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Resolution No. 8879 1 RESOLUTION NO. 8879 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO SEVEN FOR ALL MANKIND, LLC. FROM SECTION 26.4.6-4(b) OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 4440 26TH STREET IN THE CITY OF VERNON 3 4 5 6 WHEREAS, Seven For All Mankind, LLC. (hereinafter 7 referred to as "Seven For All Mankind") is a manufacturing and 8 distributing company of denim/jeans and fashion apparel located at 4440 26th Street in the City of Vernon; and WHEREAS, Seven For All Mankind is requesting a variance from Section 26.4.6-4(b) of the Comprehensive Zoning 9 10 11 12 Ordinance; and 13 WHEREAS, 4440 26th Street is located in the M2-Zone, 14 Heavy Industrial and the operation is consistent with the objectives of the General Plan and Comprehensive Zoning 15 16 Ordinance; and 17 WHEREAS, Seven For All Mankind are proposing to 18 perform tenant improvements to their existing offices located at 4440 26th Street, which also includ~s the demolition and remodel 19 20 of a portion of the existing rooftop which will instigate 21 compliance with the current parking requirements; and 22 WHEREAS, Section 26.4.6-4(b) states that where 23 insufficient space exists on the lot or parcel for compliance 24 with the off-street parking and access requirement of this 25 chapter, compliance shall occur at the time of any expansion or 26 structural alteration of the building, buildings, or within forty years of the adoption of Ordinance No. 801, Off-street 27 28 -1- 1 parking and loading ordinance, adopted on August 19, 1969, whichever occurs first; and WHEREAS, given the physical conditions of the property, strict compliance with Section 26.4.2-8(b) would force Seven For All Mankind to demolish portions of its existing facility in order to provide additional required automobile parking thus creating an unreasonable hardship; and WHEREAS, Section 26.5.1-6 permits the City Council to grant variances from the Comprehensive Zoning Ordinance; and WHEREAS, a variance from this section is required before Seven For All Mankind can perform tenant improvements to their existing offices located at 4440 26th Street, which also includes the demolition and remodel of a portion of the existing rooftop; and WHEREAS, the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties but will allow Seven For All Mankind to improve their visual characteristics of its structure by improving the architectural features of the existing building; and WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for manufacturing; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 / / / / / / 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council has received a Staff Report dated October 26, 2005, 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 November 2, 2005; and 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 recitals contained herein- above are true and correct. SECTION 2: Section 26.4.6-4(c) of the Zoning Ordinance provides, in part, that a non-conforming building must comply with these standards at the time of any changes in use, occupancy, expansion, structural alteration of the building or within five years of April 18, 1989 whichever occurs first unless a variance is granted. SECTION 3: The variance from the requirement of Section 26.4.2-8(b) is granted subject to the following conditions: a) The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. This variance shall automatically expire at the time of any expansion or structural alteration of the b) c) -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d) building. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6-4(b). All parking and loading areas necessary for Seven For All Mankind operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet-City standards. Adequate on-site parking shall be maintained so that no on street parking or staging will occur. