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RESOLUTION NO. 818
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ARCADIA RECOMMENDING A
DENIAL OF A ZONE CHANGE FROM C-O TO C-2
AT 77 WEST LAS TUNAS DRIVE.
WHEREAS, on May 18,1973, Milton Enterprises, Inc.
filed an application requesting that property located at 77 West
Las Tunas Drive be rezoned from c-o to C-2, Planning Department
Case No. Z-73-4. Said property is described as follows:
That portion of Lot 66 of the Santa Anita
Colony in the City of Arcadia, County of Los
Angeles, State of California, as shown on
map recorded in Book 42, page 87, of Miscel-
laneous Records, in the office of the County
Recorder of said County, described as follows:
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Beginning at a point in the northerly line of
said lot 66 distant North 890 59' 30" West
thereon 550.00 feet from the northeast corner
of said Lot 66; thence South 00 00' 15" West,
parallel with the easterly line of said Lot 66,
a distance of 177.50 feet; thence North 890 59' 30"
West parallel the northerly line of said Lot 66,
a distance of 315 feet, more or less, to a
line parallel with and distant easterly 210 feet,
measured at right angles from the westerly
line of said Lot 66; thence South 00 00' 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 County; thence
North 760 56' 35" West along said Las Tunas
Drive to the westerly terminus of the above
recited courses; thence westerly along a
tangent curve to the South having a radius of
550 feet, a distance of 134.38 feet to a point
in the westerl~ line of said Lot 66 distance
North 00 00' 08" East 50 feet thereon from
the southwesterly corner of sa~d Lot 66;
thence North 06 00' 08" East along the
westerly line of said Lot, 412.50 feet to
the northwesterly corner thereof; thence
South to the northwesterly corner thereof;
thence South 890 59' 30" East along the
northerly line of said Lot 525 feet to the
point of beginning.
EXCEPT THEREFROM that portion thereof included
within the lines of Tract No. 27504 as per map
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recorded in Book 771, pages 57 and 58 of Maps,
in the office of said Recorder, being the
northelry 294.68 feet thereof.
WHEREAS, a public hearing was held before the Planning
Commission on June 12, 1973, 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 DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. Subject property is vacant and zoned C-O.
Property to the north is zoned R-l and is developed with single
family dwellings; property to the south is developed with
commercial uses and is zoned C-M; property to the east of this site
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is zoned C-O and C-2 and is the site for jojo's Restaurant and
parking lot (approved February 13, 1973). Property to the west
is zoned C-O and is developed with single family homes.
SECTION 2, This Commission finds that the proposed zone
change is not justified by either public necessity ,convenience,
general welfare or good zoning practice and, therefore, recommends
to the City Council that said property not be rezoned.
SECTION 3. 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.
I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the Planning Commission of the City
of Arcadia held on the 26 day of June
, 1973, by the following
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vote:
.AYES:
NOES:
ABSTAIN:
ABSENT:
Corrmissi oners Huddy. Lauber, Perl is, Rei ter
None
Commissioner Erickson
Commissioners Cogh
an Livingston
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Chairman
ATTEST:
~~~/A' _
ecretary
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June 12, 19
June 12, 1973
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZONE CHANGE Z-73-4
77 WEST LAS TUNAS DRIVE
APPLICATION
This application filed by Milton Enterprises, Inc.,
is a request for a change in zoning fro~ CoO to C-2 on
property located at 77 West Las Tunas Drive.
PRESENT LAND USE AND ZONING
Subject property is vacant and zoned C-O. Property
to the north is zoned R-1 and is 'developed with single
family dwellings; property to the south is developed with
commercial uses and is zoned C-M; property to the east
of this site is zoned c-o and C-2and is the site for
jojo's Restaurant and parking lot (approved February 13,
1973). Property to the west is zoned CoO and is developed
with single family homes.
PROPOSAL
The applicant requests a change in zone for the site
which is approximately 210 feet ,in width and 128 feet in
depth, for a total of 28,696 square feet.
The Planning Department feels the best land uses for
this lot would be found in the c-o zone which would pro-
vide proper commercial-residential interface.
ANALYSIS
The General Plan designates the area of the subject
site to be general commercial. Both the pl'esent 'C-'O zoning
and the proposed C-2 zonin~ would be consistent ,with the
current General Plan designation.
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Z-73-4
2
The C-2 zone classification permits a greater range
of land uses which are generally more intensive than the
uses permitted under the existing zoning'. Therefore" the
relationship be'tween the activities permitted and the
adjoining properties is of 'critical concern.
