Agenda packet — Bellflower City Council, June 27, 2022 (part 1 of 6)

T h e C i t y o f B e l l f l o w e r
Families. Businesses. Futures.
16600 Civic Center Drive, Bellflower, CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org

Next CC Resolution No. 22-33 Next CC Agreement No. 939 Next Ordinance No. 1418

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (562) 804-1424, extension 2220 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Agenda Items are on file in the Office of the City Clerk and are available for public inspection during normal business hours. For your convenience, the Agenda is also posted on the City’s Website at www.bellflower.org with links to each Agenda Item (unless they are too lengthy or unavailable at the time of posting). Any supplemental material distributed to a majority of the members of the City Council after the posting of this Agenda will be made available for public inspection during normal business hours in the City Clerk’s Office at City Hall, 16600 Civic Center Drive, Bellflower. (Privileged documents and Closed Session documents are exempted.)

REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL

MONDAY, JUNE 27, 2022

BELLFLOWER CITY HALL - COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7 P.M. OPEN SESSION

PUBLIC PARTICIPATION

The City Council Chambers will be open to the public. Per the Los Angeles County Health Officer Order effective March 4, 2022, it is strongly recommended, but not required, to wear a face covering when inside Bellflower City Hall.

5:30 P.M. – CLOSED SESSION

1 CALL TO ORDER

None

2 ROLL CALL

None

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AGENDA

Bellflower City Council Agenda
June 27, 2022

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3 RECESS TO CLOSED SESSION

None

4 RECONVENE FOR OPEN SESSION

None

7 P.M. – OPEN SESSION

5 CALL TO ORDER

6 ROLL CALL: Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez

7 INVOCATION: Mayor Pro Tem Sonny R. Santa Ines

8 PLEDGE OF ALLEGIANCE: Len Gorecki, Assistant City Manager/Director of Public Works

9 CITY COUNCIL ANNOUNCEMENTS / PRESENTATIONS

A City Council Announcements

10 PUBLIC COMMENTS

This is the time set aside for the public to address the City Council on matters not listed on the Agenda. Anyone wishing to address the City Council should come to the podium, be recognized by the Mayor, and state your name for the record. If you wish to address the City Council on an Agenda Item, you may do so by approaching the podium as we review that particular item. You will be given three (3) minutes to address the City Council.

11 PUBLIC HEARINGS

A Consideration and possible action to conduct a public hearing requested by My CBD Hub LLC for cannabis tax exemption and refund of taxes paid.

Recommendation to City Council: 1) Open a public hearing and consider the appeal for cannabis tax exemption and refund of taxes paid by My CBD Hub LLC; and 2) After receiving testimonial and documentary evidence from My CBD Hub LLC, determine whether to deny, grant, or conditionally grant the appeal ; or 3) Alternatively, discuss and take other action related to this item.

Bellflower City Council Agenda
June 27, 2022

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11 PUBLIC HEARINGS – Continued

B Consideration and possible action to conduct a public hearing to read by title only, waive further reading, and introduce Ordinance No. 1417 – An Ordinance amending certain sections of Bellflower Municipal Code (“BMC”) Title 17 (Zoning) pertaining to allowable uses, development standards, and process and procedures in the Town Center (TC) District.

CEQA: The Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

Recommendation to City Council: 1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence read by title only, waive further reading, and introduce Ordinance No. 1417; or 2) Alternatively, discuss and take other action related to this item.

C Consideration and possible action to conduct a public hearing to consider issuing one Cannabis Business Permit (“CBP”) for a distribution use at 8832 Ramona Street; and consider adopting Resolution No. 22-31 – A Resolution approving a Cannabis Business Permit to operate a cannabis distribution facility at 8832 Ramona Street; Applicant: Berenice Cristerna (Representing Dynasty Alliance Grow, Inc.).

CEQA: In accordance with the California Environmental Quality Act (Public Resources Code § 21000, et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) the City determined that the applications for the CBPs consist of applications to operate businesses in existing commercial and industrial buildings that meet the definition for classes of projects exempt from additional environmental review under CEQA Guidelines § 15301 (Existing Facilities) and § 15302 (Replacement or Reconstruction).

Recommendation to City Council: 1) Open a public hearing and consider one distribution CBP; 2) after receiving testimonial and documentary evidence from the Applicant, close the public hearing and determine whether to issue the CBP to the Applicant by adopting Resolution No. 22-31; or 3) Alternatively, discuss and take other action related to this item.

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION

None

13 CONSIDERATION ITEMS

None

Bellflower City Council Agenda
June 27, 2022

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14 CONSENT CALENDAR

All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.

A Consideration and possible action to receive and file Warrant Register No. 22-122, dated June 27, 2022.

Recommendation to City Council: 1) Receive and file Warrant Register No. 22-122; or 2) Alternatively, discuss and take other action related to this item.

B Consideration and possible action to receive and file City Council Treasurer’s Report for the Month of May 2022.

Recommendation to City Council: 1) Receive and file Treasurer’s Report; or 2) Alternatively, discuss and take other action related to this item.

C Consideration and possible action to waive further reading and adopt Ordinance No. 1416 – An Ordinance adding Section 5.28.080 to the Bellflower Municipal Code governing impoundment of food, goods, or merchandise that is abandoned or offered in violation of applicable law in accordance with Government Code §§ 51036, et seq._________________________________ Recommendation to City Council: 1) Waive further reading and adopt Ordinance No. 1416; or 2) Alternatively, discuss and take other action related to this item.

D Consideration and possible action to waive further reading and adopt Ordinance No. 1414 – An Ordinance amending § 2.16.010 of the Bellflower Municipal Code to provide a salary adjustment for Members of the City Council following the next General Municipal Election; and superseding Ordinance No. 1358.

Recommendation to City Council: 1) Waive further reading and adopt Ordinance No. 1414; or 2) Alternatively, discuss and take other action related to this item.

E Consideration and possible action to authorize the City Manager to execute Amendment No. 9 to Agreement File No. 464.1, in a form approved by the City Attorney, between the City of Bellflower, acting as the Successor Housing Agency to the Dissolved Bellflower Redevelopment Agency, and Kingdom Causes Bellflower to renew the Homeless Prevention and Rapid Re-Housing Services for Fiscal Year 2022-2023.

Recommendation to City Council: 1) Authorize the City Manager to execute Amendment No. 9 to Agreement File No. 464.1, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.

F Consideration and possible action to authorize the City Manager to execute Agreement File No. 314.19, in a form approved by the City Attorney, with Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3), for professional polling analysis.

Recommendation to City Council: 1) Authorize the City Manager to execute Agreement File No. 314.19, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.

Bellflower City Council Agenda
June 27, 2022

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14 CONSENT CALENDAR – Continued

G Consideration and possible action to award a contract to Interior Demolition, Inc., for the On-Call Contract for Citywide Demolition of Improvements (Specifications No. 21/22-05); and authorize the City Manager to execute a contract with Interior Demolition, Inc., in a form approved by the City Attorney.

CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 - Existing Facilities).

Recommendation to City Council: 1) Award a contract to Interior Demolition for the Project and authorize the City Manager to execute a contract with Interior Demolition, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.

H Consideration and possible action to authorize the City Manager to execute 1) Amendment No. 6 to Agreement File No. 320.8; and 2) Agreement File No. 320.8.10, in forms approved by the City Attorney, with Bellflower-Somerset Mutual Water Company, for the sale and lease of water pumping allocation rights in Fiscal Year 2022-2023.

Recommendation to City Council: 1) Authorize the City Manager to execute Amendment No. 6 to Agreement File No. 320.8 and Agreement File No . 320.8.10, in forms approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.

I Consideration and possible action to receive and file Agreement File No. 51.91 with the Los Angeles County Regional Park and Open Space District for Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation (Measure A) grant funds for the development of planning and design documents for the Bellflower Youth & Senior Center Project; and authorize the City Manager to execute the following agreements in forms approved by the City Attorney: 1) Agreement File No. 690.4 with Pretty Smart for design architect services for the development of the Bellflower Youth & Senior Center Project design; 2) Agreement File No. 937 with NCA Studio Inc. for architect of record services for the development of the Bellflower Youth & Senior Center Project design; and 3) Agreement File No. 938 with C.Y. Geotech, Inc., for geotechnical engineering services for the development of the Bellflower Youth & Senior Center Project planning and design.

Recommendation to City Council: 1) Receive and File Agreement File No. 51.91 and authorize the City Manager to execute Agreement File Nos. 690.4, 937, and 938, in forms approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.

Bellflower City Council Agenda
June 27, 2022

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14 CONSENT CALENDAR – Continued

J Consideration and possible action to approve the Minutes of the May 23, 2022, Special Meeting of the City Council.

Recommendation to City Council: 1) Approve the May 23, 2022 , Special Meeting Minutes; or 2) Alternatively, discuss and take other action related to this item.

K Consideration and possible action to approve the Minutes of the June 13, 2022, Regular Meeting of the City Council.

Recommendation to City Council: 1) Approve the June 13, 2022, Regular Meeting Minutes; or 2) Alternatively, discuss and take other action related to this item.

L Consideration and possible action to adopt Resolution No. 22-32 – A Resolution approving the plans and specifications for the Butterfly Garden Park Project (Specifications No. 21/22-03), pursuant to Government Code §830.6; establishing a project payment account; and authorizing solicitation of bids.

CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment for the Project consisting of an Initial Study and Mitigated Negative Declaration. The Initial Study determined that the Project would not result in any significant effect on the environment with incorporation of mitigation measures contained in the Mitigated Negative Declaration.