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. Noncompliance with any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require Seven For All Mankind to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. / / / 1// / / / / / / / / / e) f) -4- 1 2 3 SECTION 4: The Acting City Clerk of the City of Vernon shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of November, 2005 4 5 6 7 8 9 10 ATTEST: k LEONIS C. MALBURG, Mayor :> 11 BRUCE V. MALKENHORST JR., Acting City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- . . . 1 2 3 4 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES 5 I, BRUCE V. MALKENHORST JR. , Acting City Clerk of 6 the City of Vernon, do hereby certify that the foregoing 7 Resolution, being Resolution No. 8879 was duly adopted by the 8 City Council of the City of Vernon at a regular meeting of the 9 10 11 12 13 14 City Council duly held on Wednesday, November 2, 2005 and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST JR., Acting City Clerk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- 'Jlf SUPPORTING DOCUMENTS. 4;. (!J'.' ,. ~ ~:~:Ornia 90058 !~~r::vos l\rt\rP ~(YIP' ~ ',11\ ~ Q;~ ~ ('t A,l\ \ " ~. e;\ f ~~~~ Seven For All Mankind, LLC. has requested a variance from Section 26.4.6-4(b) of the Comprehensive Zoning Ordinance. They are proposing to perform tenant improvements to their existing offices located at 4440 26th Street, which also includes the demolition and remodel of a portion of the existing rooftop. Section 26.4.6-4(b) states that where insufficient space exists on the lot or parcel for compliance with the off-street parking and access requirement of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building, buildings, or within forty years of the adoption of Ordinance No. 801, Off-street parking and loading ordinance, adopted on August 19, 1969, whichever occurs first. Therefore, Seven For All Mankind seeks a variance from section 26.4.6-4(b). CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tern WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman L ~/CW.~lIl- (}~ : n.et,/f Il/s(dJ SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer /v Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: After review of the application by the Community Services Department, it is recommended that the variance application permit be granted. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Request for variance application permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. l~du~ivelll iubu~dnl Honorable City Council -2- October 26, 2005 The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. It is recommended that the variance application permit be granted subject to the following conditions: a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. b. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c. This variance shall automatically expire at the time of any expansion or structural alteration of the building. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6-4(b). d. All parking and loading areas necessary for Seven For All Mankind operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet City standards. Adequate on-site parking shall be maintained so that no on street parking or staging will occur. e. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. f. Noncompliance with any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require Seven For All Mankind to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. submitted, & Water SKW: sc Attachments C: City Attorney \. STAFF REPORT SEVEN FOR ALL MANKIND, LLC. 4440 26TH STREET VARIANCE APPLICATION October 26, 2005 Seven For All Mankind, LLC. (hereinafter referred to as "Seven For All Mankind") has requested a variance from Section 26.4.6-4(b) of the Comprehensive Zoning Ordinance. They are proposing to perform tenant improvements to their existing offices located at 4440 26th Street, which also includes the demolition and remodel of a portion of the