HomeMy Public PortalAboutOrdinance 60-20 Adoption of LA County Code relating to variance, modifications, zone changes, petitions, notices, hearings by ReferenceORDINANCE NO. 60-20
AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALI-
FORNIA AMENDING ORDINANCE NO. 1494 OF THE
COUNTY OF LOS ANGELES (AS AMENDED) AS ADOPTED
BY THE CITY OF TEMPLE CITY BY SECTION 9100 OF
THE MUNICIPAL CODE AND AMENDED BY SECTION 9103
OF SAID CODE
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City of Temple City has heretofore,
by Section 910D-Ur-the Municipal Code, adopted Ordinance No.
1494 of the County of Los Angeles, as amended.
SECTION 2. Said Ordinance No. 1494 of the County of
Los Angeles was - amended by Section 9103 of the Municipal Code by
deleting Chapter 6 in its entirety and substituting an entirely
new Chapter 6, the sections which are numbered 601 through 617.
The deletions, additions, corrections or changes hereinafter
referenced are all referenced to the substituted Chapter 6.
SECTION 3. Articles 2, 3, 4 and 5 of Chapter 6 are
hereby amended -as follows:
By striking Articles 2, 3, 4 and 5 of Chapter
6 in their entirety.
SECTION 4. The following shall be inserted as Ar-
ticle 2 of Chapter -6:
"ARTICLE 2 (Chapter 6) VARIANCES, MODIFICATIONS,
ZONE CHANGES, PETITIONS, NOTICES, HEARINGS.
"Section 608. The following regulations shall
app y to he granting of variances, modifica-
tions and zone changes.
"Section 609. Variances. When practical dif --
fidulTies, _ unnecessary hardships or results
inconsistent with the general purposes of this
Ordinance occur by reason of a strict inter-
pretation of any of the provisions of this Or-
dinance, and the Planning Commission upon its
own motion or upon the verified application of
any interested person, may in specific cases
initiate proceedings for the granting of a var-
iance from the provisions of this Ordinance
under such conditions as may be deemed neces-
sary to assure that the spirit and purposes of
this Ordinance will be observed, public safety
and welfare secured, and substantial justice
done. All acts performed by city officers un-
der the provisions of this Section shall be
construed as administrative acts performed for
the purpose of assuring that the intent and
purpose of this Ordinance shall apply in spe-
cial cases, as provided in this section, and
shall not be construed as amendments to the
provisions of this Ordinance or map.
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"Section 610. Necessary Conditions.
"Before a variance may be granted, it shall be
shown:
"1. That there are exceptional or extraordi
nary circumstances or conditions applicable
to the property involved, or to the intended
use of the property, that do not apply gener
ally to the property or class of use in the
same zone or vicinity.
"2. That the granting of such variance will
not be materially detrimental to the public
health or welfare or injurious to the proper
ty or improvements in such zone or vicinity
in which the property is located.
"3. That such variance is necessary for the
preservation and enjoyment of a substantial
property right of the applicant possessed by
other property in the same zone and vicinity.
"u. That the granting of such variance will
not adversely affect the comprehensive gener
al plan.
"Section 611. Information Required.
"Applications for variances and modifications
shall be accompanied by:
"1. A plot plan and description of the prop.
erty involved, plans and descriptions of the
proposed use of the property with ground
plans and elevations for, all proposed build
ings.
"2. A reference to the provisions of the Or-
dinance from which said property is sought to
be excepted.
"Section 612. Amendments and Changes of Zone
"Whenever the public necessity, convenience,
general welfare or good zoning practice
justifies 'such action, the Planning Commis
sion or City Council upon its own motion
may, or upon the verified application of any
interested person shall, initiate proceed
ings to change the zones or regulations es
tablished by this Ordinance.
"Section 613. Filing of Applications.
" Applications for variances, modifica
tions, and changes of zone shall be made in
writing to the Planning Commission and in
such form as is approved by the Planning .
Commission. The Planning Commission may
provide forms for such purposes and may pre
scribe the type of information to be pro
vided thereon. No petition shall be received
unless it complies with such requirements.
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Applications filed pursuant to this Ordi-
nance shall be numbered consecutively in the
order of their filing and shall become a
part of the permanent official records of
the City, and there shall be attached thereto
copies of all notices and actions pertaining
thereto.
