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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All provisions of this Code .t consistent with the original juris- diction of Zoning Modification Committee are hereby superseded.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. 1 1 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; -2- 1 1 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. -3- 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: 1 1 Councilmen - Briggs, Harker, - Tyrell, Gilbertson Councilmen -None Councilmen - Merritt ityCer d t e City o emple City, California -4-