HomeMy WebLinkAboutResolution No. 84200 0
RESOLUTION NO. g420
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA REVOKING CONDITIONAL USE
PERMIT NO. C-269
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 March 3, 1982, the Planning Commission
of the City of Azusa issued Conditional Use Permit
No. C-269 to Daniel Kovaler for property located at
902 North Azusa Avenue to operate an automobile
service station. As a condition of approval of the
Conditional Use Permit, landscaping planters were
required to be installed and maintained on the
subject property.
B. On November 2, 1987, a duly noticed
Public Nuisance Hearing was held to determine
whether a Public Nuisance existed on the subject
property due to Mr. Kovaler's failure to comply
with the landscaping requirements. As part of the
Order to Abate, the Hearing Officer recommended
that revocation proceedings be commenced on
Conditional Use Permit No. C-269.
C. On March 23, 1988, the Planning
Commission held a duly noticed public hearing to
consider the revocation of Conditional Use Permit
Case No. C-269. By Resolution No. 2547, the
Planning Commission recommended to the City Council
that the Conditional Use Permit be revoked pursuant
to Section 19.60.150 of the Azusa Municipal Code,
as the failure to provide and maintain the
appropriate landscaping on the subject property has
been declared to be a public nuisance.
D. Mr. Kovaler and Triad Developers, Inc.,
real estate developers, entered into escrow for the
sale of the subject property, and the sale of the
property was subsequently finalized. Mr. Kovaler
abandoned use of the property and the gas station
has been demolished.
E. On May 2, 1988, the City Council held a
duly noticed public hearing on revocation of the
Conditional Use Permit. The City Council has heard
all of the information presented to it at the
hearing and specifically finds that:
(1) The use for which the permit was
granted is a public nuisance due to Mr.
Kovaler's failure to provide and maintain the
appropriate landscaping on the subject
property as part of the conditions of approval
of Conditional Use Permit No. C-269.
(2) The public necessity, convenience,
and general welfare, and good zoning practice
require that the Conditional Use Permit be
revoked when the applicant has failed to
comply with all the conditions of approval.
(3) The use for which the Conditional
Use Permit was granted is no longer being
exercised as the Automobile Service Station on
the property has been demolished.
SECTION 2. Based upon the findings set forth in
Section 1 of this Resolution, the City Council of the City
of Azusa, pursuant to the authority of Section 19.60.150 of
the Azusa Municipal Code, does hereby revoke Conditional Use
Permit No. C-269 issued to Daniel Kovaler.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to Daniel Kovaler by prepaid, first
class, United States Mail at the address shown in the public
records pertaining to the Conditional Use Permit, or the
most recent address known for such person. Such mailing
shall constitute notice to said person in accordance with
Code of Civil Procedure Section 1094.6 that any action to
review this decision of the City Council shall be commenced
not later than the 90th day following adoption of this
Resolution.
SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of
May , 1988.
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 16th day of
May 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
AVILA, STEMRICH, LATTA, MOSES
NONE
NONE
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