Loading...
HomeMy WebLinkAbout0795 .' . . . RESOLUTION NO. 795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING AMENDMENTS TO THE MODIFICATION PROVISIONS OF THE ZONING ORDINANCE. WHEREAS, the Planning Commission on its own motion held publ:ic hearings on o.ctober 24 and November 14, 1972, to consider changes in the modification provisions of the zoning ordinance, at which public hearings all interested persons were given full. opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING. COMMISSION HEREBY FINDS AND DETERMINES AS FOLLOWS: . SECTION I. That Division 2 of Part 9, Chapter 2, Arti- cle IX of the Arcadia Municipal Code be amended to read as follows.: "ARTICLE IX. CHAPTER 2. PART 9. DIVISION 2. TITLE 1. DIVISION AND USE OF LAND ZONING REGULATIONS VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE CHANGES AND ANNEXATIONS MODIFICATIONS MODIFICATION COMMITTEE 9292.1.1. PURPOSE. The purpose of the Modification Committee procedure is to secure an appropriate improvement of a lot, to prevent unreasonable hardship or to promote uniformity of development. 9292.1,.2. CREATION. There is hereby created a Modifica- tion Committee composed of the fOllowing persons: 1. The Chairman of.the Planning Commission or such member of the Planning Commission as the Chairman may from time to ~ time designate. 2. The Planning Director or his designated deputy. 3. The City Manager or his designated deputy. -1- 795 " . . . . . The Chairman of the Mo.dification Committee shall be the Planning Commission member thereon. The Building Superintendent or his designated deputy shall serve as secretary to the Modification Committee. 9292.1.3. MEETINGS. The Modification Committee shall meet at the call of the Chairman. 9292.1.4. AUTHORITY. The Modification Committee shall have the authority to approve, conditionally approve or deny modi- fications of the following: 1. Front, side or rear yard setbacks. 2. Driveway and parking stall size requirements. 3. Apartment unit size. 4. Building length. 5. Distance between buildings. 6. Usable open space regulations. 7. Fence, wall and hedge regulations. 8. Sign regu~ations. 9. Utility and storage space requirements. 10. Swimming pool regulations. 11. Building height. 12. Number of required parking spaces. 13. When the maximum number of units permitted in the R-2 and R-3 zones have a fractional remainder greater than one-half, the Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number. The Modification Committee shall have the authority to modify any established setback upon the written certification of the Director of Public Works that the requested or proposed setback modification will not adversely affect any proposed widening of the -2- 795 .' . . . . . adjoining street, or that there is no foreseeable need for street widening purposes of any of the property affected by the modification. Modifications to the established setbacks shall require the unanimous vote of the Modification Committee. 9292.1.5. REFERRAL TO PLANNING COMMISSION. The Modifica- tion Committee may, at its discretion, refer any modification appli- cation to the Planning Commission for its decision without further fee to the applicant.. 9292.1.6. ADMINISTRATIVE ACT. All acts performed by City officers under the provisions of this Division shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this Chapter shall apply in special cases as provided in this Division and shall not be 'construed as amend- ments to the provisions of this Chapter or the Zoning Map of the City. 9292.1.7. APPLICATION FORMS. Application forms for modifiCEltions shall be obtained from the Building Division. Said forms shall be designed by and meet the approval of the Building Division and the Planning Department. 9292.1.8. FILING OF APPLICATIONS. Modification appli- cations shall be made in writing to the Building Division on the prescribed application forms. Incomplete application forms shall not be accepted. All filed applications shall be consecutively numbered, shall become part of the permanent official records of the City and shall contain copies of. all notices and actions per- taining thereto. 9292.1.9. INFORMATION REQUIRED. A modification applica- tion shall be accompanied by the following: -3- 795 . . . .' . . 1. Completed application forms. 2. Reference to the provisions of the Code section from which said property is sought to be excepted. 3. A scaled plot plan and description of the subject property, description of the proposed use of the property with plot plans, floor plans and elevations for all proposed buildings drawn to scale. 4. In those residential areas of the City having archi- tectural review boards, the. report of said boards indicating their actions relative to the proposed modification request. 