HomeMy Public PortalAboutResolution 96-35441
RESOLUTION NO. 96 -3544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY APPROVING ZONE VARIANCE 96 -1278, A REQUEST TO
ALLOW A DENTAL OFFICE USE WITH 5 OF THE REQUIRED
PARKING STALLS TO BE OF COMPACT SIZE FOR THE PROPERTY
LOCATED AT 9093 LAS TUNAS DRIVE IN THE WEST COMMERCIAL
(WC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN (LEE)
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 reports dated July 23 and
September 24, 1996, and based upon input received at the hearings, the City Council hereby reverses the
Planning Commission's denial and makes the following findings:
1. That there are exceptional and extraordinrry 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 6,706 square feet in size with no vehicular
access from Las Tunas Drive. Vehicular access is from a rear alley off of Hart Avenue; and
2. That such variance is 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 subject site was originally improved with substandard parking; the property is similar to
other properties in the same zone to the extent that off-street parking is less than currently
required; and
3. That the granting of the variance will not be materially detrimental to the public welfare or
injurious to adjacent property in that the use is located on a major thoroughfare, Las Tunas Drive;
and a reconstruction of the parking lot will make the available parking more accessible and
useable. Additionally, several conditions of approval will result in a significant upgrading of the
subject site which will tend to more than off-set any possible adverse impact associated with the
compact parking, and
4. That there are special circumstances as provided in Section 65906 of the California Government
Code in that the site contains an existing commercial building, and the subject property is
triangular in shape, which makes it difficult to
accommodate vehicular parking in compliance with current parking criteria.
SECTION 2. This project is categorically exempt from environmental review in accordance with
the State CEQA guidelines.
SECTION 3. Accordingly, Zone Variance 96 -1278 is approved, subject to the following conditions:
PLANNING
1. The proposed development shall be in substantial compliance with the revised development plans
date stamped September 17, 1996, except as modified herein.
Resolution No. 96 -3544
Page 2
2. As shown on the revised plans dated September 17, 1996, the existing 393 square foot auxiliary
building shall be demolished so as to reduce the parking requirement and provide additional space
for the parking of vehicles. Said 393 square foot structure shall be demolished and removed prior
to issuance of building permits for remodeling.
3. A final parking layout shall be submitted to the Community Development Department for review.
4. The applicant shall submit exterior elevations of the proposed building improvements to the
Community Development Department for design review. The exterior of the building shall be in
full compliance with the design criteria set forth in the Specific Plan.
5. All existing roof, projecting and pole signs shall be removed prior to issuance of permits for
remodeling. All new signage for the proposed use shall be subject to the review and approval of
the Community Development Department. No signage shall extend beyond the height of the
building parapet.
6. The property owner shall obtain a building permit for all interior and exterior remodeling.
Submitted plans shall be reviewed and approved by the Community Development Department.
7. The premises shall be occupied by no more than one business enterprise.
8. No construction activity waste material of any kind, including plaster, cement, paint, mud or any
other type of debris or liquid shall be allowed to be disposed of in the street, gutter, storm drain
or sewer system. Failure to comply with this condition will result in charges being filed with the
District Attorney. (TCMC 3400 -3411)
9. Unless exercised, this Zone Variance shall expire 24 months from the date of approval. If the
project is not commenced prior to the expiration date, the applicant may apply in writing to the
Community Development Department at least forty (40) days before the expiration date for an
extension of time. The granting of any extension of time shall be at the discretion of the granting
body.
SECTION 4. 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 15TH DAY OF OCTOBER, 1996
ATTEST:
MAYOR
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Resolution No. 96 -3544
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I hereby certify that the foregoing Resolution, Resolution No. 96 -3544 was adopted by the City
Council of the City of Temple City at a regular meeting held on 15th day of October, 1996 by the following
vote:
AYES: Councilman - Budds, Souder, Wilson
NOES: Councilman- Breazeal
ABSENT: Councilman- Gillanders
Read and approved by:
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Owner
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