HomeMy WebLinkAbout9/16/2015 - STAFF REPORTS 4O�?A`M S'04
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DATE: Public Hearing
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SUBJECT: DEBBIE GORDON APPEALING THE JUNE 24, 2015, DECISION OF
THE PLANNING COMMISSION TO GRANT A VARIANCE APPLICATION
AND APPROVE A MAJOR ARCHITECTURAL REQUEST BY GANDO
PROPERTIES FOR THE CONSTRUCTION OF AN APPROXIMATELY
96,445-SQ. FT. OFFICE SPACE, WAREHOUSE AND SELF STORAGE
FACILITY ON AN APPROXIMATELY 4.5-ACRE PARCEL LOCATED AT
THE SOUTH EAST CORNER OF GENE AUTRY TRAIL & TACHEVAH
DRIVE, ZONE M-1-P.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider an appeal by Debbie Gordon seeking to overturn a
decision of the Planning Commission of June 24, 2015 to grant a variance request and
approval of a major architectural application by Gando Properties for the construction of
an approximately 96,445 square feet of office space, warehouse and a self storage
facility. The appellant is asking the City Council to overturn the decision of the Planning
Commission.
RECOMMENDATION:
1 . Open the public hearing and receive public testimony.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION DECISION TO GRANT A VARIANCE
REQUEST FOR REQUIRED REAR AND SIDE YARD SETBACKS
REDUCTIONS AND APPROVAL OF MAJOR ARCHITECTURAL
APPLICATION FOR CASE NO. 3.3830-MAJ & 6.542-VAR FOR THE
CONSTRUCTION OF AN APPROXIMATELY 96,445-SQ. FT. OFFICE
SPACE, WAREHOUSE AND SELF STORAGE FACILITY ON AN
APPROXIMATELY 4.5-ACRE PARCEL LOCATED AT THE SOUTH
EAST CORNER OF GENE AUTRY TRAIL & TACHEVAH DRIVE."
ITEM NO.
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Springs,CA 92262
"0 +�D Tel:(760)323-8204 • Fax:(760) 322-8332 • TDD:(760)864-9527 • Web: www.paimspringsca.gov
NOTICE OF CONTINUANCE
NOTICE IS HEREBY GIVEN that the Regular Meeting held on September 2, 2015, the
City Council continued Public Hearing Item No. 1.A. to September 16, 2015:
DEBBIE GORDON APPEALING THE JUNE 24, 2015, DECISION OF
THE PLANNING COMMISSION TO GRANT A VARIANCE
APPLICATION AND APPROVE MAJOR ARCHITECTURAL REQUEST
BY GANDO PROPERTIES FOR THE CONSTRUCTION OF AN
APPROXIMATE 96,445 SQ. FT. OFFICE SPACE, WAREHOUSE, AND
SELF STORAGE FACILITY ON AN APPROXIMATELY 4.5-ACRE
PARCEL AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL
AND TACHEVAH DRIVE:
ACTION: 1) Continue the Public Hearing to September 16, 2016; and
2) Direct the City Clerk to post a Notice of Continued Public Hearing and
Notice the Appellant. Motion by Councilmember Mills, seconded by
Mayor Pro Tem Lewin and carried unanimously
I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice
of Continuance was posted at or before 6:00 p.m. on September 3, 2015, as required by
established policies and procedures.
AMES THOMPSON
City Clerk
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18
Post Office Box 2743 0 Palm Springs, California 92263-2743
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1350 PDD 374/GPA/CUP, CASE 3.3795 MAJ
AN APPLICATION BY 750 LOFTS, LLC FOR A MIXED-USE HOTEL
DEVELOPMENT ON A 1.13-ACRE PARCEL
LOCATED AT 750 NORTH PALM CANYON DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a
public hearing at its meeting of September 16, 2015. The City Council meeting begins at 6:00 p.m., in
the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider a proposal for construction of a 39—room hotel with
restaurant, lounge and spa uses. The application includes: (1) a planned development district in lieu
of a change of zone to establish permitted development standards, (2) a general plan amendment to
change the land use designation from Neighborhood Community Commercial (NCC) to Central
Business District (CBD); (3) a major architectural application (MAJ) to review the proposed
architecture and site design; and (4) a Conditional Use Permit (CUP) for spa uses, cocktail lounge
uses, hotel uses where more than 10% of the rooms have cooking facilities, to invoke the high-rise
ordinance and to seek deviations from the development standards therein, located at 750 North Palm
Canyon Drive. Zone C-1/R-3/PDD 104/Las Palmas Business Historic District (APN 505-303-018).
