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RESOLUTION NO. 10BB
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA RECOMMENDING AMENDMENTS
TO THE EXPIRATION TIME FOR CONDITIONAL USE
PERMITS, VARIANCES, ADMINISTRATIVE
MODIFICATIONS AND MODIFICATIOHS FROM SIX
MONTHS TO ONE YEAR.
WHEREAS, a public hearing was held before the Planning
Commission on February 13, 1979 to consider amending the expiration
time for conditional use permits, variances, administrative
modifications and modifications from six months to one year, 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 HEREBY RECOMMENDS TO THE CITY COUNCIL THAT THE FOLLOWING
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AMENDMENTS BE MADE TO THE ARCADIA MUNICIPAL CODE:
SECTION 1. That Section 9275.2.13 be amended to read
as follows:
"9275.2.13. EXPIRATION OF CONDITIONAL USE PERMIT. If for a
period of one (1) year, unless a shorter expiration period is
specified 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."
SECTION 2. That Section 9275.2.14 be amended to read
as follows:
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"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 the conditional use permit.
Said request shall set forth reasons supported by factual data why
the Conditional Use permit 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."
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SECTION 3. That Section 9291.2.11 be amended to read
as follows:
"9291.2.11. EXPIRATION OF VARIANCE. 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 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."
SECTION 4. That Section 929l.2.12 be amended to read
as follows:
"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 such extension."
SECTION S. That Section 9292.1.16 be amended to read
as follows:
"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." ~
SECTION 6. The Section 9292.2.13 he amended to read
as follows:
"9292.2.13. EXPIRATION OF MODIFICATION. If for a period of one
(1) year, unless a shorter expiration period is specified as a condi-
tion of approval, any use authorized by any modification is, or has
been complied with, said modification shall become null and void
and of no effect."
SECTION 7. The Planning Commission finds that the
public necessity, convenience, general welfare and good zoning
practice justify the above recommendations.
SECTION B. The Secretary shall certify to the adoption
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of this resolution and shall cause a copy to be forwarded to the
City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing resolution was
. adopted at a regular meeting of the Planning Commission held on
the 27th day of February, 1979, by the following vote:
AYES:
Commissioners Brink, Clark, Hedlund, Hegg, Perl is
Sargis, Soldate
NOES:
None
ABSENT: None
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Cha~rman
ATTEST:
~AU}~~~
Secretary
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February 13, 1979
TO:
CITY OF ARCADIA
PLANNING COMMISSION
FROM:
PLANNING DEPARTMENT
CASE NO.:
T.A. 79-1
PREPARED BY:
DONNA L. BUTLER
ASSISTANT PLANNER
GENERAL INFORMATION
APPLICANT:
City of Arcadia
REQUEST:
Text amendment to change the expiration time for
conditional use permits, variances, administrative
modifications and modifications from six months
to one year.
PROPOSAL AND ANALYSIS
The Planning Department is initiating this change in order to allow
applicants the necessary time to comply with all conditions of a
conditional use permit, variance, administrative modification and
modification. Presently the code states:
"If for a period of six (6) months any use authorized by
a (conditional use permit, variance, modification or
administrative modification) is, or has been unused, aban-
~ or discontinued or the conditions have not been complied
with, said (conditional use permit, variance, modification
or administrative modification) shall become null and void
and of no effect."
It is almost impossible for a new project to be constructed within
this six-month period. The preparation of complete working drawings,
processing through the plan check procedure, completing construction
and compliance with all conditions set forth by the City usually
requires more than the six months allotted by code. Most applica-
tions which require new construction must then apply for time
extensions in order to comply with the City requirements.
T.A. 79-1
2
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Staff is recommending that the expiration time for conditional use
permits, variances, modifications and administrative modifications
be extended to one year and that said applications shall become
null and void after said date unless an extension is applied for.
If the Modification Committee, Planning Commission or City Council
determines that some condition(s) should be complied with prior
to the expiration time, then a condition could be added specifying
a time for compliance with said condition(s).
Pursuant to the provisions of the California Environmental
Q~ality Act, the Planning Department has prepared an initial study
for the proposed project. 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 prepared for this project.
Before the Planning Commission and City Council take action on
this project, the Commission and Council should "move to approve
and file the Negative Declaration and find that the project will
not have a significant effect on the environment."
. RECOMMENDATION
The Planning Department recommends approval of T.A. 79-1 as follows:
Section 9275.2.13. be amended to read:
"9275.2.13. EXPIRATION OF CONDITIONAL USE PERMIT. If for a
period of one (1) year any use authorized by a conditional use permit
is or has been unused, abandoned or discontinued or the conditions
~not been complied with, said Conditional Use Permit shall
become null and void and of no effect."
Section 9275.2.14. be amended to read:
"9275.2.14. SAME. EXTENSION OF CONDITIONAL USE PERMIT. An
extension thereof may be granted by the Planning Commission upon
the ~ri~ten r7quest of an interested person filed with the Planning
Co~~ss~on pr~or to the expiration of the conditional use permit.
Sa~d req~e~t shall set f~rth reasons supported by factual data why
the Cond~t~onal Use Perm~t has been unused, abandoned or discontinued
or the c~nditions not complied with. No extension of any Conditional
Use Perm~t shall be granted unless the Commission finds the facts
to be substantially as thus set forth and to constitute justifiable
cause for such extension."
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Section 9291.2.11. be amended to read:
"9291.2.11. EXPIRATION OF VARIANCE. If for a period of one (1)
year any use a~thorized by any variance is, or has been, unused,
abandoned or d~scontinued or the conditions have not been complied
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T.A. 79-1
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with, said variance shall become
null and void and of no effect."
Section 9291.2.12. be amended to read:
"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 such extension."
Section 9292.1.16. be amended to read:
"9292.1.16. EXPIRATION OF MODIFICATION. If for a period of
one (1) year 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."
Section 9292.2.13. be amended to read:
"9292.2.13. EXPIRATION OF MODIFICATION. If for a period of one
(1) year 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."
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