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CDC - Item 4 - Playground Equipment at Garvey/Sally Tanner ParkTO: BILL CROWE, EXECUTIVE DIRECTOR FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIOQ~-,. DATE: OCTOBER 5, 2005 RE: AUTHORIZATION TO FILE THE NOTICE OF COMPLETION AND ACCEPT THE INSTALLATION OF PLAYGROUND EQUIPMENT AT GARVEY AND SALLY TANNER PARKS The Contractor "ORTCO INC.", has completed the Installation of Play Equipment at Garvey and Sally Tanner Parks for the bid amount of $ 82,842.38. RECOMMENDATION: It is recommended that the Rosemead Community Development Commission accept the project and authorize staff to file the Notice of Completion. COMMISSION AGENDA 0 C T 112005 ITEM No.-Il 07-n-b9s/sb ARA& Rosemead Community Development Commission ROL 8838 East Valley Boulevard, CA 91770 Tel 626.569.2100 Fax 626.307.9218 TO: BILL CROWE,, EXECUTIVE DIRECTOR FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO"'Q2l~-_..._ DATE: OCTOBER 5, 2005 RE: AUTHORIZATION TO FILE THE NOTICE OF COMPLETION AND ACCEPT THE INSTALLATION OF PLAYGROUND EQUIPMENT AT GARVEY AND SALLY TANNER.PARKS The Contractor "ORTCO INC.", has completed the Installation of Play Equipment at Garvey and Sally Tanner Parks for the bid amount of $ 82,842.38. RECOMMENDATION: It is recommended that the Rosemead Community Development Commission accept the project and authorize staff to file the Notice of Completion. UDic' i~1"5 p$~v?~1 A-GL1dI3A 0 L 1 N r i i f ~ t~u~7 07-n-b9s/sb John A. Henning, Jr. ATTORNEY AT LAW October 11, 2005 VIA HAND DELIVERY Honorable Members of the City Council City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Re: City Council Appeal / DR 03-110 ZV 05-328 Honorable Councilmembers: As counsel for Mr. Ban ("Bob") Nguyen, appellant in the above-referenced matter, I request that the City Council reverse the decision of the Planning Commission dated August 15, 2005, adopting a resolution approving design review 03-110 and Zone Variance 05-328 for the conversion of the property at 8855 Valley Boulevard from a commercial bank to commercial food establishment with less than the minimum number of required parking stalls ("the Project'). Such request is based on the following grounds: A. . The Project is not permitted in the CBD zone because the existing office structure is a "nonconforming building" and "nonconforming use" for purposes of parking and in such circumstances a variance cannot be used to convert an office use to a prohibited restaurant use. The existing office structure is a "nonconforming building" and "nonconforming use" for purposes of parking. (Rosemead Municipal Code ("RMC") chap. 17.17.04.020.) As staff has reported, there are 32,660 square feet of existing office development in the Universal Bank building. (See August 15, 2005, Staff Report to Planning Commission ("PC Staff Report") at pp. 4-5.1 In order to conform with present parking requirements, an office structure of this size would require one space per 250 square feet of floor space of fraction thereof, i.e., 131 spaces. (RMC sec. 17.84.100(A).) Yet, there are only 58 parking spaces on-site. (Id. at p. 4.) The Project is located in the CBD zone, which permits restaurants and cafes, but only if the off--street parking requirement for such use is met. (RMC sec. 17.48.020.) Because the parking requirements for restaurants are especially high (i.e., 1 space per 100 feet), where, as here, the existing structure and/or use are already nonconforming, the Code expressly declines to provide t The August 15, 2005, Staff Report to the Planning Commission appears to be unpaginated. 125 North Sweetzer Avenue Los Angeles, CA 90048 Phone 323 655-6171 Fax 323 655-6109 lawgroup.com Honorable Members of the City Council October 11, 2005 Page 2 for a conversion of the existing use to a more-intensive, restaurant use. (RMC sec. 17.48.130(c).) The staff report implies that this deficiency can be cured by a parking variance. (PC Staff Report, p. 2.) However, it cannot be. Rather, what staff has recommended, and what the Planning Commission has effectively granted, is a use variance, i.e., one which would allow the establishment of a use - namely, a restaurant use - that is otherwise prohibited by the zoning designation. Such use variances are simply prohibited by State law. (See Government Code sec. 65906 ("A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.") B. The approval of the Project is dependent on the provision of narking on a separate lot from the main building without a recorded covenant promising to maintain such narking in violation of the Code. The Code does provide for the "collective use of space for off-street parking." (RMC chap. 17.84.120.) The applicant and the appellant have reciprocal easements for parking and ingress/egress on portions of their respective properties. (See Exhibits A and B hereto.) However, the mere existence of such easements is not sufficient to satisfy the parking requirements under the Code. Rather, where the lot to be used is separate from the main building, the owner of such separate lot must record a covenant to provide the parking: "When the required off-street parking space is provided on a separate lot from the main building, there shall be recorded in the office of the County Recorder a covenant by the owner or owners of the separate lot, for the benefit of the city, to the effect that such owner or owners will continue to maintain such parking space for the building so long as the building is maintained." (RMC chap. 17.84.120; see also RMC chap. 17.04.020 ("'Lot' means a parcel of real property shown as a delineated parcel with a number or other separate designation on a plat recorded in the office of the County Recorder As a matter of law, the applicant is not the "owner" of the adjoining lot; rather, his easement is merely a privilege. Cody F. v. Faletti (2001) 92 Cal.App.4' 1232; Kazi v. State Farm Fire and Casualty Co. (2001) 24 Cal.4,' 871. The owner here is the appellant, and no covenant conforming with the Code has ever been recorded by the appellant. C. The approval of Zone Variance 05-328 was an abuse of discretion because the findings supporting the decision are not supported by substantial evidence. The necessary findings are set out in RMC chapter 17.108.020 and are recited, in turn, in Planning Commission Resolution 05-41 ("PCR"). The following findings are not supported by substantial evidence: 1. "The project does not constitute a grant of special privilege inconsistent with the limjtations upon other properties in the vicinity." (PCR sec 3(A)) There is substantial evidence in the record that the project grants a unique privilege to the applicant, i.e., to utilize an easement on a neighboring property to satisfy the parking requirements of the Project, without consent of the owner of such property, and indeed over his express objection, and in express contravention of Section 17.84.120, which requires a covenant benefiting the City to provide such parking. There is no substantial Honorable Members of the City Council October 11, 2005 Page 3 evidence in the record to contravene this fact. 2. "The project will not be materially detrimental to the public health or welfare or iniurious to the property or improvements in such zone or vicinity" (PCR sec 3(B)). There is substantial evidence in the record that there are reciprocal easements between the property owners for a portion of the parking area. However, there is no substantial evidence indicating that such easements will preclude any injury to the adjoining property or improvements. To the contrary, there is substantial, unrebutted evidence in the record showing that: (a) The Project would subject the existing parking easement on the appellant's property to a greater burden by substantially increasing the parking demand generated by the applicant's development (i.e., the conversion of 4,390 square feet from office, which pursuant to the Code would require 18 spaces (1 per 250 square feet), to restaurant use, which pursuant to the Code would require 44 spaces (1 per 100 square feet). (RMC sec. 17.84.070, sec. 17.84.100.) The applicant's easement is limited in scope, and may not be expanded or relocated without the consent of the appellant. Hannah v. Pogue (1944) 23 Cal.2d 849. No such consent was granted here, and indeed, any increased burden would properly subject the applicant to a legal action for damages, specific performance, and/or a declaration of the parties' rights under the easement. (b) The applicant lacks any right under the easement to "restripe" or otherwise reconfigure parking spaces or circulation in the area where he holds an easement, which area is owned by the appellant. (c) On the