(Case 5.1350 PDD 374 / GPA / CUP, and Case 3.3795 MAJ)
ENVIRONMENTAL DETERMINATION: An initial study was conducted and a Mitigated Negative
Declaration (MND) is proposed for this project under the guidelines of the California Environmental
Quality Act (CEQA). Members of the public may view this document at the Planning Services
Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments
at, or prior to, the City Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding
this project are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would
like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council by
letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk at,
or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Flinn Fagg, Director of Planning Services, at (760) 323-8245.
Si necesita ayuda con esta carta, por favor flame a la Ciudad de Palm Springs y puede hablar con
Felipe Primera telefono (760) 323-8253.
a
mes Thompson, City Clerk
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Ms. Deb Gordon
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2073 W. Acacia Road
Palm Springs, CA 92262
City of Palm Springs
Office of the City Clerk
os• 3200 E. Tahqui¢Canyon Way • Palm Springs, CA 92262
R�n°v Tel: (760) 323-8204 • Pax: (760) 322-8332 • TDD: (760)864 9527 • Web: www.palmspringsca.gov
September 3, 2015
Ms. Deb Gordon
2073 W. Acacia Road
Palm Springs, CA 92262
Subject: Appeal of Planning Commission June 24, 2015, Decision
Gando Properties
Dear Ms. Gordon:
Please find attached the original Notice of Public Hearing and the Notice of Continuance
for the above. The public hearing will be held on at 6:00 p.m., September 16, 2015, in
City Council Chamber located at 3200 E. Tahquitz Canyon Way, Palm Springs.
Please feel free to contact our office if there are any questions.
Sincerely,
Kathie Hart, MMC
Chief Deputy City Clerk
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Post Office Box 2743 0 Palm Springs, California 92263-2743
Kathie Hart
From: we bcustomerservice@ontrac.com
Sent: Thursday,September 03, 2015 3:12 PM
To: Kathie Hart
Subject: OnTrac Shipment Notification
OnTrac Shipment Notification
Tracking Number:C11332500035656
Pickup Address
CITY OF PALM SPRINGS
3200 TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
Delivery Address
MS. DEB GORDON
2073 ACACIA RD W
PALM SPRINGS, CA 92262-3617
Ship Date: 9/3/2015
Service: CAL-TRAK
Reference: CITY CLERK
To track the status of the shipment click the link:
http://www,ontrac.com/trackres.asp?tracking number=C11332500035656
For more information please visit us at our website at http://www.ontrac.com or call us at 800-334-5000.
Thank you for using OnTrac!
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messages in the future please notify your shipper.
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error, please note that any dissemination or copying of this information is strictly prohibited.
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PLANNING SERVICES
Mr. Flinn Fagg, Director of Planning Services DEPARTMENT
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Appeal of Planning Commission Decision
Case 3.3830-MAJ — Gene Autry Trail Self Storage
Dear Mr. Fagg:
This letter will serve as a formal written appeal of the City of Palm
Springs Planning Commission approval of Case 3.3830-MAJ that
was heard and approved on June 24, 2015. I watched the
Planning Commission Hearing on television, and as a Palm
Springs resident, I believe there are already too many self storage
facilities in Palm Springs and this site should not be allowed to be
developed as a self storage facility.
Thank you
lib
Deb Gordon 90
2073 W. Acacia Road r--
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Palm Springs, California PC =m
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OF PALM Sf" s
July 3, 2015 2015 JUL —8 PM 3: 02
Mr. James Thompson, City Clerk 3 A Cl y @LER K1
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92262
Re: Palm Springs Planning Item 3.3830MAJ
Appeal of Planning Commission Decision
Dear Mr. Thompson
I am involved as a partner in a Limited Liability Company that has owns land in Palm
Springs and have previously been involved in the development and ownership of other
land in Palm Springs.
This letter will serve as my appeal of the City of Palm Springs Planning Commission
approval of Item 33830-MAJ that was beard and approved on June 24 , 2015.
1 believe that the Planning Commission is establishing an incorrect and bad precedent by
increasing the 20 foot rear and side setbacks on this property to 40 and 50 feet on the
South and East side of their property. This action will penalize other properties that abut
the Escena development.
