Item 13 - Recordation of Notice of Violation David and Marilyn Gillispie
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AGENDA REPORT SUMMARY
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TO: Honorable Mayor and Members of the City Council
FROM: J...s L. Bowersax, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager Jl
Reba Wright-Quastler, Director of Planning Services ~
DATE: July 11, 1995
SUBJECT: Recordation of a Notice of Violation on Parcel 3 of Parcel Map 4857, City of
Poway, County of San Diego; David and Marilyn Gillispi., OWners
ABSTRACT
Request for permission to proceed to file a Notice of Violation for failure to obtain a
Conditional Use Permit for the operation of a horse boarding facility and to rectify the
existing grading violation.
ENVIRONMENTAL REVIEW
This action is categorically exempt WAder the provisions of the California Environ.ental
Quality Act, Class 21, Enforcement Actions by Regulatory Agencies.
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FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been sent to David and Marilyn Gillispie.
RECOMMENDATION
It is recommended that the City Council:
1) Adopt the resolution Ordering the Recordation of a Notice of Violation on Parcel
Map 4857, City of Poway, County of San Diego.
2) Direct the City Clerk to record the Notice of Violation in the Office of the
County Recorder of San Diego.
ACTION
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E:\CITY\PLANNING\REPORT\GILLESPI.SUM
1 of 9 JUL 11 1995 ITEM 13 I
- AGENDA REPOkf
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: John D. Fitch, Assistant City Manager ~
Reba Wright-Quastler, Director of Planning Services
Marijo Van Dyke, Associate Planner
DATE: July 11, 1995
SUBJECT: Recordation of a Notice of Violation on Parcel 3 of Parcel Map
4857, City of Poway, County of San Diego; David and Marilyn
Gillispie, Owners.
APN: 321-111-10
BACKGROUND
The subject property is located at 14875 Mina de Oro Road, also known as Rocky
Mountain Ranch. Access to the 15-acre site is taken from Poway Road grade,
opposite Eucalyptus Heights Road, in the RR-A area.
The property owners have conducted a horse boarding operation on the subject lot
since 1985 and to the present. Mr. Gillispi e is quoted as sayi ng that the
business has been built froa seven horses (personal property) originally moved
to the site during construction of their home in 1984, to keeping over 60 horses
by the late 1980's.
Along with the boarding operation, the owners have conducted a filling and
grading on the property over a period in excess of eight years. There have been
repeated notices given by City staff, but recent observations confirm that this
practice continues to the present. The fill slope created contains thousands of
cubic yards of uncompacted fill material, which includes broken concrete, rock,
and other debris. There is also reason to suspect that manure from the boarding
operation is buried within the slope, along with possibly household garbage.
In July, 1983 the Gillispie's received a temporary use permit to place a new
1,440 square-foot mobile home on the property during the construction of their
residence. It was installed on piers, and connected to a separate septic system.
The mobile home was never removed.
ACTION:
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Agenda Report
- July 11, 1995
Page 2
FINDINGS
A mobile home may be approved for a second living unit on a residential lot
provided that it meets the following criteria:
1. The living area is no more than one-quarter of the size of the main house.
2. The unit is less than ten (10) years old and has exterior finish materials
which would normally be found on a hause; siding, standard roofing.
3. The unit is installed on a permanent foundation.
4. A covered parking space is constructed for this unit.
5. The unit is not rented or leased separately from the main house.
The building does not conform to the criteria listed above. The building permit
records indicated the main house size to be 2,911 square feet which would permit
a second living unit containing a aaximwa living space of 728 square feet. The
mobile hOllle was placed on a pier support system, which is not a permanent
foundation. .
Numerous attempts have been IIide by City staff to remedy the situation regarding
the horse boarding operation, the illegal filling and grading, and the second
living unit. The owners have started to comply once or twice and then stopped.
It is necessary to record a Notice of Violation (Attachment B) to serve notice
to the public that the filling and grading, operation of the horse boarding
facility, and the keeping of a second living unit are in violation of the City's
grading and zORing ordinances.
Filling illd grading of the property without a City permit which involved
earthwork movement or more than 50 cubic yards is a violation of the City grading
ordinance (City Code Chapter 16.40). Operation of a harse boarding facility
without benefit of a conditional use permit is a violation of the City zoning
ordinance (City Code Chapter 17.08.110.D). Keeping of a mobile hOllle for use as
a second living unit without benefit of a conditional use permit is a violation
of the City zoning ordinance (City Code Chapter 17 .08.100.C.1 D.. and
17.08.190.C.1 I.)
