HomeMy WebLinkAboutA-5 Appeal of Planning Ten Year Extension at location 330/336, 338& 350 Foothill Blvd. and 638, 640 & 644 Sunset Ave OF„glN
COMMUNM DEVELOPMENT DEPARTMENT
REPORT TO THE PLANNING COMMISSION
AGENDA ITEM
DATE: JANUARY 15, 2003
CASE NO(s): P-2002-163
10
APPLICANT: James 8.Joanne Dusserre CIO*
LOCATION: 330/336, 338 & 350 W. FOOTHILL BOULEVARD AND 638, 640, 642 8. 644
SUNSET AVENUE.
APN: 8616-005-003,004,005
REQUEST: An appeal of the decision of the Zoning Administrator to deny a request for:
1) A ten-year extension of the amortization period of time allowing a
nonconforming used-car lot to continue operation at 330/336, 338 8.350 W.
Foothill Boulevard, and
2) A ten-year extension of the amortization period of time allowing a
nonconforming residential use at 638, 640, 642 8.644 Sunset Avenue.
ADJACENT LAND USES AND ZONING:
LAND USE: ZONING:
C2 (Restricted
SITE: Used-car Lot 8.Four Residential Units Commercial)
NORTH: Foothill Village Residential Development R3 (Multi-Family
Residential
SOUTH: Single Family Residential Homes R2 (Single Family
Residential
EAST: Commercial Batting Cage C2 (Restricted
Commercial )
WEST: DMS Commercial C2 (Restricted
Commercial )
GENERAL PLAN DESIGNATION: CBD (Central Business District)
REDEVELOPMENT PROJECT AREA: YES: X_ NO: _
ENVIRONMENTAL DETERMINATION:
X categorical exemption (No. 15321.2)
Negative declaration
environmental Impact report
Planning Commission Meeting
P-2002-163
January 15, 2003
Page 2of5
RECOMMENDATION
It is recommended that the Planning Commission uphold the decision of the Zoning
Administrator denying the application for a ten (10) year extension of the amortization
period of time which would allow the used car lot, located at 330/336, 338 and 350
Foothill Boulevard, and the four residential housing units, located at 638, 640, 642, 644
Sunset Avenue to continue until January 6, 2013.
BACKGROUND
The subject properties are currently developed with a commercial used-car lot fronting
Foothill Boulevard and four detached residential units fronting Sunset Avenue.
In 1939, the subject properties were zoned C3, which allowed both residential and
commercial used-car lot uses.
On January 2, 1964, residential uses were eliminated from the list of approved uses in
the C-3 zone, making the existing residential units on the subject property
nonconforming. A twenty-year amortization period for the residential units became
effective at that time, with an expiration date of January 2, 1984.
On January 6, 1983, the subject properties were rezoned to CBD — Central Business
District. Residential units and commercial car lots are prohibited in a CBD zone, making
the commercial used-car lot use on the subject property nonconforming also. A twenty-
year amortization period for the used-car lot became effective at that time, with an
expiration date of January 6, 2003.
In September 1986, in response to a Code Enforcement citation, the property owner
applied for a Conditional Use Permit (CUP) to legalize the expansion of the
nonconforming used-car lot use. The Planning Commission denied the application.
On October 31 , 1986, the property owner and the City of Azusa entered into an
"Agreement Regarding Abatement of A Public Nuisance" in which the property owner
agreed to:
1 . Terminate the residential use on the subject properties by November 17, 1991 and
convert them to commercial uses or demolish them by November 17, 1992;
2. Demolish all buildings on Lot 4 (330/336 W. Foothill Boulevard) by January 31 ,
1987;
3. Use only Lots 4, 5, & 6 (330/336, 338 and 350 W. Foothill Boulevard) for used
auto sales and not beyond the twenty-year amortization period ending January 6,
2003 and apply for a Conditional Use Permit (CUP) for the illegal expansion of the
nonconforming used car lot.
Planning Commission Meeting
P-2002-163
January 15, 2003
Page 3 of 5
On December 1 , 1986, the City of Azusa City Council approved Resolution No. 8147
granting a Conditional Use Permit (CUP #C-415) to legalize the expansion of the
nonconforming used car lot. The Resolution incorporated the requirements of the
aforementioned "Agreement Regarding Abatement of Public Nuisance". The twenty-year
amortization periods and expiration dates were reaffirmed in the Resolution.
On December 2, 1991 , the City Council approved Resolution No. 91-C177, to amend
CUP # C-415, extending the amortization period of time for the residential uses on the
subject properties for an additional five years. This allowed the residential uses to remain
until November 17, 1996 and required the residential structures to be converted to
permitted commercial uses or to be demolished by November 17, 1997.
On July 7, 1992, the City Council approved the Resolution No. 92737, changing the
zoning of the subject properties from CBD to C2 (Restricted Commercial), however this
still did not allow a used-car lot use or a residential use at the subject property location.
On November 4, 1996, Ordinance No. 96-011 amended the Zoning Code regarding
nonconforming residential uses (those residential uses which are deemed nonconforming
due to their location in a zoning district which does not permit residential uses) by
removing the previously required amortization period of time.
Pursuant to Section 88-1885(x), the operator of a nonconforming use that has reached
the end of its required amortization period of time is allowed to apply to the Zoning
Administrator for an extension of the amortization period of time. The Zoning
Administrator has the authority to grant time extensions of up to ten (10)years, providing
that findings can be made that such extensions will not be detrimental to public health,
safety, welfare or future planning and development of the area.
On August 15, 2002 the owner of the subject properties applied for another extension
of the amortization period of time for both the existing residential units and the
commercial used-car lot use. The applicants are requesting that the amortization period
for both the residential use (required to be converted to permitted commercial uses or to
be demolished by November 17, 1997) and commercial use (required to terminate
January 6, 2003) be extended for an additional ten (10) years, until January 6, 2013.
On November 6, 2002, the Zoning Administrator of the City of Azusa, based on staff's
recommendation, denied the request that the amortization period of time for both the
existing residential units and the commercial used-car lot use be extended for an
additional 10 years.
Pursuant to Section 88-170 - Appeals: All actions and decisions of the Community
Development Director and the Zoning Administrator authorized by the zoning ordinance
may be appealed to the Planning Commission.
Planning Commission Meeting
P-2002-163
January 15, 2003
Page 4 of 5
On November 6, 2002, the property owner filed an application to appeal the decision of
the Zoning Administrator to the Planning Commission.
