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RESOLUTION NO. 957
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA GRANTING A CONDITIONAL
USE PERMIT TO CONSTRUCT A TAKE-OUT BUSINESS
ON THE SAME SITE AS AN EATING ESTABLISHMENT
AT 855 SOUTH BALDWIN AVENUE, AND TO PERMIT
AN EXISTING SINGLE-FAMILY DWELLING AND TO
PROVIDE PARKING ON THE LOT AT 711 FAIRVIEW
AVENUE.
WHEREAS, on September 13, 1976, Carlson Design and Con-
struction Company filed an application to construct a Kentucky
Fried Chicken take-out on the same site as the Sizzler Restaurant,
855 South Baldwin, and to permit an existing dwelling and to
provide parking on 711 Fairview Avenue, Planning Department Case
No. C.U.P. 76-21, more particularly described in Exhibit "A",
attached hereto and made a part hereof; and
WHEREAS, a public hearing was held on said matter on
September 28, 1976 at which time all interested persons were
given full opportunity to be heard and to present evidence;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Planning
Department in the attached staff report is true and correct.
SECTION 2. This Commission finds that:
1. The ~ranting of a conditional use permit as herein-
after provided will not be detrimental to the public health or
welfare or injurious to the property or improvements in such zone
or vicinity.
2. The use applied for at the location indicated is
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properly one for which a conditional use permit is authorized.
3. The site for the proposed use is adequate in .size
and shape to accommodate said use, including all yards, parking,
loading, landscaping and other features required to adjust said
use with the land and uses in the neighborhood.
4. The site abuts streets and highways adequate in width
and pavement type to carry the kind of traffic generated by the
proposed use.
5. The granting of such conditional use permit will not
adversely affect the General Plan.
SECTION 3. That for the foregoing reasons, subject to
approval of the City Council, this Commission grants a conditional
use permit to construct a take-out business on the same site as
an eating establishment (855 South Baldwin Avenue) and to permit
an existing single-family dwelling and to provide parking on the
lot at 711 Fairview Avenue upon the following conditions:
1. Prior to the development of this property, a grading
and drainage plan must be approved by the Director of Public
Works.
2. The front yard setback for the Kentucky Fried
Chicken shall be 15 feet.
3. The exterior building materials and colors shall be
compatible with the Sizzler Restaurant and said colors and descrip-
tion of mater~als shall be submitted to the Planning Department for
its review and approval.
4. All signing shall comply with Code.
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5. The new parking lots at 711 Fairview shall comply
with all Code requirements.
6. A six-foot high masonry wall of the same material as
the existing wall surrounding the Sizzler shall be constructed
around the new parking area at 711 Fairview.
7. A landscape and irrigation plan for the new planting
area shall be submitted to the Planning Department for its review
and approval.
8. A modification shall be granted for 88 parking spaces
in lieu of 94 required.
9. A covenant approved by the City Attorney as to form
and content shall be recorded in the office of the County Recorder
guaranteeing that the parking located at 711 Fairview shall be
maintained as long as said buildings or land use is maintained at
855 South Baldwin.
10. A lot consolidation shall be filed for the properties
at 855 South Baldwin Avenue.
11. All deliveries shall be between the hours of
7:00 a.m. and 10:00 p.m.
12. The property shall be improved and maintained in
accordance with the plans which are on file in the subject Case
No. C.U.P. 76-21.
SECTION 4. The Secretary shall certify to the adoption
of this resolution and shall cause a copy to be forwarded to the
City Council of the City of Arcadia.
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I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the Planning Commission held on
the 12th day of October, 1976, by the following vote:
AYES:
Commissioners Coghlan, Hegg, Huddy, Kuyper,
Perlis, Clark
NOES:
None
ABSENT:
Commissioner Reiter
'-~~
, Cha~rman
ATTEST:
!ur~~__
Secretary
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855 Bl\IoDWIN AVENUE
Parcell: The southerly 100.00 feet of Lots 22 and 23 "said distance being
measured along the westerly line of said Lot 22" of Tract 2731, in the City of
Arcadia, in the County of Los Angeles, State of California, as per map recorded
in Book 33, Page 29, of Maps, in the office of the Comity Recorder of said
County, together 'with that portion of the Rancho Santa Anita, in said City,
County and State, as per map recorded in Book 1, Page 97, of Patents, in said
office of the County Recorder, included within that part of the northerly 20.00
feet of the 40.00 foot strip marked "right of way of the Southern Pacific
Railroad" on said map of Tract 2731, which is bounded On the west by the
southerly prolongation of the westerly line of said Lot 22, and' bounded on the
east by the center line of Baldwin Avenue, 60 feet wide, as said Avenue is
shown on said map of Tract 2731.
