Off Docket - CA Bus Club (Wallace) Zoning Violationt,. ,ri_
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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:
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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.
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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
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MCDOUGAL, MELOCHE. LOVE & ECKIS
A PROFESSIONAL CORPORATION
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ATTORNEYS AT LAW
FOUR SIXTY NORTH MAGNOLIA
DRAWER 1466
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EL CAJON, CALIFORNIA 92022-1466
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(619) 440 -4444
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Attorneys for City of Poway
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN DIEGO
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THE CITY OF POWAY, a Municipal )
corporation, ) Case No.
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)
Plaintiff, )
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) STIPULATION FOR ENTRY
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VS. ) OF JUDGMENT
FRED WALLACE, individually and )
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doing business as CALIFORNIA )
BUS CLUB, and DOES I through )
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X, inclusive, )
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Defendants. )
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)
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The parties hereto do hereby stipulate. as follows:
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1. FRED WALLACE is the tenant of real property located
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at 14225 Garden Road, Poway, California. At the time of the
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execution of this Stipulation there is being operated on that
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property by FRED WALLACE a bus storage and maintenance facility
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in violation of the Zoning Development Code of the City of Poway.
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Said use as conducted is illegal in that it is being conducted
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without a Conditional Use Permit required the Zoning Development
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Code. By the terms of the Poway Municipal Code said use
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constitutes a public nuisance in that it is being conducted in
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APR 1 1986 ITEM 16
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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
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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
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APR 1 3986 ITEM 16