Bell Gardens City Zoning Code

Submission of an Application. Any person desiring a variance or conditional use permit required by or provided for in this title may file an application or petition therefor with the planning commission. However, the planning commission, except in the case of a cemetery, may not accept any application requesting a variance or conditional use permit for the same use, or substantially the same use, in any case where the city council or the commission has taken a final action on a previous application within six months prior thereto, unless the applicant can show changed conditions and the planning commission agrees to accept the application on the basis of said changed conditions. In the case of a cemetery, no new or further applications shall be made, or accepted, to establish or extend a cemetery upon the same premises, or any portion thereof, as described in such previous applications, until the expiration of one year from and after the date of the denial.

Processing of Applications. Upon receipt of an application for a variance or conditional use permit, or at the request of the commission or city council, the planning commission shall set a date for a hearing and shall give notice as provided in Chapter 9.54 BGMC, Public Noticing Requirements/Procedures. In the case of an application for a cemetery, such hearing shall be not less than 30 days nor more than 60 days from the date on which the application is filed. If more than one hearing is held, only the first hearing need be held within 60 days from said date of application.

Hearing by Commission. If the commission itself holds a hearing, from the evidence introduced at such hearing the commission shall make findings and shall take such action as, in its opinion, is indicated by such evidence.

Name and address of the applicant and of all persons owning any or all of the property proposed to be used.

Evidence that the applicant:

Location of subject property (address or vicinity).

Legal description of the property involved.

The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used.

Indicate the nature, condition and development of adjacent uses, buildings and structures and the effect the proposed use may have on said uses, buildings and structures.

Show cause why the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, and will not be materially detrimental to the property of other persons located in the vicinity of the site of the proposed use.

On an application for a variance, the applicant shall in addition offer evidence to substitute the basis for approval as provided in BGMC § 9.50.050, Basis for approval or denial of a conditional use permit.

Provide a site plan indicating the area and dimensions of the proposed site for the requested use, and the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features.

Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use.

Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances.

With each application, the applicant shall also file:

All of the information, maps, and lists as provided in BGMC § 9.50.030, Application for a variance or conditional use permit.

In addition to the information in subsection (A) of this section, said maps shall contain:

The names and addresses of the officers and directors of the corporation that will be in charge of the operation of the cemetery.

The president and secretary of the corporation which will be in charge of the operation of the proposed cemetery, and the owner of the land to be included therein shall sign the application. Such persons shall also verify the application as provided by the Code of Civil Procedures of the state of California for the verification of pleadings in civil actions.

A financial statement of the applicant showing the financial ability of the applicant to establish, care for, and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance.

A statement setting forth whether the said cemetery is to be established as an endowment care or non-endowment care cemetery, and if an endowment care fund is to be or has been created, the amount then on hand and the method, scheme or plan of continuing and adding to the same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance.

In making such determination, the commission shall find that the proposed use is in general accord with the following principles and standards:

Conditions imposed by the commission for a conditional use may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:

If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a conditional use permit, and the proposed use will not be provided with a water supply which will comply with the provisions of the city fire code, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of this section. If the water appeals board or city fire chief grants a variance pursuant to the provisions of the city fire code, permitting the proposed use with the existing or proposed water supply, this subsection shall not apply.

Any conditions attached to the approval of a conditional use permit shall not result in the dedication of land for any purpose not reasonably related to the use of such property for which the conditional use permit is being requested.

The posting of a bond to guarantee installation of public improvements shall not be required unless it is reasonably related to the use of the property for which the conditional use permit is being requested.

In making such determination, the commission shall find that the proposed variance is in general accord with all of the following principles and standards:

Conditions imposed by the commission for a variance may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use, or any use permitted in the same zone without a variance, and the proposed use will not be provided with a water supply which will comply with the provisions of the city fire code, such facts shall be prima facie evidence that:

Any conditions attached to the approval of a variance shall not result in the dedication of land for any purpose not reasonably related to the use of such property for which the variance is being requested.

The posting of a bond to guarantee installation of public improvements shall not be required unless it is reasonably related to the use of the property for which the variance is being requested.

