HomeMy WebLinkAboutAGENDA REPORT 1993 0106 CC REG ITEM 08GITEMS G
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MOO RPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529- 6864RK, CAL, c::,:.,
AGENDA REPORT ti
/Coounncil Meeng
199-3
TO: The Honorable City Council ACTION:
FROM: Jaime Aguilera, Director of Community Developmen
Prepared by Paul Porter, Senior Planner
DATE: December 8, 1992 (CC meeting of January 6, 1993)
SUBJECT: IPD 90 -7 THROUGH 13
(MINOR MODIFICATION
CONDITION NO. 42
Background
AND 91 -1 THROUGH 3 - MOORPARK WEST
NO. 1) TO REMOVE PERFORMANCE BOND
On October 16, 1991, the City Council adopted Resolution No. 91 -809
approving IPD -90 -7 through 13 and 91 -1 through 3 on the application
of Moorpark West and Murray Siegal subject to compliance to the
Conditions of Approval. The approval was for the following
industrial buildings:
IPD Permit
Lot Size
Building
Size
90 -7
58,930
sq.
ft.
21,256
sq.
ft.
90 -8
20,219
sq.
ft.
7,704
sq.
ft.
90 -9
17,955
sq.
ft.
6,797
sq.
ft.
90 -10
15,171
sq.
ft.
4,911
sq.
ft.
90 -11
29,953
sq.
ft.
13,636
sq.
ft.
90 -12
15,173
sq.
ft.
4,911
sq.
ft.
90 -13
29,978
sq.
ft.
14,613
sq.
ft.
91 -1
19,140
sq.
ft.
7,772
sq.
ft.
91 -2
13,831
sq.
ft.
4,971
sq.
ft,
91 -3
23,126
sq.
ft.
8,815
sq.
ft.
Discussion
On December 4, 1992, the applicant applied for Minor Modification
No. 1 to these Industrial Planned Development Permits requesting
that Condition No. 42 be removed from the Conditions of Approval.
Condition No. 42 states:
42. Prior to the issuance of a zoning clearance, a Surety
Performance Bond in the amount of $10,000 shall be filed
and accepted by the Director of Community Development.
The Director of Community Development, may, through a
public hearing to be heard before the City Council
recommend that any or all of the funds in the Performance
Bond be forfeited for noncompliance of the Conditions of
Approval or for some other just cause.
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1
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
This condition shall automatically be superseded by a
related resolution or ordinance regarding condition
compliance for entitlement approvals adopted by the City
Council.
The applicant indicates that the imposition of this Condition for
an indeterminate time is costly and makes it more difficult to sell
or lease buildings. Also, the City Code Enforcement Officer has
the ability to file a law suit to the extent there is any violation
of City codes or Conditions of Approval.
Staff Analysis
At the time this Condition of Approval was placed on commercial and
industrial projects, the City needed the applicant to provide a
financial security as an incentive to adhere to the conditions of
approval. At the time this condition was first imposed on
discretionary projects, Code Enforcement did not have the authority
to issue citations. If the applicant failed to adhere to the
Conditions of Approval, the bond could be forfeited by City Council
for noncompliance of the Conditions of Approval or some other just
cause.
Since the imposition of this Condition, Code Enforcement has
obtained to ability to cite property owners for violations of the
Municipal Code or noncompliance with Conditions of Approval of
Discretionary projects such as IPD's, CPD's and RPD's; however,
Zoning Enforcement activities cost the City money that is typically
not reimbursed by the applicant. Therefore, staff is of the
opinion it is necessary to require the applicant to submit a
Performance Bond to ensure compliance of the Conditions of
Approval, but that this requirement should be for a specified
period of time such as was imposed on General Optics (IPD 89 -2
Minor Modification No. 1). Therefore, staff intends to impose the
following change to Condition No. 42:
42. Prior to the issuance of a zoning clearance, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or for some other
i u s t cause. -th-*i.� ; nt€::> hAll.. b.<.. n .;::.fwd:h....a..;t�.....:1'; >a
This condition shall automatically be superseded by a related
resolution or ordinance regarding condition compliance for
entitlement approvals adopted by the City Council.
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The Director of Community Development has reviewed the proposed
Minor Modification and plans to Conditionally approve it. Pursuant
to Resolution No. 88 -523, the Director has the authority to approve
Minor Modifications. This matter is being presented to the City
Council as a courtesy. In the event the City Council wishes to
appeal the Director's decision, it may do so.
Should the City Council desire to appeal, it should set a public
hearing date. The next available meeting date would be the regular
meeting of November 18, 1992. If the City Council takes no action,
the Director's decision stands.
Recommendation
Receive and File
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