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Resolution No. 2015-066RESOLUTION NO. 2015-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A VARIANCE TO MERIDITH BAER FROM SECTION 26.4.1-8(g) OF THE VERNON CITY CODE, FOR THE PROPERTY LOCATED AT 4820 EVERETT COURT WHEREAS, Meridith Baer on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8(g), which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size and the granting of a waiver to Three Angels Investment, LLC from Section 28.28(b) of the City Code; and WHEREAS, Section 28.28(b) of the City Code states that all lots shall have frontage of at least 150 lineal feet on a public street; and WHEREAS, Meridith Baer and Three Angels Investment, LLC are proposing to adjust the property lines between their parcels. Meridith Baer owns two parcels. Parcel one, known as 4820 Everett Court (Assessor Parcel No. 6304-025-008), is 1.12 acres in size (the "MB Everett Court Parcel"). The second parcel owned by Meridith Baer is a private street known as Everett Court and consists of two parcels Assessor Parcel No. 6304-025-007 and 6304-024-011 and is 0.57 acres in size combined (the "MB Street Parcel"). Three Angels Investment, LLC owns the property known as 4726 Everett Court (Assessor Parcel No. 6304-025-009) and is 0.55 acres in size (the "3AI Parcel"). None of the aforementioned parcels are located in the C-1 or C-2 Overlay Zones (as established by Sections 26.3.1-1, 26.4.2 and 26.4.3 of the City Code); and WHEREAS, the building on the 3AI Parcel is approximately 20,000 square feet in size and takes up almost all of the land area of the parcel. The loading dock serving the 3AI Parcel is actually on the MB Everett Court Parcel. Trucks accessing this dock and employees that work in the Three Angels Investment, LLC building routinely park on the MB Everett Court Parcel. Meridith Baer initiated litigation against Three Angels Investment, LLC over the use of the MB Everett Court Parcel. As part of a negotiated settlement, Three Angels Investment, LLC has agreed to purchase a portion of the MB Everett Court Parcel adjoining the 3AI Parcel. This has triggered the submittal of a lot line adjustment application by Meridith Baer and Three Angels Investment, LLC for City of Vernon approval; and WHEREAS, the 3AI Parcel is currently 0.55 acres in size. After the lot line adjustment, the 3AI Parcel will be 0.85 acres in size. Section 26.4.1-8(g) of the City Code requires all newly established parcels to be a minimum of one (1) acre in size. In addition, Section 28.28(b) of the City Code requires all lots to have frontage of at least one hundred fifty (150) feet on a public street. The 3AI Parcel's only frontage is a private street along Everett Court. However, Section 28.8 of the City Code does permit the City Council to issue a waiver of direct access to a public street for a parcel map as long as other reasonable access is provided; and WHEREAS, there exists special circumstances applicable to this lot that do not apply to neighboring properties. The 3AI Parcel is an existing land -locked parcel less than one (1) acre in size. The lot currently has access to a public street via a recorded easement through Everett Court to 49th Street. With the lot line adjustment, the new 3AI Parcel will be more conforming with respect to auto parking and truck loading. The new parcel will continue to have access to 49th Street via an ingress and egress easement along Everett Court. City staff believes - 2 - that the issuance of a variance from the minimum lot size requirement and a waiver from the street frontage requirements are appropriate given the unique circumstances; and WHEREAS, the proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. The Director of Public Works, Water & Development Services has recommended that the City find that the Project is categorically exempt from review under the California Environmental Quality Act (CEQA), in accordance with Title 14, Chapter 3, Class 5, Section 15305 of the CEQA Guidelines, because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 200-o that does not result in any changes in land use or density; and WHEREAS, a Notice of Exemption will be prepared and filed with the County Clerk; and WHEREAS, the City Council has received a Staff Report dated October 20, 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 October 20, 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 - 3 - 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 15305 of the CEQA Guidelines and directs the City Clerk, or the City Clerk's designee, to file a Notice of Exemption with 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 26.4.1-8(g) of the City Code, and the variance is hereby granted to the Applicant for the Project based on the following findings as required by Section 26.6.2-5 of the Vernon Zoning Code: a. There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Unlike the other properties in the vicinity, and in the same zone, without a variance the lot line adjustment would not be granted and would prevent Three Angels Investment, LLC from purchasing a portion of the MB Everett Court Parcel in which its truck loading docks are located, thus preventing Three Angels Investment, LLC from bringing the parcel into a more conforming condition in relation - 4 - to the City Code merely because of the size of the lot. b. The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code and deprive the 3AI Parcel of privileges enjoyed by others. Namely, the lot line adjustment, while not bringing the 3AI Parcel into full compliance with the City's zoning standards, would significantly improve the conformity of the lot by providing onsite truck loading maneuvering and auto parking. It would also deprive Meridith Baer from selling a portion of its lot that is almost exclusively used by Three Angels Investment, LLC. C. The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties. Granting the variance will help square off the odd -shaped 3AI Parcel and will allow Three Angels Investment, LLC to make more efficient use of the land available for its existing building. As such, no special privilege is being granted by the approval of this variance. d. The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City's General Plan states that no lot shall be established for any use unless the lot is at least one acre in size. The approval of the lot line adjustment will make the 3AI Parcel more conforming with the City's zoning requirements, while keeping the MB Everett Court Parcel the same in relation to zoning requirements. The General Plan land use designation for the site is Industrial and its Zoning designation is also industrial (and not in either the C-1 or C- 2 Overlay Zones). The use of the property is consistent with the - 5 - General Plan and will comply with all other applicable zoning provisions. e. The grant of the variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. Acquisition of a portion of the MB Everett Court Parcel by Three Angels Investments, LLC, will provide additional necessary employee parking spaces and maneuvering area. Therefore, no on -street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. The proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. 