 1-17-06)
Page 8
Order No.: 116744933-X49
INFORMATIONAL NOTES
(continued)
CLTA Preliminary Report Perm - Modified (11.17.06)
Page 9
Order No.: 116744933-X49
INFORMATIONAL NOTES
(continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
For those of you receiving this report by electronic delivery the Privacy Statement and Attachment
One are linked to this report. Please review this information by selecting the link. For those of you
who are receiving a hard copy of this report, a copy of this information has been submitted for your
review.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 10
Order No.: 116744933-X49
INFORMATIONAL NOTES
(continued)
NOTICE
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must - prior to the close of the current transaction - inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
CLTA Preliminary Report Form -Modified (11-17-06)
Page I I
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Sergio Canales, Assistant Planner of the City of Vernon, do hereby certify that on Wednesday,
June 3, 2015, mailed a copy of Notice of Public Hearing, to be held on June 16, 2015, regarding
a Variance for Alcoa Bel Air, LLC located at 4700 Alcoa Avenue, to the interested parties and
agencies on the attached list, by United States Mail with stage.
Date://-5 -
Sergio Canales, Assistant Planner
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,.
accuracy, or validity of the document.
State of California )
) ss
County of Los Angeles )
On V I. t c3, 02®/4�— before me, M14450 / / /b notary
public, personally appeared Sergio Canales who proved to me on the lUis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he'd executed the same in hisAwf/#heir authorized capacity(ies),
and that by his/Jter ffieir 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. MAMISOL TRtAMttp
! C�Innwwn tr sppsts
Signature Mc 48
kgnathAe of Notary Public
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323)583-8811
The City Council of 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, June 16, 2015 at 9:00 a.m.
TIME:
(or as soon thereafter as the matter can be heard)
APPLICANT:
Alcoa Bel Air, LLC
REQUEST:
Alcoa Bel Air, LLC is requesting on behalf of its tenant Bon Appetit Danish, Inc.
(Bon Appetit) a variance from Table 26.5.1-6(d) of the City's Zoning Ordinance,
minimum truck parking requirement. Alcoa Bel Air, LLC is proposing to construct a
state of the art new manufacturing building. The development proposal would bring
the property into conformity with the automobile parking, truck parking, truck
loading, and maneuvering requirements of the current City of Vernon Comprehensive
Zoning Orditance. Bon Appetit's manufacturing operation proposed requires three (3)
outdoor silos for the storage of flour. The proposed site will not allow a building big
enough to accommodate all their required manufacturing line and the three (3) storage
silos without infringing into one of the required truck parking stalls. Therefore, Bon
Appetit is asking for a variance from the truck parking requirement for a temporary
reduction from the two (2) required truck parking positions down to one (1) truck
parking space to accommodate the silo placements.
PROPERTY 4700 Alcoa Avenue, Vernon, CA 90055
INVOLVED:
REVIEW OF: The application, maps, and supporting information are available for
THE FILE: public review during normal business hours in the Vernon Public Works, Water &
Development Services Department, located at 4305 Santa Fe Avenue, Vernon, CA
90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
PROPOSED Staff plans to recommend that the Vernon City Council determine that
CEQA the proposal will not have a significant effect on the environment and is
FINDING: exempt from the California Environmental Quality Act (CEQA). The conditions
imposed on the variance are designed to protect the environment, public health, safety
and general welfare.
