CC - Item III.B - Ordinanince Of the City Council Amending Section 17.124.070staf epor
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER mo t`
C.OUMCIL > GE *'�DA
S E P 122000
DATE: SEPTEMBER 6, 2000
SUBJECT: ORDINANCE NO. 814 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD AMENDING SECTION 17.124.070 OF THE
ROSEMEAD MUNICIPAL CODE, REVISING APPEAL PROCEDURES
OF PLANNING COMMISSION DECISIONS ON VARIANCE AND
CONDITIONAL USE PERMIT ENTITLEMENTS
This item as proposed would change the appeal procedures pertaining to the filing of fees for the
appeal of decisions made by the Planning Commission. The specific municipal code section
addresses appeals to Planning Commission decisions on applications for variance and conditional
use permit entitlements. As a result of this ordinance, the fees for City Councilmembers to app eal
a decision would be waived.
The appeal fee is currently set by Council resolution at $300 plus $37.50 for the public hearing
notice to be published in the local newspaper. This fee will continue in effect for any other
appellant other than a Councilmember.
RECOMMENDATION
Staff recommends that the City Council introduce and place Ordinance No. 814 on first reading,
and schedule the item for a second reading at the meeting of September 26, 2000.
Attachments:
1. Draft Ordinance No. 814
ITEM No. 1 d
ORDINANCE NO. 814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING ORDINANCE NO. 814, AMENDING SECTION 17.124.070 OF THE
ROSEMEAD MUNICIPAL CODE REVISING APPEAL PROCEDURES OF PLANNING
COMMISSION DECISIONS ON VARIANCE AND CONDITIONAL USE PERMIT
ENTITLEMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1 : Rosemead Municipal Code section 17.124.070 is hereby amended to read as
follows:
17.124.070 Appeal - Council action
The granting, either with or without conditions, or the denial of such application for variance
or conditional use permit, by the Planning Commission, shall be final unless within ten days
after the decision by the Planning Commission, the applicant, any member of the City Council
or any other person aggrieved by such decision, shall appeal therefrom in writing to the City
Council by filing such appeal with the City Clerk, stating the grounds for such appeal and
wherein the Planning Commission failed to conform to the requirements of this title. Except
in the case of an appeal filed by a member of the CitV Council, the appeal shall be
accompanied by an appeal fee in the amount set by City Council resolution.
At its next regular meeting after the filing of such appeal, or in the case of application for a
zone change, after the receipt of the Planning Commission's recommendation, the City
Council shall set a date for a hearing thereon. The manner of setting the hearing, giving of
notice and conducting the hearing shall be the same as hereinabove prescribed for hearing by
the Planning Commission; except that notice shall be mailed to the members of the City
Council instead of the Planning Commission.
The decision of the Planning Commission with respect to a variance or conditional use permit
may be affirmed, modified, reversed or transmitted back to the Planning Commission for
further study. The City Council may approve or disapprove the recommendation of the
Planning Commission with respect to an application for zone change, but shall not make any
change therein until the proposed change has been referred to the Planning Commission for a .
report and a copy of its report has been filed with the City Council. (Prior code § 9186.6)
Section 2. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED THIS 26 DAY OF SEPTEMBER, 2000.
Mayor
ATTEST:
CITY CLERK