HomeMy Public PortalAboutOrdinance 66-184ORDINANCE NO. (vL - /24L
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY AMEND-
ING THE PROVISIONS OF ARTICLE 18
OE ARTICLE .l X OF THE TEMPLE CITY
MUNICIPAL CODE, RELATING TO ZONE
VARIANCES AND CONDITIONAL USE
PERMITS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN
AS FOLLOWS:
SECTION 1. That Sections 1800 through 1810, inclusive,
of Article 10 of Article IX of the Temple City Municipal Code, are
hereby amended to read, respectively, as follows:
"1800. ZONE VARIANCES. Uhen practical
difficulties, unnecessary hardships, or results
inconsistent with the general intent and pur-
pose of this Article, occur by reason of the
strict and literal interpretation of any of its
provisions, a zone variance may be granted in
the manner hereinafter set forth in this part."
"1801. SAME. BURDEN OF PROOF. Before any
zone variance—Mil be granted; the applicant
must show, to the satisfaction of the Commission
or the Council, all of the following facts:
1) That there are exceptional or extra-
ordinary circumstances or conditions applicable
to the property involved or to the intended use
of such property,., such as size, shape, topogrc,phy
location or surroundings, which are not applicable
to other properties similarly situated; and
2) That such variance is necessary for the
preservation and enjoyment of a substantial prop-
erty right possessed by other property similarly
situated, but which is denied to the property in
question; and
3) That the granting of the variance will
not be materially detrimental to the public wel-
fare or injurious to the adjacent properties; and
4) That the granting of the variance will not
adversely affect the general intent and purpose of
this Article,"
"1802. CONDITIONAL USE PERMITS. WHEN REQUIRED.
The purpose of any cons r 4 canal use permit r s to
insure that the proposed use will be rendered
compatible with other permitted uses, located in
the general area of the proposed use. Condition-
al use permits shall be required for all those
uses as enumerated by this ord i aancee"
"1803. SAM. BURDEN OF PROOF. Before any
conditional use ppermrt sh,il be gr•ar,ted, the
applicant show, to the satisfaction of the
Planning Ca:i ission or the Council, the existence
of the following facts:
1) That the site for the proposed use is
adequate in size and shape; and
2) That the site has sufficient access to
streets and highways, adequate in width and pave -
nent type to carry tie quantity End qoal i a.y of
traffic generated by the proposed use; and
3) That the proposed use v; ? 1 not have an
edverse effect upon adj e'It property,"
527
Ordinance No.
Page 2
"1804. APPLICATION, FOR VARIANCE OR CONDITIONAL
USE PERMIT. WITHDRAWAL THEREOF. App icatiors or a
variance or conditions use permit shall be filed
with the Planning Department, on forms furnished by
said department, setting forth fully the nature of
the proposed use, and the facts deemed sufficient
to justify the granting of the variance or condi-
Aional use permit, in accordance with the provisions:
of this part.
The applicant shall furnish to the Planning
Director a certified copy of the names and addresses
of all property owners to whom notice must be mailed
as hereinafter provided.
Any applicant may withdraw his application
prior to the hearing thereon by filing a written
request to do so; no refund of the filing fee shall
be permitted in case of withdrawal."
"1805. FILING FEES. Each such application shall
be accompanied-by a filing and processing fee in the
amount of $125.00 and an application for a modifica-
tion as set forth hereinafter, shall be accompanied
by a filing and processing fee of $50.00."
"1806. HEARINGS. Every application for a zone
variance or a condi tonal f_,se permit, shall be set
for a public hearing before the Planning Commision
by the Planning..Director. Hearings may be continued
from time to time, by the Planning Commission or Coun-
cil,' as may be deemed necessary."
"1807. NOTICES. Notices of the time and place
of public hearings before the Planning Commission and,
Council, on zone variances and conditional. use permits,
shall be given by United States mail, postage prepaid,
addressed to the owners of property located within a
radius of 300 feet from the external boundaries of the
subject property, addressed to said owners as shown on
the latest equalized assessment roll of the County of
Los Angeles.
