HomeMy Public PortalAboutOrdinance 71-3351
ORDINANCE NO. 71-335
AN ORDINANCE OF THE CITY OF TEMPLE
CITY ADDING NEW PART IIIA TO ARTICLE
IX OF THE TEMPLE CITY MUNICIPAL CODE
ESTABLISHING A ZONING MODIFICATION
COMMITTEE.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. New Part IIIA of Article IX, reading as
follows, is hereby added to the Temple City Municipal Code:
PART IIIA - ZONING MODIFICATION COMMITTEE
Section 9150. Creation. There is hereby
created a Zoning Modification Committee composed
of the City Manager, Planning Director and
Chairman of the Planning Commission or such
other member of the Planning Commission as said
Chairman may designate.
Section 9151. Organization.
A. Chairman. The Chairman of the Zoning
Modification Committee shall be the member from
the Planning Commission.
B. Secretary. The Planning; Director shall
serve as the Secretary of the Zoning Modification
Committee and records of all proceedings shall be
kept and made available to the public.
C. Meetings. Said Zoning Modification
Committee shall meet at the call of the Chairman,
to consider applications as provided herein, and
all such meetings shall be open to the ;public.
Section 9152. Authority. The Zoning
Modification Committee shall have the authority
to grant a minor modification of the requirements
of the Zoning Code covering any of the following
matters: Automobile parking space requirements
relating to size or number; height, yard and lot
area requirements; driveway requirements; or fence,
wall, hedge or sign regulations. All provisions
of this Code .t consistent with the original juris-
diction of Zoning Modification Committee are hereby
superseded.
Section 9153. Administrative Acts. All acts
performed by the Zoning Modification Committee
shall be construed as administrative acts per-
formed for the purpose of assuring that the intent
and purpose of the zoning laws of the City shall
apply in special cases and shall not be
construed as amendments to the provisions thereof.
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Ordinance No. 71 -335
Section 9154. Filin of A lications.
Applications to the oning Mo i ication ommittee
shall be made in writing to the Secretary of the
Zoning Modification Committee in such form as is
approved by said Committee, which may provide
forms for such purposes and may prescribe the type
of information to be provided thereon. No
petition shall be received unless it complies
with such requirements. Applications filed
pursuant to this Section shall be numbered conse-
cutively in the order of their filing and shall
become a part of the permanent official records
of the City; there shall be attached thereto
copies of all notices and actions pertaining
thereto.
Section 9155. Information Required. An
application shall be accompanied by the following:
A. A plot plan and description of the
property involved, plans and descriptions of
the proposed use of the property with ground
plans and elevations for all proposed buildings;
B. A reference to the provisions of the
Zoning Code section from which said property is
sought to be excepted.
Section 9156. Filing Fees. Before accepting
for filing an application under this Section, the
City shall charge and collect a fee of $25.00 for
each lot involved for the purpose of defraying
the expenditures incidental to the proceedings
described herein.
Section 9157. Investigation. The Zoning
Modification Committee shall cause to be made
such investigation of facts bearing upon such
application as will serve to provide all information
necessary to assure that the action on each such
application is consistent with the intent of the
Zoning Code and with previous modifications.
Section 9158. Findings. Before granting any
such application, the Zoning Modification Committee
shall find all of the following to be true:
A. That strict interpretation of the applicable
requirements would constitute an unreasonable hard-
ship upon the applicant;
B. That if said exception, interpretation or
waiver were denied, compliance with the regulation
would cause an unnecessary burden on applicant
without offsetting public benefit;
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Ordinance No. 71 -335
C. That the applicant's property or building
does not require strict compliance and that such
application should be granted in the interests
of justice; and
D. That such application will not cause harm
or injury to others, nor constitute a special
benefit to the applicant.
Section 9159. Appeals. Appeals from decisions
of the Zoning Modification Committee shall be made
to the Planning Commission which shall thereafter
conduct a de novo hearing pursuant to the normal
variance procedure established by Section 9204 et
seq. of this Code; if no appeal is filed within
three (3) working days after the decision of
the Zoning Modification Committee, said decision
shall issue and be considered final. The Planning
Commission members shall be immediately notified
of the decision of the Zoning Modification
Committee and any two (2) members thereof shall
thereafter have the right to appeal said decision
to the Planning Commission, without fee, within
said three (3) day appeal period.
Section 9159.1. Effective. Date. No permit
or license shall be issued for any use involved
in an application until action on such application
shall have become final as herein provided.
Section 9159.2. .Expiration. If for a period
of six (6) months any use authorized by the Zoning
Modification Committee is, or has been unused,
abandoned or discontinued or the conditions have
not been complied with, said grant shall become
null and void and be of no further effect.
SECTION 2. The City Clerk of the City of Temple City
shall certify to the passage and adoption of this Ordinance
and to its approval by the Mayor and shall cause the same to
be published in the Temple City Times., a.news_paper of general
circulation, printed, published and circulated in the City of
Temple City.
APPROVED and ADOPTED this 3 r+ day of
1971.
ATTEST:
yor
City of Temple City, California.
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Ordinance No. 71 -335
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF TEMPLE CITY )
I, Chief Deputy , City Clerk of the City
of Temple City, do hereby certify that the foregoing
Ordinance, being Ordinance No. 71 -335 , was introduced
at a regular meeting of the City Council of the City of
Temple City, held on the 20th day of July
1971, and was duly passed, approved and adopted by said
Council, approved and signed by the Mayor and attested
by the City Clerk at a regular meeting of the said City
Council held on the 3rd day of August , 1971,
by the following vote:
AYES:
NOES:
ABSENT:
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Councilmen - Briggs, Harker, - Tyrell, Gilbertson
Councilmen -None
Councilmen - Merritt
ityCer d t e City o
emple City, California
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