Chapter 17.72 — VARIANCES

The sole purpose of a variance shall be to insure that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. No variance shall be granted which would have the effect of granting a special privilege not shared by other properties in the same vicinity and zone.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.1)

The planning commission shall have the authority, subject to the procedures set forth herein to grant variances from any provisions of this code relating to the use and development of land when practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this code, occur by reason of the strict and literal interpretation of any of the provisions of this code. (See Exhibit 17.72.020, Zone Variance Process.)

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273)

EXHIBIT 17.72.020

ZONE VARIANCE PROCESS City of Montebello

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17.72.030 - Application—Form—Fee.

Application for a variance shall be made by the property owner, or an authorized agent, to the planning commission on a form provided for that purpose by the city, and shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.2)

17.72.040 - Application—Accompanying maps and data.

An application for a variance shall be accompanied by maps showing the subject property as well as the surrounding area, plot plans of the subject property showing all existing and proposed buildings and uses, a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code and any other data required by the city planner to adequately present the application to the commission.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.3)

The city planner shall set the request for a variance for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.4)

Before any variance shall be granted, the planning commission shall satisfy itself that the applicant has demonstrated the following facts:

A.

That there are special or unusual circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which do not generally apply to other properties in the vicinity included in the same zone as the subject property;

B.

That due to such special or unusual circumstances, the strict application of the provisions of the code would result in practical difficulties or unnecessary hardships, or would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

C.

That the variance is necessary for the preservation of a substantial property right of the applicant to facilitate a reasonable use of the subject property which right is possessed by other property in the same vicinity and zoning as the subject property;

D.

That the granting of the variance will not cause an adverse effect on the public welfare or surrounding properties; and

E.

That the granting of such variance will be consistent with the general purpose and intent of this code and will not adversely affect the general plan.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.5)

The commission may grant a variance subject to such conditions as the commission finds are warranted by the circumstances involved. The conditions may include the dedication and development of streets adjoining the

property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; and shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.7)

Before any variance granted pursuant to the provisions of this title shall become effective, the applicant shall file a written statement, in the form to be prescribed by the city planner, acknowledging and accepting all of the conditions, if any, imposed upon such variance. Failure to file such written statement with the city planner within thirty days after notice shall automatically terminate the variance.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.12)

A.

Within twenty days after completion of the public hearing, the commission shall announce the findings in a formal resolution on a request for a variance, unless an extension of time has been agreed to by the applicant. The commission may grant, conditionally grant or deny a variance based on the evidence submitted and its own study and knowledge of the circumstances.

B.

The planning commission resolution shall contain the facts and reasons which, in the opinion of the planning commission, make the granting of the variance necessary to carry out the general purpose of this code. The resolution shall set forth those conditions necessary to insure that granting the variance will not adversely affect the surrounding properties or the general welfare of the community.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.6)

Not later than seven days following the planning commission's action in granting or denying the variance, a copy of the resolution shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.8)

Any condition imposed upon the granting of a variance may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the same. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the variance.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.11)

The provisions of Chapter 17.78 of this code regarding appeal of the commission's action and the effective date of approval, shall apply.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.9)

The provisions of Chapter 17.80 of this code, regarding expiration or revocation of a variance, shall apply.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.10)

Where an application for a zone variance or conditional use permit has been denied by the city council, upon an appeal from a decision of the planning commission, if substantially the same application, relating to the same real property, is refiled, within a period of one year after such denial, the action of the commission, after the conduct of a hearing upon such application, shall be to recommend to the city council either the approval, denial or conditional approval of such application. The commission's recommendation shall be forwarded to the city council, and the city council, based upon the hearing to be held before it and the commission's recommendations, shall determine whether the application should be approved, disapproved or conditionally approved.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.13)

Chapter 17.74 - SITE PLAN REVIEW

The purpose of the site plan review is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial and industrial neighborhoods, resulting from the design or layout of a proposed development.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.1)

The planning commission shall have the authority, subject to the procedure and limitations set forth herein, to review and approve, approve with conditions or deny approval of a development plan through a site plan review process.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272)

A site plan review is required for all residential projects resulting in three or more dwelling units and for all commercial and industrial projects involving the construction of five thousand square feet or more of building area. A separate site plan review is not required for projects which require the approval of a conditional use permit.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.2)

Submittal of corrected construction plans for a building permit plan check shall be considered application for a site plan review. The application shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.3)

A.