existing rooftop. Section 26.4.6-4(b) states that where insufficient space exists on the lot or parcel for compliance with the off-street parking and access requirement of this chapter, compliance shall occur at the time of any expansion or structural alteration of the building, buildings, or within forty years of the adoption of Ordinance No. 801, Off-street parking and loading ordinance, adopted on August 19, 1969, whichever occurs first. Therefore, Seven For All Mankind seeks a variance from section 26.4~6-4(b). This site is located in the M2- Zone. -1- \ The applicant has stated that this variance, if granted, will improve their visual characteristics of the structure by improving the architectural features of the existing building and will not expand its use of operations. Seven For All Mankind is requesting that it not be required to bring the building into conformity with the parking and loading requirements and is seeking a variance from Section 26.4.2-8(C). The area where the roof will be raised is in the office area in this location it will not allow for additional storage, nor does the building contain a mezzanine or second floor. The roof remodel area will open from floor to ceiling providing an enhanced visual appearance within the office environment. Seven For All Mankind has stated that it will advise all future tenants on any conditions placed on the variance. According to Section 26.4.6-4(d), the City Council may, under certain circumstances issue a variance from the off-street parking, access and loading requirements of this chapter. As long as the applicant complies with this condition, the variance will be consistent with the objectives of the Comprehensive Zoning Ordinance and General Plan. Therefore, strict application of the off-street parking requirements of -2- ~ the ordinance would cause an unreasonable hardship to the applicant at this time. The site is a preexisting site that has not been vacant for a continuous period of more than one year. Upon approval of this variance the site will maintain its legal non- conforming status and is only required to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance not otherwise addressed by a grant of a variance at this time. 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 project is categorically exempt under Section 15301 of the California Environmental Quality Act because it is an existing facility with no expansion of use. A Notice of Exemption will be prepared and filed with the County Clerk. Therefore it is recommended that the variance be granted with the following conditions imposed on the permit to adequately protect the public interests: a) The facility shall be operated in accordance with all current codes, rules, and regulations and subject to -3- permit fees as adopted by the City of Vernon. b) The facility shall be operated in a manner that ,will prevent unsanitary conditions, odors or other nuisances. c) This variance shall automatically expire at the time of any expansion or structural alteration of the building. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.6~4(b) . d) All parking and loading areas necessary for Seven For All Mankind operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet City standards. Adequate on-site parking shall be maintained so that no on street parking or staging will occur. e) The project site shall be maintained substantially in compliance with the site plan submitted, as part of this -4- variance application. f) Noncompliance with any condition shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require Seven For All Mankind to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. -5- . , ,(" , ,. Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ~:tLi GENEE~j~L .~O-11-2UOS fja~ 21.;. ,;,.;ji"l..... 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): DfffUAl.- MAt tF f,OJ Irt4 ,,~S" WIlilY A~?-k ~.3 t'r Ii 1b 2.1 oF ()tot SE 101.