Notices. shall contain a general description of
the subject property, a Lr-ef description ;:of the pro-
posed use and the date, time and place of the hearing."
"1808. PLANNING COMMISSION ACTION. Within
thirty (30) days fo1Towin Ta public hearing upon
a variance or' conditional use permit application,
the Planning Commission shall, by resolution, ap-
prove, conditionally approve or deny the same.
Said resolution shall contain a statement of facts
upon which the decision is based. The decision of
the Planning Commission Commission shal l be final and conclu-
sive upon the twentieth (20th) day following the
date of adoption of the resolution of the Planning
Commission, upon the day following the next regu-
larly scheduled Council meeting, whichever date
occurs later, in the absence of the filing of a
written appeal, in I..h ' manner hereinafter spec i -, fied in the event any su l" appeal is filed, the
decision of the PIann!ng Commission shall be va-
c; ted.
528
Ordinance No.
Page 3
"1809. NOTICE OF PLANNING COMMISSION'S DECISION.
On the day fo owing the adoption o the reso ution by
the Planning Commission, the Planning Director shall
mail a copy of the resolution to the applicant at his
last known address."
"1810. APPEALS. An applicant, or any person who
appeared at the tre—Frgning Commission hearing and op-
posed such matter, who is aggrieved by the decision of
the Planning Commission in conjunction with action
taken on a variance or conditional use permit, may,
prior to the Planning Commission's action becoming
final, file a written letter of appeal with the City
Clerk, together with a fee in the sum of $50.00,
appealing the decision of the Planning Commission to
the City Council. The City Council, by motion,
carried by at least three (3) affirmative votes, may
at any time, prior to effective date of the Planning
Commission's action, as hereinabove set forth, appeal
to itself any Planning Commission decision on any
variance or conditional use permit. A motion of the
Council to do this shall be deemed an appeal from the
decision of the Planning Commission.
Where an appeal is pending before the City Coun-
cil from a decision of the Planning Commission, the
Council shall:
1) review a summary of the evidence presented
to the Planning Commission to determine whether a
de novo public hearing should be held by it. If the
Councr , by a majority vote, determines that a de
novo public hearing shall be held, the City Cler1Z
76 711 give notice thereof on the same manner as the
notice required for hearings before the Planning
Commission; or
2) if the Council determines, by a majority
vote, that a de novo public hearing is not required,
it shall, witE ut taking further evidence, affirm,
modify or reverse the Planning Commission's determi-
nation, based upon the staff and Commission files
relating to the case.
The Council shall have the authority, at any
time prior to its final determination upon an appeal
from a Planning Commission decision to refer the
said matter back to the Planning Commission for re-
coosideration. The Council may instruct the Plan-
ning Commission to conduct an additional public hear-
ing in order to accept new evidence relating to such
matter."
SECTION 2. That Sections 1811 and 1612 of Article IX of
the Temple City Municipal Code, are hereby added thereto, to read,
respectively, as follows:
"1811, DETERMINATION BY CITY COUNCIL. NOTICE,
The Council shat .i 'render its decision approving,
conditionally approving, or denying the variance
or conditional use permit, within thirty (30) days
following the filing of an appeal or the closing of
a public hearing held thereon Its decision shall
he by resolution, which shall contain the facts sup-
porting the action. The action of the Council shall
be final and conclusive.
The dray following the ;adoption of the resolution
by the Council, the City Clerk 'shall mail a copy of
its resos,!ton to the applicant at his last known
529
Ordinance No.
Page 4
"1812. FAILURE TO GIVE NOTICE. Failure to give
notice in the manner hereinabove prescribed shall
have no effect upon any proceeding before the Planning
Commission or Council."
SECTION 3. That Sections 1813 and 1614 . of Article 18 of
Article IX of the Temple City Municipal Code, are hereby amended to
read, respectively, as follows:
"1813. REVOCATION OF VARIANCES AND CONDITIONAL USE
PERMITS. Upon recommendation by the Planning Director,
the body which originally granted the variance or con-
ditional use permit, shall conduct a hearing, noticed
as provided in Section 1807, to determine whether the
variance or conditional use permit, should be revoked.
