Ordinance - 976ORDINANCE NO. 976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AMENDING CERTAIN PROVISIONS OF THE
• WEST COVINA MUNICIPAL CODE PERTAINING TO PROCE-
DURE ON PUBLIC HEARINGS IN VARIANCES AND ZONE
CHANGES AND OTHER RELATED MATTERS.
The City Council of the City of West Covina does ordain as
follows:
SECTION 1. Sections 9222 through 9222.13 and Sections
9223 through 9223.15 are hereby repealed.
SECTION 2. The title of Part 22 of Chapter 22 of Article
IX of the West Covina Municipal Code is amended to read:
"PART 22- VARIANCES It
SECTION 3. Sections 9222.14 and 9222.15 of said Codes
are hereby renumbered 9222.17 and 9222.18 respectively.
SECTION 4. The West Covina Municipal Code -is hereby
amended by the addition thereto of new section 9222 through 9222.16
reading respectively as follows:
"9222 PLANNING COMMISSION MAY GRANT VARIANCE.
When practical difficulties, unnecessary.hardships,
or results inconsistent with the general purpose
• of this Chapter result through the strict and
literal interpretation and enforcement of the
provisions hereof, the Planning Commission shall
have authority, as an administrative act, subject
to the provisions of this Part, to grant, upon such
conditions as it may determine, such variances from
the provisions of this Chapter as may be in harmony
with its general purpose and intent, so that the
spirit of this Chapter shall be observed, public
safety and welfare secured and substantial justice
done.
"9222.1 SAME. PURPOSE OF VARIANCE.
The sole purpose of any variance shall be to
prevent discrimination, and no variance shall
be granted which would have the effect.of granting a
special privilege not shared by other property in the
same vicinity and zone in which such property is
situated.
"9222.2 SAME. REQUIRED SHOWING FOR VARIANCES.
Before any variance may be granted, it sall be shown:
• (a) That there are exceptional or extraordinary
circumstances not applicable generally to the
other property or class of use in the same
vicinity and zone.
(b) That such variance is necessary for the preser-
vation and enjoyment of a substantial property
right possessed by other property in the same
-1-
vicinity and zone but which is denied to the
property in question.
(c) That the granting of such variance will not
be materially detrimental to the public wel-
fare or injurious to the property or improve-
ments in such vicinity and zone in which the
property is located.
.(d) That the granting of such variance will not
adversely affect the comprehensive general
plan.
"9222.3 SAME. INITIATION OF VARIANCES.
Variances may be initiated by:
(a) The verified application of one or more owners
of the subject property or by a purchaser or
lessee thereof with consent of any such owner
which application sets forth fully the grounds
for and the facts deemed to justify the grant-
ing of the variance.
(b) Resolution of the City Council.
c Resolution of the Planning Commission.
"9222.4 SAME, PLANNING COMMISSION TO HOLD HEARINGS.
Upon filing of a verified application for a
variance or the adoption of a resolution of inten-
tion by the Planning Commission or the City Council,
the Planning Commission shall hold a public hearing
thereon.
"9222.5 SAME. NOTICE.
Notice of such hearing shall be given as provided
in Part 24 of this Chapter.
119222.6 SAME. TIME FOR HEARINGS.
The hearing shall be held not later than forty days
following the date of filing of the application or
the passage of a resolution by the Planning Commission
or the City Council.
"9222.7 SAME. PLANNING COMMISSION SHALL ANNOUNCE FINDINGS
AND DECISIONS AND KEPT AS PERMANENT RECORD.
The Planning Commission shall announce its findings
and decision by resolution not more than thirty days
following the termination of the hearing, and said
resolution shall recite, among other things, the
facts and reasons which, in the opinion of the
Commission, make the approval or denial of the
application for the variance necessary to carry out
the general purpose of this Chapter, and shall order
• that the variance be granted or denied, and if such
resolution orders that the variance be granted, it
shall also recite such conditions and limitations
as it may impose. Reports of the Planning Commission
shall be kept as permanent record in.the files of
the Commission.
