Res 95-079RESOLUTION NO. 95-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ORDERING THE RECORDATION OF A NOTICE OF VIOLATION ON PARCEL 3
OF PARCEL MAP 4857, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO
WHEREAS, the City Council, in order to serve notice to the public of the
violations committed under the provisions of the City Grading and Zoning
Ordinances, desires to record a Notice of Violation in the Office of the County
Recorder of San Diego; and
WHEREAS, commencing in 1985, the property owners started filling and
grading work, on a portion of Parcel 3 of Parcel Map 4857, in the City of Poway,
County of San Diego without obtaining the necessary City of Poway permit; and
WHEREAS, the owners completed their main residence in January of 1985, were
issued a certificate of occupancy for the residence, but retained a mobile home
on the property which constitutes a second living unit, without obtaining a
conditional use permit; and
WHEREAS, the property owners have conducted a horse boarding operation on
the property without obtaining a conditional use permit; and
WHEREAS, the City notified the property owners numerous times to prepare
a grading plan and cease the fill operation until any required remedial work was
completed; and
WHEREAS, the property owners failed to heed the City's order to cease this
activity; and have otherwise failed to comply with grading ordinance and zoning
ordinance requirements regarding the use of their property.
NOW, THEREFORE, the City Council does hereby resolve as follows:
~ction 1: Environmental Findinqs:
The subject action is exempt under the provisions of the California
Environmental Quality Act, Class 21, as this is an Enforcement Actions by
a Regulatory Agency.
The City Council finds that recordation of the Notice of Violation
is warranted to serve notice to the public of the violations
committed.
The City could expunge the Notice of Violation from the record if
all of the following items are accomplished:
A grading permit is obtained through the proper review process
wit the City Engineering Services Department, and all remedial
work is completed to the satisfaction of the Director of
Engineering Services.
Be
A conditional use permit for the use of the property as a
gorse boarding facility is granted by the Poway City Council
and all conditions of that approval are met to the
satisfaction of the Director of Planning Services.
Resolution No. 95-079
Page Z
The mobile home is either permanently removed from the
property, or a conditional use permit and variance (for an
oversized second living unit) are obtained to permit it to
remain on site; and provided that it is installed on a
permanent foundation, a two-car garage is constructed for the
unit, and that no other living units other than the main house
are kept on the property.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of July 1995.
ATTEST:
Marjorie~K. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
95-079 , was duly adopted by the City Council at a meeting of said City Council
held on the 11th day of July , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, REXFORD, HIGGINSON
NONE
NONE
CALLERY, EMERY
Marjori~ K. Wahlsten, City Clerk
City .~0f ~oway