The commission shall notify the applicant for a variance or conditional use permit of the action taken on his application.

Said notification of the action by the commission shall be made either by serving a notice in the manner required by law for the service of a summons, or by mailing of a written notice using registered or certified mail, postage prepaid, with a return receipt requested.

If a bond is filed, it shall insure all persons against any injury or annoyance arising from the breach of said conditions by including all such persons as obligees.

If money or savings and loan certificates or shares are deposited, the depositor shall also file an agreement in writing with the city clerk that the city may satisfy in whole or in part from such money or savings and loan certificates or shares deposited and assigned any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance.

The commission may consider extending the expiration date of any variance or conditional use permit for a period not to exceed one year, provided an application requesting the extension is submitted to the community development director prior to the expiration date.

Where the commission has approved a proposal to acquire land for a governmental enterprise and has approved a variance or conditional use permit therefor, no time limit shall apply to utilization of said permit; provided, that:

Name and address of the applicant.

Evidence that the applicant:

Location of subject property (address or vicinity).

Legal description of the property involved.

Zone or zones requested.

With each application, the applicant shall also file:

Indicate the conditions that warrant the change of zone.

If the change of zone, as requested, will permit any uses prohibited by the existing zoning, indicate if change of zone will result in a need for a greater water supply for adequate fire protection and what are the existing and proposed sources of such an adequate water supply.

Other information as the commission may require.

Requests for reasonable accommodation shall be submitted in writing to the department of community development on a form approved by the director of community development, along with any other required information. A fee shall not be required for a reasonable accommodation request, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the discretionary permit. An application for reasonable accommodation shall include all of the following:

If the project for which the request for reasonable accommodation is being made also requires another discretionary approval under this title (including but not limited to a Type 3 site plan review, conditional use permit, variance, zone change, general plan amendment, or subdivision map), the application shall be submitted and reviewed at the same time as the other related applications.

If an application under this chapter is filed without any accompanying application for another approval, permit or entitlement under this title, it shall be heard and acted upon by the director of community development within 30 days of the application being deemed complete. Pursuant to the findings established in BGMC § 9.53.050, the director may approve, approve subject to conditions, or deny the application. If additional information is requested pursuant to BGMC § 9.53.020(A)(10) the application shall be deemed incomplete and the 30-day review period shall be suspended until the applicant complies with the request for additional information in a manner satisfactory to the director of community development.

If an application under this chapter is filed with an application for another approval, permit or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as such other application, and shall be subject to all of the same procedures.

A written decision to approve or conditionally approve an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (A) of this section.

Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of the approval or at an alternative time specified as a condition of approval unless:

The director of community development may approve a time extension for a reasonable accommodation for good cause for a period not to exceed three years. An application for a time extension shall be submitted in writing to the director of community development no less than 30 calendar days prior to the expiration date of the approval.

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the disabled persons vacate the premises, the reasonable accommodation shall remain in effect only if the director determines that:

The director of community development may, at any reasonable time, request in writing the applicant or his/her successor in interest to the property to provide documentation demonstrating that the reasonable accommodation remains necessary to ensure the equal use and enjoyment of the property by a disabled person and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the director's request shall constitute grounds for enforcement by the city of a discontinuance of a previously approved reasonable accommodation.

Cause a copy of such notice to be published once in a newspaper of general circulation in the city.

Cause such notice to be mailed by first class mail, postage prepaid, to the applicant for a variance or conditional use permit and to all persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use permit or, in the case of a zone change, from the exterior boundaries of the property for which a petition for change of zone is filed, and to such other persons whose property might, in their judgment, be affected by the establishment of the use or zone requested.

If the commission finds that the publication and mailing of notices prescribed elsewhere in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.

Cause such notice to be sent to those public officers, departments, bureaus or agencies as determined by the commission to be appropriate.

Cause such notice to be posted in the Bell Gardens City Hall, Ross Hall Auditorium, and public works department.

