HomeMy WebLinkAboutResolution No. 8147low
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RESOLUTION NO. 8147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA GRANTING A CONDITIONAL USE PERMIT TO
FREDERICK H. PETERSEN AND JOAN PETERSEN FOR
EXPANSION OF NONCONFORMING USES ON PROPERTY
LOCATED AT 324-350 WEST FOOTHILL BOULEVARD,
AZUSA, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. There has been filed with the Planning
Commission of the City of Azusa the application of
Frederick H. and Joan Petersen requesting a
Conditional Use Permit to expand a nonconforming
automobile sales use on the subject property
pursuant to the requirements of Section 19.40.050
of the Azusa Municipal Code.
B. The subject property is generally located at
324-350 West Foothill Boulevard and is specifically
described as Lots 3, 4, 5, and 6 in Block 39 of
Azusa, in the City of Azusa, County of Los Angeles,
State of California, as per map recorded in
Book 15, page 93, et seq., of Miscellaneous
Records, in the Office of the County Recorder of
Los Angeles County.
C. Public hearings thereon were duly held by the
Planning Commission of the City of Azusa on
September 3, 1986, and by the City Council of the
City of Azusa on November 3 and November 17, 1986.
D. The application for the Conditional Use Permit
was duly initiated and notice of public hearings
thereon were duly given and published in accordance
with applicable law.
E. On September 3, 1986, the Planning Commission
of the City of Azusa by Resolution No. 2364 voted
to deny the Conditional Use Permit for the subject
property.
F. Thereafter, the property owners duly filed a
Notice of Appeal with the City Clerk within the
time required by law for such appeal.
G. The City Council has considered all of the
information presented to it at the public hearings
held on November 3, 1986, and November 17, 1986,
and specifically finds as follows:
1. The public necessity, convenience, and
general welfare and good zoning practice
require that the proposed Conditional Use
Permit be granted for the reasons set forth in
this Resolution.
2. The subject property is zoned CBD
(Central Business District) and is developed
with a used automobile sales business in the
vacant residential building.
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3. Property owners have recently expanded
the automobile sales business onto adjacent
properties which were previously vacant or
utilized for other purposes.
4. The existing automobile sales business
had been established prior to the
establishment of the CBD zone in 1972.
5. As automobile sales uses are prohibited
in the CBD zone (Section 19.27.030(2) of the
Azusa Municipal Code), the business became a
nonconforming use. Consequently, in order to
legalize the expansion of the existing
business onto the adjacent property, a
Conditional Use Permit is required for the
expansion of this nonconforming use
(Section 19.40.050 of the Azusa Municipal
Code).
6. The subject properties described above
are a Public Nuisance as defined in Section
1.12.020 Azusa Municipal Code, and Section
15.08.010(F & M) Azusa Municipal Code, due to
fully amortized nonconforming residential uses
and structures in the Central Business
District "CBD" Zone.
7. The residential uses and structures
became nonconforming on January 2, 1964, said
date being the effective date of Azusa City
Ordinance No. 773, which eliminated
residential uses and structures from the "C2"
Restricted Commercial and "C3" General
Commercial Zones.
8. The properties were zoned "C3" General
Commercial Zone on March 21, 1939, said date
being the effective date of Azusa City
Ordinance No. 342, and rezoned "CBD" Central
Business District on January 6, 1983, the
effective date of Azusa City Ordinance
No. 2154.
9. The residential structures were
constructed circa 1916, based on information
from the Los Angeles County Tax Assessor
Rolls, and are of light wood frame
construction.
10. The amortization period for the
residential uses and structures was twenty
(20) years from January 2, 1964, based on
Section 19.40.050 Azusa Municipal Code and
that said residential uses and structures were
fully amortized on January 2, 1984.
11. The City of Azusa is required to enforce
and implement the land use element of the
City's General Plan and all zoning laws.
12. The property owners will have had a
sufficient period of time prior to termination
of this use, as set forth in Section 2, within
which to obtain the full economic benefit of
their property.