property where the applicant does hold fee title, the applicant lacks the right to alter the existing circulation by eliminating traffic lanes leading from the main entrance of the property and replacing them with parking, absent consent from the appellant. The appellant holds an easement to use such lanes to serve his own parcel, and has continuously used them over time, and would be materially harmed by the loss of such lanes. (See Youngstown Steel Products Co. of California v. Ciry of Los Angeles (1952) 38 Cal.2d 407.) Were the applicant to proceed to eliminate such access, he would properly be subject to legal action for damages, specific performance, and/or declaration of the parties' rights under the easement. 3. "A traffic and parking study was completed by a registered traffic engineering firm that analyzed peak hour parking demands with and without the office area conversion and found that there will be sufficient narking space available to customers and employees within the reconfigured existing parking lot areas This Honorable Members of the City Council October 11, 2005 Page 4 includes a re-design of the main entrv along Valley Boulevard to add an additional row of angled stalls within this area. These areas include portions of the shopping center parking lot that have existing reciprocal narking agreements recorded on the deeds to the properties." (PCR sec. 3(B)). This finding assumes that the existing parking lot area presently serving the development on the Project site can, as part of the Project, be "reconfigured" and that the entry can be "re-designed" to add parking. However, there is no substantial evidence supporting this assumption, and there is substantial, unrebutted evidence to the contrary, including: (a) The applicant has no easement for any of the parking to the rear of the structures on appellant's property. (b) As to the area in front of the structures on the appellant's property; although the applicant has an easement across such property, he does not own, or have any ownership interest in, such property. Cody F. v. Faletti (2001) 92 Cal.AppAth 1232; Kazi v. State Farm Fire and Casualty Co. (2001) 24 Cal.4`' 871. (c) The easement held by the applicant allows for "ingress; egress; the parking of motor vehicles for customers, patrons, suppliers and employees of the owner, lessee, sublessee and concessionaires." (See Exhibit A hereto.) It does not expressly or impliedly provide any right to reconfigure parking on appellant's land, nor can any right be implied by facts or law. Nor does it contain any express or implied obligation for appellant to reconfigure parking to accommodate increased parking burden created by the applicant. To the contrary, the applicant is free to retain the parking in exactly the configuration it presently exists, for the sake of maximizing convenience, safety, or any other purpose he may deem appropriate, provided he does not unduly burden any right the applicant may have under the easement. %71 (d) The appellant has an identically worded easement for access on the applicant's parcel. (See Exhibit A hereto.) This easement precludes the applicant from reconfiguring such access in order to add parking spaces on his parcel. (e) The proposed reconfiguration is not technically feasible because there is not sufficient space for regulation parking stalls in the places indicated on the site plan, and there are obstructions that block access to numerous of the parking stalls indicated.2 z These issues will be the subject of a separate presentation during the public hearing by applicant's expert, who has surveyed the site and compared it to the plans submitted to the City. Honorable Members of the City Council October 11, 2005 Page 5 4. "The project will not adversely affect the comprehensive General Plan" (PCR sec. 3(C). This finding is not supported by substantial evidence. 5. "The proposed project is in accordance with the General Plan which designates the site for Commercial use. Restaurant and coffee shop uses are consistent with commercial land uses." (PCR sec 3(C) This finding is not supported by substantial evidence. 