Res P-87-57NO. P-87-'~57
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
DENYING USE PERMIT 87-05
AND REVIEW 87-10
~ PARCEL NUMBER 317-473-05
Conditional Use Permit 87-05 and Review
87-10 by Jim request for
vehicle towing yard in the CG ( General) zone
which is located at 13119 Bowron Road.
on July 7, July 21, 1, 15, and
October 13, 1987, the City Council held public on the
item, the last three being 'public
at the request of the in order to prove legal
access to the and review of a
use permi[.
NOW,
the City Council does hereby resolve as
Section 1: Findi~ :
Use Permit
That the size, design, and
of the use may not be made
with uses without legal access to
the site; that the'site is 200 feet south of Poway Road
in the zone and Policy 12.c under the Land
Use Element of the General Plan that general
uses and such as
services and
retail stores should be along Poway Road.
The City is a plan for Poway Road
that will include design and specify uses
that will ~ the area to Poway Road.
This parcel is in the P~way Road plan
area. However, without legal access the City cannot
approve the use.
That public ~° . , and are not
to the site in that the has not
proved the of legal access to the site.
There will be harmful effect upon
in that the project
to take access over the
to the south over the of the owner
of'that and the iegal right to take
such access.
Page 2
P-87-57
o
That the of traffic will adversely impact
the streets and/or the City's
Element in the absence of legal access.
That the site would be for the type and
of use or which is only
if legal access were the vehicle towing
use were a use of the site, and the
of could be by further
public hearing which would ensure with City
codes and the General Plan.
That there would be harmful effects upon
quality ~nd natural unless
legal access and of were
by further public hearing and
with.
1. That without legal access and of
the is not in
Poway General Plan;
with the
o
That without legal access and of
the will have an adverse
health, safety, or y related
impact upon
That without legal access and of
the is not in with the
Zoning in that all are
not met; and
That without legal access and of
the does not the
orderly and of
within the City.
and
Section 2: F
The is exempt from review under
the of Quality Act and
the City of Poway to CEQA, and a
Class 3 has been issued.
Section 3: C [
The has been ample time within which
to prove that the site has legal access to a
public street. The adjoining property owner denies the
No. P-87-57
Page 3
of an in favor of the
across the which the
to use. The
a title report' which
exists, and
and does
the site,
review cannot
site
owner has
that no such
lessor
in public October 13, 1987, that the
to use would have to be
in litigation on the basis of adverse use
not y exist. Without legal access to
the use permit and be
In the event that legal access is or is
by any court of to be
, no vehicle towing business shall be
operated upon the site without an
review and use permit first by the
after further public hearing as by
law. Any of such development review and
use permit shall be granted only if it can
be in such ways as to make the use
with uses, with the
General Plan, and to all state laws and
local
3 o
The use y being made of the site by the
without a use permit is
and shall be
Use Permit 87-05 and Review 87-10 are
hereby denied. This is final. Judicial review of
this is governed by the of Code of Civil
Section 1094.6. Such review must be
within ninety (90) days of the date of hereof.
Poway,
ATTEST:
and ADOPTED by the City Council of the City of
State of this 20th day of October, 1987.
Bru~~
/
City Clerk
Page 4
No. p-87-57
STATE OF )
COUNTY OF SAN DIEGO )
I, K. City Clerk of the City of Poway,
do hereby c~rtify, under the penalty of perjury that the
No. P-87-57 , was duly adopted by the City
at a of said City held on the 20th day of
October , 1987, and that it was so adopted by the
vote:
AYES: , KRU~, TARZY
NOES: NONE
NONE
ABSENT: EMERY, BRANNON
Cit~ o? Poway
City Clerk
CUP/RES.PWY(kpm)