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Ordinance - 1569ORDINANCE NO. 1569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE VI, SECTIONS 26-235 AND 26-252 AS THEY RELATE TO TIME EXTENSIONS FOR PRECISE PLANS OF DESIGN AND UNCLASSIFIED USE PERMITS. (Amendment No. 179) • The City Council of the City of West Covina does ordain as follows: SECTION NO. 1: Chapter 26, Article VI, Section 26-235 is hereby amended to read as follows: Section 26-235. Failure to utilize a precise plan a) Failure to utilize a precise plan within one year of its effective date (unless extended by action of the Planning Commission) will automatically void such precise plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. If the City Planning Director should find that there has been no construction of substantial character taken or if such construction should lapse for more than six (6) months, the precise plan shall be void. b) Extension of time in one year increments, up to a maximum of three years may be granted from the date of expiration of the precise plan by the Planning Commission when extenuating cir- c,umstances can be clearly shown by the applicant. The request for same shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been con- tinued. The Planning Commission may impose new conditions on • the precise plan, based on changed circumstances, code amend- ments or oversights disclosed in review of the plan. c) Precise plans approved in conjunction with subdivision maps shall expire on the same expiration date as the map. Approval of a time extension for such maps shall constitute the approval of a time extension of the precise plan which was filed in conjunction with it. Upon approval of time extension for a subdivision map, the Planning Commission may impose new con- ditions on the precise plan, based on changed.circumstances, code amendments or oversights disclosed in review of the plan. Should a final subdivision map be recorded prior to the implementation of the precise plan, the provisions of Paragraph (b) of this Section shall apply, provided that no extensions shall be granted to beyond four years of the approval date of the precise plan. SECTION NO. 2: Chapter 26, Article VI, Section 26-252 is hereby amended to read as follows: Section 26-252. Failure to utilize a unclassified use permit. a) Failure to utilize an unclassified use permit within one year of its effective date (unless extended by action of the Planning Commission or City Council) will automatically void such unclassified use permit. In the event construction work • is involved, such work must actually commence within the stated period and be diligently pursued. If the City Planning Director should find that there has been no construction of substantial characterorif construction stops for more than six (6) months, the unclassified use permit shall be void. b) Extensions of time in one year increments up to a maximum of three years may be granted.from the date of expiration of the unclassified use permit by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the Planning Commission in writing prior to the expiration date • and shall clearly state the reasons why construction has not commenced or been continued. The Planning Commission may impose new conditions on the unclassified use permit, based on changed circumstances, code amendments or oversights disclosed in review of the permit. c) Unclassified use permits approved in conjunction with sub- division maps shall expire on the same expiration date as the map. Approval of a time extension for such maps shall con- stitute the approval of a time extension of the unclassified use permit which was filed in conjunction with it. Upon approval of a time extension for a subdivision map, the Planning Commission may impose new conditions on the unclas- sified use permit, based on changed circumstances, code amend- ments or oversights disclosed in review of the permit. Should a final subdivision map be recorded prior to the implementation of the unclassified use permit, the provisions of Paragraph (b) of this Section shall apply, provided that no extension shall be granted to beyond four years of the approval date of the unlclassified use permit. d) In the event that the use for which an unclassified use permit has been granted is discontinued for a period of six (6) months, the unclassified use permit shall become null and void. e) In certain cases as stated in Article XII (Unique Uses) the • unclassified use permit shall be terminated for reason of transfer of ownership or any other interest. SECTION NO. 3 : The City Council finds and determines that said Amendment to the Municipal Code is a minor modification to the City's Zoning Ordinance and is, therefore categorically exempt (Class 5) from the requirements of the California Environmental Quality Act of 1970 (CEQA). SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED and APPROVED this 13th day of December, 1982. Mayor Herb Tice ATTEST: • City C e k Hel e M. Mooney I, Helene M. Mooney, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1569 was regularly introduced and placed upon its first reading at a regular meeting of the City.Council on the 22nd day of November, 1982, That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of December, 1982, by the following vote, to wit: • AYES: Bacon, Shearer, Chappell, Tice NOES: None ABSENT: Tennant APPROVED AS TO FORM: City Attorney • 0 City Clerk elene M. Mooney