The commission may hear and act upon a variance or conditional use permit as provided herein and pursuant to Title 7 of the Government Code (Planning Law). (Ord. 806 § 1, 2007).

A. 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.

B. 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.

C. 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. (Ord. 806 § 1, 2007).

A person applying for a variance or conditional use permit for other than a cemetery shall submit an application containing the following information and such other information as is requested by the commission or its authorized representatives. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The planning commission may reject any application that does not supply the information requested herein:

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

B. Evidence that the applicant:

1. Is the owner of the premises involved; or

2. Has written permission of the owner or owners to make such application; or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or

4. In the case of a public agency, is negotiating to acquire a portion of the premises involved.

C. Location of subject property (address or vicinity).

D. Legal description of the property involved.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

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

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

L. With each application, the applicant shall also file:

1. Ten copies of a map, drawn to a scale specified by the planning commission, showing the location of all property included in the request, the location of all highways, streets, and alleys and the location and dimensions of all lots or parcels of land within a distance of 500 feet from the exterior boundaries of such proposed use.

2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 500-foot radius.

3. A notarized list of the names and addresses of all persons who are shown 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. One copy of said map shall indicate where such ownerships are located.

4. If the planning commission finds that the proposed use will require for adequate fire protection a greater water supply than does the existing use or any principal permitted use in the same zone without either a variance or conditional use permit, proof satisfactory to the planning commission that water will be available in quantities and pressures required by the fire code. The planning commission may accept as such proof a certificate from the person who is to supply water that he can supply water as required by the fire code, also stating the amount and pressure, which certificate also shall be signed by the fire chief, or certificate from the city engineer that such water will be available.

5. The planning commission may waive the filing of one or more of the above items. (Ord. 806 § 1, 2007).

An applicant for a variance or conditional use permit for a cemetery or extension of an existing cemetery shall submit an application containing the following information, and such other information as is requested by the commission or its authorized representatives. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. The commission may reject any application that does not supply the information requested herein:

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

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

1. The location and depth of all wells in said area from which domestic or irrigating water is obtained.

2. The location and names of all public streets or highways located within a distance of one and one-half miles from the exterior boundaries of said premises. If, however, no public streets or highways are located within said distance, then the map shall show the location, and at least one-half mile of the length, of the three public streets or highways having an extent of at least one-half mile which are located nearest to said premises.

3. The elevation in feet above sea level of the highest and lowest points on said premises.

4. The width, depth and location of all natural watercourses and all artificial drains or conduits for the drainage of stormwater located upon said premises or within 2,000 feet of the exterior boundary thereof in any direction.

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

D. 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.

E. 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.

F. 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. (Ord. 806 § 1, 2007).

The commission shall consider applications for a conditional use permit and may approve with such conditions as are deemed necessary a conditional use which will not jeopardize, adversely affect, endanger or otherwise constitute a nuisance to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.

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

1. The use shall not be in substantial conflict with the general plan for the area and shall comply with the standards of this title unless appropriate findings for a variance can be made.

2. The use shall not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare.

3. The site for a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as required by the commission as a condition in order to integrate said use with the uses in the neighborhood.

4. The site for the use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.

5. The site is served by the required utilities, including electricity, and water supply of qualities and pressures required by the fire codes to provide adequate fire protection.

6. For alcoholic beverage uses only: The public interest, convenience, and necessity require that the use be approved at the subject location.

B. 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:

1. Special yards, open spaces and buffer areas.

2. Fences and walls.

3. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.

4. Street and highway dedications and improvements, including sidewalks, curbs and gutters.

5. Water supply and fire protection in accordance with the provisions of the city fire code.

6. Landscaping and maintenance of grounds.

7. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.

8. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.

9. Regulation of signs, including outdoor advertising.

10. A specified validation period limiting the time in which development may begin.

11. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date.

12. A site plan indicating all details and data as prescribed in this title, subject to the provisions of Chapter 9.58 BGMC, Site Plan Review.

13. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this title.

C. 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.

D. 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.

E. 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. (Ord. 806 § 1, 2007).

The commission shall consider applications for a variance, and the commission may grant a variance, with such conditions as are deemed necessary to protect the public health, safety, and general welfare.

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

1. That the variance is necessary for the preservation of a substantial property right of the owners, and that such variance will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity thereof;

2. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, in which the strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

3. That the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;

4. That the variance shall not be granted for a parcel or property that authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property; and

5. That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title; and in granting such variance, the spirit of this title will be observed, public safety will be secured, and substantial justice will be done.

B. 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:

1. Granting a variance for a limited time only.

2. Granting for a limited time only, an expansion or extension of a previously granted variance or a nonconforming use, on condition that at the end of such time such prior variance or nonconforming use shall also terminate and the property shall thereafter be used for such purposes as are permitted in the zone in which such property is located.

3. That certain uses, whether authorized by the variance or legal without such variance, be confined to designated portions of the property or to designated days, or designated times in a day.

4. That certain uses, even if lawful without the granting of the variance, be not made of the property.

5. That certain uses, whether lawful without the granting of the variance or authorized by the variance, be not made of the property unless and until certain conditions exist.

C. 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:

1. Public safety will not be secured.

2. Such use will be materially detrimental to the public welfare and to the property of other persons located in the vicinity thereof. If the 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.

D. 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.

E. 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. (Ord. 880 § 2, 2016; Ord. 806 § 1, 2007).

The commission or the city council may, after one or more hearings on a change of zone or on an amendment of any other ordinance, grant a conditional use permit or variance, if the evidence, in the opinion of the commission or city council, shows facts which by the provisions of this title entitle any person to said conditional use permit or variance. (Ord. 806 § 1, 2007).

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

B. 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. (Ord. 806 § 1, 2007).

An order by the commission granting or denying a variance or conditional use permit shall become final and effective 15 calendar days after final action by the planning commission on a case, provided no appeal of the action taken has been filed with the city clerk within the said 15 days. (Ord. 806 § 1, 2007).

A variance or conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 806 § 1, 2007).

A modification of an approved variance or conditional use permit shall be reviewed in the same manner as a new variance or conditional use permit application if conditions are proposed to be amended or the application is deemed by the community development director as an intensification of the originally approved use. (Ord. 806 § 1, 2007).

A variance or conditional use permit for a cemetery granted by the commission shall not be assignable prior to the actual establishment of such cemetery, nor shall such variance or conditional use permit be used by any person other than the applicant. (Ord. 806 § 1, 2007).