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 industrial uses in the I -Zone. The variance is suitably conditioned to protect neighboring property interests by requiring ingress and egress easement be recorded along Everett Court to provide proper access to neighboring properties. SECTION 6: The City Council hereby grants a waiver from Section 28.28(b) of the City Code, requiring each parcel to have a minimum 150-foot frontage on a public street. SECTION 7: In order to adequately protect the public health and general welfare, the following conditions are required: a. The Property 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. - 6 - b. A minimum twenty seven (27) foot wide easement shall be provided to all properties adjoining Everett Court to 49th Street to ensure proper ingress and egress, utility service and fire access to the parcels. C. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. d. Not later than twenty (20) days from the date of approval of the variance, the Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, shall indicate, in writing, their 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. e. Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, and any successors in interest thereof shall indemnify, hold harmless and defend the City of Vernon, its duly elected and appointed 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 gross 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 - 7 - defense of or otherwise intervene in any such action. SECTION 8: 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 20th day of October, 2015. ATTEST: ----AAJ�4. Mar ' a E . A141a City Clerk / z`�^•�}• r; t, ri ors APPROVED AS TO FORM: rl/i n cl Brian Byun, Deput City Attorney -4�- 4.,e 0-1 Name: W. Michael McCormick Title: Mayor / - - - 8 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala , City Clerk / of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-66, 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, October 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2 `k°day of October, 2015, at Vernon, California. (SEAL) M ria E.Ckyala City Clerk / - 9 - TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 26, 2015 TO: S. Kevin Wilson, Director of Public Works, Water and Development Services FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2015-66 — A Resolution of the City Council of the City of Vernon Approving a Variance to Meridith Baer from Section 26.4.1-8 (g) of the Vernon City Code, for the Property Located at 4820 Everett Court Transmitted herewith is a copy of Resolution No. 2015-66 referenced above, which was approved by City Council on October 20, 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. 2015-66 Oa- OCT 15 2015 CITY CLERK'S OFFICE STAFF REPORT RECEIVED OCT 0 8 2015 CITY ADMINISTRATION PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT i DATE: October 20, 2015 TO: Honorable Mayor and City Council p�u 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 Meridith Baer located at 4820 Everett Court RECOMMENDATION A. Find that approval of the variance proposed in this staff report is categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance with Class 5, Section 15305 of the CEQA Guidelines, "Minor Alterations in Land Limitations," because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density. A Notice of Exemption will be prepared and filed with the County Clerk; and B. Adopt a resolution approving a variance from Section 26.4.1-8 (g) which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size, subject to certain conditions, to Three Angels Investment, LLC for the property located at 4726 Everett Court. C. Grant to Three Angels Investment, LLC a waiver from Section 28.28 (b) of the City Code that requires each lot to have a minimum frontage of 150 feet on a public street. PROJECT Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g) of the Comprehensive Zoning Ordinance. Meridith Baer and Three Angels Investment, LLC are proposing to adjust the property lines between their parcels. Meridith Baer owns two parcels. Parcel one, known as 4820 Everett Court (Assessor Parcel No. 6304-025-008), is 1.12 acres in size (the "MB Everett Court Parcel") The second parcel owned by Meridith Baer is a private street known as Everett Court and consists of two parcels -- Assessor Parcel No. 6304-025-007 and 6304-024-011 -- and is 0.57 acres in size combined (the "MB Street Parcel"). Three Angels Investment, LLC owns the property known as 4726 Everett Court (Assessor Parcel No. 6304-025-009) and is 0.55 acres in size (the "3AI Parcel"). None of the aforementioned parcels are located in the C-1 or C-2 Overlay Zones (as established by Sections 26.3.1-1, 26.4.2 and 26.4.3 of the City Code). The building on the 3AI Parcel is approximately 20,000 square feet in size and takes up almost all of the land area of the parcel. The loading dock serving the 3AI Parcel is actually on the MB Everett Court Parcel. Trucks accessing this dock and employees that work in the Three Angels Investment, LLC building routinely park on the MB Everett Court Parcel. Meridith Baer initiated litigation against Three Angels Investment, LLC over the use of the MB Everett Court Parcel. As part of a negotiated settlement, Three Angels Investment, LLC has agreed to purchase a portion of the MB Everett Court Parcel adjoining the 3AI Parcel. This has triggered the submittal of a lot line adjustment application by Meridith Baer and Three Angels Investment, LLC for City of Vernon approval. See Exhibit A for a plan showing the lots before the lot line adjustment and Exhibit B showing the lots after the lot line adjustment. NEED FOR VARIANCE The 3AI Parcel is currently 0.55 acres in size. After the lot line adjustment, the 3AI Parcel will be 0.85 acres in size. Section 26.4.1-8(g) of the City Code requires all newly established parcels to be a minimum of one (1) acre in size. In addition, Section 28.28(b) of the City Code requires all lots to have frontage of at least one hundred fifty (150) feet on a public street. The 3AI Parcel's only frontage is a private street along Everett Court. However, Section 28.8 of the City Code does permit the City Council to issue a waiver of direct access to a public street for a parcel map as long as other reasonable access is provided. There exists special circumstances applicable to this lot that do not apply to neighboring properties. The 3AI Parcel is an existing land -locked parcel less than one (1) acre in size. The lot currently has access to a public street via a recorded easement through Everett Court to 49t' Street. With the lot line adjustment, the new 3AI Parcel will be more conforming with respect to auto parking and truck loading. The new parcel will continue to have access to 49t' Street via an ingress and egress easement along Everett Court. City staff believes that the issuance of a variance from the minimum lot size requirement and a waiver from the street frontage requirements are appropriate given the unique circumstances. CEQA ANALYSIS The proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. This