§ 22.246

A.

Continuation of Existing Law. The provisions of this Title 22, as long as they are substantially the same as the provisions of any ordinance, or portions of any ordinance repealed by provisions codified in this Section, shall be construed as restatements and continuations of these ordinances, and not as new enactments.

B.

Proceedings Pending as of November 5, 1971 — Procedure Generally. No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to Ordinance 1494 effective on November 5, 1971, or by the provisions of this Title 22, but all proceedings taken after this date shall conform to the provisions of this Title 22 as far as possible. Where the Commission, prior to November 5, 1971, has recommended the granting, denial, revocation, or modification of any permit, exception, license, or other approval to the Board, the Board may act upon such recommendation either before or after November 5, 1971. In all other cases, the Commission shall grant, deny, revoke, or modify as now provided in this Title 22, even if the action was initiated prior to November 5, 1971.

C.

Proceedings Pending as of November 5, 1971 — Applications for Exceptions. If, prior to November 5, 1971, an application for an exception has been heard by the Board, Commission, or Hearing Officer but has not been decided on by November 5, 1971, the Board, Commission, or Hearing Officer may, where applicable, consider the case as either an application for a variance or for a Conditional Use Permit, and shall decide or recommend pursuant to the provisions of this Title 22 as they now exist.

D.

Zone Exception.

Deemed Variance When. Where a Zone Exception granted by action of the Board or Commission prior to November 5, 1971, may be granted as a variance under the present provisions of this Title 22, it shall be deemed a variance.

2.

Considered Nonconforming Use When. In all cases other than as provided in Subsection D.1, above, where a Zone Exception was granted by action of the Board or Commission prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this Title 22, provided:

a.

That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and

b.

That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant shall apply.

3.

Considered Conditional Use. Notwithstanding the provisions of Subsection D.2, above, where a Zone Exception, granted by action of the Board or Commission prior to November 5, 1971, may be granted as a Conditional Use Permit (Chapter 22.158) under the present provisions of this Title 22, it shall be deemed a Conditional Use Permit.

E.

Rights Under Existing Approval Not Affected. No rights given by any permit, license, or other approval under any ordinance repealed by the provisions of this Section are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this Title 22.

F.

Convictions for Crimes. Any conviction for a crime under any ordinance which is repealed by this Section, which crime is continued as a public offense by this Title 22, constitutes a conviction under this Title 22 for any purpose for which it constituted a conviction under such repealed ordinance.

G.

Repeal Does Not Revive Any Ordinance. The repeal of any ordinance amending this Title 22 shall not revive any amendment adopted prior to the repealed ordinance amendment.

(Ord. 2019-0004 § 1, 2019.)

22.246.020 - Applicability of Zone Changes and Ordinance Amendments.

A.

Unless otherwise specified in this Title 22, if a complete application, as determined by the Director, was submitted to the Department prior to the effective date of a Zone Change (Chapter 22.198) or an Ordinance Amendment (Chapter 22.244):

1.

The applicant may choose whether the application will be subject to the zoning and regulations that were applicable to the project prior to the effective date of such Zone Change or Ordinance Amendment; and

2.

If the applicant chooses to have the application be subject to the zoning and regulations that were applicable to the project prior to the effective date of such Zone Change or Ordinance Amendment:

a.

The application may be modified prior to consideration by the Commission, Hearing Officer, or Director, and still be subject to the previously applicable zoning and regulations so long as the requested modification does not:

i.

Change the project's housing type (e.g., from single-family residential to two-family or multi-family residential);

ii.

Increase the project's residential density;

iii.

Increase the project's floor area or lot coverage for non-residential space;

iv.

Change the project's tenure;

v.

Increase the amount of grading for the project; or

vi.

Increase the area of ground disturbance resulting from the project.

b.

Such a modification may necessitate submittal by the applicant of revised, updated, or additional materials, including, but not limited to, site plans, elevations, and Oak Tree Reports.

c.

If the requested modification does not meet all of the criteria set forth in this Subsection A.2, the modified project shall be considered a new application subject to the Zone Change or Ordinance Amendment.

B.

Modifications to Approved Permits Requested After Effective Date of Zone Changes and Ordinance Amendments.

