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SEC. 12.26.  DEPARTMENT OF BUILDING AND SAFETY.
 
   A.   Enforcement. The Department is granted the power to enforce the zoning ordinances of the City.  (First Sentence Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
 
   1.   Zoning Information – The Department of Building and Safety shall maintain a public information bureau relative to zoning matters.
 
   2.   Permits – No permit pertaining to the use of land or buildings shall be issued by any department, officer, or employee of this City, vested with such duty, unless the application for the permit has been approved by the Department of Building and Safety as to conformance of said use with the provisions of this chapter. Any permit or certificate of occupancy, issued in conflict with the provisions of this chapter shall be null and void.
 
   3.   Vesting of Development Plan(Amended by Ord. No. 173,492, Eff. 10/10/00.) Whenever plans sufficient for a complete plan check are accepted by the Department of Building and Safety and a fee is paid, a vested right is granted to the project to proceed with its development in substantial compliance with the zoning, and development rules, regulations, ordinances and adopted policies of the City of Los Angeles in force on the date that the plan check fee is paid as indicated on a valid building permit application. These rights shall not include exemption from other applications or approvals that may be necessary to entitle the project to proceed (i.e., subdivision, zone variance, design review board review, etc.) and from subsequent changes in the Building and Safety and Fire regulations found necessary by the City Council to protect the public health and safety and which are applicable on a citywide basis, contained in Chapters V and IX of this Code and policies and standards relating to those chapters or from citywide programs enacted after the application is deemed complete to implement State or Federal mandates.
 
   These rights shall end:  (Amended by Ord. No. 182,106, Eff. 5/20/12.)
 
   (a)   18 months after the plan check fee is paid, or if a permit is issued during that time, when the building permit terminates pursuant to Section 98.0602;
 
   (b)   when subsequent changes are made to those plans that increase or decrease the height, floor area, or occupant load of the proposed-structure by more than five percent;
 
   (c)   when the use of the property is changed;
 
   (d)   when changes exceed or violate the Zoning Code regulations in force on the date the plan check fee was paid; or
 
   (e)   when the discretionary land use approval for the project terminates under the provisions of Chapter 1 of this Code or any ordinance adopted pursuant to Chapter 1 of this Code.
 
   B.   Yard Area Modifications  (Amended by Ord. No. 170,141, Eff. 1/2/95.) - Section 98.0403.1(a)11. of the Los Angeles Municipal Code provides in part that:
 
   “The Department shall have the power to hear and determine requests for slight modifications for individual cases in the yard area requirements of the zoning ordinance, provided that in each such modification, the Superintendent shall first find that a special, individual reason makes the strict letter of the ordinance impractical and that the modification is in conformity with the spirit and purpose of the ordinance involved.  Any action granting a modification shall be recorded and entered in the files of the Department.
 
   “For structures and additions constructed after January 1, 1995, slight modifications from the yard requirements shall be limited to deviations permitting portions of buildings to extend into a required yard or other open space a distance of not to exceed 20 percent of the width or depth of such required yard or open space.  However, for structures and additions existing prior to January 1, 1995, slight modifications may be granted for yard deviations slightly over 20 percent.
 
   “Except as expressly provided herein, the Superintendent of Building shall not grant deviations from the lot area, height, or density requirements.  Further, the Superintendent shall not grant deviations from the yard requirements relating to the height of fences and walls, or including those for tennis or paddle tennis courts and other game courts.
 
   “If the yard regulations cannot reasonably be complied with or it is difficult to determine their application on lots of peculiar shape or location, then the regulations may be modified or determined by the Superintendent of Building.  The Superintendent may also waive all or part of the required loading space on unusually shaped lots, oddly located lots, or hillside lots, when such space cannot reasonably be provided or utilized.
 
   “Requests for yard modifications as provided in this subsection shall be made in accordance with the procedures established in Section 98.0403.2 of the Los Angeles Municipal Code.”
 
   C.   Parking Facility Modifications.  (Amended by Ord. No. 185,480, Eff. 5/9/18.)  The Superintendent of Building or the Superintendent's designee may grant slight modifications in the requirements of Sections 12.21 A.5. and 12.21 A.16. of this Code if it is impractical to apply the design criteria set forth therein due to the unusual topography, peculiar shape of location of the lot, or where parking angles are less than 40 degrees.  The Superintendent of Building may also grant slight modifications in such requirements where such modifications will improve the design or functioning of the parking area or garage, or where attendant parking is ensured to his or her satisfaction.
 
   The power to grant such modifications shall be exercised in accordance with the procedure established in Section 98.0403 of this Code.
 
   D.   Inspection Of Premises – Whenever it is necessary to make an inspection to enforce any of the provisions or to perform any duty imposed by this Code or other applicable law, or whenever the Superintendent of Building or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Article or other applicable law, the Superintendent of Building or his authorized representative is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the General Manager by this Code or other applicable law, provided that:  (Amended by Ord. No. 142,306, Eff. 9/13/71, Operative 2/9/72.)
 
   (1)   if such property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and
 
   (2)   if such property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Superintendent of Building or his authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
 
   E.   Certificate Of Occupancy.  No vacant land shall be occupied or used, except for agricultural uses, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Superintendent of Building. (Amended by Ord. No. 142,306, Eff. 9/13/71, Operative 2/9/72.)
 
   1.   Certificate of Occupancy for a Building.
 
   (a)   A certificate of occupancy for a new building or the enlargement or alteration of an existing building shall be applied for coincident with the application for a building permit.  The certificate of occupancy shall be issued after the request for it has been made in writing to the Superintendent of Building after the erection, enlargement or alteration of the building or part of the building has been completed in conformity with the provisions of these regulations.  (First and Second Sentences Amended by Ord. No. 177,103, Eff. 12/18/05.)  Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Superintendent of Building for a period not to exceed six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
 
   (b)   Whenever the automobile parking spaces which are required for a building by the provisions of this Article, are provided on a lot other than the one on which the building is located, the certificate of occupancy for said building shall be valid only while such parking spaces are being so maintained and shall bear a notation to that effect. Said certificate shall be kept posted in a conspicuous place in the building. The Superintendent of Building shall keep a record of each lot on which required automobile parking spaces are provided for a building located on another lot, and whenever he finds that such automobile parking spaces are no longer so maintained, he shall notify the persons having custody of the building of that fact. If at any time such automobile parking spaces are not being maintained, the certificate of occupancy shall automatically be cancelled and said building shall not thereafter be occupied or used until the required automobile parking spaces are again provided and a new certificate is issued.
 
