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Resolution No. 93851 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 RESOLUTION NO. 9385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A VARIANCE TO LUCKY BRAND DUNGAREES, INC. FROM SECTION 26.4.2-8(b) OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PROPERTY LOCATED AT 5233 ALCOA AVENUE IN THE CITY OF VERNON WHEREAS, Lucky Brand Dungarees, Inc., (hereinafter referred to as "Lucky Brand") is a apparel manufacturer and distributor and operates an accessory warehouse located at 5233 Alcoa Avenue in the City of Vernon; and WHEREAS, Lucky Brand is requesting a variance from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance; and WHEREAS, 5233 Alcoa Avenue is located in the M-Zone, General Industrial and the operation is consistent with the objectives of the General Plan and Comprehensive Zoning Ordinance; and WHEREAS, Lucky Brand proposes to construct a new mezzanine area which will require additional automobile parking spaces to be 11provided; and WHEREAS, Section 26.4.2-8(b) allows the parking facilities to be on the same lot as the occupant or on a separate lot or parcel located within one thousand (1,000) feet from the main building; and WHEREAS, when parking is in a separate lot, a covenant is to be recorded restricting the use of the property to parking for the benefit of the use requiring the parking; and WHEREAS, Lucky Brand has leased the property site located at 5400 Alcoa Avenue from Kudenoff Kroener Family Partnership, for the required automobile parking spaces; and 11 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, Kudenoff Kroener Family Partnership does not desire to execute a covenant restricting the use of its property; and WHEREAS, given the physical conditions of the property, strict compliance with Section 26.4.2-8(b) would force Lucky Brand to remodel 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 relieving Lucky Brand from the covenant recordation requirement will not adversely affect the interest of the public or the interest of other residents and property owners within the vicinity of the premises because this requirement is a mechanism of ensuring the parking restrictions and does not affect the actual parking requirements; and WHEREAS, the property at 5400 Alcoa Avenue contains 121 automobile parking stalls of which 55 are required for the existing building on the site; and WHEREAS, Lucky Brand proposes to pave and stripe the leased lot and assign twenty-four automobile parking spaces to the property located at 5233 Alcoa Avenue; and WHEREAS, Lucky Brand has agreed to cease operations and/or reduce the size of the operation as determined by the City of Vernon so that sufficient parking is provided or provide alternative parking within 1,000 feet of the subject site if its lease with Kudenoff Kroener Family Partnership should expire or terminate for any reason; and - 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, with the approval of this variance, Lucky Brand will bring its nonconforming automobile parking spaces into compliance and its facility will then meet the number of automobile parking spaces required by Section 26.4.2-6 of the Comprehensive Zoning Ordinance and is consistent with the objectives of the General Plan and the Zoning Ordinance; 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 Lucky Brand to use the parking option in Section 26.4.2-8(b) as other property owners would be able to do; and WHEREAS, the existing use does not and will not adversely affect the surrounding area because the site has historically been used for an accessory warehouse; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301; and WHEREAS, the City Council has received a Staff Report dated (August 7, 2007, 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 August 27, 2007; 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 hereinabove are true land correct. - 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 SECTION 2: Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, requiring covenant recordation and full compliance with the Comprehensive Zoning Ordinance at the time of any expansion of use. 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. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c) The project shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. d) Lucky Brand shall maintain a lease with Kudenoff Kroener Family Partnership for the 5400 Alcoa Avenue property to provide the parking in conformance with the City Code. If the lease expires or is terminated for any reason, Lucky Brand shall either cease operation, reduce the size of the operation as determined by the City of Vernon so that sufficient parking is provided or provide substitute parking at a location within one thousand feet walking distance and which site and parking configuration shall be approved by the Director of Community Services & Water. e) The parking lots at 5233 Alcoa Avenue and 5400 Alcoa Avenue shall be striped and paved with a hard durable surface material in an acceptable manner to the Director of Community Services & Water and shall be adequately drained, and kept free of dust, mud, trash and weeds and shall provide and maintain an adequate number of parking stalls at 5400 Alcoa - 4 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 Avenue so that the buildings at 5233 Alcoa Avenue and 5400 Alcoa Avenue are in full conformance with City of Vernon's automobile parking standards and that no on -street parking or staging will occur. SECTION 4: Noncompliance with these conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the strict application of Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance. SECTION 5: The 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 27th day of August, 2007. ATTEST: i UELA GIRON, kcity Clerk MkYor - 5 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9385, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, August 27, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. LA GIRON, Ciyy Clerk i I (SEAL) - 6 - SUPPORTING DOCUMENTS COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 August 8, 2007 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 APPROVED AUG 27 '07 CITY COUNCIL Gentlemen: (! 5� 9 :9 $ 5- Lucky Brand Dungarees, Inc has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(b) for the property located at 5233 Alcoa Avenue in the City of Vernon. The variance is to allow parking to be provided on a separate lot within one thousand feet from the main building. 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: l . Staff Report. 2. Request for variance application permit and information supporting the application. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 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. E ccfusivefy Industriaf Honorable City Council -2- August 8, 2007 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) The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. d) Lucky Brand shall maintain a lease with Kudenoff Kroener Family Partnership for the 5400 Alcoa Avenue property to provide the parking in conformance with the City Code. If the lease expires or is terminated for any reason, Lucky Brand shall either cease operation, reduce the size of the operation as determined by the City of Vernon so that sufficient parking is provided or provide substitute parking at a location within one thousand feet walking distance and which site and parking configuration shall be approved by the Director of Community Services & Water. e) The parking lots at 5233 Alcoa Avenue and 5400 Alcoa Avenue shall be striped and paved with a hard durable surface material in an acceptable manner to the Director of Community Services & Water and shall be adequately drained, and kept free of dust, mud, trash and weeds and shall provide and maintain an adequate number of parking stalls at 5400 Alcoa Avenue so that the buildings at 5233 Alcoa Avenue and 5400 Alcoa Avenue are in full conformance with City of Vernon's automobile parking standards and that no on -street parking or staging will occur. Respectfu* syofnitted, 's'.e/in Wilson, P.E. of Community Services & Water SKW/sc Attachments cc: City Attorney STAFF REPORT LUCKY BRAND DUNGAREES, INC. 5233 ALCOA AVENUE VARIANCE APPLICATION August 7, 2007 Lucky Brand Dungarees, Inc. ("Lucky Brand") an apparel manufacturer and distributor, has requested a variance from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, Development Standards. Lucky Brand is in the process of constructing approximately 14,000 square feet of mezzanine within their existing building located at 5233 Alcoa Avenue. Due to the amount mezzanine being constructed, additional parking spaces are required. Without demolishing existing improvements insufficient space exist on the lot to meet the parking requirements. Lucky Brand has obtained a lease