Whenever the commission or city council grants or modifies a variance or conditional use permit and the grant or modification of said variance or conditional use permit is subject to one or more conditions, the commission or city council, as the case may be, may require that the applicant, or the owner of the property to which such variance or conditional use permit applies, file with the city clerk a surety bond, a corporate surety bond, a deposit of money, or savings and loan certificates or shares in an amount prescribed and for the purpose of guaranteeing the faithful performance of said conditions. (Ord. 806 § 1, 2007).

Any person required to guarantee the faithful performance of imposed conditions as provided herein shall file with the city clerk a surety bond or corporate surety bond, or shall assign to the city savings and loan certificates or shares equal to the amount prescribed in the grant or modification of a variance or conditional use permit. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of the administrative code of the city. (Ord. 806 § 1, 2007).

Where, pursuant to this title, the filing of a bond or the deposit of cash or savings and loan certificates or shares is required to insure compliance with any condition of a variance or conditional use permit, the commission or city council may also require that the applicant or owners of the property to which such variance or conditional use permit applies either file a policy of insurance equal to the amount of the required bond or deposit of savings and loan certificates or shares, insuring all persons against any injury or annoyance arising from the breach of said conditions, or:

A. 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.

B. 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. (Ord. 806 § 1, 2007).

A variance or conditional use permit which is not used within the time specified in said permit or, if no time is specified, within one year after the granting of said permit becomes null and void and of no effect, except that:

A. 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.

B. 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:

1. Within one year of the date of such approval, the governmental agency either acquires the property involved or commences legal proceedings for its acquisition;

2. Immediately after the acquisition of or the commencement of legal proceedings for the acquisition of the property, the governmental agency places signs, each with a surface area of not less than 20 square feet but not more than 40 square feet, on the property so that there shall be one sign facing each street or highway bordering the property, with the sign located within 50 feet of said street or highway. Where the property in question is not bounded by any street or highway, the applicant shall erect one sign facing the street or highway nearest the property. Each such sign shall indicate the ownership of the property and the purpose to which it is to be developed; and

3. The governmental agency maintains said signs on the property and in good condition until such time as the variance or conditional use permit privileges are utilized. (Ord. 806 § 1, 2007).

A variance or conditional use permit shall cease to be of any force and effect if the use has ceased, or has been suspended for a consecutive period of one or more years, except in the case of a quarry, rock crushing plant or other apparatus for the manufacture or production of quarried material, if from the cessation of use the outer boundaries of the premises have been continuously posted as provided in BGMC 9.50.160(B)(3), expiration time of a variance or conditional use permit. (Ord. 806 § 1, 2007).

Neither the provisions of this title nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private. (Ord. 806 § 1, 2007).

Unless specifically modified by a conditional use permit or variance, all regulations prescribed in the zone in which such conditional use permit or variance is granted shall apply. (Ord. 806 § 1, 2007).

Any person may file a petition for a change of zone with the planning commission upon payment of a filing fee as required in Chapter 9.68 BGMC, Fees and Deposits, except that a person may not file, and the planning commission shall not accept, a petition which is the same as, or substantially the same as, a petition upon which final action has been taken either by the commission or by the city council within six months prior to the date of said petition. (Ord. 806 § 1, 2007).

A petition for a change of zone shall contain the following information and such other information as is requested by the commission or their authorized representative. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The planning commission may reject any petition that does not supply the information requested herein:

A. Name and address of the applicant.

B. Evidence that the applicant:

1. Is the owner of the premises involved; or

2. Has written permission of the owner or owners to make such application; or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or

4. In the case of a public agency, is negotiating to acquire a portion of the premises involved.

C. Location of subject property (address or vicinity).

D. Legal description of the property involved.

E. Zone or zones requested.

F. With each application, the applicant shall also file:

1. Six copies of a map, drawn to a scale specified by the planning commission, showing the location of all property included in the request of action, the location of all highways, streets, alleys, and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of the property described in the application.

2. One copy of said map shall indicate the uses established on every lot or parcel of land shown within the 700-foot radius.

3. A notarized list of the names and addresses of all persons who are shown 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 property described in the application. One copy of the map shall indicate the ownership of said lots or parcels of land.

G. Indicate the conditions that warrant the change of zone.

H. 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.

I. Other information as the commission may require. (Ord. 806 § 1, 2007).

Among other things, in determining its recommendation for a change of zone, the commission shall consider whether or not the change of zone under consideration if adopted will result in a need for a greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The commission may request that the fire chief or city engineer, or both, supply it with all facts, opinions, suggestions and advice that may be material to reaching a decision on any or all matters mentioned in this section. (Ord. 806 § 1, 2007).

It is the intent of the city of Bell Gardens to comply with the federal and state fair housing laws (fair housing laws) to provide reasonable accommodation to disabled persons in the application of its zoning and land use regulations, policies, and practices for disabled persons seeking fair access to housing. The purpose of this chapter is to provide a formal procedure for the review of requests for reasonable accommodation for persons with disabilities seeking equal access to housing under fair housing laws in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. (Ord. 854 § 5, 2013).

A request for reasonable accommodation may be made by a disabled person, his or her authorized representative, or a developer or provider of housing for disabled persons. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards and practices for the siting and/or development of housing or housing related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of their choice. (Ord. 854 § 5, 2013).

A. 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:

1. The applicant’s name, address, and telephone number.

2. Documentation that the applicant is either a disabled person, applying on behalf of one or more disabled persons, or a developer or provider of housing for one or more disabled persons.

3. The address of the property for which reasonable accommodation is being requested.

4. The name, address, and telephone number of the property owner if different from the applicant.

5. Property owner mailing list and mailing labels, if another discretionary permit is requested to accompany the request for reasonable accommodation, pursuant to the requirements of BGMC 9.54.010(B).

6. A description of the current use of the property.

7. A description of the specific basis for the claim that the applicant is considered disabled under the fair housing laws.

8. A description of the accommodation requested including reference to the zoning code provision, policy, or procedure from which reasonable accommodation is sought.

9. A detailed written explanation of why the requested reasonable accommodation is necessary for the disabled person to use and enjoy the dwelling.

