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HomeMy Public PortalAboutResolution 98-1888 PC" RESOLUTION NO. 98- 1888PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING A REQUEST BY FERI AHMADI FOR CONDITIONAL USE PERMIT 98 -1340 AND ZONE VARIANCE 98 -1345 TO ALLOW THE DIVISION OF AN EXISTING COMMERCIAL BUILDING INTO FIVE (5) INDIVIDUAL OFFICES WITH 20 PARKING SPACES (INSTEAD OF THE REQUIRED TWENTY -SIX (26) SPACES) LOCATED IN THE EAST COMMERCIAL (EC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN AREA AT 9917 LAS TUNAS DRIVE (AHMADI /AMIDI) 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 hereby finds: CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the site contains 18,003 square feet of area and is improved with an 8,488 square foot building; although on -site parking is less than required, an agreement has been reached with the Church of the Nazarene to provide additional off -site parking spaces in an effort to comply with the parking requirements; and 2. That the site does 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 subject property is located on the north side of Las Tunas Drive between Agnes Avenue and Rowland Avenue; Las Tunas Drive has 100 feet of right -of -way and 70 feet of roadway and access to the available parking is served by a 13 foot wide driveway; and 3. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the proposed use would be similar to other professional office and commercial uses in the immediate area. ZONE VARIANCE 1. That there are exceptional and extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property in that the lot has a width of approximately 100 feet and a depth of approximately 180 feet for a total lot size of 18,003 square feet, which is adequate in size to accommodate the proposed use and contains a building size of approximately 8,488 square feet; and Resolution No. 98- 1888PC Conditional Use Permit 98 -1340 Zone Variance 98 -1345 Page 2 2. That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question in that the lot is comparable in size, shape and proposed use to other properties in and around the immediate area; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties in that all development standards will be met, including the required number of parking spaces. The previous tenant utilized additional parking from the Church of the Nazarene without an adverse impact upon neighboring properties; and 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the proposed use would not conflict with either the Zoning Code or the General Plan of the City of Temple City. SECTION 2. This project should not result in significant effects upon the environment and a Mitigated 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 98 -1340 and Zone Variance 98 -1345 is hereby approved, subject to the following conditions: 1. The proposed development shall be in substantial compliance with the submitted development plans, except as modified herein. 2. Hours of operation for all office spaces shall be limited from 9 a.m. to 5 p.m. 3. A lease for at least 13 additional parking spaces shall be obtained from the Church of the Nazarene. Applicant's employees are to utilize these parking spaces. This Conditional Use Permit will be reviewed at such time as said lease expires. 4. All activities and functions at the site shall be subject to the City's noise Ordinance. Any violation of the City's noise Ordinance as contained in Sections 9280 to 9280.1 shall be grounds for revocation of this Conditional Use Permit. • • • " " Resolution No. 98- 1888PC Conditional Use Permit 98 -1340 Zone Variance 98 -1345 Page 3 5. A building permit shall be obtained for any tenant improvements or building modifications. Building improvements shall be made consistent with the submitted development plans. 6. Disposal of Construction Waste: No construction activity waste material of any kind, including plaster, cement, paint, mud, or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter, storm drain or sewer system. Failure to comply with this condition will result in charges being filed with the District Attorney. (TCMC 3400 -3411) 7. All existing signage currently serving the property shall be removed. Any new exterior signage shall be subject to the review and approval of the Community Development Department. 8. This Conditional Use Permit shall expire 24 months from the approval date, if not exercised and completed. If the project is not completed prior to the expiration date, the applicant may apply in writing to the Community Development Department at least forty (40) days before the expiration date for an extension of time. 9. The building construction plans shall include a blue line sheet(s) showing each page of this Resolution including all conditions of approval contained herein. 10. The use shall be limited to general commercial uses and may include medical and dental offices as well as professional offices. 11. The conditions of approval contained in this Resolution may be enforced by the Sheriff's Office as well as City Staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 12. The applicant and the property owner shall sign a copy of this Resolution acknowledging acceptance of the conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Chairman Resolution No. 98- 1888PC Conditional Use Permit 98 -1340 Zone Variance 98 -1345 Page 4 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 14th of July, 1998, by the following vote: AYES: Commissioner - Arrighi, Seibert, Zovak, Capra, Griffiths NOES: Commissioner -None ABSENT: Commissioner -None ,acrz,,,, a 7.6-c Secre e Read & approved and conditions accepted Dated: EHW \RESO \18784.1 /61/. � S Artaid,_ Applicant /Owner