from an adjacent property owner. The subject property is located at 5400 Alcoa Avenue, in the City of Vernon. The property contains one building totaling 50,000 square feet in size. The total size of the parcel is approximately 2.35 acres. Lucky Brand proposes to occupy 3,800 square feet of the existing building (for office use only). The site contains 121 automobile parking stalls of which sixty-six (66) are in excess of the number required for the building on the site. By acquiring the subject site it will allow Lucky Brand to provide the requisite number of parking spaces for 5233 Alcoa Avenue and therefore is seeking a variance from section 26.4.2-8(b) of the municipal code. -1- REASON FOR VARIANCE Lucky Brand uses its property for an accessory warehouse. Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, allows parking to be provided on a separate lot within one thousand (1,000) feet from the main building. The code requires a covenant to be recorded restricting the property to parking for the benefit of the subject lot. The requested variance would allow Lucky Brand to locate required automobile parking spaces on a separate lot without tying the properties with a covenant as set forth by Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance. Lucky Brand is proposing to increase their warehousing area within the existing facility. As a result of this expansion additional parking spaces were required to be provided. Due to the space constraints on their existing lot, the possibility of providing additional parking is remote without the demolition of onsite improvements. Therefore, Lucky Brand is requesting approval of their variance to allow them to provide replacement parking on leased land within 1,000 feet of the site. The land will be leased from Kudenoff Kroener Family Partnership, which owns the property at 5400 Alcoa Avenue. VARIANCE METHODOLOGY Lucky Brand is requesting a variance from the covenant recordation requirement of Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance. Section 26.4.2-8(b) states that all required parking facilities shall be located on the same parcel or lot as the use or occupancy for which the parking is being provided or such required parking -2- facilities may be provided on a separate parcel or lot. If provided on a separate lot or parcel, a covenant shall be recorded restricting the use of the property to parking use for the benefit of the use requiring the parking. Such separate parcel shall be within one thousand (1,000) feet from the main building or use, measured as walking distance from such building to the main entrance of the parking facility, and evidence shall be filed with the City of Vernon assuring the use of such parcel is limited to parking purposes in connection with that particular use or occupancy requiring the parking so long as such use exists. Lucky Brand is proposing to use a separate parcel that it is leasing from Kudenoff Kroener Family Partnership for the location of required automobile parking. Kudenoff Kroener Family Partnership will not execute a covenant restricting the use of its property to parking. Lucky Brand has indicated that if it loses its lease with Kudenoff Kroener Family Partnership, then Lucky Brand is prepared to acquire additional land for parking or remove a portion of the structure to meet the parking requirements. PARKING ANALYSIS The 5233 Alcoa Avenue site has not been vacant for a continuous period of more than one year. Lucky Brand has applied for a permit to construct approximately 14,000 square feet of mezzanine within their existing building. Therefore, it is required to come into complete compliance with the automobile parking, truck parking, truck loading, and maneuvering requirements of the current City of Vernon Comprehensive Zoning Ordinance. -3- Based on the new expansion (mezzanine) the amount of parking spaces required by the Comprehensive Zoning Ordinance Development Standards is 186 and the amount of truck spaces required is 18 spaces. Lucky Brand will be providing 18 truck stalls and 162 parking spaces on its current site and proposes to provide 24 parking spaces at 5400 Alcoa Avenue. As previously mentioned, Lucky Brand has obtained a lease from an adjacent property owner, which will allow them to provide the requisite number of parking spaces. The property at 5400 Alcoa Avenue contains a one hundred twenty-one (121) stall surface parking lot. The existing building