HomeMy WebLinkAboutAGENDA REPORT 1990 1107 CC REG ITEM 11G II,f .$00/30) ' '
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BERNARDO M. PEREZ pR?ARK, CALIFORNIA ,'"" ,l, STEVEN KUENY
Mayor City Co cll Meeting 49
0,r.°
�`� City Manager
SCOTT MONTGOMERCHERYL J. KANE
Mayor Pro Tem of / 1'AN24. City Attorney
ELOISE BROWN r
ACTIO : _ � ' it*"a „ PATRICK RICHARDS,A.I.C.P.
Councilmember • n�� o° Director of
-*VC HARPER, Ph.D. ,/�7j/' 44 .. - • Community Development
Councilmember a� U Jo- R. DENNIS DELZEIT
PAUL W. LAWRASON,Jr. Bye `-/� City Engineer
Councilmember JOHN V. GILLESPIE
LILLIAN KELLERMAN MEMORANDUM Chief T. He
RIChief
City Clerk T. HARE
City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: October 24, 1990 (CC meeting of November 7, 1990)
SUBJECT: RECONSIDERATION OF PD-1048 (Colin Valesquez)
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Background
The proposed project was the development of a two story, 9325 sq.
ft. commercial retail center at the northwest corner of High Street
and Moorpark Avenue. The subject site is 15, 000 sq. ft. in area.
The City's Zone Map and General Plan designates this site for
commercial use. The project was originally approved in December of
1985 with the adoption of Resolution No. PC 85-72 . This resolution
granted two (2 ) years in which for the developer to begin the use.
A request for a time extension was granted by the Planning
Commission in January of 1989 for an additional year. This
entitlement permit expired in December, 1989 . A new application
was filed in March of 1990 and was later withdrawn by Mr.
Valesquez .
Discussion
This matter was heard at the City Council on October 3, 1990 . By
consensus of the Council, this matter was to be returned at a
future agenda after determination by the City Attorney as to the
procedure for renewal of the project application.
On October 22 , 1990, the Director of Community Development
received a letter from the City Attorney regarding this matter.
The City Attorney indicates that this permit does not qualify for
a continuance. Therefore, the permit is subject to the regular
process as outlined in Section 8163-4 .4 . 1, et seq. , which requires
that "all discretionary application requests shall be decided after
an administrative or public hearing has been held on the subject
case as required by this chapter. "
799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864
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In addition, short of amending Section 8163-4 . 1 .4, the City must
follow the regular process, because a governmental body may not
waive the requirements of an ordinance enacted for the public
benefit (Strong v. County of Santa Cruz {1975} .
Recommendation
Direct staff as deemed appropriate.
Attachment: Letter from City Attorney to Director of Community
Development dated October 22, 1990
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Mr. Patrick Richards
Director of Community Development
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
Re: Expired Planned Development Permit No. 1048
Dear Pat:
This letter is in response to your October 10, 1990
memorandum requesting our opinion regarding the process the
City must go through to reconsider the above-referenced
matter.
Our opinion is based on a review of Article 43 of
the Ventura County Code, as adopted by the City, and
provided by your staff.
Section 8163-4 . 1 . 4 of Article 43 provides , in
pertinent part: "Unless otherwise provided in the conditions
of the permit, permits being processed for renewal shall
remain in full force and effect until the renewal request is
acted on. . .provided the renewal application was accepted as
complete. . .Rrior to the ex xatioll o the permit . . . "
(emphasis added) .
Based on the facts contained in your memo, Permit
No. 1048 does not qualify for such a continuance.
Therefore, the permit is subject to the regular process as
outlined in Section 8163-4 . 4. 1 , et seq. , which requires that
i 10/22/9{) 17:27 $213 236 2700 BW&S LA MAIN ' •--- CITY OF MOORPARK Q003/003
•.
Mr. Patrick Richards
October 22 , 1990
Page 2
"all discretionary application requests shall be decided
after an administrative or public hearing has been held on
the subject case as required by this chapter. "
In addition, short of amending Section 8163-4 . 1 . 4
the City must follow the regular process, because a
governmental body may not waive the requirements of an
ordinance enacted for the public benefit (strong v, County
nP Cs►nhA rrw, [107C.] 1R Yeal lA 7 ]/1 7'77
Please contact us if you have any further questions
on this matter.
Very tru yours ,
CH YL J. Ti' •
CITY OF MOORPARK; and
BURKE, WILLIAMS & SORE EN
By Peter D. Tremblay
for BURKE, WILLIAMS & SORENSEN
cc; Steven Kueny, City Manager
Cheryl J. Kane, City Attorney
pdt/LTR94756