An application for a site plan review shall include construction plans and a plot plan of the subject property showing proposed buildings, and any adjacent existing buildings or improvements as well as finished grade and floor elevations for a distance of at least twenty feet beyond the boundaries of the proposed development.

B.

In addition, an application shall include a location map showing the subject property as well as the surrounding areas along with a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code, and any other data as may be required by the director of planning to adequately present the application to the planning commission. This resubmittal shall be considered application for a site plan review by the planning commission.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.4)

The director of planning shall set the request for a site plan review for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.5)

Before any site plan review shall be granted, all of the following findings must be made:

A.

That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;

B.

That the proposed design for improvement is consistent with the general plan;

C.

That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.6)

The commission may approve a development plan subject to a site plan review with such conditions as the commission finds are warranted by the circumstances involved. These conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of a building permit and certificate of occupancy; and shall restrict and limit the construction and location of all structures within the development.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.8)

Within twenty days after completion of the public hearing, the planning commission shall announce its findings on the request unless the review period is extended with the consent of the applicant. The commission may approve, conditionally approve or deny a development plan subject to the site plan review process based on the evidence submitted and its own study and knowledge of the circumstances.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.7)

Not later than seven days following the planning commission's action in approving or denying a development plan subject to the site plan review process, a notice shall be mailed to the applicant at the address shown on the application plans and to any other person requesting a copy. Such notice will state the planning commission's decision and all conditions of approval, if any, pursuant to that decision.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.9)

Any condition imposed upon the approval of a development plan subject to a site plan review may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the original application. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable development of the site.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.12)

The provisions of Chapter 17.78 of this code, regarding appeal of the commission's action and the effective date of approval, shall apply.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.10)

The approval of a development plan to the site plan review process shall expire when the building permit application for the development expires, unless otherwise specified by the planning commission.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.11)

Where a development plan subject to the site plan review process is denied by the panning commission, or by the city council upon appeal of the decision of the planning commission, the application may be refiled within one year of such decision only if the basis for the denial as contained in the minutes of the planning commission or city council action is addressed by a revised plan. Any application may be refiled in the same form after one year of the planning commission or city council decision.

(Ord. 2027 § 6 (b) (part), 1990; prior code § 9272.13)

Chapter 17.76 - ZONE CHANGES AND AMENDMENTS

The provisions of this code shall be amended, including, but not limited to, the reclassification of specific properties to different zones (see Exhibit 17.76.010), whenever the public interest, convenience and necessity require.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274)

EXHIBIT 17.76.010

ZONE CHANGE PROCESS

CITY OF MONTEBELLO

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Amendments of the provisions of this code, or the reclassification of specific properties from one zone to another, shall be initiated only in one of the following ways:

A.

By motion of the city council; or

B.

By motion of the planning commission; or

C.

With reference to the reclassification of specific real property, by the owner or an authorized agent, or by the plaintiff in an action of eminent domain with regard to such property.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.1)

Application for a zone change shall be made on a form provided by the city and shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.2)

The city planner shall set the request for a zone change for a public hearing before the planning commission in accordance with the provisions of Chapter 17.78 of this code, Public Hearings, Notices and Appeals.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.3)

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another, where it finds that such conditions must be imposed so that the reclassification shall not create problems harmful to the public health, safety and general welfare.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.8)

The commission shall conduct a noticed public hearing on each proposed amendment and zone change. The city planner shall give notice of the hearing.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.4)

17.76.070 - Amendments—Hearing—Decision.

A.

After conducting a hearing on any proposed amendment, the commission, based upon its decision as to whether the public interest, convenience and necessity so requires, shall take one of the following courses of action:

1.

Recommend to the city council that the requested amendment be granted; or

2.

Recommend to the city council that the requested amendment be granted in part, or as modified by the commission; or

Deny the requested amendment.

B.

The commission's action shall be by resolution. Where the commission's action is to deny the requested amendment, such decision shall be final and conclusive in the absence of an appeal. Where the commission's recommendation is made pursuant to subsection A (1) or (2) of this section, the entire matter requested or initiated shall be considered by the council.

C.

Appeal. The decision of the commission, in the case of a denial of a proposed amendment or classification of zone, shall be final in the absence of an appeal filed within twenty days after the hearing at which the application was desired.

