HomeMy Public PortalAboutResolution 88-2769RESOLUTION NO. 88 -2769
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY APPROVING CONDITIONAL USE PERMIT 88 -902
AND ZONE VARIANCE 88 -905, A REQUEST BY ERNESTINE
PEREZ TO ALLOW THE OPERATION OF A RESTAURANT WITH
THREE (3) PARKING SPACES IN LIEU OF THE REQUIRED FIVE
(5) PARKING SPACES LOCATED AT 4516 TEMPLE CITY BOULE-
VARD
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE:
Section 1. Based upon a public hearing for the above
referenced Conditional Use Permit and Zone Variance, the City
Council finds:
CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in
size, shape, topography and circumstances in that the
site has a total land area of approximately 22,750
square feet or 9.52 acres; and
2. That the site has 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 Temple City Boulevard us a
primary road with an approximate right of way of 80
feet and Lower Azusa Road also is a primary road with
an 80 foot wide right of way; and
3. That the proposed use will not have an adverse effect
on the use enjoyment or valuation of adjacent pro-
perty or urJn the public welfare in that the site is
zoned for retail commercial development and that the
development of such a project will implement the land
use policy of the Temple City General Plan.
ZONE VARIANCE
1. That there are exceptional or extraordinary circum-
stances 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 proposal involves a take-
out restaurant that will not general as much traffic
as would most other nearby restaurants; and
2. That such variance is necessary for the preservation
and enjoyment of a substantial property right pos-
sessed by other property similarly situated but which
is denied to the property in question in that on the
southwest corner of Lower Azusa Road in Temple City
Boulevard an existing donut shop has been granted a
Conditional Use Permit to allow the operation of said
shop without the required off - street parking; and
properties have narrower setbacks and a lesser number
of overall parking spaces; and
3. That the granting of the variance will not be materi-
ally detrimental to the public welfare or injurious
to the adjacent property in that three parking spaces
should be adequate for the proposal; and
4. That there are special circumstances as provided in
Section 65906 of the California Government Code in
that the proposal would not be the granting of a
special privilege inconsistent with the General Plan.
Section 2. This project should not result in any signifi-
cant effects upon the environment. A Negative Declaration has
been prepared in accordance with the State CEQA Guidelines.
Resolution No. 88 -2769 - Page 2
Section 3. Accordingly, the Conditional Use Permit and
Zone Variance are approved subject to the following conditions:
1. Substantial compliance with submitted floor plan.
2. There shall be no sale or consumption of alco-
holic beverages on the premises.
Section 4. That said Conditional use Permit and Zone
Variance is granted subject to review in six months; if adverse
effects are identified said case will be referred back to the
City Council for additional review.
Section 5. The City Clerk shall certify to the adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of March 1988.
ATTEST:
Chief Dep ty City Clerk
_Jz
•
I hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of Temple City at a
regular meeting held on the 1st day of March 1988, by the
following vote:
AYES: Councilmen- Atkins, Froehle, Swain, Gillanders
NOES: Councilmen -None
ABSENT: Councilmen- Dennis
Chief Deputy City Cler
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