HomeMy WebLinkAboutResolution No. 8146RESOLUTION NO. 8146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
FREDERICK H. PETERSEN AND JOAN PETERSEN FOR
PROPERTY COMMONLY KNOWN AS 324-350 WEST
FOOTHILL BOULEVARD, AZUSA (CITY CASE NO. 86-
207)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On September 2, 1986, Capt. Phillip Russo,
Hearing Officer, issued a decision confirming the
findings of a nuisance at the subject property
generally located at 324-350 West Foothill
Boulevard, Azusa, California, and more particularly
described as Lots 3, 4, 5 and 6 of Block 39 of
Azusa, 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
(Assessor's Parcels Nos. 8616-5-3, 8616-5-4,
8616-5-5, and 8616-5-6);
B. A timely notice of appeal of the decision of
the hearing officer was filed by the property
owners, Frederick H. and Joan Petersen, within the
time required by law;
C. A hearing was held before the City Council of
the City of Azusa pursuant to the provisions of
Azusa Municipal Code Section 15.08.070 and
15.08.080 on Mr. and Mrs. Petersen's appeal, with
evidence having been received from the City through
its Code Enforcement Officer, David Rudisel, and
from Mr. Petersen and his attorney„ Mr. Diaz;
D. The City Council received into evidence the
staff report from Mr. Rudisel, as well as the files
on the subject property from the City Planning
Department and Building Department, and photographs
submitted by both Mr. Rudisel and Mr. Petersen;
E. Evidence having been received from the City
and Mr. Petersen and Mr. Diaz, and due
consideration having been given to the respective
positions of each side, the City Council
specifically finds that the subject property is a
nuisance within the meaning of Azusa Municipal Code
Section 15.08.010(F & M) based upon the following
findings:
1. 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.
2. The residential uses and structures
became nonconforming on January 2, 1964, said
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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.
3. 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.
4. 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.
5. 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.
6. The City of Azusa is required to enforce
and implement the land use element of the
City's General Plan and all zoning laws.
7. 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.
SECTION 2. Based upon the findings set forth in
Section 1 of this Resolution, the City Council of the City
of Azusa does hereby deny the appeal of Mr. and
Mrs. Petersen and specifically declares the public property
to be a nuisance pursuant to the provisions of
Sections 15.08.010(F & M) of the Azusa Municipal Code and
issues the following Order of Abatement:
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 W.
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
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Z,
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 construct a decorative
masonry block wall across the rear of Lots 3, 4, 5,
and 6 upon termination of the residential uses on
Lots 3, 5 and 6.
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
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. Should Property Owners fail to comply with the
conditions of this Resolution, the City of Azusa
may cause abatement as required. Said abatement
may include: Civil Action and/or Criminal
Prosecution and/or, Abatement by demolition and/or,
removal of an illegally parked or stored vehicle.
K. Should the City of Azusa be required to
enforce any provision of this Resolution, any
and all costs incurred by the City of..Azusa
shall be charged to the property owner(s)
pursuant to Section 15.08.100 et al., Azusa
Municipal Code.
SECTION 3. The City Clerk shall send a
certified copy of this Resolution to Mr. and Mrs.
Petersen, by prepaid first class United States mail, at
the address as shown in the public nuisance appeal
filed by Mr. and Mrs. Petersen, or as set forth in the
public hearing thereon, as well as a certified copy to
the Petersen's attorney, Richard Diaz, Esq., at the
address set forth in the public hearing. Such mailings
shall constitute notice to Mr. and Mrs. Petersen and to
their attorney in accordance with Code of Civil
Procedure Section 1094.6 and Azusa Municipal Code
Section 15.08.100 that any action to review this
decision of the City Council shall be commenced not
later than the ninetieth (90th) day following the
adoption of this Resolution.
SECTION 4. That certain agreement entitled
"Agreement Regarding Abatement of Public Nuisance" by
and between Frederick H. Petersen and Joan Petersen and
the City of Azusa dated as of October 31, 1986, is
hereby approved and ratified and the City
Administrator/Public Nuisance Hearing Officer, Lloyd J.
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Y
Wood, is hereby authorized to execute said agreement on
behalf of the City in substantially the form as is
attached hereto as Exhibit "A."
SECTION S. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of
December , 1986.
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
CITY CLERK
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