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HomeMy WebLinkAboutORD 301ORD 301ê79wV ×Pï¦ ORDINANCE NO. 301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 9120, 9120.11, 91'20.2, 9120.21, 9120.22, 9120.32, 9120.33, 9120.34, 9120.36, 9120.361, 9120.38, 9I20.3r1, 9120.392, 9120.1, AND 9120.41 OF THE BALDWIN PARK MUNICIPAL CODE; AND REPEALING SECTIONS 9120.1, 9120.37, 91'20.371, 9120.39, 9121.9 AND 9121.91 OF SAID CODE, RELAT- ING TO ZONE VARIANCES, CONDITIONAL USE PERMITS, AND MASTER PLAN AMENDMENTS Z- 78) THE CITY COUNCI_ OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 9120, 9120.11, 9120.2, 9120.21, 9120.22, 9120.32, 9120.33, 9120.34, 9120.36, 9120.361, 9120.38, 9120.391, 9120.392, 9120.4 and 9120.41 of the Baldwin Park Municipal Code are hereby amended to read, respectively, as follows; 9120. Zone Variances. When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this part." 9120.11. Same. Burden of Proof. Before any zone variance shall be granted, the applicant must show, to the satisfaction of the Planning Commission and the City Council, all of the following facts: I) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property, which do not generally apply to other property in the same zone; and 2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property under similar circumstances in the same zone, but which is denied to the property in question; and 3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to adjacent property; and 4) That the granting of the variance will not adversely effect the Master Plan of the City of Bald- win Park." 9120.2. Conditional Use Permits. Conditional Use Permits shall be granted in the manner hereinafter set fortn i n this Part." ORD 301ê79wV ×Pï¦ 9120.21. Same. Purpose. The purpose of any Conditional Use Permit, issued pursuant to this Part, is to insure that the proposed use will be compatible with other existing and potential uses within the general area." 1"9120.22. Same. Burden of Proof. Before any Conditional Use Permit is granted, the appl cant must show, to the satisfaction of the Planning Commission and the City Council, the following facts: I) That the site for the proposed use is adequate in size and shape; and 2) That the site has sufficient access to streets and highways, adequate in width and pave- ment type to carry the quantity and quality of traffic generated by the proposed use; and 3) That the proposed use will not have an adverse effect upon or adjacent property. Conditions may be imposed upon the issuance of a Permit, to insure a compatible, orderly and efficient development in conformity with the intent and purpose of this chapter." 9120.32. Hearin s. Except as otherwise provided herein, every application for a zone variance and a Conditional Use Per- mit shall be set for public hearing before the Planning Commission and the City Council. Said hearings may be continued by the Plan- ning Commission or the City Council as is necessary." 9120.33- Setting of Public Hearings. The tine of Public Hearings for Variances and Conditional Use Permits shall be set by the Planning Director far the Planning Commission, and by the City Clark for the City Council." 9120.34. Notices. Notices of the time and place of public hearings on Zone Variances and Conditional Use Permits shall be given in the following manner: I) Publication. By publication at least once, not less than ten I0) days prior to the date of the hearing, in a newspaper circulated within the City; and 2) Postin By posting, not less than ten 10) days prior to the date of the hearing, in front of the subject property, and at intervals not to exceed 100 feet on each side of the street on which subject property abutts, for a distance of at least 300 feet in each direction from the external boundaries of subject property; and 3) Mailing. By a mailing, postage prepaid, to the owners of property within a radius of 300 feet from the external boundaries of the subject property, addressed to said owners as shown on the latest available assessment roll of the County of Los Angeles. 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.,t ORD 301ê79wV ×Pï¦ 9120.36. Planning Commission Action. Within twenty 20) days following a public hearing on a Variance or Conditional Use Permit, the Planning Commission shall by resolution, recommend the granting or denial of such matter to the City Council. Said resolution shall indicate the facts upon which said recommendation is based." 91'20.361. Notice of Planning Commission's Recommendation. Within ten 10) days following the adoption of the resolution by the Planning Commission, the Planning Director shall mail a copy of the resolution to the applicant at the address shown on his application." 9120.33. City Council Action. Within twenty 20) days following the adoption of the Planning Commission's resolution of recommendation, the City Council shall conduct a public hearing on the Variance or Conditional Use Permit." 9120.391. Determination by City Council. The City Council shall render its decision granting or denying the Variance or Conditional Use Permit within twenty 20) days following its public hearing. Its decision shall be by resolution, which shall contain the facts supporting the action. The action of the City Council shall be final and conclusive." 9120.392. Notice of City Council's Decision. Within ten 10).days following the adoption of the resolution by the Council, the ity Clerk shall mail a copy of its resolution to the applicant at his last known address." 9120.%_x.. Revocation of Variances and Conditional Use Permits. Upon recommendation by ithe Planning Director, the City Council shall conduct a noticed public hearing to determine whether a Variance or Conditional Use Permit, should be revoked. If the Council finds any one of the following facts to be present, it shall revoke the Variance or Conditional Use Permit: I) that the Variance or Permit was obtained by fraud; or 2) that the use for which such approval was granted is not being exercised; or 3) that the use for which such approval was granted has ceased to exist, or has been suspended for a period of six 6) months or more; or 4) that the permit or variance granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or 5) that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or as to constitute a nuisance. The action of the Council shall be final and conclusive." 912_0.41. Expiration. Any Variance or Conditional Use Permit shall be null and void if the use permitted thereunder is not exercised within the time specified in the resolution approving such Variance or Conditional Use Permit, or if no time is specified, if the same is not exercised within six 6) months from the date said Variance or Permit is granted. Where exercise of the Variance or Conditional Use Permit involves construction, or re-construction, such construction or re- construction must be commenced within sixty 60) days from the date of granting of said Variance or Conditional Use Permit, or the same shall be null and void. The Planning commission, upon good cause shown by the applicant, may extend the time limitations imposed by this Section for a period of not to exceed sixty 60) days." ORD 301ê79wV ×Pï¦ SECTICN 2. Sections 9120.1, 9120.37, 9120.3'71 and 9120.39 are hereby repealed and rescinded. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. PASSED and APPROVED this 4th day of September 1963. r Hub H. BI xham, Mayor ATTEST: Thelma L. Balkus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of said City and signed by the Mayor at a regular Council meeting held on the 4th day of September, 1963, by the following vote: AYES: COUNCILMEN MOREHEAD, HOLMES, BISHOP, TAYLOR AND MAYOR BLOXHAM NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE helma L. Balkus, City C Verk ORD 301ê79wV ×Pï¦ ORD. N0. 301 CERTIFICATE OF POSTING STATE OF CALIFORNIA COMITY OF LOS ANGELES SS: CITY OF BALDWIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the j! day of 196_3, 1 caused to be posted in three conspicuous places a copy of rd nance No. 301, as required by law and the Baldwin Park Municipal Code. TEAL. BALKUS, City Crerk SEAL) Subscribed and sworn to before me this 4-4---- day ok-L l fr:-sue rs Notary Public State of California PrlnciI~f fic,,-Los UPI#$ 49411y EVA ELDER PUGH, Notary Public, State of Cali'ar-.;~ P;!•Cipal CH CM Los Angeles County Y C-^,~.;se:or Fxpircs 1OL, h 6, 1967 4657 North l%lerced Ave., Baldwin Park, Calif. BIB] 39008-U01 ORD-U02 301-U02 LI2-U03 FO31549-U03 FO94593-U03 DO94825-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04