HomeMy WebLinkAboutResolution No. 2019-C62RESOLUTION NO. 2019-C62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
AUTHORIZING A TIME OF EXTENSION OF AMORTIZATION OF A
NON -CONFORMING USE FOR EXPRESS TIME & AUTO SERVICE
LOCATED AT 633 N. SAN GABRIEL AVENUE UNTIL JANUARY 2023.
WHEREAS, in January 1986, the City initially amended the Development Code, which
prohibited auto repair services in the downtown area. The use became non -conforming and
given an amortization of twenty (20) years to cease operation. The initial twenty (20) year
period ended January 2003.
WHEREAS, On August 15, 2005, City Council retroactively approved an extension of
amortized use for ten (10) years until January 2013.
WHEREAS, On November 5, 2012, City Council approved a Zoning Code Amendment
(ZCA-234) to allow a seven (7) year extension of the amortization period with an additional
three (3) year extension. The Zoning Code Amendment extended the amortized use extended the
use for another seven (7) years until January 2020.
WHEREAS, On September 24, 2019, the business owner of Express Time & Auto
Service submitted a Time of Extension application for one more three (3) year extension until
January 2023. This would be the last and final extension of amortization period. The business
would have to cease all operations by January 2023.
WHEREAS, the City Council has reviewed all written evidence and oral testimony
presented to date.
NOW, THEREFORE, CITY COUNCIL FOR THE, CITY OF AZUSA, DOES
HEREBY RESOLVE AND FIND AS FOLLOWS:
Section 1. Recitals. The recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. CEOA Compliance. The Time of Extension through this Resolution does
not commit the City Council to any action that may have a significant effect on the environment.
As a result, such action does not constitute a project subject to the requirements of the California
Environmental Quality Act.
Section 3. The City Council of the City of Azusa is hereby authorized to extend the
non -conforming use of an automotive use located at 633 N. San Gabriel Avenue until January
2023. This would be the last and final time of extension.
Section 4. Severability. If any provision of this Resolution or the application of any
such provision to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are severable. The City
Council would have adopted this Resolution irrespective of the invalidity of any particular
portion of this Resolution.
Section 5. Certification. The Secretary shall certify to the adoption of this
resolution.
PASSED, APPROVED and ADOPTED this 2"a day of December 2019.
0
Josep ome o Rocha
Mayor
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2019-C62 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof on the 2°a day of
December, 2019:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
Best Bei& Krieger IV
P
City Attorney