"Section 614. Filing Fees.
"Before accepting any application for fil-
ing, the City shall charge and collect the
following fees for the purpose of defraying
the expenses incidental to the proceedings .
described herein.
"1. Change of Zone. For each application
for a change of zone a fee of fifty dollars
($50.00) for the first lot or portion
thereof, plus five dollars ($5.00) for
each additional lot or portion thereof.
"2. Variance. For each application for a
variance of use of property there shall be
a fee of fifty dollars ($50.00) for the
first lot or portion thereof, plus a fee of
five dollars ($5.00) for each additional lot
or portion thereof.
"Section 615. Investigation
"The Planning Commission shall cause to be
made by its own members, or members of its
staff, such investigation of facts bearing
upon such application as will serve to pro-
vide all necessary information to assure
that the action on each such application
is consistent with the intent of this
Ordinance and with previous amendments,
variances or modifications.
"Section 616. Notices.
"The Secretary of the Planning Commission,
upon receipt in proper form of any applica
tion for a variance or change of zone
shall fix a time and a place for public
hearing thereon, to be held not less than
ten (10) days nor more than forty (40)
days thereafter. Not less than ten (10)
days before the date of any such public
hearing, public notice shall be given
of such hearing in the following manner.
"1. By mailing, postage prepaid, to the
owners of the property within a radius of
three hundred (300) feet of the exterior
boundaries of the property involved in the
application, using for this purpose the
last known name and address of such owners
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as shown upon the assessment rolls of the
City of Temple City. Such notice shall
state the nature of the request, the loca-
tion of the.property, and the time and
place of the hearing.
"2. For change of zone, in addition to
the written notice above required, the
Planning Commission may cause to be posted
notices headed 'Notice of Hearing for
Change of Zone' which heading shall be in
words not less than one (1) inch in height
and the notice to be substantially the
same as the written notices, and shall be
posted not more than one hundred (100)
feet in distance apart within a three
hundred (300) foot radius, and there shall
be at least three of such notices on each
side of the property proposed to be re
classified. Such notice shall be'posted
at least ten (10) days prior to the time
of hearing.
"3. With the exception of amendments
changing property from one zone to another
or changing the boundary of any zone, no
posting or written notices are necessary
for amending the text of this Ordinance;
however, notice shall be given by publica
tion in the official newspaper for at
least ten (10) days prior to the hearing.
"Section 617. Public Hearings.
"Public hearings as provided for in this
Section shall be held before the Planning
Commission at the time and place for which
public notice has been given as hereinabove
required. The Planning Commission at the
time may establish its own rules for the
conduct of such hearings.. A summary of all
pertinent testimony offered at a public
hearing, together with the names and ad-
dresses of all persons testifying, shall be
recorded and made a part of the permanent
files of the case. Any such hearing may-be
continued; in which event the presiding offi
cer at such hearing shall, prior to the ad
journment of such hearing, announce the time
and place to which such hearing will be con-
tinued.
"Section 618. Findings
"Within thirty-five (35) days after the con-
clusion of a public hearing upon any matter,
the Planning Commission shall render its de-
cision thereon by formal resolution reciting
the findings upon which such decision is
based. The failure of the Planning Commis-
sion to thus render such decision within
the time specified shall cause the entire
matter automatically to be referred to the
City Council, without recommendation, for
such action as it deems_ warranted under
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the circumstances. In such event the Sec
retary of the Planning Commission shall
immediately deliver to the City Council
all of the records in the matter.
"1. Variances and Modifications. Within
five (5) days after final action by the
Planning Commission on an application for
a variance or modification, notice of the
decision in the matter shall be mailed to .
the applicant at the address shown upon
the application and to all other persons
who have filed a written request therefor
with the Secretary of the Planning Commis
sion. Within ten (10) days after such de
cision by the Planning Commission, the ap
plicant, or any other person aggrieved by
such decision, may appeal therefrom in
writing to the City Council by filing such
appeal with the City Clerk. At its next
regular meeting after the filing of such ap-
peal with the City Clerk, the City Council
shall set a date for a hearing thereon. The
matter of setting the hearing, giving of
notice thereof and conducting such hearing
shall be the same as hereinbefore prescribed
for hearings before the Planning Commission.
