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RESOLUTION NO. 1011
A RESOLUTION OF TilE PLIINNING COMMISSION OF
THE CITY OF ARCADIA RECOMMENDING IIPPROVAL
OF T.II, 77-4 AMENDING THE NOTICING PROCEDURES
FOR MODIFICATIONS.
WHEREAS, a public hearing was held on September 13, 1977
before the Planning Commission to consider amending the noticing
procedures for modification applications, deleting the requirement
for posting of notices on the subject property; and
WHEREAS, all interested persons were given 'full opportunity
to be heard and to present evidence;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RECOMMENDS TO THE CITY COUNCIL:
SECTION 1. That Section 9292.1.13 of the IIrcadia
Municipal Code be amended to read as follows:
"9292.1.13. NOTICES. Not less than ten (10) calendar
days before the date of such public hearing, a notice shall be
mailed, postage prepaid, to the applicant and to all property
owners within one hundred feet (100') of the subject property.
The notice shall state the nature of the request, the location of
the property and the time and place of the hearing."
SECTION 2. The Planning Commission finds that the
posting of public hearing notices on the property does not serve
the original Code intent and that the proposed text amendment
will provide adequate noticing for the public hearings.
SECTION 3. The Secretary shall certify to the adoption
. of this resolution and shall cause a copy to be forwarded to the
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1011
. city Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing resolution was
adopted at an adjourned regular meeting of the Planning Commission
of the City of Arcadia held on the 29th day of September, 1977, by
the following vote:
AYES:
Commissioners Brink, Huddy, Kuyper, Perlis
NOES:
None
ABSENT: Commissioners Clark, Hegg, Sargis
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ATTEST:
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Secretary
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1011
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September 13, 1977
TO:
PL<\.lIINING COHHl SSION
FROM:
PLANNING DEPARTMENT
CASE NO,
TEXT AMENDMENT 77-4
PREPARED BY:
DONNA L. BUTLER
ASSISTANT PLANNER
GENERAL INFOR}~TION
APPLICANT:
City of Arcadia
REQUEST:
Text amendment amending the noticing procedures
for modification applications
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luNALYSIS
Section 9292.1,13 of the Arcadia Municipal Code relating to
noticing of modification applications reads:
"9292,1.13, NOTICES, Not less than ten (10) calendar days
before the date of such public hearing, a notice shall be
mailed, postage prepaid, to the applicant and to all property
owners within one hundred feet (100') of the subject property,
The notice shall state the nature of the request, the loca-
tion of the property and the time and place of the hearing. In
addition, signs at least ~lt inchesby ten inches ~8" x 10"}
shall be ~osted on the sUllject property by the PlannIng Depart-
ment staf and shall set forth substantially the same informa-
tion included in the mailed notice. There ~hal1 be at least
one such sign for each one hundred feet (100') of street
frontage of the subject property. Said signs shall be posted
at least ten (10) calendar days prior to the public hearing,"
The Planning Department recommends this section be amended
deleting the requirement for posting the subject property,
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Presently, all property owners wi thin 100 feet of the subj ect
site receive written notice of modifications and, in those
areas where there are homeowners' associations, the association
is sent a notice of public hearing,
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T.A. 77-4
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The intent of posting notices on the subject site is to inform
those property owners outside the 100-foot radius that a
property owner is requesting a code modification,
It is staff's opinion that the posting procedure does not
achieve this purpose,
These signs are an "attractive nuisance." Many which are posted
on a Friday have "disappeared" in a day or two, Others, if
posted on vacant property, remain on the site months after the
Modification Committee has acted on the item.
Winter rains &nd Ydr~ watering cause signs to become unreadable,
Staff believes that the posting of notices does not serve the
original Code intent,
Staff time involved in posting notices is considerable, (A
minimum of one hour is spent posting for 3-4 items on any
agenda and when there are large agendas, it can take two hours
plus,) Average posting trips are 15 miles.
Pursuant to the provisions of the California Environmental
Quality Act, the Planning Department has prepared an initial
study for the proposed text amendment, Said initial study did
not disclose any substantial or potentially substantial adverse
change in any of the physical conditions within the area affected
by the project including land, air, water, minerals, flora,
fauna, ambient noise, and objects of historical or aesthetic
significance, Therefore, a Negative Declaration has been pre-
pared for this project,
Before the City Council takes action on this text amendment, the
Council should "move to approve and file the Negative Declara-
tion and find that the project will not have a significant effect
on the environment,"
RECOMMENDATION
The Planning Department recommends approval of Text Amendment 77-4
as follows:
"929Z.1.l3. NOTICES. Not less than ten (10) calendar days
before the date of such public hearing, a notice shall be
mailed, postage prepaid, to the applicant and to all property
owners within one hundred feet (100') of the subject property,
The notice shall state the nature of the request, the location
of the property and the time and place of the hearing,"
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