1.

If an application for a modification to an approved but not used permit that is valid on the effective date of a Zone Change or Ordinance Amendment, is filed, and the proposed modification is a minor change and will result in a project that substantially conforms with the project previously approved by the permit, as determined by the Director, the modification, at the election of the applicant, may be subject to the zoning and regulations applicable to the permitted use prior to the effective date of Zone Change or Ordinance Amendment. In all other cases, an application for a modification to such a permit shall be considered a new application and shall be subject to the Zone Change or Ordinance Amendment.

2.

If an approved permit has been used prior to the effective date of such Zone Change or Ordinance Amendment and the permit contains a grant term, the permit may continue until the end of the grant term, and, at the end of the grant term, the permit shall cease and the property shall be subject to the provisions of this Title 22 in effect at that time. If, during the grant term, a request for a modification to the previously approved and used permit is made and the modification will result in a project that substantially conforms with the project previously approved by the permit, as determined by the Director, the modification shall be subject to the zoning and regulations applicable to the use prior to the effective date of such Zone Change or Ordinance Amendment. In all other cases, a request for a modification to the previously approved permit shall be subject to the provisions of Title 22 in effect at the time of filing the application for the modification.

3.

If an approved permit has been used prior to the effective date of such Zone Change or Ordinance Amendment and the permit does not have a grant term, the use may continue indefinitely without regard to the amended zoning and amended regulations resulting from such Zone Change or Ordinance Amendment. Notwithstanding the preceding sentence, all applicable provisions in Chapter 22.172 (Nonconforming Uses, Buildings and Structures) regarding nonconforming uses shall apply to the previously approved permit. If a request for a modification to the previously approved permit is made, and the modification will result in a use that substantially conforms with the project previously approved by the permit, as determined by the Director, the modification shall be subject to the zoning and regulations in effect prior to the effective date of such Zone Change or Ordinance Amendment. In all other cases, a request for a modification to the previously approved permit shall be subject to the provisions of this Title 22 in effect at the time of filing the application for the modification.

(Ord. 2021-0018 § 20, 2021; Ord. 2019-0004 § 1, 2019.)

A.

Purpose. The purpose of this Section is to promote the general welfare and enhance livable communities by requiring the use and incorporation of works of publicly accessible art in private development. By doing so, the County preserves and enriches the character and environment of its unincorporated communities; improves the quality of life for those who visit, live, or work in the County; mitigates potential adverse impacts of construction and increased density; fosters the economic vitality of communities; and engages residents, neighborhoods, businesses, and community organizations in creative partnerships with Artists. This Section sets forth requirements for the provision of the Public Art in Private Development Program, in connection with conditions for the design of residential, mixed use, commercial, and industrial development projects, and repair, addition, and alterations of such development projects.

B.

Applicability. The provisions of this Section shall apply to all new Eligible Projects, as defined in Section 22.14.160 (P), that are not entitled as of the effective date of this ordinance.

C.

Exemptions from Public Art in Private Development Program. The following shall be exempt from the provisions of this Section:

1.

Residential, mixed use, commercial or industrial development consisting exclusively of rehabilitation work required for seismic safety or to comply with all 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.

Repair or alterations of an existing building, including replacement of on-site Public Art, that has been partially or completely destroyed by a fire or natural disaster up to the original building valuation. Improvements in excess of the original building valuation shall not be exempt;

4.

Commercial or industrial development projects owned solely by a nonprofit organization, as defined in Section 22.14.140 (N), provided the premises are operated by a nonprofit organization and used exclusively in furtherance of nonprofit purposes;

5.

Commercial or industrial development projects, or portions thereof, that are designed and dedicated exclusively to nonprofit artistic or cultural use. Exempt facilities include museums, theaters, performance arts centers, or other similar facilities as determined appropriate by the Department of Arts and Culture. This exemption does not include gymnasiums or other sports facilities, commercial movie theaters, private recreation facilities, or buildings dedicated primarily to administrative activities; or

6.

All affordable housing, senior citizen housing, and special needs housing, as defined in Section 22.14.010 (A), including, but not limited to, homeless shelters, transitional housing, senior citizen housing development, veteran housing, or special needs housing.

D.

