HomeMy Public PortalAboutResolution 97-36261
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RESOLUTION NO. 97-3626
A RESOLUTION OF THE CITY COUNCIL OFTEN; CITY OF TEMPLE
CITY UPHOLDING THE PLANNING COMMISSION'S APPROVAL,
SUBJECT TO MODIFIED CONDITION, TO LEGALIZE AN EXISTING
TWO -STORY 704 SQUARE FOOT ACCESSORY STRUCTURE THREE
FEET FROM THE NORTH PROPERTY LINE INSTEAD OF FIVE
FEET THEREFROM IN THE SINGLE - FAMILY RESIDENTIAL (R -1)
ZONE AT 6259 MUSCATEL AVENUE (BINGLEY) (ZV -97 -1313)
WHEREAS, based upon testimony received at a noticed public hearing on August 19, 1997, and
upon information provided in the Staff Report and provided by the property owner and the property
owner's legal representation in the appeal and upon the Minutes of the Planning Commission meeting
dated July 22, 1997, and upon information provided in the Staff Report to the Planning Commission, the
City Council of the City of Temple City does hereby resolve as follows:
SECTION 1. This project should result in no significant affects upon the environment and a
negative declaration has been prepared in accordance with the State CEQA guidelines. The initial
statement as prepared indicates that there is no potential for adverse impacts to the environment as it
relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including
the habitat upon which the wildlife depends for its continued viability.
SECTION 2. The City Council hereby approves Zone Variance 97 -1313 based upon the findings
contained in Planning Commission Resolution No. 97- 1358PC.
SECTION 3. Approval of Zone Variance 97 -1313 is contingent upon the following conditions:
1. The kitchen, including the kitchen sink and stove shall be removed from the structure.
2. A Covenant shall be recorded which clearly specifies that the referenced two -story guest
quarters shall not be used as a separate rental and may only be occupied by members of
the family who occupy the primary dwelling, temporary guests or persons permanently
employed on the premises.
3. The conditions of approval contained in this Resolution may be enforced by the Sheriff's
Office as well as City Staff. Any violation of any condition is a misdemeanor and may be
processed by criminal complaint
SECTION 4. The City Council hereby rescinds the Planning Commission conditions which
specified that the entire first floor (ground floor) of the two -story structure be converted back to
uninhabitable space, that the kitchen cabinets and counters be removed and that the assessor', building
is not to be served by separate utilities. Said first floor may continue to be used as habitable living space
provided the kitchen sink and stove shall be removed from said structure. Rescission of this portion of the
Planning Commission's conditions of approval in no way affects the applicability of other conditions as
enumerated above. This modification of conditions, shall be null and void if compliance with all other
conditions as enumerated above is not achieved within 90 days of this approval date.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 19th day of August, 1997.
Resolution No. 97 -3626
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ATTEST:
I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 97 -3626, was adopted by the City Council of the City of Temple City at a regular meeting held on the
19th day of August, 1997, by the following vote:
AYES: Councilman - Breazeal, Wilson, Gillanders, Souder
NOES: Councilman -None
ABSENT: Councilman - Wilson
C.
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