10. Any other information which the director of community development reasonably concludes is necessary to make the findings required by BGMC 9.53.050, provided the information requested regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

B. 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. (Ord. 854 § 5, 2013).

A. 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.

B. 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. (Ord. 854 § 5, 2013).

A. 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:

1. The requested reasonable accommodation is requested by or on the behalf of one or more disabled persons protected under the fair housing laws and entitled to a reasonable accommodation;

2. The requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling;

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city;

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to the general plan, zoning code and building code;

5. The requested reasonable accommodation would not under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial damage to the property of others; and

6. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.

B. 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. (Ord. 854 § 5, 2013).

Any decision on an application under this chapter may be appealed to the planning commission pursuant to the procedures set forth under Chapter 9.60 BGMC, Appeals. (Ord. 854 § 5, 2013).

A. 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:

1. A building permit has been issued and construction has commenced;

2. A certificate of occupancy has been issued; or

3. A time extension has been granted.

B. 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.

C. 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:

1. The approved modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition; or

2. The accommodation is necessary to give another disabled person an equal opportunity for use and enjoyment of the dwelling.

D. 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. (Ord. 854 § 5, 2013).

Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. Any reasonable accommodation approved pursuant to this chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. (Ord. 854 § 5, 2013).

Not less than 20 days prior to the date of a hearing on applications or petitions for a zone change, variance or conditional use permit, the commission shall give notice which shall include the time, place and purpose of such hearing, the general location of the property under consideration and such other information as it deems necessary as provided herein:

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

B. 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.

C. 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.

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

E. Cause such notice to be posted in the Bell Gardens City Hall, Ross Hall Auditorium, and public works department. (Ord. 955 § 2, 2025; Ord. 806 § 1, 2007).

The commission shall give notice of public hearing on applications for a conditional use permit for a cemetery which shall include the time, place and purpose of such hearing, the general location of the property under consideration and such other information as it deems necessary as provided herein:

A. 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:

1. Ten consecutive publications if published in a daily newspaper; or

2. Three consecutive publications if published in a weekly newspaper.

B. 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.”

C. 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.

D. Cause a notice to be sent to such public officers, departments, bureaus or agencies as determined by the commission to be appropriate. (Ord. 806 § 1, 2007).

The commission, in giving notice of a public hearing to revoke a variance, conditional use permit or nonconforming use, shall include the time, place and purpose of such hearing, the general location of the property under consideration and such other information as it deems necessary as provided herein:

A. 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.

B. 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. (Ord. 806 § 1, 2007).

If, for any reason, testimony on any case cannot be heard or completed at the time set for such hearing, the planning commission may vote at the hearing to continue or extend the hearing to another time. During the public hearing, the chairperson shall publicly announce the time and place at which said hearing will be continued and no further notice need be issued or shall be required. (Ord. 806 § 1, 2007).

This title may be amended to change zones, to alter the boundaries of districts, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed, pursuant to Title 7 of the Government Code (Planning Law). (Ord. 806 § 1, 2007).

Changes of zone and other amendments may be initiated by the city council or the planning commission. (Ord. 806 § 1, 2007).

A. 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.

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

1. New development.

2. Building additions.

3. Changes in building occupancy type.

4. Interior tenant improvements.

5. Parking modifications.

6. Equipment installations.

7. Exterior building modifications to nonresidential or multifamily residential uses.

8. Addition of substructures (swimming pools, spas, fences, signs, etc.).

9. Any other type of development/construction that the director determines to pose a potential impact on the community. (Ord. 893 § 9, 2020).

A. 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:

1. Residential patio covers/porches under 150 square feet;

2. Fences and walls;

3. Sheds or storage units of 121 square feet or more (or cumulatively adding up to more than 121 square feet when more than one structure).

4. Installation of outdoor mechanical equipment; and

5. Other similar projects determined by the director to be of similar size and scope as those listed above.

B. Application and Review.

1. The application shall consist of the submittal of plans in a form and number determined appropriate by the director, appropriate filing fees and any additional supporting documentation deemed necessary by the director.

2. The director shall notify the applicant of the action taken on a site plan review. Said notification of action taken shall be made in writing by first class mail or by email.

C. 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.

D. 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. (Ord. 893 § 9, 2020).

A. 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:

1. Residential patio covers over 150 square feet;

2. Residential building expansions and modifications including but not limited to room additions or construction or modification of accessory structures;

3. Construction of pools, spas and other permitted recreational facilities.

4. Creation of four or less new units (condominium units of any number are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums – Conditional use);

5. Commercial/industrial construction projects as follows:

a. Additions equivalent to 50 percent or less to buildings with less than 1,000 square feet of existing gross floor area;

b. Additions equivalent to less than 25 percent to buildings with 1,000 to 10,000 square feet of existing gross floor area;

c. Additions equivalent to less than 15 percent to buildings with more than 10,000 square feet of existing gross floor area;

6. Parking lot reconfiguration or a new parking lot;

7. Installation of new signs;

8. Interior tenant improvements;

9. Exterior modifications to commercial/industrial structures; and

10. Other projects the director determines to be of similar size and scope as those listed above.

B. Application and Review.

1. A project application for a Type 2 SPR shall require submittal of the following:

a. Project plans per BGMC 9.58.040(C) and (D).

b. Additional information, forms and/or documents as are necessary to determine compliance with the provisions of this title or any conditions that the director may require in granting an approval of a Type 2 SPR.

2. The director, acting upon any site plan offered for review as provided in this title, shall either approve or deny the proposed use, development, or modification as requested in the required site plan review.

3. The director shall notify the applicant of the action taken on a site plan review. Said notification of action taken shall be made in writing by first class mail or email by the director.

C. 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.

D. 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. (Ord. 893 § 9, 2020).

A. 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:

1. Creation of five or more new residential dwelling units (condominium units are subject to approval of a conditional use permit per BGMC 9.20.140, Residential condominiums – Conditional use.

2. Commercial/industrial construction as follows:

a. Construction of new commercial/industrial buildings and associated parking.

b. Additions of more than 50 percent to buildings with less than 1,000 square feet of existing gross floor area.

c. Additions of more than 25 percent to buildings with 1,000 to 10,000 square feet of existing gross floor area.

d. Additions of more than 15 percent to buildings with more than 10,000 square feet of existing gross floor area.

