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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. 42 "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. 43 1 J 1 1 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 44 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 45 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- 46 { "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, 1 "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." 47 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 48