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HomeMy Public PortalAboutOrdinance 62-84ORDINANCE NO. 62 -84 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE TO PROVIDE PLANNING COMMISSION DETERMINA- TION OF ALL ZONE VARIANCE CASES AND MODIFI- CATIONS THEREOF WITH RIGHT OF APPEAL TO THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. Section 618 of Chapter 6 of Ordinance No. 1 494 as amended by Section 9103 of the Temple City Municipal Coda and adopted by Section 9100 of the Temple City Municipal Code, is amended to read as follows: "Section 618. Findings. Within thirty -five (35) days after the conclusion of a public hearing upon any matter, the Planning Commission shall render its decision thereon by formal resolution reciting the findings upon which such decision is based. The decision of the Planning Commission on variance matters shall be final, subject to appeal to the City Council as hereinafter set forth in Section 618.1. In the event the Planning Commission shall fail to render a decision within the aforesaid thirty -five days specified, the entire matter shall automatically be referred to the City Council, without reconnmende tion, for such action as the City Council deems warranted under the circumstances. In such event the Secretary 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, to all other persons who have been noticed as to the hearing and filed a written request therefor with the Secretary of the Planning Commission. Within fifteen (lb) days after such decision by the Planning Commission, the applicant, or any person who has been noticed 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 appeal 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 here i ,before pre- scribed for hearings before the Planning Commission. No permit or license shall be issued for any use involved in an application for a variance or modification until action on such application shall have become final by reason 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, exception 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 209 or exception has been unused, abandoned or discontinued or the conditions not complied with, and no extension of any such vari- ance, modification or exception shall be granted unless the Commission finds the facts to be substantially as thus set forth and to constitute justification for such cause and for such ex- tension." PASSED AND ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held on this 23d day of July, 1962, by the following called vote: AYES: Councilmen:Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen :None ABSENT: Councilmen -None ATTEST: 0 I ayor o City Clerk of the City of Temple City, Ca lji forn i a STATE OF CALIFORNIA COUNTY QF LOS ANGELES CITY OF TEMPLE CITY ss y o emp e ity, C l i f•� ia 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. 62 -84 was introduced at a regular meeting of the City Council held on July 9, 1962, and adopted at a regular meeting of the City Council held on July 23, 1962, by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell NOES: Councilmen -None ABSENT: Councilmen -None Dated July 23, 1962 beputy City Clerk of the ity of Tempke City, California 210