(Ord. 2027 § 6 (a) (part), 1990; prior code §§ 9274.5 and 9274.6)

In the case of an appeal from a decision of the commission, or upon receipt by the city clerk of a commission recommendation relating to an amendment, the clerk shall give the same type of notice of hearing before the council, as is required for hearings before the planning commission. The council shall conduct a new hearing upon such matter, and shall determine whether an amendment is required, in whole or in part, by the public interest, convenience and necessity.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9274.7)

Chapter 17.77 - PARKLAND FEE

Sections:

Except as hereinafter provided, no dwelling shall be constructed, nor shall a building permit be issued for such construction, unless an in-lieu parkland fee has been paid to the city in an amount set forth by resolution of the city council. (Resolution 18-98, 2018)

(Ord. No. 2407, § 2, 10-10-2018)

The fees collected by the city pursuant to this chapter shall be deposited in the parkland fee fund and shall be used for the purchase of, or development of, or repairs, replacements, or renovations to park or recreational facilities. The fees are in addition to any and all other fees paid to the city pursuant to municipal ordinances and regulations.

(Ord. No. 2407, § 2, 10-10-2018)

Chapter 17.78 - PUBLIC HEARINGS, NOTICES AND APPEALS

In conjunction with an application for variance, conditional use permit (see Chapters 17.70 and 17.72 of this code) or any other action where a public hearing is to be held, a list of names and addresses of all owners of property surrounding the subject property shall be submitted by the applicant with the application. The list shall include the owners of all property within a radius of three hundred feet of the exterior boundaries of the subject property and the list shall be accompanied by an affidavit certifying that it is a true and correct list taken from the latest available assessment roll of Los Angeles County.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.1)

When an application has been filed for a variance, conditional use permit or any other action requiring a public hearing, and it has been determined that the filing fee and all required maps and other data have been submitted and accepted by the city planner, the matter shall then be scheduled for public hearing. The date for the public hearing shall be set by the city planner and shall be held as soon as possible following receipt of the complete application.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.2)

Notice (for tentative tracts, zone changes, planned developments, code amendments) of the time and place of the public hearing shall be published in a newspaper of general circulation in the city at least ten days prior to the public hearing.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.3)

17.78.040 - Notice of public hearing—Notification of surrounding property owners.

At least ten days prior to the public hearing, the city planner shall send a notice of the public hearing by first class mail as described in Section 17.78.010. Failure of property owners to receive notice of the hearing shall in no way affect the validity of the action taken, providing the required notification has been duly given in accordance with the provisions of this chapter.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.4)

A public hearing on any zoning matter before the commission shall be conducted in accordance with the rules and procedures established for such hearings by the commission, and a public hearing on any zoning matter before the council shall be conducted in accordance with the rules and procedures established for such hearings by the council. In the case of a hearing on an order of abatement, the commission and/or council may extend the prima facie periods of abatement, as set forth in Chapter 17.54 of this code in order to establish a reasonable period of abatement, based upon the facts presented.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.5)

17.78.060 - Appeal of decision of director of planning.

An appeal may be filed, with the secretary of the planning commission, of a decision by the director of planning. The decision shall be, for all purposes, final and conclusive unless within thirty days after a notice of the decision (if a written notice is sent) an appeal if filed. The secretary of the commission, upon receipt of a timely appeal, shall set the matter for public hearing before the planning commission and shall give notice of the time and place of the hearing. In the absence of the timely filing of an appeal, the decision of the commission shall be final and conclusive.

(Ord. 2167 § 4, 1997: Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.6)

The decision of the planning commission in granting or denying a variance, conditional use permit or order of abatement shall go into effect twenty days, or upon the day following the first regular city council meeting after its decision, whichever shall occur first, unless within such period of time an appeal in writing is filed by the applicant or an opponent with the city clerk. At the same time as the filing of an appeal, the appealing party shall pay a filing and processing fee in a sum to be set by resolution of the city council. Within this period of time, the city council, on its own motion, may appeal the decision of the planning commission. In the case of an appeal or an order of abatement, upon the adoption by the commission of a decision on a appeal, the secretary of the commission shall give written notice of the same.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.7)

Upon receipt of an appeal resulting from any planning commission determination, the city council shall set the matter for hearing before itself within thirty days from the receipt of the appeal. Notice of the hearing shall be given in accordance with the provisions hereof of all matters which have previously been subject to a public hearing before the planning commission. At such hearing, the city council shall make the same findings and consider the same criteria as required of the planning commission. The secretary of the planning commission, upon notice from the city clerk that an appeal has been timely filed, shall transmit to the city clerk the planning commission's complete record of the case.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.8)

17.78.090 - Appeal of planning commission decision—Announcement of findings and decision.