   (c)   Whenever a lot abutting a public alley in the “C” Zone is developed and used solely for dwelling or apartment house purposes with no more than 20 dwelling units on the lot and no loading space is provided, the certificate of occupancy for any building thereon shall be valid only while all the buildings on said lot are maintained for said use and the certificate shall bear a notation to that effect. If at any time any of the buildings on said lot are structurally altered or enlarged, or the use thereof is changed to a hospital, hotel, institution, commercial or industrial purposes, or a dwelling or apartment house so as to exceed 20 dwelling units on the lot, the certificate shall automatically be cancelled and none of the buildings on said lot shall thereafter be occupied or used until the required loading space is provided and a new certificate is issued.  (Added by Ord. No. 130,952, Eff. 11/8/65.)
 
   (d)   Wherever authority is granted to permit the sale of a lot in a residential planned development contingent upon the possession of an interest in common areas and facilities which are appurtenant to said lot, The Certificate of Occupancy for buildings on said lot shall be valid only while said interest is held by the owner. Said interest may be through shares of stock or voting membership in an owners association. (Added by Ord. No. 141,474, Eff. 2/27/71.)
 
   2.   Certificate of Occupancy for Land — A certificate of occupancy for the use of vacant land or a change in the character of the use of land, including the construction of tennis or paddle tennis courts, as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that of tilling the soil and the growing therein of farm, garden or orchard products; and a certificate of occupancy shall be issued after the application has been made, provided such use is in conformity with the provisions of the Municipal Code. (Amended by Ord. No. 151,466, Eff. 10/27/78.)
 
   3.   Certificate of Occupancy - Contents - Filing Fee.  (Amended by Ord. No. 168,439, Eff. 2/2/93.)  The Certificate of Occupancy shall state that the building or proposed use of a building or land conforms to the provisions of this chapter.  A record of all certificates shall be kept on file in the office of the Superintendent of Building, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected.  A fee shall be charged for each original certificate of occupancy pursuant to Subdivision 10. of Subsection (b) of Section 91.0304 of the Los Angeles Municipal Code.
 
   No excavation for any building shall be started before application has been made for a certificate of occupancy.
 
   4.   Plats – All applications for a certificate of occupancy shall be made on a printed form to be furnished by the Superintendent of Building, and shall contain accurate information and dimensions as to the size and location of the lot, the size and location of the buildings or structures on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary to provide for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Superintendent of Building may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The applications and plats shall be kept in the office of the Superintendent of Building, and the duplicate copy shall be kept at the building at all times during construction.
 
   5.   Recorded Agreements(Amended by Ord. No. 111,049, Eff. 5/3/58.) Whenever the off-street automobile parking spaces required by this section are provided on a different lot from that on which the use they are to serve is located, as a prerequisite to the issuance of the required building permit or certificate of occupancy, the owner or owners of said lot on which parking is to be provided shall record an agreement in the Office of the County Recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the City of Los Angeles, providing that such owner or owners shall continue to maintain said parking spaces so long as the building or use they are intended to serve is maintained.
 
   Whenever the total floor area permitted on a lot is to be included in a building which will not cover the entire buildable area of the lot, as a prerequisite to the issuance of the required building permit, the owner or owners of record of said lot shall record in the office of the County Recorder of Los Angeles County, California, a covenant running with the land for the benefit of the City of Los Angeles providing that so long as said building is maintained on said lot said owner or owners will not erect any additional buildings on the unoccupied buildable area of the lot.
 
   F.   Auto Dismantling Yards, Junk Yards, Scrap Metal or Recycling Materials Processing Yards, Recycling Collection and/or Buyback Centers, Recycling Materials Sorting Facilities and Cargo Container Storage Yards.  (Amended by Ord. No. 177,244, Eff. 2/18/06.)
 
   1.   Definitions.  As used in this subsection, the following terms are defined as follows:
 
   (a)   BOARD.  The Board of Building and Safety Commissioners.
 
   (b)   DEPARTMENT.  The Los Angeles Department of Building and Safety.
 
   (c)   RECYCLING CENTER.  Any recycling collection or buyback site, recycling sorting facility, or other recycling oriented site which does not do any processing other than mechanical compaction to reduce the volume of recyclable containers for economy of storage.
 
   (d)   SUPERINTENDENT.  The Superintendent of Building or his or her authorized representative.
 
   (e)   YARD.  Any automobile or truck dismantling yard, junk yard, scrap metal or recycling materials processing yard or cargo container storage yard or any open storage location where used materials and equipment of any kind, including vehicles, boats, or airplanes, which are inoperable, wrecked, damaged, or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles, are stored or processed.  (Amended by Ord. No. 177,244, Eff. 2/18/06.)
 
   2.   Applicability.  The provisions of this subsection shall apply to every recycling center or yard operating pursuant to a valid certificate of occupancy. In addition, these provisions shall be applicable to every recycling center or yard operating with nonconforming status pursuant to Section 12.23 of this Code, and as to such recycling centers or yards, any revocation proceedings authorized by these provisions shall be deemed to be proceedings to revoke and void any rights otherwise granted by Section 12.23 of this Code.
 