Cause a copy of such notice to be published in a newspaper of general circulation in the city, commencing not more than 30 days nor less than 10 days prior to the date of hearing, not less than:

Not less than 20 days before the date fixed for the hearing, the commission shall cause notices of said hearing to be conspicuously posted along the exterior boundary line of the proposed cemetery, or extension of an existing cemetery, at positions not more than 300 feet apart and at each change of direction of said boundary line. Notice shall also be located in the same manner along both sides of all public streets or highways within one and one-half miles of such exterior boundaries, in such manner as will reasonably give notice to passersby of the matters contained in such notice. The notices referred to in this subsection shall contain a copy of the notice of hearing, a sketch showing the boundaries of the proposed cemetery or extension of an existing cemetery, all public streets and highways within a distance of one and one-half miles of such exterior boundaries and a statement in black-face letters not less than one inch high: "Notice of Proposal to Establish Cemetery."

Where there are 50 or more buildings used either for residence or business purposes within a distance of one and one-half miles from such exterior boundaries, the commission shall cause notices of said hearing to be mailed by first class mail, postage prepaid, not less than 15 days prior to such hearing, to all persons whose names and addresses appear on the assessment roll of the county of Los Angeles as owning property within said distance.

Cause a notice to be sent to such public officers, departments, bureaus or agencies as determined by the commission to be appropriate.

Provide notification as prescribed in BGMC § 9.54.010, Notice of public hearing on applications or petitions for a zone change, variance or conditional use permit.

Also serve upon the owner of the premises involved, and to such other persons known to the commission as having any right, title or interest in the property, written notice of such hearing, either in the manner required by law for the service of summons, or by registered or certified mail, return receipt requested.

Site plan review is required for new construction projects in order to provide visual and factual documentation to determine compliance with the requirements of BGMC Title 9, Zoning and Planning Regulations. Site plan review establishes the physical layout, design or use of a lot or parcel of land, buildings or structures and contains information sufficient to substantiate and corroborate facts and testimony vital to the administration of this title.

Site plan review is required for the following types of projects:

SPR (Type 1). A Type 1 site plan review is required for projects considered small in scale and may be approved after a ministerial review by the director. Examples of projects requiring an SPR Type 1 are as follows:

Application and Review.

Appeal. The action of the director on a Type 1 site plan review may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 BGMC, Appeals.

Expiration. A Type 1 SPR approval, and all rights thereunder, shall terminate and become null and void within 12 months of the effective date of the approval by the director or planning commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of the plans for plan check review. The director may consider extending the expiration date of any Type 1 SPR for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date.

SPR (Type 2). A Type 2 site plan review is required for projects considered midsize in scale and may be approved after a ministerial review by the director. Examples of projects requiring an SPR Type 2 are as follows:

Application and Review.

Appeal. The action of the director on a Type 2 site plan review may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 BGMC, Appeals.

Expiration. A Type 2 SPR approval, and all rights thereunder, shall terminate and become null and void within 12 months of the effective date of the approval by the director or planning commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of the plans for plan check review. The director may consider extending the expiration date of any Type 2 SPR for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date.

SPR (Type 3). A Type 3 site plan review is subject to discretionary review by the planning commission. A Type 3 site plan review is required for the following types of projects:

Application and Review. Submittal of a site plan application is required for any use, development of land, structure, or building for which a Type 3 site plan review is required.

Contents of Application for Site Plan Review. An application for any Type 3 site plan review shall contain the following information:

Required Content of Plans. All site plan review proposals shall include plans containing the following:

Basis for Approval of Type 3 Site Plan Review. Approval or disapproval of any Type 3 site plan review shall be based upon the following findings:

Action upon Type 3 Site Plan Review. The planning commission, acting upon any Type 3 site plan review, shall either:

Notice of Action Taken on a Site Plan.

Appeal. Appeal of any action taken on a Type 3 site plan review by the planning commission may be appealed to the city council. Such appeal shall be filed within 15 days following notification and reviewed per the provisions of Chapter 9.60 BGMC, Appeals. The decision of the city council shall be final.