Administration. In accordance with Chapter 2.89 (Department of Arts and Culture) in Title 2 (Administration) of the County Code, the Department of Arts and Culture shall:

1.

Promulgate Policies and Procedures, pursuant to this Section;

2.

Maintain records of Public Art created and supported, pursuant to this Section; and

3.

Report annually to the Board as required by Section 22.246.090.J (Use of Fees Collected).

E.

Establishment of Public Art in Private Development Program. When a development project is subject to the requirements of this Section, any Eligible Project will comply with one or more of the following options, as set forth in further detail in the Policies and Procedures:

1.

One of four categories of Public Art:

a.

Newly commissioned work of permanent art;

b.

Construction, repair, or funding of improvements to cultural facilities on the development site or within a radius as approved by the Department of Arts and Culture;

c.

Restoration, conservation, or preservation of existing publicly accessible Public Art on the development site or within a radius as approved by the Department of Arts and Culture; or

d.

Funding of artistic and cultural programs or services on the development site or within a radius as approved by the Department of Arts and Culture.

2.

Public Art In-Lieu Fee Option. As an alternative to providing Public Art as described in Subsections E.1.a through d, above, the Developer may pay a fee to be deposited in the Public Art in Private Development Fund equal to one percent of the building valuation of a development project. Alternatively, if the Developer provides Public Art as described above, and the value of such Public Art is less than one percent of the building valuation, the Developer shall pay the difference between one percent of the building valuation and the Public Art to the Public Art in Private Development Fund.

F.

Compliance with Public Art in Private Development Program.

1.

When a Developer elects to fulfill the Program Requirement by means other than paying the In-Lieu Fee, no building permit shall be issued until the Department of Arts and Culture has received, approved, and accepted the Art Plan with a proposal committing the Developer to comply with the Program Requirement by a pre-determined date. Once the Developer is notified of acceptance of the Art Plan, the Developer shall submit a Deposit of Security with the County, in such format as specified by the County, in an amount equivalent to one percent of the building's valuation, as defined in Section 22.14.160 (P). No building permit shall issue until the Developer submits the Art Plan and posts a Deposit of Security as described herein. The County may hold the deposit until a Certificate of Occupancy is issued for the development project. The County, in its sole discretion, may provide additional forms of deposit for Developers to satisfy this requirement. A Certificate of Occupancy may be issued, and the deposit in the amount equal to the direct costs expended returned, when approved by the Department of Arts and Culture after the Public Art is determined to be delivered in compliance with this Section and the County's Public Art in Private Development Program Policies and Procedures. If the Program Requirement is not met, and the Developer has been given a reasonable time to cure, the Department of Arts and Culture shall collect on the value of the Deposit of Security and deposit the funds into the Public Art in Private Development Fund.

2.

When a Developer has elected to pay the In-Lieu Fee, pursuant to Subsection E.2 (Public Art In-Lieu Fee Option), above, no building permit shall be issued until such In-Lieu Fee has been paid.

3.

For Public Art placed on the Developer's property, the Public Art is to be owned and maintained by the Developer or, if applicable, by occupants or owners of the subject property. Maintenance of the Public Art

shall be adequately provided for in a covenant as approved by the Department of Arts and Culture, which shall run with the land for a minimum of 25 years, unless a different timeframe is approved by the Department of Arts and Culture. If the nature of the Public Art requires other appropriate provisions be made for the proper care and maintenance of the Public Art, in addition to or in lieu of a covenant, such additional or alternate provisions will be agreed to, pursuant to a form and standards as approved by the Department of Arts and Culture. Any Public Art to be removed, altered, or relocated from the subject property at any time shall be deaccessioned in accordance with the Policies and Procedures.

4.

The cost of services or utilities necessary to operate or maintain the Public Art over time is not included in calculating the value of the Public Art for the purpose of satisfying the Program Requirement.

G.

Public Art Compliance with Zoning Requirements.

1.

The proposed Public Art shall comply with all zoning regulations prescribed by this Title 22, including zoning regulations for the proposed development project, permitted uses for the zone, applicable entitlements for the use, and development standards including, but not limited to, height, parking, and setbacks. Entitlements for the proposed Public Art, if applicable, shall be submitted concurrently with site plans and any required entitlements for the development project.

