HomeMy WebLinkAboutAV 86-16; Nancy Clarkson Fence; Administrative Variance (AV) (7)December 16, 1986
TO : Engineering Department
Att: Bob Wojcik
FROM : City Attorney
PRIVATE USE OF PUBLIC PROPERTY
This will confirm our telephone conversation of Monday, December
15, 1986 wherein we discussed the above referenced matter. According to the facts as you explained them to me, a private
property owner desires to fence in an area of property owned by the City and designated open space. The open space element of the General Plan will not permit public property to be used for
private purposes. Under the circumstances, no use permit,
variance, encroachment permit or other administrative permit
could legally permit such use so long as such use would
contravene this element of the General Plan. In addition, state
law prohibits the City from issuing any building permit or
approving any subdivision map or open space zoning ordinance
unless the proposed construction, subdivision or ordinance is
consistent with the local open space plan. (Gov't Code 565567).
Should you have any questions regarding the above please do not
hesitate to contact me. F..
RONALD R. BALL Assistant City Attorney
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