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HomeMy WebLinkAbout0603 ~.-. .- . . . RESOLUTION NO. 603 A RESOLUTION OF THE, CITY PLANNING CO~lISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE GRANTING OF A VARIANCE FROM SECTION 9263.3.1 OF THE ARCADIA MUNICIPAL CODE FOR PROPERTY LOCATED AT 1220 SOUTH BALDWIN AVENUE IN SAID CITY. WHEREAS, there was filed with this Commission on the 26th day of October, 1966, the application of Lum's of Arcadia, Inc. for a variance from Section 9263,3.1 of the Arcadia Municipal Code to permit the conduct of an outdoor eating establishment without pro- viding the full amount of parking required on property located at 1220 South Baldwin Avenue in the City of Arcadia, County of Los . Angeles, State of California, more specifically described as follows: All of Lot 3 and the southerly 4 feet of Lot 2 of Tract No. 5659, as recorded in Book 115, page 100, of Maps, in the office of the Recorder of said County; and, WHEREAS, after due notice as required by the Zoning Ordi- nance of said City, a public hearing was duly held on the matter by and before this Commission on the 8th day of November, 1966, at which time all interested persons were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY DETERMINES AND RESOLVES AS FOLLOWS: . SECTION 1. That the southerly thirty-four (34) feet of the existing building is proposed to be remodeled and occupied by an outdoor eating place. That a metal shed at the rear of said property is to be removed to provide three (3) parking spaces; that four (4) additional parking spaces are shared with 1218 South Baldwin -1- 603 t/ '- . . . . . Avenue which occupies the northerly twenty (20) feet of subject property; that there is a parking agreement with property owners along Baldwin Avenue to mutually use for p!'-rking purposes a s,trip of land approximately seventy (70) feet in width adjacent to the easterly side of the alley behind the stores, said agreement to expire in 1972. That additional land (196 feet, by 91 feet) imme- diately ad~acent to the parking area described in said agreement is restricted by covenant for parking purposes and available for use for the benefit, of the businesses on Baldwin Avenue, including subject property. That exceptional circumstances are applicable to subject property not generally applicable to property in the same vicinity because subject property is an older development surrounded by new development which has severely limited subject property's ability to provide additional parking. That the granting of the requested variance will not be materially detrimental to the public health and welfare or injurious to the property in the vicinity as the proposed use is one properly permitted in Zone C-2, and the re- moval of the non-conforming structure will be an improvement and provide extra parking spaces. That other property in the same zone and vicinity are permitted uses without the required amount of park- ing. That the use complies with the requirements of the General Plan and is permitted in the zone. SECTION 2. That for the foregoing reasons this Commission recommends to the City Council that a variance from Section 9263.3.1 of the Arcadia Municipal Code' be granted with respect to the above- described property to the extent necessary to permit the conduct of an outdoor eating'establishment without providing the full amount of parking required by Section 9263.3.1 of the Arcadia Municipal Code. -2- 603 ..../-... . . . . SECTION 3. The Secretary shall certify to the adoption of this resolution and shall cause a copy hereof 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 City Planning Commission held on the 22nd day of November, 1966, by the following vote: AYES: Commissioners Ferguson, Golisch, Hanson, Kuyper, Lauber, Stewart and Parker NOES: None ABSENT: None Chairman . ATTEST: /s/ WILLIAM PHELPS Secretary . -3- 603 , 1 I . . . NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY PLANNING COMMISSION V-66-7 WHEREAS, LUM"S OF ARCADIA, INC. Lessee, of real property located within the City of Arcadia, California, and hereinafter described, has filed with the Planning Commission, of the City of Arcadia, an application requesting a zone variance from the: parking requirement in Zone C-,2 fpr the purpose of establishing a restaurant in an existing building. The legal description of the property is: All of Lot 3 and the southerly 4 feet of Lot 2 $I Tract No. 5659, as recorded ,\ ijJ... ..L 8 _ ~n \.0= 01 l Y.' 10 ~ C,z in /I6rtp Book 115, page 100" tJ~1..v....1A...