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HomeMy Public PortalAboutOrd. 0781• g ; ORDINANCE N0 7gl AN ORDINANCE OF THE-CITY OF LYNWOOD REPEALING SUBDIVISION 5 OF SECTION-4.00 OF CITY ORDINANCE N0..570, AMENDING THE TITLE TO CHAPTER XVI ON PAGE 41 OF SAID ORDINANCE AND AMENDING SAID CHAPTER TO DIVIDE IT INTO TWO ARTICLES, ARTICLES 1 AND 2, AND TO ADD SECTIONS 16.10 UNDER ARTLCLE 2, AND SECTIONS 16.36 THRU SECTIONS 16.39, SAND AMENDING. SECTION 20.104 OF THE LYNWOOD CITY CODE. The City Council does hereby ordain: Subdivision 5 of Section 1. /Section 4.00 of City Ordinance No. 570 is hereby repealed except that nothing herein contained shall effect home occupation permits heretofore granted by the City Council which are valid and in good standing in accordance with Section 2-C of this ordinance, at the effective date of interim Ordinance No. 776 heretofore enacted by the City Council, which suspended the granting of home occupation permits. Section 2. The title to Chapter XVI, page 41 of City Ordinance No, 570, is amended to read as follows: "CHAPTER XVI. Variances and Special Permits, Exceptions and Approvals." Chapter XVI is divided into 2 articles. Article 1 is entitled "Variances." Article 2 is entitled "Special Permits, Exceptions, and Approvals." Under Article 2, the following new sections are added as Yollows: (a) "16.10. Home Occupations as a Special Permitted Use." (1) APPLICATION. Any person proposing to manage, conduct or carry on any business within the home at any location shall file a written:<;application for a permit with the Secretary of the Planning Commission on forms prepared and provitd~d the applicant by,said Secretary. The applicant shall answer fully and freely all questions contained in the form of the appliECation, stating fully the grounds for the application and the facts relied upon: The applicstorr'sY1aI1 be accompanied by a filing fee of $1.00. The applicant shall attach to his application the signatures of the residents-within a radius of 150 feet of the location of the proposed business. The Secretary of the Planning Commission, in ..l_ .: ~ t. 1~ ~ 3 addition to the requirements of this section, shall mail to .the residents or property owners within said radius of 150 feet of the location of the proposed business, postcards stating the type of business to be conducted, the date that the application is to be presented to the Planning Commission, and said Secretary shall also provide reply postcards to`insure the `residents or property owners are .aware of the applicant's request. (2) SETTING APPLICATION FOR PUBLIC HEARING.. .The .Secretary of the Planning Commission shall refer the application to-the, Planning Commission. The application for home occupation shall be -set for, public hearing by the Secretary of the Planning Commission, the date of the first of which hearings shall be not less than 15 days nor more than 45 days from the date of the filing of said application with the Secretary of the Planning Commission. (3) NOTICE. Notice of the time and place of such hearings shall be given to the applicant by the Secretary of the Planning Commission by registered or certified mail at least 10 days prior to the date set for the hearing, except for the notice on the postcard to the resident or property owner and the notice to the applicant as hereinabove provided. No other or additional notice shall be required unless otherwise directed by the Planning Commission. (4) CONDITIONS AND RESERVATIONS. Any permit granted here- under shall contain the following conditions and reservations which the City Council hereby adopts as part of this ordinance: 1. The managing, conducting or carrying on of any business within the home in any location within the City by the resident, owner, or occupant shall be only as a secondary use. 2. There shall be no display of stock in trade main- tained on the premises. 3• There shall be no persons employed on the premises. (b) Section 1fi.36. Public Hearings Under This Article. Public hearings as provided in this article shall be conducted before the Planning Commission, or before any member thereof designated by the Commission so to serve. The Commission may establish its own rules for the conduct of public hearings, and the member of the Commission presiding at any such -z- .7 l~ .~ .• r j. 's hearing empowered to administer oaths to any person testifying before it. Summary of all pertinent testimony offered at a public hearing and the names of persons so testifying shall be recorded and made a part of the permanent files of the case. If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearings will be continued and such announcement shall serve as sufficient notice of such continuance. Upon completion of a public hearing, the Planning Commission shall,not later than thirty-five (35) days thereafter, render its decision on the matter so heard. The Planning Commission shall announce and record its action by formal resolution, and such resolution shall recite the findings of the Planning Commission upon which it bases its decision, Not later than fifteen (15) days after the final action by h the Planning Commission on an application, notice of the decision in the matter shall be mailed to the applicant at the address shown upon the application. (c) Section 16.37. Revocation. After a public hearing as provided for in this Article, the Commission may revoke or modify any permit, exception or other approval which has been granted either automatically or by special action of either the City Council or the Commission, pursuant to either the provisions of this ordinance or of any ordinance superseded by this ordinance on any one or more of the following grounds: (1) That such approval was obtained by fraud. (2) That the use for which such approval was granted is not being exercised. (3) That the use for which such approval was granted has ceased or has been suspended for one year or more. (4) That any person making use of or relying upon the permit, exception or other approval, is violating or has violated any conditions of such permit, exception or other approval, or that the -3- ~r , . '¢ use for which the permit, exception, or other approval was granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation. (5) That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance. (d) Section 16.38• Initiation. The Commission on its own motion may, and if instructed by the City Council so to do, the Commission shall, without the filing of any petition, hold a hearing for the granting, modifying or revoking of any permit or exception provided for in this ordinance. (e) Section 16.39. Appeals. Not later than twenty (20) days after the final action by the Planning Commission on an application an appeal may be filed by an interested party, in writing, with the City Council. 1. As used in this ordinance, the words "interested party" shall include a person who has such an interest as may be impaired or defeated by the granting of the permit or benefited by the denial or revocation of the permit. 2. If an appeal from the action of the Planning Commission is filed with the City Council within the time prescribed, the City Council shall set the matter for hearing within not less than 15 days nor more than forty-five (45) days from the date the appeal was filed. The Secretary of the Planning Commission shall also be notified of the filing of such appeal, and upon the receipt of such notice shall transmit to the City Council the complete file of the case. 3. Not later than ten days after the final action on such appeal by the City Council, notice of the decision in the matter shall be mailed to the appellant and the file in the case shall be returned to the archives of the Planning Commission. The decision of the City Council on such matter of appeal shall be final. Section 3. Section 20.104 of the Lynwood City Code is amended to read as follows: The license fee shall be $15 per year for every person managing, conducting or carrying on any business within the home. -4- ~ -rr. ~- Section 4. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same to be published in the Lynwood Press, a newspaper of general circulation, printed and circu- lated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 17th day of August 1965, finally adopted and ordered published at a regular meeting of said Council held on the 7th day of September 1965, by the following vote: Ayes: Councilmen Byork, Duncan, Smith. Noes: Councilmen McMillan, Siokos. Absent: Councilmen None. ATTEST: Mayor of the City of Lynwood City Clerk, City of Lynwood ~ '~ !- - STATE OF CALIFORNIA ) ss, COUNTY OF LOS ANGELES] I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said city, do hereby certify that the above is a true and correct copy of Ordinance No. 781 adopted by the City Council of the City of Lynwood,'-and that same was passed on the date and by the'vote'therein stated, Dated this 13th day of September 1965