That parking covenant may not be needed now. But what’s going on there in the future?

 

Staff’s obviously not telling the council members the whole story here — or getting it from the property owner.

BACKGROUND
In June of 1968 a parking covenant was recorded against the property at 4315 W. Riverside Drive (Exhibit B). The covenant provided additional parking for the proposed Greene’s Department Store located approximately 400 feet away at 4201 W. Alameda (Alameda). The covenant was recorded, but it appears that a copy of the covenant was never provided to the City. For reasons unknown to current City staff the property owners at Alameda and Riverside signed an agreement on October 21, 1969 which they thought released the parking covenant (Exhibit C). However, City Council action is required to release the covenant. The owners of both the Riverside and Alameda properties are now requesting that the parking covenant be removed (Exhibit A) to eliminate the cloud on the title represented by the covenant.

Sounds fishy. It gets worse:

DISCUSSION
The purpose of the original parking covenant recorded in 1968 against the property at 4315 W. Riverside was to provide five additional parking spaces so that the owner of the property at 4201 W. Alameda could expand the building. The covenant specifically states that it remains in force “unless this restriction is removed by a resolution of the Council of the City of Burbank, or unless and until other real property of a size sufficient for the parking of five automobiles is substituted therefore. . .” The Greene’s Department store did open at that location, but the respective property owners mutually agreed to release the covenant in 1969. The existence of the covenant was then lost to memory in Burbank.

Funny choice of words there. It wouldn’t be the only thing forgotten. How about a sense of community sanity?

The parking covenant was associated with the expansion of Greene’s Department Store. Other uses have since been established on the property. In 1995 a Conditional Use Permit was approved for food service at the Alameda address without reference to the parking on Riverside. That CUP was appealed to City Council and the decision of the Planning Board was upheld with a modification in 1996. There is no reference in either the 1995 or 1996 public hearings nor in the staff report to the previous parking covenant, nor was there a copy in the file. Currently a juice bar is located at 4201 W. Alameda as shown below…

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The upshot? Sounds like another staff favor for developers:

CONCLUSION
The original use which triggered the requirement for the shared parking agreement has long since ceased and the City has subsequently approved a new use with limited tandem parking in the rear. The current business tenants are not reliant on the 1968 shared parking covenant to meet parking requirements.

The City Council should adopt the resolution for the release of the parking covenant at 4315 W. Riverside.

Hold on there!

What matters here — even if you buy the fishy story that everything was agreed upon informally hunky dory like back in 1969 — is the question of what the property and adjacent property (where Greene’s was) is going to become. Staff’s deliberately gliding over the obvious conclusion here: that this choice Toluca Lake property (and possibly the other one) will soon be on the market, and that that’s why the owner wants this supposed “cloud” of a restriction lifted.

It won’t be staying a juice bar there for long, that’s for sure. This is why the city council needs to look very carefully at what’s going on in this neighborhood when it comes to necessary parking space, and the responsibility of the property owners in this regard, all of them, before it agrees to anything. This isn’t a simple record correction being proposed tomorrow night. It’s removal of previously allotted parking space for the neighborhood.

The owner or prospective owner obviously wants to get rid of that parking lot. It’s not just a technicality. Why doesn’t staff ever admit these things, or tell the city council members the whole story?

Even worse, aside from Gordon or occasionally Rogers, why don’t any of them ever figure these things out? Or ask?
 
 
 

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17 Comments

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17 responses to “That parking covenant may not be needed now. But what’s going on there in the future?

  1. Anonymous

    Who is parking there now?

    • semichorus

      The council needs to ask this question before they approve any elimination — because that’s what’s being asked for.

      It’s an odd deal, but Toluca Lake used to be full of this stuff. Anyone else remember the constant parking scuffles between Paty’s and Alphonse’s in LA? At one time Paty’s customers could park at Alphonse’s, and then they couldn’t, and so Paty’s opened a lot across the street.

  2. chad

    And Dixie, what is your point?

    • DixieFlyer

      The point is that they continue to leave out the Middle names.

      Point of fact the middle name of one candidate is the same as Obama.

      No meds involved, just paying attention.

  3. Jennifer Jean

    Semi,
    Watching last nights C.C. meeting,
    Talamantes A. K. A. Tell a moron &
    The “Puffer!”
    He was his Abrasive ,Rude and
    Self centered disgusting self!!!
    For him to say he hadn’t heard of
    Irma Luces passing away? Was a bold
    Face Lie! He was short with Frutos &
    Dr. Gordon about the $50 K spent from
    City funds for funding the ‘yes’vote for
    Measure “B!” Which is totally illegal.
    After public comments ,when it was
    Stated that a lawsuit is pending and is
    In the process of being filed against
    The city of Burbank for using city
    Funds illegally. Who approved this ?
    To help pass measure “B?”
    They asked the speaker who mentioned
    The lawsuit if he would meet with Amy
    Albano…. Burbank’s City Attorney!
    Give us a break !
    We all know why they have a sense of
    Urgency.

    • semichorus

      If the city can present an FPPC ruling or AG opinion or court decision that says city run P-BIDS/T-BIDS can donate to political campaigns and then get city staff members to help them do so then they have nothing to worry about. We’re all wasting our time talking about it.

      If not, there’s no reason to talk to them. Talk to your lawyer or FPPC contact instead.

      Wouldn’t it be great if Ramadi (Raad) had to pay this back out of their own pocket?

    • Slim

      Frutos is in election mode trying to pretend to be tough very disingenuous then went with the easy 3-2 vote with Gordon give me a break.

  4. Reginald Gleason

    Regarding Parking:
    Can you believe after noticing the past
    two weeks on Lima and Avon St.
    at Magnolia Blvd. on Wednesday street
    Sweeping day between 8am. to 10am.
    No Parking! The parking enforcement Jeep
    Is there like clockwork. To write tickets
    Because of the street sweeper. I know
    The city needs the revenue?
    Why doesn’t the Jeep come back during
    Regular business hours to ticket the
    Parking abusers who patronize
    RomancingThe Bean! They park on the
    3400 block on Magnolia for two or three
    Hours daily. They are told to disregard the
    One hour parking signs because the city
    Doesn’t honor the signs! A sweet deal for
    Romancing The Bean! At the City Council
    Meeting last night they discussed the
    The Juice Bar on Riverside Drive. with three parking spaces then the city
    Waved an existing covenant for five
    Parking spaces ! So now the Juice bar
    Has eight spaces . Luddy said eight spaces
    still seems like not enough parking spaces
    For the establishment. She said one space
    For every hundred feet? 1800 sq. ft. The
    Juice bar should really have (18) parking
    Spaces?
    What about Romancing The Bean with
    1880 sq. ft. That was allowed to open its
    doors with just Two parking spaces
    Located in the back alley. One of the two
    Is handicapped parking only ! The
    Second is reserved for the owner !!
    Thank you Bob Frutos and Tellamoron
    For sliding this travisty (R.T.B.) through
    City hall waiving any restrictions!!!
    As usual at city hall it all boils down …
    TO WHO YOU KNOW!!!!!

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