DISCUSSION
According to the signed "Agreement Regarding Abatement of Public Nuisance",
Resolution No. 8147, and Resolution No. 91-C 177, the extended amortization period of
time for the existing nonconforming residential structures and residential uses on the
subject properties ended on November 17, 1997. Per discussions with the City Attorney,
the residential use of the subject property cannot be extended and is not within the
purview of the Planning Commission to review. Under the current Zoning Ordinance,
there is no amortization period for residential uses. Therefore, there can be no
amortization period of time granted or extended for the residential use on the subject
properties. The signed agreement and subsequent Conditional Use Permit are the
limiting documents for this issue and clearly delineate the expected expiration date and
demolition date for the residential structures. Based on documentation, the amortization
period for the residential uses has been a total of 38 years. This is a sufficient period of
time for the property owner to have obtained the full economic benefit of the residential
property and to arrange for the future permitted development of the property.
Regarding the request for an extension of the amortization period of time for the existing
nonconforming used-car lot use, pursuant to the "Agreement Regarding Abatement of
Public Nuisance" and Resolution No. 8147, the commercial used car lot use at this
location became nonconforming on January 6, 1983, with a twenty-year amortization
period expiration date of January 6, 2003.
The applicant is requesting an additional ten (10) year extension of the amortization
period of time for the commercial used car lot use. The applicant is contemplating a
long-term lease of the used car lot to another tenant, contingent upon the outcome of
this application for an extension of the amortization period of time.
Staff finds that the previous twenty-year extension of the amortization period of time,
which will expire on January 6, 2003, has been a sufficient amount of time for the
property owner to have obtained the full economic benefit of the used car lot and to
have arranged for the future permitted development of the property.
Staff is recommending that the Planning Commission uphold the decision of the Zoning
Administrator to deny the application for a ten (10) year extension of the amortization
period for 330/336, 338 8.350 W. Foothill Boulevard and 638, 640, 642 &644 Sunset
Avenue.
Planning Commission Meeting
P-2002-163
January 15, 2003
Page 5 of 5
FINDINGS FOR AN EXTENSION OF TIME
Pursuant to Section 88- 1885 (Nonconforming Use Abatement) of the City of Azusa
Zoning Ordinance, in order to approve an extension of the amortization period of time,
the Planning Commission must determine that such an extension of time will not be
detrimental to public health, safety, welfare or detrimental to the future planning and
development of the area.
An extension of the amortization period of time for the commercial used car lot use is
not consistent with the future planning and development of the area. The draft General
Plan notes that the Foothill Boulevard Corridor consists of fragmented development with
few concentrations of use. The continuation of the nonconforming used car lot use on
the subject properties would contribute to the fragmented development. The draft
General Plan is expected to designate this particular block of west Foothill Boulevard for
infill housing opportunities.
In addition, the removal of the nonconforming commercial used car lot use would
support the Commercial Land Use Objective of the current General Plan, which calls for
encouraging the development of businesses which would "improve the visual appearance
and efficiency of the commercial development along arterial streets."
CONCLUSION
Based on the attached documentation, City staff recommends that the Planning
Commission uphold the decision of the Zoning Administrator to deny the application for
a ten (10) year extension of the amortization period for 330/336, 338 8.350 W. Foothill
Boulevard and 638, 640, 642 &644 Sunset Avenue.
RESPECTFULLY SUBMITTED:
LAWRENCE ONAGA, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT
Susan Cole, Associate Planner
ATTACHMENTS
Draft Resolution of Denial
Vicinity Map
Agreement Regarding Abatement of Public Nuisance
Resolution No. 91-C 177
Resolution No. 8147
Application
Site Plan
RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF AZUSA DENYING
PRECISE PLAN OF DESIGN NO. P-2002-163
AN APPEAL OF THE DECISION OF THE ZONING ADMINISTRATOR DENYING
APPLICATION P-2002-163, A REQUEST FOR A TEN YEAR EXTENSION OF THE
AMORTIZATION PERIOD OF TIME ALLOWING A NONCONFORMING USED-CAR LOT
TO CONTINUE OPERATION AT 330/336, 338, 350 W. FOOTHILL BOULEVARD AND A
TEN YEAR EXTENSION OF THE AMORTIZATION PERIOD OF TIME ALLOWING A
NONCONFORMING RESIDENTIAL USE AT 638, 640, 642, 644 SUNSET AVENUE
WHEREAS, the Planning Commission of the City of Azusa, has given notice thereof
as required by law, held a public hearing on the application of James &Joanne Dusserre
with respect to the appeal of the decision of the Zoning Administrator to deny Precise
Plan of Design No. P-2002-163, an application to extend the amortization period of
time allowing a nonconforming used-car lot to continue operation at 330/336, 338 and
350 W. Foothill Boulevard and to extend the amortization period of time allowing a
nonconforming residential use at 638, 640, 642 644 Sunset Avenue; and
WHEREAS, the Planning Commission has carefully considered all pertinent
testimony and the staff report offered in the case as presented at the public hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF AZUSA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Pursuant to the California Environmental Quality Act Guidelines, the
project has been deemed to be Categorically Exempt pursuant to Section 15321.2 of the
CEQA Guidelines, regarding enforcement actions of regulatory agencies.
SECTION 2: That in accordance with Section 88-1885 of the Azusa Municipal
Code, the Planning Commission hereby denies said Precise Plan of Design based on the
following findings:
1. That the proposed Precise Plan of Design, for an extension of the
amortization period of time, will not be detrimental to public health,
safety, welfare or detrimental to the future planning and
development of the area.
An extension of the amortization period of time for the commercial used-
car lot use is not consistent with the future planning and development of
the area. The draft General Plan notes that the Foothill Boulevard Corridor
consists of fragmented development with few concentrations of use. The
continuation of the nonconforming used-car lot use on the subject
properties would contribute to the fragmented development.
In addition, the removal of the nonconforming commercial used-car lot
Resolution 2003-
P-2002-163
January 15, 2003
Page 2 of 3
use would support the Commercial Land Use Objective of the current
General Plan, which calls for encouraging the development of businesses
which would "improve the visual appearance and efficiency of the
commercial development along arterial streets."
2. An extension of the amortization period of time for the residential use of
the subject properties, per discussions with the City Attorney, cannot be
extended and is not within the purview of the Planning Commission to
review. Under the current Zoning Ordinance, there is no amortization
period for residential uses. Therefore, there can be no amortization period
of time granted or extended for the residential use on the subject
properties. The signed agreement and subsequent Conditional Use Permit
are the limiting documents for this issue and clearly delineate the expected
expiration date and demolition date for the residential structures. Based on
documentation, the amortization period for the residential uses has been a
total of 38 years. This is a sufficient period of time for the property owner
to have obtained the full economic benefit of the residential property and
to arrange for the future permitted development of the property.
SECTION 3: Based on the aforementioned findings, the Planning Commission
does hereby uphold the decision of the Zoning Administrator to deny Precise Plan of
Design No. P-2002-163 for the properties located at: 330/336, 338 and 350 W.
