HomeMy WebLinkAbout11/07/1990, C-13 - RESOLUTION FOR SETTING PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHO �I�^IgI� IIIIIII�I�II�IIU MEETING DATE:
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COUNCIL AGENDA REPORT MEM NUMBER: ./
FROM: Arnold Jonas, Community Development Director ig
Prepared by: Rob Bryn, Zoning Investigator
SUBJECT: Resolution for setting Public Hearing to determine
existence of public nuisance and to abate in whole
or in part, at 1756 Monterey Street.
CAO RECOMMENDATION
Adopt resolution of intention to hold a public hearing on December
4, 1990 for the purpose of determining if a public nuisance does
exist.
DISCUSSION
This report summarizes the history of enforcement actions by the
City relating to various health, safety and welfare concerns that
date back to 1962. The report also speaks to numerous complaints
both orally and in writing received about the unkempt conditions
present on site.
Data Summary
Address: 1756 Monterey Street
Owner: Robert B. & Iva R. Wilcox
Business: Bob's Beacon Service/Bob's Tire Service
Zoning: C-T
Land Use Element Map: tourist-commercial
Site Description: A 9,792 square foot triangular corner lot at the
intersection of Monterey Street, Grand Avenue, and Palm Street
developed with an older metal service building, gas pump islands
with canopy.
Background
The business, known as Bob's Beacon Service, was originally
established at it's present location by Planning Commission Use
Permit Resolution No. 67-62 on April 3, 1962. The resolution
allowed a service station in a C-2 zone, with the use permit
indicating the business must be operated as a service station. Mr.
Robert B. Wilcox was the applicant for the original permit and
currently owns and operates the business.
Staff has reviewed both Fire Department and Community Development
files. The files reflect fire code violations dating from 1971
dealing with storage of combustibles, debris and weeds. The gas
pumps are no longer operational after being ordered out of service
by the Fire Department in May 1990.
No designated on site parking is available due to tire and debris
storage. No permits exist for the current signage. The free
standing sign at the north end of the property is damaged with Page
►�HIIII ����I�U city of Sart Luis OBISpo
COUNCIL AGENDA REPORT
Page 2 -- Resolution of Setting Public Nuisance Hearing
parts missing. The owner has been served two notices to correct a
total of twelve separate violations since September 4, 1990 with
little or no visible results.
It appears that Mr. Wilcox changed the name and type of business
in 1988 from a service station .to a tire dealer. Tire dealers are
not allowed in the C-T zone. . The change was discovered by the
Finance Dept. during routine audit procedures. Review of local
advertising and subsequent follow-up determined Bob's Beacon
Service was now being operated- as Bob's Tire.
No current business license exist for either business and no record
of-.sales tax payment since 1983.
RECOMMENDATIONS
Adopt resolution setting a public hearing on December 4, 1990 to
determine existence of a public nuisance and to abate in whole or
in part.
ATTACHMENTS
Draft resolution
Vicinity map
C'-✓3-�
RESOLUTION NO.
OA RESOLUTION OF INTENTION TO HOLD A PUBLIC
HEARING TO DETERMINE IN A PUBLIC NUISANCE EXISTS
AT 1756 MONTEREY STREET, IN THE CITY OF SAN LUIS OBISPO
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. That the Council hereby determines that the public 'interest,
necessity and welfare require that a public hearing be held to
determine if a public nuisance does exists at the commercial
property located at 1756 Monterey Street, Block g; abandon Park
Street, (between Monterey and Palm) ; and a portion of Lot' 1, Block
136 as shown on the Phillips Addition to San Luis Obispo as
recorded in Book A of Maps at page 49, in the Office of the San '
Luis Obispo County . Recorder and identified as Assessors Parcel
Number 001-142-008.
2. That on December 4, 1990 at 7:00 P.M. in the Council Chambers
of the City Hall, 990 Palm .Street, San Luis Obispo, California, is
the time and place set for public hearing on said matter, and
notice thereof shall be made consistent with the procedures
outlined in section 8.24.170 Municipal Code.
O3. That the subject of the hearing will be to:
A. Determine if the tires, debris, signage, collapsed fencing,
structures, racks, boxes, auto parts, wheels and other items
associated with the use, constitute a public nuisance; and
B. Establish methods for abating alleged nuisance; methods may
include removal of all debris, auto or other parts, boxes, wheels,
weeds, vending machine, storage racks, filling of holes to cover
exposed fuel lines, repair or rehabilitation as deemed necessary
by authorities having jurisdiction, up to and including the
demolition of signs, structures, storage tanks and associated
items, which may be exposed as the action continues.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1990.
X13•.
Resolution No. (1990 Series)
Page 2
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
APPROVED:
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Community Devto went Director
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