Pursuant to the requirements from the National Park Service for the use of federal LWCF funds, the City completed a Proposal Description and Environmental Screening Form (PD/ESF) for the Project. The completed PD/ESF becomes part of the federal administrative record in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations. The State NEPA pathway recommendation was that the Project qualifies for a Categorical Exclusion for which documentation is required.

Recommendation to City Council: 1) Adopt Resolution No. 22-32; or 2) Alternatively, discuss and take other action related to this item.

15 COUNCIL REPORTS

16 ADJOURNMENT

Adjourn to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, July 11, 2022.

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11-A

TO: Honorable Mayor and Members of the City Council

ATTENTION: Jeffrey L. Stewart, City Manager

FROM: Tae Rhee, Director of Finance

SUBJECT: Consideration and possible action to conduct a public hearing requested by My CBD Hub LLC for cannabis tax exemption and refund of taxes paid.

DATE: June 27, 2022

EXECUTIVE SUMMARY

My CBD Hub LLC, subsidiary of Koi CBD LLC (“Koi”), engages in the business of selling industrial hemp-derived products, and it argues that its business is not subject to Bellflower Municipal Code (“BMC”) Chapter 3.37, Cannabis Tax Ordinance. As a result, on April 18, 2022, My CBD Hub LLC and its attorney, Ms. Andrea A. Golan of Vicente Sederberg LLP, submitted a Cannabis Business Tax Exemption Application and requested a refund of cannabis taxes paid since 2019 totaling $39,761.85 together with a letter containing legal arguments. Staff disagreed with the arguments and, therefore, denied the request by letter dated April 28, 2022. On May 23, 2022, Ms. Golan filed a notice of appeal with the City Clerk in accordance with BMC § 3.37.180(B) to request a hearing to be held with the City Council.

RECOMMENDATION TO CITY COUNCIL

1) Open a public hearing and consider the appeal for cannabis tax exemption and refund of taxes paid by My CBD Hub LLC; and

2) After receiving testimonial and documentary evidence from My CBD Hub LLC, determine whether to deny, grant, or conditionally grant the appeal; or

3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

Dependent upon City Council action, the fiscal impact is between $0 and $39,761.85.

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Staff Report – My CBD Hub LLC Cannabis Tax Appeal Hearing June 27, 2022

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DISCUSSION

In 2019, when staff learned that My CBD Hub LLC was operating in the City of Bellflower, in accordance with Bellflower Municipal Code (“BMC”) § 3.37.120, the Director of Finance reviewed the cannabis tax regulations within BMC Chapter 3.37 to determine whether the cannabis tax applies to retail establishments selling industrial hemp-derived products.

The cannabis tax regulations are separate from the BMC regulations governing cannabis business permits issued in accordance with BMC Title 14. After reviewing the matter and consulting with the City Attorney’s office, the Director of Finance promulgated administrative policy and procedure (“AP&P”) No. 3, which authorized collection of cannabis taxes from the businesses selling industrial hemp-derived products effective July 1, 2019. AP&P No. 3 was later amended on April 28, 2022 (Attachment No. 2), and ratified by Resolution No. 22-18 on May 9, 2022, affirming application of the cannabis tax to businesses selling industrial hemp-derived products.

My CBD Hub LLC and its attorney disagree with AP&P No. 3 and argue that the City’s Cannabis Tax Ordinance does not apply to industrial hemp-derived products. As a result, on April 18, 2022, My CBD Hub LLC and its attorney, Ms. Andrea A. Golan of Vicente Sederberg LLP, submitted a Cannabis Business Tax Exemption Application (Attachment No. 1, Exhibit C) for a refund of cannabis taxes paid since 2019 totaling $39,761.85 together with a letter containing legal arguments (Attachment No. 1, Exhibit C). Staff disagreed with the arguments and, therefore, denied the request by letter dated April 28, 2022 (Attachment No. 1, Exhibit B). On May 23, 2022, Ms. Golan filed a notice of appeal with the City Clerk in accordance with BMC § 3.37.180(B) to request a hearing to be held with the City Council (Attachment No. 1).

ANALYSIS

BMC Title 14, Cannabis-Related Businesses, governs cannabis business permits, and its definition of “cannabis” excludes industrial hemp. As a result, businesses selling industrial hemp-derived products are not required to obtain cannabis business permits.

Those regulations, however, are separate from BMC Chapter 3.37 (Cannabis Tax Ordinance). The Cannabis Tax Ordinance imposes taxes on all persons engaging in cannabis business (including illegally operating businesses). The definition of “cannabis” in Chapter 3.37 is much broader than BMC Title 14 and includes industrial hemp. As a result, businesses that sell industrial hemp-derived products are required to pay the cannabis tax even though they are not required to obtain cannabis business permits. A full explanation is included in AP&P No. 3. It is attached for reference.

As set forth in the City’s letter dated April 28, 2022, the reasoning set forth in My CBD Hub LLC’s appeal is unpersuasive. It is recommended that the City Council deny the appeal.

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Staff Report – My CBD Hub LLC Cannabis Tax Appeal Hearing June 27, 2022

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ATTACHMENTS

Attachment No. 1: Notice of Appeal of Denial of Request for Cannabis Business Tax Exemption and Refund for My CBD Hub LLC, Dated May 23, 2022 ..................... 4 Exhibit A: May 10, 2022, letter from City of Bellflower regarding commencement of the 14-day appeal period .................................... 9 Exhibit B: April 28, 2022, City of Bellflower letter of denial ................................ 11 Exhibit C: April 13, 2022, Application for Cannabis Business Tax Exemption and Refund ..................................................................................... 14 April 18, 2022, Letter from Ms. Andrea A. Golan /
Vicente Sederberg LLP ................................................................... 17 Exhibit D: Text of Measure B: A “Marijuana Tax Measure” ................................ 23 Attachment No. 2: Resolution No. 22-18 and AP&P No. 3, Revised April 28, 2022 ..... 30 - 3 -

633 W. 5th Street, 26th Floor Los Angeles, CA 90071 Tel: 310-684-2016 California | Colorado | Florida | Massachusetts | New Jersey | New York | Texas May 23, 2022
City Clerk, City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Re: Notice of Appeal of Denial of Request for Cannabis Business Tax Exemption and Refund for My CBD Hub LLC
Dear Sirs/Madams:

Pursuant to Bellflower Municipal Code ("BMC") section 3.37.180(B), My CBD Hub LLC, subsidiary of Koi CBD LLC (“Koi”) appeals the April 28, 2022, denial of Koi’s application for cannabis business tax exemption and refund (“Notice of Appeal”). This Notice of Appeal is timely submitted to the City Clerk pursuant to the 14-day appeal period commencing on May 9, 2022, the date of receipt of the City’s denial of Koi’s application for the cannabis business tax exemption and refund (“City Denial”). Attached herein are the following exhibits:

1.Exhibit A: May 10, 2022, letter from Mr. Tae Rhee regarding commencement of the 14-day appeal period

2.Exhibit B: April 28, 2022, City of Bellflower letter of denial

3.Exhibit C: Application for Cannabis Business Tax Exemption and Refund

4.Exhibit D: Text of Measure B: A “Marijuana Tax Measure” Koi appeals the City Denial on the basis that the City's imposition of a cannabis tax on the retail sale of hemp-derived products, without voter consent, violates both State statute and the Constitution of the State of California. Government Code 53723 and Article XIII, section C of the California Constitution which prohibits local governments from imposing, extending, or increasing taxes without voter approval.1 2 The City's unilateral expansion of the cannabis tax to include a gross receipts tax on non-cannabis products is an "increase" within the meaning of the Government Code and Article XIII C and requires taxpayer consent. Accordingly, Koi should not be subject to a gross receipts cannabis tax for the sale of products that do not contain cannabis. 1 Government Code 57323 requires local governments to seek voter approval of all new general taxes. It provides:
"No local government, or district, whether or not authorized to levy a property tax, may impose any general tax unless and until such general tax is submitted to the electorate of the local government, or district and approved by a majority vote of the voters voting in an election on the issue." (Gov. Code, § 53723, italics added.) 2 No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. (Cal. Const., art. XIII C, § 2, subd. (b).) - 4 -

2 Contrary to the City’s assertion, when Bellflower voters voted in favor of a Marijuana Tax,3 they did not intend for such tax to include non-marijuana products. State and federal law distinguish between “hemp,” an agricultural product containing not more than 0.3% tetrahydrocannabinol, and “marijuana,” a Schedule I Controlled Substance under federal law subject to a highly controlled and comprehensive regulatory framework under state law. Moreover, the plain meaning of the word “marijuana,” as understood by the ordinary person and by its dictionary definition, means a psychoactive substance smoked or ingested for its intoxicating effect. In other words, not hemp.

The Measure B Marijuana Tax was placed on the ballot by the City Council immediately following the passage of Proposition 64 (the Adult Use of Marijuana Act or "AUMA"). The Measure’s "Official Arguments" in favor of Measure B, signed by both the City's mayor pro tem Ron Schnablegger and city councilmember Ray Dunton, make express reference to AUMA:

We recognize that cultivation and distribution of cannabis is not necessarily a preferred activity among all facets of the community. However, it is simply a matter of good government to regulate and tax a lucrative business that that has been overwhelmingly approved by voters throughout the State and in the City on November 8, 2016."4

The "Official Arguments" continue to explain that the Measure "will be implemented through a tightly regulated Conditional Use Permit (CUP) process and regulatory ordinance. It is the City's intent to allow only a very limited number of highly qualified operators to do business in the City.”5 Hemp operations in the City are not subject to a “tightly regulated Conditional Use Permit (CUP) process, nor have they ever been. Nor does the City limit hemp operations to “only a very limited number of highly qualified operators to do business in the City.”