   3.   Annual Inspections.  The Department shall make an inspection of each recycling center or yard at least once a year to verify compliance with all applicable provisions of this Code.  An annual inspection fee as specified in Section 98.0402(e) of the Code shall be paid by each business operator or property owner to the Department.  The business operator and the property owner of every site under the jurisdiction of this section shall be notified of all fees, fines, penalties, costs, or other assessments resulting from enforcement of this section and are jointly and severally responsible to ensure that code compliance is maintained, at all times, and that payment of all fees, fines, penalties, costs, or other assessments due for each qualifying business as specified by this section, is made to the Department.  If all fees, fines, penalties, costs or other assessments due pursuant to this section are not paid, a lien may be placed upon the property as provided for in Section 98.0402(g) of the Code and Los Angeles Administrative Code section 7.35.1et seq.  In addition, failure to pay all fees, fines, penalties, costs or other assessments is sufficient cause to institute a certificate of occupancy revocation hearing.  An inspection may also be made whenever a complaint is received by the Department concerning a violation of this Code or as needed to verify continued compliance with applicable Code requirements.  Accessory storage only yards, where no business is conducted, which are nearby but not contiguous with a main yard may be approved and inspected with an additional fee of one half of the annual inspection fee for each yard.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   4.   Order to Comply.  If a recycling center or yard that is inspected is found to be in violation of any provision of this Code, the Superintendent shall send an Order to Comply ("Order") to the owner of the property and the operator of the recycling center or yard. The Order shall clearly state the following:
 
   (a)   The violation must be corrected by a compliance date specified in the Order, which date shall be no more than 30 days from the date the Order is mailed;
 
   (b)   The compliance date as specified in the Order may be extended for an additional period not to exceed 45 days if the owner or operator of the recycling center or yard presents satisfactory evidence to the Superintendent that unusual difficulties prevent substantial compliance without an extension;
 
   (c)   Failure to correct the violation on or before the compliance date or any authorized extension will lead to commencement of certificate of occupancy revocation proceedings.  Such proceedings will terminate with a revocation hearing, which hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 14. of this subsection.
 
   5.   Re-inspection.  The Superintendent shall reinspect a recycling center or yard for which an Order was issued pursuant to this subsection subsequent to the compliance date or any authorized extension thereof.
 
   6.   Citation Authority Prior to Revocation Notice.  An arrest may be made or citation issued pursuant to Sec. 98.0408 of this Code if the violations noted in an Order are not corrected on or before the due date noted upon such notice.  This action does not preclude the commencement of certificate of occupancy revocation proceedings.
 
   7.   Failure to Correct Violation; Failure to Pay Inspection Fee; Revocation Proceedings.  If any violation specified in an Order or citation is not corrected prior to the compliance date or any extension thereof, or if the annual inspection fee has not been paid within 60 days of assessment, then certificate of occupancy revocation proceedings shall be commenced by issuance of a Notice of Intent to Revoke ("Notice"), which shall be sent to the owner of the property and the operator of the recycling center or yard subsequent to any re-inspection pursuant to Subdivision 5. of this subsection.  The Notice shall state the following:
 
   (a)   The date and place of the revocation hearing, which shall be scheduled at least 15 days and not more than 90 days from the date of issuance of the Notice.
 
   (b)   A list of all violations uncorrected as of the compliance date.
 
   (c)   Copies of all inspection reports related to these violations, unless the copies were previously furnished to the owner or operator.
 
   (d)   Termination of revocation proceedings may only be obtained if each violation noted in the Notice is corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subdivision 14. of this subsection.
 
   (e)   The owner or operator is entitled to be represented by legal counsel at any revocation hearing.
 
   (f)   Each violation of the Code and each day of  operation without a certificate of occupancy is a misdemeanor.
 
   8.   Termination of Revocation Proceedings.  The Superintendent shall terminate certificate of occupancy revocation proceedings upon a finding that each violation of this Code specified in the Notice has been corrected and the fine specified in such Notice has been paid.  Termination may only occur on or before the date of the revocation hearing.
 
   9.   Revocation Hearing.  On the date specified in the Notice, a certificate of occupancy revocation hearing shall be held.  The Board may appoint a hearing examiner to conduct the hearing, which examiner shall not be any individual who participated in the issuance of any of the Notices required by this subsection.  Subpoenas may be issued pursuant to Section 98.0307 of this Code.  The hearing shall be conducted pursuant to the provisions of Sections 98.0308 and 98.0309 of this Code.  (Amended by Ord. No. 177,244, Eff. 2/18/06.)
 
   10.   Hearing Examiner's Report.  Within 30 days of the last day of the revocation hearing, the hearing examiner shall report its findings and recommendations in writing to the Board.
 
   11.   Board Determination.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)  Within 30 days of receipt of the Hearing Examiner's report, the Board shall determine whether the certificate of occupancy shall be revoked.  Revocation shall be ordered by the Board if it finds that any required fees, fines, penalties, costs or other assessments have not been paid or any of the violations specified in the Order have not been corrected, except for the circumstances stated below.
 
   The Board may, in its discretion, determine that a certificate of occupancy should not be revoked if it makes both of the following findings:
 
   (a)   Taken together, the remaining uncorrected violations specified in the Order, do not have an adverse effect on neighboring properties or on the general public; and
 
   (b)   The owner or operator of the yard has paid the fine specified in Subdivision 14. of this subsection with respect to all violations listed in the Notice of Revocation.
 
   In making its determination, the Board may hear from the owner, operator, or other interested party.  The determination of the Board is final.
 
   12.   Loss of Non-Conforming Rights.  Notwithstanding any provision of this Code to the contrary, where a certificate of occupancy is revoked pursuant to this subsection, a new certificate of occupancy for the property may only be issued if all requirements of the Code in effect at the time of issuance of the new certificate are satisfied.  In the case of a site which has no valid certificate of occupancy any and all rights which may be granted by Sec. 12.23 of this Code are revoked.
 
   13.   Appeals.  Notwithstanding any provision of the Code to the contrary, there shall be no appeal to the Board of Building and Safety Commissioners from any Order issued or determination made by the Superintendent pursuant to this Subsection F.
 
