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Item 13 - Recordation of Notice of Violation David and Marilyn Gillispie - - AGENDA REPORT SUMMARY - 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. ~ 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 - 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: _. - 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. JLB:JDF:RWQ:MVD:kls 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 - - ,- Vicinity Map ~o ~ 0 ~ ~ SITE, al al c: "0 ~ Q. f',o8. III poW8.'J ~ - NOTICE OF VIOLA TION - 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 - - - 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: - - 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 ~ - - 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: ---- Marjorie K. Wahlsten, City Clerk City of Poway 9 of 9 JUL 11 1995 ITEM 13 ~ - - .. -~ f: I V' C 0 ~ISTRIBU' t~ ~'fJI.i 19V JUl 6 1995 ~ s / , "liNING DEPT. C2:, ?/~ 7/d~/v -?~//~ ;r/2- ~ ho/:-cJ J . J) .~/ ./ (?~{./ / 4-?z.c7 ?L ~ ~ PIS ~JJ~~~n//0F tfu- f-//-C7cfO ,~~x-a/' , , /, ::) ~.M-t~ CR.-~-~~ ~ a /J'U-.. ,Jo z;/u- CJ ~~ ~ 0~ r~ f2v)~ ~"7f~ ~ ~ C<.-/ ~ .. 2 ~~r~~~~" /.'~ U ~}1-c:k~~.c;f~ ~~ ~'_ 3. ~ ftd :3 /UL?f tPL, /lV!c.~ /: ~y "'~"Uj a::taJi duJT-'fL / r ~/ ~ nuf 1 U-U.T/'- 'I 'u ~ ~ . (! ~ ...j ~) , , m~~~ \ 1 - t: -i' all _ ITEM 13 I