Expiration. A Type 3 SPR approval and all rights thereunder shall terminate and become null and void within 12 months of the effective date of the approval by the planning commission or city council under appeal unless otherwise conditioned and/or unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of the plans for plan check review. The planning commission may consider extending the expiration date of any Type 3 SPR for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date.

For purposes of this chapter, the following definitions shall apply:

Eligibility Criteria. If requested by the applicant, the city shall grant one density bonus to a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, when in accordance with this chapter the project is designed and constructed so that the development meets at least one of the following criteria:

Number of Incentives or Concessions. If requested by the applicant, a project which qualifies for a density bonus in accordance with the criteria set forth in BGMC § 9.59.030 shall receive the following number of incentives or concessions as identified by state law:

Density Bonus Allowance for Affordable Housing Development. A proposed housing development that meets at least one of the four criteria found in BGMC § 9.59.030 and satisfies all applicable provisions of this chapter shall be entitled to a density bonus. The density bonus shall consist of a minimum of five percent and a maximum of 35 percent combined increase in the maximum density allowed by the applicable general plan designation and zoning district as of the date of application. The applicant may elect to accept a lesser percentage of density bonus. Calculation of density bonuses shall be in accordance with the respective tables below. All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

Location of Affordable Units. The location of the designated density bonus dwelling units within the qualifying project shall be at the discretion of the review authority granting the density bonus with the goal to integrate the affordable units into the overall project. The designated dwelling units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the non-density bonus units, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and finish quality. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units, or phased in another sequence acceptable to the city. The review authority may authorize some or all of the designated density bonus dwelling units associated with one housing development to be produced and operated on an alternative development site, where it determines that the public interest would be more effectively served.

Land Transfer Requirements. In order to qualify for the granting of a density bonus for a land donation, all of the following requirements must be met:

Density Bonus Allowance for Land Donations. If an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city in compliance with requirements set forth in subsection (A) of this section, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density for the entire development. The bonus shall be increased by one-percent increments for every percentage of very low income units above 10 percent, up to a cap of 35 percent bonus.

Density Bonus for Child Care Facilities as Part of Affordable Housing Development. An applicant proposing to construct a housing development that consists of affordable units in compliance with this chapter and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the city shall grant either of the following if requested by the applicant:

Conditions for Eligibility. A proposed project shall be eligible for the density bonus or incentive or concession described in this section subject to the following conditions to be applied by the city to the approval of the housing development:

Parking Ratios. An applicant proposing a project that complies with one of the four criteria found in BGMC § 9.59.030 may request and is entitled to the parking ratios noted below. Parking may be provided through tandem parking or uncovered parking on the project site but not through on-street parking. If the total number of parking spaces required is other than a whole number, the number of parking spaces required shall be rounded up to the next whole number.

Eligible Projects. When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Health and Safety Code Section 50093, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Health and Safety Code Section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the city (1) a density bonus equivalent to an increase of 25 percent over the total number of apartment units to be provided within the existing structure or structures proposed for conversion, or (2) provide other incentives of equivalent financial value which may include the reduction or waiver of requirements which the city might otherwise require as conditions of approval of the conversion but are not to be construed to require the city to provide cash transfer payments or other monetary compensation. With the granting of a density bonus or other incentives of equivalent financial value the City may impose conditions as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

Ineligible Projects. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were granted under this chapter. Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums.

Application and Review. An application for a density bonus, incentive(s) or concession(s), and alternative parking standards shall be filed in a manner and on forms as required by the director of community development and upon payment of all appropriate application and filing fees as may be established by resolution by the city council. An application for a density bonus, incentive(s) or concession(s), and alternative parking standards shall be reviewed by the planning commission in conjunction with all other discretionary approvals as may be required by this title for implementation of the housing development. The planning commission shall grant the requested density bonus together with any requested incentive(s) or concession(s) for a project if the requests are found to be in compliance with all applicable sections of this chapter and state law, unless any one of the following written findings for denial of an incentive(s) or concession(s), based on substantial evidence, can be made:

Review of Projects Including a Child Care Facility. Any requested density bonus and concession or incentive for a project which includes a child care facility shall be granted pursuant to BGMC § 9.59.070 unless a finding for denial based upon substantial evidence can be made that the community has adequate child care facilities.