~ f1' of Nl'J fU'.3J for (ex of- ~tJ) Of 1Al1 11. l>N IbS" ~ ..,~ General location (give street address): LJLNo US. 1.'114 u1" VWW tA ,/"2.3 Name of Applicant(s): Sf."aJ ~ Au... MANKIN}), u.v (Print or Type name of business) Mailing address: 1.1&0 f1uI'~ MfJttJf.,. "~oAl ~ q,oq Phone# ~"3"5"Kaf-mo Record Owner(s) of property: t..'~v INc... (Name) Mailing address: Z1btl f1tijrn.At.lb ~fI{\Jf., ~N lA Phone# 313 ~ S"n-3SO' Property Owner(s) representative: S~ 1.71 !J A-/Vl PS/hlZ If.. " rlZ OTJ!! c r ;11/1 rre.. (Name) Mailing address: J...7bO F~i.J/77...NVD I't.JliNLJIC- I \J.6JVJON, 04 <fOO~8 Phone# "32.3,5/ J. (<]:1 2- Relationship to Owner(s): 0 Engineer 0 Contractor 0 Attorney 0 Purchaser 0 Lessee : Written consent of owner(s) must be attached. Present use of property: OFf;rte/ l{1oRA4f, rlA-Nllfk1ttV~Present Zoning: H-z. Proposed use of property: ~/(,f.'f JioAA~e., MA-,l.fAG1I./1JII't How long has owner(s) held title to this property? Ob r11~t.. ~ Are there any easements. controlling the use of this property? )( Yes 0 No If yes, describe ~sf.M&fl'{ NU, fiR. 1I11U11~ ANlT ~Jrh.~. --fie. kr1Aaf~ Dow.1u1J'. Expiration date: Page I of3 €i;:-' ~Hf; ~ tOS10~; ._, "~.R. ,_, .~. .... \,'"\, Iii ,,!: .. , . Are there any private or deed restrictions controlling the use of this property? 0 Yes 'J(No If yes, describe Variance applied for (described in detail the nature and purpose of this request for which the premises are to be used) attach additional sheet(s) if necessary: iHf. ;J:Xf.MtrloN 9Iut1 .sU. 1'1-#./'-4 WIIIlJ./ ..fTA~~ '1IIA-r fAt1PUAN&e Wflll ~ tAU,,,,, U6luU,,.,&;rs Be. fiE.." "Ai 7HfS. 7lrle. oF Irtd E.XPAIL(,.w oil .sfiAI (:1WtL- A(:r6AA1fOll oJ=. 7I/E. gu(UlINtf 7 Wl _ P~PoJ'AI.. ~ wr AFffu( -n4fS. ex,rT1"''l .i"'f'tNt.1f.U, ,Mok. l>cl& ,,. A~J> ,.,fc2vAU- ~"A"~ F1R. we.. "1Uf. 1>l.>Po.sK, ,! A.t.l ATUIIlmr"uv Jlt.oJEc;l'/cw NIb - lof ~ Af.S'1UE1tc.- ~"Jth.sES ON/,-(. 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: -Cf..t. A1'1'~ \SitU'" 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: As 1""$ KVI~/II'J IS 1urt fAJU.~1f.. , J.lE.4MWAlTW . or:: \S1$'IuJ ffk. AlA, I1ANIC.INb t &.~1 1Ut PkuPoJAL lAl<llll"fc.4U AN A6jlllfE.lI" ultl.PJt1t- '~fJtTrr'f 111M IS E.UfJlllAt., 16 111f. ~ ,t: 1JIe, fI~J/IIf..$r. W'" ~ 1't4A-r 7'111:. wruAL ''''16l.1U.141lP,J IJF ~ H..V1Sl6Iif ()~ 1116 tlbf.- lilt.(.. behJI/E. SfJIfN 'fit ALv HA1J}(J.J), UL Dr- 1f1o-a.., 1.I14111't ~:r.yl1> f( .,,,I/l.. Ptupa"/~j I'" 'flf!' VIUlwry. 3. That the special conditions and circumstances do not result from actions of the applicant: '"(He, ,r'faAt- ",,,l>l11tJlS AfI) t4UA1rlJ1AN~S Au. f,yJ.f1I"~ IttIb IrU M1' 1H~ U\lltJ'r ,f 1Uf, At.,110/fS 'IJI: \11:116.1 F1t. ~ H4IllClNb, l.U.- . Page 2 of3 . , 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: 1J.//.f VIIRJAJit.IE. ltJ'f.t, Jr( ""'II 1.f(,E. SE\I&l furl Au.. HAl/Jail. i LJ,.(.. {,j """( INk( As 1",[ n.POJI-L IS ~""r 4U1#&-1Ic.. A1/b 6Nl1.HrleN1M.. (Ulqlif ~ Aof~ Pull> W/tA/ Nt, ~~tJlbf.. A-P)I1ItUA-l.- VJA'ft.-JQvAU:.. fitl'Alft. 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: 1141: "~1/~~ of "full vh.iA#J"'" w,~ AWl AbVftJJ~v( Afff,e,"( '1Kt:. l.AIMMfJ,,~ ,,~[.... .~' A.s 1'~ ~4v ~a.tf~ 1l Me... .1UU.. M'fAlJr<<~ novrlf'0Il1 AtS) PbVf)f;! fVlt. ""H~ JirrQ.al: rRUAlI..J of- 1f4E n..~1D filat.c"F( 1M A ,,",AJU-t~~VJ tiAHtJo... NOTE: Non-conforming use of neighboring lands,. structures, or buildings shall not be considered grounds for the issuance of a 'variance. Are the required site and design plot plans showing the area covered in the legal description and all existing and proposed improvements attached? )(i Yes 0 No Are the required three (3) area maps attached? )ci Yes 0 No Is there a certified list attached of names and ma. iling addresses of all pro~~ owners within 300' of the exterior boundaries of the property in this application? ~Yes 0 No Is the required fee enclosed? tif Yes 0 No Make check or money order payable to the 