If you challenge the granting of the 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: 6 2 1 5-
Ma is Ayala, City C -r
Easy Peeps' Labels
Use Avery® Template 51600/8160Tm
j
6303-019-011 1
ALCOA BEL AIR LLC
4525 DISTRICT BLVD
VERNON CA 90058
6303-017-025 4
FORCE 44TH STREET LLC
7901 CROSSWAY DR
PICO RIVERA CA 90660
6303-019-012 7
3301 LEONIS LLC
11620 WILSHIRE BLVD #1000
LOS ANGELES CA 90025
6303-020-008 14
YANG PAUL J CO TR
3251 LEONIS BLVD
VERNON CA 90058
6303-025-024 17
DEUTSCH SDL LTD
2444 WILSHIRE BLVD #600
SANTA MONICA CA 90403
6303-026-007 20
RAHMANPOUR NEAMATOLLAH CO TR
1029 S SHERBOURNE DR
LOS ANGELES CA 90035
A Bend along line to
Feed Paper expose Pop-up Edge** `
6303-016-001 2
PATRICIAJ STJOHN
495, BELLMORE WAY
PASADENA CA 91103
6303-017-272/019-271/026-270 5,11,22
L A CITY DEPT OF WATER AND POWER
PO BOX 51111
LOS ANGELES CA 90051
6303-019-013,14,15 8,9,10
PACKAGING PROPERTY ASSOCIATES LLC
4633 S DOWNEY RD
LOS ANGELES CA 90058
6303-020-010, 012 15,16
45TH STREET LLC
9437 SANTA MONICA BLVD #208
BEVERLY HILLS CA 90210
6303-026-005 18
ISRAEL & LUCIA FEIT
3111 BELAIRDR#20F
LAS VEGAS NV 89109
6303-026-008 21
L A BANZAI
3300 LEONIS BLVD
VERNON CA 90058
AVERY@ 6240w
6303-017-022 3
4441 DOWNEY ROAD LLC
PO BOX 58168
VERNON CA 90058
6303-019-010 6
MYRON K ROBERTS
341 S WETHERLY DR
BEVERLY HILLS CA 90211
6303-019-801,802 12,13
UNION PAC R R CO B OF E PAR 44 MAP
843-19-22B
1700 FARNHAM ST # 105-F
OMAHA NE 68102
6303-020-012 16
45TH STREET LLC
PO BOX 2591
HUNTINGTON PARK CA 90255
6303-026-006 19
FRANCIS K & TOREAY L LYNN
451 W LONGDEN AVE
ARCADIA CA 91007
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City of Huntington Park Lucille Roybal-Allard John Kinas
Planning Department Congresswoman United States Aluminum
6550 Miles Avenue 500 Citadel Drive, Ste 320 3663 Bandini Boulevard
Huntington Park, CA 90255 Commerce, CA 90040 Vernon, CA 90023
L.A. County Board of Supervisors
Director of Planning
Gloria Molina
Ms. Gutierrez
James Herd — Room 1390
Board of Supervisors
924 S. Mott Street
320 W. Temple Street
500 W. Temple St., Ste 856
Los Angeles, CA 90023
Los Angeles, CA 90012
Los Angeles, CA 90012
South Coast Air Quality Mgmt
City of Long Beach
James H. Hillands
District (AQMD)
21865 E. Copley Drive
Office of the City Manager
Heger Realty Corp.
Diamond Bar, CA 91765
333 W. Ocean Blvd., 13' floor
5657 E. Washington Blvd.
Long Beach, CA 90802
Los Angeles, CA 90040
Brian Scanlon
L.A. County Public Works
E.J. Contreras
Joseph R. Garruba
Mapping & Property Mgmt.
Owens -Brockway
California Portland Cement Co.
900 S. Fremont Avenue, 10'"Floor
2901 Fruitland Avenue
2025 E. Financial Way . .
CA 91803
Veon, CA 90058
Vernon,lhambra,
Glendora, CA 91740
City of Commerce California Water Service Comp. J.J. Little
Planning Department 3316 West Beverly Boulevard J.J. Little Company, Inc.
