HomeMy Public PortalAboutResolution 01-40031
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RESOLUTION NO. 01 -4003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
REVERSING THE DECISION OF THE PLANNING COMMISSION AND
DENYING ZONE VARIANCE 01 -1445 AND TENTATIVE PARCEL MAP NO.
26228 AT 5243 TEMPLE CITY BOULEVARD (WAKEN /JONG)
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE:
SECTION 1. Based upon information contained in the staff report to the City Council
and information contained in the Planning Commission staff report as well as the Planning
Commission minutes and based upon: 1) testimony received at a noticed public hearing before
the Planning Commission on March 27, 2001 and testimony received at a noticed public hearing
before the City Council on April 17, 2001; and 2) the personal visits to the site by all councilmen,
individually, the City Council hereby reverses the action of the Planning Commission based upon
the findings as contained in the draft Planning Commission Resolution and as enumerated below:
SECTION 2. The zone variance and the tentative parcel map are hereby denied based
upon the following findings:
ZONE VARIANCE
1. That there are no exceptional or 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 lot is rectangular in shape, with a 130 -
foot width and a 228 -foot depth; the property is of substantial size to allow for a two -lot
subdivision with lots which fully comply with all applicable R -1 standards; and
2. That such a variance is not necessary for the preservation and enjoyment of a substantial
property right possessed by other properties similarly situated, but which is denied to the
property in question in that the subject parcel may continue to be used for single - family
purposes; the subject site could be subdivided into two separate lots and improved with one
single - family dwelling on each lot as well as accessory uses such as a workshop, swimming
pool and /or guest house, etc. Further, there is no necessity for the third lot; and
3. That the granting of the variance will be materially detrimental to the public welfare or
injurious to the adjacent or neighboring properties in that abutting properties which front on
Blackley Street to the west of the subject property back up to what is proposed to be Lot 3;
building a new dwelling in this existing "back yard" could be viewed as an infringement upon
the neighboring properties. Furthermore, the proposed access way would be substandard
and incompatible with other existing improvements in this residential neighborhood; and
4. That there are no special circumstances as provided in Section 65906 of the California
Government Code in that the lot is not unique or unusual, except that it provides additional
land area; that is to say, the existing lot has a lot width of 130 feet which lends itself to the
creation of two parcels that exceed the current minimum standard width for a single lot within
the City of Temple City. Likewise, the lot is rectangular in shape and level in grade, which is
comparable to other lots throughout the City.
TENTATIVE PARCEL MAP
1. That the design and improvement of the proposed subdivision is not consistent with the
Zoning Code.
Resolution No. 01 -4002
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2. That the site is not physically suitable for the proposed type of development and proposed
density of development in that the proposed subdivision would necessitate access through
an existing residential neighborhood; and
3. That the design of the subdivision and the type of improvement will not conflict with the
easements acquired by the public at large for access through or use of property within the
proposed subdivision; and
4. That the sewer discharge from the proposed subdivision would not result in a violation of
existing requirements prescribed by the California Regional Water Quality Control Board
pursuant to Division 7 of the Water Code.
SECTION 3. Accordingly, the Zone Variance and Tentative Parcel Map as described
above are hereby denied.
PASSED, APPROVED AND ADOPTED this 1st day of May, 2001
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ATTEST:
City Clerk
I, City Clerk of the City of Temple City, do hereby certify that Resolution No. 01 -4003 was
adopted at a regular meeting of the City Council of the City of Temple City held on the 1st day of
May, 2001. It was duly passed, approved and adopted by said Council, approved and signed by
the Mayor and attested by the City Clerk at a regular meeting held on the 1st day of May, 2001 by
the following vote:
AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders, Wilson
NOES: Councilman -None
ABSENT: Councilman -None
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City Clerk
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