In addition, Measure B's “Impartial Analysis” provided by the office of the Bellflower City Attorney, sets forth the comprehensive system that mirrors AUMA, to legalize, control, and regulate the cultivation, processing, manufacture, distribution, and sale of recreational cannabis products for use by adults 21 years and older.6 Here, nothing in Measure B or the ballot materials addressed taxing or regulating products that are not subject to this comprehensive regulatory structure.

Moreover, unlike Measure B, Proposition 64 did explain to voters the legal distinction between hemp and cannabis. The Proposition 64 ballot initiative set forth twenty-seven distinct purposes, one of which is to "[a]llow industrial hemp to be grown as an agricultural product, and for agricultural or academic research, and regulated separately from the strains of cannabis with higher delta-9 tetrahydrocannabinol concentrations."7

3 Los Angeles County Elections Office, "CONSOLIDATED MUNICIPAL AND SPECIAL ELECTIONS MARCH 7, 2017: MEASURES APPEARING ON THE BALLOT."
4 Bellflower Elections, Ballot Pamp. Official arguments in favor of Measure B (Mar. 7, 2017). 5 Id.
6 Id.
7 Id.
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3 Additionally, the official argument submitted in opposition of Measure B could not be construed by voters to encompass hemp or non-intoxicating hemp products:

Official arguments.

The following argument was submitted in opposition of Measure B:

Argument Against 12 Pot Businesses in Bellflower & their taxation

Please VOTE NO, against the sale of pot in our city!

This measure doesn't allow enough distance away from schools, safe passages to & from school, homes where children live, & churches from these 12 pot businesses that could harm the brain development of kids with an increased drug supply & drug culture.

Maybe a few pot businesses, but 12?

Is the city withholding accurate information about the true nature of the city's finances?

Why wasn't a community task force set up to research the best practices on such an important issue to develop our community standards on this issue with forums at local schools & parks?

Federal law is against this, plus a new President might enforce all drug laws.

His proposed Attorney General is against Pot Businesses. Especially if Marijuana sold in Bellflower will be sold in another state, like what is happening in Colorado. We should take a wait & see approach to this, like surrounding bedroom communities. We do not have large industrial areas to hide pot businesses, like Long Beach.

With the city's new direction will our property values drop? What will be the total liability & cost to the city & its residents with higher emergency room visits with kids experimenting at a higher levels. VOTE NO, SAY NO TO POT & TAXES!8

It is evident these arguments are not directed towards non-intoxicating consumer products permissible to manufacture, distribute, and sell without a state cannabis license.

(
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4 Pursuant to BMC 3.37.090, "the tax imposed by this [Cannabis Tax Ordinance] does not apply to any person when imposition of such tax would violate a Federal or State statute, the Constitution of the United States, or the Constitution of the State of California." The City's imposition of a cannabis tax on the retail sale of hemp-derived products, without voter consent, violates both State statute and the Constitution of the State of California. Government Code 53723 and Article XIII, section C of the California Constitution prohibit local governments from imposing, extending, or increasing taxes without voter approval.9 10 The City's unilateral expansion of the cannabis tax to include a gross receipts tax on non-cannabis products is an "increase" within the meaning of the Government Code and Article XIII C and requires taxpayer consent. Accordingly, Koi requests the City grant this appeal by exempting Koi from the City’s cannabis tax and refunding the sum of $39,761.85 in cannabis tax paid to the City from October 2019 to April 2022.

Sincerely,

Andrea A. Golan
Vicente Sederberg LLP

9 Government Code 57323 requires local governments to seek voter approval of all new general taxes. It provides:
"No local government, or district, whether or not authorized to levy a property tax, may impose any general tax unless and until such general tax is submitted to the electorate of the local government, or district and approved by a majority vote of the voters voting in an election on the issue." (Gov. Code, § 53723, italics added.) 10 No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. (Cal. Const., art. XIII C, § 2, subd. (b).) - 7 -

EXHIBIT A
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May 10, 2022

Ms. Andrea A. Golan
Vicente Sederberg LLP
633 W. 5th Street, 26th Floor
Los Angeles, CA 90071

Re: 14-Day Notice of Appeal for Cannabis Tax Exemption/Refund for My CBD Hub

Dear Ms. Golan:

Per your request, this letter confirms the 14-day appeal notice period to start on Monday, May 9, 2022 and end on Monday, May 23, 2022 for My CBD Hub’s cannabis tax exemption/ refund request.

Pursuant to Section 3.37.180(B) of the Bellflower Municipal Code, you may appeal the Tax Administrator’s decision to the City Council by filing a notice of appeal with the City Clerk within 14 days of the decision or administrative ruling.

Sincerely,

Tae Rhee
Director of Finance/Cannabis Tax Administrator

cc: Brad Ridenour, CEO, My CBD Hub LLC
City Clerk, City of Bellflower
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EXHIBIT B
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EXHIBIT C
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Business Address:
(Street)(City)(State)(Zip Code)
(Street)(City)(State)(Zip Code)
Business Phone:Email Address:

Date of
Exemption: $
(List all individual amounts paid with dates)
Imposition of the tax upon the applicant violates a Federal statute and/or the Constitution of the United States.

Imposition of the tax upon the applicant violates a California statute and/or the Constitution of the State of California.

Written justification/supporting documentation attached.

Authorized Signature:Date:

Print Name & Title:Phone No.:

Tax Administrator Use Only:

Sign and Date:/ /
Print Name:

Tax Administrator
www.bellf lower.org
Mailing Address:
(if different)
The Cannabis Bus iness Tax is im posed on ev ery pers on engaged in cannabis bus ines s in the City of Bellf lower pursuant t o C hapter

3.37 of Bellf lower Municipal Code. Bellf lower Municipal Code Section 3.37.090, C onstitutional Exemptions, prov ides any pers on believ ing they are exempt f rom pay ing the tax must f ile an application with the administrator f or an exemption.

Business Name: My CBD Hub LLC
City of Bellflower Send completed application
form to:

City of Bellflower
Attn:Finance Department
16600 Civic Center Drive
Bellflower, CA 90706
Cannabis Business Tax
Exemption Application
Requested Total Refund Amount
Check all applicable boxes below:

I declare under penalty of perjury under the laws of the state of California that the statements herein and any attachments are true, correct and complete.

City of Bellflower Finance Department, 16600 Civic Center Drive, Bellflower, CA 90706 Office (562) 804-1424 Fax (562) 925-8660 Approved Denied
ver. 12/21/2021
17045 Bellflower Blvd. Bellflower, CA 90706
562.804.4405 [email protected]
X
Oct-Dec 2019; 2020; 2021; 2022 39,761.85
*SEE ATTACHED
April 13, 2022
DocuSign Envelope ID: 5C2149D6-5370-4272-AA9B-370C08BDAE66 BRAD RIDENOUR CEO 949.825.5590
X
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April 18, 2022

City of Bellflower
Attn: Finance Department
16600 Civic Center Drive
Bellflower, CA 90706

Re: Cannabis Business Tax Exemption Application for My CBD Hub LLC, Subsidiary of Koi

CBD LLC

Business Address:

My CBD Hub
17045 Bellflower Blvd.

Bellflower, CA 90706

Dear Sirs/Madams:

Pursuant to the attached Cannabis Business Tax Exemption Application and Bellflower Municipal Code ("BMC") section 3.37.090, Koi CBD LLC (“Koi”) requests an exemption from the City of Bellflower's Cannabis Tax and a refund of cannabis tax paid in the amount of $39,761.85, paid from October 2019 to April 2022. Koi’s subsidiary My CBD Hub LLC operates a single retail location in the city of Bellflower called My CBD Hub.

Pursuant to BMC 3.37.090, "the tax imposed by this [Cannabis Tax Ordinance ("CTO")] does not apply to any person when imposition of such tax would violate a Federal or State statute, the Constitution of the United States, or the Constitution of the State of California." The City's imposition of a cannabis tax on the retail sale of hemp-derived products, without voter consent, violates both State statute and the Constitution of the State of California. Government Code 53723 and Article XIII, section C of the California Constitution prohibit local governments from imposing, extending, or increasing taxes without voter approval.1 2 The City's unilateral expansion of the cannabis tax to include a gross receipts tax on non-cannabis products is an "increase" within the meaning of the Government Code and Article XIII C and requires taxpayer consent.

Accordingly, Koi should not be subject to a gross receipts cannabis tax for the sale of products that do not contain cannabis.

1 Government Code 57323 requires local governments to seek voter approval of all new general taxes. It provides:
"No local government, or district, whether or not authorized to levy a property tax, may impose any general tax unless and until such general tax is submitted to the electorate of the local government, or district and approved by a majority vote of the voters voting in an election on the issue." (Gov. Code, § 53723, italics added.) 2 No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. (Cal. Const., art. XIII C, § 2, subd. (b).) - 17 -

2 The City’s authority for the CTO is Measure B, a voter-approved Marijuana Tax 3 placed on the ballot by the City Council following the passage of Proposition 64 (the Adult Use of Marijuana Act or "AUMA"). Measure B's implementing ordinance, Ordinance 1324, and the subsequent City cannabis ordinances create a license structure and regulatory scheme that mirrors AUMA. AUMA expressly excludes "hemp" from the definition of "marijuana." And like AUMA, Bellflower Ordinances 1353 and 1351 define "cannabis" to exclude "hemp. Nothing in Measure B puts the electorate on notice that the Measure was intended to include the sale of products that do not contain cannabis. In 2019, the City notified the public through its "Administrative Policies and Procedures: App No. 3" that it would utilize two different definitions of "cannabis" -- a more expansive definition for the purpose of collecting a cannabis tax from sellers of non-cannabis hemp-derived goods and a more narrow definition for purposes of Title 14 of the BMC. 4 Not only does the City lack taxpayer consent for its broad application of cannabis tax to non-cannabis products, the City does not enforce the CTO equally upon all taxpayers that meet the definition of "dispensary.” Dozens of health and wellness retailers from CVS Health to Walgreens, Rite Aid, ULTA, and brand name apparel retailers, sell hemp-derived products within Bellflower’s city limits but are not subject to the same tax burden.

