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HomeMy WebLinkAboutORD 652ORD 652ÜÂh£ŸjìÃFIRST READiNG...^^,^.^.'.:..^^-. SECOND nEAOtNG-......12r6.-72-..., ORDINANCE NO.652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN OF THE CITY'S ZONING REGU- LATIONS RELATING TO PROCEDURES. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 9478 of the Baldwin Park Municipal Code is hereby amended to read as follows: 9478. ACTION ON APPLICATIONS. a) Planning Commission Action. Within thirty 30) days following the closing of a public hearing on a zone variance or conditional use permit application, the Commission shall, by resolution, approve, conditionally approve or deny the same; provided, that if the Commission shall fail to finally act upon such matter within said thirty 30) day period, that on or after the 31st day following the close of the public hearing relating thereto, and prior to the adoption by the Commission of its said resolution, the said matter may be appealed to the City Council for de novo final determination. Such appeals shall be perfected as set forth in Section 9480 hereof. Said resolution shall contain a statement of facts upon which the decision is based. On the day 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 at his last known address. The decision of the Planning Commission shall be final and conclusive upon the 15th day following the date of adoption of the resolution of the Commission, in the absence of a timely filed appeal. b) Action by Zoning Administrator, f Within ten 0) days following the close of a public hearing upon a minor zone variance, the Zoning Administrator shall approve, conditionally approve or deny the same; provided, that if the Zoning Administrator shall fail to finally act f upon such matter within said ten 10) day period, f that on or after the llth day after the close of the public hearing relating thereto, and prior to the final action of the Zoning Administrator on such matter, the said matter may be appealed to the City Council for de novo final determi- nation. Such appeals shall be perfected as set forth in Section 9480 hereof. The action of the Zoning Administrator shall be in written form and shall contain a brief statement of facts upon which such determination is based. Not later than the day following the rendering of such determination, the Zoning 1- BIB] 37950-U01 ORD-U02 652-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31814-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 652ÜÂh£ŸjìÃORDINANCE NO. 652 Administrator shall forward a copy of his decision by United States mail, postage prepaid, addressed to the applicant at his last known address. The decision of the Zoning Administrator shall be final and conclusive upon the 15th day following the date of said determination, in the absence of a timely filed appeal." SECTION 2. That Section 9494 of the Baldwin Park Municipal Code is hereby amended to read as follows: 9494. DECISION. After conducting a hearing on any proposed amendment, the Commission shall take one of the following courses of action: 1) recommend to the City Council that the requested amendment be granted in whole, or in part; or 2) deny the requested amendment. The Commission's action shall be by resolution, which resolution shall contain the facts upon which the Commission^ determination was based. Where the Planning Commission denies such a request, the decision of the Commission shall be final and conclusive in the absence of an appeal, as hereinafter provided. Where the Commission recommends approval of such an amend- ment the Secretary of the Commission shall for- ward to the City Clerk the material required by the provisions of the Planning Act of the State of California. Notwithstanding any other provision of this Section, if for any reason the Commission fails to make a determination within thirty 30) days after the close of a public hearing upon any matter, hereinabove referred to in this Section, on or after the 31st day following the close of such hearing, and prior to the adoption by the Commission of its said Resolution, the matter may be appealed to the City Council for de novo final determination. Such appeals shall be perfected as set forth in Section 9495 hereof. SECTION 3. That Section 9495 of the Baldwin Park Municipal Code is hereby amended to read as follows: 9495. APPEAL. The decision of the Commission in the case of a denial of a pro- posed reclassificatlon or amendment, shall be final and conclusive, in the absence of a timely filed appeal fifteen 15) days after the adoption of its resolution. Any person aggrieved by the decision of the Commission in such case, may, prior to such decision becoming final, appeal the same to the City Council, by filing a written letter of appeal with the City Clerk, together with the payment of a filing and processing fee in the sum of $100.00. 2- BIB] 37950-U01 ORD-U02 652-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31814-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 652ÜÂh£ŸjìÃORDINANCE NO. 652 The Council, by motion, may set such matter for a hearing de novo before it; in such cases, the matter shall be deemed to be appealed to the Council for all purposes. Upon the filing of such an appeal, the City Clerk shall immediately advise the Director thereof, who shall thereupon trans- mit to the City Clerk the Commission files in connection with said matter." SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law, PASSED AND APPROVED this 6th day of December 1972. ATTEST; 1^^ L^^ City Clerk— STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS; CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the151111 d«y of November 1972. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of December 1972, by the following vote: AYES; COUNCILMEN King, Gregory, Hamilton, McCaron and Mayor Blewett NOES: COUNCI LMEN____________________________________ ABSENT: COUNCILMEN THELMA L. BALKUS. City Clerk 3- BIB] 37950-U01 ORD-U02 652-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31814-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04