2535 Commerce Way 9945 Malgar Drive
Commerce, CA 90040 Montebello, CA 90640 Whittier, CA 90603
City of Bell Marisa Olguin L.R. Luppen
Planning Department Chamber of Commerce Metal Products Engineering
6330 Pine Street 3801 Santa Fe Avenue 3050 Leonis Boulevard
Bell, CA 90201 Vernon, CA 90058 Vernon, CA 90058
City of Cudahy State Clearinghouse Ellen Orlando
P.O. Box 3044
Planning Department Karen Lehrer
5220 Santa Ana Street Sacramento, CA 95812-3044 2300 E. I I" Street
Cudahy, CA 90201 Los Angeles, CA 90021
L.A. County Sanitation District L.A. County Flood Control District Maywood Mutual Water Co. 3
P.O. Box 4998 900 S. Fremont Avenue
Whittier, CA 90607 8'^ Floor 6151 Heliotrope Avenue
Maywood, CA 90270
Alhambra, CA 91803
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
L.A. Unified School District
So. Cal Edison
Office of Environmental Health & Safety
1924 Cashdan Street
333 South Beaudry Ave., 201h Floor
Compton, CA 90220
Los Angeles, CA 90017
Attn: Mike Frazier
Attention: Glenn Striegler
Suk Chon
County of Los Angeles
Dave Karrker
Department of Public Works
California Water Service
Land Development Division
5243 E. Sheila Street
P.O. Box 1460
Commerce, CA 90022
Alhambra, CA 91802-1460
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label size 1" x 2 5/8" compatible with Avery 05160/8160
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09 L8/0919® Ajany ql!m alglledwoo „g/9 Z x „ l azls pilel
Reynan L. Ledesma The Gas Company (So. Cal Gas Co.) L.A. Junction Railroad
Department of Water & Power L.A. P.O. Box 3150 4433 Exchange Avenue
111 N. Hope Street San Dimas, CA 91773 Vernon, CA 90058
Los Angeles, CA 90012 Attn: Marion Alexander
Burlington Northern Santa Fe Railroad
3770 E. Washington Blvd.
Los Angeles, CA 90023
Attn: Dick Ebel
Alcoa Bel Air, LLC
4525 District Boulevard
Vernon, CA 90058
Emily Mandrup
6272 Pacific Coast Highway
Suite E
Long Beach, CA 90803
label size 1" x 2 5/8" compatible with Avery 05160/8160
Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160
CITY OF VERNON
NOTICE OF PUBLIC HEARING
The City Council of 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, June 16, 2015 at 9:00 a.m.
TIME:
(or as soon thereafter as the matter can be heard)
APPLICANT:
Alcoa Bel Air, LLC
REQUEST: Alcoa Bel Air, LLC is requesting on behalf of its tenant'
Bon Appetit Danish, Inc. (Bon Appetit) a variance from Table 26.5.1-6(d);
of the City's Zoning Ordinance, minimum truck parking requirement. Alcoa',
Bel Air, LLC is proposing to construct a state of the art new manufacturing'.
building. The development proposal would bring the property into
conformity with the automobile parking, truck parking, truck loading, and
maneuvering requirements of the current City of Vernon Comprehensive
Zoning Ordinance. Bon Appetit's manufacturing operation proposed
requires three (3) outdoor silos for the storage of flour. The proposed site
will not allow a building big enough to accommodate all their required
manufacturing line and the three (3) storage silos without infringing
into one of the required truck parking stalls. Therefore, Bon Appetit is
asking for a variance from the truck parking requirement for a temporary
reduction from the two (2) required truck parking positions down to one (1)
truck parking space to accommodate the silo placements.
PROPERTY INVOLVED: 4700 Alcoa Avenue, Vernon, CA 90058
REVIEW OF: The application, maps, and supporting information are
THE FILE: available for public review during normal business hours
in the Vernon Public Works, 'Water & Development Services Department,
located at 4305 Santa Fe Avenue, Vernon. CA 90058, between the hours
of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
PROPOSED Staff plans to recommend that the Vernon City Council
CEQA determine that the proposal will not have a significant
FINDING. effect on the environment and is exempt from the
California Environmental quality Act (CEQA). The conditions imposed on
the variance are designed to protect the environment, public health, safety
and general welfare.
