HomeMy WebLinkAboutResolution 63-84 RESOLUTION NO. 63 - 84
fir+' RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO DENYING THE APPEAL OF DONALD
K. VAUGHN TO THE DETERMINATION OF THE
DIRECTOR OF PLANNING WITH RESPECT TO THE
PREMISES AT 4511-4519 MANANITA AVENUE,
ATASCADERO.
WHEREAS, Donald K. Vaughn filed an appeal with the
City Clerk on December 10, 1984 from the action of Henry Engen,
Director of Planning, for the City of Atascadero in connection
with the grading permit relative to 4511-4519 Mananita Avenue,
Atascadero; and
WHEREAS, a public hearing on said appeal has been
scheduled before the City Council to consider said appeal at
3 : 30 P.M. on Friday, December 21, 1984 in the Rotunda Room of
the Administration Building; and
NNW WHEREAS, the Council of the City of Atascadero finds
as follows:
1. The Planning Director, City Engineer, Consulting
City Engineeer and other City staff have been working since
August 27, 1984 with the appellant and his engineer to seek
a solution to the improper grading conducted on appellant' s
property on 4511-4519 Mananita Avenue, Atascadero; and
2. There have been numerous neighborhood complaints
of erosion, siltation and property damage resulting from
appellant' s grading fill activity.
3. The granting of the original grading permit
number 1814 was done in violation of the Atascadero Municipal
Code provisions Title 8, Building Regulations, Chapter 1,
err`
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Section 303 (c) , (d) , and (e) , of the Uniform Administrative Code
in that such permit was issued on the basis of erroneous information v,
submitted to the City Building Department.
4. Irrevocation of permits granted under Title 8
may be revoked pursuant to the aforesaid provisions of Title
8 as cited.
5. Said building permit number 1814 was revoked on
October 12, 1984 in accordance with the aforesaid Section.
6. The City Council finds and determines that said
grading permit was issued at variance from the requirements of
the Municipal Code.
7. The appellant' s original grading permit granted
on November 11, 1983 did not comply with the ordinance require-
ments for completion of work.
8. That appellant did not seek timely relief as required
by Section 1. 103 of the Municipal Code relating to appeals but
that the Council granted appellant' s hearing nevertheless.
9. A revised grading permit number 1814-R has been
awaiting appellant' s acceptance at the City Hall since October 22,
1984.
10*. The Planning Director did not exceed his authority
in revoking grading permit number 1814 pursuant to the provisions
of the Municipal Code; and
WHEREAS, the City Council has reviewed appellant' s
notice of appeal dated December 10, 1984, staff reports relating
to the matter, supplementary materials, and public testimony
before the City Council on this matter. *4010
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NOW, THEREFORE, the Council of the City of Atascadero
does resolve as follows:
Section 1. APPEAL DENIED. The appeal of Donald K.
Vaughn to the action taken by Henry Engen, Director of Planning
for the City of Atascadero, with respect to the condition of the
grading and drainage on said property and his refusal to issue
a permit for grading until a grading and drainage plan satisfactory
to the Planning Department has been presented, is denied.
Section 2. DECLARATION OF INTENTION. The Council
hereby declares its intention to proceed in accordance with the
provisions of Section 7004 of the Uniform Building Code, adopted
by reference by the Atascadero Municipal Code, to authorize and
direct the City Manager to cause the repair, construction, '
or other elimination of the aforesaid hazardous condition to be
made and to cause the cost thereof to be levied, assessed, and
collected as a special assessment to the property.
Section 3. NOTICE OF TIME AND PLACE FOR HEARING.
Notice is hereby given that the 14th day of January, 1985, at the
hour of 7: 30 o'clock p.m. of said day, in the Council Chambers of
the Administration Building in the City of Atascadero, is hereby
fixed as the time and place for considering said matter, at which
time and place any person having an interest in said property and
having any objection to the proposed elimination of said hazardous
condition may appear before the Council and show cause why such
condition should not be corrected.
Section 4. NOTICE. The City Clerk shall cause 'a copy
of this Resolution to be mailed by certified mail, postage prepaid,
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a C'Sir {
to the owner of the property affected at his last known address,
and to each holder of any security interest in the real property
at least ten (10) days prior to the date above set for the hearing,
all in conformity with said Section 7004 of the Uniform Building
Code.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Atascadero, California, held on the
21st day of December , 1985.
CITY OF ATASCADERO, CALIFORNIA
By
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ROLFE 15. N LSON, Mayor
ATTEST:
GEORGIA RPAIREZ, beputy ty Clerk
APPROVED AS TO CONTENT:
c
RALPH H. DOWELL, JR. , Acting City Manager
APPROVED AS TO FORM:
1
ALLEN GRIMES', City Attorney
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