at 5400 Alcoa Avenue requires eight (8) parking stalls for office, and forty-seven (47) for industrial and/or warehouse use. Therefore, the site contains 66 parking spaces in excess of the number required to support the existing building on the site. City staff has determined that the leasing of the excess parking is consistent with the goals of the City and will not create an impact to neighboring properties. The City's parking requirements are based, in part, on the type of use to which the building is being put. Industrial and manufacturing uses, warehouses, wholesale uses, public facilities and similar uses require one space per 1,000 square feet of gross floor area for automobiles. VCC Sec. 26.4.2-6. Retail and commercial uses, general offices, and similar uses require one space per 500 square feet of gross floor area for automobiles. Id. Floor area is defined as "the total of all floors contained within the exterior walls of all buildings measured by the exterior dimensions of the building, on a lot or parcel of land." VCC 26.2.6. ME In addition, according to Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, it allows parking spaces to be provided on a separate lot within one thousand (1,000) feet from the main building. The code requires a covenant to be recorded restricting the property to parking for the benefit of the subject lot. Lucky Brand has entered into an agreement to lease parking on the separate lot. The owner of the property that will provide the parking spaces, Kudenoff Kroener Family Partnership, will not allow a covenant to be recorded against the property and therefore a variance from the covenant requirement is being sought. CEQA REVIEW The proposed site is surrounded by industrial uses compatible with the proposed operation. 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. A Notice of Exemption will be prepared and filed with the County Clerk. STAFF FINDING AND CONDITIONS Staff proposes the following findings as required by Section 26.5.1-6, of the City of Vernon Comprehensive Zoning Ordinance: a) As previously mentioned Lucky Brand is constructing approximately 14,000 square feet of mezzanine area within the existing building located at 5233 Alcoa Avenue. They are leasing the building and property located at 5400 Alcoa Avenue. As part of the new mezzanine area, Lucky Brand must meet the current parking -5- requirements, which also includes truck maneuvering. However, due to space constraints within the existing lot, the parking and maneuvering cannot fully be provided on the 5233 Alcoa Avenue property without demolition of existing improvements. Lucky Brand has been unable to acquire additional land for parking but has been able to lease the property at 5400 Alcoa Avenue for parking. Strict compliance with the City's automobile parking requirements would force Lucky Brand to remodel portions of its existing facility in order to provide additional required parking spaces. Alternatively, Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance permits the use of a separate parcel for required automobile parking if the parcel or lot is within 1,000 feet of the main building or use, so long as a covenant restricting parking be recorded providing evidence of the parking restriction so long as the use exists. Lucky Brand proposes to use a separate parcel for required automobile parking. The separate parcel Lucky Brand will use is within 1,000 feet of the main building. The separate lot is owned by Kudenoff Kroener Family Partnership and they will not allow the recordation of a covenant restricting the land for parking use. Lucky Brand will enter into lease agreement for the property and agrees to use the land for automobile parking. Lucky Brand also agrees to obtain parking and comply with the automobile parking requirements in the event it should lose its lease. Granting Lucky Brand a variance from the covenant recordation requirement of Section 26.4.2-8(b) is appropriate given the unique circumstances and the hardship of following strict compliance with the automobile parking requirements. in b) A variance relieving Lucky Brand from the covenant recordation requirement will not adversely affect the interest of the public or the interest of other residents and property owners within the vicinity of the premises because this variance is a mechanism of ensuring the automobile parking requirements are met. Lucky Brand has agreed to obtain parking