The city council shall announce its findings and decision by formal resolution. In the case of an appeal or an order of abatement, upon the adoption by the council of a decision on an appeal, the city clerk shall give written notice of the same.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.9)

Any action by the city council on such matters shall be final.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.10)

No later than seven days following the adoption of a resolution, a copy of the resolution shall be mailed by the city clerk to the applicant and to any other parties requesting notice of action.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.11)

No later than seven days following the adoption of a resolution, a copy of the resolution shall be mailed by the secretary of the commission to the applicant and to any other parties requesting notice of action.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.12)

17.78.130 - Council decisions contrary to planning commission action—Referral to planning commission.

If the decision of the city council is in any way contrary to the action taken by the planning commission, the city council shall refer their findings to the planning commission and request a further report of the planning commission on the matter. Failure of the planning commission to report to the city council within forty days after reference may be deemed to be approval by the planning commission of any proposed change.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9275.13)

Chapter 17.79 - ART IN PUBLIC PLACES PROGRAM

This chapter may be known and cited as the city of Montebello "Art in Public Places Program." The intent of the Art in Public Places Program is to provide a collection of artwork throughout the city to be of public benefit. The program is designed to present the community with a variety of artwork styles and themes, all of the highest possible quality.

(Ord. No. 2465, § 2, 9-13-2023)

17.79.020 - Definitions.

As used in this chapter:

"Acquire and install" means the developer will be responsible to select an artist and obtain proper approval regarding the artwork and the placement of the artwork as per this chapter.

"Artwork" means durable creations that may be original or limited editions of art that may include, but is not limited to, sculptures, murals, monuments, frescoes, fountains, mosaics, paintings, stained glass, or ceramics.

These creations are not limited by medium used, but may be realized through media such as steel, bronze, marble, stained glass, concrete, wood, ceramic tile and stone, as well as, other suitable materials.

"Consultant" means the art in public places advisory consultant.

"Director" means the director of the planning and community department of the city of Montebello.

"Department" means the planning and community department of the city of Montebello.

"Project" means the type of development being proposed, whether commercial, industrial, manufacturing, open space or residential. A project may include new construction, additions, expansions, remodels, façade improvements, interior tenant improvements, alterations, repairs, removals and demolitions.

"Project applicant" means the property owner, developer or other responsible party proposing the project and seeking the required permits.

"Project cost" means the building valuation for a particular building or improvement, excluding the land value, as determined by the city's building official, and indicated on the building permits issued by the city for that project.

"Project site" means the location of the improvements being developed.

"Public place" means any area on public or private property within the city of Montebello, either interior or exterior, which must be easily accessible and visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk.

(Ord. No. 2465, § 2, 9-13-2023)

17.79.030 - Requirement to provide artwork or pay in-lieu contribution.

When a project is subject to the requirements of this chapter, the project applicant shall comply with provisions of either subsection (A) or (B) or a combination of both.

A.

The project applicant shall acquire and install an artwork in a public place on or in the vicinity of the project site as approved by the director pursuant to this chapter. The artwork shall have a cost or value that is calculated as follows:

1.

For commercial, industrial, or manufacturing projects listed in Section 17.79.040, the cost or value of the artwork shall be an amount equal to or greater than one percent of the project costs if project costs are equal to or greater than two hundred fifty thousand dollars; project costs that are under two million dollars will be subject to a point five percent impact fee pursuant to this chapter. No credit will be provided for demolished structures.

2.

For residential projects listed in Section 17.79.040, the cost or value of the artwork shall be an amount equal to or greater than one percent of the project costs for all projects, including mixed-use projects, with fifty or more dwelling units. No credit will be provided for demolished residential units.

Project applicants shall indicate on their art in public places application that they wish to acquire and install artwork per the ordinance codified in this chapter. The director can assist the project applicant in locating information on artists should they desire assistance. The timing of the installation of the artwork shall be pursuant to Section 17.79.050I.

B.

In-lieu of acquiring and installing an artwork, project applicants shall contribute funds to the art in public places account established pursuant to Section 17.79.080. The in-lieu fee shall be calculated as follows:

1.