6. "That because of special circumstances the strict enforcement of the code would deprive the subiect property of privileges enjoyed by other properties in the vicinity under identical zone classification." (PCR sec 3(D) There is no substantial evidence of any "special circumstance" that justifies allowing the establishment of a more intensive restaurant use given the nonconforming status of the existing office use, and the lack of any covenant with the adjoining owner for provision of any parking at all, much less the amount required by the Code. Nor is there evidence that other properties in the vicinity under identical zoning classification (i.e., CBD) enjoy the privilege to avoid parking requirements under similar circumstances. Simply stated, the variance is nothing more than an illegal waiver of parking requirements, aimed specifically at this project and for the benefit of this developer. 7. The existing shopping center as built has surolus leasable tenant spaces that if devoted to the uses allowed by section 17.48 130(c) would be less conducive to the viable operation of the shopping center than the proposed restaurant uses Other restaurant uses within the CBD zone have similarly been granted variances for minimum number of parking stalls. By restriping and reconfiguring the parking areas in accordance with the approved plans the property owner has met parking requirements to the extent economically feasible" is not supported by substantial evidence in the record. There is no substantial evidence to support these findings, as follows: (a) There is no substantial evidence that unleased tenant spaces in the existing shopping center are "less conducive to the viable operation of the shopping center" than the uses expressly allowed by RMC sec. 17.48.130(C). First, there is no evidence whatsoever placing into question the "viability" of the Universal Square shopping center as a whole, or of the Universal Bank building in particular. Second, even if viability were in question, there is no evidence whatsoever implying that a restaurant use would be more viable for the operation of the shopping center than the uses to which the vacant spaces could be converted pursuant to RMC sec. 17.48.130(C), which uses include a host of retail and service uses that would place a more appropriate burden on parking at the Center. Honorable Members of the City Council October 11, 2005 Page 6 (b) There is no evidence whatsoever that other restaurant uses within the CBD zone have "similarly been granted variances for minimum number of parking stalls." Other variances may have been granted; however, there is no evidence that any of them provided, as this one does, a simple waiver of any additional parking based solely upon a series of fallacious assumptions about the availability of parking in the adjoining lot and the right to simply "paint over" part of the access road on the site, which is subject to an easement held by the adjoining property owner. (c) The assumption that there can be "restriping and reconfiguring in accordance with the approved plans" directly contravenes the legal rights of the appellant. As stated elsewhere herein, the applicant has no right to restripe or reconfigure parking on the appellant's property, and even on his own property he lacks the right to reconfigure access so as to delete two driving lanes and replace them with parking, given that such access is subject to an easement held by the appellant. Moreover, as stated elsewhere herein, the proposed restriping and reconfiguration is not technically feasible - simply stated, the required spaces cannot fit where the applicant proposes to put them. D. The approval of the variance fails to satisfy the Government Code criteria for variances. Under state law, "Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated." (Government Code sec. 65906. (See Topanga Association for a Scenic Community v. County of Los Angeles, 11 Cal.3d 506, 518 (1974) (requiring all Government Code criteria to be met), Orinda Association v. Board of Supervisors, 182 C.A.3d 1145 (1986) (height variance disallowed for failure to meet criteria in Government Code). The findings referenced above are the sole support for the approval of the project. E. The variance is inconsistent with the City's General Plan. See City of Carmel- by-the-Sea v. Board of Supervisors, 137 Cal.App.3d 964 (1982); Neighborhood Action Group v. County ofCalaveras, 156 Ca1.App.3d 1176 (1984). F. The approval of Design Review 03-110 was an abuse of discretion because the findings supporting the decision are