on a separate lot and shall obtain other automobile parking if it should lose its lease. c) With the approval of this variance Section 26.4.2-8(b), Lucky Brand will bring its nonconforming automobile parking spaces into compliance and its facility will then meet the number of automobile parking spaces required by the City of Vernon Comprehensive Zoning Ordinance. The operation is in conformance with the Comprehensive Zoning Ordinance and the General Plan. Therefore it is recommended that the variance be granted with the following conditions imposed on the permit to adequately protect the public interests: a) The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c) The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. d) Lucky Brand shall maintain a lease with Kudenoff Kroener Family Partnership for the 5400 Alcoa Avenue property to provide the parking in conformance -7- with the City Code. If the lease expires or is terminated for any reason, Lucky Brand shall either cease operation, reduce the size of the operation as determined by the City of Vernon so that sufficient parking is provided or provide substitute parking at a location within one thousand feet walking distance and which site and parking configuration shall be approved by the Director of Community Services & Water. e) The parking lots at 5233 Alcoa Avenue and 5400 Alcoa Avenue shall be striped and paved with a hard durable surface material in an acceptable manner to the Director of Community Services & Water and shall be adequately drained, and kept free of dust, mud, trash and weeds and shall provide and maintain an adequate number of parking stalls at 5400 Alcoa Avenue so that the buildings at 5233 Alcoa Avenue and 5400 Alcoa Avenue are in full conformance with City of Vernon's automobile parking standards and that no on -street parking or staging will occur. IN Vernon, Department of Community Services 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 VARIANCE APPLICATION MG #101 REG GENERAL 04-12-2 07 10: r THAL Application is hereby made to the City of Vernon, petitioning for a variance for the following described property: Legal description (give exact legal description): PM 286-46-48 LOT2 General location (give'street address): 5233 Alcoa Avenue Name of Applicant(s): Lucky Brand Dungarees Inc (Print or Type name of business) Mailing address: 5233 Alcoa Avenue Vernon CA 90058 Phone# (323) 282-4100 Record Owner(s) of property: XA Partners LLC (Name) Mailing address: 3010 Old Ranch Parkway #470 Seal Beach CA 90740 Phone#_ (562) 546-0250 Fax# Property Owner(s) representative: XA Partners LLC (Name) Mailing address: 3010 Old Ranch Parkwa #470 Seal Beach CA 90740 Phone# (562) 546-0250 Fax# Relationship to Owner(s): ❑ Engineer ❑ Contractor ❑ Attorney ❑ Purchaser Q Lessee Written consent of owner(s) must be attached. Present use of property:_ Office & Warehousing Present Zoning: M-Zone Proposed use of property: Office & Warehousing How long has owner(s) held title to this property? Are there any easements controlling the use of this property? ❑ Yes Q No If yes, describe Expiration date: $500. 00 Page 1 of 3 Are there any private or deed restrictions controlling the use of this property? ❑ Yes Q 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:Lucky Brand is in the process of constructing approximately 14 000 square feet of mezzanine within our existing_ building. Due to the amount mezzanine being constructed additional parking spaces are required Without demolishing existing improvements insufficient space exist on the lot to meet the parking requirements. Lucky Brand has obtained a lease from an adjacent property owner, which will allow us to provide the requisite number of parking Maces and therefore is seeking a variance from section 26.4.2-8(b) of the municipal code NOTICE TO APPLICANT: In the variance procedure it shall be shown that the following five (5) conditions exist in reference to the property being considered. The applicant should answer the following statements. If you have difficulty finding reasonable answers to the statements contained in this application it may be an indication that your request has insufficient factors to justify approval. (Attach additional sheet(s) if necessary). 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: Current narking at 5233 Alcoa Avenue is adequate to accommodate the existing workforce but do to an increase insquare footage we are required to add additional parking spaces to comply with the current parking requirements. 