9292.1.10. FILING FEE. Before accepting for filing any application under this title, the City shall charge and collect a fee in accordance with the applicable fee schedule adopted by resolution of the City Council. 9292.1.11. INVESTIGATION. The Building Division staff shall investigate and report on eac):1 modification application pro- viding information necessary for the Committee's full and complete consideration of the application. The members of the Modification Committee or their designated representatives may also undertake such investigation of each modification application as they deem necessary for their full and complete consideration of the appli- cation. 9292.1.12. SCHEDULING FOR PUBLIC HEARING. Upon the receipt in proper form of a modification application, the secretary of the Modification Committee shall fix a time and place for public hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. 9292.1.13. NOTICES. Not less than ten (10) calendar days before the ~ate of such public hearing, publiC notice shall -4- 795 . . . . . be given by mailing, postage prepaid, to all property owners within one hundred feet (100') of the subject property and the applicant. In addition, signs at least eight inches by ten inches (8" x lO") shall be posted on the subject property by the Building Division staff and shall set forth substantially the same information included in any mailed notice. There shall be at least one (1) 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 hearingo 9292.1.140 APPEALS. Appeals' from the Modification Committee's decision shall be made to the Planning Commission 0 Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Modification Committee's decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon notification of such an appeal, the applicant of the original modification request shall provide and deliver to the Planning Department an eight inch by ten inch (8" x.10") clear film positive and negative of the proposed development. Upon receipt in proper .form of,an appeal from the Modification Committee's decision, the secretary of the Planning Commission sha1+ fix a time and place for public hearing thereon to be held not less than te~ (10) calendar days nor more than forty (40) calendar days thereafter 0 Public notice of the public hearing shall be given in the same manner as set forth in Section 9292.1.13. Appeals from the Planning yommission's decision shall be made to the City Councilo Said appeal shall be made in writing -5- 795 . . . . . and delivered to the City Clerk within five (5) working days of the Planning Commission's decision and shall be accompanied by an appeal fee in accordance with the applicable fee. schedule adopted by resolution of the City Council. At its next regular meeting after the filing of such appeal, the Council shall set a date for a public hearing thereon. The matter of setting the hearing and giving of notice shall be the same as prescribed for hearings before. the Planning Commission. 9292.1.15. EFFECTIVE DATE OF MODIFICATION. No permit or license shall be issued for any use involved in an application for a modification until action on such application shall have become final by reason of the expiration of t~me to make an appeal as herein provided. 9292.1.16. EXPIRATION OF MODIFICATION. If for a period of six (6) months 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. 9292.1.17. EXTENSION OF MODIFICATION. An extension of a modification may be granted by the Modification Committee upon the written request of an interested person foiled with the secre- tary of the Modification Committee prior to the expiration of the modifica tion. Said reques.t shall set forth reasons supported by factual data why the modification has been unused, abandoned, discontinued or the conditions not fully complied with. No extension shall be granted unless the Modification Committee finds the facts to be substantially as thus set forth and to constitute justifiable cause for such extension. Extensions of modifications shall reqUire -6- 795 . . . the unanimous vote of the Modification Committee. 9292.1.18. REPORTING OF AC.TIONS, The Chairman of the Modification Committee shall report the actions taken by the Modification Committee to the Planning Commission at the Commission's first meeting following said actions. The Planning Commission may, at its own discretion and without the filing of any fee, appeal any decision of the Modifica- tion Committee within five (~) working days of the rep~rt to the CommiSsion of said decision. . ARTICLE IX. CHAPTER 2 . PART 9. DIVISION 2. TITLE 2. DIVISION AND USE OF LAND ZONING REGULATIONS VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE CHANGES AND ANNEXATIONS MODIFICATIONS ADMINISTRATIVE MODIFICATIONS 9292.2.1. PURPOSE. The purpose of the Administrative Modification is to provide a procedure whereby certain modifica- tions may be administratively granted in order to secure an appropriate improvement of a lot, to prevent unreasonable hardship or to promote uniformity of development. 