If you challenge the granting of the 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: June 2 2015 Is I Maria Ayala_ CmIX Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING A VARIANCE TO ALCOA BEL AIR, LLC
FROM SECTION 26.5.1-6(d) OF THE VERNON CITY CODE,
FOR THE PROPERTY LOCATED AT 4700 ALCOA AVENUE
WHEREAS, Alcoa Bel Air, LLC on behalf of its tenant Bon
Appetit Danish, Inc. ("Bon Appetit") has requested a variance from
Section 26.5.1-6(d), Minimum Truck Parking Requirements, of the
Comprehensive Zoning Ordinance; and
WHEREAS, Alcoa Bel Air, LLC (the "Applicant") owns the
property located at 4700 Alcoa Avenue, in the City of Vernon; and
WHEREAS, Bon Appetit is proposing to lease the building from
Alcoa Bel Air, LLC located at 4700 Alcoa Avenue; and
and
WHEREAS, the Property is located in the I -Zone, Industrial;
WHEREAS, Bon Appetit is a wholesale bakery manufacturer,
specializing in gourmet baking and distribution of top quality
Danishes, cakes, muffins and other baked goods; and
WHEREAS, the Applicant plans to demolish an existing 60,000
square foot building and construct a state of the art new manufacturing
building approximately 49,988 square feet in size; and
WHEREAS, the Applicant's development proposal would bring the
property into conformity with all development and site planning
standards; and
WHEREAS, the Applicant will comply with the minimum
requirements of the code by providing the required fifty (50)
automobile parking spaces, five (5) truck loading spaces, and two (2)
truck parking spaces; and
WHEREAS, the manufacturing operation proposed requires
three (3) outdoor silos for the storage of flour, as proposed the site
will not allow a building big enough to accommodate all their required
manufacturing line and the three (3) storage silos without infringing
into one (1) of the required truck parking stalls; and
WHEREAS, moving this operation to another City would be an
extreme hardship because Bon Appetit's operation depends on the
proximity of its existing manufacturing plants to their distribution
warehouse at 4820 50th Street; and
WHEREAS, due to the lot's space constraints, conforming to
the truck parking requirement would be difficult without reconfiguring
the proposed building foot print and parking lot, which would restrict
the Applicant from maximizing development of its lot merely because of
the truck parking requirement; and
WHEREAS, denying this variance would create an undue hardship
to the Applicant in that it would be deprived of the ability to fully
develop its lot; and
WHEREAS, given that the new facility would be providing
adequate parking and loading spaces to meet Bon Appetit's actual need
and Bon Appetit only needs one (1) truck parking space, mandating the
truck parking requirement would constitute an unnecessary hardship that
is inconsistent with the purposes of the Comprehensive Zoning Ordinance
of the City of Vernon, which are to authorize development that does not
create unreasonable impacts on neighboring properties; and
WHEREAS, Bon Appetit stated that trucks accessing the site
will consist of two (2) small -box trucks going back and forth between
the Alcoa facility and Bon Appetit's main distribution facility located
at 4820 50th Street delivering finished goods and no more than two (2)
trucks per day for deliveries of raw materials; and
- 2 -
WHEREAS, Table 26.5.3-3, of the Comprehensive Zoning
ordinance requires all nonconforming buildings to comply with all
development and site planning standards upon any increase in building
floor area and for all new construction (i.e. creating a new building
that is not attached to an existing building), in this case Alcoa Bel
Air, LLC intends to demolish the existing building and construct a
state of the art new manufacturing building; and
WHEREAS, the Applicant is requesting that it be permitted to
place three (3) silos on one (1) of the two (2) required truck parking
spaces with the understanding that upon any change in occupancy, or use
of the property, the permanent structures/equipment (3 silos) shall be
removed in order to provide the minimum number of truck parking spaces;
and
WHEREAS, the Director of Public Works, Water & Development
Services has recommended that the City find that the Project is
categorically exempt under the California Environmental Quality Act
(CEQA) in accordance with Class 32, Section 15332, "In -Fill Development
Projects", because: (i) the project is consistent with the City's
General Plan and zoning regulations, (ii) the proposed development
occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses, (iii) the project site has no
value, as habitat for any endangered, rare or threatened species, (iv)
approval of the project would not result in any significant effects
relating to traffic, noise, air quality or water quality; and (v) the
site can be adequately served by all required utilities, and public
services; and
WHEREAS, a Notice of Exemption will be prepared and filed
with the County Clerk; and
- 3 -
WHEREAS, the City Council has received a Staff Report dated
June 16, 2015, 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 June 16, 2015,
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 proposed activity is categorically exempt pursuant to
Section 15332 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 proposed
activity 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 Vernon. Those documents are available for
public review in the Office of the City Clerk located at 4305 Santa Fe
Avenue, Vernon, California 90058.
