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HomeMy WebLinkAbout0942 ,. .' . . . .., . . REsbLU~ION NO. 942 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING APPROVAL OF TEXt AMENDMENT RELATING TO AMENDMENT OF FILING FEES FOR TEXT AMENDMENTS, ZONE CHANGES, CONDITIONAL USE PERMITS, VARIANCES, LOT SPLITS, SUBDIVISIONS AND MODIFICATIONS AND ADDITION OF FEES FOR ADMINISTRATIVE MODIFICA- TIONS, AND AMENDMENT OF THE APPEAL PERIOD TIME FOR THE ABOVE APPLICATIONS. WHEREAS, a public hearing was held on May 25, 1976 before the Planning Commission to consider amendment of filing fees for text amendments, zone, changes, conditional use permits, variances, lot splits, subdivisions and modifications and addition of fees for administrative modifications, and amendment of the appeal period time for the above applications; and WHEREAS, all interested persons were given full oppor- tunity 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 ',9113, 1. 2 of the Arcadia Municipal Code be amended to read as follows.: "9113.1.2. FILING FEE. For each subdivisi!on, a fee of . One Hundred Twenty-five Dollars ($125.00) plus Ten Dollars ($10.001 " , for each lot or Fifty Dollars ($50.90) per acre, whichever is greater, shall be paid at the time of filing the tentative map. II SECTION 2. That Section 9122.1 of the Arcadia Municipal Code be amended to reqd as follows: "9122.1. FILING FEE. For each lot split, a fee of One -1- 942 . . . '.. . . Hundred Dollars ($100.00) shall be paid at the time of filing the application. II SECTION 3. That Section 9122.5.1 of the Arcadia Municipal Code be amended to read as follows: II 9122.5.1. APPEAL AND REVIEW. An applicant for a lot division pursuant to this Division, or any owner of property entitled to notice by Section 9122, may appeal to the Council from a decision of the Planning Commission relative thereto, by filing with the City Clerk within five (5) working days after such decision a written statement setting forth the decision appealed from, his objections thereto, and sufficient factual data to indicate the validity of such objections. A fee of Twenty-five Dollars ($25.00) shall be paid to the Treasurer concurrent with the filing of any such appeal. The Council shall consider such appeal and take action thereon within a reasonable time. At its first regular meeting occurring at least five (5) days after the decision of the Planning Commission on an application for a lot division filed pursuant to Section 9122, the Council may on its own motion, by a vote of a majority of its members entered in the Council minutes, institute a review of such decision of the Planning Commission. At the conclusion of the hearing of any such appeal or upon completion of any such review, the Council shall, by a vote of a majority of its members entered upon the Council minutes, affirm, modify or reverse the decision of the Planning Commission, and such action by the Council shall be final. The hearing on any appeal pursuant to this Section shall be noticed in the. same manner -2- 942 .1 . . . as specified by Section 9122 for the hearing of an initial appli- cation for a lot division. II SECTION 4. That Section 9275.2.2 of the Arcadia Municipal I Code be amended to read as follows: "9275.2.2. FILING FEE. Before accepting for filing any application for a conditional use permit or an extension of a previously approved conditional use permit, the City shall charge and collect a fee by the Planning Department based on the following schedule: Size of Property - Single Use* Filing Fee Under 15,000 square feet $150 l5,000 - 24,999 $200 25,000 - 34,999 $250 35,000 - 44,999 $300 . 45,000 54,999 $350 55,000 - 64,999 $400 65,000 - 74,999 $450 75,000 - 84,999 $500 85,000 and over $550 Extension Fee $25 *Properties with multiple use -- fee is based on square footage of proposed use including required parking computed at 350 square feet per required space. II SECTION 5. That Section 9275.2.9 of the Arcadia Municipal Code be amended to read as follows: "9275.2.9. APPEAL. Not later than five (5) working days after final action by the Planning Commission and up to the time that a regular Council meeting is held on such day, anyone may . appeal from such final action to the City Council by filing a -3- 942 . . . . . written appeal with the City Clerk and paying a fee of One Hundred Dollars ($100.00). If the appeal is to include a verbatim trans- cript, the appellant shall so specify in his written appeal and in addition to the fee shall deposit with the City Treasurer the estimated cost of preparing two (2) copies of a verbatim transcript. One copy thereof shall be delivered to appellant upon payment of the balance due, if any, upon the cost .of its preparation and the other copy delivered to the City Clerk for use by the City on such appeal; any excess of the deposit over the cost shall be refunded. At the first regular Council meeting following such final action, the City Council, by the vote of. a maj ori ty of its members, may appeal the decision of the Planning Commission. If by such action the Council requests a verbatim transcript for use at the hearing on such appeal, a copy thereof shall be made available for inspection by any interested party. No fees shall be required in the case of an appeal by the Council." SECTION 6. That Section 9291.2. 