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ORDINANCE 306Einformation to be provided in the application by the petitioner. No petition shall be received unless it complies with such re- quirements. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of El Segundo. Petitions or applications filed pursuant to this ordinance shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Planning Commission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with affidavits of posting, mailing or publication pertaining thereto. A fee of Twenty -five ($25.00) dollars shall be paid upon the filing of each petition provided for in Sections 13 and 14, for the purpose of defraying the expense of postage, posting, advertising and other costs incidental to the proceedings prescribed herein. A written receipt shall be issued to the person making such payment and records of such payments and ex- penditures thereof shall be kept in such manner as prescribed by law. NOTICES: All proposals for amending zone boundaries or classification of property uses within such zones as are defined by this ordinance, or for the granting of variances as provided in Section 13 hereof, shall be set for public hearing by the Secretary of the Planning Commission, the date of the first of which hearings shall be not less than ten (10) days nor more than thirty -five (35) days from the time of filing of such verified petition or of the adoption of such resolution, or the EM 1 999 making of such motion; provided, however, that not more than one hearing shall be required for the purpose of considering the granting of a variance. Notice of the time and place of such hearings shall be published once in a newspaper of general circulation in the city, and by posting, or mailing, or both, in the following manner, both methods to be used unless otherwise directed by the Planning Com- mission: 1. Posting in front of the property under considera- tion, not less than ten (10) days prior to the date of the first of such hearings, a notice consisting of the words "NOTICE OF PROPOSED CHANrE OF ZOPTE BOUNDARIES OR CLASSIFICATION" or "NOTICE OF PROPOSED VARIANCE ", as the case may be, printed in plain type with letters of not less than one inch in height and a statement in six or eight point type setting forth a description of the property under consideration, the nature of the proposed change, and the time and place at which a public hearing or hearings on the matter will be held. If more than one parcel of property is involved, then notices shall be posted not more than one hundred (100) feet apart on each side of the street upon which said pro- perty fronts for a distance of not less than three hundred (300) feet in each direction from said property. 2. Mailing a postal card notice not less than ten (10) days prior to the date of the first of such hearings to the owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property to be changed, using for this purpose the last known name and address of such owners as shown upon the assessment roll of this County. Such notice shall contain the same information as is required in a posted notice as above described. INVESTI SATIONS. The Planning Commission shall cause to be made by itg own members, or members of its staff, such investi- -46- J gation of facts bearing upon such application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this ordinance and with previous amendments or variances. HEARINGS. Public hearings as provided in this Section shall be conducted before the Planning Commission, or before any member thereof designated by the Commission so to serve. The Com- mission may establish its own rules for the conduct of public hearings and the member of the Commission presiding at such hearing is hereby empowered to administer oaths to any person testifying before it. Summary of all pertinent testimony offered at a public hearing and the names of persons so testifying shall be recorded and made a part of the permanent files of the case. If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearings will be continued and such announcement shall serve as sufficient notice of such continuance and without recourse to the form of public notice as provided for in the first instance by this Section. Upon the completion of a public hearing, the Planning Commission shall, not later than thirty -five (35) days thereafter, render its decision an the matter so heard. Failure to so act within said thirty -five (35) days shall serve to auto- matically and immediately refer the whole matter to the City Council for such action as it deems warranted under the circum- stances. In the event of such failure on the part of the Planning Commission to act, the Secretary of the Planning Commission shall immediately deliver to the City Council all the records of the matter involved. -47- #f('.`;'O01_ The Planning Commission shall announce and record its action by formal resolution and, such resolution shall recite the findings of the Planning Commission upon which it bases its decision. Not later than ten (10) days after final action by the Planning Commission on an application for a variance, notice of the decision in the matter shall be mailed to the applicant at the address shown upon the application. The decision of the Planning Commission in administrative matters of granting or denying the variance as provided in Para- graph I of Section 13 shall be final. In the case of a variance granted under the limitations of Paragraph II of Section 13, the following procedures shall govern: (a) Not later than ten (10) days after final action by the Planning Commission on an application for a variance upon which the action of the Planning Commission can only be advisory, the Secretary of the Planning Commission shall forward to the City Council a copy of the resolution setting forth the findings and recommendations of the Planning Commission. (b) Not later than twenty (20) days after the final action by the Planning Commission on an application, an appeal may be filed, in writing, with the City Council. (c) If an appeal from the action of the Planning Commission is filed with the City Council within the time prescribed, the City Council shall set the matter for hearing in the same manner as required in connection with hearings on variances before the