SECTION 5: The City Council of the City of Vernon hereby
approves the variance from Section 26.5.1-6(d) of the Comprehensive
- 4 -
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. The intended use of the lot constitutes a special
circumstance or condition that does not apply generally to other
properties in the same zone. Unlike other uses in the City, the
proposed lot will be used exclusively for manufacturing with very
little traffic. The tenant in this instance has a separate distribution
facility where the majority of the trucking operations take place. The
City is requiring that the project comply with the automobile parking,
truck parking, truck loading, and maneuvering requirements of the
current Comprehensive Zoning Ordinance. Because of their manufacturing
line they plan on placing three (3) silos on one (1) of the two (2)
required truck parking spaces. The tenant requires all of the building
space for its manufacturing operation. Therefore, the building size
cannot be reduced. In addition, moving their operation to another City
would be an extreme hardship because Bon Appetit's operation depends on
the proximity of its existing manufacturing plants to their
distribution warehouse at 4820 50th Street. Thus, the proposed use
constitutes a special circumstance that is not generally applicable.
b. The strict or literal interpretation or application of the
applicable development and site planning standards would result in
practical difficulties and unnecessary hardships that would conflict
with the purposes of the Zoning Code. The lot's space constraints make
conforming to the truck parking requirements difficult without
reconfiguring the proposed building foot print and parking lot, which
would restrict Applicant from maximizing development of its lot merely
because of the truck parking requirement. Denying this variance would
- 5 -
create an undue hardship to the Applicant in that it would be deprived
of the ability to fully develop its lot. Given that the new facility
would be providing adequate parking and loading spaces to meet Bon
Appetit's actual need and Bon Appetit only needs one (1) truck parking
space, mandating the truck parking requirement would constitute an
unnecessary hardship that is inconsistent with the purposes of the
Comprehensive Zoning Ordinance of the City of Vernon, which are to
authorize development that does not create unreasonable impacts on
neighboring properties.
C. The grant of the variance will not constitute a grant of
special privileges. Because of the unique size of the lot, the
requirement to meet the City's minimum code requirement for truck
parking is overly burdensome and unnecessary. Sufficient automobile and
truck parking will be provided to meet the needs and demands of the
property and will continue to do so with the granting of this variance.
As such, no special privilege is being granted by the approval of this
variance.
d. The project is consistent with the General Plan and complies
with other applicable zoning provisions. The General Plan land use
designation for the site is Industrial and its Zoning designation is
also industrial. The use of the property as a Bon Appetit operation is
consistent with general plan and will comply with all other applicable
zoning provisions.