2.

All on- and off-site Public Art, in conjunction with a development project, located within the geographic area governed by the Marina del Rey Specific Plan shall be submitted to the Design Control Board for review. Any recommendations, including a written report or marked plans, that illustrate the Design Control Board's conclusions relating to the project's architectural design and site planning, shall be submitted to the Commission or Hearing Officer within 120 days of the filing of a Coastal Development Permit application in compliance with Section 22.46.1110.D (Design Control Board).

H.

Public Art Standards.

1.

All Public Art shall comply with the following standards:

a.

The Public Art satisfies the artistic and cultural needs of the development project so as to reduce the need for public artistic or cultural facilities, services or community amenities to serve the patrons, occupants, or owners of the development project, and is responsive to the needs of the community in which the development project or Public Art will be located to be determined by the Department of Arts and Culture;

b.

The Public Art shall be in an area open and publicly accessible at least eight hours each day of at least five days per week;

c.

A cultural facility that is being improved, pursuant to Subsection E.1.b, above, shall be publicly accessible during its regular business hours; and

d.

The Public Art shall be in substantial compliance with any applicable arts and cultural master plan, policies, and implementation procedures adopted by the Board.

2.

For purposes of compliance with Subsection H.1, above, the following costs shall not be included to satisfy the Program Requirement, nor shall any such costs be included in the budget for the proposed Public Art:

a.

Directional elements, such as supergraphics, signage, or color coding;

b.

Artworks that contain a commercial message by referencing, presenting, or promoting a product or service that is available on- or off-site of the subject property through text, image, logo, trademark, or other mechanism;

c.

Mass produced objects, or objects of standard design;

d.

Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, traditional fine art printmaking, or other media arts;

e.

The architecture of the building or facility, or any portion thereof, including decorative, ornamental, or functional elements, unless designed by an Artist specifically commissioned for this design enhancement purpose;

f.

Landscape architecture and landscape gardening, except where these elements are designed by an Artist specifically commissioned for this design enhancement purpose; or

g.

Services or utilities necessary to operate or maintain the Public Art over time.

I.

Public Art in Private Development Fund.

1.

A Public Art in Private Development Fund shall be established and shall continue from year to year. The fund shall consist of one account to be used in all Supervisorial Districts, to be established by the AuditorController and administered by the County Department of Arts and Culture apart from the general revenue funds and accounts of the County. All interest and investment earnings in said fund shall accrue to the use and benefit of the applicable fund.

2.

All Public Art in Private Development In-Lieu Fees received by the County, pursuant to this Section, shall be deposited in the Public Art in Private Development Fund and shall be appropriately accounted for and expended. The fund is authorized to accept gifts, grants, and donations made to the County for Public Art in Private Development.

3.

Any appropriations, gifts, grants, or awards of money or property received for Public Art in Private Development from either public or private donors shall be placed in trust for and inure to the use and benefit of the County for Public Art in Private Development purposes, and such property or funds shall be expended, utilized, and disbursed, pursuant to the provisions of this Section. Any gifts, grants, or awards received subject to a condition shall be expended in accordance with such condition.

J.

Use of In-Lieu Fees Collected.

1.

The Department of Arts and Culture shall make recommendations to the Board for expenditures from the Public Art in Private Development Fund in accordance with County budgetary procedures and adopted Policies and Procedures, which expenditures shall be administered by the Department of Arts and Culture and used exclusively for the acquisition, commissioning, installation, improvement, maintenance, insurance, restoration, conservation, or preservation of Public Art in any form, and the provision of any similar arts or cultural activities, programs, or arts services for the benefit of the County.

2.

The Department of Arts and Culture shall provide an annual report to the Board which outlines Public Art in Private Development activities for the previous fiscal year. The report will detail the provision of Public Art in Private Development undertaken during the year, and the use of all Public Art in Private Development InLieu Fees collected and deposited in the Public Art in Private Development Fund. The report may set priorities for use of the Public Art in Private Development Art Fund in future years.

(Ord. 2021-0047 § 4, 2021.)

Chapter 22.248 - REVIEW OF COUNTY REAL ESTATE ACTIVITIES