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Ordinance - 1809ORDINANCE NO. 1809 r � 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: 41 Page 2 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: Page 3 (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. I Page 4 (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. 0 Page 5 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: V "��i 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 0 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:— /� �