The existing R-1 single family area north of the sub-
ject site has enjoyed some measure of protection from the
poten-tial commercial deve10pmen,t of this property by the
more restrictive C~O zoning.- The types of uses permitted
in a C-2 zone are generally not desirable use~ to abut
existing single family areas.
The requested change of zone would not be contiguous
to zoned property in the same zone classification, both
of the adjoining properties to the ea'st and west are zoned
CoO.
RECOMMENDATION
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The Planning Department recommends denial of this
application for a zone change. However, should the Planning
Commission wish to approve this application, such approval
should be made subject to the following conditions.
1. Conditions as outlined in the attached report
from the Department of Public Works sHall be
complied with to the satisfaction of the Director
,of Public Works.
PLANNING DEPARTMENT
~~ 1Y. W~
JE#~~~. WITTE
ASSOCIATE PLANNER
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Attachments
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May 29, 1973
TO: Planning Department
FROM: Depar~ment of Public Works
SUBJECT.: CUP 73-8 and 2-73-4 - Naugles Restaurant, 101 W. Las Tunas Drive
Recommended conditions for approval -, the developer shall comply with the follow-
ing conditions:
I. Arrange with, and pay costs to, Edison Company to install two ornamental
street lights with underground conduit along the frontage of subject prop-
erty.
2. Construction of Portland cement concrete full width parkway 'sidewalk with
tree wells and driveways along the frontage of subject property. Close
existing driveway if it is not to be used.
3. All utilities shall be underground.
4.
A. grading and drainage plan shall be prepared by a Registered Civil Engineer
and submitted to the Department of Public Works for approval.
5. All work to be performed in accordance with City of Arcadia's Standard Plans
and Specifications and to the satisfaction of the City Engineer.
6. The developer shall be. responsible for paying all costs involved with
complying with the above conditions and further pay the following fee
for street trees:
4 - 15 gal. street trees - - - - - $ 80.00
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CHESTER N. HOWARD
Director of Public Works
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. 2-73-4 ~ CoUP 79-0
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ZONE CHANGE APPLICATION
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TO THE CITY PLANNING COMMISSION:
FILE NO. 7-73..-?(
1. APPLICANT
NAME Milton Ent~rpri~p~ I Tnr'
ADDRESS 120 N. McPherson Road. Oranlle. CA CJ266CJ
TELEPHONE NUMBER (714) 633-6742
INTEREST IN PROPERTY Purchaser in escrow.
2. PROPERTY OWNER
NAME John A. ,Marshall
ADDRESS P. O. Box 1-232. Arcadia. California
j TELEPHONE NUMBER ;(,)116 - '7!?;?~1
./ DATE PROPERTY WAS ACQUIRED ',,2 -it
3. PROPERTY ADDRESS 77 W. Las Tunas Drive. Arcadi a
4. LEGAL DESCRI PTI ON Attached hereto
5. DEED RESTRICTIONS None
6. REQUEST To chanoe present c-o zonin9 to C-2 for comm~rcial d~vplnpm~nt
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7. ANSWER THE FOLLOWING QUESTIONS:
A. Does public necessity require the proposed change: Is there
a real need in the community for more of the types of uses
permitted by the zone requested than can be accommodated in
the areas already zoned for such uses?
(Fully explain your answers, considering the'
surrounding property as well as the property
proposed to be reclas,sified.)
It is necessarv. considerina the quality of the develnpment, the
need for a crime location. and a larger p;,rrel th;,n i~ 1I~1I;,1l.v
available. to meet the parkin9 re9ulations The 7nne rh;,nge i~ ;,l~O
neceSsarv. because this development will provide QII;,lit,y ;,nn ~ervires,
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to the oublic. which are not presently prnviden ;,t ;,~ nther lnr;,tion
to our knowledge. ·
B. Is ,the property involved in the proposed reclassification more
suitable for the purpose~ permitted in the proposed zone tha~
for the purposes permitted in the present classification?
(Answer completely; give all reasons for your
answer).
This could be answered "yes'" and "no" The prnperw h;,~ h""n Tor ~ale
and available for quite sometime under its present zone, and it remains
undeveloped. It would definitely be suited to the zone change requested,
in as much as most of the property on Las Tunas is zoned commercial,
except for the C-O zoni~g on the houses immediately west.
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C. Would the uses permitted by the proposed zone be detrimental
in any way to the surrounding property?
(Explain reasons supporting your answer.)
In no way should this be true. On the contrary. to transform a weedy,
dirt lot into an architectuallv attractive development with heavy
landscaping, and paved drives. this project would be, a. big improvement.
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D. What were ,the original deed restrictions, if any, concerning
the type and class of uses permitted on the property involved?'