Foothill Boulevard and 638, 640, 642 644 Sunset Avenue.
SECTION 4: The Secretary shall certify to the adoption of this resolution.
ADOPTED AND APPROVED the 15th day of lanuary. 2003.
AZUSA PLANNING COMMISSION CHAIRMAN
Resolution 2003-
P-2002-163
January 15,2003
Page 3 of 3
1 hereby certify that the foregoing is a true copy of a resolution adopted by the
Planning Commission of the City of Azusa at a regular meeting thereof held on the
15th day of January, 2003, by the following vote of the Planning Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
AZUSA PLANNING COMMISSION SECRETARY
I
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING APPLICATION
THE FOLLOWING INFORMATION IS TO BE FILLED OUT BY THE OWNER/APPLICANT(Plemeprintorrype)
PROJECT ADDRESS: 330aro u. ec,a-
ttt�L �3[ / b3B, 64ca
ASSESSOR'S MAP BOOK,PAGE,&PARCEL NUMBER: brit v G Ic(/
OWNER'S'NAME&ADDRESS: -
sOf T•E-�e2ADo ae �yov sir.¢ L�� �rioib
OWNER'S TELEPHONE NUMBER' ��( • ','$"B, BQ.SC3
APPLICANT'S NAME&ADDRESS:
APPLICANT'S TELEPHONE NUMBER: Ste-/�• ///3•JJrj �,6
LEGAL DESCRIPTION(attach on a separate page ifnecessary): /ya0lt/ �6�6 -o70S -003- 619+1
i' Oos
LOT DIMENSIONS:
LOT AREA:
TYPE OF PROJECT:
!C3
RESIDENTIAL ❑ New Development ❑Outdoor Festivals-As defined in See]8.81I
COMMERCIAL ❑ Addition(i.e.,family room,garage,patio,etc)
'INDUSTRIAL ❑ Exterior Modification
INSTIMIONAL ❑ Legalization of Existing Conditions
NEW SIGN ❑ Chane ofUse/Business License
FPROJECTT IN DETAIL(attach on a separate page if necessary). Include operational aspects Cor uses other than rcsidendal.
s.£ ,vO e� -LooLT n.t !v i�TiTe.! s r . !reasons why this project should be approved:(attach on a separate page is necessary.) �Y•_,�Qy Co
-GEC%5.pQz•� LONC> Tt.�•a'.0 Tifiy�F•i�TS' Lf:IO t/L-0 l+rW�c-'"'.
O v.G 71fC riTO
I CE TIFY that the foregoing smt<menls end in ormation are tae and correct and{hat any submitted me trial,slstemenu or plan designsar<
correct io the best of my knowledge. n
Applicant's Signature L. C7
FOR PROJECTS 11W, RE UIRE PLANNING COMMISSION'AMON THE FOLLOWING INFORMATION
NEEDS TO BE FILLED OUT AND NOTARIZED BY THE PROPERTY OWNER
STATE OF CALIFORNIA
LOS ANGELES COUNTY SS:
VWE ✓9k--rtE S OV being duly sworn,depose and say,that VWE em/ve the owners)of the
property involved in this application,and that the foregoing statements and answers herein containedand the informationherewith submits
are
in all respects true and correct U) but of mylour knowledge and belief.
SIGNED:
ADDRESSOy/TELEPHONE.
6L6 •33'g. ®p.¢3 /.4,t
SW'ORNTOMETHIS�pgy OpOp�Zi•7/l
LINDA-A AR EMOCHA
_ s Cambs ant Idyl a
NOTARY PUBL �T ._ .s �LM Angela Carly _t
AMCM11MBVIWJm l$M05
THE FOLLOWING INFORMATION WI BE COMPLETED BY THE PLANNING DIVISION
CASE NO(S): -,� - _
TOTAL FE AID: 30D
DATE RECEIVED: /
BY:
P:\tPWninguM.M,Fama PplicatimsTiAnningApptieatim wl Updatcd.wpd
G I�`ryor
NOTICE OF APPEAL
TO THE CITY COUNCIL
RCIT OFu C it
`GAZUSA OF T}:E CITY OF AZUSA FROM ACTION OF
THE AZGSA PLANNING CONYISSION
The undersigned hereby appeals to the City Council of the City of
Azusa, California, from a decis-on made by the Azusa Planning
Commission., and petitions for a p-Z:ic hearing on said decision.
Whereas the Azusa Plannin.aCo a.ission„ on the data of Jr U
Lin reference to Case 2lumber _
y Planning commission Resolut cn Nurmer On 3
took the following action.:
S SE,
And, whereas the undersigned believes that the Plannina
Commission did, (a) err in its findings and/or decision; (b)
failed to conform to the requirements of the Zoning Chanter of
the Azusa Municipal Code as follows:
SEE A.':ACH}_E":T
And, whereas by the granting of this appeal, the public
necessity, convenience, welfare, or gecd planning practice would
be served as follows:
SEE AYTACKLENT
Therefore, the undersigned does hereby respectfully request the
City Council of the City of Azusa, California, to hear this
appeal, and take action to:
SEE A^- „CFIMEXL
3 p Signed:
(Data) a4zie3JLL
Address: Qi{ 9ltfL14 rimer ten.
6CM�4 101(2
Relationship of Appellant to said Action:
Applicant Resident
R Owner Other
;Specify )
To be filed in triplicate in the Office of the City Clerk
of the City of Azusa. An appeal fee of :ill
be required.
L C
n
V C
1
_ n
[l
ATTACHMENT TO NOTICE OF APPEAL TO THE CITY COUNCIL
OF THE CITY OF AZUSA FROM ACTION OF THE AZUSA PLANNING COMMISSION
The undersigned hereby appeals to the City Council of the City of Azusa, California, from a
decision made by the Azusa Planning Commission, and petitions for a public hearing on said
decision.
Whereas the Azusa Planning Commission, on the date of 1/15/03 in reference to Case Number P-
2002-163, took the following action:
Denied an extension of the Conditional Use Permit on the premise that we have had 38 years to
make other arrangements which we did not, and ordered the demolition of four homes housing
long term tenants their families and our business office.
And, whereas the undersigned believes that the Planning Commission did, (a)error in its findings
and/or decision; (b) failed to conform to the requirements of the zoning chapter of the Azusa
Municipal Code as follows:
(a) error in its findings and/or decision.
And, whereas by the granting of this appeal, the public necessity, convenience, welfare; or good
planning practice would be served as follows:
Granting of this appeal would extend the time to us only for the first time and give the tenants and
their family's time to find other homes and give us time to sell the property to a business type the
city is requiring in their future plans.
A vacant lot would not serve the community. Saving a man's living and four families homes
would serve the city and all concerned.
