HomeMy Public PortalAbout2005-004 (01-18-05)RESOLUTION NO. 2oo6.oo4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD ACTING AS THE BOARD OF
APPEALS DENYING AN APPEAL FILED BY
TENANTS RESIDING AT 12627 OAK AVENUE,
ACCESSOR PARCEL NUMBERS 6176-010-020 &
039, TO OVERTURN THE DECISION OF THE
BUILDING OFFICIAL TO DEEM THE SUBJECT
STRUCTURE AN UNSAFE AND DANGEROUS
BUILDING AND ORDERING SUCH STRUCTURE
TO BE VACATED AND SECURED. THE
SUBJECT PROPERTY IS LOCATED IN THE R-3
(MULTIPLE FAMILY RESIDENTIAL) ZONE, CITY
OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, on July 13, 2004 conducted a
public hearing on the subject application and denied Conditional Use Permit No. 2004-
19 - Modification; and
WHEREAS, the Lynwood City Council public hearings on August 17, 2004 and
November 16, 2004 and denied Appeal No. 2004-03; and
WHEREAS, the Lynwood Building Official deemed the subject structure unsafe
and dangerous and ordered such building vacated and secured on December 1, 2004;
and
WHEREAS, an attorney for the tenants filed an appeal of the decision of the
Building Official pursuant to the appeal process set forth in the Uniform Code for the
Abatement of Dangerous Buildings 1997; and
WHEREAS, the tenants were duly noticed of the hearing through their attorney
via Certified mail; and
WHEREAS, the Lynwood City Council acting as the Board of Appeals
considered all oral and written testimony offered at the appeal hearing; and
WHEREAS, the subject property and use of land pose an immediate and
significant threat to the public health, safety and general welfare; and
WHEREAS, the applicants have made little or no progress toward complying
with code requirements and remedying code violations; and
Section 1. The City Council of the City of Lynwood acting as the Board of
Appeals hereby finds and determines as follows:
Ao
The land use is inconsistent with the Lynwood General Plan. The Mission
Statement of the General Plan 'states "The City of Lynwood desires to
maintain and enhance the community as a safe, convenient, and affordable
place to raise a family." Severe code violations of the Subject Structure are
in violation of the Lynwood General Plan because the Subject Structure is
dangerous.
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LMC Section 25-8.1(a)(8) allows the land use pursuant to a conditional use
permit. The property has no conditional use permit approval, no business
license, no building permits, no plan chweck, no building inspections and
multiple code violations.
The Planning Commission denied Conditional Use Permit No. 2004-19 and
deemed that the Subject Structure was a threat to the public health, safety
and general welfare.
The City Council denied Appeal NO. 2004-0-3, the appeal of the
Conditional Use Permit, and deemed that the Subject Structure was a
threat to the public health, safety and general welfare.
Numerous violations of the California Building Code have not been
remedied. The Building Official deemed the building unsafe and dangerous
and ordered such building vacated and secured within seventy-two (72)
hours.
F. Numerous violations of the Los Angeles County Fire Code have not been
remedied. Only minor superficial corrections have been made.
G. Violations of the Los Angeles County Health Code have not been
remedied.
The property owner has not submitted corrected plans to address the
building correction plan check list. Numerous code deficiencies are noted
on the correction list.
The unauthroizede Subject Structure/dormitory is a dangerous building.
The Building Official, under Section 102 and 104.2 of the California Building
Code, may vacate and secure the Subject Structure.
The Subject Structure continues to be a threat to the life and safety of
persons in the building as well as persons living and working in the vicinity.
The public health, safety and general welfare is compromised by the
occupation of the Subject Structure.
Section 2. The City Council of the City of Lynwood acting as the Board of
Appeals, based upon the aforementioned findings and determinations, hereby denies
the Appeal of the tenants of 12627 Oak Avenue thereby upholding the decision of the
Building Official to deem the Subject Structure unsafe and dangerous and hereby
ordies the building to be vacated and secured within seventy-two (72) hours.
Section 3. A copy of the Resolution shall be delivered to the applicant.
ADOPTED and DENIED this 18~h day of January, 2005 by members of the
Lynwood City Council.
,~/~b~MON ROt:)RIGUeZ, M r~E~
City of Lynwood
ANDREA L. HOOPER, City Clerk
City of Lynwood
~1~ Interim Oity Mgr.
City of Lynwood
APPROVED AS TO CONTENT:
Development Services Department
APPROVED AS TO FORM:
ARNOLDO BELTRAN, City Attorney
City of Lynwood
-3-
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the
foregoing ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 18th day of January ,2005.
AYES:
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Resolution No. ~nn~_nna on file in my office and that said resolution
was adopted on the date and by the vote therein stated.
Dated this 18th day of January
,2005.
City Clerk, City of Lynwood