Additional Provisions. The planning commission may impose additional provisions to be included as part of an affordable housing covenant as required by BGMC § 9.59.120 for the purpose of ensuring the continued affordability of housing pursuant to this chapter. Such provisions are subject to review and approval by the city attorney.

Decision. Notice of the planning commission's decision on the request for a density bonus, incentive(s) or concession(s), and alternative parking standards shall be mailed within five days of the decision to the applicant. The granting of a request for a density bonus, incentive or concession, and alternative parking standards pursuant to this chapter shall not be effective until an affordable housing covenant has been recorded in compliance with BGMC § 9.59.120.

Appeal. The decision of the planning commission on the request for a density bonus, incentive(s) or concession(s) and alternative parking standards may be appealed to the city council in compliance with procedures set forth under Chapter 9.60 BGMC (Appeals).

Continued Affordability. All projects for which a density bonus, incentive(s) or concession(s), and alternative parking standards are granted shall maintain continued affordability of the affordable units in a housing development pursuant to state law as follows:

Judicial Proceedings. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of Government Code Section 65915, the court shall award the plaintiff reasonable attorney's fees and costs of suit. The city is not required to grant an incentive or concession that has a specific, adverse impact as defined in Government Code Section 65589.5, subdivision (d), paragraph (2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The city is not required to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.

Density Bonus Housing Agreement Required. The planning commission's, or city council's (on appeal) approval of a density bonus, incentives or concessions, and alternative parking standards shall be conditioned upon the execution by the applicant of a density bonus housing agreement approved by the director of community development and the city attorney. The director of community development is authorized to execute the density bonus agreement.

Density Bonus Housing Agreement Requirements. The density bonus housing agreement shall restrict the rental or sale of the required percentage of dwelling units in the housing development to persons of families of very low (or lower) or low and moderate income households, as applicable, for affordable housing developments, or to senior citizens for senior housing developments. The density bonus housing agreement shall be consistent with the following provisions:

Continued Affordability. In order to ensure the continued affordability of housing pursuant to this chapter, an affordable housing covenant shall be contained in the density bonus housing agreement with respect to the long-term affordability of designated affordable units in a housing development to include the following:

Execution of Covenant. Execution of an affordable housing covenant shall be as follows:

Within 15 days after director action on a discretionary or ministerial permit, any person dissatisfied with the action of the director may file with the city clerk an appeal in writing from such action upon depositing a filing fee established by city council resolution. The filing of such appeal within said time limit shall stay the effective date of the order of the director until such time as the planning commission has acted upon an appeal of the director as set forth herein.

Upon receipt of such appeal, the city clerk shall advise the secretary of the director and said secretary shall transmit to the city clerk the director's complete record of the case. Within 60 days following receipt of the written appeal, the planning commission shall conduct a public meeting to review the appeal. Upon the conclusion of the public meeting before the planning commission, the planning commission may affirm, reverse, or modify the decision of the original acting body.

In any case in which the planning commission sets the matter for review before itself, or receives the transcript or recording and all other evidence upon which the director made its decision, the planning commission decision on appeal need not be limited to the points appealed, but may cover all phases of the matter, including the addition or deletion of any condition. If the planning commission's decision on the appeal differs from that of the director the planning commission shall include written findings in its action.

Within 15 days after planning commission action on any application, permit, or appeal of a decision of the director pursuant to BGMC § 9.60.010, any person dissatisfied with the action of the planning commission may file with the city clerk an appeal in writing from such action upon depositing a filing fee established by city council resolution. The filing of such appeal within said time limit shall stay the effective date of the order of the planning commission until such time as the city council has acted on the appeal of the planning commission as set forth herein.