variance has been determined to be categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance with Title 14, Chapter 3, Class 5, Section 15305, because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density. A Notice of Exemption will be prepared and filed with the County Clerk. -2- VARIANCE FINDINGS Staff finds the following to be true, and therefore recommends that the City Council make similar findings: a) There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Unlike the other properties in the vicinity, and in the same zone, without a variance the lot line adjustment would not be granted and would prevent Three Angels Investment, LLC from purchasing a portion of the MB Everett Court Parcel in which its truck loading docks are located, thus preventing Three Angels Investment, LLC from bringing the parcel into a more conforming condition in relation to the City Code merely because of the size of the lot. b) The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code and deprive the 3AI Parcel of privileges enjoyed by others. Namely, the lot line adjustment, while not bringing the 3AI Parcel into full compliance with the City's zoning standards, would significantly improve the conformity of the lot by providing onsite truck loading maneuvering and auto parking. It would also deprive Meridith Baer from selling a portion of its lot that is almost exclusively used by Three Angels Investment, LLC. c) The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties. Granting the variance will help square off the odd -shaped 3AI Parcel and will allow Three Angels Investment, LLC to make more efficient use of the land available for its existing building. As such, no special privilege is being granted by the approval of this variance. d) The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City's General Plan states that no lot shall be established for any use unless the lot is at least one acre in size. The approval of the lot line adjustment will make the 3AI Parcel more conforming with the City's zoning requirements, while keeping the MB Everett Court Parcel the same in relation to zoning requirements. The General Plan land use designation for the site is Industrial and its Zoning designation is also industrial (and not in either the C-1 or C-2 Overlay Zones). The use of the property is consistent with the General Plan and will comply with all other applicable zoning provisions. e) The grant of the variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. Acquisition of a portion of the MB Everett Court Parcel by Three Angels Investments, LLC, will provide additional necessary employee parking spaces and maneuvering area. Therefore, no on -street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. The proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. 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 industrial uses in the I -Zone. -3- The variance is suitably conditioned to protect neighboring property interests by requiring ingress and egress easement be recorded along Everett Court to provide proper access to neighboring properties. CONDITIONS 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 Property 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. A minimum twenty seven (27) foot wide easement shall be provided to all properties adjoining Everett Court to 49th Street to ensure proper ingress and egress, utility service and fire access to the parcels. C. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. d. Not later than twenty (20) days from the date of approval of the variance, the Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, shall indicate, in writing, their 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. e. Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, and any successors in interest thereof shall indemnify, hold harmless and defend the City of Vernon, its duly elected and appointed 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 gross 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 or otherwise intervene in any such action. Attachment(s) Variance Application and Supporting information -4- N87' 01"E N87'01'26 w81 N8247'15*W 117.50' N,BM *z-19 i� �=21'45'25" R=219.26' L=8126' of N N43'5 50'E 19.00' N82'47'15'W PARCEL UNE 192.69' M REMAIN v W PARGEL1 • g Meridith Baer a 4820 Everett Court tV W W W W z LU W d V ; Q W Q Z f` N82'47'15'W z > (BASIS OF BEARINGS) 155.00' s g $ 9 Ui 91 9 170. i 4' 9 480.00' _ 24.86' N82'47'15 W EAST 49m STREET 650.14' EXHIBIT "A" (Showing the lots before the lot line adjustment) -5- N87'4501"'E N87'O1'26 `N N'8�a5�"E =21'45'25" R=219.26' =83.26' N4n STE 19.00' N8247`i5 W ARCEL UNE 192.69' M REMAIN ,bcv sr z PARCEL1 � N Meridith Baer °- 4820 Everett Court V cli v a W W W �al W a LU ZV iA y N N Q Q = g Z N82-47-15"W z > (BASIS OF BEARINGS) 155.00' cc UJ �' 170.14' _ M 480.00' 24.86' N82'4715 W EAST 49m STREET "Co" 650.14' EXHIBIT "B" (Showing the lots after the lot line adjustment) -6- For Official Use Only Account No. 011.1041.468400 City of Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 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): General location (give street address): L& Zo Name of Applicant(s): aw dDin z,l/, P, ^ ` f Print or T pe name of business) Mailing address: l) 4 C( �'�t b An /Phone#A�►Q� — Record Owner(s) of property: Wt l/- I fNI am Mailing address: P�'�$ WS ,�,A61-P10 n t'>Q�t�G�r�LfGi Property Owner(s) representative: C, 6 a Mailing address �� l ��► (N;-taco , �1�,►-rY�►-, � �` Relationship to Owner(s): ❑ Engineer ❑Contractor XAttorney ❑ Purchaser ❑Lessee Written consent of owner(s) must be attached. ' m�z Present use of property:__ _Present Zoning: Proposed use of property: How long has owner(s) held title to this property? Are there any easements controlling the use of this property? Yes ❑ No If yes, �escribe _ piration date: Page ] of 3 0 r-, ,-! r-J :—, r:• Rev. 07/11 Are there any private or deed restrictions controlling the use of this property? Yes ❑ No If yes, describe Variance applied for (described in detail the nature and purpose of this request for which the premises are to be used) attach additional sheet(s) if necescarv- NOTICE TO APPLICANT: In the variance procedure it shall be shown that the following five (5) conditions exist in reference to the property being considered. The applicant should answer the following statements. If you have difficulty finding reasonable answers to the statements contained in this application it may be an indication that your request has insufficient factors to justify approval. (Attach additional sheet(s) if necessary. 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone: 2. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other propertied in the same vicinity and zone in which the property is located, under the terms of this chapter: 3. That the special conditions and circumstances do not result from actions of the Page 2 of 3 Rev. 07/11 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: 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: NOTE: Non -conforming use of neighboring lands, structures, or buildings shall not be considered grounds for the issuance of a variance. Is the required site and design plot plans showing the area covered in the legal description and all existing and proposed improvements attached? XYes ❑ No Are the required three (3) area maps attached? XYes ❑ No Is there a certified list attached of names and mailing addresses of all pro er y owners within 300' of the exterior boundaries of the property in this application?ZYes ❑ No Is the required fee enclosed? XYes ❑ No Make check or money order payable to: City of Vernon. I declare under penalty of perjury that to the best of my knowledge and belief the foregoing is true, complete, and accurate. Signed:1W ate: LO Property owner(s) or Owner(s) representative Page 3 of 3 Rev. 07/11 w"easo LIST OF PROPERTY OWNERS WITHIN 300' RADIUS OF 4820 EVERETT COURT, VERNON, CA 90058 APN Owner Property Address 6304-022-042 US Radiator Corporation 4423 District Blvd 4423 District Blvd Vernon CA 90058 6304-022-059 6304-024-001 Catellus Finance 1, LLC 4545 Airport Way Denver CO 80239 Alex Changhoon Lee 11059 Provence Lane Tujunga CA 91042 4551 Loma Vista Ave 4350 District Blvd 6304-024-002/003 4368 & 4400 District Blvd, LLC 4400 District Blvd 120 E 8th Street, #208 4368 Distrrict Blvd Los Angeles CA 90014 6304-024-004/005 Steven & Karen Hansen 4404 District Blvd 4410 District Blvd 4410 District Blvd Vernon CA 90058 6304-024-006/007 Daum W H Investment Co. 4420 District Blvd 5731 W Slauson Ave #222 Culver City CA 90230 6304-024-008/009 Francisco Gamez 4440 District Blvd P. O. Box 1670 4464 District Blvd Iowa City IA 52244 6304-024-010 Shewak & Lajwanti Holdings, LLC 4733 Loma Vista Ave 5601 S Downey Rd Vernon CA 90058 6304-024-800 Los Angeles Junction Railway Co. (no address listed) 4433 Exchange Ave Vernon CA 90058 6304-025-002/003 Yinghua, LLC 4806-10 Everett Avenue 9538 Brighton Way #316 Beverly Hills CA 90210 6304-025-004/005 Yinghua, LLC 4722 Everett Avenue 9538 Brighton Way #316 4744 Everett Avenue Beverly Hills CA 90210 6304-025-006 A&M Realty Co. 4371 E 49th Street 4371 E 49th Street Vernon CA 90058 6304-025-010 Actino Q. Castillo (no address listed) 6020 King Ave #B Maywood CA 90270 6304-025-011 Dave Sampanis (no property address listed) 2007 N. San Marcos Road Santa Barbara CA 93111 6304-025-014/019 Seymour & Shirley Lehrer 4425 E 49th Street Lehrer Family Trust 4800 Dekalb Street 975 Knollwood Drive Santa Barbara CA 93108 6304-025-020 Ed Produce, Inc. 4820 Everett Avenue 14052 Sunrise Drive Whittier CA 90602 6304-025-023 Shewak & Lajwanti Holdings, LLC 4733 Loma Vista Ave 5601 S Downey Rd Vernon CA 90058 6304-025-029/030 Lehrer Family Properties, LP (no address listed) 975 Knollwood Drive Santa Barbara CA 93108 corner of E. 49th Street & Loma Vista Ave) 6304-025-031 CMD Partners (no address listed) 2500 Michelson Drive #200 Irvine CA 92612 6304-025-800 Los Angeles Junction Railway Co. (no address listed) 4433 Exchange Ave Vernon CA 90058 6304-026-005 Ferrer Property, Inc. 4372 E 49th Street 1431 Colorado Avenue Santa Monica CA 90404 6304-026-010 Honming Properties 4424 E. 49th St 16406 Bear Meadow Circle Cerritos CA 90703 6304-026-017 Whole Food Trading Co. 4405 Fruitland Ave 3516 E Olympic Blvd Los Angeles CA 90023 6304-026-018 Steve Fromer 4924 Everett Ct 4924 Everett Court Vernon CA 90058 6304-026-019 Issa Ventures, LLC 4949 Everett Ct 4560 Pacific Blvd Vernon CA 90058 6304-026-029 GM Distributing, LLC 4933 Loma Vista Ave 4933 Loma Vista Ave Vernon CA 90058 6304-026-030 Fruitland Boyle Investments, LLC 4455 Fruitland Ave 4455 Fruitland Ave Vernon CA 90058 6304-026-800/801 Los Angeles Junction Railway Co. (no address listed) 4433 Exchange Ave Vernon CA 90058 One unknown address on the corner of Everettt Avenue and 49th Street (see radius map for details) PROP19RTY OWNERS LIST STATEMENT The undersigned has duly prepared the attached "Property Owners List". The list includes all of the names, and respective addresses, of persons being owners of property any part of which is within 300 feet of the outer boundaries of the property in subject zoning case. This information is to be obtained from the latest available Los Angeles County Tax Assessment Roll. This list was prepares on Roll maintained at 1kft 11�1 UV1 ) (� VI -aq V,,p `]apse and Location of from the rin LQJ It is understood that the accuracy and completeness of this list is the responsibility of the applicant. Signed: _. N. (rerson wno prepareu us[) On this 0-61 day of _ JU�L./ 20 , before e e undersigned a Notar Public in and for said County and State personally appeared�� person that executed the within instrument. known to me, or proven to me to be the WITNESS my hand and official seal. Nc Acoiej) Notary Public in and for said County and State My commission expires: Signed: (Applicant) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 LO S A6 EGES ) On before me, Date Here Insert Name and Title of the Officer personally appeared OA) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persong whose name(s) is/are subscribed to the within instrument and acknowledged to me that W/she/tk6y executed the same in W!Vher/Weir authorized capacity(, and that by his/her/their signature�"n 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. WW— JUDICE lLip cum"" �► M1710 NOIM>Icwwrde I Signature t" Ca" p01e+ Sin re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document EN-T :%»/QO Title or Type of Documentyzoeyy OWNE/ZS [.�S? s ��T Document Date: Number of Pages: / Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: JVA)F Signer's Name: �15�/A d /!%SZ(JN ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 VA 7 T 3o 3. trill 1 Ila 6 1 A. I S A A I T .......... 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EXHIBIT B SCALE: 16145 ROSCOE BOULEVARD CERTIFICATE OF COMPLIANCE 1"=60' NORTH HILLS, CA 91343 LOT LINE ADJUSTMENT DATE: 08-19-14 (818) 891-9100 4820 EVERETT COURT GREGORY M. AMOROSO L.S. 8771 SHEET CITY OF VERNON, CALIFORNIA 1 of 1 EXHIBIT" E " LOT LINE ADJUSTMENT LEGAL DESCRIPTION PARCEL 1 (4820 EVERETT COURT) PARCELI: THAT PORTION OF LOT 2 OF TRACT 5974, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69 PAGE 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND CONVEYED TO H. F . ALLEN ESTATE CO BY DEED RECORDED ON NOVEMBER 10, 1939 AS INSTRUMENT NO. 566 IN BOOK 16911 PAGE 392 OF OFFICIAL RECORDS, SAID SOUTHWEST CORNER BEING DISTANT. NORTH 82° 47' 15" WEST 450 FEET FROM STATION 22, AS SHOWN ON SAID MAP OF TRACT 5974; THENCE ALONG TIIE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED, AND ALONG THE WESTERLY LINE OF THE LAND CONVEYED TO ALLEN H. RABIN, ET AL., BY DEED RECORDED ON MAY 28, 1945 AS INSTRUMENT NO. 814 IN BOOK 21945 PAGE 395 OFFICIAL RECORDS, AS FOLLOWS: NORTH 70 12' 45" EAST 152.48 FEET TO THE BEGINNING OF A TANGET CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 311.44 FEET AND NORTHEASTERLY ALONG SAID CURVE, 154.82 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORHTERLY 301 FEET MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID LAND, CONVEYED TO 1-1. F. ALLEN ESTATE CO. AND THE WESTERLY PROLONGATION THEREOF; THENCE ALONG SAID PARALLEL LINE NORTH 82' 47' 1.5" WEST 192.69 FEET TO A LINE PARALLEL WITH AND DISTANT NORTH 820 47' 15" WEST 155 FEET (MEASURED ALONG THE ABOVE MENTIONED WESTERLY PROLONGATION) FROM THE ABOVE MENTIONED CURVE HAVING A BEARING AND LENGTH OF NORTH 7° 12' 45" EAST 152.48 FEET AND THE NORTHERLY PROLONGATION THEREOF, THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, SOUTH 7° 12' 45" WEST 301 FEET TO SAID WESTERLY PROLONGATION, THENCE SOUTH 82° 47' 15" EAST 155 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND LYING BELOW A DEPTII OF 100 FEET FROM THE SURFACE THEREOF BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN THE DEED RECORDED MARCH. 