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Beverly Hills Overview
Beverly Hills, CA Code of Ordinances
CITY CODE of BEVERLY HILLS, CALIFORNIA
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION, PERSONNEL, AND PROCEDURES
TITLE 3 TAXATION, FINANCE, PURCHASING, AND RISK MANAGEMENT
TITLE 4 REGULATION OF CERTAIN TYPES OF BUSINESSES AND ACTIVITIES
TITLE 5 PUBLIC HEALTH, WELFARE, AND SANITATION
TITLE 6 UTILITIES AND FRANCHISES
TITLE 7 TRAFFIC, PARKING, AND PUBLIC TRANSPORTATION
TITLE 8 PARKS, STREETS, AND OTHER PUBLIC PROPERTY
TITLE 9 BUILDING AND PROPERTY HEALTH AND SAFETY REGULATIONS
TITLE 10 PLANNING AND ZONING
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3-1-813: GIFTS OF FINE ART:
   A.   All proposed gifts to the city of fine art with a value in excess of ten thousand dollars ($10,000.00) that are proposed to be installed in a "public place" (as such term is defined in subsection 3-1-807A of this chapter) shall be reviewed by the fine art commission in accordance with the terms of this article, prior to being presented to city council for consideration of acceptance. Nothing herein shall prevent the city council from accepting gifts of fine art with a value in excess of ten thousand dollars ($10,000.00) that will not be displayed in a public place, without review by the fine art commission.
   B.   If the donor requests a receipt from the city containing a specified value of the donated art, such donor will need to provide an appraisal to the city which supports the stated value. (Ord. 15-O-2672, eff. 2-6-2015)
3-1-814: DEACCESSIONING OF CITY OWNED FINE ART:
   A.   Introduction: Deaccessioning is a legitimate part of the formation and care of a collection. However, deaccessioning should be a deliberate and seldom used procedure. It is the policy of the city not to dispose of artwork simply because it is not currently in fashion, and not to dispose of work whose worth might not yet be recognized.
   B.   Definition: "Deaccessioning" shall mean any actions or set of procedures that result in the cessation by the city of its ownership and possession of works of art, through sale, exchange, gift or any other means not in conflict with state or federal law.
   C.   Conditions:
      1.   No artwork shall be deaccessioned within five (5) years of acquisition by the city or installation unless:
         a.   The piece poses a threat to public health or safety;
         b.   Authenticity was misrepresented at the time of acquisition or installation;
         c.   There is a valid challenge to title; or
         d.   It possesses faults of design or workmanship that result in excessive or unreasonable maintenance, and/or damage to an extent where repair is unreasonable or impractical.
      2.   Once the five (5) year period has lapsed, the fine art commission may recommend to the city council the deaccessioning of any work of art if any of the following conditions apply:
         a.   The cost to repair the work is more than fifty percent (50%) of current appraised value, or the work is so deteriorated that restoration would prove unfeasible or misleading;
         b.   Destruction of, or changes to, the site where the art is located threaten the artwork's survival or result in a significant diminishing of its artistic integrity or accessibility; or
         c.   The fine art commission determines that there is an exceptional and unforeseen reason for removing the artwork from its current site, and no other suitable site in the city can be found.
   D.   Procedures: If the conditions for deaccessioning are met, the following information, as appropriate, shall be considered by the fine art commission at a formal meeting:
      1.   Reasons for the proposed deaccessioning;
      2.   Opinion of the city attorney's office, if necessary;
      3.   Process of acquisition method and cost and/or value at the time of acquisition;
      4.   Expert appraisal of the current market value of the work;
      5.   Costs associated with deaccessioning or removal;
      6.   A condition report from a professional conservator; and
      7.   Professional fees associated with the subsequent sale, auction, donation or trade of the artwork.
At the discretion of the fine art commission, where applicable and achievable, the original donor of the work may be given right of first refusal to purchase the work within sixty (60) days of notification. No works may be sold, traded or transferred to a member of the fine art commission, city of Beverly Hills officials or staff or their agents.
Nothing in this section shall prohibit the city council from deaccessioning any piece of city owned art, at any time, if the city council determines that deaccessioning is in the public interest and that following the procedures set forth in this section is not in the public interest. (Ord. 15-O-2672, eff. 2-6-2015)
ARTICLE 9. DEVELOPMENT FEES
3-1-901: SHORT TITLE:
This article may be referred to as the TRANSPORTATION FACILITIES AND PROGRAMS DEVELOPMENT FEE ORDINANCE of the city of Beverly Hills. (Ord. 89-O-2076, eff. 11-16-1989)
3-1-902: PURPOSE:
The purpose of this article is to establish a transportation facilities and program development fee (hereinafter the "development fee") that imposes upon future commercial, industrial and multiple-family residential development projects an equitable share of the cost of mitigating future transportation facilities and programs needs created by such project. (Ord. 89-O-2076, eff. 11-16-1989)
3-1-903: DEFINITIONS:
For the purposes of this article, the following terms shall be defined as follows:
BUILDING PERMIT: A "building permit" as defined in the uniform building code.