The voters who approved Measure B did not intend to impose a cannabis tax on sales of products that do not contain cannabis, nor did voters, in voting yes to "imposing a tax on cannabis- related businesses" intend to make all sellers of hemp-derived products "dispensaries" for the purpose of collecting the cannabis tax.5 Ascertaining voter intent implicates the same principles that govern statutory construction.6 The words in the initiative are given their ordinary meaning, and the initiative's language is construed in the context as a whole and the initiative's overall scheme.7 Absent ambiguity, it is presumed that the voters intend the meaning apparent on the face of an initiative measure.8 Where there is ambiguity in the language of a measure, ballot summaries and arguments are accepted sources from which to ascertain the voters' intent and understanding of a ballot measure."9 Moreover, when construing initiatives, the courts presume electors are aware of existing law.10

The full text of the ballot measure, Ordinance 1324, sets forth the licensing and tax regime for cannabis businesses. Neither the ordinances nor the initiative reference hemp operations, already permitted within the city limits and not subject to the City's or the State's cannabis licensing, tax, and regulatory regime. Under existing law in 2017, "hemp" was expressly excluded from the definition of "marijuana." And under existing law in 2017, the laws and regulations

3 Los Angeles County Elections Office, "CONSOLIDATED MUNICIPAL AND SPECIAL ELECTIONS MARCH 7, 2017: MEASURES APPEARING ON THE BALLOT."
4 City of Bellflower Administrative Policies and Procedures: App No. 3 (Jul. 25, 2019), p. 2. 5 Bellflower Elections, "Impartial analysis of Measure B." 6 Professional Engineers in California Government v. Kempton (2007) 40 Cal.4th 1016, 1037. 7 People v. Rizo (2000) 22 Cal.4th 681, 685.
8 Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 543. 9 Legislature v. Deukmejian (1983) 34 Cal.3d 658, 673, fn. 14. 10 In re Lance W. (1985) 37 Cal.3d 873, 890, fn. 11.
- 18 -

3 pertaining to the growth, production, distribution, and sale of cannabis (for medical and recreational uses) clearly did not apply to industrial hemp, nor do they apply today. 11

The impartial analysis for Measure B provided by the office of the Bellflower city attorney makes clear that the Measure arose out of the licensing scheme created by Proposition 64 and was intended for cannabis operators:

Measure B would impose a new general tax upon cannabis businesses operating within the City of Bellflower including commercial cultivation, distribution, manufacturing, and retail sales. All tax revenue derived from the tax would be deposited in the City's General Fund.

Measure B itself does not authorize or permit cannabis business activities.

Rather, beginning July 1, 2017, it authorizes imposition of an annual tax upon all commercial cannabis activities authorized by separate City Council action and state law.

For commercial cannabis cultivation (except for nurseries) the tax would be $15.00 per fiscal year, per square foot of authorized space. Commencing July 1, 2020, this tax will increase each fiscal year by $2.50 per square foot until it reaches a maximum annual tax rate of $25.00 per square foot. For nurseries, the tax would be $2.00 per square foot of authorized space.

Beginning July 1, 2020, this tax will increase each fiscal year by $1.50 per square foot until it reaches a maximum annual tax rate of $5.00 per square foot.

Every person transporting cannabis or cannabis products from one permitted business location of one permittee to another must pay an annual tax of $1,500.00 per year.

Every person who operates a dispensary, manufacturing facility, testing laboratory, or distribution facility, or engages in delivery of cannabis in the City must pay an initial annual tax of 5% of the gross receipts per fiscal year. That rate would increase on July 1, 2020 (and for each fiscal year thereafter) by 2.5% until it reaches an annual maximum tax rate of 10%.

Beginning July 1, 2024, and continuing each July 1st thereafter, non-gross receipt based cannabis taxes (cultivation, nurseries, and transportation) would increase based upon the consumer price index.

11 Food and Agriculture Code § 81000 – 81015. The California Industrial Hemp Farming Act (Senate Bill 566, Chapter 398, Statutes of 2013) was signed into law to authorize the commercial production of industrial hemp in California. See also Prop. 64, Business & Professions Code § 26001(s), as approved by voters, Gen. Elec. (Nov. 8, 2016) eff. Nov. 9, 2016.)
- 19 -

4 There is no sunset clause on the taxes. All the taxes implemented by Measure B may be suspended or reduced by City Council action. Any other increase of the tax would require voter approval.12

The "Official Arguments" in favor of Measure B, signed by both the City's mayor pro tem Ron Schnablegger and city councilmember Ray Dunton, explains that Measure B "will be implemented through a tightly regulated Conditional Use Permit (CUP) process and regulatory ordinance. It is the City's intent to allow only a very limited number of highly qualified operators to do business in the City. We recognize that cultivation and distribution of cannabis is not necessarily a preferred activity among all facets of the community. However, it is simply a matter of good government to regulate and tax a lucrative business that that has been overwhelmingly approved by voters throughout the State and in the City on November 8, 2016."13

These arguments clearly do not pertain to hemp operations or sales of hemp products.

Similarly, the Official Argument submitted in opposition of Measure B addresses the concerns for the neighborhood, for property values, kids' brain development, drug culture and increased drug supply if Measure B were to pass:

Argument Against 12 Pot Businesses in Bellflower & their taxation

Please VOTE NO, against the sale of pot in our city!

Maybe a few pot businesses, but 12?

Is the city withholding accurate information about the true nature of the city's finances?

Why wasn't a community task force set up to research the best practices on such an important issue to develop our community standards on this issue with forums at local schools & parks?

12 Bellflower Elections, Ballot Pamp. Impartial analysis of Measure B by the office of the Bellflower City Attorney as presented to the voters (Mar. 7, 2017).
13 Bellflower Elections, Ballot Pamp. Official arguments in favor of Measure B (Mar. 7, 2017). - 20 -

5 Federal law is against this, plus a new President might enforce all drug laws.

It is evident these arguments are not directed towards non-intoxicating, already legal consumer products permissible to manufacture, distribute, and sell without a state cannabis license.

Taken together, the language of the ballot Measure B, the Impartial Analysis provided by the City Attorney's office, the Arguments in Favor of Measure B (signed off on by both the City's mayor pro tem and city councilmember), the Arguments Against Measure B, and the City Council's well-documented regulatory intent, all compel the same conclusion – that the voters who enacted Measure B had no intention of imposing a cannabis tax on the sale of products that do not contain cannabis and are not subject to the licensing and regulatory framework governing the cultivation, distribution, manufacture and sale of cannabis products. Based on these facts and the law cited herein, Koi respectfully requests an exemption from the City's cannabis business tax and requests a refund of cannabis tax paid in the amount of $39,761.85.

Sincerely,

Andrea A. Golan
Vicente Sederberg LLP

14 Bellflower Elections, Ballot Pamp. Official argument against Measure B (Mar. 7, 2017). - 21 -

EXHIBIT D
- 22 -

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Measure B:

Bellower
Marijuana Tax
The basics
Bellflower, California, Marijuana Tax,
Measure B (March 2017)
A marijuana tax measure was on the ballot for Bellower voters in Los Angeles County, California, on March 7, 2017. It was approved.

A yes vote was a vote in favor of authorizing the city to impose a tax on marijuana businesses.

A no vote was a vote against authorizing the city to impose a tax on marijuana businesses.

Election results
TEXT OF MEASURE ▾PATH TO THE BALLOT SEE ALSO ▾MORE ▾
S U B S C R I B E D O N AT E
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Election date:

March 7, 2017
Status:

Approved
Topic:

Local marijuana tax
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March 7, 2017 ballot
measures in California
Los Angeles County,
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See also
Bellower, California
Measure B
Result Votes Percentage
Yes 3,159 73.84%
No 1,119 26.16%
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Text of measure
Ballot question
The following question appeared on the ballot:
“Shall the proposition imposing a tax on cannabis related businesses operating within the City of Bellower be adopted?”
Impartial analysis
[1]
[2]
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2 - 24 -

The following impartial analysis of Measure B was provided by the ofce of the Bellower city attorney:
“Measure B is a proposition placed on the ballot by the Bellower City Council. If approved by voters, Measure B would impose a new general tax upon cannabis businesses operating within the City of Bellower including commercial cultivation, distribution, manufacturing, and retail sales. All tax revenue derived from the tax would be deposited in the City’s General Fund.

Measure B itself does not authorize or permit cannabis business activities. Rather, beginning July 1, 2017, it authorizes imposition of an annual tax upon all commercial cannabis activities authorized by separate City Council action and state law.