not supported by substantial evidence The necessary findings are set out in RMC chapter 17.72.050, and recited, in turn, in the Planning Commission's resolution. The following findings are not supported by substantial evidence: Honorable Members of the City Council October 11, 2005 Page 7 1. "The plans indicate proper consideration for the relationship between the proposed structure and site developments that exist or have been approved for the general neighborhood." (PCR sec. 2(Al) The relationship between the proposed structure and the development of the neighboring parcel, containing the balance of the Universal Square Shopping Center, is characterized by reciprocal easements for parking and access. Although the applicant has an easement on appellant's property, this does not constitute ownership of such property, nor does it create an interest in the land itself. Cody F. v. Faletti (2001) 92 Cal.AppAth 1232; Kazi v. State Farm Fire and Casualty Co. (2001) 24 Cal.0 871. Further, the applicant's easement is limited in scope, and may not be expanded or relocated without the consent of the appellant. Hannah v. Pogue (1944) 23 Cal.2d 849. No such consent was granted here, and indeed, any increased burden would properly subject the applicant to a legal action. Further, as to that portion of applicant's property on which the applicant proposes to reconfigure access by reducing ingress/egress lanes from 4 to 2 lanes and replace the removed lanes with parking stalls, applicant has no right to do so because the access easement is fixed at that place. Youngstown Steel Products Co. of California v. City of Los Angeles (1952) 38 Cal.2d 407. Were the applicant to alter the easement in this way, he would be subject legal action. 2. "The plan for the proposed structure and site development indicates the manner in which the proposed development and surrounding properties are protected against noise, vibrations, and other factors which may have an adverse effect on the environment, and the manner of screening mechanical equipment trash storage and loading areas." (PCR sec. 2(B). The plan submitted by the applicant does not indicate the manner in which surrounding properties are protected against adverse parking impacts of the project. Such adverse impacts constitute environmental impacts. (See CEQA Guidelines, Appendix G, Sec. XV(f) (requiring consideration for purposes of determining significant impact under CEQA of the question "Would the project Result in inadequate parking capacity?") The project would manifestly result in inadequate parking capacity, for the following reasons: (a) The site on which the project is proposed, according to the staff report, contains only 58 spaces presently, and only 81 spaces after reconfiguration proposed by the applicant. (PC Staff Report at p. 4.) (b) The code requirement for the proposed development is either: i. Using the methodology employed by staff, 32,660 square feet at 4 spaces per 1000 square feet = 131 spaces ii. Using the methodology required by the Code, 4,390 Honorable Members of the City Council October 11, 2005 Page 8 square feet of restaurant use at 1 space per 100 square feet, plus 28,270 square feet at 4 spaces per 1000 square feet, = 158 spaces. (c) Although the staff report states there are 310 useable spaces in the lot (SR-4), given that staff s own assertion is that 58 spaces are on the project site, the balance of 252 of the spaces are on appellant's parcel. (d) As the staff report notes, some of the parking on appellant's parcel is behind the structures on that parcel, in an area not subject to any easement held by the applicant. (e) As to the parking area in the front of the structures on appellant's parcel, where the applicant has an easement, he does not own, or have any ownership interest in, such property. (f) The easement allows for "ingress; egress; the parking of motor vehicles for customers, patrons, suppliers and employees of the owner, lessee, sublessee and concessionaires." (See Exhibits A, B.) The easement does not expressly or impliedly provide any right to reconfigure parking on appellant's land, nor can any right be implied by facts or law. Nor does it contain any express or'implied obligation for appellant to reconfigure parking to accommodate increased parking burden created by the applicant. To the contrary, the applicant is