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HomeMy WebLinkAbout1011 . . , 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 -1- 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 ~\r '" ATTEST: . dr~~ Secretary . -2- 1011 . 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 . 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, . 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, , . . . . T.A. 77-4 2 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," DLB/at