HomeMy Public PortalAboutResolution 03-4220RESOLUTION NO. 03 -4220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
REVERSING A PLANNING COMMISSION ACTION AND APPROVING A
REQUEST BY RICARDO AND RINA JURADO TO ALLOW A REMODEL &
ADDITION TO AN EXISTING TWO -STORY DWELLING. THE PROPOSED
CONSTRUCTION PROJECT WILL INCREASE THE LIVING AREA FROM
1,783 SQUARE FEET TO 2,196 SQUARE FEET, WHICH EQUATES TO A
44% FLOOR AREA RATIO (INSTEAD OF THE MAXIMUM PERMITTED .35
OR 35% FLOOR AREA RATIO). APPROXIMATELY 79 SQUARE FEET WILL
BE ADDED TO THE GROUND FLOOR AND APPROXIMATELY 248 SQUARE
FEET WILL BE ADDED TO THE SECOND FLOOR, WHICH WILL RESULT IN
A SECOND FLOOR AREA WHICH IS APPROXIMATELY 77% OF THE SIZE
OF THE FIRST FLOOR AREA (INSTEAD OF THE MAXIMUM PERMITTED
75 %). THE SUBJECT PROPERTY IS ZONED R -1 SINGLE FAMILY
RESIDENTIAL AT 10554 DANBURY STREET (ZONE VARIANCE 03 -1536)
(JURADO)
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 dated September 23, 2003 as well as the Planning
Commission minutes; and based upon testimony received at a noticed public hearing before the City Council on
November 4, 2003, the City Council hereby approves the Zone Variance based upon the findings set forth
below:
ZONE VARIANCE
1. That there are 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 lot is 58 feet wide by approximately 93 feet deep, with only 5,037 square
feet of land area; and
2. That such variance is 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 lot is undersized and the proposed dwelling, consisting of 2,196 square feet of living area is
not disproportionate to other homes throughout the community; furthermore, the existing dwelling has
two stories and a denial on this variance would greatly impede the property owner's desire to upgrade
and improve the existing use; and
3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to
adjacent or neighboring properties in that the existing house is already two -story and the subject
property is surrounded by similar homes on similar sized lots; the proposed improvements comply
with all applicable setback criteria and would not have any adverse impact on the surrounding area;
and
4. That there are special circumstances as provided in Section 65906 of the California Government
Code in that the subject lot is substantially undersized, containing slightly over 5,000 square feet of
land area as opposed to the minimum required lot size by today's criteria of 7,200 square feet of land
area; the subject parcel is situated within a subdivision of small sized lots which are pre- existing;
additionally, the property is currently improved with a two -story dwelling which creates a unique
circumstance to the extent that any remodeling effort is quite limited without a Zone Variance.
SECTION 2. The project is Categorically Exempt from CEQA .
Resolution No. 03 -4220
Page 2
SECTION 3. Accordingly, Zone Variance 03 -1536 is hereby approved, subject to the following
conditions.
1. The proposed development shall be in substantial compliance with the submitted development
plans, dated August 18, 2003, except as modified herein.
2. Building permits must be obtained for all remodeling work, all demolition and any new
construction.
3. Construction and demolition work shall be limited to between 7:00 a.m. and 6:00 p.m.
4. Noise shall not exceed the limits of the City's Noise Ordinance. During any construction and/or
demolition, noise will be controlled by limiting work on the site to 7:00 a.m. through 6:00 p.m.
5. Disposal of Construction Waste: 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 or 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)
6. The building construction plans shall include a blue line sheet(s) showing each page of this
Resolution, including all conditions of approval contained herein.
7. The conditions of approval contained in this Resolution may be enforced by the Sheriffs Office
as well as City staff. Any violation of any condition is a misdemeanor and may be processed
directly by criminal complaint.
8. This Resolution shall not become valid until all responsible parties have signed and agreed to
the aforementioned conditions of this Resolution.
PASSED, APPROVED AND ADOPTED on this 4th day of November, 2003.
ATTEST:
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City Clerk
I hereby certify that the foregoing resolution, Resolution No. 03 -4220, was adopted by the City Council of
the City of Temple City at a regular meeting held on the 4th day of November, 2003 by the following vote:
AYES: Councilmember - Arrighi, Capra, Wong, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -Zovak
ABSTAIN: Councilmember -None
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City Clerk
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