When we bought this property seven years ago,we were lead to believe by Dan Watros in the
City Planning Department we would be able to continue the business and rentals by going to the
city for an extension of the Conditional Use Permit each time it expired and we were told it had
been extended every time since 1980. Since it appears that is not the case, we are asking for only
one more extension.
Therefore, the undersigned does hereby respectfully request the City Council of the City of
Azusa, California, to hear this appeal, and take action to:
Extend the Conditional Use Permit one more time.
Thank you fo1r your consideration.
1 `c� 3l03 Signed: tit� non�
Date Ji usserre, Owner
Address: 504 Terrado Dr.
Monrovia_ CA 91016
tiJ OPNgrG
t +�
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT /�
LAWRENCE ONAGA, ASSISTANT DIRECTOR OF COMMUNITY
DEVELOPMENT
VIA: RICK COLE, CITY MANAGER Y
DATE: FEBRUARY 18, 2003
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S DECISION
REGARDING A REQUEST FOR A TEN-YEAR EXTENSION OF THE
AMORTIZATION PERIOD OF TIME FOR TWO NONCONFORMING
USES, LOCATED AT 330/336, 338 8.350 FOOTHILL BOULEVARD AND
638, 640, &644 SUNSET AVENUE.
RECOMMENDATION
It is recommended that the City Council uphold the decision of the Planning
Commission to deny the application for a ten-year extension of the amortization
period of time for the existing nonconforming uses.
BACKGROUND
The subject properties are currently developed with a commercial used-car lot
fronting Foothill Boulevard and four detached residential units, built circa 1916,
fronting Sunset Avenue, all currently nonconforming uses.
In 1939, the subject properties were zoned C3, which allowed both residential and
commercial used-car lot uses.
P-2002-163
February 18, 2003
Page 2 of 5
On January 2, 1964, residential uses were eliminated from the list of approved
uses in the C-3 zone, making the existing residential units on the subject property
nonconforming. A twenty-year amortization period for the residential units
became effective at that time, with an expiration date of January 2, 1984.
On January 6, 1983, the subject properties were rezoned to CBD - Central
Business District. Residential units and commercial car lots.are prohibited in a
CBD zone, making the commercial used-car lot on the subject property
nonconforming also. A twenty-year amortization period for the used-car lot
became effective at that time, with an expiration date of January 6, 2003.
In September 1986, in response to a Code Enforcement citation, the property
owner applied for a Conditional Use Permit (CUP) to legalize an expansion of the
nonconforming used-car lot. The Planning Commission denied the application.
On October 31, 1986, the property owner and the City of Azusa entered into an
"Agreement Regarding Abatement of A Public Nuisance" (Exhibit C) in which the
property owner agreed to:
1 . Terminate the residential use on the subject properties by November 17,
1991 and convert them to commercial uses or demolish them by November
17, 1992;
2. Demolish all buildings on Lot 4 (330/336 W. Foothill Boulevard) by January
31, 1987;
3. Use only Lots 4, 5, & 6 (330/336, 338 and 350 W. Foothill Boulevard) for
used auto sales and not beyond the twenty-year amortization period ending
January 6, 2003 and apply for a Conditional Use Permit (CUP) for the illegal
expansion of the nonconforming used car lot.
On December 1 , 1986, the City of Azusa City Council approved Resolution No.
8147 (Exhibit D) granting a Conditional Use Permit (CUP #C-415) to legalize the
expansion of the nonconforming used car lot. The Resolution incorporated the
requirements of the aforementioned "Agreement Regarding Abatement of Public
Nuisance". The twenty-year amortization periods and expiration dates were
reaffirmed in the Resolution.
On December 2, 1991 , the City Council approved Resolution No. 91-CI 77 (Exhibit
E), to amend CUP # C-415, extending the amortization period of time for the
residential uses on the subject properties for an additional five years. This allowed
the residential uses to remain until November 17, 1996 and required the
residential structures to be converted to permitted commercial uses or to be
demolished by November 17, 1997.
On July 7, 1992, the City Council approved the Resolution No. 92-37, changing
the zoning of the subject properties from CBD to C2 (Restricted Commercial),
P-2002-163
February 18, 2003
Page 3 of 5
however this still did not allow a used-car lot or a residential use at the subject
property location.
On November 4, 1996, Ordinance No., 96-011 amended the Zoning Code
regarding nonconforming residential uses (those residential uses which are
deemed nonconforming due to their location in a zoning district which does not
permit residential uses) by removing the previously required amortization period of
time.
Pursuant to Section 88-1885(a), the operator of a nonconforming use that has
reached the end of its required amortization period of time is allowed to apply to
the Zoning Administrator for an extension of the amortization period of time. The
Zoning Administrator has the authority to grant time extensions of up to ten (10)
years, providing that findings can be made that such extensions will not be
detrimental to public health, safety, welfare or future planning and development of
the area.
On August 15, 2002 the owner of the subject properties applied for an extension
of the amortization period of time for both the existing residential units and the
commercial used-car lot. The applicants are requesting that the amortization
period for both the residential use (required to be converted to permitted
commercial uses or to be demolished by November 17, 1997) and commercial
use (required to terminate January 6, 2003) be extended for an additional ten (10)
years, until January 6, 2013.
On November 6, 2002, the Zoning Administrator of the City of Azusa, based on
staff's recommendation, denied the request that the amortization period of time
for both the existing residential units and the commercial used-car lot be extended
for an additional 10 years.
On November 6, 2002, the property owner filed an application to appeal the
decision of the Zoning Administrator to the Planning Commission.
On January 15, 2003, the Planning Commission also denied (3 to 2) the
application for an extension of the amortization period of time (Exhibit F).
On January 23, 2003, the property owner filed an application to appeal the
decision of the Planning Commission to the City Council.
DISCUSSION
According to the signed "Agreement Regarding Abatement of Public Nuisance",
Resolution No. 8147, and Resolution No. 91-C177, the extended amortization
period of time for the existing nonconforming residential structures and residential
P-2002-163
February 18,2003
Page 4 of 5
uses on the subject properties ended on November 17, 1997. Per discussions
with the City Attorney, the amortization period of time for the residential use of
the subject property cannot be extended and was not within the purview of the
Zoning Administrator or Planning Commission to review. Under the current Zoning
Ordinance, there is no amortization period for residential uses. Therefore, there
can be no amortization period of time granted or extended for the residential use
on the subject properties. The signed agreement and subsequent Conditional Use
Permit are the limiting documents for this issue and clearly delineate the expected
expiration date and demolition date for the residential structures. Based on
documentation, the amortization period for the residential uses has been a total of
38 years. This is a sufficient period of time for the property owner to have
obtained the full economic benefit of the residential property and to arrange for
the future permitted development of the property.
