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RESOLUTION NO. 3546
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
GRANTING 'A ZONE VARIANCE UPON, CERTAIN
CONDITIONS TO PERMIT THE ADDITION OF
A SECOND STORY TO AN EXISTING BUILDING
CONSTRUCTED UNDER A VARIANCE AND THE
USE THEREOF FOR TELEPHONE EXCHANGE
FACILITIES, TO PERMIT A TWO-FOOT
VARIANCE FROM THE HEIGHT LIMITS
OTHERWISE APPLICABLE THERETO, AND TO
PERMIT THE USE OF ADJACENT PROPERTY
FOR OFF-STREET PARKING REQUIRED
THEREFOR.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I. That there was filed with the City Planning
Commission on the 3lst day of October, 1962, the application of the
Pacific Telephone and Telegraph Company as owner, for a zone variance
to permit the addition of a second story to a building heretofore
constructed under a variance upon Lots 7 and 8 of Block I of Tract
No. 101, per map recorded in Map Book 13, page 52, in the office of
the County Recorder of Los Angeles County, which property is commonly
known as 15 Alice Street, Arcadia, California, and to permit such
construction two (2) feet in excess of the thirty-five (35) foot
height limit otherwise applicable thereto, and as optionee of Lot 9
of said Block I, Tract No. 101, commonly known as 19 Alice Street,
Arcadia, California, to permit the use of said Lot 9 for automobile
parking required for the proposed use and construction on said Lots
7 and 8. That after due notice as required by the Zoning Ordinance
of said City, as ~nended, a public hearing was duly,held on the mat-
ter by and before i3aid City Planning Commission on November 13, 1962,
at which time all :Lnterested persons were given a full opportunity to
be heard and to present evidence. That at the conclusion of said
hearing said City Planning Commission adopted its certain Resolution
No. 463 wherein and whereby it recommended the granting of the
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3546
requested variance upon certain specified conditions.
SECTION 2. That all of subject property is presently
zoned R-3; that the existing building on said Lots 7 and 8 and its
present use thereof was authorized under a variance granted for such
purpose over fifteen years ago. That there has been no neighborhood
objection to its continued use for such authorized purpose through-
out this entire time and there were neither oral or written pro-
tests to the granting of the variance herein requested. That the
use of the property for a public utility ~s by its very nature an
exceptional circl@stance applicable to the intended use of the sub-
ject property that does not apply generally to the class of use in
the same vicinity and zone since public utiltities must be located
where required best to serve the community. That the granting of
the requested variance upon the conditions hereinafter specified
will not be matel'ially detrimental to the public health or welfare,
or injurious to property or improvements in such zone or vicinity.
That due to the growth of the area, the increased demand for tele-
phone service and anticipated further need therefor, it is abso-
lutely necessary that applicant expand and enlarge its facilities.
That the granting of the requested variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant possessed by other property in the same zone and vicinity
in that applicant: has lawfully invested exceptional sums not only
in the development of its facilities at said location but likewise
in the installation of related facilities in connection therewith.
That the relocation of said facilities to a new location is totally
unfeasible particularly in view of the cost of the relocating of the
related facilities. That the granting of the requested variance
will not adversely affect the comprehensive general plan particu-
larly in view of the commercial development of the adjacent Santa
Anita properties in this area.
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SECTION 3. That for the foregoing reasons, a variance is
hereby granted to permit the construction of a two-story addition
thirty-seven (37) feet in height on Lots 7 and 8, Block I, Tract No.
