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HomeMy Public PortalAboutResolution 94-33031 1 1 RESOLUTION NO. 94 -3303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY SUSTAINING THE PLANNING COMMISSION'S DETERMINATION THAT A 20 -FOOT YARD AREA SHALL BE MAINTAINED FROM THE ROWLAND AVENUE STREET FRONTAGE FOR A PARCEL OF LAND ADDRESSED AS 9935 GARIBALDI AVENUE. (ANDREWS) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon testimony received at a hearing before the City Council and upon facts contained in the staff report, and upon testimony received at a hearing before the Planning Commission, the City Council hereby confirms the Planning Commission's determination that the street frontage on Rowland Avenue as well as the street frontage on Garibaldi Avenue shall maintain a 20 -foot yard area said yard area shall be maintained unoccupied and unobstructed from the ground upward. SECTION 2. This determination is based upon factual considerations contained in Planning Resolution No. 93 -1722, as well as evidence contained in the City's historical files regarding the creation of the lot currently addressed as 9935 Garibaldi Avenue. Specifically, the determination that a 20 foot setback requirement shall apply to the Rowland Avenue street frontage is based on the following. 1. The street frontage of 9935 Garibaldi Avenue, which is along Rowland Avenue, is adjacent to other lots which have their front yards facing Rowland Avenue. A continuation of the 20 foot setback requirement for structures would be warranted for continuity purposes. 2. Section 9296(E) specifies that no off - street parking area shall be located closer than 20 feet from the street right -of -way of any R -Zoned corner lot and it is the determination of the City Council that this provision is intended to apply to lots with more than one street frontage and not be narrowly restricted to corner lots. 3. The final recorded tract map for the subject property indicates that a five foot planting and utility easement is recorded on Lot 7 (9935 Garibaldi Avenue). Said easement is granted in favor of the City of Temple City. No buildings are permitted in this easement. 4. The City's historical files relative to the creation of Tract No. 32644 references the subject lot as a through lot. Additionally, Planning Commission Resolution No. 76 -685PC (condition #4 of Section 2) specifies that the original development, including the subject lot, shall comply with all City regulations. SECTION 3. This project is Categorically Exempt in accordance with the State CEQA Guidelines. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON THE 18TH DAY OF JANUARY, 1994 Resolution No. 94 -3303 ATTEST: Page 2 I hereby certify that the foregoing Resolution, Resolution No. 94 -3303, was adopted by the City Council of the City of Temple City at a regular meeting held on the 18th day of January, 1994, by the following vote: AYES: Councilmember- Breazeal,McGowan,Wilson,Manning NOES: Councilmember -None ABSTAIN: Councilmember -Budds 1 1 1