Regarding the request for an extension of the amortization period of time for the
existing nonconforming used-car lot, pursuant to the "Agreement Regarding
Abatement of Public Nuisance" and Resolution No. 8147, the commercial used-car
lot at this location became nonconforming on January 6, 1983, with a twenty-year
amortization period expiration date of January 6, 2003.
The applicant is requesting an additional ten (10) year extension of the
amortization period of time for the commercial used car lot use. The applicant is
contemplating a long-term lease of the used car lot to another tenant, contingent
upon the outcome of this application for an extension of the amortization period
of time.
Staff finds that the previous twenty-year extension of the amortization period of
time, which will expire on January 6, 2003, has been a sufficient amount of time
for the property owner to have obtained the full economic benefit of the used car
lot and to have arranged for the future permitted development of the property.
In addition, pursuant to Section 88-1885 (Nonconforming Use Abatement) of the
City of Azusa Zoning Ordinance, in order to approve an extension of the
amortization period of time, the City Council must determine that such an
extension of time will not be detrimental to public health, safety, welfare or
detrimental to the future planning and development of the area.
The removal of the nonconforming commercial used car lot use would support the
Commercial Land Use Objective of the current General Plan, which calls for
encouraging the development of businesses which would "improve the visual
appearance and efficiency of the commercial development along arterial streets."
Also, an extension of the amortization period of time for the commercial used car
lot is not consistent with the future planning and development of the area. In
P-2002-163
February 18, 2003
Page 5 of 5
community discussions regarding the new General Plan, the concern has been that
the Foothill Boulevard Corridor consists of fragmented development with few
concentrations of use. The new General Plan effort has identified significant
marginal, under used commercial areas along the City's corridors, such as Foothill
Boulevard, which require reuse to more productive land uses. The continuation of
the nonconforming used car lot on the subject properties would contribute to the
fragmented development. The draft General Plan is expected to designate this
particular block of west Foothill Boulevard for new infill housing opportunities
and/or mixed use.
FISCAL IMPACT
No significant fiscal impact is anticipated.
CONCLUSION
Research indicates that the residential use has already had 38 years in which to
amortize the use and the commercial used-car lot has had an amortization period
of 20 years. Staff finds that this is a sufficient period of time for the property
owner to have obtained the full economic benefit of the residential property and to
arrange for the future permitted development of the property.
ATTACHMENTS:
Exhibit "A" - Draft Resolution of Denial
Exhibit "B" - Vicinity &Site Maps
Exhibit "C' - Agreement Regarding Abatement of Public Nuisance
Exhibit "D" - Resolution No. 8147
Exhibit "E" - Resolution No. 91-C177
Exhibit "F" - Planning Commission Staff Report — 1/15/03
Exhibit "G" - Application &Statement
RESOLUTION NO.
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA DENYING APPLICATION P-2002-163, A REQUEST
FOR A TEN YEAR EXTENSION OF THE AMORTIZATION
PERIOD OF TIME ALLOWING A NONCONFORMING USED-
CAR LOT TO CONTINUE OPERATION AT 330/336, 338,
350 W. FOOTHILL BOULEVARD AND A TEN YEAR
EXTENSION OF THE AMORTIZATION PERIOD OF TIME
ALLOWING A NONCONFORMING RESIDENTIAL USE AT
638, 640, 642, 644 SUNSET AVENUE
WHEREAS, the City Council of the City of Azusa, has given notice thereof as
required by law, and held a public hearing on the application for an appeal of the
Planning Commission's decision to deny a request for a ten-year extension of the
amortization period of time allowing a nonconforming use-car lot to continue operation
at 330/336, 338, 350 W. Foothill Boulevard and a ten-year extension of the amortization
period of time allowing a nonconforming residential use at 638, 640, 642, 644 Sunset
Avenue .
WHEREAS, required notice was mailed as set forth in affidavits on file at the
Community Development Department not less than ten days prior to the date of the
hearing in compliance with City Code Section 88-125, 88-130, 88-135, and 88-140, and
Government Code section 65090 and 95091 .
WHEREAS, the City Council held a duly noticed public hearing on February 18,
2003, on the application, and duly considered all information presented to it.
WHEREAS, after due deliberation and consideration, the City Council voted to
uphold the decision of the Planning Commission to deny the application for an extension
of the amortization periods of time for a nonconforming use.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: Pursuant to the City of Azusa Local Guidelines for implementing
CEQA and the State CEQA guidelines, this project is Categorically Exempt under the
California Environmental Quality Act, Section 15321 (2), regarding enforcement actions
of regulatory agencies.
Resolution No._
February 18, 2003
Page 2 of 3
SECTION 2: That in accordance with Section 88-1885 of the Azusa Municipal
Code, the City Council hereby denies said appeal application based on the following
finding:
A. That such an extension of time will not be detrimental to public health, safety,
welfare or detrimental to the future planning and development of the area.
An extension of the amortization period of time for the commercial used car lot
use is not consistent with the future planning and development of the area. The
draft General Plan notes that the foothill Boulevard Corridor consists of
fragmented development with few concentrations of use. The continuation of the
nonconforming used car lot use on the subject properties would contribute to the
fragmented development. The draft General Plan is expected to designate this
particular block of west foothill Boulevard for infill housing opportunities.
In addition, the removal of the nonconforming commercial used car lot use would
support the Commercial Land Use Objective of the current General Plan, which
calls for encouraging the development of businesses which would `Improve the
visual appearance and efficiency of the commercial development along arterial
streets. "
SECTION 3. The City Clerk shall certify to the passage of this resolution and shall
cause the same to be published in compliance with Chapter 88, Article 11, Division 5 of
the Azusa Municipal Code.
PASSED AND APPROVED this 18th day of February, 2003.