9292.2.2. CREATION. There is hereby created a procedure whereby certain modifications to single-family residentialstruc- tures or accessory buildings in Zones R-O and R'-l may be granted upon .the joint approval of the Planning Department and Building Division. 9292.2.3. AUTHORITY, Administrative modifications may ... be granted upon the joint approval of the Planning Department and Building Division. Administrative modifications may ,permit such modification of the side yard, rear yard and distance between buildings as may be necessary to secure an apRropriate improvement -7- 795 . . . of a lot, to prevent unreasonahle hardship or to promote uniformity of improvement. 9292.2.4. ADMINISTRATIVE ACT, All acts performed by City officers under the provisions of this Division shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose bf this Chapter shall apply in special cases as provided in this Division and shall not be construed as amendments to the provisions of this Chapter or the Zoning Map of the City. 9292.2.5. APPLICATION FORMS" Applica tiol!forms for administrative modifications shall be obtained from the Building Pivision. Said forms shall be designed by and meet the approval of the Building Division and the Planning Department. Said forms shall . provide space for and contain the signatures of all prope,rty owners adjoining the subject property indicating their approval of the proposed development. 9292.2.6. FILING OF APPLICATIONS. , Application for an administrative modification shall be made in writing to the Building Division on the prescribed application forms. Incomplete application I forms shall not be accepted. All filed applications shall be consecutively numbered, shall become part of the .permanent official .! records of the City and shall contain copies of all notices and actions pertaining thereto. 9292.2.7. INFORMATION REQUIRED, An application for an admin~strative modification shall be accompanied by the following: 1. Completed application form. ~. Reference to, the provisions of the Code section which said property is sought to be excepted. -8- 795 . . . . . 3. A scaled plot plan and description of the subject property, description of the proposed use of the property with plot plans, floor plans and elevations for all proposed buildings drawn to Ecale. 4. In those residential areas of the City having architec- tural review b~ards, the ~eport of said boards indicating their actions relative to the proposed modification request. .. 9292.2.8. FILING FEE. Before accepting for filing any application under this title, the City shall for the purpose of defraying the expenditures incidental to the proceedings charge and collect a fee in accordance with the applicable fee schedule adopted by resolution of the City Council. 9292.2.9. INVESTIGATION. The staff of the Building Division and Planning Department shall make such investigation on each application as necessary for their full and complete consi- deration of the application. 9292.2.10. DECISION. Within ten (10) working days of the receipt in proper form. of a request for an administrative modifica- tion, the Building Division and Planning Department shall render their joint decision of approval, conditiona~ approval or denial of the request. Notice of said decision shall be made in writing to the applicant. 9292.2.11. APPEALS. Appeals from the joint decision of the Planning Department and Building Division shall be made to the Modification Committee. Said appeal shall be made in writing and .' . delivered to the Building Division within five (5) .working da;xs of the joint decision and shall be accompanied by an ownership list, for all property owners within one hund!ed feet (100') of the subject -9- 795 , ' . . . property and an appeal fee in accordance with the applicable fee scheduJ.e adopted by resolution of the City Counci1. Upon receipt in proper form of an appeal the Building Divis.ion shall fix a time. and place for public hearing thereon to be held not less than ten (.10) calendar days nor more than forty (40) calendar days ther~after. Public notice of the public hearing shall be given in the same manner as set forth in Section 9292.1.13. After action on appeal by the Modification Committee, an appeal may be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working,days of the Modification Committee's decision and shall be accompanied by an appeal fee in accordance with the