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HomeMy WebLinkAboutResolution No. 96-C22FOLLOWS: declare that: 0 RESOLUTION NO. 96—C22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF PROGRESSIVE BUDDHIST ASSOCIATION AND APPROVING AN ORDER FOR ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 1830 N. AZUSA AND SAN GABRIEL CANYON ROAD (ASSESSOR NO. 8684- 023-003) PURSUANT TO SECTION 14-418 OF THE AZUSA MUNICIPAL CODE (CASE NO. 95 -H -1122-C) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS SECTION 1. The City Council of the City of Azusa does hereby find, determine and A. On December 12, 1995, a duly noticed hearing was held to determine whether or not the property located at 1830 N. Azusa and San Gabriel Canyon Road (hereinafter "Subject Property") constitutes a public nuisance as defined in Section 14-412 of the Azusa Municipal Code. The Hearing Officer found the property to be a public nuisance because of failure to comply with parking improvements required under terms and conditions of Conditional Use Permit No. C-412 and Council Resolution 91-C64. The owner of the subject property, Progressive Buddhist Association, filed a timely appeal from the December 12, 1995 decision of the Hearing Officer. B. On January 16, 1996, a duly noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Section 14-418 of the Azusa Municipal Code on the appeal of Progressive Buddhist Association. Evidence was received from the City through its Community Development Director, Roy E. Bruckner, and from Mr. Tin Htoon, President, Progressive Buddhist Association, 1830 N. Azusa and San Gabriel Canyon Road. The staff report and files of the City Community Improvement Division, City Planning Department, and documents from the Appellant relating to the subject property were received into evidence. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on January 16, 1996, the City Council specifically finds that: A. The property owners have failed to comply with on-site parking improvements as required under terms and conditions of Conditional Use Permit No. C-412 and Council Resolution 91-C64. B. The condition set forth in subparagraph "A" is a violation of Section 14- 412 (6) of the Azusa Municipal Code. 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 deny the appeal of the Progressive Buddhist Association and finds that the Subject Property is a public nuisance pursuant to Section 14-412 (6) of the Azusa Municipal Code. Accordingly, the Progressive Buddhist Association as the owner of the Subject Property shall: A. By April 16, 1996, obtain a permit, if required for grading and drainage, and commence construction on April 17, 1996, on a 24 space paved parking lot on the Subject Property in accordance with the terms and conditions set forth in Conditional Use Permit No. C-412 and Council Resolution 94-C64. Page 1 of 2 0 0 CITY COUNCIL RESOLUTION NO. 96-C22 PAGE 2 OF 2 B. In the event of non-compliance with subparagraph "A" of this section, property owner has agreed that all rights granted to him under C-412 and Resolution 91-C64 shall cease and terminate without rights to further hearing or appeal. C. All repairs ordered pursuant to this Resolution shall be completed in accordance with all applicable building codes and shall be completed in a good and workmanlike manner as determined by the Community Development Director. D. Should the property owner fail to comply with the Order to Abate or its stated time frames, the City of Azusa may seek legal remedies to cause compliance, including but not limited to, criminal prosecution, civil actions or physical abatement. E. Any and all costs incurred by the City in this proceeding shall be charged to the property owner pursuant to Section 14-421 of the Azusa Municipal Code. 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 this20th day of Bebruaryl9 96 MAYOR ATTEST: CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a 20 Feb. 1996 , by the following vote of the Council: AYES: COUNCILMEMBERS HARDISON, MADRID, NARANJO, ALEXANDER NOES: COUNCILMEMBERS BEEBE (c:wordproAccresV1830.res) Page 2 of 2 January 25, 1996 Mr. Tin Htoon 0 Progressive Buddhist Association 1830 N. Azusa and San Gabriel Canyon Rd. Azusa, Ca. 91702 Dear Mr. Htoon: As you know, on January 16 the City Council declared your property a public nuisance for non- compliance with Resolution 91-C64 to construct a required parking lot. A 90 -day period was given, however, to allow time for your organization to make a decision to either stay and construct the parking lot, or move to another location. The City Council expressed concern that the granting of 90 days would simply be another delay, and asked whether you would give up your Conditional Use Permit if you did not comply at the end of the 90 day period. Following your statement that you will agree to such a condition, the City Council approved•a time extension until April 16, 1996. In order to memorialize your accord with the City Council, please sign this letter agreement below. By signing, you understand and agree to the following: Your existing Conditional Use Permit C-412 in combination with Council Resolution 91- C64, requires you to construct a parking lot for 24 cars. On January 16, 1996, the City Council approved a 90 -day period for compliance with this requirement to allow you time to determine whether your organization will stay, or move to another location. 2. You have represented, and hereby agree that by midnight on April 17, 1996, your organization will either: A. Have a permit (if necessary) issued for the construction of the parking lot, or B. Cease the use of the property for church and meditation purposes. 3. You have represented, and hereby agree that in the event the parking lot is not under construction by April 17, 1996, all rights granted to you under Conditional Use Permit C- 412 and Resolution 91-064 shall automatically cease and terminate without rights to further hearing or a al. • Agreed to by: Tin Htoon, Henry Garcia, Progressive Buddhist Association City Administrator, City of Azusa iebtrttaru 3o 1996 2 7 Date Date 0 213 East Foothill Blvd., P.O. Box 1395, Azusa, California 91702-1395 Please mail this original signed agreement back for our files. If you have any questions, please call me at (818) 812-5236. Cordially, Roy .Bruckner Director of Community Development C. Hep --y Garcia Dan Watrous Dave Rudisel