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Home My WebLink AboutORD-95-1145 (ZONING - CC PROCEDURE)1 2 3 4 5 6 7 8 9 10 11 12 13 14 %4001/ 15 16 17 18 19 20 21 22 23 24 25 26 27 Sb-mv 28 ORDINANCE NO. 95-1145 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND SECTIONS 1403b, 1409. AND 1435 OF THE ZONING ORDINANCE AND SECTIONS 2-2.279 AND 2-2.28 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR CITY COUNCIL'S RECONSIDERATION OF PLANNING COMMISSION'S DECISIONS. WHEREAS, the City Council held a public hearing on November 28, 1995 to consider oral and written testimony and made the following Findings: A. The City Council has reviewed the draft ordinance that would amend the Municipal Code relative to City Council review of Planning Commission decisions which would make it a standard procedure for the City Council to decide whether to reconsider any Planning Commission decision at every regular meeting succeeding the meeting of the Planning Commission. B. The time period for private parties to submit appeals of Planning Commission decisions should thus start from the date of the Council decision on whether or not to review the decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. MUNICIPAL CODE Chapter 2, Article I of the Hermosa Beach Municipal Code is hereby amended by amending Section 2-2.27 and adding a new Section 2-2.28 to read as follows: Section 2-2.27. Appeal fees. Where the zoning ordinance or municipal code allows for an appeal to be filed with the City Council on matters regarding land use, a fee, established pursuant to Chapter 2, Article XIII of the Municipal Code shall accompany such an appeal. In addition to such an appeal fee, the appellant shall be responsible for providing any required public noticing and shall pay the direct cost of required newspaper ads. As used in this section "land use matters* shall include zone 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 `.►' 28 variances, conditional use permits, tentative parcel and tract maps, precise plans and any other discretionary process by which land use is regulated." No fee shall be required for, and the City shall absorb costs associated with, City Council initiated review of any decision of a subsidiary commission or board of the City. "Section 2-2.28. City Council review of decisions of the Planning Commission. (a) The City Council may on its own initiative review all actions of the Planning Commission. All Planning Commission actions accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action The Council may. at its next regularly scheduled meeting following the Commission's action by an affirmative vote of two (2) members, initiate review of the action In the event the Council initiates such review, the Commission's decision will be staved until the Council completes its proceedings in accordance with the provisions of this Section. (cj At the time the Council votes to initiate review, the applicant shall be informed of the aspects of the application and/or the Commission's decision which the applicant should be prepared to address at the review hearing. Ld) The City Clerk shall set the review hearing within 40 days from the date the Council decides to initiate review. The review hearing shall be noticed as required by Section 1605 and shall be conducted as a de novo hearing The Council may act to uphold, overturn, or otherwise modify the Commission's original action on the proposal, or the Council may remand the application back to the Commission for further review and direction. The decision of the Council supported by findings, shall be set forth in full in a resolution A copy of the decision shall be sent to the applicant. The action of the Council shall be final and conclusive. 1 `...d 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 14� 28 SECTION 2. ZONING ORDINANCE Amend Section 1403b as follows: Delete all references to " and replace with "Planning Commission". Delete all the following strike through wording and replace with the following underlined wording: cc ...fil... "...in writing 10 days from the date of the succeeding re lar City Council meeting at which it is determined whether or not to review the decision of the Planning Commission pursuant to Section 2-2.28 of the Municipal Code." Amend Section 1409 as follows: Delete all references to Board of Zoning Adjustment. Delete all the following strike through wording and replace with the following underlined wording: « 1�...» "...from the date of the succeeding City Council meeting at which it is determined whether or not to review the decision of the Planning Commission pursuant to Section 2-2.28 of the Municipal Code..." Amend Section 1435 as follows: Delete all the strike through wording and replace with the underlined wording: "...from the date of the succeeding City Council meeting at which it is determined whether or not to review the decision of the Planning Commission pursuant to Section 2-2.28 of the Municipal Code." 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 14th day of December, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Aon ,-,-� ENT of the City I• / . X111 . l � �I' � �• i� / and MAYOR of the City of Hermosa Beach, F11 APPROVED AS TO FORM: CITY A STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 95-1145 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 12th day of December, 1995, and was published in the Easy Reader newspaper on December 21, 1995. The vote was as follows: N%00/ AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT: None ABSTAIN: None DATED: December 211 1995 Deputy City Clerk `.