ENVIRONMENTAL REVIEW
This action is categorically exempt under the provisians of the California
Environmental Quality Act, Class 21, Enforcement Actions by Regulatory Agencies.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
- A copy of this report has been sent to David and Marilyn ;illispie.
JUL 11 1995 ITEM 13 .
3 of 9
Agenda Report
July 11, 1995
Page 3
RECOMMENDATION
It is recommended that the City Council:
1. Adopt the reso 1 ut ion Orderi ng the Recordat i on of a Not i ce of
Violation on Parcel 3 of Parcel Map 4857, City of Poway, County of
San Diego.
2. Direct the City Clerk to record the Notice of Violation in the
Office of the County Recorder of San Diego.
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Attachments:
A. Vicinity and Location Map
B. Notice of Violation
C. Resolution Ordering Recordation
E:\CITY\PLANNING\REPORT\GILLISPI.AGN
4 of 9 JUL 11 1995 rTEU 13
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Vicinity Map
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NOTICE OF
VIOLA TION
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5 of 9 ATTACHMENT A JUll1 1995 ITEM 13 \
RECORDING REQUESTED BY: )
)
CITY OF POWA Y )
)
AND WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No transfer tax due ) (This SO ace for Recorder's Use)
Tax Parcel No. 321-111-10
NOTICE OF VIOLATION
The Directors of Engineering Services and Planning Services have determined that
the property described below has been filled and graded, in violation of the City
Grading Ordinance (Title 16, Division 111, commencing at Section 16.40, et seq.
respectively of the Poway Municipal Code).; and
The Director of Planning Services has determined that a 1,440 square foot mobile
home has been kept on the property described below as a second living unit,
without benefit of a conditional use permit, in violation of the City Zoning
Ordinance (Title 17, Chapter 17.08.190.C. of the Poway Municipal Code); and
That a horse boarding facility keeping lOre than 10 horses on the property
described below, which is lOre than one acre in size and located within the RR-A
zone, is being conducted on the property without benefit of a conditional use
permit, in violation of the City Zoning Ordinance, (Title 17, Chapter
17.08.110.0. and 17.32.010.B. respectively of the Poway Municipal Code).
PROPERTY DESCRIPTION
Parcel 3 of Parcel Map 4857, in the City of Poway, County of San Diego.
VIOLATIONS
1. Filling and grading of the subject property without a City permit.
2. Keeping of a mobile home as a second dwelling unit on the property without
a conditional use permit.
3. Conducting a horse boarding facility on the subject property without a
conditional use permit.
EXPUNGEMENT OF NOTICE OF VIOLATION
The City could expunge the Notice of Violation from the record if the following
items are accomplished:
6 of 9 ATTACHMENT B JUL 11 1995 ITEM 13
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- A. A grading permit is obtained through the proper review process with the
City Engineering Services Department, and work is completed to the
satisfaction of the Director of Engineering Services.
B. A conditional use permit for the use of the property as a horse 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.
C. The mobile home is either permanently removed from the property, or a
conditional use permit and variance 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.
ENGINEERING SERVICES DEPARTMENT PLANNING SERVICES DEPARTMENT
Mark S. Weston, RCE 26847 Reba Wright-Quastler,PhD,AICP
Director of Engineering Services Director of Planning Services
DATE: DATE:
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7 of 9 ~Ll1~ REM 13
RESOLUTION NO.
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 ta comply with grading ordinance and zoning
ordinance requirements regarding the use of their property.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
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.
1. The City Council finds that recordation of the Notice of Violation
is warranted to serve notice to the public of the violations
cOllllllitted.
2. The City could expunge the Notice of Violation from the record if
all of the following items are accomplished:
A. 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.
B. A cond i t i ona 1 use permi t for the use of the property as a
gorse boarding facility is granted by the POWIY City Council
and all conditions of that approval are ..t to the
satisfaction of the Director of Planning Services.
8 of 9 ATTACHMENT C JUl 11 1995 ITEM 13 ~
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Resolution No.
Page 2
C. The mobil e 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.
Don Higginson, Mayor
ATTEST:
- Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
, was duly adopted by the City Council at a meeting of said City Council
held on the day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Marjorie K. Wahlsten, City Clerk
City of Poway
9 of 9 JUL 11 1995 ITEM 13 ~
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