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HomeMy WebLinkAboutOrdinance No. 924 _- ORDINANCE NO. 924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE RELATING TO APPEALS FROM ACTIONS OF THE PLANNING COMMISSION WITH RESPECT TO CONDITIONAL USE PERMITS AND CHANGES OF ZONE. The City Council of the City of Azusa does ordain as follows : SECTION 1. Upon recommendation of the Planning Commission, Section 9231.27 of the Azusa Municipal Code is hereby amended to read as follows : "SECTION 9231.27 PERMIT EFFECTIVE AND APPEAL. The action of the Planning Commission, as provided above, shall become final and effective twenty days after the date the written determination is made, unless during that time written appeal therefrom is taken to the Council by the applicant, by any person aggrieved or affected by the determination of the Commission in connection with the appli- cation, or by the City Council on its own motion. Such appeal, except on the Council's own motion, shall be filed in triplicate with the City Clerk and shall state the grounds therefor and wherein the Commission erred or failed to con- form to the requirements of this Chapter. The City Clerk shall forthwith transmit one copy of said appeal to the Building Inspector and one copy to the Commission. Said appeal stays all proceedings in furtherance of the action appealed from until the determination of the appeal. Upon receipt of the appeal the Commission shall, within ten days, transmit to the Council the original application and copies of all other papers constituting the record upon which the action was taken together with a written report disclosing in what respects the application and facts offered in support thereof met or failed to meet the variance require- ments set forth in paragraphs 1 to 4 inclusive of Section 9231.26(a) or wherein the proposed Conditional Use Permit should or should not be granted. The Council may by resolution affirm, reverse, or modify in whole or in part any decision, determination, or require- ment of the Commission but before granting any appealed peti- tion which was denied by the Commission or before changing any of the conditions imposed by the Commission, the Council must set the matter for hearing giving the same notice as that provided in Section 9231.23 and must make a written finding of fact setting forth wherein the property or particu- lar use involved meets or fails to meet the requirement set forth in Section 9231.26. If any material new evidence is offered before the Council by an applicant or appellant which could have been presented to the Commission and was not, the Council may refer the matter back to the Commission for rehearing after proper notice." SECTION 2. Upon recommendation of the Planning Commission, Section 9232.70 of the Azusa Municipal Code is hereby amended to read as follows : "SECTION 9232.70 COUNCIL ACTION. Upon receipt of the application, together with Commis- sion's report and recommendations relative thereto, the Council, after it has conducted a public hearing tereon following published notice thereof as provided in Section 9232.30, may: (a) Confirm the recommendation of the Commission and effect such change or amendment by Ordinance, or (b) Reject the proposed change or amendment, or (c) If the Council does not agree with part of the Commission's recommendations, refer the matter back to the Commission for a report on the parts in question. Thereafter upon receiving the report of the Commission or upon the Com- mission's failure to report within forty days, the Council may, by Ordinance, effect any change or amendment even though the Commission does not concur. If any material new evidence is offered before the 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 Commission for rehearing after proper notice." SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 1st day of April , 1968. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I, JAMES MILLER, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 924 was regularly intro- duced and placed upon its first reading at a regular meeting of the City Council on the 18th day of March , 1968. That thereafter, said ordinance was duly"—adopted and passed at a regular meeting of the City Council on the 1st day of April , 1968, by the following vote, to wit : AYES : Councilmen: Rubio, Calvert, Solem, McLees, Cooney NOES : Councilmen: None ABSENT: Councilmen: None c ty clerk -2- I do further certify that I caused said ordinance to be published prior to the expiration of fiteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 7th day of April , 1968, and that the same was published in accordance with law. City Cler Publish Azusa Herald & Pomotropic:� April 7, 1968 -3-