Planning Commission.. The Secretary of the Planning Commission shall also be notified of the filing of such appeal, and upon the receipt of such notice shall transmit to the City Council the complete file of the case. (d) Not later than ten (10) days after the final action on such appeal by the City Council, notice of the -48- 010102 s� decision in the matter shall be mailed to the appellant and the file in the case shall be returned to the archives of the Planning Commission. The decision of the City Council on such matters of appeal shall be final. (e) If no appeal from the adtion of the Planning Commission is filed with the City Council as herein provided, the City Council shall, within not more than thirty (30) days following receipt of the resolution and recommendation from the Planning Commission, consider the matters contained therein. If the action of the City Council is to disapprove the recommendations, such decision shall be final. The decision of the Planning Commission in the legislative matter of amending zone boundaries or use classifications or other matters established by this ordinance shall be advisory only. If an application involving an amendment be approved, then not later than ten (10) days after final action by the Planning Commission thereon, its recommendation, together with the com- plete records of the case shall be delivered to the City Council. After the City Council has acted, the records of the case shall be returned for permanent filing in the records of the Planning Commission. Not more than ten (10) days after action by the Planning Commission the applicant shall be notified by mail of the Commission's decision. SECTION 16: INTERPRETATION - PURPOSE - CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the mini -mum, requirements for the promotion of the public health, safety, comfort, con- venience and general welfare. It is not intended by this ordin- ance to interfere with or abrogate or annul any easement, cove- nant or other agreement between parties. Where this ordinance imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regu- -49- 200 lations or by easements, covenants or agreements, the provisions of this ordinance shall control. SECTION 17: PER IITS - LIMMSES - COMPLIANCE All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provisions of this ordinance. No such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this ordinance shall be issued. Any such license or permit, if issued in con- flict with the provisions hereof, shall be null and void. No premises shall be occupied or used and no building hereafter erected or altered shall be occupied or used until a certificate of compliance shall have been issued by the Secretary of the Planning Commission, provided such certification of com- pliance shall be required only within those areas mapped under the provisions of this ordinance. SECTION 18: PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred (A300) Dollars or by imprison- ment in the County Jail for a period of not more than Ninety (90) days, or both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance. SECTION 19: That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the E1 Segundo Herald, a weekly newspaper -50- printed, published and circulated in the said City of El Segundo, and hereby designated for that purpose. SECTION 20: That this ordinance shall take effect from and after thirty (30) days after the date of the final passage and adoption thereof. SECTION 21: That Ordinance No. 299 and all ordinances amendatory of said Ordinance No. 299 are hereby repealed, as are also all other ordinances and parts of ordinances of the City of E1 Segundo in so far as same conflict with the provisions of this ordinance. Passed, approved and adopted this 22nd day of January, A. D., 1947. Mayor of the City oX47Segundo, ATTFSST: Victor D. McCarthy, City Clerk. By. Deputy. (SEAL) -51- California, a 14 . STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES,) SS. CITY OF EL SEGUNDO. ) I, Victor D. McCarthy, City Clerk of the City of El »01, Segundo, California, do hereby certify that the whole 159 number of members of the City Council of the said city is five; that the foregoing ordinance, being Ordinance No. 306, was duly passed and adopted b,, the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 22nd day of January :r 1947, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson, Skelley, Thompson and :Mayor Selby ; NOES: Councilmen None ; ABSENT: Councilmen None °' Victor D. McCarthy, 1.6 City Clerk of the City of E1 Segundo, California. By �L, —d-i-). �SZAL) Deputy. -'jd r �ef -52- STATE OF CALIFORNIA, ) COUNTY OF LOS ANDES,) CITY OF EL SEGUNDO. ) CLERK'S CERTIFICATE SS. I, Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said Citjr is five; that the foregoing ordinance, being Ordinance No. 306 , is a full, true and correct original of Ordinance No.306 of the said City of El. Segundo, California, entitled: "AN ORDINANCE ESTABLISHING ZONES WITHIN THE CITY OF EL SEGUNDO AND ESTABLISHING CLASSIFI- CATION OF LAND USES AND REGULATING SUCH LAND USES IN SUCH ZONES; REGULATING THE HEIGHT OF BUILDINGS, AND OPEN SPACES FOR LIGHT AND VENTILATION; ADOPTING A MAP OF SAID ZONES; DEFINING THE TERMS USED IN SAID ORDINANCE; PROVIDING FOR THE ADJUSTMENT, AMENDRENT AND ENFORCEMENT THEREOF; PRESCRIBIN PENALTIES FOR ITS VIOLATION,,, which was dul y and signed by of said City, on the 22nd so passed and AYES: NOES: ABSENT: passed and adopted by the said City Council, approved the Mayor of said city, and attested by the City Clerk all at a regular meeting of the said Council held day of January , 1947, and that the same was adopted by the following vote: Councilmen Baker, Peterson, Skelley, Thompson and Mayor Selby ; Councilmen None 3 Councilmen None I do hereby further certify that pursuant to the provisions of Section 878 of Act 5233 of the General Laws of the State of California (Deering 1923 Edition) as amended to date, that the foregoing Ordinance No. 306 was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said city, and that the same was so published therein on the following date, to -wit: January 30, 1947 WITNESS my hand and the seal of said City this 31st day of January 1947. Victor D. McCarthy, City Clerk of the City of El Segundo, (SEAL) California. By Deputy. 0 -53- X907 i