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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 Sections 9222 through 9222.13 and Sections 9223 through 9223.15 are hereby repealed.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