3. Proposals for uses described in Division 3 of this title, Special Uses, provided the use does not already require planning commission review under a conditional use permit; and

4. Other projects director determines to be similar in size and scope to those listed above.

B. 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.

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

1. Name and address of the applicant and of all persons owning any or all of the subject property.

2. Evidence that the applicant:

a. Is the owner of the premises involved; or

b. Has written permission of owner or owners to make such application; or

c. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or

d. In the case of a public agency, is negotiating to acquire a portion of the premises involved.

3. Location of subject property (address or vicinity).

4. Legal description of property.

5. Proposed facility or use.

6. The use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features.

7. Any other supplemental information or material as determined by the director to be necessary for the review of the application.

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

1. Fully dimensioned plot plan, floor plan, and full elevations drawn to scale with the following information:

a. All property lines and dimensions.

b. Outline of all existing and proposed structures on the site including details of the proposed and existing exterior building and site features.

c. Location of all streets, alleys, and driveways.

d. Location of existing electrical meter, electric line, and power pole.

e. Distinction between landscaping and pavement.

f. Property address.

g. Name and telephone of applicant and/or property owner.

h. North arrow and scale.

i. Square footage and use of each area within a structure.

j. Roof plan for all structures on the site.

k. Architectural materials proposed including, but not limited to, exterior walls, roofs, windows, doors, trims, and any exterior architectural design features.

2. Any other supplemental information or material as determined by the director to be necessary for the review of the application, including but not limited to a color and material sample board for the project, a master wall and fence plan, a landscape and irrigation plan, and a lighting plan.

E. 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:

1. That every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title.

2. That every use, development of land, and application of development standards shall be considered on the basis of the suitability of this site for the particular use or development intended.

3. That the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, ensure the protection of public health, safety and general welfare, and prevent adverse effects on neighboring property and shall be in general accord with all elements of the general plan.

4. That every use, development of land and application of development standards shall be considered on the basis of suitable and functional development design, but it is not intended that such approval be interpreted to require a particular style or type of architecture.

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

1. Approve;

2. Approve with conditions; or

3. Deny the proposed use, development, or modification as requested in the application and as indicated in the required site plan.

G. Notice of Action Taken on a Site Plan.

1. The planning commission shall notify the applicant requesting approval of a Type 3 site plan review of the action taken on the application.

2. Said notification of action taken shall be made in writing by first class mail, postage prepaid, or by email.

H. 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.

I. 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. (Ord. 893 § 9, 2020).

Where a site plan is required as part of an application for a variance or conditional use permit or zone change application, as provided in Chapters 9.50 and 9.52 BGMC, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this chapter. (Ord. 893 § 9, 2020).

This chapter provides incentives for a housing development which includes housing that is affordable to the types of households and qualifying residents identified in BGMC 9.59.030, “Eligibility for density bonus.” This chapter is intended to implement the requirements of state law (Government Code Sections 65302, 65913, and 65915 et seq.) and the goals and policies of the city’s general plan. In the event of any ambiguities or inconsistencies between this chapter and the above Government Code provisions, the Government Code shall prevail. (Ord. 855 § 2, 2013).

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

“Child care facility” means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

“Density bonus” means an increase in the maximum allowable residential density permitted under the zoning code and land use element of the general plan as of the date of the application.

“Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential development pursuant to any city ordinance, general plan element, specific plan, charter, or other city condition, law, policy, resolution, or regulation.

“Housing development” means a development project for five or more residential units which includes a subdivision or common interest development, as defined in Civil Code Section 4100, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

“Incentive” or “concession” means:

1. A reduction in site development standards or a modification of Zoning Code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

2. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.

“Maximum allowable residential density” means the density allowed under the zoning code and land use element of the general plan, or if a range of density is permitted means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning code is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

“Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, and as further defined in Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 and 799.5.

“Total units” or “total dwelling units” means the total allowable number of residential units permitted by the maximum allowable residential density which does not include units added by a density bonus award pursuant to this chapter or any other law granting a greater density bonus. (Ord. 855 § 2, 2013).

A. 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:

1. Five percent of the total units are for very low income households, as defined in Health and Safety Code Section 50105; or

2. Ten percent of the total units are for lower income households, as defined in Health and Safety Code Section 50079.5; or

3. Ten percent of the total units in a common interest development, as defined in Civil Code Section 4100, excluding units added by a density bonus awarded pursuant to this chapter or any local law granting a greater density bonus, as provided in Government Code Section 65915(D)(3), are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase; or

4. A senior citizen housing development. (Ord. 855 § 2, 2013).

A. 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:

1. One incentive or concession for projects that include at least five percent of the total units for very low income households, 10 percent of the total units for lower income households, or at least 10 percent of the total units for persons and families of moderate income in a common interest development.

2. Two concessions or incentives for projects that include at least 10 percent of the total units for very low income households, 20 percent of the total units for lower income households, or 20 percent of the total units for persons and families of moderate income in a common interest development.

3. Three concessions or incentives for projects that include at least 15 percent of the total units for very low income households, 30 percent of the total units for lower income households, or at least 30 percent of the total units for persons and families of moderate income in a common interest development, when the units are available on a for sale basis to the public.

4. Three concessions or incentives for a senior citizen housing development. (Ord. 855 § 2, 2013).

A. 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.

1. Very Low Income Units. A 20 percent bonus shall be granted for developments with five percent very low income units, with an increase of density bonus by two and one-half percent for every percentage of very low income units provided above five percent, up to a maximum of 35 percent bonus.

2. Lower Income Units. A 20 percent bonus shall be granted for developments with 10 percent lower income units, with an increase of density bonus by one and one-half percent for every percentage of lower income units above 10 percent, up to a maximum of 35 percent bonus.

3. Common Interest Developments with Moderate Income Ownership Units, as Defined in This Chapter. A five percent bonus shall be granted for developments with 10 percent moderate income units, with an increase of density bonus by one percent for every percentage of moderate income units above 10 percent, up to a maximum of 35 percent bonus.

4. Senior Housing Development or Mobile Home Park Limited to Housing for Older Persons. A 20 percent density bonus shall be based on the total number of senior housing units. Additional density bonuses shall be granted per the formula in Tables 1.1 through 1.3 up to a maximum of 35 percent based on the percentage of units made available as affordable units.

B. 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. (Ord. 855 § 2, 2013).

An applicant of a housing development proposing the donation of land for affordable housing shall be entitled to a density bonus in accordance with provisions of this section. The increase shall be in addition to any increase in density pursuant to BGMC 9.59.030, up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this section and BGMC 9.59.030. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

A. 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:

1. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or application for the construction of residential units.