Except the interest in that portion of said land lying easterly of a line. that
is parallel with and distant westerly 20.00 feet "measured at right angles" from
the easterly line and its southerly prolongation of said Lot 23, as conveyed
to the City of Arcadia for street and highway purposes by the deeds recorded
on January 23, 1947, as Instrument No. 1952, in Book 24139, Page 299,
Official Records of said County, and on August 6, 1954, as Instrument No. 2215,
in Book 45261, Page 402, Official Records of said County.
Parcel 2: That portion of the Rancho Santa Anita, in the City of Arcadia, in
the County of Los Angeles, State of California, as per map recorded in Book 1,
Page 97, of Patents, in the office of the County Recorder of said County,
included within that portion of the southerly 20.00 feet of the 40.00 foot
strip of land marked "right of way of Southern Pacific Railroad" on the map of
Tract No. 2731, recorded in Book 33, Page 29, of Maps, in said office of the
County Recorder, which is bounded on the west by the northerly prolongation of
a line that is parallel with and distant easterly 240.00 feet "measured at
right angles" from the westerly line of Lot 24 of said Tract No. 2731, and
bounded on the east by the center line of Baldwin Avenue, 60 feet wide, .as
said Avenue is shown on said map of Tract No. 2731.
Except the interest in that portion of said land lying easterly of the southerly.
prolongation of a line that is parallel with and distant westerly 20.00 feet
"measured at right angles" from the easterly line of Lot 23 of said Tract No.
2731, as conveyed to the City of Arcadia for street and highway purposes, by
the deed recorded on January 23, 1947, as Instrument No. 1952, in Book 24139,
Page 299, Official Records of said County, and on August 6, 1954, as Instrument
No. 2215, in Book 45261, Page 402, Official Records of said County.
711 FAIRVIEW AVENUE
Westerly portion of Lot 24, Tract 2731, City of Arcadia, County of Los Angeles,
State of California, on the north line of Fairview Avenue, commencing westerly
thereon 72.57 feet from westerly line of Baldwin Avenue, thence westerly on
said northerly line 70 feet with a uniform depth of 290 feet north 3050"00" and
part of abandoned right of way in Santa" Anita Rancho, as recorded in Book 33,
Page 29 I .of Maps, in the office of the Recorder of said County.
EXHIBIT "A"
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September 28, 1976
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: C.U.P. 76-21
711 FAIRVIEW AVENUE AND
855 SOUTH BALDWIN AVENUE
APPLICATION
This application was filed on September 13, 1976 by Carlson
Design and Construction Co. and requests a conditional use permit
for a Kentu~ky Fti~d Chicken take-out on the same site as the
Sizzler Restaurant (855 S. Baldwin), and to provide parking
on the rear 100 feet of 711 Fairview and requesting the single-
family dwelling on the remainder of the lot in a C-2 zone.
LAND USE AND ZONING
The subject sites are zoned C-2 and PR-3 and developed with a
single-family dwelling, the Sizzler Restaurant and parking.
Properties to the north are zoned C-2, C-O D and R-3 and
developed with vacant lots and an apartment. Properties to the
east across Baldwin Avenue are zoned C-2 and developed with a
restaurant and mixed commercial uses. Properties to the south
are zoned C-2, C-2 H, PR-3 and R-3 and are developed with a
service station, mixed commercial uses, apartments and single-
family dwellings. Properties to the west are zoned R-3 and
developed with apartments and condominiums. (See the attached
Land Use and Zoning Map.)
HISTORY
In May of 1971, the Planning Commission approved C.U.P. 71-4,
granting a conditional use permit for the Sizzler Restaurant
at 855 South Baldwin. This restaurant contains 4,212 square
feet. Eighty-six parking spaces are required for the site,
the Sizzler provided 80. The seating capacity is 180.
PROPOSAL AND ANALYSIS
The applicant is proposing to construct a Kentudy Fried
Chicken (KFC) take-out business on the same site as the Sizzler
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C.U.P. 76-21
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eating establishment. Additional parking is proposed on the
rear 100 feet of the property at 711 Fairview (zoned C-2) and the
house will remain on the south 190 feet.
