HomeMy WebLinkAboutE-9 - Staff Report - Time of Extension - EXT-2019-03 - 633 N. San Gabriel Ave.CONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: DECEMBER 2, 2019
SUBJECT: REQUEST FOR TIME OF EXTENSION OF AMORTIZATION OF A NON-
CONFORMING USE FOR EXPRESS TIME & AUTO SERVICE LOCATED AT 633
N. SAN GABRIEL AVENUE
BACKGROUND:
Uses, structures and site improvements can become non-conforming when the Development Code is
replaced or amended. In January 1983, the City amended the Development Code by changing the
zoning of numerous properties in the downtown area from General Commercial (C-3) to Central
Business District (CBD) and later in 2015 to Downtown Expansion District. The change to CBD and
Downtown Expansion District did not allow auto repair services. As a result, all of the uses that become
non-conforming in the CBD, and later Downtown Expansion District, were given an amortization of
twenty (20) years to cease operation at their existing location. The initial 20 year period of time ended
January 2003.
On August 15, 2005, City Council retroactively approved an extension of amortized use for ten (10)
years until January 2013.
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. An additional three (3) year extension would extended the use until January 2023.
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.
This is the last non-conforming automotive use in the downtown area. The City’s downtown area
originally had a total of three (3) non-conforming automotive uses located at 619 N. San Gabriel Avenue
(Max’s Repair Shop) and 204 E. Foothill Boulevard (Freeman’s Towing Services & Garage).
APPROVED
CITY COUNCIL
12/2/2019
Time of Extension (EXT-2019-03) for Express Time & Auto Service – 633 N. San Gabriel Avenue
December 2, 2019
Page 2
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Adopt Resolution No. 2019-C62 to approve a Time of Extension of amortization of a non-
conforming use for Express Time & Auto Service until January 2023 located at 633 N. San
Gabriel Avenue.
ANALYSIS:
The proposed time of extension for Express Time & Auto Service will not be detrimental to the well-
being of the community and downtown area. The downtown area is undergoing a redevelopment with
two large mix use projects. Both projects are expected to complete construction by the time the time of
extension expires.
FISCAL IMPACT:
There is no fiscal impact associated with approving the attached resolution.
Prepared by: Reviewed by:
Manuel Muñoz Matt Marquez
Planning Manager Director of Economic and Community Development
Fiscal Impact Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) Resolution No. 2019-C62
RESOLUTION 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.
1.
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. CEQA 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
ATTACHMENT 1
Resolution No. 2019-C62 to Time of Extension (EXT-2019-03) for Express Time & Auto
Service – 633 N. San Gabriel Avenue
November 18, 2019
Page 2 of 2
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.
____________________________
Joseph R. Rocha
Mayor
ATTEST:
Jeffrey Lawrence Cornejo, Jr.
City Cler
APPROVED AS TO FORM:
Marco Martinez
City Attorney
Best Best & Krieger LLP
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 18th day of
November, 2019:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Jeffrey Lawrence Cornejo, Jr.
City Clerk