Loading...
HomeMy WebLinkAbout1088 . ... -' ~ rt's,?/vI70/J' #. . 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 . 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: . "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." -1- 10BB . . . 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 -2- 10BB . . . ~-' .-.. 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 ~ Cha~rman ATTEST: ~AU}~~~ Secretary ~ -3- 10BB . . . .' 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 . 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." . 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 . . . T.A. 79-1 3 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." DLB/cm