For commercial, industrial, or manufacturing development projects listed in Section 17.79.040, the in-lieu fee shall be an amount equal to or greater than one percent of the project costs if project costs are equal to or

greater than two hundred fifty thousand dollars; project costs that are under two million dollars will be subject to a point five percent impact fee pursuant to this chapter. No credit will be provided for demolished structures.

2.

For residential development projects listed in Section 17.79.040, the in-lieu fee shall be an amount equal to or greater than one percent of the project costs for all projects, including mixed-use projects, with fifty or more dwelling units. No credit will be provided for demolished residential units.

3.

The in-lieu fee shall be paid pursuant to Section 17.79.050J. Project applicants shall indicate on their art in public places application that they wish to make an in-lieu contribution.

(Ord. No. 2465, § 2, 9-13-2023)

17.79.040 - Projects subject to art in public places requirement.

The requirements of this chapter shall apply to the following activities:

A.

Commercial, industrial, or manufacturing development projects including, but not limited to, new construction, additions, expansions, remodels, façade improvements, interior tenant improvements, alterations, repairs, removals and demolitions. The term "new commercial, industrial, or manufacturing developments" is defined to include all those listed within Title 17 of the MMC.

B.

Residential development projects, including:

1.

New residential development projects of more than fifty units, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units; and

2.

Development projects on existing residential developments of more than fifty units, including, but not limited to, new construction, additions, expansions, remodels, façade improvements, interior tenant improvements, alterations, repairs, removals and demolitions. The term "residential development" is defined to include all those listed within Title 17 of the Montebello Municipal Code.

Exceptions. The requirements of this chapter shall not apply to the following activities or projects:

1.

Public projects undertaken by any agency of the city, state, county, school district or any other governmental entity;

2.

Reconstruction of structures that have been damaged by fire, flood, wind, earthquake or other calamity;

3.

One hundred percent affordable housing developments receiving city, state or federal assistance;

4.

Performing arts facilities;

5.

Museums;

6.

Senior housing projects; and

7.

Projects owned and developed exclusively by nonprofit organizations qualified under Section 501(c)(3) of the United States Internal Revenue Code. Organizations must provide the following to be granted an exemption:

a.

A certificate of filing, certificate of status, certificate of incorporation, or exemption determination letter of the California Secretary of State (Revenue and Taxation Code Section 26451.3 provides that the Exemption Application FTB3500, together with any supporting documents, shall be open to public inspection, if granted); or

b.

A determination letter of Internal Revenue Service (IRS) recognition of their Section of 501(c)(3) exempt status (an organization that submits an application to the IRS and has it approved must make a copy of the application and supporting documents, as well as, any letter issued by the IRS, available for public inspection).

C.

Requesting an Exemption. When a project applicant seeks an exemption from the requirements of this chapter, they must do the following:

1.

Once a project applicant is made aware of the requirements of this chapter and the qualifying project developments that trigger such requirements, they must within thirty days send a letter to the director stating why the project applicant feels that the project should not be subject to the requirements established in Section 17.79.040 and that an exemption is requested.

2.

The director will provide the exemption request to the art in public places advisory consultant for review. Once the consultant has reviewed the request, it shall forward its recommendation to the planning commission for final decision.

(Ord. No. 2465, § 2, 9-13-2023)

The requirements and procedures for the processing of an art in public places application shall be as follows:

A.

When a project application is submitted to the planning and community development department, the application shall be processed pursuant to the ordinance codified in this chapter and an art in public places application form will be provided.

B.

Thereafter, the project applicant shall submit to the Department a completed art in public places application form. Guidelines for the submission of all applications required under this chapter are listed in Section 17.79.070.

C.

Upon receipt of the art in public places application, the department shall maintain proof of the filing. If the project applicant has chosen to acquire and install artwork, the consultant will review the application, which shall include a proposal that details the artwork. The application shall be reviewed and deemed complete by the director of planning and community development or designee prior to review by the art in public places advisory consultant.

D.

The art in public places advisory consultant shall review all proposed artwork and make its recommendation to the director for action based on the following findings:

1.

Complies with the provisions of this chapter;

2.

Protects the general health, safety and welfare of the city; and

3.

Meets requirements of artistic merit.

E.

Any person interested in and affected by the proposed artwork may file written protests or objections with the city clerk prior to the issuance of a permit by the city, per instructions provided in the application package. Each such protest or objection must contain a description of the property and artwork being appealed. Upon the hour and date set for the final review, the city's city manager ("city manager") shall hear and pass upon the application together with any objections or protests that may be raised by any person.