For commercial cannabis cultivation (except for nurseries) the tax would be $15.00 per scal year, per square foot of authorized space. Commencing July 1, 2020, this tax will increase each scal year by $2.50 per square foot until it reaches a maximum annual tax rate of $25.00 per square foot. For nurseries, the tax would be $2.00 per square foot of authorized space. Beginning July 1, 2020, this tax will increase each scal year by $1.50 per square foot until it reaches a maximum annual tax rate of $5.00 per square foot.

Every person transporting cannabis or cannabis products from one permitted business location of one permittee to another must pay an annual tax of $1,500.00 per year.

Every person who operates a dispensary, manufacturing facility, testing laboratory, or distribution facility, or engages in delivery of cannabis in the City must pay an initial annual tax of 5% of the gross receipts per scal year. That rate would increase on July 1, 2020 (and for each scal year thereafter) by 2.5% until it reaches an annual maximum tax rate of 10%.

There is no sunset clause on the taxes. All the taxes implemented by Measure B may be suspended or reduced by City Council action. Any other increase of the tax would require voter approval.

Measure B would impose a “general tax.” Therefore, all tax revenue would be available for use by the City to pay for general City operations and services. The City would not be legally bound in any way to use the tax monies for any special purpose or for any particular facilities or programs. Since this ballot measure proposes a “general tax” rather than a “special tax,” it requires approval by a simple majority of the City’s voters.

A “yes” vote on Measure B favors the Measure. A “no” vote on Measure B opposes the Measure.”
[3]
[2]
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2 - 25 -

Support
Supporters
The following individuals signed the ofcial arguments in support of Measure B.

Ron Schnablegger, mayor pro tem
Ray Dunton, city councilmember
Arguments in favor
Ofcial arguments
The following argument was submitted in favor of Measure B:
“A YES vote on Measure B will make Bellower a scally sound City at no cost to the residents of Bellower. The anticipated revenues from Measure B will provide funding for needed law enforcement, including additional neighborhood patrols, parks and recreation and after-school programs. The estimated new funds of up to $3 million annually would allow the City to continue providing the existing law enforcement and economic development services provided by the existing utility user tax fees that are set to expire in April 2018. All programs funded by Measure B will be subject to citizen oversight and review, and the funds will be fully audited every year.

Measure B will be implemented through a tightly regulated Conditional Use Permit (CUP) process and regulatory ordinance. It is the City’s intent to allow only a very limited number of highly qualied operators to do business in the City. We recognize that cultivation and distribution of cannabis is not necessarily a preferred activity among all facets of the community. However, it is simply a matter of good government to regulate and tax a lucrative business that that has been overwhelmingly approved by voters throughout the State and in the City on November 8, 2016.

Vote YES on Measure B. It is a matter of good government and good business.” Opposition
Opponents
John Paul Drayer, who described himself as a homeowner and educator, signed the ofcial argument in opposition to Measure B.
[4]
[4]
[2]
[5]Thank you!
2 - 26 -

Arguments against
Ofcial arguments
The following argument was submitted in opposition to Measure B:
“Argument Against 12 Pot Businesses in Bellower & their taxation Please VOTE NO, against the sale of pot in our city!
This measure doesn’t allow enough distance away from schools, safe passages to & from school, homes where children live, & churches from these 12 pot businesses that could harm the brain development of kids with an increased drug supply & drug culture.

Where is the urgency on the part of the city manager, Mayor, & City Council for more regular businesses among the vacant lots & buildings throughout Bellower? The City will open its doors wide open for up to 12 pot businesses in your neighborhood? Why has the city given up on our family oriented community & our kids’ brain development? (google the research)
Maybe a few pot businesses, but 12?
Is the city withholding accurate information about the true nature of the city’s nances? Why wasn’t a community task force set up to research the best practices on such an important issue to develop our community standards on this issue with forums at local schools & parks?
Federal law is against this, plus a new President might enforce all drug laws. His proposed Attorney General is against Pot Businesses. Especially if Marijuana sold in Bellower will be sold in another state, like what is happening in Colorado. We should take a wait & see approach to this, like surrounding bedroom communities. We do not have large industrial areas to hide pot businesses, like Long Beach.

With the city’s new direction will our property values drop? What will be the total liability & cost to the city & its residents with higher emergency room visits with kids experimenting at a higher levels. VOTE NO, SAY NO TO POT & TAXES!” Path to the ballot
See also: Laws governing local ballot measures in California This measure was put on the ballot through a vote of the Bellower City Council. [5]
[2]
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The link below is to the most recent stories in a Google news search for the terms Bellower Local marijuana tax Measure B. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Bellower, California, Marijuana Tax, Measure B (March 2017) - Google News
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External links
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Footnotes
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1. Los Angeles County Elections Ofce, "CONSOLIDATED MUNICIPAL AND SPECIAL ELECTIONS MARCH 7, 2017: MEASURES APPEARING ON THE BALLOT," accessed January 8, 2017

2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

3. Bellower Elections, "Impartial analysis of Measure B," accessed March 7, 2017

4. Bellower Elections, "Argument in favor of Measure B," accessed March 7, 2017

5. Bellower Elections, "Arguments against Measure B," accessed March 7, 2017 Click to show less.

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2 - 29 -

CITY OF BELLFLOWER
RESOLUTION NO. 22-18

A RESOLUTION RATIFYING ADMINISTRATIVE POLICY AND
PROCEDURE NO. 3 ("AP&P NO. 3"), AS AMENDED,

DETERMINING THAT THE CITY OF BELLFLOWER'S CANNABIS

TAX APPLIES TO THE SALE OF INDUSTRIAL HEMP-DERIVED

PRODUCTS
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds and declares as follows:

A. Bellflower Municipal Code ("BMC") § 3.37.120 authorizes the City Manager, or designee, to implement BMC Chapter 3.37 by, in part, promulgating administrative policies and procedures ("AP&P") to facilitate collection of the cannabis tax authorized by voters in 2017.

B. On June 25, 2019, the City Manager promulgated AP&P No. 3 that was subsequently amended on April 28, 2022 and is attached as Exhibit "A," and incorporated by reference. As set forth in AP&P No. 3, the cannabis tax imposed by BMC Chapter 3.37 applies to all retail establishments selling industrial hemp-derived products within the City's jurisdiction. As urther detailed within AP&P No. 3, while such retail establishments may be required to pay the cannabis tax, they may not be required to obtain a cannabis business permit contemplated by BMC Title 14.

SECTION 2. Ratification. The City Council finds that it is in the public ir.terest to ratify the City Manager's actions in promulgating AP&P No. 3 in order to properly implement the will of the voters as set forth in BMC Chapter 3.37 and assist in the collection of the cannabis tax. Accordingly, the City Council retroactively ratifies AP&P No. 3 effective July 1, 2019 and authorizes its implementation since that date and as amended April 28, 2022.

SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or appl!cations and, to this end, the provisions of this Resolution are severable.

Page 1 of 2 ends

- 30 -

City of Bellflower
Resolution No. 22-18

Page 2 of 2 ends

SECTION 5. The Mayor, or presiding officer, is authorized to affix a signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 6. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 7. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF TH CITY OF BELLFLOWER ON THIS 9T" DAY OF MAY 2022.

Ray D tor., Mayor
ATTEST:
i
ayy O iqui, ty Clerk

APPROV A
Karl H. Berger, it Attorney
ATTACHMEp T.
l
Amended AP&P No. 3
- 31 -

ADMINISTRATIVE POLICIES AND PROCEDURES
APP NO.: 3 (Revised 4/28/2022)

WHEN THE GROSS RECEIPTS TAX ON CANNABIS DISPENSARIES APPLIES TO

PERSONS ENGAGED IN THE BUSINESS OF SELLING CANNABIS PRODUCTS

DERIVED FROM INDUSTRIAL HEMP
I.Purpose and Applicability
Every person who is engaged in business as a dispensary in the City of Beilflower must pay an annual commercial cannabis tax based on a percentage of gross receipts per fiscal year. For purposes of Title 3, Chapter 3.37 (the "Cannabis Tax Ordinance"), dispensary" is defined as "a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale."2 For purposes of the Cannabis Tax Ordinance, "cannabis" is defined as:

A]II parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis"also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Health and Safety Code Section 11018 and is not limited to medical cannabis."3
By contrast, for purposes of Title 14 (Cannabis-Related Businesses) "cannabis" is defined as set forth in Business & Professions Code section 26001(. That section provides:

Cannabis' means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. 'Cannabis' also means the separated resin, whether crude or purified, obtained from cannabis. 'Cannabis' does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, 'cannabis' BMC § 3.37.060(D)(1).

BMC § 3.37.020
3 BMC § 3.37.020.

Page 1 of 3 ends

- 32 -

ADMINISTRATIVE POLICIES AND PROCEDURES
APP NO.: 3 (Revised 4/28/2022)
does not mean 'industrial hemp' as defined by Section 11018.5 of the Health and Safety Code."
The definition of"cannabis" in the Cannabis Tax Ordinance is broader insofar as it does not exclude "industrial hemp." Accordingly, references to "cannabis" and "cannabis products" in the Cannabis Tax Ordinance necessarily include industrial hemp and industrial hemp-derived products.

Health and Safety Code section 11018.5 defines "industrial hemp" as a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom."
In the Agriculture Improvement Act of 2018 (the "Farm Bill"), effective January 1, 2019, Congress removed industrial hemp-derived products from Schedule I status under the Controlled Substances Act, provided that the hemp is produced in a manner consistent with the Farm Bill, federal regulations, state regulations, and by a licensed grower.

Division 24 of the California Food and Agriculture Code provides for the cultivation of industrial hemp by registered growers and established agricultural research institutions.