-2-
"9222.8 SAME. NOTICE OF DECISION OF PLANNING COMMISSION
WHEN APPROVING THE APPLICATION.
When the action of the Commission is to recommend
. the approval of an application, the Commission
shall within fifteen days from the date of the
adoption of its resolution, notify the applicant
by mailing a copy of the resolution to the address
shown upon the application filed with the Planning
Commission, and to any other person who"has filed
a written request for such notification. A copy
of such resolution shall also be filed with the
City Council and with the City Manager on the same
day as said mailing.
"9222.9 SAME. NOTICE OF DECISION OF PLANNING COMMISSION
WHEN DENYING THE APPLICATION.
When the action of the Commission is to deny an
application, the Commission shall within fifteen
days from the date of the adoption of its resolu-
tion, notify the applicant by mailing a copy of
the resolution to the address shown upon the applica-
tion filed with the Planning Commission, and to
any other person who has filed a written request
for such notification. A copy of such resolution
shall also be filed with the City Council and with
the City Manager on the same day as said mailing.
"9222.10 SAME. EFFECTIVE DATE OF ORDER GRANTING OR DENYING
VARIANCE. TIME FOR APPEAL.
The resolution of the Planning Commission in grant-
ing or denying a variance shall become final and
effective twenty days after the date of mailing the
copy or copies of the resolution as required by
Section 9222.80 unless within ten days after the
said mailing of the resolution, an appeal in writing
is filed with the City Council by either the ap-
plicant or an opponent, or unless within said twenty -
day period the City Council shall at any regular
or special meeting of the Council initiate such an
appeal. The filing or initiation of such appeal
within such time limit shall stay the effective
date of the order of the Planning Commission until
such time as the City Council has acted on the
appeal as hereafter set forth in this Chapter.
"9222.11 SAME. RECORDS OF PLANNING COMMISSION TO BE
TRANSFERRED TO CITY COUNCIL.
Upon appeal filed or initiated as provided in this
Part, the Clerk of the City Council shall advise
the Secretary of the Planning Commission who shall
transmit to said Clerk of the City Council the
. complete file in the case.
"9222.12 SAME. CITY COUNCIL TO HOLD PUBLIC HEARING ON
APPEAL.
1
-3-
Within not to exceed thirty days following the
filing or initiation of the appeal, the City
Council shall conduct a duly advertised public
hearing, public notice of which shall be given
• as provided in Part 24 of this Chapter.
"9222.13 SAME. REFERRAL BACK TO PLANNING COMMISSION.
If any material new matter is presented to the
City Council which was not presented to the
Planning Commission, and if the decision of the
City Council is substantially contrary to the
action taken::by the Planning Commission, the
City Council shall refer its findings to the
Planning Commission and request a further report
of the Planning Commission on the matter. Failure
of the Planning Commission to report to the City
Council within forty days after referral may be
deemed to be approval by the Planning Commission
of any proposed change. If any material or new
evidence is offered before the City Council by
an applicant or appellant which could have been
presented to the Planning Commission and was not,
the Council may refer the matter back to the
Planning Commission for rehearing after proper
notice.
"9222.14 SAME. CITY COUNCIL TO ANNOUNCE FINDINGS AND
DECISION.
The City Council shall announce its findings
and decision by resolution not more than thirty
days following the closing of the hearing, or
following the report from the Planning Commission
when a matter has been referred back to the Planning
Commission, and said resolution shall recite, among
other things, the reasons which, in the opinion
of the City Council make the granting or denial
of the variance or necessary to carry out the
general purpose of this chapter, and shall order
that the variance be granted or denied or modified,
subject to such conditions and limitations as it
may impose. But failure to act within said time
shall not invalidate the action.
"9222.15 SAME. DECISION OF CITY COUNCIL SHALL BE FINAL.
Action by the City Council on the application for
appeal shall be by majority vote of a quorum of
the City Council and shall be final and conclusive.
