Resolution No. 2015-070RESOLUTION NO. 2015-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A BUILDING CODE VARIANCE TO LEHRER
FAMILY PROPERTIES, LP FROM TABLE 705.8 OF THE
CALIFORNIA BUILDING CODE, FOR THE PROPERTY LOCATED
AT 4889 AND 4789 LOMA VISTA AVENUE
WHEREAS, Nuconic Packaging, LLC (hereinafter referred to as
"Nuconic") occupies the property located at 4889 and 4789 Loma Vista
Avenue in the City of Vernon (hereinafter referred to as the
"Property"); and
WHEREAS, Nuconic, on behalf of the property owner, Lehrer
Family Properties, LP, is requesting a Variance from Table 705.8 of the
Building Code in order to allow the construction of one opening
measuring 8' x 10' in the property line wall along the common boundary
of 4889 and 4789 Loma Vista Avenue. In accordance with Table 705.8 of
Building Code, openings in exterior walls are not permitted within
three (3) feet of a property line; and
WHEREAS, the Property is comprised of adjoining parcels under
single ownership and if the properties were merged into one parcel, the
subject common walls could be considered a firewall, and, in accordance
with section 706.8 of the Building Code, openings in a fire wall are
permitted; and
WHEREAS, Lehrer Family Properties, LP does not wish to merge
the two lots at this time so that in the future the buildings can be
sold independently; and
WHEREAS, City Staff is of the opinion that conditions can be
placed on the Variance so that no additional hazards will be introduced
and the buildings' protections will be equivalent to those prescribed
in the Building Code; and
WHEREAS, the City Council has received a Staff Report dated
November 3, 2015, upon which it has relied in making the foregoing
recitals; and
WHEREAS, the Director of Public Works, Water & Development
Services has recommended that the City find that the Project is
categorically exempt from the California Environmental Quality Act
because it is an existing facility pursuant to Section 15301, and a
Notice of Exemption will be prepared and filed with the County Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
finds that the proposed project is categorically exempt pursuant to
Section 15301 of the California Environmental Quality Act and directs
the City Clerk, or the City Clerk's designee, to file a Notice of
Exemption in regard to the lack of environmental impact of said
project with the County Clerk of the County of Los Angeles.
SECTION 3: A Variance from Table 705.8 of the 2013
California Building Code, is hereby granted to Lehrer Family
Properties, LP, for the Property located at 4889 and 4789 Loma Vista
Avenue.
SECTION 4: The Variance granted is subject to the following
conditions:
a) A three-hour fire rated door assembly shall be provided and
maintained at the opening in the property line wall. The door
shall have fusible links on both sides of the opening. A permit
shall be obtained from the Vernon Building Department to construct
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the opening prior to commencement of construction.
b) Upon any change in occupancy, ownership or use of the Property,
under a building permit, the opening shall be sealed to meet the
same fire rating as the original wall.
c) Any violation of this Variance will result in a revocation of the
Certificate of Occupancy for each structure.
SECTION 5: 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 3rd day of November, 2015.
ATTEST:
aria E0 Ayala
City Clerk / nenuty
APPROVED AS TO FORM:
+,M� L��
Brian Byun, Dep Vy City Attorney
AW
-101-'.'����' Name: W. Michael McCormick
Title: Mayor / M
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E . Ayala
City Clerk /_ ''f the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-70, 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, November 3, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this ea`: day of November, 2015, at Vernon, California.
(SEAL)
-7: -Maria Ayala
City Clerk /
r s 1
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TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 10, 2015
TO: S. Kevin Wilson, Director of Public Works, Water & Development Services
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2015-70 — A Resolution of the City Council of the City of Vernon Granting
a Building Code Variance to Lehrer Family Properties, LP from Table 705.8 of the
California Building Code, for the Property Located at 4889 and 4789 Loma Vista Avenue
Transmitted herewith is a copy of Resolution No. 2015-70 referenced above, which was approved by City
Council on November 3, 2015.
Thank you.