Upon receipt of such appeal, the city clerk shall advise the secretary of the planning commission and said secretary shall transmit to the city clerk the planning commission's complete record of the case. Within 60 days following receipt of the written appeal, the city council shall conduct a public hearing in such matter and notice of such hearing shall be given in the same manner as was required for the original approval or public hearing for the project, or shall conduct a public meeting in such matter and notice of such meeting shall be given in the same manner as required for the original approval by the director. Upon the conclusion of the public hearing or the public meeting as applicable before the city council, the city council may affirm, reverse, or modify the decision of the planning commission.

That such variance, conditional use permit or nonconforming use was obtained by fraud; or

That such variance, conditional use permit or nonconforming use is not being exercised; or

That such variance, conditional use permit or nonconforming use has ceased or has been suspended for one year or more; or

Except in the case of a dedicated cemetery, that any person making use of or relying upon such a variance, conditional use permit or nonconforming use:

Except in the case of a dedicated cemetery, that the variance, conditional use permit or nonconforming use is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance.

If any provision of said variance or conditional use permit is held or declared to be invalid, said variance or conditional use permit shall be void and all privileges granted thereunder shall lapse.

Nonconforming undeveloped lots may be developed with a structure; provided, that the structure complies with BGMC Title 6 and this title.

If any lot is adjacent to another lot of the same ownership, the lots shall be legally recorded as one lot, in accordance with the State of California Subdivision Map Act, prior to the issuance of a building permit for any construction on the undeveloped lot.

Nonconforming lots shall not be reduced in area or dimensions.

Nonconforming uses may not be changed to a different nonconforming use.

If a nonconforming use is discontinued for a period of six months or more, it shall not be re-established.

Structures that are considered nonconforming due to building setbacks, building heights, distances between buildings, parking, and California Building Code requirements shall not be subject to the expansion limitations described in subsections (B) and (C) of this section as long as the following conditions apply:

Nonconforming Residential Structures.

Nonconforming Nonresidential Structures.

Nonconforming Undeveloped Lots. If a nonconforming undeveloped lot is adjacent to another lot of the same ownership, the lots shall be legally recorded as one lot within five years from the effective date of the ordinance codified in this title. Upon the effective date of the ordinance codified in this title, the city shall provide written notification to all property owners that own adjacent undeveloped nonconforming lots of the impending five-year recordation. The written notification shall be recorded against the property with the Los Angeles County clerk.

Nonconforming Residential Uses and Structures. A nonconforming residential use or structure shall not be terminated, except for nonconforming mobile home parks. Nonconforming mobile home parks which are not listed as a conditionally permitted use in their respective zones, or are listed but do not have a current conditional use permit, shall be terminated within 40 years from the effective date of the ordinance or amendment thereto establishing the nonconforming status (i.e., 1995 general plan amendment). A property owner may apply in writing to the director of community development for a five-year extension with the approval of a conditional use permit. After the five-year extension has expired, a property owner may apply in writing to the director of community development for one more five-year extension with the approval of a conditional use permit. No additional extensions by conditional use permit may be granted unless the applicant demonstrates that refusal to grant additional time would constitute an unconstitutional taking of property.

Nonconforming Nonresidential Uses and Structures. A nonconforming nonresidential use or structure shall be terminated within 40 years from the effective date of the adoption of the ordinance codified in this title or any ordinance or amendment thereto establishing the nonconforming status (i.e., 1995 general plan amendment). A property owner may apply in writing to the director of community development for a five-year extension with the approval of a conditional use permit in accordance with Chapter 9.50 BGMC. After the five-year extension has expired, a property owner may apply in writing to the director of community development for one more five-year extension with the approval of a conditional use permit. No additional extensions by conditional use permit may be granted unless the applicant demonstrates that refusal to grant additional time would constitute an unconstitutional taking of property.

If any application or petition is withdrawn as provided in BGMC § 9.68.020, Procedure for withdrawal of an application or petition for a variance, conditional use permit or zone change, prior to publication of notice of hearing, or prior to action by the planning commission, the city shall refund the filing fee and all deposits, if any.

In any case where a deposit is required, if the actual cost of publication and/or posting of notice is more than the amount deposited by the applicant, such applicant shall pay the deficiency; if less, the balance of said deposit shall be refunded to the applicant.