-~ tr~~,3 ~ (diU The subject property is commonly known as 1220 Siuth Baldwin Avenue. . NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday, November 8, 1966, at the hour of 8:00 o'clock p.m., in the Council Chamber of the City Hall, 240 West Huntington Drive, Drive, Arcadia, California, said Planning Commission will hold a public hearing on the question of said proposed application, and an opportunity will be afforded to persons particularly interested, ond the public generally, to be heard on all matters concerning said zone variance. PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA ~~ WILLIAM PHELPS, Secretary of Arcadia Planning Commission DATED: October 28, 1966. . ~""I;' " I, / ~/~ . , r'O '~ '" . . . ,,' . . November 22, 1966 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: VARIANCE AND/OR CONDITIONAL USE PERMIT V...66-7 - 1220 S. BALDWIN AVE. SUMMARY The Planning Commission held a public hearing on this application on November 8, 1966. There were no objections voiced by the general public. After the hearing was closed the Commission discussed the application. A motion to approve the application did not carry. Three members voted to approve - three voted not to approve. The or,dinance states that action by the Commission requires a majority of the total membership or four votes. Therefore, this item appears on the agenda again. The Commission may discuss the application, the staff report, and the problems involved and may entertain 0 motion to approve or deny. If the Commission does not resolve this deadlock within 35 days, the ordinance provides that the case be sent to the City Council without recommendation. The 35 day period will have passed before the next regular meeting of the Commission or December 13, 1966. Therefore, action on this application should be taken at this meeting. LOCATION The property is located at 1218-1220 South Baldwin Avenue. One building 54 feet wide occupies the site. The northerly 20 feet is used for Vince's Cafe. The southerly 34 feet is proposed to be used for Lum!sRestaurant (The applicant). REQUIRED APPLICATIONS A variance appl ication is necessary because the restaurant portion of the bui Iding contains approximately 1957 square feet which requires I parking space for each 50 square feet, or in this case 39 spaces. Only three.spaces plus the rights to use other parking is proposed. , . A Conditional Use Permit application is necessary because an open patio for serving food and beverages is proposed. - I - .. . . . ," .' . V-66-7 PARKING PROBLEM 1. Only 3 of the required 39 porking spoces are availcible on the site. 2,. The property owner has an agreement valid until 1972 to use the parking area on the east side of the alley. This parking areci is jointly used by the other stores on, Baldwin Avenue and contains 79 parking spaces. The building On this property has about 2500 square feet which, under today's code requires 13 spaces. Therefore, there are 66 spaces available for use by the stores on Baldwin Avenue. 3. The total floor of the stores on Baldwin Avenue is approximately 18,500 sq. ft. The bank has about 5500 sq. ft. In back of the stores there are about 26 parking, spaces. Under today's code 136 spaces would be required. Therefore, there is a parking space deficiencyof 110 spaces partly overcome by use of the 66 spaces on the east side of the alley, The net parking deficiency for the area is about 44 spaces. 4. The use of the subject building for a restaurant would increase the amount of deficient parking spaces by 26 spaces making the total parking space deficiency:iO spaces. RECOMMENDATION The Planning Department recommended approval of the application in the report dated November a, 1966 for the following reasons: 1. The use was not considered as a primary generator of traffic, i.e., we believe business for this establishment is more likely to come from people employed, or shopping inthe area. In both cases their vehicles will probably be at the main point of initial attration, i. e., their employment or shopping places. 