CERTIFICATE OF OCCUPANCY: An entitlement to occupy and use a building granted pursuant to section 10-3-2724 of this code.
COMMERCIAL OR INDUSTRIAL DEVELOPMENT PROJECT: The construction or addition of commercial or industrial "floor area", as defined in section 10-3-100 of this code, which requires a building permit. "Commercial or industrial development project" also shall mean any change of use of property which requires a building permit and which will generate additional peak time trips above which can be reasonably associated with the most recent use of the property.
DEVELOPER: The applicant of a building permit for either a commercial or industrial development project or a multiple-family development project.
GOVERNMENTAL OR PUBLIC FACILITIES: Publicly owned or operated buildings and structures used for the purposes of conducting city, county, state or federal government business. Such facilities shall include, but not be limited to, city halls, police and fire stations, offices, equipment yards, sanitation facilities, schools, recreation centers, and similar facilities. Private commercial development projects leasing publicly owned land shall not be considered governmental or public facilities.
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT PROJECT: The construction of a building used for multiple-family occupancy and the addition of dwelling units to a building used for multiple-family occupancy.
TRANSPORTATION FACILITIES: Transportation system improvement projects that require physical alteration of the transportation system, including ancillary equipment and facilities. Examples of transportation facilities include, but are not limited to, roadway improvements, signalization improvements, and other ancillary public right of way improvements.
TRANSPORTATION PROGRAMS: Transportation system improvement projects that do not require physical alteration of the transportation system. Examples of transportation programs include, but are not limited to, ridesharing programs, transit subsidies, alternative work week scheduling, education/marketing programs designed to reduce automobile trips, and the personnel and administrative costs of such programs.
TRANSPORTATION SYSTEM FACILITIES AND PROGRAMS IMPROVEMENT PLAN: A systematic program for improving the transportation system specified in the plan in order to mitigate the adverse impacts on such transportation system by new development. The plan shall describe the nature and extent of these improvements and their associated cost estimates. The plan shall be approved by the city council prior to or currently with the adoption of a resolution establishing the amount of the development fee. (Ord. 89-O-2076, eff. 11-16-1989)
3-1-904: ESTABLISHMENT OF A TRANSPORTATION FACILITIES AND PROGRAMS DEVELOPMENT FEE:
Except as otherwise provided in this article, developers of commercial, industrial or multiple-family development projects shall pay a development fee in an amount established by resolution of the city council. The resolution may provide that the fee shall be paid only by those developments located within the boundaries of the transportation district defined by such resolution. The development fee established by resolution shall be based upon the cost to construct transportation system facilities and implement transportation programs to mitigate the additional peak time trips generated by new commercial, industrial and multi-family residential development anticipated to be constructed by January 1, 2000. (Ord. 89-O-2076, eff. 11-16-1989)
3-1-905: ESTABLISHMENT OF APPLICATION FEE:
Except as otherwise provided in this article, developers of commercial, industrial or multiple-family development projects shall pay a transportation facilities and programs development application fee (hereinafter the "application fee") in an amount established by resolution of the city council. The application fee shall be based on the estimated administrative and personnel costs of determining the amount of development fees to be paid by the developer. (Ord. 89-O-2076, eff. 11-16-1989)
3-1-906: EXEMPTIONS:
The following developments shall be exempt from the requirements of this article:
   A.   Governmental or public facilities.
   B.   Single-family residential development.
   C.   Churches, temples, synagogues, and other buildings or structures used for religious worship.
   D.   Public elementary schools and secondary schools.
   E.   Private schools which meet the requirements contained in California Education Code section 48222, or its successor, so that attendance at such schools complies with California compulsory education requirements.
   F.   Dwelling units in a multiple-family residential development which are reserved and restricted for occupancy by very low, low or moderate income households as defined under state law. (Ord. 89-O-2076, eff. 11-16-1989)
3-1-907: CALCULATION OF REQUIRED FEES:
The director of transportation and engineering, or the director's designee, shall be responsible for calculating the transportation facilities and programs development fees required by this article. This calculation shall be made at the time of application for the building permit for the commercial, industrial or multiple-family residential development project. (Ord. 89-O-2076, eff. 1-16-1989)
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