If the Planning Commission or Council finds anyone of
the following facts to be present, it shall revoke the
variance or conditional use permit:
1) That the variance or permit was obtained by
fraud; or
2) That the use for which such approval was
granted has ceased to exist, or has been suspended
for a period of six (6) consecutive months or more; or
3) That the permit or variance granted is being,
or has been, exercised contrary to the terms and con-
ditions of such approval or in violation of any law; or
4) That the use for which the approval was granted
is being exercised so as to be detrimental to the public
health or safety, or as to constitute a nuisance.
If the Planning Commission conducts the hearing,
the action taken by the Planning Commission, shall be
subject to an appeal to the City Council as herein -
above set forth.
The action of the Planning Commission, in the ab-
sence of any appeal, and/or the action of the Council,
shall be final and convlusive."
"1814. EXPIRATION. Any variance or exception or
permit shall be null and void if the use permitted
thereunder is not exercised within the time specified
in approving such variance or exception or permit, or
if no time is specified, if the same is not exercised
within one year from the date said variance or excep-
tion or permit is granted. The granting body, upon
good cause shown by the applicant, may extend the time
limitations imposed by this section for a period not
to exceed one year."
SECTION 4. That Sections 1815 and 1816 of Article 18
of Article IX of the Temple City Municipal Code, are hereby added
and amended to said Code, to read as follows:
"1815. MODIFICATION. Any condition imposed
upon the grant i"'" no fad v`-`ari ance or conditional use
permit may be modified or eliminated or new condi-
tions may be added, provided that the Planning Com-
mission or Council, whichever was the granting body,
shall first conduct public hearings thereon, in the
same manner as required for the granting of the same.
No such modification shall be made unless the Plan-
ning Commission or Council finds that such modifica-
tion is necessary to proter,t the public interest; or,
in case of deletion of such a condition, that such
action is necessary to permit reasonable and compat-
ible operation under the vsriance or conditional use
530
1
Ordinance No.
Page 5
permit. An appeal may be taken from a Planning Com-
mission decision regarding modification in the same
manner as set forth in Section 1010 hereof. In the
absence of such an appeal, the Planning Commission's
determination shall be final and conclusive."
"1816. PLANNING COMMISSION TIE VOTE EFFECT OF.
Where, by reason o 11quali ication, abstention or
absence of any members of the Planning Commission,
said Planning Commission is unable to reach a deter-
mination, by a majority vote thereof, as to a zone
variance or a conditional use permit application,
within forty (40) days after the close of the public
hearing relating thereto, said matter shall be deemed
automatically appealed to the City Council, without
decision by the Planning Commission. In such event,
the said matter shall be placed upon the City Council's
Agenda and a de novo public hearing held thereon, and
the matter sh7T1- 7efinally determined by the City
Council."
SECTION 5. That Sections 1 €17 through 1021, inclu-
sive, of Article 10 of Article IX of the Temple City Municipal
Code, are hereby repealed and rescinded.
SECTION 6. The City Clerk shall certify and attest to
the adoption of this Ordinance and shall cause the same to be pub-
lished once in the Temple City Times, a semi- weekly newspaper,
published and circulated in the City of Temple City.
1966.
ATTEST:
PASSED, APPROVED AND ADOPTED this 15th day of February,
STATE OF CALIFORNIA )
COUNTY OF. LOS ANGELES ss.
CITY OF TEMPLE CITY )
ayor of t e City of Temp eT City —
1, Karl L. Koski, City Clerk of the City of Temple City,
do hereby certify that the foregoing Ordinance, being Ordinance No.
was introduced at a regular meeting of the City Council of
the City of Temple City, held on the lst day of February, 1966, and
was duly passed, approved and signed by the Mayor and attested by
the City Clerk at a regular meeting of the City Council held on the
15th day of February, 1966, by the following vote of the Council.
AYES:
NOES:
ABSENT:
Councilmen: Dickason, Merritt, Nunamaker Tyrell,Harker
Councilmen: None
Councilmen: None
Clt C eri: or the City of 'i "empl:
City, California
531