HomeMy WebLinkAbout516ORDINANCE NO. 516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION
17.80.110 TO AUTHORIZE INDIVIDUAL CITY COUNCILMEMBERS TO
REQUEST CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING
COMMISSION REGARDING APPLICATIONS FOR ZONING VARIANCES
OR CONDITIONAL USE PERMITS
WHEREAS, Irwindale Municipal Code Chapter 17.80 establishes procedures for zone
variances and conditional use permits, under which applications for variances and conditional use
permits are set for public hearing before the Planning Commission; and
WHEREAS, within 30 days after a public hearing the Planning Commission may
conditionally approve or deny the application by resolution and, unless appealed, this decision
becomes final on the twentieth day following the adoption of the resolution or on the day following
the next regularly scheduled City Council meeting, whichever is later; and
WHEREAS, under existing Irwindale Municipal Code Section 17.80.110, decisions of the
Planning Commission regarding conditional use permits or variances may be appealed to the City
Council; and
WHEREAS, under existing procedures the ability to appeal a decision of the Planning
Commission is limited to: 1) the applicant; 2) a person who appeared at the commission hearing
and opposed the matter, and who is aggrieved by the commission's decision; and 3) the City
Council itself upon a motion and a minimum of three votes; and
WHEREAS, the City Council of the City of Irwindale desires to allow individual members
of the City Council to request City Council review of decisions of the Planning Commission
without a motion or majority vote.
NOW, THEREFORE, THE CITY COUNCIL OF IRWINDALE, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Irwindale Municipal Code is hereby amended to read as follows:
"Section 17 80 090 Application -- Decision by resolution.
Within thirty days following a public hearing upon a variance or conditional use
permit application, the commission shall, by resolution, approve, conditionally approve,
or deny the same. The resolution shall contain a statement of facts upon which the
decision is based. The decision of the Planning Commission shall be final and conclusive
�t upon the twentieth day following the date of adoption of the resolution of the commission,
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Ordinance No. 516
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or upon the day following the next regularly scheduled council meeting, whichever date!
is the latest, in the absence of the filing of a written appeal or request for review, in the
manner specified in Section 17.80.110.
SECTION 2. That the Irwindale Municipal Code is hereby amended to read as follows:
"Section 17.80.110 Anneal/Review -- Procedure.
A. The applicant, or any person who is aggrieved by the decision of the
Planning Commission in conjunction with action taken on a variance or conditional use
permit, may file a written letter of appeal with the City Clerk together with a fee in the
sum of fifty dollars, prior to the commission's action becoming final, appealing the
decision of the Planning Commission to the City Council.
B. A member of the City Council may, at any time prior to the effective date
of the Planning Commission's resolution as set forth in Section 17.80.090, cause the City
Council to review any Planning Commission decision on any variance or conditional use
permit by filing a written letter requesting review with the City Clerk. The letter of review
shall not specify any grounds therefor and shall not be deemed in and of itself to establish
prejudgment or bias on the part of the requesting councilmember unless such can be
established by other relevant evidence. The desire of the City Council or any member
thereof to review a decision of the Planning Commission reflects only the City Council's
ultimate responsibility to the community and not prejudgment on the part of individual
councilmembers. The review shall be undertaken without the payment of a fee, but in
other respects the review shall be handled in the same manner as an appeal.
C. Upon receipt of a written letter appealing or requesting review of a Planning
Commission decision, the City Clerk shall set the matter for hearing upon the council
agenda at the next most convenient meeting of the council, but not later than thirty days
after the filing of such an appeal or request for review, unless otherwise requested by the
appealing party or otherwise set by the City Council. Notices of the hearing before the
City Council shall be given by the City Clerk in the same manner as notices are given for
Planning Commission hearings, as set forth in Section 17.80.080."
SECTION 3. ver ili . If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections or portions of this Ordinance or part
thereof. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 5. Publication. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance and shall cause the same or a summary thereof to be published in 16)
Ordinance No. 516
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accordance with Government Code Section 36933, in a newspaper of general circulation which
is hereby designated for that purpose.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Irwindale this 11th day of September 1997.
Patncio S. Miran a, Mayor
A
Camille Diaz, Deputy City
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF IRWINDALE )
I, Camille Diaz, Deputy City Clerk of the City of Irwindale, California do hereby certify
that the foregoing Ordinance No. 516, was duly introduced at a regular meeting of the City
Council held on the 28th day of August, 1997, and was duly approved and adopted by the City
Council at a regular meeting of said Council held on the 11th day of September, 1997, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Camille Diaz, Deputy City rk
582/048193-0001/3090719.3 m08/13/97
Almazan, Castellanos, Chavez, Tapia,
Mayor Miranda
None
lerin
None
Ordinance No. 516
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