F.

The director, based upon the guidelines set forth in Section 17.79.070, approve, approve in part, conditionally approve or deny the application.

G.

The final decision by the director shall be confirmed by director's determination. Said determination shall include a finding of whether the cost or value of the artwork equals or exceeds the amount of the in-lieu contribution which the applicant seeks to satisfy. The decision of the director on the application shall be final and conclusive (unless an appeal has been filed with the city clerk in conformance with paragraph 5) with authority to revoke permits for non- compliance.

H.

When the project applicant has elected to acquire and install an artwork, the building permit shall not be issued until the director has approved the art in public places application, and occupancy shall not be allowed until the approved work of art has been installed unless an in-lieu fee is paid as a deposit in the full amount of the artwork cost or value as required in Section 17.79.030A. to secure the proper installation of the artwork within a reasonable period of time as specified by the director.

I.

When the project applicant has elected to pay an in-lieu fee to the art in public places account, a building permit shall not be issued until such fee has been paid, unless otherwise authorized by the director.

(Ord. No. 2465, § 2, 9-13-2023)

An art in public places advisory consultant shall be selected by the city council to review the applications and examine the proposals for public safety, weather resistance, compliance with program, verification of value, public response, proper lighting, public accessibility, relevance, installation methods, proportion, composition, the artist's previous experience, and the artist's art training and exhibition record.

(Ord. No. 2465, § 2, 9-13-2023)

Guidelines for the approval and maintenance of artworks shall include, but are not limited to, the following criteria:

A.

The composition of the proposed artwork shall be of a permanent material which will be durable against vandalism, theft, weather and will require a low level of maintenance. The property owner shall maintain insurance for the artwork at all times equivalent to the current market value of the artwork.

B.

The artwork shall be complimentary to its surrounding environment, including adjacent buildings, landscaping, and other natural features, as it relates to scale, proportion, material, form and content.

C.

The artwork shall be designed and constructed by persons experienced and trained in the production of such artwork and recognized by art critics and by his/her peers as one who produces works of art.

D.

The artistic merit of the artwork proposal will be evaluated by the art in public places advisory consultant. Examples of the artist's past work, such as, solo and group exhibit records, records of the artist's work in private and public collections, art training, art education and printed critiques of past work, must be provided. Examples of similar work by the artist will be reviewed by the art in public places advisory consultant. 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 shall be submitted in the form of a 3-D model, color renderings or perspective drawings, from various viewpoints, subject to the review of the director of planning and community development or designee.

E.

Placement of the artwork in a public place on or in the vicinity of the project site as approved by the director pursuant to this chapter shall be showcased at the project site to allow for unobstructed viewing from as many angles as possible and shall serve as a focal point of the project site. Once the artwork has been installed, the property owner shall not obstruct viewing of any or all of the artwork. Owner may temporarily obstruct the piece in order to perform maintenance or repairs of the artwork.

F.

The artwork shall be maintained by the property owner in a safe, neat and orderly manner acceptable to the city. The property owner shall obtain from the artist maintenance instructions to follow including methods to maintain the artwork and the frequency of maintenance.

G.

In the event that any artwork placed on the development as a result of the ordinance codified in this chapter is removed or destroyed, developer shall, within one hundred eighty days of the removal or destruction, replace it with artwork which meets the requirements of this chapter. The replacement artwork must be equal in value to the removed/destroyed artwork's fair market value immediately prior to its removal or destruction.

H.

The artwork shall become the property of the city of Montebello prior to the issuance of a certificate of occupancy by the building and safety division.

I.

Prior to issuance of a certificate of occupancy for projects subject to the art in public places requirement, the property owner, at his/her expense, shall:

1.

Install the artwork;

2.

Execute and record with the Los Angeles County Recorder covenants, conditions and restrictions in form and content approved by the city manager and the city attorney providing, among other things, that the artwork is the property of the city of Montebello and that property owner and its successors, heirs and assigns shall maintain the artwork as required by subsection (F) above;

Indemnify, defend and hold the city, its officers, employees and agents and related parties harmless from any and all claims or liabilities arising out of the artwork; and

4.

Maintain in the city clerk's office a certificate of public liability insurance, naming the city as an additional insured in an amount not less than one million dollars.

J.

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

K.

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, the date, and the Montebello Art in Public Places program.

L.

When selecting the location for artwork purchased through the art in public places account, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, etc. Lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.