appli- . cable fee schedule adopted by resolution of the City Council. . Upon notification of such an appeal the applicant of the original modification request shall provide and deliver to the Planning Department an eight inch by ten inch (8" x lO") cleaT film positive and negative of the proposed development. Upon receipt in proper form of an appeal from'the Modifi- cation Committee's decision, the secretary of the Planning Commission shall fix a time and place for public hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Public notice of the public hearing shall be given in the same manner as set forth in Section 9292.1.13. Appeals from the Planning Commission's decision shall be made to the City Council. Said appeal shall be made in writing , and delivered to the City Clerk within five (5) working days of the Planning Commission's decision and shall be accompan1ed by an appeal , fee in accordance with the applicable fee schedule adopted by resolution of the City Council. . -10- 795 : . . . At its next regular meeting after the filing of such appeal, the Council shall set a date for a public hearing thereon. The matter of setting the hearing and giving of notice shall be the same prescribed, for hearings before the Planning Commission. 9292.2.12. EFFECTIVE DATE OF MODIFICATION. No permit or license shall be issued for any use involved in an ,application for an administrative modification until action on such application shall have become final by reason of the expiration of time to make an appeal as herein pro~ided. 9292.2.13. EXPIRATION OF MODIFICATION. If for a period of six (6) months 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. 9292.2.14. EXTENSION OF MODIFICATION. No extension of an administrative modification may be granted. A new application may be filed for any administrative modification which has expired. 9292.2.15. REPORTING OF ACTIONS, The secretary of the Planning Commission shall report the actions taken under the pro- visions for AdmiAistrative Modifications to the Planning Commission at the Commission's first meeting following said actions. The Planning Commission may at its own discretion and without the filing of any fee, appeal any decision reached under the administrative modification procedure within five (5) working days ~. , of the report to the Commi~sion of 'said' decision." SECTION 2. That Section 9291. 2.8 of the Arcadia Municipal Code be amended to read as follows: "929i.2.8; APPEAL. Within ten (10) days after such decision by the Planning Commission, the applicant or any other -11- 795 . . . . . person aggrieved by such decision may appeal therefrom in writing to the Council by filing such with the City Clerk. A ree or One Hundred Dollars ($100.00) shall be paid to the Treasurer concurrent with the filing of any appeal concerning a variance or special use." SECTION 3. That Section 9341..4 of the Arcadia Municipal Code be deleted. SECTION 4. The ~lanning Commission finds that the public convenience, general welfare, and good zoning practice justify the above changes. SECTION 5. The Secretary shall certify to the adoption . or 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 of the City of Arcadia 'held on the, 28th' day of November , 1972, by the follow- ing vote: AYES: Commissioners Coghlan, -Erickson, Huddy, perlis and Reiter NOES: None ABSENT.: Commissioner's ~auber and Livingston .~ ~ \4,~_..~. e.. ~ Mrs. Arthur W . Rei ter Chairman' . ATTEST: ~~ William Woolard Secretary -12- 795 -' . . . . . November 14, 1972 .- TO: FROM: PLANNING COMMISSION PLANNING DEPARTMENT SUBJECT: TEXT AMENDMENT T.A. 72-11 CHANGES IN THE MODIFICATION PROVI ONS OF THE ZONING ORDINANCE The Public Hearing on this matter has been continued from the Planning Commission meeting of October 24, 1972, in order to allow the Planning Department time to incorporate certain additional points raised by the Planning Commission. Attacheq is a revised copy of the proposed text amend- ment which, if approved, woul!1i replace the existing Modifi- cation Provisions of the Municipal Code. The need for revision of the Modification Provisions has been acknowledged by the present and past members of the Modification Committee. In general, the members of the Modification Committee have felt that the existing Modifi- cation Provisions do not clearly reflect the Committee's purpose, organization, authority and procedures. The number of Modification applications has increased considerably over the past few years, from 51 applications in 1970 to an estimated 113 for the currel).t year,. Many of these applications are for minor modifications which should not necessarily require the consideration of the Modification Committee. Therefora, the Planning Department has initiated