HomeMy WebLinkAboutResolution No. 96-C539 0
RESOLUTION NO. 96-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA REOPENING THE PUBLIC NUISANCE APPEAL
HEARING AND AMENDING THE DECLARATION OF PUBLIC
NUISANCE ISSUED BY THE AZUSA CITY COUNCIL ON
AUGUST 2, 1993 AS RESOLUTION NO. 93-C102
ORDERING THE ABATEMENT OF TWO (2) ILLEGAL
HOUSING UNITS AT 813 W. GLADSTONE STREET
(ASSESSOR NO. 8614-027-041), AND GRANTING AN
APPEAL TO MR. JOSE RODRIGUEZ FOR AN EIGHT (8)
YEAR EXTENSION TO ALLOW CONTINUED USE OF A
LEGALLY EXISTING NONCONFORMING RESIDENTIAL
DWELLING PURSUANT TO SECTION 14-418 OF THE
AZUSA MUNICIPAL CODE (CASE NOS. 92 -2046 -AC AND
95 -C -960-M)
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 18, 1996, the owner of the property at 813
W. Gladstone Street, Mr. Jose Rodriguez, 445 S. Vernon
Avenue, Azusa, California, 91702, and his Attorney, Mr.
Ralph Almeida, 8811 E. Las Tunas Drive, San Gabriel,
California, 91776, appeared before the Azusa City Council
and submitted photocopies of building permits for
construction of a storage room (Permit #506913, dated
July 5, 1954) and carport (Permit #4882B, dated October
6, 1953), which indicated an existing one (1) family
residential use on the property at the time the permits
were issued. Based on the residential use being indicated
on the permits, Mr. Rodriguez requested that the City
Council reconsider the Declaration of Public Nuisance and
Order to Abate a Public Nuisance dated August 2, 1992 as
Resolution No. 93-C102. Based on Mr. Rodriguez's
request, city staff was directed to review the evidence
submitted by Mr. Rodriguez and report back to the City
Council on April 1, 1996.
B. On April 1, 1996, the Azusa City Council reviewed
the report and heard testimony from the Community
Development Director, Mr. Roy E. Bruckner, indicating
that the City of Azusa had no records of a legally
established residential use ever existing on the
property, and referencing an aerial photograph taken in
1967. Testimony was also received from Mr. Ralph Almeida,
Esq., who testified that the mere absence of any permits
was not evidence of the residential use of the property
not being legally permitted as an existing legal
nonconforming residential use on a commercially zoned
property. Mr. Almeida, further testified that Los
Angeles County Assessor Records were not the best
evidence of permitted uses and was hearsay evidence. Mr.
Almeida then read a letter from Mr. Ray Fraijo of Azusa
in which he claimed to have first hand knowledge of a
residential use of the property in 1947.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the hearing held on
April 1, 1996, the City Council specifically finds
that:
A. The City Council Declaration of a Public Nuisance
and Order to Abate adopted on August 2, 1992 as
Resolution No. 93-C102 is hereby amended as follows:
1. The property at 813 W. Gladstone Street has one
(1) legally existing nonconforming residential use
thereon which has existed since 1947.
SECTION 3. Based upon the findings set forth in
Sections 1 and 2 of this resolution, the City Council of
the City of Azusa does hereby grant, in part, the appeal
of Mr.Jose Rodriguez and finds that the Subject Property
is a public nuisance pursuant to Section 14-412 of the
Azusa Municipal Code. The City Council declares as
follows:
A. One of the residential units is declared a legal
nonconforming use, which may remain on the property for
a period of 8 years from the date of this resolution,
after which the residential use must terminate, and the
structure reconverted to commercial use.
1. Mr. Rodriguez must comply with Building and
Planning requirements to remove immediate health and
safety hazards after inspection.
2. Should the Subject Property be sold prior to
the expiration of the 8 year time period, Mr. Rodriguez
shall disclose to any potential buyer, prior to close of
escrow, that the property is commercial, with residential
use that must be eliminated under an approved building
permit by the year 2004.
B. The second residential unit existing on the property
continues to be an illegal nonconforming use which must
be abated within 6 months of the adoption of this
resolution.
1. Mr. Rodriguez shall immediately obtain building
permits to reconvert the second unit to commercial use,
removing the kitchen and illegal construction.
2. All removal and demolition work shall be
completed within 6 months of adoption of this resolution.
SECTION 4. The City Clerk shall send a certified copy
of this Resolution to the appellant at the address shown in the
Notice of Appeal, or as set forth in the testimony or evidence at
the hearing thereon. Such mailing shall constitute notice to each
said party in accordance with Code of Civil Procedure Section
1094.6 and Azusa Municipal Code Section 14-420 and 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 5. The City Clerk shall certify the adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of April
19 96.
IM.
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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 15thday of April 19—qfi_, by
the following vote of the Council:
AYES: COUNCILMEMBERS Madrid,Naranjo,Alexander
NOES: COUNCILMEMBERS Hardison,Beebe
ABSENT: COUN