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HomeMy Public PortalAboutResolution 05-43401 1 RESOLUTION NO. 054340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE PLANNING COMMISSION'S ACTION AND APPROVING A ZONE VARIANCE AND CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A DANCE STUDIO AND THE CONSTRUCTION OF NEW BUILDING SQUARE FOOTAGE WHICH MAY BE USED AS A SEPARATE COMMERCIAL UNIT AT 9160 LAS TUNAS DRIVE; A 1,230 SQUARE FOOT PORTION OF THE EXISTING BUILDING WILL BE DEMOLISHED AND A COMPARABLE AMOUNT OF NEW BUILDING SQUARE FOOTAGE WILL BE CONSTRUCTED ALONG THE EAST ELEVATION OF THE EXISTING BUILDING, ADJACENT TO LAS TUNAS DRIVE; THE APPROVED VARIANCE WOULD BE TO ALLOW THE IMPROVEMENTS WITH 9 PARKING SPACES INSTEAD OF THE REQUIRED 11 PARKING SPACES. THE SUBJECT PROPERTY IS LOCATED IN THE GATEWAY COMMERCIAL (GC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN AREA (LI'S BALLET STUDIO /ZHANG/WANG AND ASSOCIATES) SUBJECT HOWEVER TO A 90 DAY DELAY. 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 of April 12, 2005; and based upon testimony received at a noticed public hearing before the City Council on May 17, 2005, the City Council hereby upholds the Planning Commission action as set forth in Planning Commission Resolution 05- 2136PC, except for conditions number 1 and 9 relative to the access driveway. below: SECTION 2. The conditions of the Planning Commission Resolution are modified as described a) Condition number 1 of Planning Commission Resolution 05- 2136PC shall be modified to. read "the proposed development shall be in substantial compliance with the submitted plans dated February 4, 2005, except as modified herein relative to the existing driveway approach." b) Condition number 9 shall be modified to read as follows "the applicant and /or property owner of 9160 Las Tunas Drive shall pay for the realignment of the existing driveway apron along Las Tunas Drive. The realigned driveway apron shall e designed to the satisfaction of the City Maintenance Superintendent, Community Development Director, and the Los Angeles County Department of Public Works. c) In addition to realigning the access driveway from Las Tunas Drive to 9168 -70 Las Tunas Drive, the existing planter shall be modified so as to provide adequate vehicular access to 9168 -70 Las Tunas Drive. Said public improvements shall be completed in conformance with an agreement which shall be entered into between the property owner of 9160 and 9168 -70 Las Tunas Drive. Said agreement between the property owners shall be in substantial compliance with the points of agreements and the work proposal submitted by Cardona Paving and presented for consideration to the City Council at their meeting of June 21, 2005. Furthermore, all work within the public right -of -way to realign the access driveway to the east so as to provide direct access for 9168 -70 Las Tunas Drive and the planter box alteration shall be completed within 90 days of this approval date in which case shall at that time become effective. If all public improvements associated with the realignment of the driveway and the planter box are not complete by September 19, 2005, this Conditional Use Permit and this Resolution shall have failed and will be null and void. Resolution No. 05 -4340 Page 2 e) All other conditions as set forth in Planning Commission Resolution 05- 2136PC shall be in full force and effect if this resolution is in effect. SECTION 3. Accordingly, Zone Variance 05 -1606 and Conditional Use Permit 04 -1586 are hereby approved as described in the Planning Commission Resolution, except as modified herein PASSED, APPROVED AND ADOPTED on this 21st day of June, 2005. MAYOR ATTEST: 1'11 9 btJ < .; City Clerk I hereby certify that the foregoing resolution, Resolution No. 05 -4340, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 21st day of June, 2005 by the following vote: AYES: Councilmember- Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None READ, APPROVED AND CONDITIONS ACCEPTED: i7‘ City Clerk 7- 1' _ vS- Li Zhang, Property Owner /Business Owner Date Dennis Iwasaka, Appellant Date Sunny Lau, Appellant Date i 1