free to retain the parking in exactly the configuration it presently exists, for the sake of maximizing convenience, safety, or any other purpose he may deem appropriate, provided he does not unduly burden any right the applicant may have under the easement. (g) The appellant has an identically worded easement for access on the applicant's parcel. (See Exhibits A, B.) This easement precludes the applicant from reconfiguring such access in order to add parking spaces on his parcel. (h) The proposed reconfiguration is not technically feasible because there is not sufficient space for regulation parking stalls in the places indicated on the site plan, and there are obstructions that block access to numerous of the parking stalls indicated. 3. "The site plan and the design of the buildings narking areassigns landscaping, luminaries and other site features indicates that proper consideration has been given to both the functional aspects of the site development such as automobile and pedestrian circulation, and the visual effect of the development from the view of public Honorable Members of the City Council October 11, 2005 Page 9 streets." (PCR sec. 2(F) The design of parking areas and access is dependent upon three assumptions for which there is no evidence in the record: (a) That the applicant is entitled to substantially increase the parking burden on the easement held on the appellant's parcel; (b) That the applicant is entitled to restripe and otherwise reconfigure parking on the appellant's property, or require appellant to do so; and (c) That the applicant may substantially alter, indeed partially remove, driving lanes used for vehicular ingress and egress, over which lanes the appellant has an easement, without the permission of the appellant. G. The use of a categorical exemption under the California Environmental Quality Act ("CEOA") is not warranted here because there is substantial evidence supporting a fair argument that the project may have a significant impact on the environment due to unusual circumstances. Such substantial evidence, as set forth in more detail herein and elsewhere in the Project file, includes, but is not limited to, the following facts: (1) that the applicant lacks the right to increase the scope of his existing parking rights on the adjoining property; (2) that he cannot legally restripe or reconfigure parking or circulation on appellant's parcel, or require the appellant to do so; (3) that he cannot restripe or reconfigure access lanes on his property so as to convert such area to new parking spaces; and (4) that the parking plan proposed by the applicant is technically infeasible. Accordingly, there is no substantial evidence that the applicant can provide the parking that is essential to a finding that the project would adequately serve the combined parking needs of the two parcels and thereby not adversely affect the environment. (See CEQA Guidelines, Appendix G, Sec. XV(f) (requiring consideration for purposes of determining significant impact under CEQA of the question "Would the project Result in inadequate parking capacity?"; see City of Orange v. Valenti (1974) 37 Cal.App.3d 240.) As a result, parking impacts of the Project will be felt beyond the center, on residential streets and at the school that adjoins the shopping center to the north. This constitutes "unusual circumstances" sufficient to preclude the application of any categorical exemption. (See Lewis v. Seventeenth Dist. Agric. Assn (1985) 165 Cal.App.3d 823, 829.) Further, the potential for these impacts requires preparation of a focused EIR for the Project. H. The use of a categorical exemption under CEOA is not warranted here because the original project was never reviewed under CEQA (See Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4t' 1165; City of Ukiah v. County of Mendocino (1987) 196 Ca1.App.3d 47.) 