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HomeMy WebLinkAbout1674 ORDINANCE NO. 1674 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARTICLE IX, CHAPTER 2, PART 7, DIVISION 5, AND PART 9, DIVISIONS 1 AND 2 OF THE ARCADIA t1UNICIPAL CODE INCREASING THE EXPIRATION TIME FOR CONDITIONAL USE PERMITS, VARIANCES, ADMINISTRATIVE MODIFICATIONS AND MODIFICATIONS FROM SIX MONTHS TO ONE YEAR. The City Council of the City of Arcadia does hereby ordain as follows: Section 1. That the Arcadia Municipal Code is hereby amended by amending the following Sections to read respectively as follows: "9275.2.13. EXPIRATION OF CONDITIONAL USE PERMIT. If for a period of one (1) year, unless a shorter expiration period is speci- fied as a condition of approval, any use authorized by a Conditional Use permit is, or has been, unused, abandoned or discontinued or the conditions have not been complied with, said Conditional Use permit shall become null and void and of no effect." "9275.2.14. SAME. EXTENSION OF CONDITIONAL USE PERMIT. An extension thereof may be granted by the Planning Commission upon the written request of an interested person filed with the Planning Commission prior to the expiration of t.'le conditional use permit. Said request shall set forth reasons supported by factual data why tne Conditional Use ~ermit has been unused, abandoned or discontinued or the conditions not complied with. No extension of any Conditional Use permit shall be granted unless the Commission finds the facts to be substantially as thus set forth and to constitute justifiable cause for such extension." "9291.2.11. EXPIRATION OF VARIANCE. If for a oeriod of one (1) year, unless a shorter expiration period is specified as a condition of approval, any use authorized by any variance is, or has been, unused, abandoned or discontinued or the conditions have not been complied with, said variance shall become null and void and of no effect." "9291.2.12. SAME. EXTENSION OF VARIANCE. An extension thereof may be granted by the Planning Commission upon the written request of an interested person filed with the Planning Commission prior to the expiration of the variance. Said request shall set forth reasons supported by factual data why the variance has been unused, abandoned or discontinued or the conditions not complied with. No extension of any variance shall be granted unless the Commission finds the facts to be substantially as thus set forth and to constitute justifiable cause for s~ch extension." -1- 1674 "9292.1.16. EXPIRATION OF MODIFICATION. If for a period of one (1) year, unless a shorter expiration period is specified as a condition of approval, any use authorized by any modification is, or has been, unused, abandoned or discontinued or the conditions have not been complied with, said modification shall become null and void and of no effect." "9292.2.13. (l) year, unless a dition of approval, been complied with, of no effect." EXPIRATION OF MODIFICATION. If for a period of one shorter expiration period is specified as a con- any use autho~ized by any modification is, or has said modification shall become null and void and Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 3. Neither the adoption of this ordinance nor the repeal ~ereby of any ordinance shal~ in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the pro- visions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. section 4. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. -2- 1674 PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 17th day of April, 1979. SIGNED AND APPROVED this 17th day of April,1979. ~ Arcad~a ATTEST: I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 17th day of April , 1979, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen Gilb, Margett, Pellegrino, Saelid and Parry None None City of 2\rcadia -3- 1674