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HomeMy WebLinkAbout3955 ~ RESOLUTION NO. 3955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE FOR THE REDUCTION OF PARKING REQUIREMENTS FOR A RESTAURANT INCLUDED WITHIN A SHOPPING CENTER AT THE NORTHWEST CORNER OF SANTA ANITA AVENUE AND LAS TUNAS DRIVE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the Planning Commission of the City of Arcadia on June 14, 1967 the application of the Santa Anita Shopping Center by H. L. Zuckerman, Ted Zuckerman, Lewis R. Maler and Sidney H. Dinow, as owners, for a variance to permit the reduction of required parking spaces for a restaurant to be included in a shopping center to be constructed at the northwest corner of Santa Anita Avenue and Las Tunas Drive, upon property more specifically described as follows: PARCEL 1. Those portions of Lots 66 and 69 of the Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California, Book 42, page 87 of Miscellaneous Records, in the office of the County Recorder, described as follows: Beginning at a point in the easterly line of said Lot 66, in the westerly line of Santa Anita Avenue, 100 feet wide, as shown on said map distance south 0000'15" West 235 feet thereon from the northeast corner of said Lot 66, thence North 89059'30" West parallel with the northerly line of. said lot, 150 feet to a line that is parallel with and . distance westerly 150 feet, measured at right angles from the easterly line of said Lot 66; thence South 0000'15" West along said parallel line and its southerly prolonga- tion to the northeasterly line of that portion of Las Tunas Drive being a curve concave to the north having a radius of 450 feet and a length of 180.41 feet as described in the Decree of Condemnation in the Superior Court Case No. 274177 recorded in Book 12339, page 97, Official Records of said County, thence easterly along said curve to the point of tangency thereof with a line parallel with and distant , northerly 25 feet, measured at right angles, from the south- erly line of said Lot 69; thence easterly along said parallel line 59.94 feet to the beginning of a tangent curve concave to the northwest having a radius of 15 feet; thence north- easterly along said last mentioned curve 21.21 feet to a point in said westerly line of Santa Anita Avenue distant northerly thereof 38.12 feet from the southeasterly corner of said Lot 69; thence North 0000'15" East along said Santa Anita Avenue to the point of beginning. EXCEPT therefrom that portion of Lot 69 of the Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California, Book 42, page 87 of Miscellaneous Records, in the office of the County Recorder, described as follows: -1- 3955 Beginhinif at'a point in the East line of said lot that is dis- tant along said east line north 0059'25" West 107,17 feet 'from' the northerly extremity of the curve described' in the'Decree in Case No: 274l77'Superior Court of said County as concave to the' northwest and'having'a radius of 15.00 feet and a length of 21.21 feet; thence along said East line South 0059'25" EastlOT.17 feet to said northerly terminus; thence southerly along said curve 21,21 feet to its point of tangency with a line that is parallel with and distant northerly 25 feet, at right angles, from the southerly line of said Lot 69; thence along said par- allelline South 80005'15" West 59.94 feet to a point in the northeasterly line of Las Tunas Drive at the easterly extremity of the curve described in said Decree as concave to the north and having a radius of 450.00 feet; thence westerly along said curve 77.53 feet; thence parallel with the east line of said lot North 0059'25" West 120.00 feet; thence North 82049'44" East 150.00 feet to the point of beginning. PARCEL 2. Those portions of Lot 66 and 69 of the Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California, Book 42, page 87 of Miscellaneous Records, in the office of the County Recorder, described as follows: Beginnin~ at a point in the northerly line of said Lot 66, distant North 89 59'30" West thereon 550.00 feet from the northeast corner of said Lot 66, distance of 177.50 feet to the true point of beginning of this description; thence North 89059'30" West parallel with the northerly line of said Lot 66, distance of 315 feet, moreorless, to a line parallel with and distant easterly 210 feet, measured at right angles, from the westerly line of said Lot 66; thence South 0000'08" West along said parallel line to that portion of the northeasterly line of Las Tunas Drive recited as having a bearing and distance of North 760 56'35" West 139.16 feet in the Decree of Condemnation in Superior Court Case No. 274177 recorded in Book 12339 page 97, Official Records of said CountYl thence South 76056'35" East along said Las Tunas Drive to the northerly line of said Lot 69; thence South 76056'35" East along said Las Tunas Drive 