31, 1948 AS INSTRUMENT NO. 1454 IN BOOK 26826 PAGE 381 OFFICIAL RECORDS. THE ABOVE DESCRIBED PROPERTY IS SHOWN AS PARCEL 74, DIVISION 106, REGION 48 ON OFFICIAL MANS OF LOS ANGELES COUNTY, FILED IN BOOK 3 PAGE 31 OF OFFICIAL MAPS. PARCEL 2: THAT PORTION OF LOT 2 OF TRACT 5974, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69 PAGE 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION, INC., BY DEED RECORDED MARCH 31, 1948 IN BOOK 26826 PAGE 381 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 1454, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WHICH CORNER LIES NORTH 82° 47' 15" WEST 605 FEET FROM STATION 22, AS SHOWN ON SAID MAP OF TRACT NO. 5974; THENCE ALONG THE WESTERLY LINE OF SAID ORIENTAL RUG CUSHION AND ITS NORTHERLY PROLONGATION NORTH 70 12' 45" EAST 403 FEET; THENCE SOUTH 820 47' 15 EAST 102.58 FEET; THENCE NORTH 70 12' 45" EAST 17 FEET; THENCE SOUTH 82° 47' 15" EAST 187.42 FEET; THENCE NORTH 7° 12' 45" EAST 30 FEET; THENCE NORTH 82' 47' 15" WEST 117.50 FEET; THENCE NORTH 870 01' 26" WEST 81.22 FEET; THENCE SOUTH 87' 45' 01" WEST 42.58 FEET; THENCE SOUTH 78018' 51 WEST 58.66 FEET; THENCE SOUTH 68° 39' 40" WEST 38.71 FEET TO THE EASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION COMPANY, INC., BY THE DEED RECORDED ON JULY 11, 1950 AS INSTRUMENT NO. 365 IN BOOK 33640 PAGE 64 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, SOUTH 7° 1.2' 45" WEST 399.50 FEET TO THE CORNER OF THE LAST HEREINABOVE MENTIONED ORIENTAL RUG CUSHION COMPANY PROPERTY; THENCE SOUTH 820 47' 15" EAST 40 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE PORTION OF SAID PARCEL LYING NORTH OF A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 301 FEET MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE, AND ITS WESTERLY PROLONGATION, OF SAID LAND CONVEYED TO H. F. ALLEN ESTATE CO. ALSO EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND LYING BELOW A DEPTH OF 100 FEET FROM THE SURFACE THEREOF, BUTH WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN THE DEED RECORDED AUGUST 25, 1961 AS INSTRUMENT NO. 134 IN BOOK D 1333 PAGE 529 OFFICIAL RECORDS. I THE ABOVE DESCRIBED PROPERTY IS SHOWN AS A PORTION OF PARCEL NO. 73, DIVISION 106, REGION 48 OF OFFICIAL MAPS OF LOS ANGELES COUNTY, FILED IN BOOK 3 PAGE 29 OF OFFICIAL MAPS. PARCEL 3: AN EASMENT TO USE IN COMMON WITH OTHERS OVER EAST 49'" STREET AND EVERETT AVENUE (LEADING TO FRUITLAND AVENUE, A PUBLIC STREET), AS PRIVATE STREET. SAID EAST 49T" STREET AND EVERETT AVENUE HEREIN REFFERED TO ARE DESIGNATED AS PARCELS 85 AND 91 OF REGION 48, DIVISION 106 OF OFFICIAL MAPS OF LOS ANGELES COUNTY, FILED IN BOOK 3 PAGES 28 TO 31 INCLUSIVE OF OFFICIAL MAPS. EXHIBIT "A" LOT LINE ADJUSTMENT LEGAL DESCRIPTION PARCEL 2 (4726 EVERETT COURT) PARCELI: THAT PORTION OF LOT 2, OF TRACT 5974, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 69 PAGE 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION COMPANY, INC. BY THE DEED RECORDED ON MARCH 31, 1948 IN BOOI{ 26826 PAGE 381 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 1454, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WHICH CORNER LIES NORTH 82° 47' 15" WEST 605 FEET AND THENCE NORTH 70 12' 45" EAST 301 FEET FROM STATION 22, AS SHOWN ON SAID MAP OF TRACT 5974; THENCE FROM SAID NORTHWESTERLY CORNER NORTH 70 12' 45" EAST AT 102 FEET; THENCE SOUTH 820 47' 15" EAST 102.58 FEET; THENCE NORTH 70 12' 45" EAST 17 FEET; THENCE SOUTH 820 47' 15" EAST 173.22 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 219.27 FEET BEARING SOUTH 24" 1.6' 43" EAST FROM SAID BEGINNING OF CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE 83.26 FEET; THENCE SOUTH 430 57' 50" WEST 19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 328.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 56.56 FEET TO THE NORTHERLY LINE OF SAID ORIENTAL RUG CUSHION PROPERTY; THENCE NORTH 82° 47' 15" WEST 173.50 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. TILE ABOVE DESCRIBED PROERTY SHOWN AS PARCEL NO. 75, DIVISION 106, REGION 48 ON OFFICIAL MAP OF LOS ANGELES COUNTY, FILED IN BOOK 3 PAGE 29 OF OFFICIAL MAPS. EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS CONTAINED IN SAID PROPERTY AT A DEPTH OF MORE THAN 100 FEET BELOW THE SURFACE THEREOF; PROVIDED, HOWEVER, THAT NEITHER THE GRANTOR, ITS SUCCESSORS OR ASSIGNS SHALL GO UPON OR USE ANY PORTION OF THE SURFACE OF SAID PREISES TO DRILL FOR, REMOVE OR PRODUCE SAID MINERALS OR FOR ANY OTHER PURPOSES, WHITHOUT THE WRITTEN CONSENT OF THE GRANTEE, HIS SUCCESSORS OR ASSIGNS, AS RESERVED BY CENTRAL MANUFACTURING DISTRICT INC., A MAINE CORPORATION, IN DEED RECORDED AUGUST 25, 1961 IN BOOK D-133 PAGE 529 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 134. TOGETHER WITH THAT PORTION OF LOT 2 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION, INC., BY DEED RECORDED JULY 11, 1950 AS INSTRUMENT NO. 365 IN BOOK 33640 PAGE 64 OF OFFICIAL RECORDS, WHICH CORNER LIES NORTH 82° 47' 15" WEST 605 FEET FROM STATION 22, AS SHOWN ON SAID MAP OF TRACT NO. 5974; THENCE ALONG THE WESTERLY LINE OF SAID ORIENTAL RUG CUSHION AND ITS NORTHERLY PROLONGATION NORTH 70 12' 45" EAST 403 FEET; THENCE SOUTH 820 47' 15 EAST 102.58 FEET; THENCE NORTH 7° 12' 45" EAST 17 FEET; THENCE SOUTH 82° 47' 15" 187.42 FEET; THENCE NORTH 7° 12' 45" EAST 30 FEET; THENCE NORTH 82° 47' 15" West 117.50 FEET; THENCE NORTH 87" 18' 51 WEST 58.66 FEET; THENCE SOUTH 680 39' 40" WEST 38.71 FEET TO THE EASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION COMPANY, INC., BY THE DEED RECORDED ON JULY 11, 1950 AS INSTRUMENT NO. 365 IN BOOK 33640 PAGE 64 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, SOUTH 70 12' 45" WEST 399.50 FEET TO THE CORNER OF THE LAST HEREINABOVE MENTIONED ORIENTAL RUG CUSHION COMPANY PROPERTY; THENCE SOUTH 820 47' 15" EAST 40 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING SOUTH OF A LINE THAT IS PARALLEL WITH AND DISTANT NORHTERLY 301 FEET MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE, AND ITS WESTERLY PROLONGATION, OF THAT LAND CONVEYED TO H. F. ALLEN ESTATE CO BY DEED RECORDED ON NOVEMBER 10, 1939 AS INSTRUMENT NO. 566 IN BOOK 16911 PAGE 392 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND LYING BELOW A DEPTH OF 100 FEET FROM THE SURFACE THEREOF, BUTH WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN THE DEED RECORDED AUGUST 25, 1961 AS INSTRUMENT NO. 134 IN BOOK D1333 PAGE 529 OFFICIAL RECORDS. THE ABOVE DESCRIBED PROPERTY IS SHOWN AS PARCEL 75 AND PORTIONS OF PARCEL NOS. 57, 58 AND 73, DIVISION 106, REGION 48 ON OFFICIAL MAPS OF LOS ANGELES COUNTY, FILED IN BOOK 3 PAGE 31 OF OFFICIAL MAPS. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGREgS, EGRESS AND INCIDENTAL PURPOSES, FOR PEDESTRIANS AND VEHICLES OVER THAT PORTION OF LOT 2 OF TRCT 5974, IN THE CITY OF VERNON, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 69 PAGE 67 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION COMPANY, INC., RECORDED AS INSTRUMENT NO. 1454; WHICH CORNER LIES NORTH 82' 47' 15" WEST 605 FEET FROM STATION 22, AS SHOWN ON SAID MAP OF TRACT NO. 5974; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID ORIENTAL RUG CUSHION PROPERTY TO A LINE THAT IS PARALLEL WITH AND DISTANT NORHTERLY 301 FEET MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE, AND ITS WESTERLY PROLONGATION, OF THE AFOREMENTIONED LAND CONVEYED TO H. F. ALLEN ESTATE CO; THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE EASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO ORIENTAL RUG CUSHION COMPANY, INC., RECORDED AS INSTRUMENT NO. 635; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, TO THE SOUTHEASTERLY CORNER OF LAST MENTIONED ORIENTAL RUG CUSHION COMPANY PROPERTY; THENCE EAST TO SOUTHWESTERLY CORNER OF THE PROPERTY CONVEYED TO ORIENTAL RUG CUSHION COMPANY, INC., RECORDED AS INSTRUMENT NO. 1454. PARCEL 3: AN EASMENT TO USE IN COMMON WITH OTHERS, EAST 49T" STREET AND EVERETT AVENUE (LEADING TO FRUITLAND AVENUE, A PUBLIC STREET), AS PRIVATE STREET. SAID EAST 49TIl STREET AND EVERETT AVENUE HEREIN REFFERED TO ARE DESIGNATED AS PARCELS 85 AND 91 OF REGION 48, DIVISION 106 OF OFFICIAL MAPS OF LOS ANGELES COUNTY, FILED IN BOOK 3 PAGES 28 TO 31 INCLUSIVE OF OFFICIAL MAPS. BOOK-EC_FAUL��-f 01 ( A: sw Q C ti E owl @R. W 4 R EVERETT AVE EVERETTCT LOMA VISTA AVE LOMA VISTA AVE EVERETTAVE 1 12 lid t� VV 0 LOMA VISTA AVE I NEW PARCEL LINE �n W Lr) Z `V W Z Q 1 w b O w o r') w O O 0 Ng7.45'01'IF NS $01226"W N82'47'15"W 117.50'� 5�"E 42.58'71 N1 a 186� N 7'12' 45" 1 9 �0� 58 N82'47'15"W�EVERETT COURT87 42' 30.00' � 173.22' ----- PARCEL LINE BEING REMOVED �N82'4715 W 102.58 N 7'12' 45"E A= 21'45' 25" o 17.00' R=219.26' PARCEL LINE L=83.26' BEING REMOVED 4726 EVERETT COURT Lo I N PARCEL 2=9'52'00" 0.85 ACRES R=328.44' N43'57'50"E L=56.56' z 19.00' 00' I 173.50' N82'47'15"W 192.69' PARCEL LINE o TO REMAIN N 1- 0 U r w cc W 3 2 O O � O 00 z 24.86' O ct 0 a M � v d- Z w oLn W z' Z N � J co J W U Q a 4820 EVERETT COURT PARCEL 1 1.39 ACRES 00 N W In' d- N n N82'47'15"W (BASIS QF BEARINGS) 155.00'- 1,— . 170.14' N82'47'15"W I EAST 49:—' STREET LANDS� 0,� C-) 4tj 0 O cr N0. 8T71 o 33 OF UJV.IY crn M & M & CO. EXHIBIT B SCALE: 16145 ROSCOE BOULEVARD CERTIFICATE OF COMPLIANCE NORTH HILLS, CA 91343 LOT LINE ADJUSTMENT DATE: (818) 891-9100 08-19-14 4820 EVERETT COURT GREGORY M. AMOROSO L.S. 8771 a SHEET CITY OF VERNON, CALIFORNIA 1 OF 1 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, Ser-gio Canales, Assistant Planner of the City of Vernon, do hereby certify that on Tuesday, October 6, 2015, mailed a copy of Notice of Public Hearing, to be held on October 20, 2015, regarding a Variance for Meridith Baer located at 4820 Everett Court, to the interested parties and agencies on the attached list, by United States Mail with postage 6 , Date: / Sergi 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 JSIJ.b 6 , t;)C /-- / before me, Sri �� / � lc� , notary public, personally appeared Sergio Canales who proved to me on tIldbasis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ske4hey executed the same in his# /dw4 authorized capacity(ies), and that by his/her-Aeisignature(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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. MARISOL TRUJILLO WITNESS my hand and official seal. Commission # 2093319 z Z Notary Public - California z Z Los Angeles County D MV Comm. Expires Dec 23, 2018 Signature _4-�4A' 'W� - Signatur of Notary Public a 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, October 20, 2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Meridith Baer REQUEST: Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g) of the City Code, which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size. PROPERTY 4820 Everett Court, 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 cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: 10 I'a, I � a r aria Ayala, 64ty Clerk Easy Peel- Labels i A Bend along line to Use Avery® Template 51600 j Feed Paper — expose Pop-up Edge- 6304-025-006 6304-022-042 A&M Realty Co. US Radiator Corporation 4371 E. 491h Street 4423 District Boulevard Vernon, CA 90058 Vernon, CA 90058 6304-022-059 Catellus Finance 1, LLC 6304-025-010 4545 Airport Way Actino Q. Castillo Denver, CO 80239 6020 King Avenue #B Maywood, CA 90270 6304-024-001 Alex Chang Hoon Lee 6304-025-011 11059 Provence Lane Dave Sampanis Tujunga, CA 91042 2007 N. San Marcos Road Santa Barbara, CA 93108 6304-024-002/003 6304-025-020 4368 & 4400 District Blvd., LLC Ed Produce, Inc. 120 E. 81h Street, #208 14052 Sunrise Drive Los Angeles, CA 0014 Whittier, CA 90602 6304-024-004/005 6304-025-029/030 Steven & Karen Hansen Lehrer Family Properties, LP 4410 District Boulevard 975 Knollwood Drive Vernon, CA 90058 Santa Barbara, CA 93109 6304-024-006/007 Daum W H Investment Co. 5731 W. Slauson Ave., #222 Culver City, CA 90230 6304-024-008/009 Francisco Gamez P.O. Box 1670 Iowa City, IA 52244 6304-024-010 Shewak & Lajwanti Holdings, LLC 5601 S. Downey Road Vernon, CA 90058 6304-024-800 Los Angeles Junction Railway Co. 4433 Exchange Avenue Vernon, CA 90058 6304-025-002/003 Yinghua, LLC 9538 Brighton Way #316 Beverly Hills, CA 90210 6304-025-031 CMD Partners 2500 Michelson Drive #200 Irvine, CA 92612 6304-026-005 Ferrer Property, Inc. 1431 Colorado Avenue Santa Monica, CA 90404 6304-026-010 Honming Properties 16406 Bear Meadow Circle Cerritos, CA 90703 6304-026-017 Whole Food Trading Co. 3516 E. Olympic Boulevard Los Angeles, CA 90023 6304-26-018 Steve Fromer 4924 Everett Court Vernon, CA 90058 V AV WO 5160® 6304-026-019 Issa Ventures, LLC 4560 Pacific Boulevard Vernon, CA 90058 6304-026-029 GM Distributing, LLC 4933 Loma Vista Avenue Vernon, CA 90058 6304-026-030 Fruitland Boyle Investments, LLC 4455 Fruitland Avenue Vemon, CA 90058 Meridith Baer P.O. Box 49798 Los Angeles, CA 90049 Bria Didszun, Esq. 14011 Ventura Blvd., #406 Sherman Oaks, CA 91403 Greg M. Amoroso M&M & Company Land Surveyors 16145 Roscoe Boulevard North Hills, CA 91343 Kimberly Reeves M&M & Company Land Surveyors 16145 Roscoe Boulevard North Hills, CA 91343 Caleb Morse P.O. Box 49798 Los Angeles, CA 90049 hiquettes faciles ci peter Sens,� de Repliez a la hachure afirr de ; www averycom lJtilisez le gabarit AVERI(® 51600 j charoement reveler le rebord Pop-upTM 1-800-GO-AVERY Easy reel- Ladels i ♦ Bend along line to i AVERW 51600 Use Avery® Template 51604D j Feed Paper expose Pop-up EdgeTM j City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 L.A. County Board of Supervisors Director of Planning James Hertl — Room 1390 320 W. Temple Street Los Angeles, CA 90012 South Coast Air Quality Mgmt District (AQMD) 21865 E. Copley Drive Diamond Bar, CA 91765 Brian Scanlon L.A. County Public Works Mapping & Property Mgmt. 900 S. Fremont Avenue, 10" Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Bell, CA 90201 City of Cudahy Planning