1. The categorical exemption for "minor modifications" (CEQA Guidelines sec 15303) does not apples. The proposed restaurants exceed 2500 square feet in area. Further,. Honorable Members of the City Council October 11, 2005 Page 10 as to the alternative 1'0,000 square foot ceiling provided for in the Guideline, this ceiling is not applicable because the Project site is not "zoned for such [proposed restaurant] use." As discussed in greater detail elsewhere herein, the CBD zone in which the proposed Project would be located simply does not allow for a restaurant use when the use is to be establish by means of converting a nonconforming office use. Moreover, on its face, the mere fact a variance is being sought here means that the zoning does not allow for the proposed use, i.e., a restaurant with insufficient parking. For these reasons, I respectfully request that you reverse the August 15 decision of the Planning Commission in this matter. Very truly yours, 'y John A. Henning, Jr. Enclosures e. - RecoaoiRC Reoueayco My Nf4i/ 7A-c Sn'r.-AA'&r n - Universal Square +..e P. O, Best 246 w~ Rosemead, CaLifcrnia aaL a. *1Ma1sa d ane.aB 913 0 b J SPACE ABOVE rMrO l1He FOP RCOOROER'a USC '•y t,Lr Iota AOgelee 4t + - ; + ~ + •~I AFiVC IAi.r ~ IN THIS SPACE ~a`tc I.: ffiaette 1 ~ 1 Corporation Grant Deed 3 -~;t_j n,ia nee rv,,,,,am s. nns invu„ee w.e ~wun werwr.. :'ea A FOR A VALUAffiS CO"ID~nOtt, > pt of wMC, if hereby a*nvwledgt . ' UNIVERSAL SAVINGS AND LCAN ASSCCIATION. O9 gV:. arotpontian atgmited undo dw fan of ore .taw of Caliornia, S ,t i„ y;$? '[:?'i heaby CRAMS to T . UNSVERSA:. SQUARE, a Califarnia corpnrnlinn, V the faRowisg decribed real property in wv City of Rosemead, Ceunyd Loa Angeles ,torte e<Glu amiss - . Parcel l;.tr. That pamon of Lot 3, in Block of the Rosemc^d Tract, in the Cit•,, of r Rosemead. County of Lae Angeles, State of California, as pro me,. ~•rdni , 4l, rot. L f-` in book 13 page 194 5f Mapd,-U' the etfice of the aorttr/ -ccerder cf said county, described ae follows: 2 Beginning at a point is the westerly line of said or distant thereon aov!h ' C' 59' 00" asst, 110.00 feet from the northwest comer of said let; thenea par- 5.9y allot with the northerly line of .aid lot, naeth 97' 40' 0s" v.+n t, 315.17 feat .,i.' to the easterly line of the west half of said lot: thence along said easterly Line li fife' south 0' 58' 5Z" east, 37.53 feet to the southcrly lint of the northerly 147.53 ; y;bux feet of the east half of said lot. thence along said southerly line north 87' 40' 08" y not, Z90.19 feet to the westerly lino 0f th'±.e-4st5r1y'5 fact 0f sold loll diena- l along into tabu mtlrNoned westerly une, oourh 0' 58' 45" east, to a point ~ .:'A. . . i distant northerly thereon 5 feet from the northerly line of the. southerly 11 '~l > + feet of said lot; thence southwesterly in a direct line to a point in said last - - r mentioned northerly line distant westerly thereon 5 feet from said westerly - f . line of the easterly 25 feet of said lot thence along said northerly line of the . , ; ' southerly 17 feet of said lot, south 87' 39' 30" went, 595.33 fact to a point i distant easterly thereon 5 feet from said westerly line of said lot; thence north- westerly in a direct line to a paint in said last mentioned westerly line distant I northerly tcercon 5 feet from said loot mentioned northerly lime; thence along _ r'v1 i ' said westerly line of said lot, north 0' 59' 00" we at, 495.10 feet to the point of r •',y r:5 EXCEPT therefrom that portion of said land described as follows: ,S .yew Be#=iag at the moat southerly southeast corner of said land; thence along the southerly line of said land, south 87' 39' 30" west 297. 00 feet; thence north Z' Z0' 30" west Z30, 93 feet; thence north 87' 39' 30° east 307.49 feat to `lst eastarly Hart of said land; thence alone the easter.v and soiahdes rly j lines of said Iand, south 0' 58' 45" ..at ZZ6. 00 feet. sad seuela 43' 20' Z3" - west 7.16 feet to the point of beginning. _ Reserving therefrom an easement for ingress: agree,; the parting ad motor vehicles for customers, patrons, -suppliers and employees of the owner, lessee, sub-lases and concessionaires; mad purposes and public utilities over tbetportion of amid land "eluded within the seuharly, 280 Sect (measured along the eaetezly and westerly lined) of raid lot EXHIBIT A , 4 x 'J r ~ e , amia: Z Parcel is That portion of Lot 3, in Block 4, of the Rosemead Tract, in the City of _ Rosemead, county of Los A.agelea, State of Ca li£oiaia, as per map recorded R in book 12 page 194 of Maps, in the office of the county recorder of said county, described as follows: Beginning at a point is the weate rly lice of said lot distant the reap south 0' 59' 00" east, 110,00 fact from the northwest corner of said let; thence par- allel with the northerly line of said lot, north 87' 40' 08" east, 315. 