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: Date: If) - /(- ,;;~\ Page 3 of3 1. The existing buildings at 4440 East 26th Street are oriented north towards 26th street and currently maintain a 20'-0" awning at the face of the building. These two conditions prevent an adequate amount of natural light from entering the interior of the building. The proposed architectural projection and new entry glazing will allow a significant amount of natural light to enter the interior of the building which is necessary for the adequate operations of Seven For All Mankind, LLC. Additionally, the existing property conditions do not allow for the ability to meet the requirements of the current parking provisions of the ordinance. We have worked with the building officials at the City ofVemon Department of Community Services to maximize the number of automobile parking spaces and truck loading spaces. order No.: 51023634-x49 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: SF AM/4440 E. 26th Street. LLC, a Delaware limited liability company 3. The land referred to in this report is situated in the State of California, County of Los Angeles and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLT A Preliminary Report Form (Rev 1/119') Page 2 Order No.: 51023634-x49 LEGAL DESCRIPTION PARCEL 1: A PORTION OF LOT 90 OF TIm RANCHO LAGUNA, IN TIm CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON TIm MAP THEREOF RECORDED IN BOOK 6387 PAGES 1, ET SEQ., OF DEEDS, IN THE OFFICE OF nIB COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WInCH IS NORTH 67 DEGREES 41 MINUTES WEST 896.18 FEET ALONG THE NORTHERLY LINE OF THAT CERTAIN 20 FOOT WIDE RAILROAD RIGHT;'()F- WAY DESCRIBED IN THE DEED RECORDED IN BOOK 3891 PAGE 224, OFFICIAL RECORDS OF SAID LOS ANGELES COUNlY, FROM THE WESTERLY LINE OF AYERS AVENUE, 60 FEET IN WIDTH, AS DESCRIBED IN THE DEED RECORDED IN BOOK 3927 PAGE 83 OF SAID OFFICIAL RECORDS; lHENCE NORTH 67 DEGREES 41 MINUfES WEST 283 FEET ALONG SAID RIGHT;'()F-WAY LINE; lHENCE NORTH 22 DEGREES 16 MINUTES 40 SECONDS EAST 461.76 FEET TO THE SOUTHERLY LINE OF EAST 26m STREET, 60 FEET IN WID1H. AS DESCRIBED IN THE DEED RECORDED IN BOOK 3927 PAGE 83 OF SAID OFFICIAL RECORDS; lHENCE SOUTH 67 DEGREES 41 MINUTES EAST 283 FEET ALONG SAID SOUnIERLY STREET LINE; lHENCE SOUTH 22 DEGREES 16 MINUTES 40 SECONDS WEST 461.76 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS AND OTHER PETROLEUM OR MINERAL SUBSTANCES IN SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY CHANSLOR- CANFffiLD MIDWAY OIL COMPANY, IN THE DEED RECORDED IN BOOK 20565 PAGES 1, ET SEQ., OF OFFICIAL RECORDS. PARCEL 2: A PORTION OF LOT 90 OF THE RANCHO LAGUNA, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON nIB MAP THEREOF RECORDED IN BOOK 6387 PAGES 1, ET SEQ., OF DEEDS, IN THE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WInCH IS NORTII 67 DEGREES 41 MINUTES WEST 471.67 FEET ALONG THE NORTHERLY LINE OF 1HAT CERTAIN 20 FOOT WIDE RAILROAD RIGHT;'()F- WAY DESCRIBED IN THE DEED RECORDED IN BOOK 3891 PAGE 224, OFFICIAL RECORDS OF SAID LOS ANGELES COUNTY, FROM THE WESTERLY LINE OF AYERS AVENUE, 60 FEET IN WIDTH, AS DESCRIBED IN THE DEED RECORDED IN BOOK 3927 PAGE 83 OF SAID OFFICIAL RECORDS; lHENCE FROM SAID POINT OF BEGINNING, NORTH 67 DEGREES 41 MINUTES WEST 424.51 FEET ALONG SAID RIGHT;'()F-WAY LINE; THENCE NORTII 22 DEGREES 16 MINUTES 40 SECONDS EAST 461.76 FEET TO THE SOUTHERLY LINE OF EAST 26TH STREET, 60 FEET IN WID1H, AS DESCRIBED IN THE DEED RECORDED IN .BooK 3927 PAGE 83 OF SAID OFFICIAL RECORDS; THENCE SOUTH 67 DEGREES 41 MINUfES EAST 424.51 FEET ALONG SAID SOUnIERLY STREET LINE; THENCE SOUTH 22 DEGREES 16 MINUTES 40 SECONDS WEST 461.76 FEET TO THE POINT OF BEGINNING. CLT A ProIirninary Report Form (Rev 1/1195) Page 3 Order No.: SlO23634-x49 LEGAL DESCRIPTION (continued) EXCEPT THEREFROM ALL OIL, GAS AND OTHER PETROLEUM OR MINERAL SUBSTANCES IN SAID LAND, Bur WIlHOur RIGIn' OF SURFACE