No permit or license shall be issued for any
use involved in an application for a vari-
ance or modification until action on such
application shall have become final by rea-
son of the expiration of time to make an
appeal herein provided for. If any use
authorized by any variance, exception or
modification is, or has been, unused,
abandoned or discontinued for a period of
six (6) months, or the conditions have not
been complied with, said variance, excep-
tion or modification shall become null and
void and of no effect, unless an extension
thereof has been granted by the Planning_
Commission upon the written request of an
interested person filed with the Planning
Commission prior to the expiration of such
six (6) months period. Said request shall
set forth reasons supported by factual data
why the variance, modification or exception
has been unused, abandoned or discontinued
or the conditions not complied with and no
extension of any such variance, modification
or exception shall be granted unless the Com-
mission finds the facts to be substantially
as thus set forth and to constitute justifi-
able cause for such extension.
"Section 619. Amendments and Change of Zone
Boundaries.
"Within ten (10) days after final action by
the Planning Commission on an application
for amendment or change of zone boundaries
its recommendations together with a complete
record of the case shall be delivered to the
City Council. The City Council after receipt
of the report and recommendations from the
Planning Commission, shall hold a final hear-
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{
"Section 620. Interpretation- Purpose -- Conflict.
"In interpreting and applying the provisions
of this ordinance they shall be held to be the
minimum requirements for the promotion of the
public health, safety, comfort, convenience
and general welfare. It is not intended by
this ordinance to interfere with or abrogate
or annul any easement, covenant or other agree-
ment between parties. Where this ordinance
imposes a greater restriction upon the use of
buildings or land, or upon the height of build-
ings, or require larger open spaces than are
imposed or required by other ordinances, rules
regulations or by easements, covenants or
agreements, the provisions of this ordinance
shall prevail.
ing thereon. The manner of setting the hear
ing, giving of notice and conducting the hear-
ing shall be the same as hereinabove pre-
scribed for hearings by the Planning Commission.
No permit or license shall be issued for any
use involved in an application for a change of
zone until same shall have become final by the
adoption of an ordinance,
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"Section 621. Licenses Compliance.
"All departments, officials or public employees .
vested with the duty or authority to issue
permits or licenses where required by law,
shall conform to the provisions of this ordi-
nance. No such license or permit for uses,
buildings or purposes where the same would be
in conflict with the provisions of this or
dinance shall be issued. Any such license or
permit, if issued in conflict with the provi-
sions hereof, shall be null and void.
"Section 622. Penalty.
"Any person, form or corporation violating any
of the provisions of this ordinance shall be
deemed guilty of misdeameanor, and upon con-
viction thereof shall be punishable fy a fine
of not'more than Five Hundred ($500.00)
Dollars `or by imprisonment in the City Jail
or the County Jail for a period of not more
than ninety (90) days, or both such fine and
imprisonment. Each such person, firm or cor-
poration shall be deemed guilty of a separate
offense for every day during any portion of
which any violation of any provision of this
ordinance is committed, continued or permitted
by such person, firm or corporation, and any
use, occupation or building or structure
maintained contrary to the provisions hereof
shall constitute a public nuisance."
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SECTION 5. Ordinance No. 60 -6 is repealed in its
entirety.
PASSED and ADOPTED by the City Council of the City
of Temple City at a regular meeting thereof held on this 28th
day of November, 1960, by the following called vote:
ATTEST:
AYES: Councilmen:Buchan, Dickason, Merritt,
Tyrell & Fitzjohn
NOES: Councilmen :None
ABSENT: Councilmen:None
iT-y Clerk or-the C icy T
Temple City, Californ a
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
ayor o Th City Temple. .CiTy,
California
I, Marjorie A. Woodruff, do hereby certify that 1 have been duly
appointed Deputy City Clerk of the City of Temple City, California,
and that the foregoing Ordinance No. 60 -20 was Introduced at a
regular meeting of the City Council neld on November 14, 1960, and
adopted at a regular meeting of the City Council held on November
28, 1960, by the following roll call vote:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn
NOES: Councilmen -None
ABSENT: Councilmen -None
Dated: November 28, 1960
Deputy (C'i ty Clerk of the C
Temple 'City, California
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