2. The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

3. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, have the appropriate general plan designation, be appropriately zoned, and be served by adequate public facilities and infrastructure. The land shall have a density and appropriate zoning and development standards to make the development of the affordable units feasible, and be served by adequate public facilities and infrastructure. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all of the permits and approvals necessary for development of the very low income housing units on the transferred land.

4. The transferred land and the affordable units shall be subject to a density bonus housing agreement ensuring continued affordability of the units, consistent with BGMC 9.59.110.

5. The land shall be transferred to the city of Bell Gardens or to a housing developer approved by the city of Bell Gardens. The city may require the applicant to identify and transfer the land to the developer.

6. The transferred land shall be within the boundary of the proposed development or, with approval of the city of Bell Gardens, within one-quarter mile of the boundary of the proposed development.

7. A density bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or tract map or application for the construction of residential units.

B. 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.

(Ord. 855 § 2, 2013).

A. 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:

1. An additional density bonus that is an area (in square feet) of residential space equivalent or greater than the area of the child care facility.

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. 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:

1. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

2. Of the children who attend the child care facility, the percentage of children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are required for very low income households, low income households, or moderate income households pursuant to BGMC 9.59.030. (Ord. 855 § 2, 2013).

A. 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.

(Ord. 855 § 2, 2013).

A. 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.

B. 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. (Ord. 855 § 2, 2013).

A. 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:

1. The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Health and Safety Code Sections 50053 and 50052.5.

2. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(2)(d), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

3. The incentive or concession would be contrary to state or federal law.

B. 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.

C. 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.

D. 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.

E. 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).

F. 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:

1. Low and Very Low Income Units. Affordable units offered for rent to low income and very low income households shall be made available for rent at an affordable rent and shall remain restricted and affordable to the designated income group for a minimum period of 30 years. A longer period of time may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the housing development. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. Owner occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

2. Moderate Income Units. As required by state law, the initial occupants of moderate income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Civil Code Section 4100, are persons and/or families of moderate income as defined in Health and Safety Code Section 50093. Moderate income units must be offered at an affordable cost for persons and/or families of moderate income as defined in Health and Safety Code Section 50052.5. Moderate income units may be offered for subsequent resale to an above-moderate income purchaser; provided, that the sale shall result in a recapture by the city, or its designee, of the following:

a. City’s initial subsidy, which shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

b. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. City’s proportionate share of appreciation, which shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale.

G. 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. (Ord. 855 § 2, 2013).

A. 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.

B. 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:

1. Applicants granted a density bonus, incentive(s) or concession(s), and alternative parking standards shall agree to enter into a density bonus housing agreement with the city approved by the director of community development and the city attorney, which shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.

2. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to the issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind all future owners and successors in interest. (Ord. 855 § 2, 2013).

A. 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:

1. The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;

2. The designated dwelling units shall contain a covenant stating that the developer or successors in interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city;

3. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low and very low income households, as published by the State Department of Housing and Community Development (HCD);

4. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

5. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

6. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be entitled to recover all of the city’s costs of action including legal services;

7. In the case of for-sale housing developments, the affordable housing covenant shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period:

a. Designated affordable dwelling units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior housing;

b. The applicable restriction period in compliance with BGMC 9.59.100(F).

c. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:

i. Restricts the sale of the unit in compliance with this chapter and California Density Bonus Law and other incentives during the applicable use restriction period;

ii. Contains provisions as the city may require to ensure continued compliance with this chapter and state law;

iii. Shall be recorded against the parcel containing the designated dwelling unit;

8. In the case of rental housing developments, the affordable housing covenant shall provide for the following conditions governing the use of designated affordable dwelling units during the use restriction period:

a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;

b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this division;

c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the number of bedrooms and monthly rent or cost of each unit;

d. The applicable use restriction period in compliance with BGMC 9.59.100(F);

9. If required by the planning commission as part of the review of the request for a density bonus, incentive(s) or concession(s), and alternative parking standards, the covenant shall include the following information:

a. The total number of units approved for the housing development, including the number of designated dwelling units;

b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with State HCD guidelines;

c. The marketing plan for the affordable units;

d. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;

e. Duration of the use restrictions for designated dwelling units, in compliance with BGMC 9.59.100(F);

f. A schedule for completion and occupancy of the designated dwelling units;

g. A description of the additional incentive(s) being provided by the city;

h. A description of the remedies for breach of the affordable housing covenant by the owners, developers, and/or successor(s) in interest of the project; and

i. Other information as necessary for the city to verify the implementation of and compliance with this chapter.

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

1. Following agreement on the terms of the covenant by all parties, the city shall record the fully executed covenant and related instruments against the parcels designated for the construction of designated dwelling units, at the county recorder’s office.

2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the units.

3. The covenant shall be binding to all future owners, developers, and/or successors in interest for the applicable affordability period specified therein or until such time released by the city. (Ord. 855 § 2, 2013).

A. 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.

B. 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.

C. 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. (Ord. 893 § 10, 2020).

A. 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.

B. 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. (Ord. 893 § 10, 2020; Ord. 806 § 1, 2007. Formerly 9.60.010).

In any case in which the city council sets the matter of an appeal before itself, or receives the transcript or recording and all other evidence upon which the planning commission made its decision, the city council’s 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 city council’s decision on the appeal differs from that of the planning commission, the council shall include written findings in its action. (Ord. 893 § 10, 2020; Ord. 806 § 1, 2007. Formerly 9.60.020).

The decision of the city council, upon an appeal from an action of the planning commission, is final and conclusive as to all things involved in the matter. Said decision shall set forth that the appeal is subject to the Code of Civil Procedure Section 1094.6. A copy of the decision shall be mailed to the applicant via certified mail. (Ord. 893 § 10, 2020; Ord. 806 § 1, 2007. Formerly 9.60.030).

The planning commission, on their own motion or if instructed by the city council, and without the filing of an application, may revoke any previously granted variance, conditional use permit or nonconforming use after a public hearing if the commission finds:

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

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

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

D. 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:

1. Is violating or has violated any conditions of said variance, conditional use permit or nonconforming use; or

2. That the use for which said variance, conditional use permit or nonconforming use was granted or permitted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or

E. 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.

F. 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. (Ord. 806 § 1, 2007).

This chapter sets forth standards and requirements for nonconforming lots, uses, and structures. (Ord. 806 § 1, 2007).

