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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 1 1 1