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:_ Lack of additional square footage would prevent the company/lessee from holding the required inventory to support the business. 3. That the special conditions and circumstances do not result from actions of the applicant:_ The request for the variance is a result City of Vernon parking requirements Page 2 of 3 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located:_ The granting of this variance will not confer any special privileges to the applicant 5. That the granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan: Granting of such variance will not adversely affect the General Plan. 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? Q Yes ❑ No Are the required three (3) area maps attached? Q Yes ❑ No Is there a certified list attached of names and mailing addresses of all property owners within 300' of the exterior boundaries of the property in this application? ❑ Yes ❑ No Is the required fee enclosed? CQ Yes ❑ 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: It jroperty owners) or owner(s) representative L.L.L. &4 q �Z a tj Page 3 of 3 RECEIVED APR 16 2007 Via Federal Express XA Partners, LLC C/O Xebec Realty Partners 3010 Old Ranch Parkway #470 Seal Beach, CA 90740 AT'1 N: John F. Lehr, Jr. Lucky Brand Dungarees, Inc. 1 Claiborne Avenue North Bergen, New Jersey 07047 _ March 23, 2007 RE: Lease (the "Lease") for the Premises located at 5233 Alcoa Avenue, Vernon California 90058dated December 27`h, 2000 and between XA Partners, LLC ("Landlord") and Lucky Brand Dungarees, Inc. a Delaware corporation Dear John, I hope this letter finds you well. Please see the attached use variance request that we are respectfully requesting the Landlord's approval on in order to complete the submission of the application to the City of Vernon. Lucky Brand is requesting this variance in order to install a mezzanine of approximately 14,000 square feet at the above location. The mezzanine will be structurally self supported and will not in any way compromise the structural integrity of the property. In addition, we will shortly be submitting a full set of plans and calculations for your Landlord approval pursuant to the terms and condition of the lease. A preliminary plan view of the proposed mezzanine is attached for your convenience. As indicated in the attached Variance Application to the City of Vernon, we will utilize the parking spaces at our 5400 Alcoa Avenue location in order to satisfy the City of Vernon's parking standard. Please advise regarding your approval of the attached variance request so we may submit it to the City of Vernon. If you have any questions I can be reached at 201-295-7342. Thank you for your help and cooperation. CC: Brian O'Donnell-LCI Lori Keurian-LCI Matt Simon- Simon Glover Inc. Very truly yours, Lucky Br d Dungarees, Inc., a Delaware corporation "VP f Real Estate and Administration Claiborne, Inc. Claiborne Avenue North Bergen NJ 07047 201-295-7342 (P) 201-295-7853 (F) Josepb,._Monahan@Liz.com X13 25646232 Lucky Brand Dungarees, Inc. 1 Claiborne Avenue North Bergen, New Jersey 07047 Via Federal Express XA Partners, LLC C/O Xebec Realty Partners 3010 Old Ranch Parkway #470 Seal Beach, CA 90740 ATTN: John F. Lehr, Jr. Q uz Claiborne March 23, 2007 RE: Lease (the "Lease") for the Premises located at 5233 Alcoa Avenue, Vernon California 90058dated December 27`h, 2000 and between XA Partners, LLC ("Landlord") and Lucky Brand Dungarees, Inc. a Delaware corporation Dear John, I hope this letter finds you well. Please see the attached use variance request that we are respectfully requesting the Landlord's approval on in order to complete the submission of the application to the City of Vernon. Lucky Brand is requesting this variance in order to install a mezzanine of approximately 14,000 square feet at the above location. The mezzanine will be structurally self supported and will not in any way compromise the structural integrity of the property. In addition, we will shortly be submitting a full set of plans and calculations for your Landlord approval pursuant to the terms and condition of the lease. A preliminary plan view of the proposed mezzanine is attached for your convenience. As indicated in the attached Variance Application to the City of Vernon, we will utilize the parking spaces at our 5400 Alcoa Avenue