ENTRY, AS RESERVED BY CHANSLOR- CANFffiLD MIDWAY OIL COMPANY, IN THE DEED RECORDED IN BOOK 20565 PAGES 1, ET SEQ.. OF OFFICIAL RECORDS. END OF LEGAL DESCRIPTION CLT A Pre1imiJwy Report Form (Rev 111195) Pago 4 Order No.: S l023634-x49 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A. Property taxes, including any assessments collected with taxes, for the fiscal year 2005 - 2006 that are a lien not yet due. B. Property taxes, for the fiscal year 2004 - 2005 are paid. For proration purposes the amounts are: I It Installment: 2nd Installment: Code Area: $66,857.48 Paid $66,857.47 Paid 0010717 Assessors Parcel Number: 5243-018-010 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: a pipe line for the transportation of gas only, with the right of ingress and ,egress in book 3834 page 229 of Official Records That portion of said land as descnDed in the document attached hereto. Recorded: Affects: 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: Recorded: Affects: railroad in book 6066 page 275 of Official Records That portion of said land as described in the document attached hereto. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose: railroad tracks, sewer mains, water mains, gas mains, fuel oil mains, electric power lines, telephone lines and/or electric and telephone conduits December 12,1946 in book 24036 page 141 of Official Records That portion of said land as described in the document attached hereto. Recorded: Affects: CLT A Preliminary Report Form (Rev 1/1195) Page 5 Order No.: Sl023634-x49 SCHEDULE B (continued) 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Affects: railroad track, sewer mains, water mains, gas mains, fuel oil mains, electric power lines, telephone lines and/or electric and telephone conduits, with full right in said grantor to grant easement therein for such purposes May 14, 1952 as Instrument No. 3197, in book 38933 page 268 of Official Records That portion of said land as descnbed in the document attached hereto. Purpose: Recorded: 5. Any facts, rights, interests, or claims which may exist or arise by reason of the following faets disclosed by survey, Job No. CO-673, dated Febmary 8, 2002 prepared by lTby & Associates: A. Any easement or lesser right for ihe electrical transformers, water valves, water vault, drain inlets, electrical panels and chemical tanks located on said land. B. The fact that overhead power lines encroach over the northwesterly property line from adjacent land. 6. Rights of Jamestone Manufacturing, in possession of said land by reason of unrecorded lease or leases. 7. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Tmstee: Beneficiary: Recorded: $13,000,000.00 Apri14, 2005 SF AM/4440 E. 26th Street, LLC, a Delaware limited liability company First American Title Insurance Company, a California corporation L'Koral InCOIporated, a California corporation April 6, 2005 as Instrument No. 05-0798862 of Official Records. Amount: Dated: Trustor: 8. Water rights. claims or title to water, whether or not disclosed by the public records. 9. Matters which may be disclosed by an inspection and/or by a correct ALTAlACSM Land Trtle Survey of said land that is satisfactory to this Company, . and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to anange for an inspection of the land; upon completion oftbis inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. CLT A Preliminary Report Form (Rev 1/1195) Page 6 " : PROPERTY 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 prepared on 01 o(:nl~ 1,DbS" Roll maintained at ~T t>lSf~(:( offlGG. - LA WWf( offlLf.. OF _ ASS~ (Name and Location of office) from the Tax . I\qo ~ Ne,. -SW-Of a t1cft~ <.A ql1l3 Signed: e responsibility of the It is understood that the accuracy and completeness applicant. On this -.z ~ day of ~k,G1 200<;: before me the ~ersigned, a Notary Public in and for said County and State personally appeared 6Vo. Y1" . ~\~ c::: known to me, or proven to me to be the person that executed the within instrument. WITNESS my hand and official seal. . ~'''''''''''-''---'---_...