"9222.16 SAME. NOTICE OF DECISION OF CITY COUNCIL.
Not later than ten days following the adoption of
a resolution ordering that a variance be granted
or denied, a copy of said resolution shall be
mailed to the applicant at the address shown upon
the application, and one copy shall be attached to
the file in the case and the complete file returned
to the Planning Commission."
-4-
SECTION 5. The West Covina municipal Code is hereby
amended by the addition thereto of new sections 9223 through
9223.16 reading respectively as follows:
• 119223. CHAPTER MAY BE AMENDED.
Whenever the public necessity, convenience,
general welfare, or good zoning practice require,
the Council may amend, supplement, or change the
regulations, zone boundaries, or classifications
of property, now or hereafter established by this
Chapter.
"9223.1 SAME. AMENDMENTS APPLICABLE TO THIS PART.
Amendments, supplements or changes to this Chapter
and/or the accompanying Official Zoning Map which:
(a) Change any property from one zone to another
or
(b) Add, modify, or remove any regulation pertain-
ing to the use or development of property
shall be initiated and adopted in accordance
with the procedures stated in this part.
"9223.2 SAME. AMENDMENTS NOT APPLICABLE TO THIS PART.
Amendments, supplements, or changes that do not:
(a) Change any property from one zone to another
or
(b) Do not impose any new regulation or modify or
remove any existing regulation on the use or
development of property may be initiated and
adopted as other ordinances are initiated and
adopted, and without compliance with this Part.
"9223.3 SAME. INITIATION OF AMENDMENT.
Amendments of this Chapter may be initiated by:
(a) The verified application of one or more
owners of property proposed to be changed
or reclassified, or by a purchaser or lessee
with consent of the owner.
(b) Resolution of the City Council.
c Resolution of the Planning Commission.
"9223.+ SAME. PLANNING COMMISSION TO HOLD HEARINGS.
Upon filing of a verified application for an
amendment, or the adoption of a resolution of
intention by the Planning Commission or the
City Council, the Planning Commission shall
hold a public hearing thereon.
"9223..5 SAME. NOTICE
Notice of such hearing shall be given as provided
in Part 24 of this Chapter.
-5-
"9223.6 SAME. TIME FOR HEARINGS.
The hearing shall be held not later than forty
days following the date of filing of the applica-
tion or the passage of a resolution by the Plan-
ning Commission or the City Council.
"9223.7 SAME. PLANNING COMMISSION SHALL ANNOUNCE FINDINGS
AND DECISIONS AND KEPT AS PERMANENT RECORD.
The Planning Commission shall announce its findings
and decision by resolution not more than thirty days
following the termination of the hearing, and said
resolution shall recite, among other things, the
facts and reasons which, in the opinion of the
Commission, make the approval or denial of the applica-
tion for the amendment necessary to carry out the
general purpose of this chapter, and shall recommend
in favor of or against the application. The
resolution shall be transmitted to the City Council.
"9223.8 SAME. NOTICE OF DECISION OF PLANNING COMMISSION
WHEN APPROVING THE APPLICATION.
When the action of the Commission is to recommend
in favor of an application, the Commission shall
within fifteen days from the date of the adoption
of its resolution, notify the applicant by mailing
a copy of the resolution to the address shown upon
the application, and shall forward to the City
. Council the complete file. The resolution shall
be filed with the City Council on the same day as
said mailing.
"9223.9 SAME. NOTICE OF DECISION OF PLANNING COMMISSION
WHEN DENYING THE APPLICATION.
When the action of the Commission is to recommend
against an application, the Commission shall, with-
in fifteen days from the date of the adoption of
its resolution, notify the applicant by mailing a
copy of the resolution to the address shown ltpon
the application filed with the request for such
notification. The resolution shall be filed with
the City Council on the same day as said mailing.
"9223.10 SAME. ACTION OF PLANNING COMMISSION SHALL BE
FINAL WHEN DENYING APPLICATION, UNLESS APPEAL
IS FILED.
