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Item 24.1 - CUP 88-22 DR 88-31 James Sullivan ..iGENDA REPORT CITY OF POW A Y - ({ This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. ****************************************************************** 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City Council upheld the determination of the Director of Plannin~ Services that Conditional Use Permit 88-22 had been rescinded.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: 1 of 3 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or are violated the Director of Planning Services shall so advise the applicant that the approval of the CUP is deemed rescinded and no longer in force or effect and that the use must be terminated immediately.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. 2 of 3 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 3 of 3 JUN 131989 ITEM 24.1