e. A variance relieving the Applicant from Section 26.5.1-6(d)
of the Comprehensive Zoning Ordinance, minimum truck parking
requirements, will not adversely affect the interest of the public or
the interest of other residents and property owners within the vicinity
of the premises, because this variance would allow the placement of
- 6 -
three (3) silos on one (1) of the two (2) required truck parking spaces
with the understanding that upon any change in occupancy, or use of the
property, the permanent structures/equipment (3 silos) shall be removed
in order to provide the minimum number of truck parking spaces and
ensure the parking goals of the Zoning Ordinance are met. The Applicant
is providing ample truck parking and loading spaces for its tenant's
needs. Additionally, no safety issues are being introduced by this
variance.
f. The grant of the variance places suitable conditions on the
lot to protect surrounding properties and does not permit uses that are
not otherwise allowed in the I -Zone, Industrial. The use is consistent
with the City's Zoning Regulations which permits manufacturing uses in
the I -Zone. The variance is conditioned upon compliance with the
parking requirements of the Zoning ordinance. This will assure that
adequate on -site parking is maintained to minimize the possibility of
on -street parking or staging occurring and will ensure that the impacts
to the traveling public are minimized to a level of insignificance.
SECTION 6: In order to adequately protect the public health
and general welfare the following conditions are required:
a. The facility shall be operated in accordance with all
current codes, rules, and regulations and subject to permit fees as
adopted by the City of Vernon not otherwise addressed by this grant of
a variance.
b. The facility shall be operated in a manner that will
prevent unsanitary conditions, odors or other nuisances.
C. At all times, all parking areas shall be: (1) striped in
a manner acceptable to the Director of Public Works, Water &
Development Services; (2) paved with a concrete or asphalt concrete
- 7 -
paving or other surface reasonably acceptable to the Director of Public
Works, Water & Development Services; (3) adequately drained; and (4)
kept free of potholes, dust, mud, trash and weeds.
d. Adequate truck parking and loading shall be provided at
the site such that no trucks accessing the site shall be required to
stage in the public street or onsite other than at a loading dock or
truck parking space.
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. Upon any change in occupancy, or use of the property,
the permanent structures/equipment (3 silos) placed on the truck
parking space shall be removed in order to provide the minimum number
of truck parking spaces.
g. The parking and loading areas shall be maintained
substantially in compliance with the site plan as submitted as part of
this variance application, except as otherwise approved in writing by
the Director of Public Works, Water & Development Services.
h. Noncompliance with any of the conditions herein shall
constitute sufficient grounds for the City Council of the City of
Vernon to revoke this variance and require the removal of the silos and
installation of the truck parking stall, or take appropriate
enforcement action, including citation and or fines for a violation.
i. Not later than twenty (20) days from the date of
approval of the variance, the Applicant and Owner shall indicate, in
writing, its acceptance of and agreement with the conditions herein.
The Variance shall be void and of no force or effect unless such
written acceptance and agreement is submitted to the City within the
- 8 -
twenty -day period.
j. Applicant, Owner, and any successors in interest shall
indemnify, hold harmless and defend the City of Vernon, its officers,
agents and employees from and against any and all claims, complaints or
petitions for: (1) damages, losses, expenses resulting from bodily
injury, sickness, disease, disability or death arising from the
operation of the facility excluding therefrom any such claim resulting
from the sole negligence or intentional wrongdoing of the City of
Vernon, its officers, agents or employees; (2) a peremptory writ or
other relief by way of injunction, mandamus, or administrative
mandamus; and/or (3) legal expenses and attorney's fees incurred by the
City of Vernon on behalf of any party in such actions or proceedings.
The City of Vernon does not waive its right to participate in the
defense of any such action.
- 9 -
SECTION 7: The City Clerk, or Deputy City Clerk of the City
of Vernon shall certify to the passage, approval and adoption of this
resolution, and the City Clerk, or Deputy City Clerk, of the City of
Vernon shall cause this resolution and the 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 16th day of June, 2015.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Brian Byun, DepulvCity Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 10 -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , 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, June 16, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of June, 2015, at Vernon, California.
