Res P-11-16RESOLUTION NO. P -11 -16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
TERMINATING THE NONCONFORMING USE STATUS
OF A COMMERCIAL BUSINESSES LOCATED AT 13634 MIDLAND ROAD
IN THE RESIDENTIAL SINGLE FAMILY 2 ZONE
ASSESSOR'S PARCEL NUMBERS 317 - 111 -11
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 13634 Midland Road, is classified
as a nonconforming use as the site supports a commercial landscape business located
in the Single Family 2 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 Chapter 17.44 of the PMC 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, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Resolution No. P -11 -16
Page 2
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 13634 Midland Road
is considered a nonconforming use as the site supports a commercial landscape
business 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 landscape business located at 13634 Midland Road, APN 317 - 111 -11
effective June 21, 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 landscape business
or any other commercial use at that location is prohibited.
PASSED, ADOPTED AND GRANTED by the City Council of the City of Poway,
State of California, this 17th day of May 2011.
Don Higginson, Mayo
ATTEST:
Resolution No. P -11 -16
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 -16, 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
0 A. Troyan, MMC, City Clerk
of Poway