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HomeMy Public PortalAboutOrdinance 65-157ORDINANCE NO. 65 -157 AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTIONS 1811, 1812 and 1815 OF THE TEMPLE CITY MUNICIPAL CODE AMENDING SECTION 1814 THEREOF AND ADDING SECTIONS 1814 -1 and 1814 -2 THERETO, RELATING TO APPEALS FROM THE PLANNING COMMISSION TO THE CITY COUNCIL OF VARIANCE AND CONDITIONAL USE PERMIT APPLICATIONS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. Sections 1311, 1812 and 1815 of the Temple City Municipal Code are hereby repealed. SECTION 2. Section 1814 of the Temple City Municipal Code is hereby amended to read as follows: Section 1814. Appeal of Planning Commission Decisions. 1. The applicant or any person residing in or owning property within 300 feet of the property, who is dissatisfied with the action of the Planning Commission on a variance or conditional use permit, may, within the ten (10) day period prior to the effective date of said permit, file an appeal with the City Clerk; 2. Any person filing such appeal with the City Clerk shall deposit the sum of $50.00 to cover the cost of appeal; 3. The City Council may itself appeal a decision of the Planning Commission; 4. Upon receiving a notice of appeal (or itself appealing a decision of the Planning Commission), the City Council shall either; (a) Affirm the action of the Planning Commission; or (b) Require a summary of all evidence upon which the Commission made its decision; after receiving such evidence the City Council shall take such action as, in its opinion, is indicated by such evidence alone; or (c) Refer the matter back to the Planning Commission, with or without instruc- tions for further proceedings; or (d) Instruct the City Clerk to set the mat- ter for hearing within forty (40) days before the City Council. At such hearing, the City Council shall hear and decide the case de novo. Such hearing shall be conducted in the manner and with the notice herein prescribed for the Planning Commission. This alternative (d) shall be followed in all such appeals unless the City Council shall indicate otherwise, and the City Clerk shall be authorized to set such hearings. -1- 469 1 1 1 Ordinance No.65 -157 SECTION 3. Sections 1814 -1 and 1814 -2, reading as follows, are hereby added to the Temple City Municipal Code. Section 1814 -1. Appeal procedure. Each and every reference in this Article to the Planning Commission shall be deemed to mean City Council during the conduct of any appeal hearing. Section 1814 -2. Decision Suspended. Until the appeal has been concluded and the City Council has rendered its decision thereon, the decision of the Planning Commission shall be suspended and no rights shall accrue thereunder. After the decision of the City Council on said appeal, the decision of the City Council shall supersede the decision of the Planning Commission. SECTION 4. The City Clerk shall certify and attest to the adoption of this Ordinance and shall cause the same to be published once in the Temple City Times, a semi - weekly newspaper, published and circulated in the City of Temple City. 1965. PASSED, APPROVED AND ADOPTED this 1st day of June Mayor of the City of Temple City, California ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF TEMPLE CITY ) I, WILLIAM WOOLLETT, JR., City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 65-157, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 4th day of May , 1965, and was duly passed, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of said City Council held on the Tst day of June , 1965, by the following vote of the Council: AYES: Councilmen- Dickason, Merrritt, Tyrell, Harker NOES:, Councilmen -None ABSENT: Councilman - Nunamaker C'it`y Clerk of the City Temple City, Ca l i forn a 470