Department 5220 Santa Ana Street Cudahy, CA 90201 L.A. County Sanitation District P.O. Box 4998 Whittier, CA 90607 Lucille Roybal-Allard Congresswoman 500 Citadel Drive, Ste 320 Commerce, CA 90040 Gloria Molina Board of Supervisors 500 W. Temple St., Ste 856 Los Angeles, CA 90012 City of Long Beach Office of the City Manager 333 W. Ocean Blvd., 13"' floor Long Beach, CA 90802 E.J. Contreras Owens -Brockway 2901 Fruitland Avenue Vernon, CA 90058 California Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA 90270 L.A. County Flood Control District 900 S. Fremont Avenue 81' Floor Alhambra, CA 91803 John Kinas United States Aluminum 3663 Bandini Boulevard Vernon, CA 90023 Ms. Gutierrez 924 S. Mott Street Los Angeles, CA 90023 James H. Hillands Heger Realty Corp. 5657 E. Washington Blvd. Los Angeles, CA 90040 Joseph R. Garruba California Portland Cement Co. 2025 E. Financial Way Glendora, CA 91740 J.J. Little J.J. Little Company, Inc. 9945 Malgar Drive Whittier, CA 90603 L.R. Luppen Metal Products Engineering 3050 Leonis Boulevard Vernon, CA 90058 Ellen Orlando Karen Lehrer 2300 E. 1 Ph Street Los Angeles, CA 90021 Dave Karrker California Water Service 5243 E. Sheila Street Commerce, CA 90022 City of Maywood L.A. Unified School District So. Cal Edison Planning Department Office of Environmental Health & Safety 1924 Cashdan Street 4319 Slauson Avenue 333 South Beaudry Ave., 20" Floor Compton, CA 90220 Maywood, CA 90270 Los Angeles, CA 90017 Attn: Mike Frazier Attention: Glenn Striegler Suk Chon City of Los Angeles County of Los Angeles Planning Department Department of Public Works 200 North Spring St. Land Development Division Los Angeles, CA 90012 P.O. Box 1460 Alhambra, CA 91802-1460 I:tiquettes faciles a peter Utilisez le gabarit AVERY® 51600 ARepliez a la hachure afin de ; Sens de www.avery.com reveler le rebord Po -u TM i char ement P P 1-800-GO-AVERY r-aby rrCl- Lauen A Bend along line to I Use Avery@ Template 51600 Feed Paper expose Pop-up EdgeTM j � & AVERY@ 51600 Rcynan L. Ledesma Department of Water & Power L.A 111 N. Hope Street Los Angeles, CA 90012 Burlington Northern Santa Fe Railroad 3770 E. Washington Blvd. Los Angeles, CA 90023 Attn: Dick Ebel The Gas Company (So. Cal Gas Co.) P.O. Box 3150 San Dimas, CA 91773 L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Attn: Marion Alexander Eti uettes faciles a eler 11 i ' q P , Repliez a la hachure afin de , vvww.avery.com � Utilisez le gabarit AVERY® 51600 j Sens de cha gement reveler le rebord Pop-upTM j 1-800-GO-AVERY ' 1 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, October 20, 2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Meridith Baer REQUEST: Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g) of the City Code, which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size. PROPERTY INVOLVED: 4820 Everett Court, Vernon, CA 90058 REVIEW OF: The application, maps, and supporting information are THE FILE: available for public review during normal business Furs 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 cmtinued or adjourned or cancelled and rescheduled to a stated time and plane without further notice of a public hearing - Dated -. 1016115 W Maria Ayala, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A VARIANCE TO MERIDITH BAER FROM SECTION 26.4.1-8(g) OF THE VERNON CITY CODE, FOR THE PROPERTY LOCATED AT 4820 EVERETT COURT WHEREAS, Meridith Baer on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8(g), which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size and the granting of a waiver to Three Angels Investment, LLC from Section 28.28(b) of the City Code; and WHEREAS, Section 28.28(b) of the City Code states that all lots shall have frontage of at least 150 lineal feet on a public street; and WHEREAS, Meridith Baer and Three Angels Investment, LLC are proposing to adjust the property lines between their parcels. Meridith Baer owns two parcels. Parcel one, known as 4820 Everett Court (Assessor Parcel No. 6304-025-008), is 1.12 acres in size (the "MB Everett Court Parcel"). The second parcel owned by Meridith Baer is a private street known as Everett Court and consists of two parcels Assessor Parcel No. 6304-025-007 and 6304-024-011 and is 0.57 acres in size combined (the "MB Street Parcel"). Three Angels Investment, LLC owns the property known as 4726 Everett Court (Assessor Parcel No. 6304-025-009) and is 0.55 acres in size (the "3AI Parcel"). None of the aforementioned parcels are located in the C-1 or C-2 Overlay Zones (as established by Sections 26.3.1-1, 26.4.2 and 26.4.3 of the City Code); and WHEREAS, the building on the 3AI Parcel is approximately 20,000 square feet in size and takes up almost all of the land area of the parcel. The loading dock serving the 3AI Parcel is actually on the MB Everett Court Parcel. Trucks accessing this dock and employees that work in the Three Angels Investment, LLC building routinely park on the MB Everett Court Parcel. Meridith Baer initiated litigation against Three Angels Investment, LLC over the use of the MB Everett Court Parcel. As part of a negotiated settlement, Three Angels Investment, LLC has agreed to purchase a portion of the MB Everett Court Parcel adjoining the 3AI Parcel. This has triggered the submittal of a lot line adjustment application by Meridith Baer and Three Angels Investment, LLC for City of Vernon approval; and WHEREAS, the 3AI Parcel is currently 0.55 acres in size. After the lot line adjustment, the 3AI Parcel will be 0.85 acres in size. Section 26.4.1-8(g) of the City Code requires all newly established parcels to be a minimum of one (1) acre in size. In addition, Section 28.28(b) of the City Code requires all lots to have frontage of at least one hundred fifty (150) feet on a public street. The 3AI Parcel's only frontage is a private street along Everett Court. However, Section 28.8 of the City Code does permit the City Council to issue a waiver of direct access to a public street for a parcel map as long as other reasonable access is provided; and WHEREAS, there exists special circumstances applicable to this lot that do not apply to neighboring properties. The 3AI Parcel is an existing land -locked parcel less than one (1) acre in size. The lot currently has access to a public street via a recorded easement through Everett Court to 49th Street. With the lot line adjustment, the new 3AI Parcel will be more conforming with respect to auto parking and truck loading. The new parcel will continue to have access to 49th Street via an ingress and egress easement along Everett Court. City staff believes - 2 - that the issuance of a variance from the minimum lot size requirement and a waiver from the street frontage requirements are appropriate given the unique circumstances; and WHEREAS, the proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. The Director of Public Works, Water & Development Services has recommended that the City find that the Project is categorically exempt from review under the California Environmental Quality Act (CEQA), in accordance with Title 14, Chapter 3, Class 5, Section 15305 of the CEQA Guidelines, because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density; and