Mayor
ATTEST:
City of Azusa Vicinity Map
330-350 W. Foothill Blvd & 638-644 Sunset Ave
APN 8616-005-006, 004, 005
P-2002-163
i
Foothill Blvd
I I
c2 c2]C2 c2 c2 c2 c2 c2 c2
LN
R21 R2 R2 R3-1 .6
m R2 R2 R3-1.6 Q
>
Q R2 > R2 R3-1.6 0
I R2 R2 R3-1.6
R2 c R2 R3-1.6
R2 R2 R3-1 .6 Q
R2 R2 R3-1 .6
R2 R2 R3-1.6
R2 R2 R3-1 .6
6th St
I I i
i i I
Legend
/'../City Boundary _
--- Area of Interest
i
N
_ _5rnlc r'=_tar -- � •
I
ACRE?`NT REGARDING ABATCMCNT
. r PUBLIC NUISANCC • -"''""`"'""�'=
This ngrcemcne is made between Lhe Ci Ly of Azusa Public NuIsanea
Ilearing Officer and the O ,: ner ( s ) of Record of Real 1'roperEy ;"�
commonly known as : 324 W. Foothill Azusa CslifarnIn , Los -'N
Aneelas Count and identified in the Los Angeles, Count
Assessur Records as: Plaphook : 8616 pa e • Y. T-
and 6 , and legally described as follows , R 5 Parcels 3 4 ' i5
;:ra cry ny
Lots 3 , 4 , 5 and 6 in Dlock 39 of Azusa in
the
C i t v of Azusa County of Low
State of California , map recorded in
An cies, ; . .
as
Uo
ok I5 , Pper
Pale 93 et , sen . of miscellane
rous
ecords , in the Office of the Counts• Recorder
of said C minty ,
Recitals : I / We , Frederick II , & Joan Petersen , do herein agree r m
and stipulate to the following : ��
:nr
1 . That the Real Properties described supra are a Public `,;,.'
N'i '_ sance as def _ ned in Section 1 , 12 . 020 Azusa Municipal
Code , and Section I5. 08. OlO( F E ;I ) Azusa Municipal Code , w.
due to fullamortized nonconforming residential uses and «;v ;r
y
structures in the Central i3uslness District "CBD" =z ,f°
Zone .
TItaL the resident. ial uses and s
nonconforming on .lanuary 2 0 4 tructures becane :
effectivC date of Azusn City 10 dinanced \o. 7 3e1 whie%h
eliminated residential uses and structures from the "C2"
Re:: tricted Commercial and "C3" General Commercial Zones .
3 . That the properties ,; ere zoned "C3 " Gone ra1 Commercial
Zone on _larci: 21 , 1919. Said date being Lhc effecti % et e of kzusa City Ordinance No. 342 , and rezoned "CRD" z
Central Business I).LsLI- , CL on January 6 , up :4r ;
effective date of A,7oso City Ordinance lio , 21 :141 � ' the tiz
j .
4 . Thar. the rc•sidcntin ] ; tructures +;ere constructed circa
1916 , based on infnrnation frun the Los Angele
y „4 '
Tax ssessor Rollss Count
, and are of light wood fraiseao
c a n s L r tic L i on .
5 . lint the :, i.:orti ::;r , ; u;; period for Lhc residential uses and
structures ,:: t ,; ,. nt ; ( ; f) ) } ears from January 2 1964
based on Sect inn Ip. , O.050 :Azusa tiunieipal Coot and that
�Y
saki residential us,•s an : stt'ucLures were fully amortized
;
on .lanunr , 19c!.
6 . That he Cit % or •; usa is required to enforce and
inplcncnt the land use olcncnL of the CiL % Is General Plan
and all zoning; ' a,;.
�4.
T . That I heroin agree to terpin
ate ttic . nonconformiIng
residential uses on the properties on a before November
17 . 1991 , and %:ill convert tha residential structures to .r"!
permitted commercial sLruetures with all required Cit
approvals on or before No%•ember 17 1992 , or demolish . y 1x
4•f:.
8 . Thnt I / 11^ shall maintain the properties and atructuraslafl.
good crder and repair . N +
9 . That I /Wc ap,rec to demolish all buildings loeatod ' onl;lotY e4�
and known as 330-336 W. Foothill' Boulevard : withid, r«
ninety ( 90) dnya of adoption of this amended Order';of T�
A1)ntcncnt by the Azusa City Council , Said dem011tionr�'
shall be done under permit issued by the City of Azusa
flu iIdIng Dc partinent . *r•' ,
10. 'T hat t h e . ..
ngrrcmen '• shall be 11 11 amended Order Of
mnd
Abateent a ;ubicct to adoption by resolution of the
:'.'_ as City Council
11 . That I / We agree to pay the City of Azusa one hundred �.
eighty dollars and no/ 100 ($ 180.00) for the planting of .'`'!*:.'D
four street trees within ninety (90) days of adoption of ,--,, �
this agreement and resolution . `;;ls
12 . That I /We agree to submit for Design Review and make all <<3tSjcy
rewired buildinf; improvements on the office structure <!
utzed by the used au 1 sale, bus In^sson lOC No. $ and `ar
known as 338 i Foathill Boulevard within ninetyr
days of adoption of Chis agreement by resoluti9n , and
complet.c all require(' building improvements within six
ii
( G ) nonLbs of adoption . The stated " required
improvements" arc defined as cosmetic and facade type
improvements .
13 . That I al; roe to provide landscaping as required in
c0njuncLiou ,: il. It Desicn R e v i c w of the used auto sale ``;;r' .•
business. Sit id requirent•nL 3bn11 1•e in accordance with !++�.
current land ;;crome' at. s us sL0Led in Chapter
-' r
19 . 48 . 060( 1 ) of Lhe A:: u,a }Ionicipal Zoning Code .
That 1 /4.'c al;rco Lo p„ .• in all parkuay areas on Foothill
Boulevard in lronL of iots 3 , L ,
6 , and G as required by LiTk
the Public L' orkS bcpartncnt within six ( 6 ) months of
adoption of this agrer.men: by resolution .
15 . That I /L:c agree Lo ronsL :'ccL it dccorati -c masonry block uit
wall across the rc• nr of lots 3 , L , 5 , and h upon
Lcrnination of thn rccidoitt. i .1 uses on lots 3 , S , :.nd G .
It
16 . I / iCc ❑ err,,• IC: use main tots and 6 for used auto
s n l c s .i n ri n�• t L ,� .
, c,r• .'�� oar acortizatio: poled ,x
crcaioil be A. :: I: a C ; ; r k:; it,.•!I L '< u. 2151 L! dapted c is
Januarc G , I9S3 . i;vaI of ) ct 3 to be used for vehicle
storai, c onl ait. Cr 3plication and approval of
Conditional I-So Percit fo: Said use .
17 . Thoc should I iail to co- plc t; i,tl. the agreement 1 ;8e • W�
itn6ersLand that the Ci Le of A,-us,, cause -.hatenent as .,.4'"
rcquirce'. . S;iid IbatcnenL 1.1 -1 include : t; iciI Action
a u d i o C. t :r. i a n �. i' r o t• t o i. i o ;i a ! n A k, a t c n e n t It }'
drr. 01i LIon a11 .1 /o :' rcnoyaI of it I1lecai1v parked or
S . TI:. L i / l: c• al :.n arrre that Should the City of Azusa be
required to enforce any provision of t !tis a n c n d e d Order T '
of Ahat (,. nent thaL any and all costs incurred b)' the Cit}•
of Azusa hah
sll 'u• carfcd Lo the property owner( s )
pursuant to SccLioil 15.08. 100 et al . Azusa 11unieipal
Code
wr
M
1,.
