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HomeMy Public PortalAboutResolution 94-1725 PC" " " RESOLUTION NO. 94- 1725PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING CONDITIONAL USE PERMIT 93 -1191 AND ZONE VARIANCE 93 -1192, A REQUEST BY CHENG YI LO TO ALLOW THE DIVISION OF AN EXISTING 2,066 SQUARE FOOT COMMERCIAL UNIT INTO TWO UNITS WITHOUT PROVIDING ADDITIONAL REQUIRED OFF - STREET PARKING WITHIN AN EXISTING COMMERCIAL CENTER LOCATED AT 9604- 9606 LOWER AZUSA ROAD IN THE GENERAL COMMERCIAL (C -2) ZONE. (LO) The Planning Commission of the City of Temple City does hereby resolve: SECTION 1. Based upon a public hearing for the above Conditional Use Permit and Zone Variance, the Planning Commission finds: CONDITIONAL USE PERMIT 1. That the site for the proposed use is not adequate in size, shape, topography and circumstances in that the subject property is a total of 22,780 square feet in size and is deficient in the number of existing off- street parking stalls; The subdivision of an existing unit into two units would further worsen the current parking deficiency; and 2. That the site does not have sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that the proposed division of the unit is located within an existing commercial center which shares an alleyway access with a neighboring apartment complex to the east and a dwelling unit to the south; and 3. That the proposed use will have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the existing commercial center contains less than the required number of off - street parking stalls and the division of the unit would increase the parking demand. The potential increase in traffic would adversely affect the surrounding residential uses. ZONE VARIANCE 1. That there are no exceptional and extraordinary circumstances or conditions applicable to the property which do not generally apply to other properties in the same zone in that the subject site is level in grade and square in configuration and is improved in a similar fashion as other properties in the immediate area. Resolution No. 94- 1725PC Conditional Use Permit 93 -1191 Zone Variance 93 -1192 Page 2 2. That such a variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties similarly situated, but which is denied to the property in question in that the subject property is not large enough to accommodate adequate parking for the existing structure. As stated in the staff report, the parking deficiency could be partially mitigated by the removal of the dwelling unit located to the south of the subject property in order to create additional parking area. The owner informed the Planning Commission that to demolish the neighboring dwelling would create an undue financial burden; and 3. That the granting of the variance will be materially detrimental to the public welfare or injurious to adjacent neighboring properties in that the subject property is bordered on to the east by an apartment complex and to the south by a dwelling unit; the intensification of the present uses would bring additional vehicles to a presently congested alleyway; and 4. That there are no special circumstances as provided in Section 65906 of the California Government Code in that the commercially zoned property is served by two primary arterials and a 20 foot wide alley way, is level in grade and is of no unusual parcel configuration. SECTION 2. This project should not result in any significant effect upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. Accordingly, Conditional Use Permit 93 -1191 and Zone Variance 93 -1192 are denied. SECTION 4. The Secretary shall certify to the adoption of this Resolution. • • • Resolution No. 94- 1725PC . Conditional Use Permit 93 -1191 Zone Variance 93 -1192 • Page 3 I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 25th of January, 1994, by the following vote: AYES: Commissioner - Seibert, Griffiths and Souder NOES: Commissioner - Keelin and Muto ABSENT: Commissioner -None ecretary