The resolution of the Planning Commission in
recommending against an application for amendment
to change property from one zone to another shall
be final and conclusive twenty days after the date
of mailing the copy or copies of the resolution as
• required by Section 9223.9 unless within ten days
after the said mailing of the resolution, a written
request for hearing thereon by the City Council is
filed with the City Clerk by any interested party,
or unless within said twenty day period the City
wim
Council shall at any regular or special meeting
of the Council request such hearing. The making
of either such request with such time limit shall
stay the effective date of the order of the Plan-
ning Commission until such time as the City Council
has acted on the appeal as hereafter set forth in
this Chapter.
"9223.11 SAME. RECORDS OF PLANNING COMMISSION TO BE
TRANSFERRED TO CITY COUNCIL.
Upon appeal filed or initiated as provided in this
Part, the Clerk of the City Council shall advise
the Secretary of the Planning Commission who shall
forward to said Clerk the complete file in the case.
"9223.12 SAME. CITY COUNCIL TO HOLD PUBLIC HEARING ON THE
RECOMMENDATIONS OF THE PLANNING COMMISSION.
Within not to exceed thirty days following receipt
of the resolution from the Planning Commission
recommending in favor of the amendment or the filing
or initiation of a request for a hearing on a
recommendation of the Commission denying an applica-
tion for an amendment, as provided in this Part,
the City Council shall conduct a duly advertised
public hearing on the matter, public notice of
which shall be given as provided in Part 24 of this
Chapter.
. "9223.13 SAME. REFERRAL BACK TO PLANNING COMMISSION.
If any material new matter is presented to the
City Council which was not presented to the
Planning Commission, or if the City Council modifie.9
the action taken by the Planning Commission, the
City Council shall refer its findings to the Plan-
ning Commission and request a further report or
recommendation of the Planning Commission on the
matter. Failure of the Planning Commission to
report to the City Council within forty days after
reference shall be deemed approval by the Planning
Commission of any proposed modification. If any
material or new evidence is offered before the
City Council by an applicant or appellant which
could have been presented to the Planning Commission
and was not, the Council may refer the matter back
to the Planning Commission for rehearing after
proper notice.
"9223.14 SAME. CITY COUNCIL TO ANNOUNCE FINDINGS AND
DECISION.
The City Council shall announce its findings and
decision by ordinance, if. approving an amendment,
• or by resolution, if denying an amendment, adopted
not more than thirty days following the termination
of the hearing, or following receipt of a report
from the Planning Commission when a matter has
-7-
0
1]
17J
been referred back to the Planning Commission,
but failure to act within said time shall not
invalidate the action.
"9223.15 SAME. DECISION OF CITY COUNCIL SHALL BE FINAL.
The action by the City Council on the application
for amendment shall be by majority vote of the
entire membership of the City Council on the applica-
tion and shall be final and conclusive.
"9223.16 SAME. NOTICE OF DECISION OF CITY COUNCIL.
Not later than ten days following the adoption by
the City Council of an ordinance ordering an amend-
ment, or of a resolution denying an application or
recommendation for an amendment, one copy of such
ordinance or resolution shall be mailed to the
Applicant at the address shown upon the application,
and one copy shall be attached to the file in the
case and the complete file returned to the Planning
Commission for permanent filing.
SECTION 6. The City Clerk shall certify to the passage of
this ordinance and cause the same to be published as required by law.
Approved and passed this 22nd
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
of August , 1966.
I, ROBERT FLOTTEN, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 976 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 8th day of August 1966.
That, thereafter, said ordinance was u y adopted and passed at a
regular meeting of the City Council on the 22nd day of August ,
1966, by the following vote, to wit:
AYES: Councilmen: Gillum, Snyder, Gleckman, Mayor Krieger
NOES: Councilmen: None
ABSENT: Councilmen: None
ABSTAINED: Councilman Nichols.
'4� f
City Clerk