2. The parking problem though identifiable on a building by building bosis is of such a magnitude that a solution is only practical on an area bosis. 3, Rather than to have a vacant store with a small number of off street parking spaces, it would be better to have an occupied store without any spaces. - 2 - .. . . . . . . V-66-7 WP:ma . . 4. Parking is needed by almost all types of businesses. Yet the cost of parking often cannot be absorbed until the business produces revenue. 5. The east side of Baldwin Avenue is in need of some revital.ization in terms of refurbishing the existing buildings. This venture, if successful, may prove to be a stimulus to other property owners to fix up their buildings. PLANNING DEPARTMENT d/~~ WILLIAM PHELPS, Planning Director NOTE: ADPITIONAL INFORMATION- a. The property 660 West Duarte Road was granted a lot split in 1959, subject to filing a covenant restricting the southerly (196' x 91') parcel for parking purposes. b. Th is land is immediately adjacent to the property next to the parkIng area on the east side of the alley. c. On this land there are about 48 parking spaces which are used for the benefit of the businesses on Baldwin Avenue, including the property which is the, subject of this application. d. The parking space deficiency for the area is, therefore, further reduced from the 70 spaces referred to in item four to 22 spaces. ~ W. P. - 3- . ~ J::::::::::r NO~ , , ! , ' ~ .:) 2 \\\ ~ 2 - ~ . Q ..\ t{ ~ A ((~A e.A tv l< ~to(l!S fOf,AJ... 5~Ate~ ((fri. ~~~ '1PM~~+g {7aoro 5(?.At'\iJ~ ?pA"e~ l7tf'''6~t . . . . :::'::-?V~a.{,~ :" (20A(/ , , .c w. tlt ; <( , ~ , () l( ~ ) ~ , r ~ C) +,i &! () ) OJ I 0 1/ ~I I ~, ~ , <Si ~I>- I I ~ ul ~ j I J e>A.f'.,) l<' 1<( I ~,?OO t\11 or I I ~I.OOlZ ",<<eft.. I I I.... 1-- 'J-''S.oo'! . oi!A.ooe :p..fl~" l I' 1 I I '" 'M U ~ \1\ , -.J ~ '\l:, ~ .!c ~ C- ~ I II I -- -- ~--l \) * u 'Z ~ ~ ~ co ~ 1__. I , , :' ,. I I '. I, '. I " .....- j: , I' " w~st Or AI-I,~'( . , 414- ,p~~,I't~~. 91. ... 'II I' II (;,~,. zC) , ^~~^ ~^st or 1\\..\..6'( :.....: ,~fot1l!S- 13 ~PAt.1t5 f/.~~. .',":'- t)lI'5>t7PA&~ 117 .. ~f~f'~~ 114 i1:3>tiI COM"'IN~<' Artf-AI; w~st Of Au..~'( IS" ~p""e.s 17efl~I~,,* 6Mt 0(. Af,,\.~~. II 4 ~}leU.r; ~PH-6~ 'fotA&' ,A.rt61\:z. Z ~'Ac.IS V'8fl&l~tJ.1' - , ~ ' _ '........~r..'f ....~. . ...u,.a~. ,,~ ,~~_;':"'~-r;j:;:.}..~~ry,,~.; ~~:~-,,'\t-,- 2.E:<.m.. -. ,~-"~.1'1-.aL:~'~1 ..!...._.~"--. ".,'1,.... c., (.. - 'i .....~ " , , , . D1!CLAAA l'ION OF COVENANT. BANt OP AMERICA NATIONAL -mUST AND SAVINGS AS~IAnON, 0;:>00--__ '. '; a National HanltifJ8 Association, hereinafter referred to as "DECLARANT", hereby 4eclares that'it is the O\fller of that certain real property in the City of ^rc~dia, County of Loa An~eles, State of Cat'ifornia, described a,s foUowsl nlat portion of Lot 6 of Tract 4090, in the City of Arcadia, Couuty of Los Angeles, State " . '-' " '., " if " d',' -'. . jr '. \"" of California, as per map recorded in Book 23, Pa&c 47 .of Maps, in thc office of the County " ,'- , '< 'l't " ,. Recorder of said County, de8cri~cd as [ollowsl lJeginning at the Northwesterly corner of sdd Lot; thence .Iia~te,rly alOllt; tJ,~ ;{urtllcrlylino:! ther,eof, 91.67 feet; thence Southerlr a.nd 'parallel with the ~'lestelly line of sa d Lot 450.7S feet, more or less, to the Southerly lin;: thereof i ., thence ~esterly along said ,C:;outherly line 90.54 teet to the Southwesterly corner of Raid lot; thcllce NortJlerly alone the We.terly line of 8~id lot a distance of 436.29 feet to the point of l>cail1oiu;H EXC~?T the interest ill the North~r1y 10 feet of said land conveyed to the ':1 ty. of Arcadia, a 1,Iunicipal Corporation. (or street and highltny purposes, by deed recorded September 24, 1954, in Reok 45665, ?age 271, Official n~cords; " f' ' ). ~. ' '\ ~. , '" :,-i. ',d I.,; " j., ~. ~ '...' ~ , ' 'r ~ .r t.., ,~ and that the aforesaid property i~' further described for purposes hereof IlG I'a.rc:cl "!.". " .