   14.   Fine Schedule.  The fine for each violation listed in the Notice shall be as specified in Section 98.0402(f)2. of the Code.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   15.   Repeat Violations.  Notwithstanding any provision of this subsection to the contrary, if an Order is issued for violation of a provision of the Code, and after compliance with it, a subsequent Order is issued for a violation of the same provision occurring within one year of the date of the initial notice:
 
   (a)   Each violation cited in a subsequent Order shall carry a fine as specified in Section 98.0402(f)1. of the Code and shall be paid within 15 days of the compliance date of any subsequent order.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   (b)   The compliance date for any such notice to comply shall be no more than ten days from the date of mailing of such notice.
 
   (c)   No extension of the compliance date may be granted.
 
   (d)   The amounts set forth in the fine schedule in Subdivision 14 of this subsection shall be doubled if revocation proceedings were started for any previous Order.
 
   16.   Parking of Vehicles in Custody of Any Yard.  No vehicle or any part of any vehicle in the custody or possession, for any reason, of a yard, as defined in this subsection, shall be parked, left standing, placed, or stored outside of the approved enclosure on the lot on which the yard is located, except that vehicles and parts may be stored within an approved auxiliary storage yard.  In addition, all parking spaces on the lot and any access driveways leading to the parking spaces, which are required by this code, must be maintained clear and available only for parking of operative vehicles.  (Added by Ord. No. 181,033, Eff. 2/4/10.)
 
   G.   Building Permits – No tennis or paddle tennis court accessory to a primary residential use on the same lot in the A or R Zones shall be constructed until application for a building permit therefor has been filed with and issued by the Department of Building and Safety. (Added by Ord. No. 151,466, Eff. 10/27/78.)
 
   H.   Issuance of Citations by Designated Employees.  Employees of the Department of Building and Safety specified in Section 98.0408 of this Code shall have the powers, duties and immunities as set forth in said section. (Added by Ord. No. 157,872, Eff. 8/12/83.)
 
   I.   Automotive Repair Garage and Used Vehicle Sales Areas.  (Amended by Ord. No. 181,033*, Eff. 2/4/10.)
 
*Note: Except as otherwise further amended by Ord. No. 181,033, Subsec. I. is amended by changing all references to the terms "Automotive Repair" or "Repair Garage" to the term "Automotive Repair Garage" (see Sec. 6 of this Ord.).
 
   1.   Definitions.  (Amended by Ord. No. 176,840, Eff. 9/4/05.)  As used in this subsection, the following terms have the definitions specified herein:
 
   (a)   Department.  The Department of Building and Safety.
 
   (b)   Board.  The Board of Building and Safety Commissioners.
 
   (c)   Used Vehicle Sales Area.  An area or lot where any type of used motor vehicle or trailer is displayed for sale.
 
   (d)   Automotive Repair Garage.  All retail or wholesale uses which are enumerated in the definition for "Automotive Repair" in Section 12.03 of this Code, and, in addition, includes all testing, installation of vehicle equipment or accessories, and the application of paint, sprayed coloring, or other types of covering or the recovering of any part of a vehicle interior or exterior.  Included in this definition are smog testing shops whether for test only or for repairs, window tinting or replacement shops, application of vinyl or similar covering materials, installation of parts or accessories on the site of a parts store, and all other similar uses.  (Added by Ord. No. 181,033, Eff. 2/4/10.)
 
   2.   Applicability.  (Amended by Ord. No. 176,840, Eff. 9/4/05.)
 
   (a)   The provisions of this subsection shall apply to every automotive repair garage use in the City of Los Angeles, including those in existence prior to May 27, 1990, the effective date of Ordinance No. 165,798.
 
   (b)   The provisions of this subsection shall also apply to every used vehicle sales area in the City of Los Angeles, including those in existence prior to the effective date of this paragraph.
 
   Exception:  Used car sales areas operated in conjunction with and on the same lot or on contiguous lots with a new car dealer are exempted from  yearly inspections.
 
   3.   Minimum Standards.  (Amended by Ord. No. 176,840, Eff. 9/4/05.)
 
   (a)   All automotive repair garages shall comply with the following minimum standards:
 
   (1)   All body and fender repairing when conducted within 300 feet of an A or R Zone shall be done within a completely enclosed building or room.  The doors of such building or room may be open during the following hours:
 
   (i)   From 7 a.m. until 8 p.m. on Mondays through Fridays;
 
   (ii)   From 9 a.m. until 8 p.m. on Saturdays; and
 
   (iii)   From 11 a.m. until 8 p.m. on Sundays.
 
   At all other times, the doors of such building or room shall be closed, except at intervals necessary for ingress and egress.
 
   (2)   All body and fender repairing when conducted within 150 feet of an A or R Zone shall be done within a completely enclosed building or room with stationary windows.  The doors of such building or room may be opened only at intervals necessary for ingress and egress, except that garage bay doors may be open during the hours of operation set forth in Paragraph (1) of this subdivision, provided:
 
   (i)   A minimum 10-foot-high solid masonry fence or a minimum 10-foot-high intervening commercial or industrial building enclosed on at least three sides is maintained at the property line adjacent to the A or R Zone, or;
 
   (ii)   Doors facing a public street shall be closer to the property line adjacent to the public street than the required yard setback of any adjacent A or R Zone.
 
   (3)   All automotive spray painting shall be done in full compliance with the provisions of Article 7 of Chapter 5 of the Code regulating these installations; provided further, that no spray painting may be done except in an approved spray booth or room approved for this use that is located within a wholly enclosed building.  In the M2 or M3 Zone a spray booth approved for use outside of a building may be utilized if allowed by all other jurisdictions having authority over spray painting.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   (4)   Except for allowable outside uses when conducted in the M2 or M3 Zones, all other operations shall be conducted within a building enclosed on at least three sides, except for the following, which may be conducted within the first 18 feet in depth measured perpendicular to the entire length of the building wall containing a garage bay door; said area shall not displace any required parking:
 
   (i)   electrical diagnostics;
 
   (ii)   battery charging and changing;
 
   (iii)   tire removal and replacement, provided the vehicle is not elevated more than 12-inches off the ground measured to the bottom of the tire.  A portable hoist only, may be used for this purpose.
 