101, hereinabove described, and the use of Lot 9 of said block and
tract for automobile parking required in conjunction with the build-
ing on Lots 7 and 8, upon the following conditions:
a. Th"t such variance shall not be operative and no
building permits shall be issued until complete plot plans, building
plans and landsca.pe plans have been submitted to and approved by the
Planning Department and the Department of Public Works.
b. That grading and drainage plans for the parking areas
shall be submitted to and approved by the Department of Public Works
prior to the issuance of a building permit.
c. That all parking lot and building illumination shall
be directed away from adjoining properties and that it meet with the
approval of the Department of Public Works.
d. That a solid wall five (5) feet high be constructed
concurrently with the building addition along the east property line
of said Lot 9, Block I, Tract No. 101, from the front property line
to a point fifteen (15) feet south of the north property line of said
lot, from which point the wall shall be three (3) feet in height and
shall terminate at the north property line of said Lot 9.
e. That all existing structures on said Lot 9 be removed
within thirty (30) days from the issuance of building permits for
any construction on Lots 7 and 8.
f. That the alley at the rear of said Lot 9 shall be paved
and improved to meet the requirements of the Department of Public
Works.
g. That the Pacific Telephone and Telegraph Company shall
execute a covenant in recordable form approved by the City Attorney
agreeing that Lot 9, Block I, Tract No. 101, shall be held in common
ownership with Lots 7 and 8 of said Block I, Tract No. 101.
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3546
SECTION 4. The City Clerk shall certify to the adoption
of this resolution.
I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia held
on the ISth day of December ,1962, by the affirmative vote of
at least three Councilmen, to wit:
AYES:
Councilmen Phillips, Turner and Butterworth
NOES:
None
ABSENT: None
ABSTAINING:
counci~~:;lbO d
City Clerk of the City
of Arcadia
SIGNED AND APPROVED this ISthday of December, 1962.
to~{{?J~
ATTEST:
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(SEAL)
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3546
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DECLARATION OF COVENANT
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a California
Corporation, hereinafter referred to as Declarant, hereby declares
that it is the owner of that certain real property in the City of
Arcadia, County of Los Angeles, state of California, described as
follows:
Lots 7" 8 and 9, Block 1, Tract No. 101, as
shown on map recorded in Map Book 13, page
52, in the office of the County Recorder of
said County.
In consideration of the granting of a variance to allow
the construction of a second-story addition to the structure ex-
isting on said Lots 7 and 8 two (2) feet in excess of the' thirty-
five (35) foot height limit and to provide required automobile
,parking on said Lot 9, Declarant covenants and agrees for itself,
its heirs, successors and assigns, that said Lot 9 shall remain
under common ownership with said Lots 7 and 8 and shall be used
,and maintained to provide off-street parking required for the
structure on said Lots 7 and 8; provided, however, that the within
covenant shall be of no further force and effect if Declarant pro-
vides and maintains off-street automobile parking required for the
structure on said Lots 7 and 8 in the amount, at a location and
upon the conditions required by the Arcadia Municipal Code.
The within Declaration of Covenant shall inure to the
benefit of, be enforceable by and may be released only by the City
of Arcadia.
IN WITNESS WHEREOF, Declarant has executed the within
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Declaration of Covenant this 28!l!' day of ,l),,-7~67Vl8C~ 1962.
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
By
U/!A/7UcZ L,~~
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By
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STATE OF ~IFORN~' )
. C.unly.f -~~;t ~~) II.
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t Q H taIY Public ~' .nd I., ..Id C.un'y .g. SI~!!. ~.'..n.lly .ppe...d
ft. -~,.:~:: ~ kn.wn )Un ty and State,
tomo(.w J 'tlw- ~ f_ )
I. bo ,h. p....n_wh... n.m. ) be the '
lub.crlbed to the within In.trument, and acknowledged to me_ _
...eut.d tn. .om.. to me to be the
Ie persons
executed the within
IN WITNESS \!/HEREOF; 1:h~v.~"~"4nl. .., my hond .nd .mud my
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official ..01 tho d;. a~.d ye'c'.l~ tM. :c~r!~.f1c.a. flu. above wrltton.
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My ~~,,!~~~!.0Ii'~~~!'."k:~t- ,. ~ -r; T...,
edged to me/that such Corporation executed
the within
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loration therein
acknowl-
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the
to its by-laws or a resolution of its board of
WITNESS my hand and official seal.
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Notary Public in and for
said County and state
( SEAL)
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