Industrial hemp-derived products have soared in popularity recently, particularly cannibidiol (CBD) oil and products infused with CBD oil. An increasing number of retail establishments are incorporating these industrial-hemp derived goods into their product mix and some retail establishments are choosing to specialize in the sale of industrial hemp-derived products, making them the focus of their business model.

This policy addresses the question of when a retail establishment selling cannabis products derived from industrial hemp becomes a "dispensary" for purposes of the Cannabis Tax Ordinance and, therefore, subject to the applicable gross receipts tax.

This policy does not apply to any person or retail establishment engaged in the business of selling cannabis or cannabis products that are not derived from industrial hemp.

II. Definitions
Uniess the contrary is stated or clearly appears from the context, the words and phrases used herein have the meaning set foRh in BMC Chapter 3.37.

Page 2 of 3 ends

- 33 -

ADMINISTRATIVE POLICIES AND PROCEDURES
aPP No.: s Re isea 4 as/2o22
III. Administration
For purposes of the Cannabis Tax Ordinance, a retail establishment is a "dispensary" for purposes of BMC § 3.37.060(D)(1)°, and therefore subject to the applicable gross receipts tax, if more than 50% of the establishmenYs overall gross receipts5 are attributable to the sale of cannabis products derived from industrial hemp.

Reference: BMC § 3.37.060(D)(1);
Authority: BMC § 3.37.120
APPROVED:

City Manager ,
APPROVED AS TO FORM:

CityAitomey
Origination: 7/25/2019 j
Revised: 4/2812022
This does not mean the establishment would necessarily be classified as a "dispensary" for purposes of Title 14 and, therefore, require a Cannabis Business Permit to operate lawfully. Because "industrial hemp" is not within the definition of"cannabis" as used in Title 14, a cannabis business permit is not required for the sale of cannabis products derived from industrial hemp. 5 In this context, "overall gross receipts" means the total gross receipts of the retail establishment.

Page 3 of 3 ends

- 34 -

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 22-18 was duly passed, approved, and adopted by the City Council of the City of Beliflower at the Regular Meeting of the City Council on May 9, 2022, by the following vote to wit:

AYES: Council Members — Sanchez, Santa Ines, Hamada, Koops and Mayor Dunton
Dated: May 10 2022
Mayr Oc qui, C C erk
City f B Ilflower, California
SEAL)
- 35 -

Supplemental Information
for
Item 11-A, My CBD Hub LLC Appeal Hearing

Dean C. Logan
Los Angeles County
Registrar-Recorder/County Clerk
Official Sample Ballot
Consolidated Municipal and
Special Elections
March 7, 2017
Polls open at 7 am and close at 8 pm

lavote.net

044

PAGE
2 CITY

BELLFLOWER CITY GENERAL MUNICIPAL ELECTION
Member of the
City Council
JUAN F. GARZA Appointed Councilmember/Consultant 28
Vote for no more
than Two
JOHN PAUL DRAYER Educator/Businessman 29
DAN KOOPS Council Member/Businessman 30
RENE E. MEJIA Healthcare Wholesaler/Educator 31
ROBERT "BOB" WILSON Small Business Owner 32

BELLFLOWER CITY SPECIAL MUNICIPAL ELECTION
B
CANNABIS TAX. Shall the proposition imposing a tax on cannabis related businesses operating within the City of Bellflower be adopted?
35 YES
36 NO
PLEASE NOTE: The order in which candidates' names appear on the ballot is determined by a random drawing of 26 letters of the alphabet.

END OF BALLOT
02-01202-012 LA 044-009

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE B
Measure B is a proposition placed on the ballot by the Bellflower City Council. If approved by voters, Measure B would impose a new general tax upon cannabis businesses operating within the City of Bellflower including commercial cultivation, distribution, manufacturing, and retail sales. All tax revenue derived from the tax would be deposited in the City’s General Fund.

Measure B itself does not authorize or permit cannabis business activities.

Rather, beginning July 1, 2017, it authorizes imposition of an annual tax upon all commercial cannabis activities authorized by separate City Council action and state law.

Every person transporting cannabis or cannabis products from one permitted business location of one permittee to another must pay an annual tax of $1,500.00 per year.

There is no sunset clause on the taxes. All the taxes implemented by Measure B may be suspended or reduced by City Council action. Any other increase of the tax would require voter approval.

A “yes” vote on Measure B favors the Measure. A “no” vote on Measure B opposes the Measure.

PR-005043-1 LA 044-035

ARGUMENT IN FAVOR OF MEASURE B

A YES vote on Measure B will make Bellflower a fiscally sound City at no cost to the residents of Bellflower. The anticipated revenues from Measure B will provide funding for needed law enforcement, including additional neighborhood patrols, parks and recreation and after-school programs. The estimated new funds of up to $3 million annually would allow the City to continue providing the existing law enforcement and economic development services provided by the existing utility user tax fees that are set to expire in April 2018. All programs funded by Measure B will be subject to citizen oversight and review, and the funds will be fully audited every year.

Measure B will be implemented through a tightly regulated Conditional Use Permit (CUP) process and regulatory ordinance. It is the City’s intent to allow only a very limited number of highly qualified operators to do business in the City. We recognize that cultivation and distribution of cannabis is not necessarily a preferred activity among all facets of the community. However, it is simply a matter of good government to regulate and tax a lucrative business that that has been overwhelmingly approved by voters throughout the State and in the City on November 8, 2016.

Vote YES on Measure B. It is a matter of good government and good business.

RON SCHNABLEGGER

Mayor Pro Tem

RAY DUNTON

City Councilmember

PR-005043-2 LA 044-036

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE B
The Rebuttal Against the 12 Pot Businesses & New City Taxes PLEASE VOTE NO AGAINST THE 12 PROPOSED POT BUSINESSES &

NEW TAXES
This is a question of zoning & changing the quality of life issues in our Family Friendly Hometown of Bellflower. How many new POT businesses will determine the change in the character, & direction of our city. Can we afford these extra police & city code enforcement costs?
The question of advertising to minors has not been fully answered by the city council in their mad rush to waste taxpayers money by prematurely placing this on the ballot without a complete community engagement or answering all our concerns to protect the brain development of our children.

Why didn’t the city engage in community forums with parents & concerned citizens in the 12 proposed Pot Business locations throughout the city at the nearest Park or School to them, to seriously, truthfully, & honestly discuss the total impacts to these neighborhoods. Will their property values drop, will the Pot businesses try to recruit children, will the Pot Businesses have insurance if Pot is still against Federal Law, will insurance rates go up? What has happened in the other states & neighborhoods that have legalized Pot? We need to fully educate the public of all the risks. We are not prepared! The city has put the cart before the horse! This is bad public policy!
PLEASE VOTE NO ON THE 12 POT BUSINESSES!

JOHN PAUL DRAYER
Bellflower Homeowner, Educator
562 331-5028
PR-005043-3 LA 044-037

ARGUMENT AGAINST MEASURE B

Argument Against 12 Pot Businesses in Bellflower & their taxation Please VOTE NO, against the sale of pot in our city!
This measure doesn’t allow enough distance away from schools, safe passages to & from school, homes where children live, & churches from these 12 pot businesses that could harm the brain development of kids with an increased drug supply & drug culture.

Where is the urgency on the part of the city manager, Mayor, & City Council for more regular businesses among the vacant lots & buildings throughout Bellflower? The City will open its doors wide open for up to 12 pot businesses in your neighborhood? Why has the city given up on our family oriented community & our kids’ brain development? (google the research) Maybe a few pot businesses, but 12?
Is the city withholding accurate information about the true nature of the city’s finances?
Why wasn’t a community task force set up to research the best practices on such an important issue to develop our community standards on this issue with forums at local schools & parks?
Federal law is against this, plus a new President might enforce all drug laws. His proposed Attorney General is against Pot Businesses. Especially if Marijuana sold in Bellflower will be sold in another state, like what is happening in Colorado. We should take a wait & see approach to this, like surrounding bedroom communities. We do not have large industrial areas to hide pot businesses, like Long Beach.

JOHN PAUL DRAYER

Bellflower Homeowner & Educator 562 331-5028

[email protected]

PR-005043-4 LA 044-038

REBUTTAL TO ARGUMENT AGAINST MEASURE B

The argument against Measure B is a purposeful misrepresentation of the facts, and like a report from a poor student, it needs to be corrected.

Correction #1 – The effort to regulate cannabis in Bellflower is not being considered with a sense of “urgency.” The City Council began researching “best practices” last April and is still engaging the community in finalizing its standards.

Correction #2 – The Conditional Use Process being considered for cannabis facilities is a tightly regulated process, which includes approvals by the City’s Planning Commission, City Council and the State of California. It is not an “Open Arms” approach and a set number of approved facilities has not been decided.

Correction #3 – The City’s efforts include every protection for our young people – starting with regulations that EXCEED the Proposition 64 standards approved by the voters. State law requires every commercially grown cannabis plant to be tagged and traceable. Anyone seeking to pass such cannabis to kids will be caught and arrested.

Correction #4 – Whether we like it or not, cannabis was approved by voters throughout the State, and in Bellflower, on November 8. Measure B is recognition by the current City Council that local regulation and taxation of cannabis presents an opportunity to make Bellflower fiscally sound. The “wait and see” approach stated within the argument against Measure B has failed Bellflower many times in the past.

It is not time to wait and see! VOTE YES ON MEASURE B.