Attachment
c: Sergio Canales
Resolution No. 2015-70
STAFF REPORT
-�: F7D
1015
CITY CLERK'S OFFICE
STAFF REPORT
RECEIVED
OCT 2 2 2015
CITY ADMINISTRATION
Mw19
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: November 3, 2015
TO: Honorable Mayor and City Council
-141�-)
FROM: Samuel Kevin Wilson, Director of Public Works, Water and Development
Services Department
Originator: Sergio Canales, Assistant Planner
RE: Approval of a Building Code Variance to Lehrer Family Properties, LP
located at 4889 and 4789 Loma Vista Avenue
RECOMMENDATION
A. Find that approval of the building code variance proposed in this staff report is
categorically exempt from review under the California Environmental Quality Act
(CEQA) in accordance with Class 1, Section 15301 of the CEQA Guidelines, "Existing
Facilities," because it is an existing facility with no expansion of manufacturing and
distribution use of the buildings. A Notice of Exemption will be prepared and filed with
the County Clerk; and
B. Adopt a resolution approving a building code variance from the 2013 CBC, Table No.
705.8 which does not permit openings in the exterior walls within three (3) feet of a
property line, subject to certain conditions, to Nuconic Packaging, LLC for the property
located at 4889 Loma Vista Avenue.
PROJECT
Nuconic Packaging, LLC ("Nuconic") is applying for a building code variance on behalf
of the property owner of 4789 and 4889 Loma Vista Avenue, Lehrer Family Properties, LP.
Nuconic occupies and utilizes both of the buildings to manufacture and warehouse plastic food
containers. The buildings on each of these sites adjoin each other. Due to the nature of their
business, they will need direct access between the two buildings in order to allow them to
transfer product effectively between the two buildings. By providing access between the two
buildings, it would prevent and remove any vehicular traffic (forklifts) from being driven
through the parking lot area to access the adjacent building. They are proposing to construct one
opening along the common property line. The 2013 California Building Code (CBC), Table No.
705.8 states that no openings in the exterior wall are allowed within 3 feet of the property line.
M
Nuconic is requesting a variance from Table No. 705.8 of the 2013 CBC and proposes to
construct one roll -up door opening measuring 8'x 10'. In addition the applicant has stated that
this variance, if granted, will improve productivity.
Since the opening will be in a common wall separating two buildings owned by the same
individual, it is staffs opinion that the adjoining walls may be viewed similarly as a fire wall
separating two buildings on the same lot. A fire wall is defined as a wall that extends vertically
from the foundation to point 30-inches above the roof and horizontally to the outer edges of any
horizontal element creating in essence two separate buildings. The objective of the fire wall is
that a complete burnout can occur on one side of the wall without any effects of the fire being
felt on the opposite side. Section 706.8 of the 2013 California Building Code allows openings in
fire walls as long as they are properly protected per table 706.4 and do not exceed 25% of the
length of the wall. In this case Nuconic intends to provide a 3-hour fire rated door in
conformance with the code for a fire wall.
It is anticipated that no additional hazards will be introduced if the variance is granted.
The Fire Chief has reviewed this proposal and is in agreement with my recommendation.
Therefore, it is recommended that the building code variance be granted with the
following conditions:
a) A three-hour fire rated door assembly shall be provided and maintained at the opening in
the property line wall. The door shall have fusible links on both sides of the opening. A
permit shall be obtained from the Vernon Building Department to construct the opening
prior to commencement of construction.
b) Upon any change in occupancy, ownership or use of the Property, under a building
permit, the opening shall be sealed to meet the same fire rating as the original wall.
c) Any violation of this Variance will result in a revocation of the Certificate of Occupancy
for each structure.
Attachment(s)
1. Building Code Variance Application and Supporting information
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For Official Use Only
Account No. 011.1041.468400
City of Vernon, Department of Community Services & Water
4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811
Building Code Variance Application
Site Address or Addresses that the variance is being sought for: Lo.ti. U",-,rA
Applicant Information: {�
Name of Business Representing Owner: ' " "t "LL
Arp•-� ^ 2:.t Naruc: ►\ %- A`N FRA M
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Relation to Applicant: 2Owner XLessee Architect/Engineer .-Attorney Realtor 2Representative
-Other
Address: �+^A V+SrpvC /�
Phone: 32 3, S3S, 9.033 Email: i'"' LAnf � ll%k co.,�,� t�Ac({�Ff, a,L-,L��L
Specific section(s) of the building code for which this variance is being requested (attach additional sheets if
necessary): EiZ�ex--r•y L, y-u' VA , p jr
Reason why the variance should be approved including how the intent of the code will be met (attach additional
sheets if necessary):
rAC-W h6-,NE�"n5 So'c.�1r �� 635 � i .c��✓ -i7dct /-a9
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Cc.LrLt1ENT,.-w OriL.y Acr C-sS S Y t���„rc d �' t .�- Ot��s+Ot W►�tY
LOGh'+"(or5 WILL_ —L�-,� ,ANC l7t�t]c��Tl ✓r �rlL
Property Owner Information:
Property Owner Name:
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Mailing address: Cl �S k. t� �..o �� iZ�vr=r SAS 3Ae-3A,ZA CA-
Phone: � S •7 7� Email: -1 - -
Print Name: S EH o-i e�� i2 c'>Z Title: L) Date:
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Signature (signature mast be notarized): *1- r /'�
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Print Name: Title: Harp•
Signature (signature must he notarized):
(NOTE: ff property is owned by a corporation or partnership, see attached signature requirements sheet to
determine who roust sign this document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL O.
