Ordinance - 1809ORDINANCE NO. 1809
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AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE WEST COVINA MUNICIPAL CODE
BY AMENDING CHAPTER 26, ARTICLE VI, AS IT
RELATES TO PROCEDURAL REQUIREMENTS
FOR APPEALS AND GENERAL PLAN AMENDMENTS.
(Amendment No. 222)
WHEREAS, by direction of the Planning Commission, the
Planning staff studied and analyzed the City's regulations as
they relate to procedural requirements for appeals of decisions
of the Planning Commission and Planning Director and the
processing of General Plan amendments; and
WHEREAS, the Planning Commission, upon giving the required
notice, did on the 18th day of January, 1989, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, the City Council of West Covina has considered
evidence presented by the Planning Department, the Planning
Commission, and other interested parties at said public hearing
held on February 13, 1989; and
WHEREAS, studies and investigations made by this Commission
and in its behalf reveal the following facts:
1. Recent requests for appeals of Planning Commission
decisions to the City Council have precipitated a
number of procedural questions; and
2. The Planning Department staff recognizes the need to
clarify the procedural questions; and
3. The Municipal Code presently does not address the
processing of General Plan amendments; and
4. Provisions of the Municipal Code shall conform with
State Planning and Zoning Law (California Government
Code 65000-65997).
NOW, THEREFORE, the City Council of the City of West
Covina, California, does ordain as follows:
SECTION NO. 1: Based on the evidence presented and the
findings set forth, Chapter 26, Article VI is hereby amended to
read as follows:
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ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES
DIVISION 1. GENERALLY
Section 26-199 through 26-204
No changes to these sections.
• Section 26-205. Setting hearings
(a) All proposals for amending zone boundaries or
classifications of property uses within such zones, General Plan
amendments, unclassified use permits, precise plans, amendments and
reclassifications as are defined by this chapter, or the granting of
variances (except slight modifications), as provided in this
chapter, shall be set by the secretary of the Planning Commission
for public hearing when such hearings are to be held before the
Planning Commission, by the clerk of the City Council when such
hearings are to be held by it.
(b) The date of the first of the hearings shall be not less
than ten (10) days from the time an application is accepted as
complete, or the adoption of a resolution, or the making of a motion.
All times as set out herein shall be calendar days unless otherwise
indicated.
Section 26-206. Notices
Notices of public hearing stating the type of application or
nature of proposal, general description of property under
consideration, and the time and place at which the public hearing is
to be held shall be given in the following manner and shall be
completed or received not less than ten (10) days prior to the date
of hearing:
(a) For a reclassification of property from one zone to
another, redesignation of a property from one General Plan land use
designation to another or for a variance (except slight
modifications), unclassified use permit, or precise plan of design:
(1) By one publication in a newspaper having general circulation in
the city; and
(2) By mailing a notice to the owners of property within a radius
of three hundred (300) feet of the exterior boundaries of the
property under consideration, using for this purpose the name
and address of such owners as shown upon the latest available
assessment rolls of the county assessor.
(3) Both mailing and publication are to be used in all instances
unless otherwise directed by the City Council.
(b). For amendments, supplements or changes to the zoning
ordinance that do not reclassify any property from one zone to
another but do impose, change, or remove any new regulation on the
use or development of property and for amendments to the General
Plan text:
(1) By one publication in a newspaper having general circulation in
the city.
4 (c) For slight modifications:
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(1) By mailing a notice to the applicant and to the owners of all
property abutting or affected by the subject property or
separated therefrom only by a street or alley, at the address
of such owners as shown on the last equalized assessment roll.
Section
26-207
through Section 26-210
•
No
changes
to these sections.
Section
26-211.
Effective date of Planning Commission decision
(a) All decisions of the Planning Commission except
recommendations for General Plan amendments and recommendations of
approval for zoning amendments shall become final and effective
within twenty (20) days after adoption of the resolution stating the
decision unless appealed to the City Council.