In all other cases, there shall be no refund after the notice of hearing has been published.

All new residential development of more than five units, and all commercial, industrial, and public building development projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.

Including but not limited to exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than five units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this chapter when such remodeling has a valuation exceeding $250,000.

The following developments or modifications, alterations, and additions to the developments are exempt from this chapter:

These exemptions shall apply only as long as a valid building permit and the exempt use is maintained.

Requesting an Exception. When a project applicant seeks an exception from the requirements of this chapter, that project applicant shall:

Appeal. The action of the director on a Type 2 site plan review exception request may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 BGMC, Appeals.

Expiration. A Type 2 site plan review exception request approval, and all rights thereunder, shall terminate and become null and void within 12 months from the date of the approval by the director or planning commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of plans for plan check review. The director may consider extending the expiration date of any Type 2 site plan review exception request for a period not to exceed 12 months, provided an application requesting the extension is submitted to the director prior to the expiration date.

Artwork Allocation. The value of the placed and installed approved artwork shall be equal to a minimum of one percent of the total proposed development building valuation, in addition to any costs for the installation of the artwork.

In-Lieu Contribution. In lieu of placement of approved artwork, the project applicant may pay the art in public places fund an amount equal to one percent of the total proposed development building valuation.

Any money collected in accordance with the in-lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the "art in public places fund." The city manager or his/her designee shall establish accounting records sufficient to identify and control these funds.

Expenditure. The art in public places fund shall be used to provide works of art in public places in order to further the intent and purpose of this chapter as set forth in BGMC § 9.71.010. The expenditures of funds shall be limited to the following uses:

Return of in-lieu contributions shall be subject to the standards set forth in BGMC § 9.71.180.

If real property purchased with monies from the art in public places fund is subsequently sold, then the proceeds from the sale shall be returned to the art in public places fund.

Community development director.

Public works director.

Recreation and community services director.

Such other city officers, representatives of other public or private agencies that, in the opinion of the director, have an interest in placement of private places artwork.

A community member who, in the opinion of the director, has an interest in placement of private places artwork.

The director shall be the chair of the art in public places review committee.

If a project applicant elects to satisfy its obligations hereunder through the payment of an in-lieu contribution, identified in BGMC § 9.71.060(B), such payment shall be made prior to issuance of a building permit.

If a project applicant elects to satisfy its obligations hereunder through donation of an approved artwork, or installation of an approved artwork on private property, the artwork shall be approved, as provided herein, prior to issuance of a building permit.

Installation of approved artwork shall be completed prior to issuance of a final building permit.

Financial security in an amount equal to the acquisition and installation costs of any approved artwork, in a form approved by the director, must be posted prior to issuance of a final building permit.

Any approved donated artwork must be accepted by the city council prior to issuance of final building permit.

The developer shall record a covenant and an approved artwork maintenance agreement which provides for the length of time approved artwork must be displayed to the satisfaction of the director prior to issuance of a final building permit.

The replacement of an existing installed artwork with a new artwork must enter a new review and approval process prior to removal and installation of the existing artwork.

In the event that any artwork placed on the development as a result of the provisions of this chapter is removed or destroyed, developer shall, within 180 days of the removal or destruction, replace it with artwork which meets the requirements of this chapter and is equal to the removed/destroyed artwork's fair market value immediately prior to its removal or destruction.

Request. A request for the removal of any approved artwork shall be submitted to the art in public places review committee in a form of a letter for review and approval. If the removal request is approved, a building demolition permit shall be pulled with the building and safety division.

Approval. Approval of removal of artwork will be subject to the condition of the artwork and the required length of time indicated in the recorded covenant.

The artwork shall be displayed in an area that is open and freely accessible to the public for at least 10 hours each day or displayed in a manner which otherwise provides public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site. The Type 2 site plan review shall include a site plan showing the location of the artwork, complete with landscaping, lighting, and other appropriate accessories to complement and protect the artwork.