City Clerk / Deputy City Clerk
(SEAL)
SUPPORTING DOCUMENTS
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323)583-8811
The City Council of 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, June 16, 2015 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
APPLICANT: Alcoa Bel Air, LLC
REQUEST: Alcoa Bel Air, LLC is requesting on behalf of its tenant Bon Appetit Danish, Inc.
(Bon Appetit) a variance from Table 26.5.1-6(d) of the City's Zoning Ordinance,
minimum truck parking requirement. Alcoa Bel Air, LLC is proposing to construct a
state of the art new manufacturing building. The development proposal would bring
the property into conformity with the automobile parking, truck parking, truck
loading, and maneuvering requirements of the current City of Vernon Comprehensive
Zoning Ordinance. Bon Appetit's manufacturing operation proposed requires three (3)
outdoor silos for the storage of flour. The proposed site will not allow a building big
enough to accommodate all their required manufacturing line and the three (3) storage
silos without infringing into one of the required truck parking stalls. Therefore, Bon
Appetit is asking, for a variance from the truck parking requirement for a temporary
reduction from the two (2) required truck parking positions down to one (1) truck
parking space to accommodate the silo placements.
PROPERTY 4700 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 Public Works, Water &
Development Services Department, located at 4305 Santa Fe Avenue, Vernon, CA
90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
PROPOSED Staff plans to recommend that the Vernon City Council determine that
CEQA the proposal will not have a significant effect on the environment and is
FINDING: exempt from the California Environmental Quality Act (CEQA). The conditions
imposed on the variance are designed to protect the environment, public health, safety
and general welfare.
If you challenge the granting of the 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 cancelledd and rescheduled to a stated time and place without further notice of a public hearing.
-D
!� Dated: lV Its—
, -
Ma 'a Ayala, City C r
NOTICE OF EXEMPTION
NOTICE OF EXEMPTION
TO: ❑ Office of Planning and Research FROM:
PO Box 3044
Sacramento, CA 95812
L County Clerk, County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy., Room 1101
Norwalk, CA 90650
AUG
City of Vernon
4305 Santa Fe Avenue��
Vernon, CA 90058
2015 174433
FILED
Jul 02 2015
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Eioauaaromry sim1w1na 11AIMA COMA
Project Title: Project Appucanr:
Alcoa Bel Air, LLC Alcoa Bel Air, LLC
Project Location - Specific
4700 Alcoa Avenue, Vernon, CA 90058
Project Location — City: Project Location — County:
Vernon - Los Angeles
Description of Nature, Purpose and Beneficiaries of Project:
Alcoa Bel Air, LLC is requesting on behalf of its tenant Bon Appetit Danish, Inc. (Bon
Appetit) a variance from Table 26.5.1-6(d) of the City's Zoning Ordinance, minimum
truck parking requirement. Alcoa Bel Air, LLC is proposing to construct a state of the art
new manufacturing building. The development proposal would bring the property into
conformity with the automobile parking, truck parking, truck loading, and maneuvering
requirements of the current City of Vernon Comprehensive Zoning Ordinance. Bon .
Appetit's manufacturing operation proposed requires three (3) outdoor silos for the
storage of flour. The proposed site will not allow a building big enough to accommodate
all their required manufacturing line and the three (3) storage silos without infringing into
one of the required truck parking stalls. Therefore, Bon Appetit is asking for a variance
from the trick parking requirement for a temporary reduction from the two (2) required
truck parking positions down to one (I) truck parking space to accommodate the silo
placements.
Name of Public Agency Approving Project:
City of Vernon
Name of Person or Agency Carrying Out Project:
Alcoa Bel Air, LLC
Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268;
Declared Emergency (Sec. 21080(b)(3); 15269(a));
_ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)).
XX Categorical Exemption. State type and section number: See.15332, Class 32
Statutory Exemptions. State code number: THIS NOTICE WAS POSTED
ON Juflv022015
UNTIL A1100S1032015
REGISTRAR-RECORDER/COUNTY CLERK