13. In taking this action, the City Council
considered the effects of the decision on the
housing needs of the region in which the City
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is located and balanced those needs against
the public service needs of the City residents
and available fiscal and environmental
resources.
14. This Conditional Use Permit is consistent
with the City's General Plan and each element
thereof.
SECTION 2. The City Council of the City of Azusa,
after careful consideration of the evidence presented to it,
does hereby approve said Conditional Use Permit No. C-415 to
permit automobile sales on the subject property to the
extent permitted by and in accordance with the following
conditions of approval:
A. Property Owners shall terminate the
nonconforming residential uses on the properties on
or before November 17, 1991, and will convert the
residential structures to permitted commercial
structures with all required City approvals on or
before November 17, 1992, or demolish.
B. Property Owners shall maintain the properties
and structures in good order and repair.
C. Property Owners shall demolish all buildings
located on Lot No. 4, and known as 330-336 West
Foothill Boulevard within ninety (90) days of
adoption of this Resolution. Said demolition shall
be done under permit issued by the City of Azusa
Building Department.
D. Property Owners shall pay the City of Azusa
One Hundred Eighty Dollars and no/100 ($180.00) for
the planting of four street trees within ninety
(90) days of adoption of this Resolution.
E. Property Owners shall submit for Design Review
and make all required building improvements on the
office structure utilized by the used auto sales
business on Lot No. 5 and known as 338 W. Foothill
Boulevard within ninety (90) days of adoption of
this agreement by resolution, and complete all
required building improvements within'six (6)
months of adoption. The stated "required
improvements" are defined as cosmetic and facade
type improvements.
F. Property Owners shall provide landscaping as
required in conjunction with Design Review of the
used auto sale business. Said requirement shall be
in accordance with current landscape requirements
as stated in Chapter 19.48.060(1) of the Azusa
Municipal Zoning Code.
G. Property Owners shall pave in all parkway
areas on Foothill Boulevard in front of Lots 3, 4,
5, and 6 as required by the Public Works Department
within six (6) months of adoption of this
Resolution.
H. Property Owners shall
masonry block wall across
and 6 upon termination of
Lots 3, 5 and 6.
construct a decorative
the rear of Lots 3, 4, 5,
the residential uses on
I. Property Owners shall use only Lots 4, 5, and
6 for used auto sales and not beyond the 20 -year
amortization period created by Azusa City Ordinance
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No. 2154 adopted on January 6, 1983. Rear of Lot 3
to be used for vehicle storage only after
application and approval of Conditional Use Permit
for said use.
J. All necessary permits shall be obtained.
K. Any and all applicable Building Department and
Fire Department requirements shall be met at all
times.
L. An approved Precise Plan of Design shall be
obtained for all businesses on the subject
property.
M. Adequate parking shall be provided for all
businesses in conformance with Chapter 19.48 of the
Azusa Municipal Code including, but not limited to,
number and size of spaces, driveway and aisle
widths and landscaping.
N. All signs shall be in conformance with Chapter
19.50 of the Azusa Municipal Code. All temporary
signs, banners, bunting and other nonconforming
signs shall be removed within thirty (30) days of
approval of subject conditional use permit.
O. All lighting shall be aimed or shielded so as
not to illuminate adjacent parcels or streets.
P. All vacant areas not utilized for parking,
display areas or structures shall be landscaped to
the satisfaction of the Parks Division. An adquate
landscaping plan shall be submitted to the Parks
Division within thirty (30) days of approval of
subject conditional use permit.
Q. Bus currently parked on subject property shall
be removed within thirty (30) days of approval of
subject conditional use permit.
THE CITY COUNCIL HEREBY FINDS that this project is
Categorically Exempt under the California Environmental
Quality Act as a Class 1(e) categorical exemption under the
State CEQA Guidelines.
SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of
December , 1986.
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I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa, at a
regular meeting thereof, held on the 1st day of
December , 1986, by the following vote of the Council:
AYES: COUNCIL MEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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CITY CLERK-
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