pro- ceedings for the consideration of changing the Modification Provisions of the Zoning Ordinance. There are two parts to the proposed text amendment. The first part sets forth new regulations relative to the Modification Committee, while the second part establishes a new procedure which would permit, the granting of certain limited modifications on an administrative basis. The first part is similar to the existing Modification Provisions. However, the Sections relating to purpose and procedure have been revised t,o more accurately reflect and explain the Modification. Committee process. The authority of the Committee remains essentially the same, with the exception that the building height and number of required parking spaces have been added to the Committee's authority. ~ Y~-1"'~ . . . T .A. 72-11 2 The manner of notification has been changed, increasing the radius of written notice to 100 feet and providing for pO,sting of notice on the subject property. The appeal pro- cedure has been slightly revised and more fully explained; and, the extension of modifications has been changed, making it a decision of the Modification Committee. . The second part is entirely new. This part, if adopted, would allow the granting of Administrative Modifications for side yard, rear yard and distance between buildings, modi- fication requests for buildings in zones R-O and R-l only. The application forms would require the signatures of approval of all adjoining property owners to the subject pro- perty. Approval would be granted only upon the joint approval of. the Planning Department and Building Division. An appeal procedure would be established, and, no extensions could be granted, a new application would have to be filed. The filing fees and the appeal 'fees for both procedures would be established by resolution of the City Council. The Planning Department also recommends that concurrent with the adoption of Modification Provisions as herein set forth, that Section 929l~2.8. be revised to read as follows: "APPEAL. Within ten (10) days after such decision by the Planning Commission, the applicant/or any other person aggrieved by such decisiont may appeal therefrom in writing to the Council by 'filing such with the City Clerk. A fee of One Hundred Dollars C$100.00) shall be paid to th~ Treasurer concurrent. with the filing of any appeal concerning a variance or special use." Also, Section 9341.4. be deleted entirely, as it would be included in the new modification provisions. The adoption of this text amendment should facilitate the work of the Modification Committee and City staff, and greatly facilitate the public I s understanding of the Modifi- cation Procedure. PLANNING DEPARTMENT . ~~ WILLIAM WOOLARD DIRECTOR OF PLANNING WW:db Attachments . . . ARTICLE C!-lAPTER PART DIVISION TITLE IX, DIVISION AND USE OF LAND 2. ZONING REGULATIONS 9. VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE CHANGES AND ANNEXATIONS 2. MODIFICATIONS 1. MODIFICATION COMMITTEE . 9292.1.1. PURPOSE. The purpose of the Modification Committee procedure is to secure an appropriate improvement of a lot, to prevent unreasonable hardship,,-or to promote uniformi ty of development. 9292.1. 2. CREATION. There is hereby created a Modi- fication Committee composed of the following persons: 1. The Chairman of the Planning Commission,~or such member of the Planning Commission as the Chairman may from time to time designate. . 2. The Planning Director or his designated deputy. 3. The City Manager or his designated deputy. The Chairman of the Modification Committee shall be the Planning Commission member thereon. ( The Building Superintendent or his designated deputy shall serve as secretary to the Modification Committee. 9292.1.3. MEETINGS. The Modification Committee shall meet at the call of the Chairman. . 9292.1.4. AUTHORITY. The Modification Committee shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Front, side or rear yard setbacks. 2. Driveway and parking stall size requirements. 3. Apartment unit size. 4. Building length. S. Distance between buildings. 6. Usable open space regulations. 7. Fence, wall and hedge regulations. 8. Sign regulations. 9. Utility and storage space requirements. 10. Swimming pool regulations. 11. Building height. 12.. Number of required parking spaces. 13. When the maximum number of units permitted in the R-2 and R-3 zones have a fractional remainder greater than one-half, the Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number. -1- . . . The Modification Committee shall have the authority to modify any established setback upon the written certi- fication of the Director of Public Wo~ks that the requested or proposed setback modification will not adversely affect any proposed widening of the adjoining street, or that there is no foreseeable need for street widening purposes of any of the property affected by the modification. Modi- fications to the established setbacks shall require the unanimous vote of the Modification Committee. . 