   (5)   If the building is located within 50 feet of a lot in an A or R Zone with no intervening street, the wall of the building nearest such Zone shall have no openings other than doors or stationary windows.  Such doors shall be permitted only if the building is adjacent to an alley and may be opened only at intervals necessary for ingress or egress.
 
   (6)   Automotive hoists, of any type or size, except as provided in Paragraph (4)(iii) above or allowed and operated in an M2 or M3 Zone, shall be located or operated only inside a fully enclosed building.
 
   (b)   All Used Vehicle Sales Areas shall comply with the following:
 
   (1)   All used vehicle sales areas established after January 1, 2005, shall provide supplemental customer parking, on site, of at least one space for every 2,000 square feet of vehicle sales area.  This parking is in addition to all other parking required for the lot and shall be conspicuously posted and used for customer parking only.  There shall be a minimum of two customer parking spaces provided for any used vehicle sales area.
 
   (2)   All repair work done on site must comply with the provisions of this subsection whether or not the repairs are done on customer or dealer owned vehicles.
 
   (3)   All other provisions of the Code which apply to used vehicle sales must be complied with at all times.
 
   (4)   Exception:  Display of not more than three vehicles for purposes of sale or trade, at any one time, which is accessory to an approved use on the same lot and not occupying any required parking spaces, does not require a separate certificate of occupancy, additional parking, or annual inspection.
 
   (c)   Nothing in this section shall relieve any person from complying with any applicable requirements contained in Sections 12.14, 80.73.1, 80.73.2 or any other provision of the Code.
 
   4.   Parking of Cars in Custody of Automotive Repair Garage or Used Vehicle Sales Area.  (Title Amended by Ord. No. 181,033, Eff. 2/4/10.)  No vehicle left in the custody or possession, for any reason, of an automotive repair garage or used vehicle sales area shall be parked, left standing or stored outside the lot on which the automotive repair garage or used vehicle sales area is located, except that such vehicles may be stored within an approved storage yard.  A responsible person shall be on the premises of each automotive repair garage or used vehicle sales lot during the hours in which the garage or lot is in operation. This person shall maintain current records, in a manner that can be immediately supplied to any enforcement agency upon request, stating the license plate number, vehicle identification number and registered owner of each vehicle currently in the custody or possession of the automotive repair garage or used vehicle sales lot for purposes of repair, sales, trade, shipment or other disposition.  This subdivision shall not apply to employees' vehicles used daily for commuting.  (Amended by Ord. No. 176,840, Eff. 9/4/05.)
 
   5.   Annual Inspections.  The Department shall inspect the physical facilities of each automotive repair garage or used vehicle sales area at least once a year.  An annual inspection fee as specified in Section 98.0402(e) of the Code shall be paid by the business operator or property owner to the Department.  The business operator and the property owner of every site under the jurisdiction of this section shall be notified of all fees, fines, penalties, costs, or other assessments resulting from enforcement of this section and are jointly and severally responsible to ensure that code compliance is maintained, at all times, and that payment of all fees, fines, penalties, costs, or other assessments due, for each qualifying business as specified by this section, is made to the Department.  If all fees, fines, costs, penalties or other assessments due under this Code are not paid, a lien may be placed upon the property as provided for in Section 98.0402(g) of the Code and Los Angeles Administrative Code Section 7.35.1et seq.  In addition, failure to pay all fees, fines, penalties, costs or other assessments is sufficient cause to institute a certificate of occupancy revocation hearing.  An inspection may also be made whenever a complaint or referral is received by the Department concerning a violation of this Code by an automotive repair garage or used vehicle sales area or as necessary to verify continued compliance with all applicable Code requirements.  Accessory storage only yards or buildings, where no business is conducted, which are nearby but not contiguous with a main automotive repair garage may be approved and inspected with an additional fee of one-half of the annual inspection fee for the yard or building.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   6.   Order to Comply.  (Amended by Ord. No. 176,840, Eff. 9/4/05; Renumbered by Ord. No. 181,033, Eff. 2/4/10.)  If the physical facilities of an automotive repair garage or used vehicle sales area are found by the Department to be in violation of Subdivision 3. or 4. of this subsection or of any other provision of this article, the Department shall send an Order to Comply ("Order") to the owner of the property and the operator of the automotive repair garage or used vehicle sales area.
 
   The Order shall clearly state the following:
 
   (a)   The nature of the violation and the code section violated.
 
   (b)   That the violation must be corrected by a compliance date specified in the order or any extension authorized pursuant to Subdivision 7. of this subsection.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   (c)   That failure to correct the violation on or before the compliance date or any authorized extension may result in commencement of proceedings to revoke the certificate of occupancy.  These proceedings may involve a revocation hearing.  A personal appearance at the hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 16. of this subsection.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   (d)   That an appeal may be filed from the order in the manner provided by Subdivision 15. of this subsection.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   7.   Time Limits for Compliance with Order.  (Amended by Ord. No. 176,840, Eff. 9/4/05; Renumbered by Ord. No. 181,033, Eff. 2/4/10.)
 
   (a)   The automotive repair garage or used vehicle sales area shall comply with the Order described in Subdivision 6. of this subsection on or before the compliance date specified in the order, or any authorized extension.  The compliance date shall be not more than 30 days from the date of the order.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   (b)   The Department may grant an extension of the compliance date specified in the order for an additional period not to exceed 45 days if the owner or operator of the automotive repair garage or used vehicle sales area presents satisfactory evidence to the Department that unusual difficulties would prevent substantial compliance without such extension.
 
   (c)   Upon an appeal, the Board may grant an extension of the compliance date for an additional period not to exceed 180 days if it finds that the correction of major code violations requiring extensive building alterations would create a hardship without such extension.
 
