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Res 84-027RESOLUTION NO. 84-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE ABATEMENT OF THE PRODUCE STAND AT THE SOUTHWEST CORNER OF HIGHWAY 67 AND POWAY ROAD WHEREAS, The City Council of the City of Poway held a public hearing on March 27, 1984 to consider an appeal from an administrative decision that the produce stand at the corner of Highway 67 and Poway Road is illegal and is being operated in violation of Section 6.0.2I of the Zoning Development Code and Section 21.501 - 21.512 of the Poway Regulatory Ordinances; and WHEREAS, that hearing was continued to May 1, 1984 at the request of the owner's attorney; and WHEREAS, no evidence has been presented to indicate that the use is not in violation of the specified ordinances. NOW, THEREFORE BE IT RESOLVED by the Poway City Council as follows: Section 1: e Findings: The present operation of the produce stand owned by Mr. James J. Risser is in violation of Section 6.0.2I of the Zoning Development Code and Section 21.501 - 21.512 of the Poway Regulatory Ordinances and constitues an illegal use. Prior to the effective date of Section 6.0.2.I of the Poway Zoning Development Code, October, 1983, appellant's use of the property was not lawful under the then effective ordinance and is therefore not now a legal nonconforming use in that: Prior to the effective date of that section a solicitor's permit for the sale of produce from that site was required but not obtained by the appellant. Be Prior to the effective date of that section the produce being sold on the site was not being grown on the site or on other property owned or leased by appellant and was therefore illegal under the prior ordinance. Prior to the effective date of that section products other than agricultural produce were being sold from the site in violation of the then effective ordinance. Such illegal sales continue as of this date. 3. The operation of the stand shall be terminated and all evidence of its existence removed within forty-five (45) days. Resolution No. 84-027 Page 2 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 1st day of May, 1984. ATTEST: Robert C. Emery, D~~ ..... ~ Mar'j6r~K. Wahlsten, City Clerk