HomeMy WebLinkAboutResolution No. 3310237
RESOLUTION NO. 3310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SETTING A PUBLIC HEARING TO DETERMINE WHETHER A VIOLATION
OF THE TRACT MAP AT THE.MIDWOOD MANOR TOWNHOMES IN THE
CITY OF CYPRESS CONSTITUTES A PUBLIC NUISANCE AND
DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF,
AND SETTING A PUBLIC HEARING THEREON.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the Midwood Manor Townhouse Association is the owner of the
common property located within the townhouse complex on the northeast corner
of Cerritos Avenue and Bloomfield Street in the City of Cypress; and
WHEREAS, the approved Tract Map for the property designates that
northeast corner of the lot bordered on the north and east by single - family
residences as open space; and
WHEREAS, the aforementioned property is legally described as follows:
"Easterly 61 feet of the northerly 64 feet of Tract No. 5166 in the City of
Cypress, County of Orange, State of California, as shown on a map recorded in
Book 184, Pages 1 -4 of Miscellaneous Maps, records of said County. "; and
WHEREAS, the Association is currently using the back lot as a parking
lot in violation of the approved Tract Map; and
WHEREAS, the Association approached the Cypress City Planning Commission
following citizen complaints about said use in 1977 and presented a seven -
point agreement which was approved by the Planning Commission, the adjacent
neighbors, and the Association; and
WHEREAS, three of the seven items are not being complied with by the
Association. Said three items are:
A. Item 2: "A barricade shall be placed across the entrance to the
parking lot to ensure that the lot will not be used for parking
purposes until the City of Cypress Planning Commission issues an
order respecting the permitted use of this area. This was done on
March 8, 1977."
1. Approval was never granted and the barricade is not up.
B. Item 4: "The parking spaces shall be realigned within the lot so
that Midwood residents will be facing west and parking along the
west perimeter of the lot. In the past cars were parked facing
east and parked along the eastern fenced wall. One parking space
at the northwest corner of the lot shall be left empty so that
there shall be no parking along either the northern or eastern
fence boundaries."
1. Cars are parked on the north and east in violation of this
agreement.
C. Item 7: "The policy that no cars are to be repaired in this lot
shall be reiterated and an appropriate enforcement mechanism shall
be developed. Car repair in the lot has not been a problem of
late."
1. An amendment to the Association's C.C. & R. "s, Conditions,
Covenants, and Restrictions, regarding this item has not been
submitted to the City; and
WHEREAS, as a result of continuous and habitual violation by the
Association of the 1977 Agreement with the Planning Commission, the City has
no alternative but to consider the approved Tract Map as binding for the use
of that area; and
WHEREAS, the use of the open space as a parking lot violates the
approved Tract Map and the Code of the City of Cypress, Appendix I, "Zoning,"
Section 7(B) provides that ...any use of property contrary to the provisions
of this ordinance, shall be and the same hereby is declared to be unlawful and
a public nuisance per se. "; and
233 WHEREAS, the Code of the City of Cypress provides for the abatement of
public nuisances in Section 13 -13 to 13 -20 by the City if the property owner
after appropriate notice and following a public hearing on the matter fails to
do so. The Association was first advised of the violation by letter from the
City on August 28, 1987 and again on September 15, 1987. The City Attorney's
Office provided notice of the violation to the Association by letter dated
October 8, 1987.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cypress that:
1. The City Council sets November 23, 1987, at 7:30 p.m., in the City
Council Chambers located at 5275 Orange Avenue, Cypress, California, as the
fixed time and place for hearing and consideration of objections of all
property owners having any objections to the proposed abatement of said
nuisance; and
2. Continuing use of the open space at the Midwood Manor Townhouse
complex is a violation of the approved Tract Map and as such is a public
nuisance which may be abated by the Association by ceasing to use the open
space as a parking lot and sealing it off to vehicular traffic or by obtaining
approval by the City Council to amend the approved Tract Map to allow such
use; and
3. The 1977 Agreement with the Planning Commission may be complied
with by abating the violations as follows:
A. Item 2: Providing a chain with a lock or similar permanent
barricade to prevent vehicular traffic in the area until all
requirements are met.
B. Item 4: Striping the parking lot on the west side and
enforcing the parking regulations.
C. Item 7: Providing the City Planning Department with evidence
that the no car repair amendment has been added to the
Association's Conditions, Covenants, and Restrictions, and
that the Association's membership has been informed of this
amendment; and
4. The Director of Planning is designated as the public officer to
perform the duties imposed by this resolution and the City Clerk of the City
of Cypress is hereby directed to cause to be posted on the premises in a
conspicuous place a certified copy of this resolution and to cause to be
served upon the owner of the premises a certified copy of this resolution
with such service occurring through registered or certified mail addressed to
the owner at the last known address. This resolution shall be posted and
served at least 10 days prior to the public hearing.
5. The City Council of the City of Cypress declares to have said
nuisance abated if the property owner fails to do so.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 26th day of October 1987.
ATTEST:
CITY ��RR THE C1 OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
( MAYOE QP THE CI TY OF
CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 26th day of October 1987; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
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CITY CL C OF CYPRESS