   8.   Re-inspection.  The Department shall re-inspect an automotive repair garage or used vehicle sales area for which an Order was issued pursuant to this subsection subsequent to the compliance date or any authorized extension.  (Renumbered and Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   9.   Citation authority prior to Revocation Notice.  An arrest may be made or citation issued pursuant to Sec. 98.0408 of the Code, if the violations noted in an Order are not corrected on or before the due date noted upon the order.  This action does not preclude the commencement of certificate of occupancy revocation proceedings.  (Renumbered and Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   10.   Failure to Correct Violations, Failure to Pay Inspection Fee, Revocation Proceedings.  (Renumbered; Title and First Paragraph Amended by Ord. No. 181,033, Eff. 2/4/10.)  If any violation specified in the Order is not corrected prior to the compliance date or any extensions, or if the annual inspection fee has not been paid within 60 days of assessment, pursuant to Section 98.0402(e) of the Code, then the Department shall commence certificate of occupancy revocation proceedings by issuance of a Notice of Intent to Revoke ("Notice").  This Notice shall be sent to the owner of the property and the operator of the automotive repair garage or used vehicle sales area.
 
   The Notice shall state the following:
 
   (a)   The date and place of the revocation hearing, which shall be scheduled at least 15 days and not more than 90 days from the date of issuance of the Notice.
 
   (b)   A list of all violations uncorrected as of the compliance date.
 
   (c)   That copies of all inspection reports related to such violations are available for inspection by the owner or operator.
 
   (d)   That termination of revocation proceedings may be obtained if the violations noted in the Notice are corrected before the date of the revocation hearing and only if a specified fine is paid.  This fine shall be fixed in accordance with the fine schedule in Subdivision 16 of this subsection.
 
   (e)   That the owner and operator are entitled to be represented by legal counsel at any revocation hearing.
 
   (f)   That the proceedings may result in the revocation of the certificate of occupancy.
 
   (g)   That each violation of this Code and each day of operation without a certificate of occupancy is a misdemeanor.
 
   11.   Revocation Hearing.  On the date specified in the Notice of Intent to Revoke, a hearing shall be held.  The Board may appoint a Hearing Examiner to conduct the hearing.  The Examiner shall not be any individual who participated in the issuance of any of the Notices or Orders required by this subsection. Subpoenas may be issued pursuant to Section 98.0307 of the Code.  The hearing shall be conducted pursuant to the provisions of Sections 98.0308 and 98.0309 of the Code.  (Renumbered and Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   12.   Hearing Examiner’s Report.  Within 30 days of the last day of the hearing, the Hearing Examiner shall report his findings and recommendations in writing to the Board.  (Renumbered by Ord. No. 181,033, Eff. 2/4/10.)
 
   13.   Board Determination.  (Renumbered and Amended by Ord. No. 181,033, Eff. 2/4/10.)  Within 30 days of receipt of the Hearing Examiner's report, the Board shall determine whether the certificate of occupancy shall be revoked.
 
   (a)   Revocation shall be ordered by the Board if it finds that:
 
   (i)   Any of the violations specified in the Order have not been corrected, or that the fines specified in Subdivision 16. of this subsection have not been paid; and
 
   (ii)   That, taken together, the remaining uncorrected violations have significant adverse effects on surrounding properties or the health, peace, or safety of persons residing or working in the surrounding area; and
 
   (iii)   The owner or operator of the automotive repair garage or used vehicle sales area has failed to demonstrate to the satisfaction of the Board the ability or willingness to eliminate problems associated with the automotive repair garage or used vehicle sales area operation.
 
   (b)   The Board may determine that a certificate of occupancy should not be revoked if it makes the following findings:
 
   (i)   The remaining uncorrected violations specified in the Order do not have an adverse effect on neighboring properties or on the general public; and
 
   (ii)   The owner or operator of the automotive repair garage or used vehicle sales area has paid the fine specified in Subdivision 16. of this subsection with respect to violations stipulated in the Notice.
 
   In making its determination, the Board may hear from the owner, operator, or other interested party.  The determination by the Board is final.
 
   14.   Loss of Non-Conforming Rights.  Notwithstanding any provision of this Code to the contrary, if a Certificate of Occupancy is revoked pursuant to this subsection, then a new Certificate of Occupancy for the property may only be issued if all requirements of the Code in effect at the time of application for such new Certificate are satisfied.  (Renumbered by Ord. No. 181,033, Eff. 2/4/10.)
 
   15.   Appeals.  Except for extensions of time granted by the Department as authorized in Subdivision 7. of this subsection and notwithstanding any provisions of this Code to the contrary, there shall be no appeal to the Board from any notice issued or determination made by the Department pursuant to this subsection.  Appeals may be made from Department determinations of violations of Subdivisions 3. and 4. of this subsection.  (Renumbered and Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   16.   Fine Schedule.  The fine for each violation as specified in the Notice shall be as specified in Section 98.0402(f)2.B. of the Code.  (Amended by Ord. No. 176,840, Eff. 9/4/05; Renumbered by Ord. No. 181,033, Eff. 2/4/10.)
 
   17.   Repeat Violations.  (Amended by Ord. No. 176,840, Eff. 9/4/05; Renumbered by Ord. No. 181,033, Eff. 2/4/10.)  Notwithstanding any provisions of this subsection to the contrary, if an Order is issued pursuant to this subsection and after compliance with it a subsequent Order is issued for a violation of the same provisions occurring within one year of the date of the initial order:
 
   (a)   Each violation cited in a subsequent Order shall carry a fine as specified in Section 98.0402(f)1. of the Code and shall be paid within 15 days of the compliance date of the order.  (Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   (b)   The compliance date for any such Order shall be no more than ten days from the date of mailing of such notice.
 
   (c)   No extensions of the compliance date shall be granted.
 
   (d)   The amounts set forth in the fine schedule in Subdivision 16 of this subsection shall be doubled if a Notice is issued pursuant to the subsequent Order.
 
   18.   Fines Distinct from Other Penalties and Fees.  The above fines are separate and distinct from both the general misdemeanor penalties provided in the Code and the noncompliance fees authorized in Section 98.0411 of the Code.  (Renumbered and Amended by Ord. No. 181,033, Eff. 2/4/10.)
 
   J.   Transportation Demand Management and Trip Reduction Measures.  (Added by Ord. No. 168,700, Eff. 3/31/93.)
 
   1.   DEFINITIONS.  For the purpose of this section, certain words and terms are defined as follows:
 
   Carpool.  A vehicle carrying two to five persons to and from work on a regular schedule.
 
