Dana Were the Entitlements Met?

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Hi Dana,

I hope all is well and you are enjoying your summer.

I have several questions about how the Planning Conditions (PC) included in the Olivia entitlements were met as follows:

PC # 16 states, “This approval expires two years from the date of approval (expires March 3, 2022), unless a building permit has been issued and construction has diligently commenced thereon and has not expired,” (I do realize that an extension was granted thereby changing the date to 3-3-23.)

• Was any determination made that a building permit was issued?
• Was any determination made that construction has diligently commenced?
• How is “building permit” in PC#16 defined? Does a permit for a utility pole constitute a “building permit”?
• How is the phrase, “construction has diligently commenced” defined?
• Please provide evidence for each of the above.

PC # 35 states, “There shall be no parking of construction equipment or construction worker's cars on residential or business streets at any time. A staging area shall be secured prior to issuance of a grading or building permit as determined necessary by the City Engineer.”

• If a “building permit” was issued per PC#16, was a staging area secured as required in PC#35?
• Was a determination of the necessity of a staging area made by the City Engineer?
• Please provide evidence of such determination.

PC # 36 states, “Truck routes for the import or export of cut/fill material shall be identified and approved by the City Engineer prior to the issuance of any permits. The applicant shall be responsible for the repair of any damage to City streets (private and public) caused by the contractor's or subcontractor's vehicles.”

• Were truck routes identified and approved by the City Engineer?
• Please provide evidence of such identification and approval of truck routes.

PC # 37 states, “Prior to construction, the applicant shall ensure that the contractor shall contact the City inspector for a pre-construction meeting. Haul route shall be submitted for review and approval by the City Engineer.”

• Has a contractor been selected?
• Has a pre-construction meeting taken place?
• Was a Haul route submitted for review and approval by the City Engineer?
• Was the Haul route approved?
• Please provide evidence of the pre-construction meeting, Haul routes submitted, and approval of said Haul routes.

PC # 47 states, “The applicant shall pay all required fees at the time of building permit issuance.”

• What are the required fees?
• Were required fees paid?
• Please provide evidence of payment.

PC #54 states, “The applicant's engineer shall certify the actual pad elevation for the lot in accordance with City standards prior to issuance of Building Permit.”

• Did the applicant's engineer certify the actual pad elevation?
• Please provide evidence of the above certification.

PC # 77 states, “Prior to City Approval of the plans and issuance of permits, the applicant shall submit a signed operation and maintenance agreement. The agreement shall be the City's standard form and subject to the review and approval by the City.”

• Was a signed operation and maintenance agreement submitted to the City?
• Please provide evidence of the agreement.

PC # 116 states, “Prior to the issuance of the first building permit for the project, the applicant shall submit plans for plan check that show a minimum of 106 off-street parking stalls for the project (minimum 31 stalls at 6170 High Street, minimum 37 stalls at 6450 Marsh Creek Road and minimum 38 stalls at 6490 Marsh Creek Road), consistent with the revised site plans approved by this resolution.”

• Were plans for a plan check submitted showing the requisite number of parking?
• Please provide evidence of this submission.

I would appreciate a response from you electronically and by U.S. Mail as soon as possible.

Thanks,

Concerned Citizen

cc Bret Prebula, City Manager

We appreciate you for reading this article.

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