Item 24.1 - CUP 88-22 DR 88-31 James Sullivan
..iGENDA REPORT
CITY OF POW A Y
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INITIATED BY:
Honorable Mayor and Members of the City Council
. t,
James L. Bowersox. City Mana~e~
Reba Wri~ht-Quastler, Director oPPlannin~ Services~
TO:
FROM:
DATE:
June 13, 1989
SUBJECT:
Conditional Use Permit 88-22 and Development
Review 88-31 - James Sullivan. Applicant
On June 6. 1989 the City Council upheld the determination of the
Director of Plannin~ Services that Conditional Use Permit 88-22 had
been rescinded. The City Attorney has requested that this action
be confirmed by adoption of the attached draft resolution.
RECOMMENDATION
It is recommended that the City Council adopt the attached
resolution confirmin~ June 6. 1989 action.
JLB:RWQ:is
A-6-13.1
r ACTION:
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JUN 13 1~Q9 ITEM 24.'
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING APPEAL OF AND UPHOLDING RESCISSION OF
CONDITIONAL USE PERMIT 88-22 AND
DEVELOPMENT REVIEW 88-31
WHEREAS, on January 31, 1989 the City Council adopted Resolu-
tion P-89-14 approving Conditional Use Permit 88-22 and Development
Review 88-31 allowing a vehicle storage and towing business at
13119 Bowron Road sub,iect to conditions contained in said
resolution; and
WHEREAS, Condition lOf of Resolution P-89-14 provided that:
In the event that any of the above conditions of
approval are not timely complied with or are violated
the Director of Planning Services shall so advise the
applicant that the approval of the CUP is deemed
rescinded and no longer in force or effect and that
the use must be terminated immediately.
and
WHEREAS, various conditions of approval including Condition 3
(requiring asphalt paving in all areas where vehicles were to be
parked. stored. or driven) and Condition 1 (requiring perimeter and
parking lot landscaping to be installed) were not timely complied
with; and
WHEREAS. the Director of Planning Services notified the appli-
cant on May 25, 1989, by hand-delivered letter. that the conditions
had not been timely complied with and that the CUP was deemed
rescinded and no longer in force; and
WHEREAS, the City Council. on June 6. 1989. heard the appli-
cant's appeal of the determination of the Director of Planning
Services; and
WHEREAS, the development review approved as DR 88-31 was to
permit use of an office for the automobile towing and storage busi-
ness permitted by Conditional Use Permit 88-22 and would not be
suitable for use by other uses permitted in the CG (Commercial
General) zone.
NOW. THEREFORE, the City Council does hereby resolve as
follows:
1. That the applicant has failed to complete conditions of
approval of Conditional Use Permit 88-22 and Development
Review 88-31.
2. That the determination of the Director of Planning Services is
hereby upheld and that Conditional Use Permit 88-22 and Devel-
opment Review 88-31 are rescinded and not longer in force or
effect.
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JUN 131989 ITEM 24.1
Resolution No.
Pa,<te 2
3. That the use of 13119 Bowron Road for vehicle towin,<t and
storage is not permitted and must be terminated immediately.
APPROVED and ADOPTED by the City Council of the City of Poway.
State of California. this 13th day of June, 1989.
Carl R. Kruse. Mayor
ATTEST:
Marjorie K. Wahlsten. City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I. Marjorie K. Wahlsten, City Clerk of the City of Poway. do
hereby certify. under the penalty of perjury. that the foregoing
Resolution, No._ . was duly adopted by the City Council at
a meeting of said City Council held on the day of
, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten. City Clerk
City of Po way
R-6-13.1.2
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JUN 131989 ITEM 24.1