   Development.  The construction of new non-residential floor area.
 
   Gross Floor Area.  That area in square feet confined within the outside surface of the exterior walls of a building, as calculated by adding the total square footage of each of the floors in the building, except for that square footage devoted to vehicle parking and necessary interior driveways and ramps.
 
   Preferential Parking.  Parking spaces, designated or assigned through use of a sign or painted space markings for Carpools or Vanpools, that are provided in a location more convenient to the entrance for the place of employment than parking spaces provided for single-occupant vehicles.
 
   Transportation Demand Management (TDM).  The alteration of travel behavior through programs of incentives, services, and policies, including encouraging the use of alternatives to single-occupant vehicles such as public transit, cycling, walking, carpooling/vanpooling and changes in work schedule that move trips out of the peak period or eliminate them altogether (as in the case in telecommuting or compressed work weeks).
 
   Trip Reduction.  Reduction in the number of work-related trips made by single-occupant vehicles.
 
   Vanpool.  A vehicle carrying six or more persons to and from work on a regular schedule, and on a prepaid basis.
 
   Vehicle.  Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.
 
   2.   APPLICABILITY.  This subdivision applies only to the construction of new non-residential gross floor area.  Prior to the issuance of a building permit, the owner/applicant shall agree, by way of a covenant that runs with the land, to provide and maintain in a state of good repair the following applicable transportation demand management and trip reduction measures.
 
   3.   REQUIREMENTS:
 
   (a)   Development in excess of 25,000 square feet of gross floor area.  The owner shall provide a bulletin board, display case, or kiosk (displaying transportation information) where the greatest number of employees are likely to see it.  The transportation information displayed should include, but is not limited to, the following:
 
   (1)   Current routes and schedules for public transit serving the site;
 
   (2)   Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operations;
 
   (3)   Ridesharing promotion material supplied by commuter-oriented organizations;
 
   (4)   Regional/local bicycle route and facility information;
 
   (5)   A listing of on-site services or facilities which are available for carpoolers, vanpoolers, bicyclists, and transit riders.
 
   (b)   Development in excess of 50,000 square feet of gross floor area.  The owner shall comply with Paragraph (a) above and in addition shall provide:
 
   (1)   A designated parking area for employee carpools and vanpools as close as practical to the main pedestrian entrance(s) of the building(s).  This area shall include at least ten percent of the parking spaces required for the site.  The spaces shall be signed and striped sufficient to meet the employee demand for such spaces.  The carpool/vanpool parking area shall be identified on the driveway and circulation plan upon application for a building permit;
 
   (2)   One permanent, clearly identified (signed and striped) carpool/vanpool parking space for the first 50,000 to 100,000 square feet of gross floor area and one additional permanent, clearly identified (signed and striped) carpool/vanpool parking space for any development over 100,000 square feet of gross floor area;
 
   (3)   Parking spaces clearly identified (signed and striped) shall be provided in the designated carpool/vanpool parking area at any time during the building’s occupancy sufficient to meet employee demand for such spaces.  Absent such demand, parking spaces within the designated carpool/vanpool parking area may be used by other vehicles;
 
   (4)   No signed and striped parking spaces for carpool/vanpool parking shall displace any handicapped parking;
 
   (5)   A statement that preferential carpool/vanpool spaces are available on-site and a description of the method for obtaining permission to use such spaces shall be included on the required transportation information board;
 
   (6)   A minimum vertical clearance of 7 feet 2 inches shall be provided for all parking spaces and accessways used by vanpool vehicles when located within a parking structure;
 
   (7)   Bicycle parking shall be provided in conformance with Section 12.21A16 of this Code.
 
   (c)   Development in excess of 100,000 square feet of gross floor area.  The owner shall comply with Paragraphs (a) and (b) above and shall provide:
 
   (1)   A safe and convenient area in which carpool/vanpool vehicles may load and unload passengers other than in their assigned parking area;
 
   (2)   Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;
 
   (3)   If determined necessary by the City to mitigate the project impact, bus stop improvements shall be provided.  The City will consult with the local bus service providers in determining appropriate improvements.  When locating bus stops and/or planning building entrances, entrances shall be designed to provide safe and efficient access to nearby transit stations/stops;
 
   (4)   Safe and convenient access from the external circulation system to bicycle parking facilities on-site.
 
   4.   EXCEPTIONS.  The provisions of this subsection shall not apply to developments for which an application has been deemed complete by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for a Draft Environmental Impact Report has been circulated or for which plans sufficient for a complete plan check were accepted by the Department of Building and Safety, on or before the effective date of this ordinance.
 
   5.   MONITORING.  The Department of Transportation shall be responsible for monitoring the owner/applicant’s continual implementation and maintenance of the project trip reduction features required by this ordinance.
 
   6.   ENFORCEMENT.  Applicants shall execute and record a Covenant and Agreement that the trip reduction features required by this ordinance will be maintained, that required material specified in Subdivision 3 (a) (1)-(5) will be continually posted, and that additional carpool/vanpool spaces within the designated preferential area will be signed and striped for the use of ridesharing employees based on demand for such spaces.  The Covenant and Agreement shall be acceptable to the Department of Transportation.
 
   7.   HARDSHIP EXEMPTION.  In cases of extreme hardship, duly established to its satisfaction, the City Council, acting in its legislative capacity, and by resolution, may grant an exemption from any/or all the provisions of this ordinance.  In granting such an exemption, the City Council shall make the following findings:
 
   (a)   Specific features of the development make it infeasible to satisfy all of the provisions of this subsection; and
 
   (b)   The applicant has committed to provide equivalent alternative measures to reduce vehicle trips.
 