S ed,`this` � y �JJ
S .tµ
+Frederic '+`r �a'
kajj,;*,Pet rsen " Pro + u
83' W p FY 'Qwne�+ l,r.. ' ; , '.tl ;. c<> ,E ,�4.r
est Lemon�m�Avenue.
Ix,YfItrd-A, rr(cadia CaliforniapJ910(�('7i `G J 44: ,
? +
i1/ .'I .
I' JO&M Petersen
.,, Property Owner.. S
183 West Lemon
' Avenue pouse
Arcadia . California ', 91006
to J /doe.• Cl t } Administrator/
Public Nuisa ice Iiearing Officer
City of Azusa
213 East Foothill
Bou Iova rdl"-'"''i,`.,..L,:,.
Azusa , Callfornia 91702
. RESOLUTION NO. 8147
'A RESOLUTION OF THE CITY COUNCIL OF THE CITY
:OF .AZUSA GRANTING A CONDITIONAL USE PERMIT TO
FREDERICK H. PETERSEN AND JOAN PETERSEN FOR
EXPANSION OF NONCONFORMING USES ON PROPERTY
' LOCATED AT 324-350 WEST FOOTHILL BOULEVARD,
" AZUSA, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
SECTION I. The City Council of the City Of Azusa
does he ..eby find, determine and declare that:
A. There has been filed with the Planning
Commission Of the City of Azusa the application of
Frederick H. and Joan Petersen requesting a
Conditional Use Permit to expand a nonconforming
automobile sales use on the subject property
Pursuant to the requirements of Section 19.40.050
of the Azusa Municipal Code.
B. The subject property is generally located at
324-350 West Foothill Boulevard and is specifically
described as Lots 3,
Azusa, 4, 5, and 6 in Block 39 of
in the City of Azusa, County of Los Angeles,
State Of California, as per map recorded in
Book 15, page 93, et seq. , of Miscellaneous
Records, in the Office of the County Recorder of
Los Angeles County.
C. Public hearings thereon were duly held by the
Planning Commission of the City of Azusa on
September 3, 1986, and by the City Council of the
City of Azusa on November 3 and November 17, 1986.
Das duly innitiatedoandfor
not'i ceCoEditional Use Permit
thereon were dul Public hearings
with"a y given and published in accordance
pplicable law.
E• Commission
. 2364 voted
On September 3, 1986, the Planning
of the City of Azusa by Resolution No
to deny the Conditional Use for the subject
ptoperty. Permit
F. Thereafter, the property owners duly filed a
Notice Of Appeal with the Cit
time required by y Clerk within the
law for such appeal.
G• The City Council has considered all of the
to it at the public hearings
information presented
f held on November 3, 1986, and November 17, 1986, -
and specifically finds as follows:
1- The public necessity, convenience, and
general welfare and good zoning practice
require that the proposed Conditional Use
Permit be granted for the reasons set forth in
this Resolution.
2• The subject pro erti .4egY
(Centraled CB
t) and
with a used automobile Business Districsnis developed
sales business in the „EIt
y�i��s�5"' `y •Lb,.
vacant residential building.
I
3. Property s hav
ntly
the automobile owner salesbusinesseonto adja cena
properties which were previously vaca
utilized for other purposes. nt or
4. The existing automobile sales business
had been established prior to the
establishment of the CBD zone in 1972.
5. As automobile sales uses are prohibited
in the CBD zone (Section 19.27.030(2) of the
Azusa Municipal Code) , the business became a
nonconforming use. Consequently, in order to
legalize the expansion of the existing
business'onto the adjacent Droperty, a
Conditional Use Permit is required for
expansion, of this nonconforming the
(Section 19.80,050 of use
Code) . the Azusa Municipal
6• The subject properties described above
are a Public Nuisance as defined in section
1.12.020 .Azusa Municipal Code, and Section
15.08.010(r 6 M) Azusa Municipal Code, due to
fully amortized nonconforming
and structures in the Cenresidential uses
tral Business
District "CBD" Zone.
7. The residential uses and structures
date being the effectivedateJanuary 2, 1964, said .
Ordinance No. 773, which °f Azusa City
residential uses and eliminated
Restricted Commercials and
tures from the "C2"
Commercial Zones, and 'C3" General
8. The properties were zoned "C3" General
Commercial Zone on March 21, 1939, said date
being the effective date of Azusa City
Ordinance No. 342, and rezoned "CBD" Central
Business District on January 6, 1983,e the
effective date of Azusa City Ordinanc
No. 2154,
9. The residential structures were
constructed circa 1916, based on information
from the Los Angeles County Tax Assessor
Rolls, and are of light wood frame
construction.
The
10- .residentialrtis
amortization period for the
( 20) years from Januarand y 2 structures' 1964 was twenty
ased on
Section 19. 40.050 Azusa Municpal6Code and
that said residential uses and structures were
fully amortized on January 2, 1984.
11 . The City Of sa
and impleis ment theAland use zurequired to enforce
City's General Plan element of the
and all zoning laws.
12. The property owners will have had a
sufficient period of time prior to termination
Of this use, as set forth in to
2, within
which to obtain the full economic
their property. benefit of
13. In taking this action, the City Council
the the effects of the decision on the
housing needs of the region in which the City
-2-
is located and balanced those needs against
the public service needs of the City residents
and available fiscal and environmental
resources.
14 . This Conditional Use Permit is consistent
with the City's General Pl
thereof. an and each element
SECTION 2. The City Council of the City of Azusa,
-after careful conside
does ration of the evidence presented to it,
hereby approve said Conditional Use Permit No. C-415 to
permit automobile sales on the subject
extent permitted by property to the
conditiand in accordance
ons of approval: with the following
A. Property Owners shall terminate
nonconforming residential uthe
or before uses on the properties on
November 17, 1991, and will convert the
residential structures to permitted commercial
structures with all required City approvals on or
beforg November 17, 1992, or demolish. '
B. Property Owners shall maintain the properties
and structures in good order and repair.
C. Property Owners shall demolish all buildings
located on Lot No. 4, and known as 330-336 West
Foothill Boulevard within ninety (90) days of
adoption of this Resolution. Said demolition shall
be done under permit issued by the City of Azusa
Building Department.
D. Property Owners shall paythe City of Azusa
One Hundred Eighty Dollars and no/100 ($180.00 ) for
(90) days of ad
the Planting of four street trees within ninety
option of this Resolution.
E. Property Owners shall submit for Design Review
and make all required building improvements on the
office structure utilized by the used auto sales
business on Lot No. 5 and known as 338 W. Foothill
Boulevard within ninety (90) days of adoption of
this agreement by resolution, and complete
required building improvements within six all
(6)
months of adoption. The stated "required
improvements" are defined as cosmetic and facade
type improvements.
