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HomeMy Public PortalAboutResolution 01-1979 PC" RESOLUTION NO. 01- 1979PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING A REQUEST BY BASHIR AHMAD, M.D. FOR A ZONE VARIANCE TO ALLOW THE ESTABLISHMENT OF A DIALYSIS CENTER WITH 19 PARKING SPACES (INSTEAD OF THE REQUIRED 28 PARKING SPACES). THE PROPERTY IS LOCATED IN THE GENERAL COMMERCIAL . (C -2) ZONE AT 9945 LOWER AZUSA ROAD (AHMAD /SOONG) The Planning Commission of the City of Temple City does hereby resolve: Section 1. Based upon a public hearing for the above Zone Variance as described above, the Planning Commission finds: 1. That there are exceptional and extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property which do not generally apply to other properties in the same zone in that the subject site is 87 feet by 161 feet, which provides for a total lot size of 14,073 square feet; additionally, the site is improved with an existing commercial building which limits potential re -use possibilities; and 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 subject site is rather isolated and does not benefit from other commercial uses in the immediate area; by the nature of the site, it has limited potential for more typical commercial uses; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to adjacent or neighboring properties in that the subject proposal for a dialysis center accommodates clients who are transported to this site; and, therefore, this use is not likely to result in a parking situation which is adverse to the residential neighborhood to the north. Additionally, the proposed hours of operation and days of operation will limit potential adverse impacts; and 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the site is land locked by other developed parcels, which precludes expansion of the site to accommodate more parking. Furthermore, the site is situated directly on Lower Azusa Road with limited on- street parking to serve potential customers of other alternative commercial uses. Section 2. This project should not result in significant effects upon the environment, and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that 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. Resolution 01- 1979PC Page 2 Zone Variance 01 -1450 Section 3. Accordingly, the Zone Variance is approved subject to the following conditions: 1. The proposed development shall be in substantial compliance with the submitted plans dated April 5, 2001, except as modified herein. 2. All necessary building permits shall be obtained from the Building Department. 3. The existing parking lot shall be resurfaced and re- striped. The parking lot shall be designed and constructed with a material acceptable to the Public Works and Community Development Departments. Such surfacing shall be designed, constructed and maintained so as to dispose of all surface water. 4. The parking lot shall be re- landscaped with new landscaping. All weeds, trash and debris shall be removed within 60 days from the date of approval of this Resolution to the satisfaction of the Community Development Department. 5. A detailed landscape and irrigation plan shall be submitted prior to the issuance of building permits and shall be approved by the Public Works Coordinator and the Community Development Department. All landscaping shall have automatic sprinklers. 6. Any exterior signage shall meet the City's signage criteria and shall be subject to the review and approval of the Community Development Department. All necessary permits shall be obtained for any proposed signage. 7. The days of operation shall be limited from 6:00 a.m. to 6:00 p.m., Monday through Saturday. 8. Any proposed lighting shall be directed towards the commercial building and /or parking lot. Said lighting shall be oriented away from the residential area to the north. 9. The exterior of the building shall be repainted and the canvas awning shall be replaced. Both shall be in an earth tone color scheme and shall be subject to the review and approval of the Community Development Department. 10. The building construction plans shall contain a blue line sheet(s) containing each page of this resolution, including all conditions contained therein. 11.AII right -of -way improvements from centerline of streets to property lines shall be shown on the construction site plan. Permits shall be obtained prior to commencement of any work in the public right -of -way. All work in the public right - of -way shall meet Los Angeles County Public Works Department standards. 12. The conditions of approval contained in this Resolution may be enforced by the Sheriffs Department as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. • • Resolution 01- 1979PC Zone Variance 01 -1450 Page 3 13. This resolution shall not become valid until all responsible parties have signed and agreed to the aforementioned conditions of this Resolution. Section 4. The Secretary shall certify to the adoption of this Resolution. Vice - Chairman I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at its regular meeting held on the 24th of April, 2001, by the following vote: • AYES: NOES: Commissioner- Capra, Griffiths, Seibert, Arrighi Commissioner - ABSENT: Commissioner- • READ, UNDERSTOOD, ACKNOWLEDGED AND CONDITIONS ACCEPTED: c7 V JOYCE SOONG, Property Owner BASHIR AHMAD, M.D. Applicant Date Date Secretary