   K.   Appeals from Building Department Determinations.  (Amended by Ord. No. 175,428, Eff. 9/28/03.)
 
   1.   Right of Appeal.  The Director of Planning shall have the power and duty to investigate and make a decision upon appeals from determinations of the Department of Building and Safety where it is alleged there is error or abuse of discretion in any order, interpretation, requirement, determination or action made by the Department of Building and Safety in the enforcement or administration of Chapter I of this Code and other land use ordinances in site-specific cases.  This provision shall not apply to requests for extensions of time to comply with any order issued by the Department of Building and Safety.  An appeal to the Director of Planning may only be made after the Department of Building and Safety has rendered a decision in writing and provided written justification and findings on an appeal made pursuant to Section 98.0403.2(a) of the Code.
 
   Appeals may be filed by any aggrieved person or by any officer, board, department or bureau of the City at the public counter of the Department of City Planning.  The filing of an appeal stays, with respect to that site, all enforcement proceedings and actions pertaining to Chapter I of this Code and other land use ordinances pending the Director’s decision.  However, the filing of an appeal will not prevent the issuance of a building permit or performance of work authorized by the permit when all Code and other land use requirements have been met to the satisfaction of the Department of Building and Safety, and only after consideration of the issues set forth in the appeal to the Department of Building and Safety made pursuant to Section 98.0403.2(a).  In no case shall the filing of an appeal delay enforcement proceedings or actions related to the abatement of imminent life safety hazards.
 
   2.   Filing of an Appeal.  The appeal shall be filed at the public counter of the Department of City Planning on a form prescribed by the Department within 15 days after the Department of Building and Safety has rendered a decision in writing providing justification and findings on the issues set forth in the appeal made pursuant to Section 98.0403.2(a).  The appeal to the Director must be accompanied by a written copy of the decision of the Department of Building and Safety, and any written copy of the underlying order, interpretation, requirement, determination or action taken on the matter by the Department of Building and Safety.  The appellant shall set forth specifically how there was error or abuse of discretion in the action of the Department of Building and Safety.  Each appeal shall be accompanied by a filing fee as specified in Section 19.01 B. of this Code.  (Last Sentence Amended by Ord. No. 181,141, Eff. 5/16/10.)
 
   3.   Procedure.  Upon receipt of an appeal in the Department of City Planning, the Department shall notify the owner of the subject property of the filing of the appeal.  The Director shall investigate the matter.  The Director shall set the matter for hearing if it is likely to be controversial.  Notice shall be by mail, shall state the time, place and purpose of the hearing at which evidence will be taken and shall be sent to the applicant, appellant, the Department of Building and Safety, owners of all properties abutting, across the street or alley from, or having a common corner with the subject property, and to all persons known to have an interest in the matter. The Department shall mail the notice at least 15 days prior to the hearing.
 
   4.   Decision.  The Director shall make his or her decision within 75 days after the expiration of the appeal period or within an extended period mutually agreed upon in writing by the applicant and the Director.  The Director shall determine whether there was error or abuse of discretion by the Department of Building and Safety.  The Director shall place a copy of the findings and decision in the file in the City Planning Department, and furnish a copy of the decision to the applicant, appellant, the Department of Building and Safety, owners of all properties abutting, across the street or alley from, or having a common corner with the subject property, and to all persons known to have an interest in the matter.  The Director, as part of the determination, shall make a finding regarding whether the matter may have a Citywide impact.  The Director shall find that there is no Citywide impact if the matter concerns only the use of the specific property, or circumstances or issues connected with other zoning matters which are unique to the affected site and would not generally apply to other sites in the City, or would not result in changes in the application of Chapter I of this Code and other land use ordinances to other sites.
 
   5.   Effective Date of Decision.  A decision by the Director becomes final and effective upon the close of the 15 day appeal period, if no further appeal is made.
 
   6.   Appeals of Director’s Decision.  An applicant or any other person aggrieved by a decision of the Director may appeal that decision to the City Planning Commission on a matter that the Director found may have a Citywide impact, or may appeal to the Area Planning Commission if the Director found the matter may not have a Citywide impact.
 
   An appeal shall set forth specifically the points at issue, the reasons for the appeal, and the basis upon which the appellant claims there was error or abuse of discretion by the Director.  The appeal shall be filed within 15 days of the date of mailing of the initial decision on forms provided by the Department.  Any appeal not filed within the 15 day period shall not be considered by the Area  Commission or the City Planning Commission.  The filing of an appeal stays, with respect to that site, all enforcement proceedings and actions pertaining to Chapter I of this Code and other land use ordinances until a decision by the Area Planning Commission or the City Planning Commission, except as set forth in Subdivision 1. above.  Once an appeal is filed, the Director shall transmit the appeal and the file to the Area Planning Commission or the City Planning Commission.  At any time prior to the action by the Area Planning Commission or the City Planning Commission on the appeal, the Director shall submit any supplementary pertinent information as he or she deems necessary or as may be requested by the Area Planning Commission or the City Planning Commission.
 
   7.   Appellate Decision – Public Hearing and Notice.  Upon receipt of the appeal, the Area Planning Commission or the City Planning Commission shall set the matter for a hearing at which the Commission shall take evidence.  Notice of the hearing shall be by mail, shall state the time, place and purpose of the hearing and shall be sent to the appellant, the applicant, the owner or owners of the property involved, the Director of Planning, the Department of Building and Safety, and any other interested party who has requested in writing to be notified.  Notice shall be mailed at least 24 days prior to the hearing.  When considering an appeal from the decision of the Director, the Area Planning Commission or the City Planning Commission shall make its decision setting forth how there was error or abuse of discretion by the Director.
 
   8.   Time for Appellate Decision.  The Area Planning Commission or the City Planning Commission shall act within 75 days after the expiration of the appeal period or within any additional period as may be agreed upon in writing by the applicant and the Area Planning Commission or the City Planning Commission.  The failure of the Area Planning Commission or the City Planning Commission to act within this time period shall be deemed a denial of the appeal from the Director’s action.
 
   9.   Appellate Decision.  In considering an appeal, the Area Planning Commission or the City Planning Commission shall be subject to the same limitations as are applicable to the Director under Subdivision 1. above.
 
   10.   Procedures and Effective Date of Appellate Decision.  If the Area Planning Commission or the City Planning Commission makes a decision on an appeal pursuant to this section, the appellate decision shall be final and effective as provided in Charter Section 245.