F. Property Owners shall provide landscaping as
required in conjunction with Design Review of the
used auto sale business. Said requirement shall be
in accordance with current landscape requirements
as stated in Chapter 19.48.060(1) of the Azusa -
Municipal Zoning Code.
G. Property Owners shall pave in all parkway
areas on Foothill Boulevard in front of Lots 3, 4,
withiand n sixs required by the Public Works Department
( ) months of -adoption of this
Resolution.
H. Property Owners shall construct a decorative
masonry block wall across the rear of Lots 3, 4, 5,
and 6 upon termination, of the residential uses on
Lots 3, 5 and 6.
T . Property Owners shall use only Lots 4, 5, and
not
amortizationr used period period to ethe
creaaedobybAzasa City eynd2Ordiar
nance
-3-
No. 2159 adopted on January 6, 1983 . Rear of Lot 3
to be used for vehicle storage only after
application and approval of Conditional Use Permit
for said use .
J. All necessary permits shall be obtained .
K . Any and all applicable Building Department and
Fire Department requirements shal
times . ' l be met at all
L. An approved Precise Plan of Design shall be
obtained for all businesses on the subject
property.
M. Adequate parking shall be provided for all
businesses in conformance with Chapter 19 . 98 of the
Azusa Municipal Code including, but not limited to,
number and size of spaces , driveway and aisle
widths and landscaping .
N. All signs shall be in conformance with Chapter
19 . 50 of the Azusa Municipal Code. All temporary
signs , banners , bunting and other nonconforming
signs shall be removed within thirty ( 30 ) days of
approval of subject conditional use permit .
O• All lighting shall be aimed or shielded so as
not to illuminate adjacent parcels or streets .
P. All vacant areas not utilized for parking ,
display areas or structures shall be landscaped to
the satisfaction of the Parks Division . An adquate
landscaping plan shall be submitted to the Parks
Division within thirty ( 30 ) days of approval of
subject conditional use permit .
Q. Bus currently parked on subject property shall
be removed within thirty ( 30 ) days of approval of
subject conditional use permit .
THE CITY COUNCIL HEREBY FINDS that this project is
Categorically Exempt under the California Environmental
Quality Act as a Class 1 ( e) categori
State CEQA Guidelines . cal exemption under the
SECTION 3 . The City Clerk shall certify the
adoption of this Resolution .
December
PASSED, APPROVED AND ADOPTED this 1st
1986 . day of
MAYOR
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
December ay of
1986 , by the following vote of the Council :
AYES : COUNCIL MEMBERS:
AVILA, COOK, CRUZ , LATTA, MOSES
NOES : -COUNCIL MEMBERS :
NONE
ABSENT: COUNCIL MEMBERS: NONE
CITY CLERK—'
RESOLUTION NO,
9�?.7
A RESOLUTION OF THE CITY COUNCIL
CITY OF AZUSA \MENDZtJG CONDITIONAL USE
PERMIT C-415 OF THE
RESIDENTI EXTEt1DZNG THE TIME
324- AL USE OF PROPERTY LOCATED ATFOR
]5o WEST FOOTHILL BOULEVARD
THE CIT
AS FOLLOWY COU"CZ1 OFT
HE CITY OF AZUSA DOES
RESOLVE I
does hereN 1•
Y find, determineCity
andCouncil
declaref the
City of Azusa
A. On Dec as follows: I
Resolution ember 1 1986,
Permit NO. 8147 which the City Council ado
0-415 (the nC U. P, ,1approved Condltlonalpted
non-conforming auto ) for the
Use
owned by Frederic mobile sales use expansion Yf a I
owners ) and located at Oan Peterse on property
Boulevard (the � 324- ^ (the
subject 350 Fest Foothill
B. property,i) ;
ResolutioC' U. P' ' at Condition A
terminate n 8147, requires the Of Section 2 of
on theate certain non-conformiproperty Owners to
subject prOPert g reside
1991 % Y on residential
or before November 17,
c.
made a^wri' SItten tomber re 2] • 1991
Condition q, quest for athe
property owners
Commission tlelanaOctober Year extension o
recomme duly noticed1991' the planning f
amended Mende to
, thChelty ouncilpubli
thatcthearing and
e
Coed allow
Stio year that
P.
D. t0
On Ncvember 18, 1991
hearing was conducted by the Cit
considered a duly not,
public
allow the amending the C, U. Y Council who
terminate proPertY owners P ve Year' at Condition A to
I subjectlproP�rtonformingfresidentiaxtenston to
1 uses on
E• The Cit
time for Y Council determined t
resld termination of
ent
ial uses the non-conform
on_ that extending the
Years wouldon the sub ' Conforming
health a not on
Sect pr°Aert
nd Welfare of Y impact publlcY by five
business district Persons safety
pro er zone l^ the central
areas and other Personsrin^tinghe the subject
and
surrounding
'
F. In talon
considered the this action,
decision, and a^viro^menta the City Council has
that this afor Careful study, of its
Class 1 ( 1 ) prro ac is Categorical) has determined
California project under the Y exempt as a
California Environmental Quallt°Visio
(Title Environments Y Act ns Of the
14 C.C. R. the
S 15]01 Quality ActGuidelines
and the City of Azusa•s
• � .
Nf
)1 �t
environmental procedures. The Cit
finds that this Y council,
significant effect on the envirll have no
onment
SECTION �. Based on the October 16 t
Commission recommendation, Resolution No, 81471991 Planning w�•. �;
reports, and public comments received and Staff
the ,{
City Council meetin ?
Section 2 conmeetingtained iOf November 18
Resolution NO 1991 , condition A of
in full to read as follows: 8147 is hereby amended
"A. Property
pert owners shall terminate the non-
before
residential uses on the properties on or
before November 17, 1996, and will convert the
residential structures to
structures with all Permitted commercial
before November 17 required city approvals on or
1997, or demolish. "
SES 2. All other conditions and
shall continue to be provisions of
Resolution No. 8147
effect, except as explicin full force and
itl
y modified by this Resolution.
adoption oSECTION g' The City Clerk shall certify to
his Resolution, the
1991 . PASSED AND APPROVED this 2nd day of December
e$WY
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 'ss,
CITY OF AZUSA )
I hereby certify that the foregoing Resolution No, (•
O1 r,!7was duly adopted by the City Council of the City of -
Azusa at a regular meeting thereof, held on the 2nd
Aa 1991 by the following vote, to wit: day °f "
AYES : COUNCILMEMBERS: DANr.LEIS, STEMRICH, NARANJO. ALEXANDER.
NOES: MOSES
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN COUNCILMEMBERS NONF
j�CITY 'CLERK ,