Res P-11-15RESOLUTION NO. P -11 -15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
TERMINATING THE NONCONFORMING USE STATUS
OF A COMMERCIAL BUSINESSES LOCATED AT 16616 ESPOLA ROAD
IN THE RURAL RESIDENTIAL C ZONE
ASSESSOR'S PARCEL NUMBER 275 - 332 -28
WHEREAS, a nonconforming use is one which was lawfully established, but is
no longer permitted in the zone in which it is located due to a change in zoning
boundaries or standards: and
WHEREAS, Poway Municipal Code (PMC) Chapter 17.44 governs the subject of
nonconforming uses in the City of Poway, and
WHEREAS, one of the purposes of PMC Chapter 17.44 is to promote the public
health, safety and welfare by supporting the orderly development of surrounding land
uses, prohibiting or limiting nonconforming uses or structures, and establishing criteria
for when nonconforming uses or structures can be modified or must be corrected or
removed; and
WHEREAS, the subject business, located at 16616 Espola Road, is classified as
a nonconforming use as the site supports a commercial real estate office located in the
Rural Residential C zone; and
WHEREAS, PMC Chapter 17.44.040B provides a 15 -year amortization period at
the end of which time a nonconforming use of a conforming structure within any
residential land use zone shall be discontinued, altered to conform, or removed; and
WHEREAS, City Ordinance 462, which became effective on June 21, 1996,
amended PMC Chapter 17.44 and started the 15 -year amortization period for the
abatement of the nonconforming use on the subject property; and
WHEREAS, the 15 -year abatement period of the subject nonconforming use will
terminate on June 21, 2011; and
WHEREAS, the subject business has requested a time extension on the
termination date to July 25, 2011; and
WHEREAS, beginning in 2007, the City has annually sent letters to the property
owner reminding them of the nonconforming use termination date; and
WHEREAS, on May 17, 2011, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to the termination
of the nonconforming use, pursuant to PMC Chapter 17.44.
Resolution No. P -11 -15
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1 : This action is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guideline 15061(b)(3), because there is no possibility that
this activity will have a significant effect on the environment.
Section 2 : The City Council finds that the use of the business at 16616 Espola Road
is considered a nonconforming use as the site supports a commercial real estate office
located within a residential zone and pursuant to PMC Chapter 17.44. is subject to the
15 -year amortization period provided in this Chapter.
Section 3 : The City Council hereby terminates the legal nonconforming use status of
the commercial real estate office located at 16616 Espola Road, APN 275 - 332 -28
effective July 25, 2011. As a result of this action, all existing commercial use of the site
shall cease and all future use of the property shall be limited to those uses identified in
PMC Chapter 17.08 (Residential Zones). The re- establishment of a real estate office or
any other commercial use at that location is prohibited.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 17th day of May 2011.
Don Higginson, Mayor
ATTEST:
d MMC, City Clerk
Resolution No. P -11 -15
Page 3
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 11 -15, was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of May 2011, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a /A Troyan, MMC, City Clerk
7 f Poway