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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
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One Hundred Twenty-five Dollars ($125.00) plus Ten Dollars ($10.001
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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
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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
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. 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
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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
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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:
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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
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. 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
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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
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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
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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
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... 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
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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 . _ ('
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I chat;;ian \ ~(
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ATTEST:
!uldllld~~L .
Secretary
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May 25, 1976
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: TEXT AMENDMENT 76-5
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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.
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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.
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T.A. 76-5
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"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
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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
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"'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
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LA. 76-5
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"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
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"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 ($2~.00] shall be paid to the Trea~urer
concurrent with the filing of any such appeal. The Council shall
consider such appeal and take action thereon within a reasonable
time. At its first regular meeting occurring at least five (5)
days after the 'decision of the Planning Commission on an appli-
cation for a lot division filed pursuant to Section 9122, the
Council may on its own motion, bY a vote of a majority of its
members entered in the Council minutes, institute a review of
such decision of the Planning Commission. At the conclusion of
the hearing of any such appeal or upon completion of any such
review, the Council shall, by a vote of a fuajority of its
members entered upon the Council minutes, affirm, modify or
reverse the decision of the Planning Commission, and such action
by the Co.uncil shall be final. The ~earing on any appeal
pursuant to this Sect.ion shall be noticed in the same manner as
specified by Section 9122 for the .hearing of an initial applica-
tion for a lot division."
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"9275.2.9. APPEAL. Not later than five (5) working days
after final action by the Planning Commission and up to the time
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T.A. 76-5
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that a regular Council meeting is held on such day, anyone may
appeal from such final action to the City Council by filing a
written appeal with the City Clerk and paying a fee of One
Hundred Dollars ($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."
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"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."
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"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.
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T.A. 76-5
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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
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% 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.