Resolution No. 93851
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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
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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
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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.
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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
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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
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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)
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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.
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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
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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.
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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
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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
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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
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5304 Alcoa Ave Po Box 2010 10717 Wilshire Blvd #801
Vernon CA 90058 Paso Robles CA 93447 Los Angeles CA 90024
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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
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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: 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