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RESOLUTION NO. 6111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA ESTABLISHING A POLICY THAT PROJECTS IN PLAN
CHECK PRIOR TO THE EFFECTIVE DATE OF NEW CODE
REVISIONS MAY BE CONSTRUCTED CONSISTENT WITH THE
CODE REQUIREMENTS IN EFFECT AT THE TIME OF PLAN
CHECK
WHEREAS this resolution was initiated by the Development Services
Department to adopt a written policy that provides that projects in plan check
prior to the effective date of new zoning, building, safety and fire code revisions
may be constructed consistent with the code requirements in effect at the time of
plan check.
WHEREAS, when the City initiates revisions to the zoning regulations, the
process of reviewing the revisions by both the Planning Commission and the City
Council may take several months before an ordinance in introduced for adoption;
and
WHEREAS, during the ordinary course of business various development
proposals are submitted to the City offices for processing; and
WHEREAS, the issue arises as to when do persons seeking to develop
their properly acquire a vested right to build consistent with zoning requirements
in affect; and
WHEREAS the Development Services Department's policy has been to
allow projects in the plan check process, prior to the effective date of new code
revisions, to build consistent with the code requirements in effect at the time of
plan check.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That based on considerations of fairness, the City Council
hereby determines persons with plans in the plan check process prior to the
effective date of new code revisions, may build consistent with the code
requirements in effect at the time of plan check.
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Section 2. In order to avoid prolonged delays by the applicant for projects
pending under regulations that have been supplanted, no time extensions shall
be granted on either plan checks or buildings permits when new regulations are
in effect at the time of the request for an extension.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 1 day of June, 1999.
~~
Mayo f the City of Arcadia
ATTEST:
APPROVED AS TO FORM:
It/, d/ 1/ rr; lrL
Mic ael H. Miller
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 6111 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council on the 1 day of June, 1999, and that said Resolution was
adopted by the following vote, to wit:
AYES; Councilmember Harbicht, Kovacic, Marshall, Roncelli and Chandler
NOES: None
ABSENT: None
C
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