location in order to satisfy the City of Vernon's parking standard. Please advise regarding your approval of the attached variance request so we may submit it to the City of Vernon. If you have any questions I can be reached at 201-295-7342. Thank you for your help and cooperation. CC: Brian O'Donnell-LCI Lori Keurian-LCI Matt Simon- Simon Glover Inc. Very truly yours, Lucky BrqAd Dungarees, Inc., a Delaware corporation VP f Real Estate and Administration Ltz Claiborne, Inc. Claiborne Avenue North Bergen NJ 07047 201-295-7342 (P) 201-295-7853 (F) Joseph_Monahan@Liz.com KI3 25646231 IREMENTS CONDITIONS OOR 17.778 SFb00 55.5 17,a" SF500 • 8A /AREHOUSE 95,574 SF/1000: 0.6 TOTAL SPACES REWIRED • 170.5 14.400 SF/1000 • 15 TOTAL SPACES REWIRED • 1S5 152 SPACES 24SPACES �SEO ARCHi O, O ° 2D"8 O M TE ay T`j�0 Y Z W Zz Z= W j W LL 0 z p i Z zz Z w �? m a m> } o < Yu o U� U� ISSUE: , DATE: SITE PLAN SCALE: 1' • 2(1' s P Easy Peel Labels Use Avery® TEMPLATE 51604D 6310008006 XA PARTNERS LLC 2500 Michelson Dr #200 Irvine CA 92612 See Instruction SheetFA aAVERY@6241T"' 1 Feed Paper - for Easy Peel Feature j 6310 002 016 6310 002 017 SOBUL STEPHEN S JOAN STONE Stephen S & Lynn L Sobul 1 TRUST 2 3314 Fruitland Ave 3 12100 Wilshire Blvd #1150 Los Angeles CA 90025 Los Angeles CA 90058 6310 002 018 6310 002 019 6310 002 022 SOBUL STEPHEN S JOAN STONE SOBUL STEPHEN S JOAN STONE CARDENAS JOHN CO TR CARDENAS TRUST 4 TRUST 5 339 W Norman Ave 6 12100 Wilshire Blvd #1150 12100 Wilshire Blvd #1150 Arcadia CA 91007 Los Angeles CA 90025 Los Angeles CA 90025 6310 002 023 6310 002 024 6310 002 025 KUDENOFF/KROENER FAMILY KUDENOFF KROENER FAMILY FRIEND BEN CO FRIEND FAMILY PARTNE 7 PTNSHP 8 TRUST 9 5304 Alcoa Ave Po Box 2010 10717 Wilshire Blvd #801 Vernon CA 90058 Paso Robles CA 93447 Los Angeles CA 90024 6310 002 036 6310 002 035 6310 008 005 SOBUL STEPHEN S JOAN STONE VERNON INVESTORS LLC 10 TRUST 11 RRR REAL ESTATE CO LLC 12 Po Box 58368 12100 Wilshire Blvd #I 150 5151 Alcoa Ave Los Angeles CA 90058 Vernon CA 90058 Los Angeles CA 90025 6310008007 Anwar & Yasmin A Gajiani 5383 Alcoa Ave Vernon CA 90058 6310008012 13 CENTURY CAST PLATE INC 3200 Fruitland Ave Vernon CA 90058 6310 008 013 14 CENTURY CAST PLATE INC 3200 Fruitland Ave Vernon CA 90058 15 Ittiquettes faciles a peler A Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 51600D Sens de chargement d'instruction 1-800-GO-AVERY Ul A W N)"0 W W W W W W W W W W W W W W W D OOD OOD OOD 000 N N N N N N N N N N OOD r O O O O O O O O O O O O O O O �� 0 0 W W N N N N��� -► O W N-4CA000.4-W N)0W-100 00>Xcn<mx;rlocnc own x<O mm=XOmxccDOOmOD* zz* xooxmooxw ov cD-u C CN x r- O z z m r r M F x, ���jz W OOD--j��--'iz- oocn mmzmmmwm0•mommcxn Cocn3 ��=mC���O=2� =cci)� -•�—IDDZ-000=ZZMMMZ� Zr- O"Wffimmoc-c- C- mm O -x z zzz zo >>z 00 nwD-1 4 FF>11--1 -i zo ��0zz z m -<�>zmm m � X��cn DxX X U) C/) -0 M cni i co o w n�` c z '. m W W Cn CJ7 -+ -• Ul W s � W -.� N � N O O O C) N N W N O D OODD (n 0C)W"0 -� (D � 00�00r O V CO O z c 9 co m X c c CD-i ? =0=0n 0 0 � y v>n>�ouDi°wDCAm0000�oom(oaon)3�vs XD- yx0rI O'm 0DDm CD CO OD � � W<� <<< < m CD N C. 0) CL O < CL C1 Cp C . 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Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Monday, August 27, 2007 at 10:00 a.m. Applicant: Lucky Brand Dungarees, Inc. 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 26.4.2-8(b), which allows parking to be provided on a separate lot within one thousand feet from the main building. Property Involved: 5233 Alcoa Avenue (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 of 7:15 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Date: August 7, 2007 _ MANUELA IRPN City Clerk I City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, California 90058 (323)583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Monday, August 27, 2007 at 10:00 a.m. Applicant: Lucky Brand Dungarees, Inc. 