9292.1.5. REFERRAL T~PLANNING COMMISSION. The Modi- fica tion Commi tteet may, j..n its discretion, refer any modification application to the Planning Commission for its decisiont. without further fee to the applicant. 9292.1.6. ADMINISTRATIVE ACT. All acts performed by eity officers under the' provisions of this Division shall be construed as administrative acts performed for the pur- pose of assuring that the intent and purpose of this Chapter shall apply in special cases~ as provided in this Division~ and shall not be construed as~mendments to the provisions of this Chapter or the Zoning Map of the City. 9292,1.7. APPLICATION FORMS. Application forms for modifications shall be obtained from the Building Division. Said forms shall be designed by and meet the approval of the Building Division and the Planning Department. 9292.1.8. FILING OF APPLICATIONS. Modification appli- cations shall be made in writing to the Building Division on the prescribed application forms. Incomplete application forms shall not be accepted. All filed applications shall be consecutively numbered, shall become part of the per- manent official records of the City, and shall contain copies of all notices and actions pertaining thereto. 9292.1.9. INFORMATION REQUIRED. A modification appli- cation shall be accompanied by the following: 1. Completed application forms. 2. Reference to the provisions of the eode section from which _!!~.i.sl property is sought to be excepted. 3. AS~plan and description of the subject property, description of the proposed use of the property with plot plans, floor plans and elevations for all proposed buildings. / 4. In those resid,ential areas of the City having ,Architectural/Review Boards, the report of said boards indi- cating their actions relative to the proposed modification request. ~-. ~~s 1eA-f:: . -2- . . . 92.92.1.10. FILING FEE. Before accepting for filing any application under this title, the City shall charge and collect a fee in accordance with the applicable fee schedule adopted by res.olution of the City Council. 9292.1.11. INVESTIGATION. The Building Division staff shall investigate and report on each modification applica- tion providing information necessary for the Committee's full and complete ~onsideration of the application. The members of the Modification Committee or their designated representatives may also undertakel~ch investigation of each modification application as they deem necessary for their full and complete consideration of the application. . 9292.1.12. SCHEDULING FOR PUBLIC HEARING. Upon the receipt in proper form of a modification application, the secretary of the Modification Committee shall fix a time and place for public hearing thereon~ to beheld not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. 9292.1.13. NOTICES. Not less than ten (10) calendar days before the date of such public hearing, public notice shall be given by mailing, postage prepaid, to all property owners within one hundred (lOO)~etflof the subject property and the applicant. In addition, signs, at least eight (8) inches by ten. (10) inches, shall be posted on the subject property by the Building Division staff~ and shall set forth substantially the same information included in any mailed notice. There shall be at least one (1) such sign for each one hundred (10,0) fee!.,;lof street frontage of the subject property. Said 'h-gfis shall be posted at least ten (10) calendar days prior to the public hearing,. 9292.1.14. APPEALS. Appeals from the Modification Committee's decision shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Modification Committee's decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon notification of su~h an appea~ the applicant of the original modification request shall provide and deliver to the Planning Department ani eight (8) inch by ten (10) inch clear film positive and negative of the proposed . development. Upon receipt in proper form of an appeal from the Modification Committee's decision, the secretary of the Plannjng Commission shall fix a time and place for public hearing thereonj to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Public notice of the public hearing, shall be given in the same manner as set forth in Section 9292.1.13. . - . -3- . . . Appeals from the Planning Commission's decision shall be made to the City Council. Said appeal shall be made in writing and delivered to the City Clerk within five (5) working days of the Planning Commission's decision and shall be accompanied by an appeal fee in accordance with the applicable few schedule adopted by resolution of the City Counc i1. At its next regular meeting after the filing of such appeal, the Council shall set a date for a public hearing thereon. The matte.r of setting the hearing and giving of notice shall be the same as prescribed for hearings before the Planning Commission. 