Your current zoning code provides for a 20 foot rear and side setback when M-1-P
property abuts other M-1-P property and that all zoning and or change of zoning,
including Planned Developments, must be reflected on your Official Zoning Map. I have
visited your official Zoning Map on line and it does not reflect that the adjacent Planned
Development was every finalized and shows the property involved in Item 3.3830-MAJ,
and the adjacent Escena land, to be both zoned M-1-P. Thus a side and rear setback of 20
foot is the maximum required and no variance and a larger setback should legally have
been required of this project.
Thank you,
4St
ery aria, CA 93454
07/08/2015 15:30 FAX 7603228332 PALM SPRINGS CITY CLERK Q 001
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City of Palm Springs
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Ln Office of the City Clerk
P. O. Box 2743, Palm Springs, CA 92263
Fax(760) 322-8332
C'1U FOVL www.palmspringsca.gov
i
Fax Transmittal
TO: George Menzel
j FROM: Cindy Berardi, Deputy City Clerk (760) 323-8204
i
DATE: July 8, 2015 Pages, (incl this page)6
SUBJECT: Appeal Case No. 3.3830-MAJ
I
X"For Revi6vi6Re
i
i Comments:
We received you- request for appeal, however, receipt of $982-18 ($546.00 appeal
fee plus $436.1e notification charges) is due today (we close at 6:00pm) in
accordance with;the following section of the Palm Springs Municipal Code regarding
appeals to the City Council. For your information, we have just received another
appeal on the sarrre case.
I
PALM City of Palm Springs
Office of the City Clerk
m P. O. Box 2743, Palm Springs, CA 92263
(760) 323-8204
Fax(760) 322-8332
C�L r F ORN\' www.palmspringsca.gov
Fax Transmittal
TO: George Henze]
FROM: Cindy Berardi, Deputy City Clerk (760) 323-8204
DATE: July 8, 2015 Pages: (incl this page) 6
SUBJECT: Appeal Case No. 3.3830-MAJ
_Urgent X For Review/Reply _Please Comment
Comments:
We received your request for appeal; however, receipt of $982.18 ($546.00 appeal
fee plus $436.18 notification charges) is due today (we close at 6:00pm) in
accordance with the following section of the Palm Springs Municipal Code regarding
appeals to the City Council. For your information, we have just received another
appeal on the same case.
RAUsers\C-CLKSCindy\faxes\Fax TransmittaN.doc
Chapter 2.05 APPEAL TO CITY COUNCIL Page 1 of 3
Palm Springs Municipal Code
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Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.05 APPEAL TO CITY COUNCIL
2.05.010 Exclusive procedure.
Except in cases involving the administrative appeals board pursuant to Chapter 2.50 or as otherwise specifically provided
by this code or other ordinances, all appeals to the city council otherwise allowed by the code or other ordinances shall be
prosecuted in accordance with this chapter. (Ord. 1537 § 1, 1996: Ord. 1226 § 1, 1984)
2.05.020 Definitions.
For purposes of this chapter:
(1) "Aggrieved person"means:
(A) Any applicant who has been denied a permit or license or who has been granted a permit or license subject to
conditions by any administrative officer or agency of the city, where such denial or grant is otherwise appealable; or
(B) Any person who was entitled to notice of the application by another for a permit or license, whether or not such
notice was actually given, and who is dissatisfied that the permit or license was granted with or without conditions,
where such grant is otherwise appealable; or
(C) Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon
whom a substantial burden or obligation is imposed by the action or decision appealed from.
(2) "Administrative agency" means an organ of the city government other than the city council which affects the rights
of private parties through adjudication or rulemaking.
(3) "Administrative officer" means an officer of the city who is not a member of the legislative body or appointed boards
or commissions. Such officers include but are not limited to the city manager, chief of police, director of transportation and
director of community development.
(4) "Appellant"means an aggrieved person directly affected by an action, who files an appeal.
(5) "Intervenor" means a person aggrieved by the grant of a permit or license to another, or who was entitled by law to
notice of the action taken, who seeks to be heard concerning such person's interest in an appeal.
(6) "Respondent"means the administrative officer or agency which took the action appealed from, and any other
administrative officer or agency named as respondent in an appeal.