M.

The following items are not to be considered as artwork:

1.

Art objects or antique objects that are mass-produced from a standard design;

2.

Reproductions of original artworks, with respect to copyrights and any other clearly defined residual rights, when not an integral part of an artwork or concept as presented in early design and concept phases;

3.

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

4.

Ornamental planting, except where these elements are designed or approved by the artist and are an integral part of the artwork by the artist.

(Ord. No. 2465, § 2, 9-13-2023)

A.

Accounting. Any monies collected by the city 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 account." the city manager, director of finance, or designee shall establish accounting records sufficient to identify and control these funds. Furthermore, the city manager, director of finance, or designee shall have discretion over how to account for the in-lieu monies, as per current accounting pronouncements and recognized best practices.

B.

Use of Account. The art in public places account shall be used to provide sites for, and artwork in public places in order to further the intent and purpose of this chapter as set forth in Section 17.79.010.

C.

Permissible Expenditures. Expenditures of funds shall be strictly limited to the following enumerated uses:

1.

The cost of artwork and its installation;

2.

Plaques for each artwork, as required by 17.79.060K. of this chapter;

3.

Educational, promotional and any other such materials relating to artworks funded through the art in public places account;

4.

Frames, mats, pedestals and other objects necessary for the proper presentation of the artwork;

5.

Walls, pools, water features, planting, lighting, architectural or landscape architectural elements, and other objects necessary for the proper aesthetic and structural placement of the artwork;

6.

Maintenance and repair of artworks funded through the art in public places account;

7.

Events and ceremonies regarding the artwork to promote community awareness, outreach and education; and

8.

Administrative expenses, including, but not limited to, legal, art consultant fees, research, travel costs and appraisal fees, to otherwise implement, uphold or carry out any provision of this chapter.

D.

Administration.

1.

The art in public places account shall be managed and administered in the same manner as all of the city's accounts.

2.

The art in public places advisory consultant shall make recommendations to the director concerning the purchase or commissioning of artworks, including:

a.

Places which should be considered for artworks; and

b.

The medium of the proposed artwork; and

c.

The artist whose work should be considered for placement in the recommended location;

d.

The subject matter and theme of the artwork; and

e.

The composition of the artwork.

3.

Selection of artists and artworks shall be based on the guidelines set forth in Section 17.79.060.

4.

The city will contract with the artist and with consultants, as necessary, for the purchase or commissioning, as well as, the execution and installation of the artwork.

5.

On-site activity in connection with the artwork installation shall be coordinated by the director or designee.

(Ord. No. 2465, § 2, 9-13-2023)

Chapter 17.80 - REVOCATIONS AND EXPIRATIONS

Any zone variance or conditional use permit granted by the planning commission may be revoked by the commission, and any such approval granted by the city council may be revoked by the council.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276)

Any zone variance or conditional use permit may be revoked and nullified if it is found that any one of the following conditions apply:

A.

That the approval was obtained by fraud or faulty information;

B.

That the conditional use permit or zone variance has been or is being used contrary to the terms or conditions of approval, or is in violation of any statute, ordinance, law or regulation;

C.

That the use is being exercised in such a way as to be detrimental to the public health, safety or welfare or in such a way as to constitute a public nuisance;

D.

That the use for which approval was granted has ceased to exist or has been suspended for six months.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.1)

If the commission or the council intends to consider revocation of approval granted by the commission or council, written notice of the time and place of the hearing shall be sent by mail to the owner or operator of the premises involved and to surrounding property owners as set forth in Chapter 17.78 of this code, at least ten days prior to the hearing.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.2)

17.80.040 - Revocation—Hearing—Determination.

A.

The planning commission or council shall hold a hearing on the matter of a proposed revocation. The hearing shall be conducted in the time and manner set forth in Chapter 17.78 of this code.

B.

At the time and place of such hearing, the body conducting the hearing shall determine whether any one of the facts, set forth in Section 17.80.020 are present. If the body conducting the hearing determines that any one of such facts are present, it shall revoke the zone variance or conditional use permit.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.3)

17.80.050 - Revocation—Appeal.