This chapter does not apply to illegally established lots, uses, or structures and does not apply to signs. Lots, uses, or structures which are nonconforming prior to the effective date of the ordinance codified in this title and lawfully exist as a nonconforming lot, use, or structure may be continued, changed, or expanded only as provided in this chapter. (Ord. 806 § 1, 2007).

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

A. “Construction” means to erect a structure.

B. “Existing square footage” means the existing square footage of an existing lot or structure as of the effective date of the ordinance codified in this title.

C. “Illegal lot, use, or structure” means a lot, use, or structure prohibited by BGMC Title 6 and this title.

D. “Mobile home” means a domicile transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, to be used with or without a permanent foundation system. “Mobile home” does not include a recreational vehicle.

E. “Mobile home park” means any lot or parcel of land where trailer sites are rented or leased, or offered for rent or lease, for two or more trailer coaches, which are conditionally permitted uses.

F. “Nonconforming” means any lot, use, or structure that was lawfully established and in compliance with all applicable ordinances/regulations at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

G. “Reconstruction” means to construct again, re-establish, or reassemble and does not include the construction of additional square footage to the existing building.

H. “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment such as wardrobe closets, cabinets, kitchen units or fixtures, bathrooms, and toilet rooms.

I. “Remodel” means to alter the structure of or modify an existing structure, where no additional square footage is added.

J. “Renovate” means to restore or change to a better state, which shall not include the construction of additional square footage to the existing building.

K. “Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

L. “Trailer park” shall have the same meaning as a mobile home park. (Ord. 806 § 1, 2007).

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

B. 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.

C. Nonconforming lots shall not be reduced in area or dimensions. (Ord. 806 § 1, 2007).

Existing uses not listed as permitted uses in their respective zones are considered nonconforming uses. Existing uses which are permitted in their respective zones with a conditional use permit, but do not have a conditional use permit, are considered nonconforming uses. The following provisions shall apply:

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

B. If a nonconforming use is discontinued for a period of six months or more, it shall not be re-established. (Ord. 806 § 1, 2007).

Structures that do not meet the development standards set forth in BGMC Title 6 and this title are considered nonconforming structures and the following provisions shall apply:

A. 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:

1. The use is permitted in the zone in which it is located; and

2. Any new improvement complies with all current and applicable ordinances/regulations, including parking.

B. Nonconforming Residential Structures.

1. Nonconforming residential structures which are damaged or destroyed by fire, explosion, act of God, collapse, or any other casualty may be reconstructed, repaired, or restored. The following provisions shall apply:

a. Reconstruction shall be limited to the same square footage as the residential structure as of the effective date of the ordinance codified in this section plus an aggregate of 25 percent.

b. Reconstruction shall comply with all applicable provisions of BGMC Title 6 and this title and shall not include an increase in units from what existed at the time of damage or destruction.

c. Reconstruction shall commence within one year from the date of damage. Prior to the one-year expiration period, a property owner who can demonstrate progress towards reconstruction and financial hardship may apply in writing to the director for a six-month extension. If reconstruction is not commenced within one year, or an extension has not been applied for, that property owner shall lose all reconstruction privileges.

d. If a hazardous condition existed or still exists on the property, any reconstruction shall not aggravate or continue the hazardous condition.

e. Reconstruction shall comply with current parking and open space standards. If current parking and open space standards cannot be met, the reconstruction shall provide at least the same amount of parking and open space that was existing on the property prior to any damage or destruction.

2. Nonconforming residential structures may be remodeled, renovated, or expanded up to an aggregate of 25 percent of the original square footage, provided the standards of the zoning district that best characterizes the use are complied with (e.g., one unit, R-1 zone; two units, R-2 zone; etc.). Any remodel, renovation, or addition shall comply with the current development standards of BGMC Title 6 and this title and shall not include an increase in units from what existed as of the effective date of the ordinance codified in this section. Any expansion beyond 25 percent of the original square footage of the dwelling unit shall require review and approval of a conditional use permit by the planning commission.

C. Nonconforming Nonresidential Structures.

1. Nonconforming nonresidential structures which are damaged or destroyed by fire, explosion, act of God, collapse, or any other casualty may be reconstructed, repaired, or restored subject to the following:

a. Reconstruction shall be limited to the same square footage as the nonresidential structure as of the effective date of the ordinance codified in this section plus an aggregate of 25 percent.

b. Reconstruction shall comply with all applicable provisions of BGMC Title 6 and this title.

c. Reconstruction shall commence within two years from the date of damage. Prior to the two-year expiration period, a property owner who can demonstrate progress towards reconstruction and financial hardship may apply in writing to the director for a six-month extension. If reconstruction is not commenced within two years or an extension has not been applied for, that property owner shall lose all reconstruction privileges.

d. If a hazardous condition existed or still exists on the property, any reconstruction shall not aggravate or continue the hazardous condition.

e. Reconstruction shall comply with current parking standards. If current parking standards cannot be met, the reconstruction shall provide at least the same amount of parking and open space that was existing on the property prior to any damage or destruction.

2. Nonconforming nonresidential structures may be remodeled, renovated or expanded up to an aggregate of 25 percent of the existing square footage. Any remodel or renovation shall comply with the development standards of BGMC Title 6 and this title. (Ord. 893 § 11, 2020; Ord. 806 § 1, 2007).

Nonconforming lots, uses, and structures shall be terminated according to the following schedule:

A. 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.

B. 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.

C. 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. (Ord. 806 § 1, 2007).

As of the effective date of the ordinance codified in this title, any use established or conducted, or any building or improvement lawfully existing as a nonconforming use under the provisions of Bell Gardens Ordinance No. 1 adopting Los Angeles County Ordinance No. 1494 as amended to August 1, 1961, and as amended by the city, shall be deemed to be continued under this title subject to the provisions of this chapter. The termination date for such a nonconforming use shall be computed from the date such use became nonconforming under said Ordinance No. 1494, as amended to August 1, 1961, and subsequent amendments thereto adopted by the city prior to the ordinance codified in this title. (Ord. 806 § 1, 2007).

