HomeMy Public PortalAboutOrdinance 01-8571
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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
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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
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Ordinance No. 01 -857
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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
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