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repealed except that nothing herein contained shall effect home occupation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
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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
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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
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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.
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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
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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