Give the expiration date of these restrictions.
(You may attach a copy of these restrictions, after'
propertly underscoring the portions that are in
answer to this question).
None, to our knowledge.
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8. APPLICANT'S VERIFICATION
Executed in the City of
OranQe
,
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County of
Orange
, State of California,
this
14th
day of
May
,19li....
I HEREBY CERTIFY (~r declare) under penalty of perjury that the I
foregoing information is true and corIT \'
, MILTON ENTERPRISES C lX. r~)"
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Si9nature of App i a'ntJ FFREY B WELLES VICE PRES.
Telephone No.(7l4) 633-6942 Address: . .,
120 N. McPherson Road
Orange, CA 92669
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S ature of Property Owner
_Address:
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,; Telephone No.
Received by _~{.'_f5--
Rece.i pt Number .v&~~ '
Date 1'5//J/ZQ
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NOTICE OF PUBLIC HEAR"ING'
BEFORE THE
ARCADIA CITY ,PLANNING ,COMMISSION
Z-73-4 and C.U.P. 73-8
TO PROPERTY OWNERS WITHIN A 300-FOOT RADIUS
MILTON ENTERPRISES, INC., owner in escrow of the
property located at 77 West Las Tunas, has filed with the
Planning Commission of the City 'of Arcadia, an application
requesting a zone change from zone C~O to'zone C-2, on the
above-mentioned property.
Also, they are requesting a conditional use permit
for a drive-thru restatirant located at' 77 West Las Tunas
Dr i ve,.
The legal description of the subj ect -property is as
follows:
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That portion of Lot 66 of the Santa Anita Colony', in
the City of Arcadia, County of Los Angeles; State of
California, as shown on map'recorded in Book 42, Page 87
of Miscellaneous Records, in the office'of the County Re-
corder of said County, d~scribed as follows:
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Beginning at a point in the /Norther1y'lineof said
Lot 66 distant North 890 5'9' 3.0" West thereon 550.00
feet from the Nbrtheast corner-of'said Lot 66:
t,hence South ,66 00' 15" West, parallel with the
;Easterly line bfsaid lot 66 ,a distance of 177.50
feet;,. thence North 890 '59' 30" West",paral1e1 with
the ,Northerly line of said Lot 66,' a 'distance of
315 feet, more or less, to a' line parallel with and
distant Ea;;terly 21~ feet, m~asured at' right angles
from. the',Westerly l1ne of sa:ld Lot 66;' thence South
00 00' 08" West ,along said parallel line to that
portion of the~ortheasterly line of Las'Tunas Drive
reci:t~'d as having a bearing, and distance of "North
760 S6' 35" West 139.16 feet;" in the Decree of
condemrlation in Superior Court Case No. 274177 re-
; ,corded in Bpo,k ;1:2339 Page 97, Official'Records of
"'<~a~dCounty;, then~e North. 76~r56' 35""Wes.~ along
saId, La~. Tun:as Drrve to the ,~ester1y termInus of
~e above recited courses; thence ,W'ester1y along a
tAngent curve to the South having 'a radius of S50
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z- 73-4
C.U.P. 73-8
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feet, a distance of 134.38 feet to a .point in the
'~ster1y line of said Lot'66' distance North 00 00'
bs" East 50 feet thereon from' the pbuthwesterly
corner of said Lot 66; thence North 00 DO' 08".East
alongthe,,.westerly line 'of said Lot, 412.50 feet
to the )7orthwesterly- corner, t'hereo:f; -thence South
890 59' 30" East along the }lbrtherly line of said
Lo.t 525 feet to the point of beginning.
EXCEPT THEREFROM that portion- thereof included
within the lines ,of Tract No. 27504'as' per map re-
corded in Book 771, Pages '57' and 58:~9f Maps, in the
office of said Recor.der, 'being- the- ~ortherly 294.68
feet thereof.
NOTICE IS HEREBY GIVEN that on Tuesday, June 12,
1973, at 7:30 p.m., in the Counci1.Chamber-of the City
Hall, 240 West Huntington Drive, Arcadia, California, said
Planning Commission will hold a public hearing on the
proposed zone change, and an 'loppottuni ty' will be afforded
to persons particularly interested, and the public
generally, to be heard on all ma t,ters concerning said zone
change.
DATED: June 1, 197~
PLANNING COMMISSION OF THE
. ,CITY' OF ARCAD'IA', CALIFORNIA
WILLIAM,WOOLARD
SECRETARY bF THE ARCADIA
CITY PLANNI-NG,,'QOMMTSSION
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