--===- ~~~ ~~ No ary Public in and for said County and State t~ ... -- -- FEYeN IsMc - , ...... Commission #141 0002 ~ ~ Notory Public - Colifornla ~ Z Los Angeles County My Comm. Expires ~ 8. 2007 My commission expires: C) C \ r--... 0 '!: ~J I Signed: \- ~ Q t- iO ~~ 0 o $l .,- ~~ I:i · ~~4i! ~ <( a &l ~ 15 1Jl I ~~~ ~Z006 'il8 UOU..J8^ 188..J1S Ll19Z 1803 0171717 ~ o ~ ~ .. ;i ~ ~ ~ \i; QNI)fNVll\lllV I::JO.:J N3^3S i ~ ~ l1! 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II I 7~ I /11I - ~ = I ~ i i~l ~~ ~ ~ ~~ 2!~ g~ € g g~ i~~ .0-,09 ~~ ( j ~~ i i~ ~ !i II ~~ ~~ H a I ~~ @l2w g g~ g gg .f9-,m .o-.llt , .o-.L~ .9-.691> Of/J "'0 :!:J: ~~ m ::n~ ~ :in ;J;! 0 -< m f/J Gi z rJ> t ()!:ll to!;! fll' ~.,. =,!t. 00 g i" a:II d "'F HI~ ..!f I~ n.,~ 1 t "'D ii .. .. :> ! is ::J ~ s :E ~ " m :IJ :c m -t m :IJ .... m Z (") m 000 "'0 !!:;:J: ~!E :g!j g5 o m (ft lii z " $ ... OJ '" i Ct ::3 ~ l.I> :t m to o~ em 0 Z ~l! '8 ~ ~ i' i:JJ if!l ili,. =.:< ::CF ii' t!l: ..iF ~ !JfIl Q 21 z tNI_ OIJ 0' "t r City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: . Wednesday, November 2, 2005 at 5:00 p.m. Applicant: Seven For All Mankind, LLC. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a variance from Section 26.4.6-4(b), Development Standards c of the Comprehensive Zoning Ordinance. Property Involved: 4440 26th Street (See reverse side) . . Review of the file: The application, maps, and supporting information are available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. t The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Date: October 20. 2005 * RUCE V. MALKENHORST JRI(k Acting City Clerk I AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 20th day of October, 2005, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on November 2, 2005, (see attached copy) regarding a variance application for Seven For All Mankind, LLC. located at 4440 26th Street in the City of Vernon from Section 26.4.6-4(b) of the Comprehensive Zoning Ordinance. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board outside the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: October 20 2005 ergio Canales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On f!)illZvu w, ~.'[ before me, ~a G/~ ,Notary Public, personally appeared Sergio Canales, personally known to me (or knmvR to me on the basis of satisfactory evidenoe) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. TNESS my hand and official seal .... ~ - ...... ..... NIIt....,. ..-.~,~ ~ -. -. ~ M,.\NUELA GIRON _ . Commission' 1328374 z ~. Notary Public - California ~ z - j . Los Angeles County t My Conrn. Expires Nov 4,2005 --------------.-- AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Engineering Aide. 2. That on October 20, 2005 I mailed a copy of Notice of Public Hearing to be held on November 2, 2005 along with the attached letter regarding a variance application for Seven For All Mankind, LLC.located at 4440 26th Street in the City of Vernon to allow applicant to perform tenant improvements to their existing offices, which also includes remodeling portion of its existing rooftop without bring the building into conformity with Section 26.4.6-4(b), which states that compliance with current parking requirements to be met at the time of any expansion or structural alteration of the building, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF VERNON On (f}t6 b<N w, '261J(j Sign: ~ ../ ) ) ss. ) Date: October 20. 2005 before me, ft~/!A r; I~ , Notary Public, personally appeared Sergio Canales, personally known to me (or lrnovm to me on the basis of satisfaotory e:'lidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ..... ~-----~~~~---~ MANUELA GIRON Commi~sion f. 1328374 - z ~. Notary Public - California ~ z - j los Angeles cou.nty f My Comm. Expires Nov 4,2005 ---------------.......