(b) Recommendations approving zoning amendments shall be
transmitted to the City Council who shall conduct a duly advertised
public hearing on the matter within forty five (45) days following
receipt of the resolution. Recommendations denying a zone change
shall be filed with the City Council and shall become final unless
appealed to the City Council.
(c) Recommendations approving or denying General Plan
amendments shall be transmitted to the City Council who shall
conduct a duly advertised public hearing on the matter.
Section 26-212. Appeal procedure
(a) Anyone so desiring may appeal the decision of the Planning
Director or the Planning Commission to the City Council in writing.
Specific issues to be considered for appeal shall be identified in
the written request. The request shall be accompanied by an appeal
fee (see section 26-202(b)) and submitted to the City Clerk's office
within the time periods specified below:
(1) General Plan amendment - Five (5) business days after adoption
of the decision resolution by the Planning Commission.
(2) Zone change denials - Five (5) business days after the Planning
Commission files the recommendation with the City Council.
(3) Unclassified use permit, variance (except slight modifications)
or precise plan - Twenty (20) days after adoption of the
decision resolution by the Planning Commission.
(4) Decisions of the Planning Director or the review board for
slight modifications or minor amendments to an unclassified
use permit or precise plan - Fifteen (15) days after the date
the decision is transmitted in writing to the applicant.
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(b) Any City Council member within the same time periods
.specified in part (a) of this section may also, in either a regular
or special meeting, initiate such appeal. Upon being notified of
such appeal by the clerk of the City Council, the Planning
Commission secretary shall immediately transmit to said clerk the
complete file in the case.
• (c) The City Council shall conduct a public hearing on the
appeal within thirty (30) days from the date of notification of the
appeal, or as otherwise specified by the City Council.
(d) When considering an appeal, the City Council may approve
or deny the recommendation of the Planning Commission, or modify the
project.
Section 26-213. City Council public hearing
Consideration of an appeal of a Planning Commission decision
shall be a public hearing notice of which shall be given as provided
in section 26-206. The public hearing shall commence within
thirty (30) days of the filing or initiation of such appeal, and may
be continued from time to time.
Section 26-214. Referral back to Planning Commission
The City Council may, because of making substantial changes, or
because of a desire for additional information, or due to the
submission of significant new material or evidence, refer the matter
back to the Planning Commission for further study and report. At
the time of referral, the City Council shall specify a time period
within which the Planning Commission is required to report back to
the City Council. If so referred, the Planning Commission secretary
shall state to the City Council the date upon which said matter will
appear on the Planning Commission agenda, whereupon said date shall
immediately be publicly announced by the City Council.
Section 26-215. Planning Commission failure to report
Failure of the Planning Commission to report back to the City
Council within the time period specified by the City Council
shall be deemed an approval by the Planning Commission of City
Council changes or actions.
Section 26-216 through 26-217
No changes to these sections.
Section 26-218. Decision of the City Council shall be final
(a) Action by the City Council on an application or appeal
shall be by majority vote of a quorum of the City Council and shall
be final and conclusive.
(b) A denied project may not be resubmitted to the City for
review and approval in substantially the same form for at least one
(1) year from the date of denial.
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SECTION NO. 2: Based upon the findings of an initial study, it
has been determined that the proposed project will not have a
significant impact on the environment. Therefore, a Negative
Declaration of Environmental Impact has been prepared for the
proposed project pursuant to the requirements of the California
Environmental Quality Act of 1970, as amended.
SECTION NO. 3: 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 27th day of February, 1989.
Mayor
ATTEST:
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City Cler
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Ordinance No.1809 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 13th day of February, 1989 That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 27th day of February, 1989
by the following vote, to wit:
AYES: Councilmembers: Tarozzi, McFadden, Lewis, Bacon, Manners
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Cler
APPROVED AS TO FORM:
A
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CERTIFICATION
• Is JANET BERRY, City Clerk of the City of West Covina
, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
Janet Berry, City Cle
City of West Covina, California
DATED:— /� �