19 feet to he easterly line of the west half Of said lot; thence along said easterly lice south 0° 58' 52" east. 37. 53 feet to the southerly line of the northerly 147.53 feet of the east half of said lot; thence along said southerly line north 87' 40' 08" east, .290. 19 feet to the westerly lire of the easterly 25 feet of said lot; thence along said last mentioned westerly line, aoutll 0' 53' 45" csat,'to a point distant northerly thereon 5 feet from the northerly line of the southerly 17 feet of said lot; thence southwesterly in a direct line to a point in said last mentioned northerly line distant westerly thereon 5 feet from said westerly L line of the easterly 25 feet of 'said IaO thence along said northerly line of the southerly 17 feet of said lot, 'south 37' 39' 30" west, 595. 33 feet to a paint distant easterly thereon 5 feet from said westerly line of said lot; thence nortl,-dist westerly in a direct line to a point in said last mentioned westerl~ line assn t northerly thereon 5 feet from said last mentioned northerly line; E said westerly line of said lot, north 0' 59' 00" west, 495. 10 feet to the point of beginning. CD CJ EXCEPT therefrom that pottien of said land described as follows, Segi$aing at the most southerly southeast eornor of said land; thence along tile_ southerly line of said land, south 07' 39' 70" went 297.00 feet,fheaaa no rta 2° 20' 30" west 230, 93 feet; thence north 87' 39' 30" east 307.49 feet to the easterly line said lnd;4thence et:long t the 00 feet. aterand l south southeasterly line s of said land, o west 7. 16 feet to the point of beginning. Reserving therefrom an easement for ingress; egress; the parking of motor vehicles for cuatcmers,.patrons, suppliers and employees of the owner, lessee, epb-lessee and conceeeicnaires; road purposes and public utilities over that portion of add land included within the southerly Z80 feet (measured along the easterly and. westerly lines) of said lot. parts, - An casement for ingress; egress; the parking of motor vahicles for customers, patrons, suppliers and employees of the owner, lessee, sub-lessee and . concessionaires; road purposee and public utilities over that portion off LoLot s 3 in Block 4 of the Rosemead Tract, in the City of Rosemead. County Angeles, State of Calif oznia, ae =o ozdeirecorded aid county. described a~ollows: Maps, is the Office of the county Beginning. at the intersecti on of the westerly line of the easterly 25 feet of said lot, with the northerly line of the southerly 17 feet of Said lot; thence :Iona said northerly.line, south 87' 39' 30" west 175.00 feet tho th970 e 39 e3ppoint Cr7 - 11.-e11 of begtaaaiag; thence continuing along said aarther.y , west 127:00 feet; thence north Z' 20' 30" went nee. 93 teen thmee north 87' 39' 30" east Z85.00 feet; thence.south 2' ZO' 30" east 47. 00 feet; thence south 87' 39' 30" west 1.58:D0 feet; thence south Z' 20' 30" east 133. 93 feet to the:true point of beginning, - r i! o~ 40. ti.^ ,_4 o= O'a t. M. 3 7. . r ti es' r a :C. 0 4 _ WAt SL'LL9 f M 95.00 N _ ly I Rn\ - fv X'y I 3 ` .f8'f9l M ,44pLL N I Q m -yw a tat .:max Z ON 130NVd + R s ~ JII, 6 M O_ }z - .cs~siz _ rn .oc.ouM g z n le N w y., U CL l~'.9 FM1~ a ~t t Tabk 'JJ~R~li 'J4jty x7] ~Aaei 3 .S M ,W,6Sg0 N ~3YJSRW FXHTRIT-R- n IWJ J w I L John A. Henning, Jr. ATTORNEY AT LAW October 17, 2005 VIA U.S. MAIL Nancy Valdenama City Clerk City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Re: Cony of Hearing Tape / City Council Hearing 10/11105 / DR 03-110, ZV 05-328 Dear Ms. Valderrama: This is to follow up on our conversation of today, in which I asked for a copy of the tape of the above-referenced item from the City Council's October 11, 2005 hearing. Enclosed is a check for $15.00 pursuant to your request. If you can return a receipt for this with the tape, I would appreciate that. I have provided you my Federal Express account number. It is 2407-4646-0. Please feel free to use this number to send the tape. You should specify Priority Overnight, and sign the release at the bottom to allow delivery without a signature. Anything you can do to get the tape out tomorrow (Tuesday) would be most helpful. Very truly yours 4, 4I n ~ 1 John A. Henning, Jr. Enclosure 125 North Sweetzer Avenue Los Angeles, CA 90048 Phone 323 655-6171 Fax 323 655-6109 jhenning@planninglawgroup.com