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 26.4.2-8(b), which allows parking to be provided on a separate lot within one thousand feet from the main building. Property Involved: 5233 Alcoa Avenue (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 of 7:15 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Date: August 7, 2007 MANUELA IR N City Clerk COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 August 7, 2007 Interested parties or property owners: Enclosed herewith for your information is a Notice of Public Hearing to consider an application for a variance for the property located at 5233 Alcoa Avenue in the City of Vernon. The applicant, Lucky Brand Dungarees, Inc is requesting a variance from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance to allow parking to be provided on a separate lot within one thousand feet from the main building. A copy of the application and supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the meeting on August 27, 2007 or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property owner. SKW/sc )Enclosure Sincerely, Sam" u6l Kevin Wilson, P.E. Director of Community Services & Water E-�cfusive(y Inddustfiaf AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Planning Assistant of the City of Vernon, do hereby certify that I did, on the 7t' day of August, 2007, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on August 27, 2007, regarding a variance application for Lucky Brand Dungarees, Inc located at 5233 Alcoa Avenue in the City of Vernon from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance to allow parking to be provided on a separate lot within one thousand feet from the main building. 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. 17 Date: August 7, 2007 SergiWanales, Planning Assistant State of California ) ) ss. County of Los Angeles ) On -jf before me, ue l G, 6 / e"yi , Notary Public, personal y appeared Sergio Canales, personally known to me (of >>.,ow to me on the basis of satisf etofy evidence) 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. W NESS my hand and official seal MANUELA GIRON Commission # 1611388 x) A'6� Notary Publk - COHforft Los Angeles County My Comm. Expires Nov 4, 2004' AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Planning Assistant. 2. That on August 7, 2007 I mailed a copy of Notice of Public Hearing to be held on August 27, 2007 along with the attached letter regarding a variance application for Lucky Brand Dungarees, Inc located at 5233 Alcoa Avenue in the City of Vernon to allow parking to be provided on a separate lot within one thousand feet from the main building, to the owners, tenants and interested parties on the attached lists, by United States Mail with postage. f Date: August 7, 2007 Sign: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On bw GC f P�j rl before me, 14*4ue �4 611-M ,Notary Public, personally appeared Sergio Canales, personally known to me fork ,,,,,•,,, to me o the basis of safis aetefy evide„ee) 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. SS my hand and official seal i odh MIWIJELA GIRON Commission #f 1611388 [%-,MY Notary Public _California Los Angeles County Comm. Expires Nov 4, 2009 CF v�R L� Ott, IOI�p �O �e GJ"'ELY 1"9 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Manuela Giron, City Clerk FROM: Samuel Kevin Wilson,tirector of Community Services & Water DATE: August 7, 2007 SUBJECT: Variance — Lucky Brand Dungarees, Inc. located at 5233 Alcoa Avenue Lucky Brand Dungarees, Inc. ("Lucky Brand") has submitted a complete application for a variance from Section 26.4.2-8(b) which allows parking to be provided on a separate lot within one thousand feet from the main building. Lucky Brand is in the process of constructing approximately 14,000 square feet of mezzanine within their existing building located at 5233 Alcoa Avenue. Due to the amount mezzanine being constructed, additional parking spaces are required. Without demolishing existing improvements insufficient space exist on the lot to meet the parking requirements. Lucky Brand has obtained a lease from an adjacent property owner, which will allow them to provide the requisite number of parking spaces and is seeking a variance from Section 26.4.2-8(b) of the City of Vernon Comprehensive Zoning Ordinance. It is recommended that you receive this application and that a public hearing be set for August 27, 2007. SKW/sc CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 4, 2007 TO: S. Kevin Wilson, Director of Community Services & Water FROM:: Nelly Giron, City Clerk RE: Resolution No. 9385 - A Resolution of the City Council of the City of Vernon Granting a Variance to Lucky Brand Dungarees, Inc. From Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, for the Property Located at 5233 Alcoa Avenue in the City of Vernon Transmitted herewith is a copy of Resolution No. 9385, referenced above, which was approved by City Council on August 27, 2007. Thank you. NG:dr c: Resolution No. 9385