RON SCHNABLEGGER

Mayor Pro Tem

RAY DUNTON

Councilmember

PR-005043-5 LA 044-039

PROPOSED ORDINANCE OF MEASURE B

A PROPOSITION ADOPTING AN ORDINANCE TO APPROVE ARTICLE II OF CHAPTER 3.37 TO TITLE 3 OF THE BELLFLOWER MUNICIPAL CODE ENTITLED “CANNABIS TAX” AND IMPOSING A TAX ON VARIOUS
CANNABIS RELATED BUSINESSES.

THE PEOPLE OF THE CITY OF BELLFLOWER DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Article II of Chapter 3.37 in Title 3 of the Bellflower Municipal Code (“BMC”) , entitled “Cannabis tax,” is approved to read as follows:
“ARTICLE II – VOTER APPROVED TAX
§ 3.37.040 VOTER APPROVAL REQUIRED.

This Article II of Chapter 3.37 of the Bellflower Municipal Code must be approved by voters in accordance with applicable law.
§ 3.37.050 TAX IMPOSED.

There is established and imposed, beginning July 1, 2017, a cannabis tax in the manner and rates set forth in this chapter.
§ 3.37.060 CANNABIS TAX.

A. Tax on commercial cannabis cultivation except nurseries.

1. Every person who is engaged in commercial cannabis cultivation in the City must pay an annual Cannabis tax. The initial tax rate effective July 1, 2017 for commercial cannabis cultivation, excluding nurseries, is set at $15.00 per fiscal year, per square foot of canopy space authorized by each City permit, or by each state license in the absence of a City permit, not deducting for unutilized square footage. The square footage is the maximum square footage of canopy allowed by the City permit for commercial cannabis cultivation, or, in the absence of a City permit, the square footage is the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. In no case can canopy square footage which is authorized by the permit or license, but not utilized for cultivation, be deducted for the purpose of determining the tax for cultivation unless duly authorized in writing by the administrator.

2. Beginning on July 1, 2020, the tax rate will automatically increase each fiscal year by $2.50 per square foot of authorized canopy. Except as otherwise provided, the maximum tax rate is $25.00 per square foot. (Continued on next page)

PR-005043-6 LA 044-040

PROPOSED ORDINANCE OF MEASURE B (Continued)

B. Tax on cultivation of cannabis as a nursery.

1. Every person who is engaged in cultivation of cannabis as a nursery as defined in this chapter in the City must pay an annual Cannabis tax. The initial tax rate effective July 1, 2017 is set at $2.00 per square foot of canopy authorized by each City permit, or by each state license in the absence of a City permit, not deducting for unutilized square footage. The square footage is the maximum square footage of canopy allowed by the City permit for cultivation of cannabis as a nursery, or, in the absence of a City permit, the square footage is the maximum square footage of canopy for cultivation of cannabis as a nursery allowed by the state license type. In no case must canopy square footage which is authorized by the permit or license but not utilized for cultivation as a nursery be deducted for the purpose of determining the tax for cultivation as a nursery unless duly authorized in writing by the administrator.

2. Beginning on July 1, 2020, such tax rate will automatically increase each fiscal year by $1.50 per square foot of canopy utilized for cannabis cultivation as a nursery. Except as otherwise provided, the maximum tax rate is $5.00 per square foot per annum.

C. Tax on transportation businesses.

Every person who is engaged in a cannabis transportation business must pay an annual Cannabis tax of $1,500.00 per year effective July 1, 2017.

D. Tax on all other commercial cannabis businesses.

1. Every person who is engaged in business as a dispensary, manufacturer, testing laboratory, or distribution facility, or engaging in delivery of cannabis in the City must pay an annual commercial Cannabis tax. The initial tax rate effective July 1, 2017 is set at 5% of the gross receipts per fiscal year.

2. Beginning on July 1, 2020, the tax rate will automatically increase each fiscal year by 2.5%. Except as otherwise provided, the maximum tax rate is 10% per fiscal year on gross receipts.
§ 3.37.070 AUTOMATIC TAX INCREASE.

A. Beginning on July 1, 2024, non-gross receipts based taxes imposed by this chapter will be increased annually each July 1st on a percentage basis using the percentage increase in the consumer price index (“CPI”) for all urban consumers as calculated by the United States Department of Labor, Bureau of Labor Statistics, for the Los Angeles-Riverside-Orange County area, for the 12 months ending March 31st of each year.
(Continued on next page)
PR-005043-7 LA 044-041

PROPOSED ORDINANCE OF MEASURE B (Continued)

B. Notwithstanding any other provisions of this code, the tax imposed in this chapter will be increased by a minimum of one cent ($0.01) every year for square footage-based or other non-gross receipts based taxes. § 3.37.080 REPORTING AND REMITTANCE OF TAX.

A. Each person required by this chapter to remit a tax must file a return to the administrator on forms approved by the administrator on or before the due date. The full amount of the tax owed must be included with the return and filed with the administrator. The administrator is authorized to require such additional information as deemed necessary to determine if the tax is being levied, collected, and remitted in accordance with this chapter. Pursuant to Revenue and Tax Code § 7284.6, the administrator, and its agents, must maintain such filing returns as confidential information, and not subject to the California Public Records Act.

B. The Cannabis tax imposed by this chapter is imposed on a fiscal year basis and is due and payable in quarterly installments as follows:

1. Each person or business owing a Cannabis tax must, on or before the last day of the month following the close of each fiscal year quarter remit to the administrator the tax due. The tax due is no less than the quarterly installment due, but the taxpayer may at any time pay the tax due for the entire fiscal year.

2. If the Cannabis tax is owed on commercial cannabis cultivation, the square footage tax due is paid based on the square footage of cultivation authorized by the City permit. The tax will not be prorated or adjusted for any reduction in the square footage authorized but not utilized for cultivation unless duly authorized in writing by the administrator. If the cultivation begins in the middle of a fiscal year, the administrator must prorate, in daily increments, the amount due for the fiscal year.

C. Tax statements and payments for all outstanding taxes owed the City are immediately due to the administrator upon cessation of business for any reason.

D. The administrator may establish shorter reporting and payment periods for any taxpayer as the administrator deems necessary to ensure collection of the tax.

E. The administrator may, as part of administering the tax, modify the form of payment and take such other administrative actions as needed to facilitate collection of the tax.
(Continued on next page)

PR-005043-8 LA 044-042

PROPOSED ORDINANCE OF MEASURE B (Continued)

§ 3.37.090 CONSTITUTIONAL EXEMPTIONS.

A. The tax imposed by this chapter does not apply to:

1. Any person or service when imposition of the tax upon that person or service would violate a federal or state statute, the Constitution of the United States, or the Constitution of the state of California;

2. The city.

B. Except as otherwise provided, any person that is exempt from the tax imposed by this chapter must file an application with the administrator for an exemption. The application for a Tax exemption must be made upon a form approved by the administrator and state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and include the names of all utility service providers serving that person. If deemed exempt by the administrator, such person must give the administrator timely written notice of any change in utility service providers so that the administrator can properly notify the new utility service provider of the person’s Tax exempt status.

C. A person failing to comply with this section is not entitled to a refund of Tax remitted to the administrator from such person as a result of such non-compliance. § 3.37.100 SUSPENSION OR REDUCTION.

Nothing in this chapter requires the City Council to collect a tax; the city council may suspend or reduce tax rates imposed by this chapter by resolution after a public hearing.
§ 3.37.110 CITY COUNCIL AUTHORITY TO AMEND.

Unless voter is approval is required by the California Constitution or applicable law, the City Council may exercise all applicable powers set forth in the Government Code including, without limitation, amending this chapter by ordinance upon three affirmative votes by its members. It may, in additional, adopt by ordinance or resolution such additional regulations that may be necessary to implement the purposes of this chapter.”
SECTION 2. Environmental Analysis. This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
(Continued on next page)
PR-005043-9 LA 044-043

PROPOSED ORDINANCE OF MEASURE B (Continued)

SECTION 3. Interpretation. This Proposition must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Proposition is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Proposition.

The voters declare that this Proposition, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Proposition is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Proposition that can be given effect without the invalid application.

SECTION 4. Severability. If any portion of this Proposition is held by a court of competent jurisdiction to be invalid, the remainder of the Proposition and the application of such provision to other persons or circumstances will not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Proposition by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Proposition, and then adopting or reenacting such portion as necessary or desirable to allow imposition of the tax.

SECTION 5. Construction. This Proposition must be broadly construed in order to achieve the purposes stated in this Proposition. It is the intent of the voters that the provisions of this Proposition be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Proposition.

SECTION 6. Effective Date. This Proposition will enact and impose a general tax. Accordingly, it will be submitted to a general election on March 7, 2017 for voter approval. If a majority of voters vote in favor of this Proposition, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217.

SECTION 7. City Council Authority. BMC Chapter 3.37 may be repealed or amended by a majority of the City Council without voter approval. However, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Proposition as required by California Constitution Article XIIIC.

Should the provisions of Government Code § 53720, et seq. or California Constitution Article XIIIC be repealed or amended, or interpreted by the courts so that voter approval is not required for enacting this Proposition, then this Proposition will take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances.

SECTION 8. Effective Date. The Mayor will sign this Proposition and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City’s general election on March 7, 2017 approve the Proposition.

PR-005043-10 LA 044-044

tAC� of BELLY p Wim.
1 • t
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, Cify Manager
FROM: Elizabeth Corpuz, Director of Planning Cl" Building Services Kathryn Brun, Assistant Planner
SUBJECT: Consideration and possible action to conduct a public hearing to read by title only, waive further reading, and introduce Ordinance No. 1417 — An Ordinance amending certain sections of Bellflower Municipal Code ("BMC") Title 17 (Zoning) pertaining to allowable uses, development standards, and process and procedures in the Town Center (TC) District.