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 Calif mia )
County of /� �!%�� O✓
On 4�� �v before me,
Date _.,
personally appeared
Insert Name and Title of the
yV
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be th rso whose name( r'f
s scribed to the within instrument and acknowl ged to me tha =hey -executed the same in
/fiiseirauthorized capacity000 and that b i /their-signature(s}en the instrument the person(s)—,
the entity upon behalf of which the persorrMatled, executed the instrument.
ANNABEI R. LOPE2
commission # 2115558
Notary Public - California
Z Santa Barbara County
my Comm. Ex Tres Jun 14, 2019
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.
Signatur
Signature of Notary Pu (Iic
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
Title or Type of Document:
Number of Pages:
Document Date:
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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
S2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) ltem#5907
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QVEPALL PLAN
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING A BUILDING CODE VARIANCE TO LEHRER
FAMILY PROPERTIES, LP FROM TABLE 705.8 OF THE
CALIFORNIA BUILDING CODE, FOR THE PROPERTY LOCATED
AT 4889 AND 4789 LOMA VISTA AVENUE
WHEREAS, Nuconic Packaging, LLC (hereinafter referred to as
"Nuconic") occupies the property located at 4889 and 4789 Loma Vista
Avenue in the City of Vernon (hereinafter referred to as the
"Property"); and
WHEREAS, Nuconic, on behalf of the property owner, Lehrer
Family Properties, LP, is requesting a Variance from Table 705.8 of the
Building Code in order to allow the construction of one opening
measuring 8' x 10' in the property line wall along the common boundary
of 4889 and 4789 Loma Vista Avenue. In accordance with Table 705.8 of
Building Code, openings in exterior walls are not permitted within
three (3) feet of a property line; and
WHEREAS, the Property is comprised of adjoining parcels under
single ownership and if the properties were merged into one parcel, the
subject common walls could be considered a firewall, and, in accordance
with section 706.8 of the Building Code, openings in a fire wall are
permitted; and
WHEREAS, Lehrer Family Properties, LP does not wish to merge
the two lots at this time so that in the future the buildings can be
sold independently; and
WHEREAS, City Staff is of the opinion that conditions can be
placed on the Variance so that no additional hazards will be introduced
and the buildings, protections will be equivalent to those prescribed
in the Building Code; and
WHEREAS, the City Council has received a Staff Report dated
November 3, 2015, upon which it has relied in making the foregoing
recitals; and
WHEREAS, the Director of Public Works, Water & Development
Services has recommended that the City find that the Project is
categorically exempt from the California Environmental Quality Act
because it is an existing facility pursuant to Section 15301, and a
Notice of Exemption will be prepared and filed with the County Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
finds that the proposed project is categorically exempt pursuant to
Section 15301 of the California Environmental Quality Act and directs
the City Clerk, or the City Clerk's designee, to file a Notice of
Exemption in regard to the lack of environmental impact of said
project with the County Clerk of the County of Los Angeles.
SECTION 3: A Variance from Table 705.8 of the 2013
California Building Code, is hereby granted to Lehrer Family
Properties, LP, for the Property located at 4889 and 4789 Loma Vista
Avenue.
SECTION 4: The Variance granted is subject to the following
conditions:
a) A three-hour fire rated door assembly shall be provided and
maintained at the opening in the property line wall. The door
shall have fusible links on both sides of the opening. A permit
shall be obtained from the Vernon Building Department to construct
- 2 -
the opening prior to commencement of construction.
b) Upon any change in occupancy, ownership or use of the Property,
under a building permit, the opening shall be sealed to meet the
same fire rating as the original wall.
c) Any violation of this Variance will result in a revocation of the
Certificate of Occupancy for each structure.
SECTION 5: 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 3rd day of November, 2015.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
+jm� px��
Brian Byun, Dep Vy City Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -
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, November 3, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of November, 2015, at Vernon, California.
(SEAL)
City Clerk / Deputy City Clerk
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