Any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of development of the zone in which such use is located, may be changed or expanded only as provided in this chapter, and subject to all other provisions of this title or any other ordinance or law. The termination date for a use made nonconforming by the application of the provisions of this title or any amendments thereto shall be computed from the effective date of the ordinance whose provisions made the existing use of the land or property nonconforming. (Ord. 806 § 1, 2007).

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same are hereby declared to be unlawful; and the district attorney or city attorney, at the request of the planning commission or city council, shall commence appropriate legal action or proceedings for the abatement, removal or enjoining thereof, in the manner prescribed by law. (Ord. 806 § 1, 2007).

Violation of any provision of this title, or of any approval, conditional use permit, or variance granted hereunder, is a misdemeanor. Conviction for such misdemeanor shall be punishable by a fine not to exceed $500.00, or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this title occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as herein provided. (Ord. 806 § 1, 2007).

The provisions of other applicable state, county or city statutory and ordinance provisions shall be observed and compliance rendered with the more stringent regulations taking precedence. (Ord. 806 § 1, 2007).

For the purpose of partially defraying the expense involved in connection with any application or petition required by this title, filing fees and deposits shall accompany the application or petition as established by resolution of the city council. (Ord. 806 § 1, 2007).

Any application or petition for a variance, conditional use permit or zone change may be withdrawn at any time prior to a public hearing by filing with the planning commission a written request for withdrawal signed by all persons who signed the original application or petition, or their successors in interest. (Ord. 806 § 1, 2007).

A. 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.

B. 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.

C. In all other cases, there shall be no refund after the notice of hearing has been published. (Ord. 806 § 1, 2007).

Where a conditional use permit, variance, and zone change are filed simultaneously covering the same lot or parcel of land, the planning commission may waive the lesser of the two fees required, provided, in their opinion, said applications may be processed concurrently without a substantially greater expenditure in preparation than would occur should a single application be so processed. (Ord. 806 § 1, 2007).

When the planning commission, pursuant to Chapter 3, Title 7 of the Government Code, recommends the acquisition of any square, park or other public ground or open space by any public entity, it may in its recommendation designate for what purpose and to what extent said property might be used. (Ord. 806 § 1, 2007).

When the planning commission so recommends the acquisition of publicly owned property, such property may be used for any use designated pursuant to this chapter by the commission in addition to those uses permitted in the zone in which such property is located. (Ord. 806 § 1, 2007).

The purpose of this chapter is to promote the general welfare by encouraging pride in the community, increasing property values, and enhancing the quality of life through development of cultural and artistic resources. This chapter may be known and cited as the “Bell Gardens art in public places program.” The intent of the program is to create a cultural legacy for future generations through the collection and exhibition of high-quality art pieces that reflect diverse styles to unite the community through shared cultural experiences. Art in public places will further these goals by chronicling history by facilitating collection of artifacts, documents, and memorabilia that will acknowledge the past, relate the present and foster a connection to the future. (Ord. 931 § 2, 2023).

“Art” or “artwork” means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, monuments, fountains, or other pieces that will have a positive aesthetic impact and/or provide a positive perception of the city. These categories may be realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile, stone, and other suitable materials.

“Developer” means any person or entity that is financially and legally responsible for the planning, development, and construction of any development or development project covered by the art in public places program, who may or may not be the owner of the subject property.

“Development” or “development project” means any manmade change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit.

“Director” shall be defined as in BGMC 9.04.040.

“Project applicant” means the property owner, developer, or other responsible party proposing the project.

“Public place” means any area on public or private property, which must be fully visible to the general public.

“Valuation” means the total value of the improvements approved for a development project, as indicated on the building permit application or applications submitted to the city in order to obtain a building permit or permits for the development project. (Ord. 931 § 2, 2023).

A. 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.

B. 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. (Ord. 931 § 2, 2023).

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

1. Residential, mixed-use, commercial, or industrial development consisting exclusively of rehabilitation work required for seismic safety, as a result of a natural disaster, declared federal or state emergency or major disaster, or to comply with applicable building requirements, and governmental mandates, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended, regardless of valuation.

2. Repair intended to upgrade an existing building or structure that does not change the use or type of such building or structure and does not alter the size or occupancy load of the building or structure.

3. Commercial or industrial development projects owned solely by a nonprofit organization under Internal Revenue Code Section 501(c)(3), provided the premises are operated by a nonprofit organization and used exclusively in furtherance of nonprofit purposes.

4. New residential or mixed-use development containing a minimum of 25 percent covenanted affordable housing units for very low, lower, or moderate income households as defined in Health and Safety Code commencing with Section 50050.

5. All senior citizen housing projects as defined in BGMC 9.59.020, “Senior citizen housing development.”

6. Buildings and projects designed and dedicated to performing arts spaces or facilities including theaters, performance art centers, or other similar facilities as determined by the director, or museums. This exemption does not include commercial movie theaters, private recreation facilities, or buildings or spaces dedicated to primarily administrative activities.

7. All public work and governmental agency projects.

B. These exemptions shall apply only as long as a valid building permit and the exempt use is maintained. (Ord. 931 § 2, 2023).

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

1. Within 30 days of being notified that a project art in public places requirement applies, send a letter to the director stating the reasons why the project should not be subject to the requirements established in this chapter and that an exception is requested.

2. The director shall, within 30 days of receipt of such letter, conduct a Type 2 site plan review, as defined in BGMC 9.58.030, for an exception request.

a. A request for an art in public places exception shall require the submittal of the exception request letter and additional information, forms, and/or documents necessary to determine compliance with provisions of this title or any conditions that the director may require in granting approval of the request including but not limited to evidence of project valuation.

3. The director shall notify the project applicant of the action taken on the Type 2 site plan review exception request. Said notification of action taken shall be made in writing by first class mail or email by the director or the director’s designee.

B. 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.

C. 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. (Ord. 931 § 2, 2023).

All applicable development identified in BGMC 9.71.030 shall be required to acquire, place, and install approved artwork, subject to the guidelines of this chapter, concurrently with the completion of the development/modification project, consistent with the standards of BGMC 9.71.030 and 9.71.040.

A. 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.

1. Placement and Fees. The project applicant shall be permitted to purchase, place, and install an approved artwork in an amount less than the required value; provided, that the project applicant pays an in-lieu contribution to the art in public places fund equal to the difference between the required value and the costs of acquisition and installation of such artwork.