(Ord. 1226 § 1, 1984)
2.05.030 Filing of appeal.
A person aggrieved by an action taken by an administrative officer or administrative agency of the city may appeal the
action to the city council, if the action is made appealable by applicable provision of the Palm Springs Municipal Code or other
city ordinance, by filing with the city clerk a written notice of appeal which sets forth the appellant's full name and mailing
address, the specific action appealed from, the grounds for the appeal and the relief sought; and paying to the city clerk such fee
as the city council may establish by resolution. (Ord. 1226 § 1, 1984)
2.05.040 Time of filing.
The notice required by Section 2.05.030 shall be filed no later than ten days following the date of mailing to appellant of
notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen
days following the date of the action which is the subject of the appeal. The city clerk shall furnish a copy of the appeal to the
respondent within five days after filing. (Ord. 1226 § 1, 1984)
2.05.050 Time of hearing—Notice.
(a) The city clerk, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the council.
http://www.gcode.us/codes/palmsprings/view.php?topic=2-2_05&showA11=1&frames=on 7/8/2015
Chapter 2.05 APPEAL TO CITY COUNCIL Page 2 of 3
The appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such
time limits.
(b) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the city clerk to the appellant,
respondent and all other persons, if any,to whom notice of the initial application or action was required, not less than ten days
prior to hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be
published in like manner. (Ord. 1233 § 1, 1985: Ord. 1226 § 1, 1984)
2.05.060 Answer and cross-appeal.
Respondent is not required to file an answer to the appeal. If no answer is filed, every material allegation of the appeal is
in issue.
After an appeal has been initiated, a cross-appeal may be brought by any person who would otherwise have had standing
to appeal the subject action or decision. The cross-appellant shall file a written notice of cross-appeal with the city clerk stating
cross-appellant's fill name and mailing address,the specific action appealed from, the grounds for the cross-appeal and the relief
sought. Such notice shall be filed no less than five days prior to hearing except for good cause shown to the satisfaction of the
city council. (Ord. 1226 § I, 1984)
2.05.070 Designation of parties.
(a) A person who is aggrieved by the denial to him of a permit or license or the grant to him of such permit or license with
conditions, or whose personal or property right was the subject of the action appealed from, shall be designated "appellant."
(b) A person who is aggrieved by the grant with or without conditions of a permit or license to another, or who was entitled by
law to receive notice of the application for permit or license whether or not such notice was actually given, shall be designated
"intervenor."
(c) Unless the appeal names some other respondent, the administrative officer or administrative agency which took the action
or made the decision appealed from shall be designated"respondent." (Ord. 1226 § 1, 1984)
2.05.080 Hearing by council.
At the time of hearing of the appeal by the city council, the appellant shall be limited in his presentation to the specific
grounds for appeal set forth in his notice of appeal and shall have the burden of establishing cause why the action appealed from
should be altered, reversed or modified. All parties shall have the right to be heard by the council either in person or by counsel.
Technical rules of evidence shall not apply in proceedings under this chapter.No party shall have the right to cross-examine any
other party or witness except for good cause shown to the satisfaction of the council. (Ord. 1226 § 1, 1984)
2.05.090 Dismissal for nonprosecution.
If appellant fails to appear, either in person or by counsel, at the appointed time and place for hearing, such failure to
appear shall constitute sufficient grounds for denial of the appeal. Such denial for nonprosecution shall not affect the right of a
cross-appellant, if any, to proceed with a cross-appeal. (Ord. 1226 § 1, 1984)
2.05.100 Time for decision—Effective when.
(a) The city council shall render its decision within fifteen days following the conclusion of the hearing of the appeal. Upon
finding good cause to do so, the city council may extend the time for rendering its decision up to ninety days. The council by its
decision may reverse, modify or affirm the administrative action taken.
(b) No later than five days following the rendering of the council's decision the city clerk shall mail or otherwise deliver a
copy of said decision to each party who appeared during the proceedings, or who requested to be furnished a copy of the
decision. Failure of the city clerk to mail or deliver a copy of the decision to each party or to any party shall not affect the finality
or effectiveness of the decision. The council's decision shall be final and effec
tive at the final adjournment of the meeting at which the decision is rendered, except in those cases where the council is
authorized to grant a rehearing, in which case the council's decision shall be final and effective:
(1) When the time to petition for rehearing has expired without the tiling of a petition for rehearing; or
(2) Upon the denial of a petition for rehearing.
