HomeMy Public PortalAboutResolution 01-40381
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RESOLUTION NO. 01 -4038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY REVERSING THE ACTION OF THE PLANNING COMMISSION
AND DENYING ZONE CHANGE 01 -1446 AND TENTATIVE TRACT MAP
53533 WHICH WOULD HAVE ALLOWED A RESIDENTIAL PLANNED
DEVELOPMENT (RPD) CONSISTING OF EIGHT SINGLE FAMILY
DWELLINGS ON INDIVIDUAL LOTS TO BE SERVED BY A PRIVATE
DRIVE IN THE LOW DENSITY RESIDENTIAL AREA AT 6161 -6209
AVON AVENUE (CHEN /JONG)
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE:
SECTION 1. Based upon testimony received at a noticed hearing before the City Council and upon
facts contained in the staff report, as well as information and testimony contained in the Planning
Commission minutes and the Planning Commission staff report; the City Council hereby denies the
requested rezoning and subdivision map based upon the following findings:
ZONE CHANGE
1. That the requested change in zoning from Single Family Residential (R -1) to Residential
Planned Development (RPD) is incompatible with this particular neighborhood; and
2. That the proposed project which consists of two -story dwellings, having 2,400 square feet
of living area and three car garages is inconsistent with other existing development in this
residential neighborhood; and
3. That the change in zoning to the RPD category is not justified in this particular instance by
any unique or special circumstances; it would be possible to construct a public street and
subdivide the site into typical R -1 lots which contain the minimum 7,200 square feet of lot
area.
TENTATIVE TRACT MAP
1. That the design and improvement to the proposed subdivision is inconsistent with the intent
and purpose of the City's zoning as well as the State Subdivision Map Act in that the
proposed development project would be served by Avon Avenue, which is improved with
only 30 feet of roadway in a 50 foot wide Right -of -Way; and; most of the proposed lots are
less than the minimum size for a single family residential area; and the proposed new
houses would be larger than typical homes in the immediate area; and
2. That the site is physically not suitable for the proposed type of development and the
proposed density of development in that not all of the proposed lots contain a minimum of
7,200 square feet of net lot area, which is the applicable standard in the single family
residential (R -1) zone; and
3. That the division and development of property in the manner set forth on the map of Tract
Map 53533 may interfere with the free and complete exercise of the public entity and /or
public utility right -of -way and /or easements to the extent that the proposed subdivision
would result in eight (8) separate owners having fee simple property ownership and a
Homeowners Association which would oversee the entire site, including a proposed private
driveway; and that the sewer discharge from the proposed subdivision could possibly result
in a violation of existing requirements prescribed by the California Regional Water Quality
Control Board pursuant to Division 7 of the water code.
Resolution No. 01 -4038
Page 2
SECTION 2. The City Council finds that a fair argument has been made that there are
environmental concerns with the application that are not covered by the Negative Declaration. Accordingly,
the initial Environmental Checklist and Negative Declaration prepared for this project are hereby rejected,
and the requested Zone Change and Tentative Tract Map 53533 are hereby denied.
SECTION 3. A noticed Public Hearing relative to this matter was conducted on August 7, 2001,
before the City Council; at that time there was a unanimous vote to deny the request as described above.
SECTION 4. The City Clerk shall certify to the passage and adoption of this confirming resolution
and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on this 21st day of August, 2001.
Y )
M YOR
ATTEST:
I hereby certify that the foregoing Resolution, Resolution No. 01 -4038, was passed, approved and
adopted by the City Council of the City of Temple City at a regular meeting held on this 21st day of August,
2001 by the following vote:
AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders, Wilson
NOES: Councilman -None
ABSENT: Councilman -None
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