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