If the revocation proceeding is conducted before the planning commission, the decision of the commission shall be subject to an appeal to the city council in the time and manner as set forth in Chapter 17.78 of this code. In the absence of such appeal, the decision shall be final. The action of the city council, either upon an appeal, or as the conducting body, shall be final for all purposes.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.4)

If the use permitted pursuant to the grant of a zone variance or conditional use permit is not exercised within the time permitted by this section, such zone variance or conditional use permit shall be null and void. The exercise of such rights shall be commenced within the time permitted by the resolution granting such a zone variance or conditional use permit. If no time is specified, then, for all purposes, such a time for exercise of right shall be a period of one year from and after the adoption of the resolution granting such zone variance or conditional use permit.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.5)

17.80.070 - Exercise of rights—Initial extension of time limit.

The granting body, upon good cause shown by the applicant, may extend the time permitted hereby for the exercise of such rights, for a period not to exceed one year:

A.

Requests for extensions of time within which to exercise the rights under a zone variance or conditional use permit, shall be made prior to the expiration date.

B.

Such requests shall be in writing and shall be filed with the secretary of the commission or city clerk (if the original permit was granted by the city council).

C.

Upon the filing of such a written request, the time for the exercise of rights under the zone variance or conditional use permit shall be automatically extended until the granting body determines whether or not the request is to be granted, but no automatic extension will be for a period longer than thirty days, except as provided.

D.

Where the granting body is the city council, if no action is taken upon such request within a period of thirty days after the filing, the same shall be denied.

E.

Where the granting body is the planning commission, and the commission either denies the request, or fails, within a period of thirty days, to take action, the same shall be deemed denied, unless within ten days after such request has been denied by the commission, or within ten days after the expiration of the thirty-day period, an appeal is filed, in writing, with the city clerk.

F.

Where an appeal is taken from the commission's action, the expiration date for the zone variance or conditional use permit shall be automatically extended for a period of thirty days after the filing with the city clerk. If the council fails to act upon the request within the thirty-day period, the same shall be denied.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.6)

An additional extension of time beyond one year may be granted by the granting body, where the applicant, after a public hearing, in the time and manner set forth in Chapter 17.78 of this code shows to the reasonable satisfaction of the body that the exercise of such rights was prevented by causes outside of the applicant's control. Such time extensions shall be for reasonable periods of time, not exceeding one year for each extension.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.7)

Chapter 17.90 - PROHIBITION OF FEEDING OF WILDFOWL, PIGEONS, DUCKS, SQUIRRELS, FERAL CATS, WILD DOGS AND UNLICENSED ANIMALS WHICH ARE NOT PERSONAL PETS

Sections:

The large numbers of wildfowl, pigeons, ducks, squirrels, feral cats, wild dogs and unlicensed animals which are not personal pets of an owner in the city have, at present, become a nuisance, causing defacement, deterioration, litter, and damage to public and private property. The ordinance codified in this chapter seeks to prohibit feeding of wildfowl, pigeons, ducks, squirrels, feral cats, wild dogs and unlicensed animals which are not personal pets of an owner on public streets and public and private property, and thereby discourages the maintenance and breeding of in wildfowl, pigeons, ducks, squirrels, feral cats, wild dogs and unlicensed animals which are not personal pets of an owner in the city.

(Ord. No. 2408, § 2, 10-10-2018)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Feed" means to give, place, expose, deposit, scatter or distribute any edible material, including but not limited to, grain, seed, greens, bread, fruit, pet food or other miscellaneous food scraps with the intention of feeding, attracting or enticing wildlife.

"Person" means natural person, firm, corporation or association.

"Public property" means any real property owned by any state, county or local governmental entity within the city.

"Public street" means any public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, alley, court, including the right-of-way for vehicular traffic, gutter, curb, parking, and sidewalk.

"Wild pigeon" means any bird of the family Columbidae, but shall not apply to any pigeon that is under the care and control of any person.

(Ord. No. 2408, § 2, 10-10-2018)

It is a nuisance for any person to feed any wildfowl, pigeons, ducks, squirrels, feral cats, wild dogs and unlicensed animals which are not personal pets of an owner on any public street or any public or private property within the city.

(Ord. No. 2408, § 2, 10-10-2018)

17.90.040 - Violation and penalty.

Any person violating any of the provisions of the ordinance codified in this chapter is guilty of an infraction and, upon conviction thereof, shall be punishable by a fine of not more than fifty dollars for the first violation; a fine not exceeding one hundred dollars for the second violation of the same section of this chapter within one year; and a fine not exceeding two hundred fifty dollars for each additional violation of the same section of this chapter within one year.

(Ord. No. 2408, § 2, 10-10-2018)