Loading...
HomeMy WebLinkAboutORD 1216ORD 1216pT3(Ìì¾[ÔÆORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.686 AND 153.689 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE FINALITY OF DECISIONS OF THE ZONING ADMINSTRATOR AND PLANNING COMMISSION WHEREAS, the Baldwin Park Municipal Code establishes procedures for the determination of applications for administrative adjustments, zone variances and conditional use permits, and for modifications or revocations relating thereto, which make such determinations by the Zoning Administrator and Planning Commission final in the absence of an appeal; and WHEREAS, on occasion such matters are only part of the discretionary decision- making relevant to a project, which will also include consideration of a zone change, zone overlay designation, or other legislative action which must be determined by the City Council pursuant to State law or the Baldwin Park Municipal Code; and WHEREAS, in such a situation, the public interest is best served by having the final action on all related decisions be made by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 153.686 of the Baldwin Park Municipal Code is hereby amended to read as follows: 153-686 ACTION BY ZONING ADMINSTRATOR A) Final or Advisory Action. The Zoning Administrator may take action upon any application for an administrative adjustment, zone variance or conditional use permit, and upon any modification or revocation proceeding relating to an administrative adjustment, zone variance, or conditional use permit, which the Zoning Administrator has not forwarded to the Planning Commission pursuant to 153.683. Such action shall be final and conclusive upon issuance of a written notice of decision as set forth in Subsection D) of this Section unless either i) an appeal is timely filed pursuant to 153.687, or ii) the application or revocation is being considered in conjunction with a zone change, zone overlay designation, or other legislative action which is required to be determined by the City Council pursuant to State law or this Code, in which case, the decision of the Zoning Administrator shall be advisory only. B) Evidence to be Considered. The action of the Zoning Administrator shall be based exclusively upon the evidence presented at the time of the public hearing, which shall include any staff reports relating to the matter, provided however, that the Zoning Administrator may conduct a site visit if in his or her discretion such visit will aid in making the determination. BIB] 37945-U01 ORD-U02 1216-U02 LI2-U03 FO8535-U03 FO9348-U03 DO31490-U03 C5-U03 ORDINANCES-U03 11/19/2003-U04 ROBIN-U04 ORD 1216pT3(Ìì¾[ÔÆOrdinance No. 1216 Page 2 C) Actions Authorized. Following hearing on an application for an administrative adjustment, zone variance, or conditional use permit or a modification of such an entitlement, the Zoning Administrator may grant such application, conditionally or unconditionally, and in whole or in part, or may deny such application in its entirety. Following hearing on a proceeding to revoke an administrative adjustment, zone variance, or conditional use permit, the Zoning Administrator may i) revoke such entitlement if he or she finds that the stated grounds for such revocation have been met; ii) permit such entitlement to remain in effect subject to such additional conditions as he or she finds necessary to address the grounds upon which the revocation is sought; or iii) refuse to revoke such entitlement if he or she finds no factual basis for revocation. The decision of the Zoning Administrator shall be made within ten 10) days of the conclusion of a hearing, unless a shorter time period is required by law. D) Notice. The Zoning Administrator shall give written notice of his or her decision within ten 10) days after reaching a determination thereon. Written notice shall be provided to each applicant seeking an administrative adjustment, zone variance, or conditional use permit or a modification of any such entitlement, and to each permittee of any entitlement which has been subject to a revocation proceeding. Written notice shall also be provided to any other person who has filed a written request for such notice. E) Effect of Appeal. When the Zoning Administrator may take final action on a matter, the action of the Zoning Administrator shall be final and conclusive upon the expiration of the appeal period provided in 153.687. A timely filed appeal shall stay the effective date of the Zoning Administrator's action. SECTION 2. Section 153.689 of the Baldwin Park Municipal Code is hereby amended to read as follows: 153.689 EFFECT OF DECISION; APPEAL A) Effect of Decision. The Planning Commission may take action as to any application for an administrative adjustment, zone variance or conditional use permit, or modification to any such entitlement, and as to any revocation proceeding relating to an administrative adjustment, zone variance or conditional use permit where such application or revocation was either forwarded to it pursuant to 153.683 or appealed to it pursuant to 153.687. Such action shall be final and conclusive as set forth in Subsection B) of this Section unless the application or revocation is being considered in conjunction with a zone change, zone overlay designation or other legislative action which is required to be determined by the City Council pursuant to State law or this Code, in which case, the decision of the Planning Commission shall be advisory only. B) Appeal to or Review by the City Council. When the Planning Commission may take final action upon an administrative adjustment, zone variance or conditional use permit, or modification or revocation relating thereto, the resolution of the Planning Commission shall become effective and final on BIB] 37945-U01 ORD-U02 1216-U02 LI2-U03 FO8535-U03 FO9348-U03 DO31490-U03 C5-U03 ORDINANCES-U03 11/19/2003-U04 ROBIN-U04 ORD 1216pT3(Ìì¾[ÔÆOrdinance No. 1216 Page 3 the twentieth 20th) day following its adoption, or upon the day following the first regular City Council meeting occurring after adoption of such resolution, whichever shall occur last, unless, within such period of time, an appeal of such decision is filed, or the matter is called for review by the City Council. 1) An appeal shall be in writing and filed with the City Clerk. An appeal may be filed by an applicant for an administrative adjustment, zone variance or conditional user permit or modification thereto, by a permittee affected by a revocation, or by a person aggrieved by any action of the Planning Commission as to such application of revocation if such person appeared at the Planning Commission hearing. No appeal shall be accepted for filing unless accompanied by payment of an appeal fee in an amount set by resolution of the City Council. 2) The City Council may call a matter for review by motion carried by not less than three affirmative votes of the City Council. C) Procedures for Hearing by the City Council. Whenever the City Council is to hear an administrative adjustment, zone variance or conditional use permit, or modification or revocation proceeding relating thereto, the City Clerk shall set the matter for a public hearing before the City Council. The City Council shall conduct a de novo public hearing upon the matter, and shall thereafter determine the matter. In making its determination, the City Council shall apply the standards set forth in this Code which are applicable to the matter. In its discretion, the City Council may, prior to making its decision, refer the matter back to the Planning Commission for a further report, with or without additional public hearings before the Planning Commission. The determination of the City Council shall be by resolution, adopted by not less than a majority of the total voting membership of the City Council. The resolution shall set forth the facts as found by the City Council in support of its action. The decision of the City Council shall be final and conclusive in all cases. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall have it published in accordance with the provisions of state law. PASSED AND APPROVED this 5th day of November. 2003 BIB] 37945-U01 ORD-U02 1216-U02 LI2-U03 FO8535-U03 FO9348-U03 DO31490-U03 C5-U03 ORDINANCES-U03 11/19/2003-U04 ROBIN-U04 ORD 1216pT3(Ìì¾[ÔÆOrdinance No. 1216 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, Kathleen R. Sessman, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held October 15, 2003 and was adopted by the City Council at its regular meeting held on November 5, 2003 by the following vote of the Council: AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro Tern Bill Van Cleave, and Mayor ManuelLozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Kathleen R. Sessman R. Deputy City Clerk BIB] 37945-U01 ORD-U02 1216-U02 LI2-U03 FO8535-U03 FO9348-U03 DO31490-U03 C5-U03 ORDINANCES-U03 11/19/2003-U04 ROBIN-U04