2 of, the Arcadia Municipal Code be amended to read as follows: "9291.2.2. FILING FEE. Before accepting for filing any application for a variance, the Cit~ shall, for the purpose of defraying the expenditu~es incidental to the proceedings described herein, charge and collect a fee by the Planning Department based on the following schedule: -4- 942 . . . Size of Property Filing Fee Under 15,000 square feet $150 15,000 - 24,999 $200 25,000 - 34,999 $250 35,000 - 44,999 $300 45,000 - 54,999 $350 55,000 - 64,999 $400 65,000 - 74,999 $450 75,000 - 84,999 $500 85,000 and over $550 Extension Fee $25 SECTION 7. That Section 9291. 2.8 of the Arcadia Municipal Code be amended to read as follows: "9291.2.8.. APPEAL. Within five (5) working days after such decision by the Planning Commission, the applicant or any . other person aggrieved by such decision may appeal therefrom in writing to the Council by filing such with the City Clerk. A fee of One Hundred Dollars ($100.00) shall be paid to the Treasurer concurrent with the filing of any appeal concerning a variance." SECTION 8. That Section 9292.1.10 of the Arcadia Municipal Code be amended to read as follows: "9292.1.10. FILING FEE. Before accepting for filing any application under this Title, the City shall charge and collect a fee of Thirty-five Dollars ($35.00)." SECTION 9. That Section 9292.1.18 of the Arcadia Municipal Code be amended to read as follows: "9292.1.18. REPORTING OF ACTIONS. A copy of the Modifi- cation Committee's agenda noting the action taken by the Committee . shall be sent to the members of the City Council and Planning -5- 942 . . . Commission on the day fOllowing the Modification Committee's aotion and that such notation shall contain, as a minimu~, sufficient information so that the reader may form an intelligent understanding . . of the action taken. The City Councilor Planning Commission or any member thereof may, at their own discretion and without the filing of any fee, appeal any decision of the Modification Committee within '! five (5) working days after the date of said decision or at the next City Council meeting, whichever is later," SECTION 10. That Section 9292.2.8. of the Arcadia Municipal Code be amended to read as follows: "9292.2.8. FILING FEE. Before accepting for filing any '! application under this Title, the City shall charge and collect a fee .of Ten Dollars ($10.00)." SECTION 11. That Section 9293.2.1 of the Arcadia Municipal Code be amended to read as follows: "9293.2.1. SAME. FEE. Before accepting for filing any application under this Division, the City shall charge and collect for the purpose of defraying the expenditures incidental to the proceedings described herein a fee of Three Hundred Dollars ($300.00) . II SECTION 12. That Section 9293.7 of the Arcadia Municipal Code be amended to read as follows: "9293.7. COUNCIL HEARING. Within five (5) working days after final action by the Planning Commission on an application for amendment or change of zone boundaries, its recommendations -6- 942 . . ... together with a complete record of the case shall be delivered to the Council. The Council, after receipt of the report and recommendations from the Planning Commission, shall hold a final hearing thereon; provided, however, that if the recommendation is against the amendment or change of zone boundaries, the City Council shall not be required to take any further action thereon unless an interested party shall request'a public hearing thereon by and before the City Council by filing a written request therefor with the City Clerk within five (5) working days after such recommendation of the Planning Commission is filed with the City Councilor Cit.y Clerk, whichever first occurs; and provided further that no additional fe~ need by paid for 'the filing of any such written request." SECTION l3. The Planning Commission finds that the ... public necessity, convenience, general welfare and good zoning practice justify the above recommendation. SECTION 14. The Secretary shall certify to the adoption 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 regu1ar,meeting of the Planning Commission of the City of Arcadia held on the 8th day of June, 1976, by the following vote: AYES: Commissioners Clark, Kuyper, Per1is, Reiter, Hegg Commissioner Huddy NOES: ABSENT:, Commissioner Coghlan . _ (' ~~~' I chat;;ian \ ~( . ATTEST: !uldllld~~L . Secretary -7~ 942 . . . May 25, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: TEXT AMENDMENT 76-5 . The Planning Department