Chapter 9.03
THRESHOLDS FOR ZONING ORDINANCE APPLICABILITY

Sections:

9.03.010    Alterations to existing buildings and/or land uses.

9.03.020    Changes to building occupancy.

9.03.030    Effects of ordinance amendments on projects in progress.

9.03.040    Uses/development on public property/rights-of-way.

9.03.010 Alterations to existing buildings and/or land uses.

Any alterations to an existing nonresidential building which change the color, design, materials, height, area or location of a structure require submittal and approval of a site plan review application. Any new construction which increases the overall area of a structure by more than 50 percent of the existing area shall be reviewed and approved by the planning commission. The community development director, or his/her designee, may approve any other alteration or construction of less than 50 percent of the existing area. However, the director may opt to refer any site plan review application to the planning commission for review and approval if it is believed that the alteration may have a significant negative effect on the subject property and/or the surrounding community. (Ord. 806 § 1, 2007).

9.03.020 Changes to building occupancy.

Any change in the established occupancy type of a structure as defined by the California Building Code shall require approval of a site plan review application by the community development director or his/her designee. Additional site improvements may be requested by the city as the result of the occupancy change, including but not limited to improvements to the building facades, parking, and landscaping and compliance with general standards applied to new development to the extent feasible. (Ord. 806 § 1, 2007).

9.03.030 Effects of ordinance amendments on projects in progress.

Planning applications accepted by the community development department and deemed complete prior to the effective date of any new zoning ordinance amendment shall be processed in accordance with the requirements that were present prior to the adoption of the amendment. (Ord. 806 § 1, 2007).

9.03.040 Uses/development on public property/rights-of-way.

A. Public Property Subject to General Plan. All city-owned or leased property on which public facilities have been developed or may be developed, rehabilitated, renovated, and/or added to must conform to the duly adopted general plan of the city of Bell Gardens. All such facilities must conform to BGMC Title 6 and to all applicable city, state, or federal regulations concerning building standards and requirements for public access for the disabled.

B. Public Property May Be Exempted from Zoning Standards. All city-owned or leased property on which public facilities have been developed or may be developed, rehabilitated, renovated, and/or added to may be exempted from the requirements of this title. Any deviation from the provisions of this title must be approved in writing by the city manager or his/her designee. Such approval shall include a written finding that the deviation from this title’s requirements conforms to the city’s general plan and that such deviation will not adversely affect the health, safety, and welfare of the public. The city manager shall cause copies of said findings to be transmitted to the members of the city council and posted in three public locations.

Any interested person, including any member of the city council, may appeal any such deviation from this title granted by the city manager or his/her designee to the city council within 10 days of the decision by submitting a written request for an appeal to the city clerk. Said written request shall contain a statement of the reasons for the appeal. The city clerk shall schedule a public hearing before the city council within 30 days of the receipt of the appeal. The city council’s decision whether to grant or deny the appeal or modify the city manager’s decision shall be final.

This section shall take precedence over and supersede any conflicting provision or procedure contained in this title.

C. City-Sponsored Carnivals or Special Events. City-sponsored carnivals or special events may be exempted from the requirements of this title in the same manner as prescribed in subsection (B) of this section. (Ord. 806 § 1, 2007).