B. 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. (Ord. 931 § 2, 2023).

A. 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.

B. 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:

1. For the design, acquisition, commission, installation, improvement, maintenance, and insurance of artwork. Design fees may include any fee paid to an appropriate party for the development of a design concept and preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of artwork;

2. To sponsor or support performing arts;

3. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the city;

4. During a fiscal year, for maintenance of and utility charges related to the artwork purchased pursuant to subsection (B)(1) of this section; provided, that the total amount of expenditures made in any year from the art in public places fund for the purpose set forth in this subsection (B)(4) shall not exceed 10 percent of the total available amount of in-lieu contributions deposited, pursuant to this chapter, during the city’s fiscal year immediately preceding the expenditure; or

5. For costs associated with administering this chapter, in an amount not to exceed 15 percent of the allocation as set forth in BGMC 9.71.060.

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

D. 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. (Ord. 931 § 2, 2023).

An arts committee or surrogate body shall be established by the city to administer this chapter and fulfill the duties established herein. There is hereby created an art in public places review committee consisting of the following officers or their duly authorized representatives:

A. Community development director.

B. Public works director.

C. Recreation and community services director.

D. 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.

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

1. Community Member Participation.

a. Not less than 30 days prior to an art in public places review committee review of applications for placement of private places artwork, the director shall provide notice to the development project applicant for placement of private places artwork 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 private places artwork and to such other persons whose property might, in the director’s judgment, be affected by the placement of private places artwork requested.

b. Notice shall include the time, place and purpose of such meeting, the general location of the development project under consideration and such other information as it deems necessary. Notice shall be mailed by first class mail, postage prepaid.

c. If the art in public places review committee finds that the mailing of notices 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.

2. Community Member Eligibility. Any person who wishes to be selected as a community member participant in the art in public places review committee shall satisfy the following requirements:

a. Person shall have at least a 25 percent ownership interest in the residential real property or residency within the city.

b. Person shall live within 500 feet radius of the project subject property.

c. A person who, in the opinion of the director, meets the proximity requirements and is interested in being selected as the community member participant shall submit an application to the city clerk at least 15 days prior to art in public places review committee review.

d. A decision shall be made within 15 days and a copy of such decision shall be made available to the community member and the project applicant.

F. The director shall be the chair of the art in public places review committee. (Ord. 931 § 2, 2023).

A. 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.

B. 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.

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

D. 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.

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

F. 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.

G. 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.

H. 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. (Ord. 931 § 2, 2023).

A. 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.

B. 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. (Ord. 931 § 2, 2023).

Standards for the approval, siting, and installation of artwork shall include, but are not limited to, the following criteria:

A. 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.

B. 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.

C. The artwork shall be permanently affixed to the property.

D. 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.

E. 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.

F. 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.

G. 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.

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

I. 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.

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

1. Art objects which are mass produced from a standard design;

2. Reproductions of original artwork, although limited editions are acceptable;

3. Decorative, ornamental, or functional elements which are designed by the building architect as opposed to an artist commissioned for the purpose of creating the artwork;

4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the artwork by the artist; or

5. Services or utilities necessary to operate or maintain the artwork. (Ord. 931 § 2, 2023).

A. 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:

1. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

2. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;

3. Preliminary plans containing such detailed information as may be required by the city to adequately evaluate the location of the artwork in relation to the proposed development and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and

4. A narrative statement demonstrating that the artwork will be displayed in an area open and freely available to the general public at least 10 hours each day or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site.

B. Approval.

1. Completed applications shall be submitted to the city art in public places review committee for review and approval of the artwork, considering the aesthetic quality and harmony of the artwork with the existing on-site improvements and the proposed location of and public accessibility to the artwork.

2. Any person may seek a review of an art in public places review committee decision made pursuant to subsection (B)(1) of this section by filing an appeal in accordance with Chapter 9.60 BGMC, Appeals. (Ord. 931 § 2, 2023).

A. 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:

1. Preliminary sketches, photographs, models, site plan, lines of sight, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

2. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;

3. A written agreement in a form approved by the director, executed by or on behalf of the artist who created the artwork, which expressly waives his or her rights under the California Art Preservation Act or other applicable law; and

4. Other information may be required by the city council to adequately evaluate the proposed donation of artwork.

B. Review of Application.

1. Completed applications shall be submitted to the director for review and recommendation to the city council.

2. Recommendations shall be forwarded to the city council, which shall have the sole authority to approve, conditionally approve, or disapprove artwork. (Ord. 931 § 2, 2023).

A. 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:

1. The type of artwork considered, an analysis of the constraints applicable to the placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork; or

2. The type of performance and amount recommended; or

3. A description of the outside art project and the amount recommended; or

4. The estimated costs of acquisition and improvements of the real property proposed to be purchased.

B. 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. (Ord. 931 § 2, 2023).

A. 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.

B. 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.

C. 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.

D. All artwork donated to the city shall become the property of the city upon acceptance by the city council. (Ord. 931 § 2, 2023).

The following criteria shall be used to determine, on a case-by-case basis, whether architecture can be considered art for purposes of fulfilling this chapter’s requirements:

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

B. 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.

C. 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.

D. The architecture must meet all the general criteria regarding the placement of artwork on private property as defined in BGMC 9.71.110. (Ord. 931 § 2, 2023).

The following procedure must be followed by the developer to fulfill the public art requirement with the building’s architecture:

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

1. The first presentation shall be made prior to the development application being deemed complete. The developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual development. The developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture.

2. The second presentation shall be made at the completion of the city approval process. The developer must submit a maquette and other materials that satisfactorily illustrate the to-be-built development.

3. If a development application was received prior to the adoption of this section, the above requirements for the timing of a developer’s presentation to the art in public places review committee shall not apply, provided the first presentation is made at the planning commission meeting at which the project’s approval is considered.

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

C. 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.

D. The developer and/or architect shall be responsible for demonstrating that all of the foregoing criteria are met. (Ord. 931 § 2, 2023).

A. 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.

B. 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:

1. The city council finds the fee is needed for art in public places.

2. The administrative costs of refunding the uncommitted fees pursuant to this chapter exceeds the amount to be refunded; provided, that at least 10 days prior to the hearing, a notice of public hearing on this issue has been published and posted on the site of the development project in not less than three places.

C. Expenditure of fees shall be subject to the standards set forth in BGMC 9.71.070. (Ord. 931 § 2, 2023).