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HomeMy Public PortalAboutResolution 89-28751 1 1 RESOLUTION NO. 89 -2875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION UPON DENYING ZONE VARIANCE 89 -984 TO ALLOW THE CONVERSION OF EXISTING NON- CONFORMING RESIDENTIAL STRUCTURES TO CONFORMING COMMERCIAL USES IN THE C -2 ZONE WITH EIGHT (8) PARKING SPACES INSTEAD OF THE REQUIRED TWELVE (12) AT 9211 LAS TUNAS. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Based upon a public hearing to consider the Appeal of the Planning Commission's denial, City Council made the findings as stated in Resolution No. 89- 1485PC (Exhibit A), plus one additional finding that the proposed commercial units did not meet the minimum unit size as established by the Zoning Code. Section 2. This project is categorically exempt from CEQA. Section 3. Accordingly, Zone Variance 89 -984 is hereby denied. Section 4. The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED this 6th day of June , 1989. ATTEST: Chief Deputy y clerk I, hereby certify that the foregoing Resolution, Resolution No. 89 -2875 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 6th day of June, 1989 by the following vote: AYES: Councilmember - Atkins,Gillanders,Swain,Froehle NOES: Councilmember -None ABSENT: Councilmember - Breazeal Chief Deputy Cl r RESOLUTION 89- 1485PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING A VARIANCE TO PERMIT THE CONVERSION OF NON- CONFORMING RESIDENTIALLY USED BUILDINGS TO CONFORMING COMMERCIAL USES WITH A TOTAL OF 8 PARKING SPACES RATHER THAN THE MINIMUM REQUIRED 12 PARKING SPACES IN THE C -2 ZONE AT 9211 LAS TUNAS DRIVE. The Planning Commission of the City of Temple City does hereby resolve: Section 1. Zone Variance 89 -984 is hereby denied based on the following findings; 1. That there are no 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 subject site contains 8,396 square feet of area and 50 feet of street frontage on Las Tunas Drive, which is quite similar to other commercially zoned properties along this commercial corridor; and 2. That the variance is not necessary for the preservation and enjoyment of substantial property right possessed by other properties similarly situated, but which is denied to the property in question in that other similarly zoned properties are required to meet the minimum parking re- quirements for new commercial uses. Other new commercial developments which have been constructed have met the minimum required parking standards and have made substan- tial improvements to the property rather than minimal upgrades; and 3. That the granting of the variance would be materially detrimental to the public welfare and injurious to the adjacent property in that the proposal would perpetuate an existing older development which was improved originally with inadequate parking; additionally, permitting the conversion of structures toward the rear of the lot from residential to office would not benefit the other commer- cial businesses or the community in that the existing commercial building located along Las Tunas Drive is proposed to essentially remain the same, which is in a rather deteriorated condition. If the property is to be converted to a conforming commercial use and remodeled, it should be significantly improved so as to contribute to the overall vitality of the commercial area. RESOLUTION 89 -2875 Exhibit A 1 1 1 1 1 1 RESOLUTION 89 -1485 PAGE 2 ZONE VARIANCE 89 -984 4. That there are no special circumstances as provided in Section 65906 of the California Government Code in that the subject lot is 50 feet wide and contains 8,396 square feet of area and is similar in size and shape and topogra- phy to other C -2 zoned lots along this portion of Las Tunas Drive. CEQA. Section 2. This project is categorically exempt from Section 3. Accordingly, Zone Variance 89,984 is hereby denied. Section 4. The secretary shall certify to the adoption of this resolution. C a rman I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City on the 25th day of April, 1989, by the following vote: AYES: Commissioners Budds, Coolman, Griffiths, Muto,Seibert NOES: None ABSENT: None