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HomeMy Public PortalAboutResolution 96-34981 1 1 RESOLUTION NO. 96 -3498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING THE PLANNING COMMISSION'S ACTION AND DENYING MODIFICATION OF CONDITIONAL USE PERMIT 94 -1197 AND ZONE VARIANCE 96 -1261 TO ALLOW AN INCREASE IN THE MAXIMUM OCCUPANCY TO 80 PERSONS, WHILE MAINTAINING 39 PARKING SPACES, IN AN EXISTING OFFICE BUILDING IN THE GENERAL COMMERCIAL (C -2) ZONE (MEI HSING TEMPLE) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon testimony received at a noticed public hearing before the City Council and upon facts contained in the Planning Commission Minutes and staff report dated March 12, 1996, and based upon information provided in the City Council staff report dated April 16, 1996, the City Council hereby denies the above referenced request. SECTION 2. Modification of Conditional Use Permit 94 -1197 is denied based upon the following findings: 1. That the site for the proposed use is not adequate in size, shape, topography and circumstances to accomodate the use in that the subject site has a width of 78.5 feet and a depth of 232 feet for a total land area of 18,212 square feet and contains only 39 off - street parking stalls which is inadequate to meet the demands of an assembly use; and 2. That the site does not have 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 the proposed use is located within an existing two -story commercial office building with limited vehicular and pedestrian access from Lower Azusa Road, a primary street, with an 80 foot wide right -of -way and a 64 foot wide roadway; and 3. That the proposed use will have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the meetings, gatherings and services could generate substantial demand for on- street parking which could adversely impact the surrounding neighborhood. SECTION 3. Zone Variance 96 -1261 is denied based upon the following fmdings: 1. That there are no 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 18,212 square feet in size and contains 39 off- street parking stalls; the existing structure was built to accomodate an office use, but was not intended to serve an assembly purpose; and 2. That such variance is not 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 existing building may continue to be utilized for office purposes and as a Temple, subject to the occupancy limitation and other restrictions set forth in Planning Commission Resolution No. 94- 1733PC; and Resolution No. 96 -3498 Page 2 3. That the granting of the variance will be materially detrimental to the public welfare or injurious to adjacent property in that the proposed increase in occupancy for the assembly use has the potential of significantly increasing parking demand; on- street parking could adversely impact the surrounding neighborhood; and 4. That there are no special circumstances as provided in Section 65906 of the California Government Code in that the site is level in grade, rectangular in shape and is currently improved with an existing office building which may continue to be utilized for office and assembly purposes, subject to the occupancy limit and other restrictions set forth in Planning Commission Resolution 94- 1733PC. SECTION 4. Accordingly, the City Council's action reverses the Planning Commission's action and denies the requested Modification of the C.U.P. and Zone Variance. Nothing in this resolution shall nullify the previous approval granted by the Planning Commission by Resolution No. 94- 1733PC; all conditions of approval contained in said resolution shall be in full force and affect, including the limitation on occupancy to a maximum of 30 persons for assembly purposes. SECTION 5. The City Clerk shall certify to passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON 16TH DAY OF APRIL, 1996 ATTEST: City Clerk Pai r.G1.4.% MAYOR I hereby certify that the foregoing Resolution, Resolution No. 96 -3498 was adopted by the City Council of the City of Temple City at a regular meeting held on 16th day of April, 1996 by the following vote: AYES: Councilman - Breazeal, Budds, Gillanders, Souder, Wilson NOES: Councilman -None ABSENT: Councilman -None 1 1 1