HomeMy Public PortalAboutResolution 04-42781
1
1
RESOLUTION NO. 04 -4278
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY REVERSING THE DECISION OF THE PLANNING COMMISSION
AND APPROVING ZONE VARIANCE 04 -1561 FOR IMPROVEMENTS
TO BE MADE TO A LEGAL NON - CONFORMING RESIDENCE IN A
GENERAL COMMERCIAL (C -2) ZONE. THE PROPOSAL INCLUDES A
NEW ROOF, NEW PAINT, REPLACEMENT PLUMBING FIXTURES
AND ELECTRICAL OUTLETS, DRYWALL REPAIR AS WELL AS A
NEW DRIVEWAY AND LANDSCAPING, ETC. THE SUBJECT
PROPERTY IS ADDRESSED AT 10217 LOWER AZUSA ROAD.
(TAI /LIN) (ZV 04 -1561)
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 testimony received at a noticed pubic hearing before the Planning Commission
on June 8, 2004, and testimony received at a noticed public hearing before the City Council on July 6,
2004, the City Council approves the Zone Variance based upon the findings and subject to the conditions
contained herein.
SECTION 2. This project is Categorically Exempt from CEQA.
SECTION 3. Zone Variance 04 -1561 is hereby approved, based upon the following findings:
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 parcel contains 6,175 square feet of land area,
which is insufficient for commercial development purposes and the parcel is abutted to the north
by two other similar substandard -sized tiered lots, which are also improved with legal non-
conforming dwellings; 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 other similarly zoned lots in the immediate area are currently used for residential
purposes; 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 subject parcel has been improved and
utilized for residential purposes for an extended period of time and the refurbishment of the
existing house will, in fact resolve a long standing property nuisance case by correcting
numerous code and property maintenance violations; and
4. That there are-special circumstances as provided in Section 65906 of the California Government
Code in that the subject lot is substandard in size and is abutted by other similarly sized lots,
which are currently, used for residential purposes.
SECTION 4. Accordingly, Zone Variance 04 -1561 is approved, subject to the following
conditions:
Resolution No. 04 -4278
Page 2
1. Permits shall be obtained for any new construction or improvements on the property. The
exterior of the building shall be improved so as to be in substantial compliance with submitted
colored elevations.
2. The existing dwelling shall be refurbished so that all interior and exterior deficiencies and
property maintenance issues are fully resolved to the satisfaction of the City's Public Services
and Community Development Departments.
3. Public improvements such as driveway aprons, sidewalks and replacement curb and gutter
and street trees shall be made to the satisfaction of the Public Services Department.
4. The front, side and rear yard areas shall be landscaped with sod or decorative plantings,
subject to the approval of the City of Temple City; all unnecessary hardscape shall be
removed. In the front yard area between the existing dwelling and the street, no wall or fence
shall be erected in excess of 36 inches in height. Additionally, no vehicles shall be parked in
the front yard, between the dwelling and the street at any time whatsoever; any violation of
this condition shall be grounds for revocation of the variance.
5. The subject dwelling shall not be occupied until a Certificate of Occupancy is issued by the
City of Temple City.
6. This Resolution shall not become valid until all responsible parties have signed and agreed to
the aforementioned conditions of this Resolution.
SECTION 5. 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 this 6th day of July, 2004.
ATTEST:
City Clerk 1
I hereby certify that the foregoing resolution, Resolution No. 04 -4278, was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 6th day of July,
2004 by the following vote:
AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
1
1
1
1
1
1
Resolution No. 04 -4278
Page 3
READ, UNDERSTOOD AND CONDITIONS ACCEPTED:
Daniel Tai, Applic t Date
Chin Feng Lin, flroperty Owner
Date