A take-out business does not require a conditional use permit.
However, because this use is located on the same property as the
Sizzler, which has a conditional use permit, a new application
must be filed in order to expand uses on the property.
The proposed KFC would contain 1,488 square feet and be located
on the north portion of the parking lot across from the Sizzler.
The Sizzler has a IS-foot setback from the front property line.
The KFC is proposed to be setback 7 feet to 11 feet from the
property line.
The exterior of the building will be brick veneer and stucco
with a tile mansard roof.
The signs shown on the plans exceed Code requirements.
Eighty spaces presently exist on the site. The construction
of the KFC would eliminate 9 spaces. Eight parking spaces
are required for the KFC and 86 for the Sizzler (94 total).
Additional parking is proposed on the rear 100 feet of 711 Fair-
view to provide a total of 89 spaces on both sites. The new
parking spaces do not meet Code requirements in regard to stall
length. Parking on the 711 Fairview site can be designed to
meet Code. No alterations are proposed in the existing lot.
A 6-foot high block wall is proposed around the new parking area.
The house located on the front portion of 711 Fairview is
proposed. to remain. The entire property at 711 Fairview is
under a separate ownership than the property at 855 Baldwin.
KFC and the Sizzler will be leasing the entire property.
The site on which the Sizzler Restaurant is located (855 S. Baldwin)
is composed of three lots. These lots should be consolidated.
A covenant would have to be filed in order to guarantee that
this parking area will be maintained for the use of KFC and the
Sizzler.
The applicant is proposing at a later date to remove the house
at 711 Fairview, develop the remaining 190 feet with parking
and apply for a new conditional use permit to install seating
in the KFC.
The Planning Department does not believe that the addition of
the take-out on the Sizzler site would be detrimental to the
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C.U.P. 76-21
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area or that a modification of 5 to 6 parking spaces would
create a problem. However, the Planning Department would
recommend that the exterior design and materials of the KFC be
compatible with the'Sizzler and that the KFC be setback 15 feet
from the property line. This IS-foot setback would allow for
better traffic visibility for cars ingressing to and egressing
from the property. (If a IS-foot setback is maintained, one
parking space will be deleted.)
The Planning Department does not foresee any problems with
allowing the existing house to remain at 711 Fairview.
Pursuant to the provision of the California Environmental Quality
Act, the Planning Department reviewed tlie~roposed conditional
use permit and determined that the proposal would not have a
significant effect on the environment. A Negative Declaration
has been prepared and filed for this project.
The Planning Commission in its approval or denial of the
proposed conditional use permit must make the determination
that the proposed project would or would not have a substantial
adverse impact on the environment.
~ RECOMMENDATION
The Planning Department recommend? approval of C.U.P. 76-21,
subject to the following conditions:
1. Conditions outlined in the attached report from the
Department of Public Works shall be complied with to the
satisfaction of the Director of Public Works.
2. That the front setback for the KFC shall be 15 feet.
3. That the exterior building materials and colors shall be
compatible with the Sizzler Restaurant and said colors
and description of materials shall be submitted to the
Planning Department for its review and approval.
4. That all signing shall comply with Code.
5. That the new parking lots at 711 Fairview shall comply with
all Code requirements.'
6. A 6-foot high masonry wall of the same material as the
existing wall surrounding the Sizzler shall be constructed
around the new parking area at 711 Fairview.
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7. That a landscape and irrigation plan for the new planting
area be submitted to the Planning Department for its review
and approval.
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C.U.P. 76-21
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8. That a modification be granted for 88 parking spaces in
lieu of 94 required.
9. That a covenant in a form approved by the City Attorney
shall be recorded in the office of the County Recorder
guaranteeing that the parking located at 711 Fairview shall
be maintained as long as said buildings or land use is
maintained at 855 South Baldwin.
10. That a lot consolidation be filed for the properties at
855 South Baldwin.
D NNA L. BUTLER
ASSISTANT PLANNER
DLB/at
Attachments
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September 27, 1976
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: C,U.P, 76-21
855 BALDWIN AVENUE AND
711 FAIRVIBW AVENUE
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SEP ~ 'i 1976
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CHESTER N. IlOWARD,_Director of Public Worka j'
SIGNED L " / l DATE /
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Rodiform(j) 45 470
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