has reviewe4 cost factors in processing applications for conditional use permits, variances, zone changes, text amendments, subdivisions, lot splits and modifications. These fees should be reviewed p'eriodically in ol'der to determine if increased costs in mailing fees, supplies and salaries, plus increased processing time ne~essitate a change in fees. Also, the applications have varying appeal period times (see table). It has been difficult for the public to determine whether five days means five working days or five calendar days. In the regulations governing modifications, there is an incon- s is tency in appeal -period times. Section 9292.1.14 allows for a five working day appeal perioA of the Modification Committee's decision; however, Section 9292.1.18 (Reporting of Actions) indicates that "the City Council.ot Planning Commission or any member thereof may, at their own discretion and without filing any fee, appeal any decision of the Modification Committee within ten working days after the date of said decision...." This, therefore, can cause serious misinterpretations of :the Code. The Planning Department will cQntinue to report its actions to the Ci ty Council and Planning Commiss ion, but feels the two appeal period times should be consistent. Staff believes that there should be a five working day ap'peal period for all ~pplications. The attached table lists the present fees, cost increases which have taken place since the last fee change, proposed changes and appeal period times. . The Planning Department believes the table illustrates that cost increases necessitate a change in fees. The appeal period should be consistent for all applications and should be listed in terms of working days rather than calendar days and, therefore, recommends the following changes be made. . . . T.A. 76-5 2 "9275.2.2. FILING FEE. Before accepting for filing any application for a conditional use permit or an extension of a previously approved conditional use permit, the City shall charge and collect a fee by the Planni~g Department based on the following schedule: ' Size of Property - Single Use'" Filing Fee Under 15,000 square feet $150 - l5,000 - 24,999 200 25,000 - 34,999 250 35,000 - 44,999 300 45,000 - 54,999 350 55,000 - 64,999 400 65,000 - 74,999 450 75,000 - 84,999 500 85,000 and over 550 Extension Fee 25 . "'Properties with multiple use -- fee is based on square footage of proposed use including required parking com- puted at 350 square feet per required space!' "9.291.2.2. FILING FEE. Before accepting for filing any application for a variance, the City shail, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee by the Planning Depart- ment based on the fOllowing schedule: Size of Property Filing Fee Under 15,000 square fe.et $L50 15,000 - 24,999 200 25,000 - 34,999 250 35,000 - 44,999 300 45,000 - 54,999 350 55,000 - 64,999 400 65,000 - 74,999 450 . 75,000 - 84,999 500 85,'000 and over 550 Extension Fee 25 . . . LA. 76-5 3 "9293.2.1. SAME. FEE. Before accepting for filing any application under this Division, the City shall charge and collect for the purpose of defraying the expenditures incidental to the proceedings described herein a fee of Three Hundred Dollars ($300.00)." "9113.1.2. FILING FEE. For each subdivision, a fee of One Hundred Twenty-five Dollars ($125.00) plus Ten Dollars ($10.00) for each lot or Fifty Dollars ($50.00) per acre, whichever is greater, shall be paid at the time of filing the tentative map." "9l22.1. FILING FEE. For each lot split., a fee' of One Hundred Dollars ($100.00) shall be paid at the time of filing the application." "9292.1.10. FILING FEE. Before accepting for application under this Title. the City shall charge 'fee of Thi!ty-five Dollars (~35.0'O)." ' "9292.2.8. FILING FEE. Before accepting for filing any application under this Title, the City shall charge and collect a fee of Ten Dollars ($10.00)." fLl ing any and collect a . "9122.5.1. APPEAL AND REVIEW. An applicant for a lot division pursuant to this Divi~ion, or any owner of property entitled to notice by Section 9122, may appeal to the Council from a decision of the Planning Commission relative thereto, by filing with the City Clerk within five (5) working days after such decision a written statement setting forth the decision appealed from, his objections thereto, and sufficient factual data toindica'te the validity of such objections. A fee of Twent~-five Dollars ($2~.00] shall be paid to the Trea~urer concurrent with the filing of any such appeal. The Council shall consider such appeal and take action thereon within a reasonable time. At its first regular meeting occurring at least five (5) days after the 'decision of the Planning Commission on an appli- cation for a lot division filed pursuant to Section 9122, the Council may on its own motion, bY a vote of a majority of its members entered in the Council minutes, institute a review of such