Installation of the artwork shall be planned and implemented to enhance the piece and allow for unobstructed viewing from as many angles as possible. Once the artwork has been installed the property owner shall not obstruct viewing of any or all of the pieces. Owner may temporarily obstruct the piece in order to maintain the piece during construction of the development.

The artwork shall be permanently affixed to the property.

The composition of the artwork shall be of a permanent type of material in order to be durable against vandalism, theft, and weather and requiring a low level of maintenance.

The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment.

The artwork shall be designed and constructed by an artist(s) experienced in the production of such artwork and recognized by critics and by the artist's peers as one who produces works of art.

The artist's qualifications will be reviewed by the art in public places review committee. There must be examples of past work, which can be documented. Solo and group exhibit records, records of the artist's work in public collections, art training, art education and printed critiques of past work would be helpful in providing documentation. Slides of similar work by the artist will be reviewed by the art in public places review committee. Verification of the purchase price of past works will serve to help validate the fair market price of the proposed commissioned artwork. The proposed artwork should be submitted in the form of a model whenever possible. Multiple view drawings and photographs are also acceptable.

Expressions of obvious bad taste or profanity, which would likely be offensive to the general public, are unacceptable in the opinion of the director.

Each piece of artwork shall be identified by a plaque at the site of an appropriate size and scale to the piece. The plaque shall be made of cast metal and then placed in a location near the art piece listing the title of the piece, the artist, and the date as well as the city.

Unless otherwise permitted in the sole discretion of the city council, the following items are not to be considered as works of art:

Application Procedures. A Type 2 site plan review application for placement of artwork on private property shall be submitted to the director pursuant to BGMC § 9.71.110 and shall include:

Approval.

Application Procedure. An application for acceptance of artwork to be donated to the city for placement on public property shall be submitted to the director or their designee and shall include the following information, at a minimum:

Review of Application.

The art in public places review committee may recommend to the city council the purchase of artwork to be displayed on public property, monetary support for the performing arts, support for outside art projects, and the purchase and improvement of real property to be used for the display of artwork. A recommendation shall include:

An expenditure from the art in public places fund may be made for the performing arts; provided, that the performance occurs at a location in the city or owned or controlled by the city.

All artwork placed on the site of a project applicant's project shall remain the project applicant's property; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the site's owner.

Maintenance of artwork, as used in this chapter, shall include, without limitation, preservation of the artwork in good condition to the satisfaction of the city, protection of the artwork against physical defacement, mutilation, or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city prosecutor pursuant to Chapter 1.16 BGMC. Prior to the issuance of a final building permit, the project applicant and owner of the site shall execute and record a covenant in a form approved by the city for maintenance of the artwork. Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance.

In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the city may perform all necessary repairs, maintenance, or secure insurance, and the costs therefor shall become a lien against the real property.

All artwork donated to the city shall become the property of the city upon acceptance by the city council.

The architect shall be substantially recognized by the art world in shows, museums, and/or publications.

When reviewing architecture as art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.

In the alternative, architecture can be considered art if it is created as a collaborative effort with an artist, the artist does the majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale and sculpture.

The architecture must meet all the general criteria regarding the placement of artwork on private property as defined in BGMC § 9.71.110.

A developer must make two presentations to the art in public places review committee:

The developer and architect shall demonstrate that there will be high-quality materials and craftsmanship used in the execution of the construction.

If all of the foregoing criteria are met, the art in public places review committee shall make the recommendation to the city council to accept the architecture as art only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the city.

The developer and/or architect shall be responsible for demonstrating that all of the foregoing criteria are met.

In-lieu contributions paid into the art in public places fund that are not committed within 10 years from the date of payment may be returned to the current owner of the development project with all interest actually earned thereon if a written request for return is filed with the department of finance and administrative services during the tenth year after payment and refund of the fees is approved by the city council. The request for return shall be verified and shall include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the project applicant is the payer of the fees and/or the current owner of the development project.

The city council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the city council determines any one of the following applies:

Expenditure of fees shall be subject to the standards set forth in BGMC § 9.71.070.