572.51 feet to the beginning of a tangent curve concave to the north having a radius of 450 feet; thence easterly along said curve to a line that is parallel with and distant westerly 150 feet; measured at right angles from the easterly line of said Lot 69; thence North 0000'15" East along said parallel line and its northerly prolongation to a line that is parallel with the northerly line of said Lot 66 and passes through a point in the easterly line of said Lot 66 distant South 0000'15" West 235 feet thereon from the northeasterly corner of said Lot 66; thence North 89059'30" West along said parallel line, 275 feet; thence North 65017'35" West 137.59 feet to the true point of beginning of this description. EXCEPT the westerly 202.00 feet, measured at right angles, of said land. That after due notice as required by the Zoning Ordinance of said City a publiC hearing was duly held on the matter by and before the City Planning Commission on June 27, 1967 at which time all interested persons were given a full opportunity to be heard and to present evidence. That said Planning Commission thereafter on July 11, 1967 adopted its certain Resolution No. 616 wherein and whereby it recommenrea the granting of the requested variance, -2- 3955 SECTION 2. That there are exception~~or extraordinary circumstances or conditions applicable to the proper~yinvolved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity; 1) inasmuch as ... . the restaurant will be an integ~al part of a shopping center complex, it will have the overall use of pa~king facilities far in excess of the requirements implicated in the ordinance; 2) it should be noted that the peak hours for restaurant traffic does not necessarily relate to balance of the merchants in the center. The parking located directly adjacent to the restaurant area, which will service the restaurant, does comply with ordinance requirements. That the granting of such variance will not be materially detrimental to the publiC health or welfare or injurious to the property or improvements in such zone or vicinity because the varying difference in peak hours between the restaurant and the balance of the merchants will allow for adequate parking for all tenants concerned. That dead areas such as storage, Janitor, equipment, offices, washrooms, lockers, corridors, dishwashing and food preparation rooms, that do not contribute to traffic or seating capacity, could be excluded in computing the parking, based on ten cars per one thousand square feet of building area; that a restaurant operator could minimize the aforementioned areas and increase the seating capacity and thereby increase traffic. That it is unfair to penalize an operator who is anxious to create generous space for these areas in order to augment his .ultimate operation. That such 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. That the parking standards appear appropriate for free stand- ing restaurants but do not take into account the joint use of parking as provided in a center. That restaurant uses similarly located should enjoy the same rights and privileges. That the granting of such variance will not adversely affect the comprehensive general plan inasmuch as no change of the use in the present zone is being requested, but a modification of a parking requirement under the prescribed zone. That it will further -3- 3955 enhance the Center as well as being able to fulfill the need of the ~o~unity by con~ributing a very desirable restaurant and offering a more complete type of convenience center. It would create a true hard- ship on the development, if this request were not granted inasmuch as it would virtually eliminate the possibility of having a restaurant, SECTION 3. That for the foregoing reasons a variance from the provisions of the Arcadia Municipal Code is hereby granted with re- spect to the above described property to permit construction and op- eration of a shopping center at the northwest corner of Santa Anita Avenue and Las Tunas Drive on the property hereinabove specifically described, including a restaurant, with a total of 293 off-street parking spaces, upon the following conditions: 1. That the floor area of the approved plan of the rest- aurant shall not exceed 6,000 square feet. 2. That the variance hereby granted shall not become opera- tive until the conditions of Lot Split No. L-66-8 shall have been completed and the conditional use application required by the proposed use of this property shall have been approved. 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 15th day of August, 1967, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Forman and Hage NOES: None counCil~~~~~ City Clerk of the City of Arcadia ABSENT: .~ 15th day of Augyst 1967 ~~/~ ayo of e C y Arcadia pro tempore SIGNED AND APPROVED this ATTEST: ~ #d~/J~J; ~~~, C ~ City Clerk - (SEAL) ~ c- " J "'/~ ,. , , , -4- 3955