decision of the Planning Commission. At the conclusion of the hearing of any such appeal or upon completion of any such review, the Council shall, by a vote of a fuajority of its members entered upon the Council minutes, affirm, modify or reverse the decision of the Planning Commission, and such action by the Co.uncil shall be final. The ~earing on any appeal pursuant to this Sect.ion shall be noticed in the same manner as specified by Section 9122 for the .hearing of an initial applica- tion for a lot division." . "9275.2.9. APPEAL. Not later than five (5) working days after final action by the Planning Commission and up to the time . . . T.A. 76-5 4 that a regular Council meeting is held on such day, anyone may appeal from such final action to the City Council by filing a written appeal with the City Clerk and paying a fee of One Hundred Dollars ($lOO. 00). If the appeal is to include a verbatim transcript, the appellant shall so specify in his written appeal and in addition to the fee shall deposit with the City Treasurer the estimated cost of preparing two (2) copies of a verbatim transcript. One copy thereof shall be delivered to appellant upon payment of the balance due, if any, upon the cost of its preparation and the other copy delivered to the City Clerk for use by the City on such appeal; any excess of the deposit over the cost shall be refunded. At the first regular Council meeting following such final action, the City Council, by the vote of a majority of its members, may appeal the decision of the Planning Commission. If by such action the Council requests a verbatim transcript for use at the hearing on such appeal, a copy thereof shall be made available for inspection by any interested party. No fees shall be required in the case of an appeal by the Council." . "9291.2.8. APPEAL. Within five (5) working days after such decision by the Planning Commission, the applicant or any other person aggrieved by such decision may appeal therefrom in wri ting to the Council by filing such with the City Clerk.' A fee of One Hundred Dollars ($100.00) shall be paid to the Treasurer concurrent with the filing of any appeal concerning a variance." "9293.7. COUNCIL HEARIN.G. Within five (5) working days after final action by the Planning Commission on an application for amendment or change of zone boundaries, its recommendations together with a com~lete record of the case shall be delivered to the CounciL The Council ,after receipt of the report and recommendations from the Planning Commission, shall hold a final hearing thereon; provided, however, that if the recommendation ii against the amendment or change of zone boundaries, the City Council shall not be required to take any further action thereon unless an interested party shall request a public hearing thereon by and before the City Council by filing a written request therefor with the City Clerk within five (5) working days after such recommendation of the Planning Commiision is filed with the City Councilor City Clerk, whichever first occurs; and provided further that no additional fee need be paid for the filing of any such written request." . "9292.1.18. REPORTING OF ACTIONS. A copy of the Modification Committee's agenda noting the action taken by the Committee shall be sent to the members of the City Council and Planning Commission on the day following the Modification Committee's action and that such notation shall contain, as a minimum, sufficient information so that the reader may form an intelligent understanding of the action taken. . . . . . T.A. 76-5 5 The City Council or Planning Commission or any member thereof may, at their own discretion and without the filing of any fee, appeal any decision of the Modification Committee within five (5) working days after the date of said decision or at the next City Council meeting, whichever is later." 7:::J~:c .f";;;;~A L. BUTI:;ER ASSISTAN.T PLANNER DLB/at Attachment . '. . . . - . , % Increase In % Increase In % Increase In Appeal Date of Last Mailing Since Supplies Since1/ Sa 1 ary Si nce Proposed Fee Peri od Application Existing Fee Fee Change Last Fee Change Last Fee Change--' Last Fee Changef! Change Time Conditional Use $100-$500 August 1972 62.5% 10% 29.5% $150-$550 7 days Pennit Sliding scale Sliding scale . $150-$550 Va ri ance $200 June 1967 117% 72% 64% Sliding scale 10 days . Zone Change $200 June 1967 117% 72% 64% $300 5 days Text Amendment $200 June 1967 117% 72% 64% $300 5 days $125 +$10 $55 +$5 per lot or Subdivision May 1970 62.5% 20% 38% $50 per acre per lot/unit whichever is greater $55 +$5 for Lot Sp1 it each lot in May 1970 62.5% 20% 38% $100 5 days excess of 2 $15 +$10 per $35 5 wrkg. Modifi catton Code section March 1973 62.5% 10% 29.5% . to be modified days (10 wrkg. 11 Paper and duplicating increase fees based on 1974-75 costs. days for P.C. 8. C.C.) Y Based on Assistant Planner's and Secretary's salary increases.