WHEREAS, a Notice of Exemption will be prepared and filed with the County Clerk; and WHEREAS, the City Council has received a Staff Report dated October 20, 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 October 20, 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 - 3 - 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 15305 of the CEQA Guidelines and directs the City Clerk, or the City Clerk's designee, to file a Notice of Exemption with 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 26.4.1-8(g) of the City Code, and the variance is hereby granted to the Applicant for the Project based on the following findings as required by Section 26.6.2-5 of the Vernon Zoning Code: a. There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Unlike the other properties in the vicinity, and in the same zone, without a variance the lot line adjustment would not be granted and would prevent Three Angels Investment, LLC from purchasing a portion of the MB Everett Court Parcel in which its truck loading docks are located, thus preventing Three Angels Investment, LLC from bringing the parcel into a more conforming condition in relation - 4 - to the City Code merely because of the size of the lot. b. The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code and deprive the 3AI Parcel of privileges enjoyed by others. Namely, the lot line adjustment, while not bringing the 3AI Parcel into full compliance with the City's zoning standards, would significantly improve the conformity of the lot by providing onsite truck loading maneuvering and auto parking. It would also deprive Meridith Baer from selling a portion of its lot that is almost exclusively used by Three Angels Investment, LLC. C. The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties. Granting the variance will help square off the odd -shaped 3AI Parcel and will allow Three Angels Investment, LLC to make more efficient use of the land available for its existing building. As such, no special privilege is being granted by the approval of this variance. d. The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City's General Plan states that no lot shall be established for any use unless the lot is at least one acre in size. The approval of the lot line adjustment will make the 3AI Parcel more conforming with the City's zoning requirements, while keeping the MB Everett Court Parcel the same in relation to zoning requirements. The General Plan land use designation for the site is Industrial and its Zoning designation is also industrial (and not in either the C-1 or C- 2 Overlay Zones). The use of the property is consistent with the - 5 - General Plan and will comply with all other applicable zoning provisions. e. The grant of the variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. Acquisition of a portion of the MB Everett Court Parcel by Three Angels Investments, LLC, will provide additional necessary employee parking spaces and maneuvering area. Therefore, no on -street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. The proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. 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 industrial uses in the I -Zone. The variance is suitably conditioned to protect neighboring property interests by requiring ingress and egress easement be recorded along Everett Court to provide proper access to neighboring properties. SECTION 6: The City Council hereby grants a waiver from Section 28.28(b) of the City Code, requiring each parcel to have a minimum 150-foot frontage on a public street. SECTION 7: In order to adequately protect the public health and general welfare, the following conditions are required: a. The Property 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. - 6 - b. A minimum twenty seven (27) foot wide easement shall be provided to all properties adjoining Everett Court to 49th Street to ensure proper ingress and egress, utility service and fire access to the parcels. C. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. d. Not later than twenty (20) days from the date of approval of the variance, the Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, shall indicate, in writing, their 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. e. Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, and any successors in interest thereof shall indemnify, hold harmless and defend the City of Vernon, its duly elected and appointed 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 gross 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 - 7 - defense of or otherwise intervene in any such action. SECTION 8: 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 20th day of October, 2015. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy ity Attorney Name: Title: Mayor / Mayor Pro-Tem - 8 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , 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, October 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2015, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 9 - 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, October 20, 2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Meridith Baer REQUEST: Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g) of the City Code, which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size. PROPERTY 4820 Everett Court, 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 cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: I o bli Zo I S aria Ayala, 64ty Clerk NOTICE OF EXEMPTION NOTICE OF EXEMPTION R IVED JAN 0 4 2016 TO: ❑ Office of Planning and Research FROM: City of Vernon CITY CLERK'S Of ACE PO Box 3044 4305 Santa Fe Avenue Sacramento, CA 95812 Vernon, CA 90058 El County Clerk, County of Los Angeles Environmental ngs 2015 275948 12400 E. Imperial 1Hwy., Room 1101 I III I III II II IIIII I I I I IIII I I IIIII I III IIII IIII Norwalk, CA 90650 FILED Oct 29 2015 Project Title: Project Applicant: Dean C. Logan. Registrar — Recorder/County Clerk Meridith Baer Meridith Baer Electronically signed by KENYON BRADLEY Project Location - Specific 4820 Everett Court, Vernon, CA 90058 Project Location — City: Project Location — County: Vernon - Los Angeles Description of Nature, Purpose and Beneficiaries of Project: Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g) of the City Code, which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size. Name of Public Agency Approving Project: City of Vernon Name of Person or Agency Carrying Out Project: Meridith Baer 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: Sec.15305, Class 5 Statutory Exemptions. State code number: Reasons why project is exempt: The Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Class 5, Section 15305, "Minor Alterations in Land Limitations," because; the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density. Lead Agency Contact Person: Area Code/Telephone/Extension: Samuel Kevin Wilson, P.E. 323/583-8811/245 Director of Public Works, W ter & Development Services Signature: /' , _ Date: Date Received for filing at OPR: _ THIS NOTICE WAS POSTED ON October 29 2015 UNTIL November 30 2015 REGISTRAR —RECORDER/COUNTY CLERK