THE CORPORATION OF THE a"
CITY OF PORT COQUITLAM 0 t N C

NOV 1 1990

TO: Mr. B.R. Kirk November 6, 1990
City Administrator 33/90

FROM: Carlos Felip
Director of Planning

RE: Licenced Establishment Approval Procedure
Planning and Development Committee — November 6, 1990

RECOMMENDATION:

It is recommended that Bylaw No. 2533 (copy attached) to amend the
Development Procedures Bylaw, 1987, No. 2243, be approved with inclusion of
the amendments suggested by the Municipal Solicitor (attachment #1).

BACKGROUND:

On October 15, 1990 the Municipal Council approved in principle
amendments to the Development Procedures Bylaw, 1987, No. 2243 with a request
that the draft bylaw be amended to introduce an "appeal" procedure which would
permit an applicant to implement a voluntary referendum.

Council also wanted the bylaw to include clear regulations to ensure
that any referendum would be coordinated by the City and paid by the applicant
and clear rules as to the area that should be included in a referendum.

DISCUSSION:

Bylaw No. 2533 to amend the Development Procedures Bylaw 1987, No. 2243,
was referred to our solicitors with the changes requested by Council.

The Municipal Solicitors advised that an appeal procedure, in the way
drafted by Council, may conflict with the powers of Council under Section 240
of the Municipal Act. (See letter from our solicitors, attachment #2.)

In order to provide for a form of appeal process that will allow for
"yoluntary’" referendums upon a potential denial of the application by Council,
the Municipal Solicitors have redrafted Bylaw No. 2533. The redrafted version

is enclosed as attachment #1.