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Off Docket - CA Bus Club (Wallace) Zoning Violationt,. ,ri_ r* tea ►■ �;■����� NA ����_ CITY OF POWA.Y O F F D O C K E T TO: Honorable Mayor and Members of the City Council FROM: Stephen M: Eckis, City Attorney DATE: April 1, 1986 SUBJECT: California Bus Club (Wallace) Zoning Violation 14225 Garden Road Backg ouDd: A For several months, Fred .Wallace dba California Bus Club has been operating a bus storage and maintenance facility at the above- referenced address in violation of the Zoning Development Code of the City of Poway. The use is not a use permitted by right in any zone within the City. The use is permitted by conditional use permit at the above - referenced property, which is zoned MS. However, after notice to apply for a conditional use permit, Mr. .Wallace, who leases the property, has elected not to apply for a CUP. The Code Compliance Officer, Bob Siebenthaler has closely monitored the use of this property and has been in contact with Mr. Wallace on several occasions. In December 1985, Mr_. Wallace was issued California Vehicle Code citations by the Sheriff's Department for the illegal parking of the buses. In March 1986, the City Attorney entered into an agreement with Mr. Wallace and his attorney., Dennis D. Burns, in the form of a Stipulation for Entry of Judgment, subject to the approval of the City Council. In conjunction with that agreement, criminal prosecution of the Vehicle Code citations has been dismissed. APR 1 1986 ITEM A The Stipulation for Entry of Judgment is very similar in form and content to the Stipulation successfully used by the City to terminate the Stoneridge Realty use. Mr. Wallace has been advised that the use cannot be continued at any location within the City of Poway without an approved conditional use permit. Mr. Wallace has indicated through his attorney that he intends to relocate his business outside of the City of Poway. The Stipulation provides Mr. Wallace approximately 75 days, until June 15, 1986, for the orderly relocation of his business. In the event that the use is not discontinued on or before that date, the Stipulation provides that a civil judgment may be obtained without further administrative or judicial proceedings, whereupon a writ of execution to compel termination of the use will immediately issue. The City Attorney has already executed the Stipulation, approving it as to form, subject to the approval of its substance by the City Council. It is recommended that the Stipulation for Entry of Judgment, hereto, and authorize the Mayor to behalf of the City. AGENDA.REP (BE) City Council approve the a copy of which is attached execute the Stipulation on APR 1 1986 ITEM 16 1 MCDOUGAL, MELOCHE. LOVE & ECKIS A PROFESSIONAL CORPORATION 2 ATTORNEYS AT LAW FOUR SIXTY NORTH MAGNOLIA DRAWER 1466 3 EL CAJON, CALIFORNIA 92022-1466 4 (619) 440 -4444 5 Attorneys for City of Poway 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 THE CITY OF POWAY, a Municipal ) corporation, ) Case No. 11 ) Plaintiff, ) 12 ) STIPULATION FOR ENTRY 13 VS. ) OF JUDGMENT FRED WALLACE, individually and ) 14 doing business as CALIFORNIA ) BUS CLUB, and DOES I through ) 15 X, inclusive, ) 16 Defendants. ) 17 ) 18 19 The parties hereto do hereby stipulate. as follows: 20 1. FRED WALLACE is the tenant of real property located 21 at 14225 Garden Road, Poway, California. At the time of the 22 execution of this Stipulation there is being operated on that 23 property by FRED WALLACE a bus storage and maintenance facility 24 in violation of the Zoning Development Code of the City of Poway. 25 Said use as conducted is illegal in that it is being conducted 26 without a Conditional Use Permit required the Zoning Development 27 Code. By the terms of the Poway Municipal Code said use 28 constitutes a public nuisance in that it is being conducted in -1- APR 1 1986 ITEM 16 B I violation of the Zoning Development Code. 2 2. A dispute has arisen between the parties hereto 3 with respect to the legal obligation of the defendant to 4 terminate all illegal use of said property. In settlement of 5 said dispute the parties hereto agree that the operation of the 6 bus storage and maintenance facility on said property may 7 continue until June 15, 1986, and no legal action will be taken 8 prior to that date by the City of Poway to terminate said use. 9 The parties further agree that on or before June 15, 1986, said 10 use and any and all other illegal uses upon said ,property conduc.tec 11 by defendant shall be terminated. 12 3. In the event that said bus storage and maintenance 13 facility use and any and all other illegal uses upon the property 14 are not terminated on or before June 15, 1986, the parties hereto 15 agree that judgment may be entered in favor of the City of Poway 16 and against defendant herein in accordance with the terms and 17 conditions of this Stipulation. Said judgment shall declare said 18 bus storage and maintenance facility to be an illegal use and 19 a public nuisance which the City of Poway shall be entitled to 20 abate immediately upon entry of judgment herein and charge the 21 costs of such abatement, including administrative costs and 22 attorney's fees., to defendant herein. 23 4. Defendant herein stipulates and agrees that the 24 bus storage and maintenance facility use on the subject property 25 shall not be enlarged or expanded between the date of execution 26 hereof and ,Tune 15, 1986. 27 5. This Stipulation and the judgment hereon attached 28 hereto and by reference made a part hereof, shall be filed in -2- APR 1 1986 ITEM 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this court without further administrative or judicial proceedings ' at any time on or after June 16, 1986, in the event that defendant fails to abide by all of the terms and conditions of this Stipulation. Dated: Jai0181� FRED WALLACf Dated: '5/ 2 -7 ! (j DENNIS D. BURNS, Attorney for Defendant Dated: CITY OF POWAY By: Dated: March 21, 1986 CARL R. KRUSE, Mayor STEP M. ECKIS, City Attorney for th ity of Poway -3- APR 1 3986 ITEM 16