9292.1.15. EFFECTIVE DATE OF MODIFICATION. No permit or license shall be issued for any use involved in an appli- cation for a modification until action on such application shall have become final by reason of the expiration of time to make an appeal as herein provided. . 9292.1.16. EXPIRATION OF MODIFICATION. If for a period of six (6) months any use authorized by any modification isl or has been unused, abandoned or discontinued or the con- ditions have not been complied with, said modification shall become null and void and of no effect. 9292.1.17. EXTENSION OF MODIFICATION. An extension of a modification may be granted by the Modification Committee upon the written request of an interested person filed with the secretary of the Modification Committee prior to the expiration of the modification. Said request shall set forth reasons supported by factual data why the modification has been unused, abandoned, discontinued or the conditions not fully complied with. No extension shall be granted unless the Modification Committee finds the facts to be sub- stantially as thus set forth and to consti.tute justifiable cause for such extension. Extensions of modifications shall require the unanimous vote of the Modification Committee. 9292.1.18. REPORTING OF ACTIONS. The Chairman of the Modification Committee shall report the actions taken by the Modification Committee to the Planning Commission at the C.ommission's first meeting following said actions. The Planning Commission may"at its own discretionll. and without the filing of any fee, appeal any deci.ion of ~e Modification Committee within five (5) working days of the report to the Commission of said decision. . -4- . . . ARTICLE CHAPTER PART DIVISION TITLE IX DIVISION AND USE OF LAND 2. ZONING REGULATIONS 9. VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE CHANGES AND ANNEXATIONS 2. MODIFICATIONS 2. ADMINISTRATIVE MODIFICATIONS 9292.2.1. PURPOSE. The purpose of the Administrative Modification is to provide a procedure whereby certain modi- fications may be administratively granted. in order to secure an appropriate imprcvement of a lof, to prevent un- reasonable hardshiPf,or to promote uniformity of development. 9292.Z.2. CREATION. There is hereby created a pro. cedure whereby certain modifications to single family resi- dential structures or accessory buildings in zones R-O and R-l may be granted upon the joint approval of the Planning Department and Building Division. . 9292.2.3. AUTHORITY. Administrative modifications may be granted upon the joint approval of the Planning Depart- ment and Building Division.,::~ . AdmInistrative modifications may permit such modifi- cation of the' side yard, rear yard and distance between buildings as may be necessary to secure an appropriate im- provement of a lot, to prevent unreasonable hardshi~~ or to promote uniformity of improvement. ' 9292.2.4. ADMINISTRATIVE ACT.- All acts performed by Qity officers under the provisions of this Division shall be construed as administrative acts performed for the pur- pose of assuring that the intent and purpose of this Chapter -shall apply in special casesvas provided in this Division~ and shall not be construed as amendments to the provisions" of this Chapter or the Zoning Map of the City. 9292.2.5. APPLICATION FORMS. Application forms for administrative modifications shall be obtained from the Building Division. Said forms shall be designed by and meet the approval of the BUilding Division and the Planning Departmen t.f}- /-_./. Said forms shan provide space for and contain the signatures of all property owners adjoining the subject property indicating their approval of the proposed develop- ment. . 9292.2..6. FILING OF APPLICATIONS. Application for an administrative modification shall be made in writing to the Building Division on the prescribed application forms. In- - 5- . . I- complete application forms shall not be accepted. All filed applications shall be consecutively numbered, shall become part of the permanent official records of the City, and shall contain copies of all notices and actions pertaining thereto. 9292.2.7. administrative following: 1. Completed application form. 2. Reference to the provisions of the eode section which said,l2.I;SlIlerty is sought to be excepted. 