HomeMy WebLinkAboutAGENDA REPORT 1992 1216 CC REG ITEM 11G ITEM '' G
- MOORPARK
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799 Moorpark Avenue Moorpark, California 93021 0300a:064
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ACTION: r�
MEMORANDUM /
TO: The Honorable City Council ey� y ���'
FROM: Jaime Aguilera, Director of Community Development
Paul Porter, Senior Planner
DATE: December 11, 1992 (CC meeting of 12/16/92
SUBJECT: ISSUANCE OF BUILDING PERMIT FOR K-MART PRIOR TO
RECORDATION OF TENTATIVE TRACT NAP NO. 4757 - PHASE 1 -
VENTURA PACIFIC CAPITAL GROUP VI
Background
On October 2, 1991, the City Council adopted Resolution No. 91-808
approving Tentative Tract Map No. 4757 on the application of
Ventura Pacific Capital VI. The applicant has made a request to
staff to modify the requirement to condition No. 13 which requires
the recordation of the map prior to the issuance of a Building
Permit for construction of the proposed R-Mart. Condition No. 13
of the approved Tentative Tract Map states:
13 . No zone clearance shall be issued for construction until
the final tract map has been recorded. Prior to the
issuance of any permit, a zoning clearance shall be
obtained from the Department of Community Development and
a Building Permit shall be obtained from the Department
of Building and Safety after the granting of a zoning
clearance.
Discussion
Without recordation of Phase I of Tentative Tract Map No. 4757,
construction of the R-Mart building or other building for CPD 89-2
would take place on a single parcel. The approved tentative tract
map subdivided each of the pad sites into individual parcels for
future sale or lease to individual shopping center tenants . The
applicant could have received approval of the Commercial Planned
Development No. 89-2 for construction of the shopping center
without approval of a tentative map. Therefore, it is staff's
opinion that the requirement imposed by Condition No. 13 to record
the map prior to the Issuance of a Zoning Clearance need not be
formally modified, since it will not adversely affect the proposal.
As indicated above, if the applicant abandoned his quest for a
subdivision, building permits would be issued based on the approved
PP12:11:92/11:37amA:\DEC16.CC 1
PAUL W. LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
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Zoning Clearance for the CPD. Any fees due to the City such as Air
Pollution Mitigation fees will be collected Prior to the issuance
of a Zoning Clearance for construction of the proposed K-Mart
building.
Recommendation
Allow the Community Development Department staff to proceed with
the issuance of a Zoning Clearance for the proposed K-Mart building
only, upon completion of all other relevant conditions. Further,
allow the Building and Safety Department staff to issue a building
permit upon receipt of a Zoning Clearance and payment of all fees
for the K-Mart building only. Further, it would be stipulated that
occupancy of the building will not occur unless the map is either
recorded or formally abandoned.
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