~ .1/ . , " , " In cOlllllideration of the granting of perlilisBion by the City of ArCadiA, pursu:..nt 1.0 th~ l-1:ovi:;ioflS, of Ordinance No. 860 of said City, 1415 amended, to divide snld l'arcel "A" into two pu- cela, each described r~$pective1y as (ollowsl 'I 1\. " ',' , ), Parcel "B" The Northerly ;no feet mensured alon8t~esterlyllne of that portiOA of Lot 6 of Tu,ct No. 4090. in the City of Arcadia, ;, COUllty or Los Angeles, State of calJ.f~rnla, aa ':.' "" per map recorded :In Book 43, Page 47 of Maps, , in the office of the County' Recorder of said ',',:'. :,' !'" CoUDty, ,describe~ as followsl ' '.~ "" .' ,',\ ,', ri"\" BeginD1Dg at .tbe Northwenteriy cC?tner ,of said ,'l' "';;" ,~,,'(':'-, :'<_,'~ti",.1~enco EtiG~er.1yi,~,10Dli ,the N.on~e~lY Une ,.' " .'. ,\ '/: ,{;, ~~,::~J~'~\~'~i ;,~, .,:L~:~i,: ,::';:~i,j~,~':~:,;, :"':.~,~ ~t:>,\;,~;:;;,J~~~~;ld';'i"\'Jii,[,,:;,,,,;)l,j;J:!:'i;aii:;"~;,:;i. ~:'.. ;,:.,~~:,,:>,~,'." :,t' '; '~""-';; ;';i/<' .<. .1 .. 'l '1, " ".... ~......, I j"',: ....,'~\\ '," '~J -"". - --...r-. ..... ....#'0 ~- E.XCll~T 'the interest in the Northerly 10 feet of said lu.ild conveyc;d to the City of I'r.:~,~l.i.n. it HUl1icipal Corp:>r~tioTl. for etrf!et lilnd hieh\~ny purposeG, by deed recorded ~eptembar J4, 1~:'4, in Book 45665, page 271, Official f{ecords; and EXCEVTthe Northerly ZlU ieet ~ea&ured alons the l~esturly Hue thereof. DECU\RANT liEPJ,my COVIJ."lMOT's A."iil AGr\.EES {or itself', its Bucce~sor5 ~nd assisns. cs follows: . / ~ ~. ,', , . . .' f ,.!, I .. " ,~ " .~. . " t~~ :j , (' '" ',( ...'''- , thereof~1.67 feet; thence SoutheMl'Y and parallell'ith th~ We~terly line of ~d Lot 1150.75 feet, more or less, to the :,outhcrly liue thereoF I th~I')ce \~~$tcrly along said Southerl)' line, 90..54 feet to the ~';outh- westerly corner of linid lot; thence No,t'thcrly alons the Wl2sterly line of said lot, II (118- tance of 436.:1.9 feet to the point of bcginnin.g; E.x~:Ul'T the interf~l'lt in the Northerly 10 fact of salt.! land conveyed to the l::ity of ArclIdia, 11 :dunicipa.'l eorporll don, for street and hiehway purposes, by deed rccordet. September 24, 1954, in nook ,:.:i66S, l'agc 271, Offi~ial RecordJ'J. Parcel "C" That portion of ,l~Dt 6 of Tract 'WIIO 11\ tfic City of Arcadia, County of Los :~ngele:~" State! of Ct\lifot'1l1a, 11*" per IQap rc-. corded.l.n I:look 4:.1, l'Bt;e 47 of Maps, in the o'i- fiee of t!.c I;ounty ftecorder of said County. df!Kcribed as followsl !leginninG at the Northwt':o.;terly corner of silid Lot; thence na~t('rly along tile Nortberly line ttJec(!of, 9l.tJ7 feet; thCllce Souttlcrly ilOld paralLel with the West"lrly line of SAid Lot, 4~O.75 feet, more or les8, to tl:.e Southerly lill/i' thc:-reof j tJwJ"ce ;.csterly alone said Southerly 1.11ll\', 'N.':'.. f4i:et to the- ~;outllweGterly corner of sl\id lot; thence Nortberly alor.~ tlle \~eaterllr line of sai.d lot. a di13tauctt of 436.2'1 feet to thC! point of heRinninc:. .1. Tha t. lfedl\l'nnt ",ill not cons b'uct any buildings cin I f' said T:'arr:el ....:... " , ~I I,. ;,1 , . , " J,' 2. TIHl.t Declarant shall use IUl.iC\ Parct'l "C" for parkinG purpo&es only. 3. That this covenant shall inure to the lltmefit of. '" " and be enforceable by the CITY OP ARCADIA. or JaOdiiied only upon the written cons.ent of' the City of Arcadia. I. I ~, .,<., . I I ;1 ,. .', " '" . f J "I. :1 _ .~"".t, . ~.', .' ~. ....., . \ .. - ~o - " 1, :'1' f;.... 4' , . ~l> ;l /i i:: ..}. 'Ii' t.to '" , .' II ;(', .... :,./ ""10" " c.' " "'., .~. . ... "'_"1 '. t. 't:, ," ':f .' ';1.'1' .: ' "," J' '~t If' -..."'~, " '.. ~'l, , " -~~> ' <, .~ ! ~: ".':~, >( ;1.. ~. ~', '0.\- " , .' I''', 'j. ,',. \, . ;... .. '" " 1 " .. : _~';',~~.-:<c'I"'.;)- ~t'Q"> ~_. ~~...- -~:_-~_"" v -;ll,p";~ '.. . ~.Ifoj -.....1""\ .;;(. ,.....-y'";.r......_-...:t:'>f.,...,....-.-f.',:~/7".:. '-1~''''' . I' I ( , . . IN WI'INBSS WUBRF.op Declarant has executed the wi thin DllCIARA'l'ION OP OOVJlNANT thi$ day of September 18th 19.59. B~~ OF ~~RICA NATIONAL TRUST ~~D SAVINGS ASSOCIATION . By (5) R. MRnderoach, ' Assistant Vice President By . E.' Sutherland Assistant Secretary D-1014 Recorded in, Official Records of Los Angeles County, Clllitornia. Documont No. 2972 Map Book 1068, Page .465 '::~{i>f ~ . , ,"' ,:,..,.;!". ':O\~~