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HomeMy Public PortalAboutOrdinance 01-8571 1 1 ORDINANCE NO. 01 -857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO THE REQUEST FOR REVIEW AND APPEAL PROCESS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information contained in a staff report and based upon a review of the current Zoning Code and based upon a consideration of past practice, the City Council amends the Temple City Zoning Code as described in Section 3 below. SECTION 2. This project should result in no significant effects upon the environment, and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. The City Council amends the Temple City Zoning Code as follows: ARTICLE IX CHAPTER I — ZONING CODE PART VI — ZONE VARIANCES AND CONDITIONAL USE PERMITS DIVISION III — PROCEDURE 9207. NOTICES. Notices of the time and place of public hearings before the Commission and the Council, on zone variance and conditional use permit applications, shall be given by United States Mail, postage prepaid, addressed to the owners of property located within a radius of 300 feet for residential zones (500 feet for all other zones) from the external boundaries of the property to vihich the application relates, addressed to said owners as shown on the latest equalized assessment roll of the County of Los Angeles, or from other records of the Assessor or County Tax collector which contain more recent and accurate addresses. Notices shall contain a description of the subject property, a brief description of the proposed use, and the date, time and place of the hearing. 9208. PLANNING COMMISSION ACTION. Within a reasonable time after the public hearing upon a variance or conditional use permit application, the Commission shall, by Resolution adopted by not Tess than three (3) affirmative votes, approve, conditionally approve or deny the same. Said Resolution shall contain a statement of facts upon which the decision is based. Within two (2) days following the adoption of the Resolution by the Commission, the Director shall forward a copy thereof by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same, at his last known address. The decision of the Planning Commission shall be final and conclusive at 12:00 PM of the fifteenth (15th) day following the date of adoption of the Resolution by the Commission, or at 12:00 PM of the day following the next regularly scheduled Council meeting, whichever date is the latest, in the Ordinance No. 01 -857 Page 2 absence of the filing of a written appeal, in the manner herein specified. Upon filing of an appeal in the manner herein set forth, the decision of the Planning Commission shall be suspended and of no force and effect. 9210. APPEALS. The applicant, or any other person, who owns real property or resides within the public hearing noticing boundary (300 feet for residential zones and 500 feet for other zones) of the property lines to which the variance or conditional use permit application relates, and who is aggrieved by the decision of the Planning Commission in conjunction with action taken on a variance or conditional use permit, may file a written letter of appeal with the City Clerk together with a filing and processing fee, prior to the Commission's action becoming final, appealing the decision of the Panning Commission to the City Council. Upon receipt of such written letter of appeal, together with said fee, the City Clerk shall set the matter for a public hearing before the City Council. Notices of such hearing shall be given by the Clerk in the manner described in Section 9207 and shall include all members of the City Council, the Planning Commission, applicant, and all who appeared at the Planning Commission meetings with regard thereto. The City Council, by motion, carried by at least three (3) votes, made at any time prior to effective date of the Planning Commission's resolution, may appeal to itself, any Planning Commission decision on a variance or conditional use permit. A motion of the Council to this effect shall be deemed an appeal from the decision of the Commission for all purposes. No appeal may be withdrawn except by the appealing party, with the consent of the applicant and the City Council. The Council shall have the authority, at any time prior to its final determination upon an appeal from a Planning Commission decision, to refer said matter back to the Planning Commission for reconsideration. The Council may instruct the Planning Commission to conduct an additional public hearing in order to accept new evidence relating to such matter. PASSED, APPROVED AND ADOPTED this 5th day of June, 2001. ATTEST: rz- Mavo Mayo 1 1 1 1 1 Ordinance No. 01 -857 Page 3 I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 01 -857 was introduced at the regular meeting of the City Council of the City of Temple City held on the 15th day of May, 2001 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 5th day of June, 2001 by the following vote: AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders, Wilson NOES: Councilman -None ABSENT: Councilman -None 2, 14.0- rid- v -eA.