(Ord. 1226 § 1, 1984)
http://www.gcode.us/codes/palmsprings/view.php?topic=2-2_05&showAll=1&frames=on 7/8/2015
Chapter 2.05 APPEAL TO CITY COUNCIL Page 3 of 3
2.05.110 Reconsideration.
Without granting a rehearing, the city council may reopen and reconsider a decision at any time before the decision
becomes final. A motion to reconsider may be made only by a member of the city council who voted in favor of the decision.
(Ord. 1226 § 1, 1984)
2.05.120 Rehearing.
In those cases where the effect of a decision on appeal is to deny a permit or entitlement, an appellant may apply for a
rehearing by filing with the city clerk and serving upon the other parties, within fifteen days of the date when the decision was
rendered, a petition therefor. Within thirty days after the filing of such petition, the council shall grant or deny the petition, in
whole or in part. Failure to act within the thirty day limit shall constitute denial of the petition. (Ord. 1226 § 1, 1984)
View the mobile version.
http://www.gcode.us/codes/palmsprings/view.php?topic=2-2_05&showAll=1&frames=on 7/8/2015
PLANNING
1.Some fees may be discounted for multiple applications of similar nature(excludes maps&legislative actions.)
2.Work done without permits will be assessed the base fee plus a fine of the same amount.
3.Major project revisions during application review/plan check may result in 50%additional fee.
Imaging Fees Current Fees
Administrative Minor Modifications 10.00 556.00
Adult Oriented Business Permits
Processing and Issuing 2,136.00
Annexation to Palm Springs 5,000 Deposit
Actual consultant/attorney/staff costs
Antenna Permits
Homeowner 10.00 69.00
Commercial 10.00 417.00
Appeals
Planning Commission decision to City Council 26.00 520.00 plus notification
Planning Director decision to Planning Commission 26.00 279.00 plus notification
Architectural Approval
(SEE:"Plan Checking Fees-Planning'for additional charges) (SEE: "Building Division'Permits'and'Plan Check'.)
Major Architectural Approval(See note re:discounted fees)
Over 5 acres 88.00 4,236.00
50%increase—bldg.area to 5 acres 88.00 1,736.00
Single-Family House—Hillside 52.00 3,217.00
Single-Family House—Non-Hillside 52.00 1,759.00
Minor Architectural Approval—P.C.
Planning Commission Review 26.00 580.00
Front Yard Gates,Entry Features,Landscaping—non SFR 10.00 117.00
Incidental Minor Architectural(Staff Approval) 10.00 244.00
Re-paints—to match existing 16.00 34.00
Re-roof—similar materials—SFR—match existing 16.00 34.00
Comprehensive Fee Schedule 07-01-2015 Page-49-
PLANNING(Continued)
Imaging Fees Current Fees
Local Development Mitigation Fee(R22953 and CPI increase 7/1/15)(Cont'd)
Commercial 5,809.00 per acre
Industrial 5,809.00 per acre
Lot Line Adjustments/Certificates of Compliance
Staff Approval 10.00 913.00 each
City Council Approval(See note re:discounted fees) 26.00 1,158.00 each
(Changed conditions of map approval)
Medical Cannabis Cooperatives or Collectives(R22458)
Application Fee(full reimbursement of costs to administer) 7,500.00 deposit
Appeal Fee(full reimbursement of costs to administer) 750.00 deposit
Mural Permit(R23613) 1,872.00
Notification Charges
Planning Commission Only 436.18
Planning Commission and City Council 872.36
Park Fees In-Lieu of Dedication's
Quimby Park Act
Plan Checking Fees—Planning(see Plan Check Fees—Planning for additional charges)
The following fee may be added to any plan requiring Planning Division reviews.
Single-family residential(total building area:)
1,200—2,000 sq.ft. 347.00
2,001 —4,000 sq.ft. 417.00
4,001—6,000 sq.ft. 508.00
Over 6,000 sq.ft. 741.00
Commercial/Multi—R Family—less than 1 acre 857.00
Commercial/Planned Developments,etc.—1 to 5 acres 1,240.00
Commercial/Planned Developments,etc.—over 5 acres 1,653.00
Multi-Family Residents—1 to 5 acres 1,240.00
Multi-Family Residents—over 5 acres 1,653.00
Final Landscape/Ext.Lighting(New) 556.00
Planned Development District'(P.C.&C.C.)
Application Fee—under 5 acres 180.00 4.178.00 plus notification
Application Fee—over 5 acres 180.00 8,346.00 plus notification
Comprehensive Fee Schedule 07.01-2015 Page-53-
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