HomeMy WebLinkAboutAGENDA REPORT 1993 1103 CC REG ITEM 08MTO:
FROM:
DATE:
ITEM
MEMORANDUM
The Honorable City Council
Jaime Aguilera, Director of Community Development
Paul Porter, Senior Planner
October 27, 1993 (CC meeting of November 3, 1993)
SUBJECT: EXONERATION OF PERFORMANCE BOND FOR COMMERCIAL PLANNED
DEVELOPMENT PERMIT NO. 89 -2 (Ventura Pacific Capital
Group VI)
Background
The City Council certified the original EIR and approved this
project on October 17, 1990. On March 29, 1991, the applicant
submitted an application for a Major Modification request for CPD
89 -1 and -2 to construct and operate a 265,940 sq. ft.
food /retail /commercial shopping center (including 221,440 sq. ft.
of general retail uses, 24,000 sq. ft. of restaurants, a 2,300 sq.
ft. gasoline service station, 9,000 sq. ft. of medical /dental
office and 9,200 sq. ft. outdoor plant nursery) and Tentative Tract
Map No. 4757 for a division of two existing parcels into thirteen
parcels of land (totalling 23.62 net acres). The tract map was in
addition to the existing approved land division map (LDM 89 -2, four
parcels). The City Council approved the tentative tract map and
the Major Modification on October 2, 1991. Condition No. 20 of the
Major Modification to the Commercial Planned Development Permit
states as follows:
20. 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. This condition
shall automatically be superseded by a related resolution
or ordinance regarding condition compliance for condition
compliance for entitlement approvals as adopted by the
city council.
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The attached bond issued by American Motorists Insurance Company in
the amount of $ 10,000 was received by the City for satisfaction of
Condition No. 20. The City has received notification that this
bond will be canceled on November 6, 1993 due for non - payment of
the renewal premium.
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. 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.
On March 25, 1993, as directed by the City Council, this condition
for IPD Nos. 90- 10 through 13 and 91 -3 was deleted based on Code
Enforcement ability to recover costs regarding enforcement actions.
In accordance with the Council's action to no longer require the
$10,000 bond for condition compliance, it is staff's recommendation
that this performance bond be exonerated.
Recommendation
Exonerate the bond.
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