3. A~pror plan and description of the subject property, description of the proposed use of the property with plot ~_ plans, floor plans and elevations for all proposed buildings. . / 4. In those residential areas of the City having ~rchitectural Review,Boards, the report of said boards ~_'~/. indica'ting their actions relative to the proposed modi- ~. fication request. INFORMATION REQUIRED. An application for an modification shall be accompanied by the . 9292.2.8. FILING FEE. Before ac.cepting for filing any application under this title, , the City shall for the' purpose of defraying the expenditures incidental to the pro- ceedIngs charge and collect a fee in accordance with the applicable fee schedule adopted by resolution of the City Council. 9292.2.9. INVESTIGATION. The staff of the Building Pivision and Planning Department shall make such investigation on each application as necessary for their full and complete consideration of the application. 9292.2.10. DECISION. Within ten (10) working days of the receipt in proper form of a request for an administrative modification, the Building Division and Planning Department shall render their joint decision of approval, conditional approval' or denial of the request. Notice of said decision shall be made in writing to the applicant. 9292.2.11. APPEALS. Appeals from the joint decision o~ the Planning Department and Building Division shall be made to the Modification Committee. Said appeal shall be made in writing and delivered to the Building Division within five (5) working days of the joint decisionffand shall be accompanied by an ownership list for all property owners within one hundred (100) feet of the subject property and an appeal fee in accordance with the applicable fee schedule adopted by r.esolution of the City Council. . -6- . . . Upon receipt in proper form of an appeal the Building Division shall fix a time and place for public hearing thereon~ to be held not less ~han ten (10) calendar days nor more than forty (40) calendar days thereafter Public notice of the public hearing shall be given in the same manner as set forth in Section 9292.1.13.' . After action on appeal by the Modification Committee, an appeal may be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within five (5) working days of the Modification Committee's decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon noti.fica tion of such an appeal the applicant of the original modification request shall provide and deliver to the Planning Department an eight (8) inch by ten (10) inch clear film positive and negative of the. proposed de- velopment. Upon the receipt in proper form of an appeal from the Modification Committee's decision, the secretary of the Plan- ning Commission shall fix a time and place for public hearing thereon~to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Public notice of the public hearing shall be given in the same manner as set forth in Section 9292.1.13.'. Appeals from the Planning Commission's decision shall be made to the City Council. Said appeal shall be made in writing and delivered to the City Clerk within five (5) working days of the Planning Commission's decision and shall be accompanied by an appeal fee in,accordance with the applicable fee schedule adopted by resolution of the City Council. At its next regular meeting after the filing of such appeal, the Council shall set a date for a public hearing thereon. The matter of setting the hearing and giving of notice shall be the same prescribed for hearings before the Planning Commission. 9292.2.12. EFFECTIVE DATE OF MODIFICATION. No permit or license shall be issued for any use involved in an appli- cation for an administrative modification until action on such application shall have become final by reason of the expiration of time to make an appeal as herein provided. . 9292.2.13. EXPIRATION OF MODIFICATION. If for a period of six (6) months any use authorized by any modification is. or has been unused, abandoned or discontinued for the coftditions have not been complied with, said modification shall become null and void and of no effect. -7- . . . 9292.2.14. EXTENSION OF MODIFICATION. No extension of an administrative modification may be granted. A new application may be filed for any administrative modification which has expired. 9292.2.15. REPORTING OF ACTIONS. The Secretary of the Planning Commission shall report the actions taken under the provisions for Adlllinistrative Modifications to the Planning Commission at the Commission's first meeting following said actions. The Planning Commission may at its own discretion and without the filing of any fee, appeal any decision reached under the administrative modification procedure within five (5) working days of the report to the Commission of said decision. . . -8-