DATE:

June 27, 2022
EXECUTIVE SUMMARlt'
If adopted, the Ordinance would amend Bellflower Municipal Code ("BMC") Chapters

17.04 (General Provisions), 17.08 (Definitions), and 17.48 (Town Center (TC) District) pertaining to allowable uses, development standards, and process and procedures within the TC District. This Ordinance would add definitions for certain uses, allow for artisanal manufacturing uses, update and simplify the allowable uses table, and streamline the approval process for various uses including, without limitation, alcohol sales for restaurants, breweries, and distilleries. The Ordinance would also remove the "Area 1" and "Area 2" designations of the Town Center District. On May 16, 2022, the Planning Commission adopted Resolution No. PC 22-08 recommending that the City Council make the changes within the proposed Ordinance.

1. Open the public hearing,
considering the evidence,
take testimonial
Ordinance No. 1417; or
and documentary evidence and, after
read by title only, waive further reading, and introduce

2. Alternatively, discuss and take other action related to this item.

None.
—1—

• • 1417
une 27, 2022
� . g

PUBLIC NOTICE
On June 14, 20227 a notice of the hearing was provided to all property owners within 300 feet of the project area; on June 16, 2022, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Caruthers Park, Thompson Park, and Simms Park; and on June 16, 2022, a Public Hearing Notice was published in the Herald American newspaper.

ENVIRONMENI'�4L REVIEW
The Ordinance was reviewed pursuant to the California Environmental Qualify Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. After evaluating possible environmental impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

DISCUSSION
On May 28, 1996, the City Council adopted Ordinance No. 869 establishing the Town Center (TC) District. The ordinance established a Permitted, Conditionally Permitted, and Not Permitted Uses table for Area 1 and Area 2 of the TC District with the purpose of promoting traditional specialty retail uses and entertainment activities.

In 2020, the City retained Recast City, LLC to advise the City regarding developing the downtown area. This consultant focused on the potential of small scale and artisanal manufacturing to fill vacant store fronts and spur new development in Downtown Bellflower. Artisan manufacturing involves the use of small hand, mechanical, and electronic tools to manufacture products such as food and bakery products, leather goods, furniture, jewelry and clothing. On April 6, 2021, the City Council considered recommendations from the consultant and gave direction to solicit additional community input. On April 6, 2021, Recast City presented a report with its findings and recommendations to the City Council. The consultant provided an implementation plan that included adding an "artisan manufacturing" definition to the Bellflower Municipal Code ("BMC") and allowing that use within the TC District.

The draft ordinance would implement the Recast City plan by amending BMC Chapter

17.48 (Town Center (TC) District); adding definitions to Chapter 17.08; and amending regulations in Chapter 17.04. In sum, these changes would allow artisanal/small scale manufacturing; requiring a minor conditional use permit (MCUP) instead of a conditional use permit (CUP) for alcohol sales in conjunction with a permitted restaurant, brewery or distillery; removing the distinction between Area 1 and Area 2 of the TC District and combining the allowable uses; revising the entire allowable uses table; removing antiquated uses such as outdoor newsstands; and modifying the process and procedures to allow a more streamlined review process.

Staff Report — Ordinance No. 1417
June 27, 2022

Page 3 of 3 ends

DISCUSSION — Continued
On May 161 2022, the Planning Commission held a public hearing to consider the proposed text amendments. After closing the public hearing, the Planning Commission adopted Resolution No. PC 22-08 which recommends that the City Council make the N
hanges in the draft Ordinance.

The Planning Commission's recommendation was to amend BMC � 17.48.140 (B) to change the requirement that a property with a drive-in or drive-through be "cleaned" weekly rather than "washed" weekly. This section is now proposed to be removed in its entirety since it would. be more appropriate to be included as a condition of approval rather than a development standard.

ATTACHMENTS
A. Ordinance No. 1417.....................................................................................4 B. Planning Commission Staff Report (without Attachments)..................................34 C. BMC Chapter 17.48 with Markups ...... age Now MEN man PON was ......... Sam ago Mae ago ....................36 D. Recast City, LLC Report.............................................................................73

�& MA MIMS]TILT1=1 �
1 . J
SECTI®N °I. Findings. The City Council finds and declares as follows:

A. The City desires to amend the Bellflower Municipal Code ("BMC") to change the allowable uses, development standards, and process and procedures within the Town Center (TC) District. This Ordinance — identified as Zoning Ordinance Text Amendment (ZOTA) Case No. ZOTA 22-01 — amends BMC Chapters 17.04, 17.08 (Definitions), and 17.48 (TC District); B. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations"); C. Notices of Public Hearings before the Planning Commission and City Council were duly given and published in the time, form and manner as required by law; D. On May 16, 2022, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including information provided to the Planning Commission by City staff and public testimony;
E. On May 16, 2022, the Planning Commission adopted Resolution Flo. PC 22-08 recommending LY Council approve this Ordinance;
F. On June 27, 2022, the City Council held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including information provided by City staff and public testimony; and G. This Ordinance and its findings are made based on the entire administrative record including testimony and evidence presented to the City Council at its June 27, 2022 hearing, including, without limitation, the staff report submitted by the Planning Department.

RECTI®N 2. General Plan Findings. Pursuant to Government Code § 65860, the changes implemented by this Ordinance are consistent with the General Plan. Among other things, this Ordinance will help implement the following General Plan Land Use Element - Town Center policy and programs: Policy 1 which is to "promote the Town Center as the commercial, entertainment, social and civic hub of the community Implementation Program 1.1, "accommodate and promote a full diversity of specialty retail, restaurant and food sales, general merchandise, new apparel and accessories, personal services, entertainment, and cultural uses; and Implementation Program 1.3, "promote entertainment activities."

Page 1 ends

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SECTION 3. Zoning Ordinance Text Amendment Findings. Pursuant to BMC

17.104.010, the City Council makes the following findings:

A. There are changed conditions since the existing zoning regulations became effective that warrant the proposed amendment to the BMC, such as the desire to allow artisan manufacturing in the TC District. To further promote the TC District and to fill vacant storefronts, this Ordinance amends the allowable uses in the TC District. This Ordinance would allow for artisanal manufacturing uses with a customer service storefront and amend antiquated uses (e.g., outdoor newsstands). In addition, the Ordinance amends the development standards and application procedures for various uses to streamline the approval process.

B. The proposed amendment to the BMC will not adversely affect adjoining property as to the value or precedent and will not be detrimental to the area in that the proposed text amendments are aimed at improving, unifying, and complementing the TC District's unique characteristics. Compliance with all applicable zoning regulations will ensure that any given project will not adversely affect adjoining property as to value. or precedent and will not be detrimental to the area.

C. The proposed amendment to the BMC will be in the interest or furtherance of public health, safety and general welfare. This Ordinance is intended to encourage and accommodate new businesses in the TC District that will fill vacant storefronts and promote the TC District by accommodating uses such as small scale and artisanal manufacturing as recommended by the Planning Commission. In addition, the Ordinance would streamline the application and review process for various uses such as requiring a Minor Conditional Use Permit (MCUP) instead of a Conditional Use Permit (CUP) for alcohol sales in conjunction with a permitted restaurant, brewery or distillery.

D. The Ordinance will not adversely affect the City's General Plan or BMC Title 17 (Zoning). The text amendments are relatively minor in nature and further promote the TC District as the commercial, entertainment, social, and civic hub of the community. The text amendments do not inhibit the attainment of the overall goals of either the General Plan or the zoning regulations.

SECTI®N 4. Environmental Review. This Ordinance was reviewed pursuant to the California Environmental Quality Act, (Public Resources Code �� 21000, et seq., "CEQX) and the regulations promulgated thereunder (14 Cal. Code of Regulations �§ 15000, et seq., the "CEQA Guidelines"). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 5.

Renumbering. All sections of the BMC affected by changes implemented by this Ordinance are renumbered as appropriate.

of Belliflower
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SECI®N 6. A New Section 17.04.130 is added to the BMC to read as follows:
"17.04.130 Director.
(A) The Director has the authority and responsibility to hear and act upon all matters as specified in this title.
(B) The Director has the authority to interpret the use provisions applicable to each zone district identified in this title. In the event that a specific use or type of use is not listed, the Director has the authority to determine which listed use is most similar to the proposed use and thereby determine whether the use is permitted, permitted subject to conditional use permit review and approval, permitted as a temporary use, or prohibited. In determining "similarity," the Director must make all of the following findings:
(1) The proposed use must meet the intent of, and be consistent with the goals, objectives and policies of the general plan; (2) The proposed use must meet the stated purpose and general intent of the district in which the use is proposed to be located; (3) The proposed use cannot adversely impact the public health, safety and general welfare of the City's residents; and
(4) The proposed use must share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the permitted uses section.
(C) Any applicant, interested person, or public official may appeal any decision of the Director to the Planning Commission in accordance with the appeal procedures set forth in this title."
SECTI®N 7. A new Section 17.04.140 is added to the BMC to read as follows:

17.04.140 Clarifying Ambiguities.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or zone boundaries, it is the Director's duty to ascertain all pertinent facts, and to set forth in writing the findings and the interpretations. The Director can refer the matter to the Planning Commission as a scheduled matter not requiring public hearing, and the findings and interpretations of the Planning Commission will be set forth in the recorded minutes. Thereafter, such interpretations will govern."
SECTI®N 6. Amendment; Chapter

17.48. BMC Chapter .17.48 is amended in its
entirety as set forfh in Exhibit "A," which is incorporated by reference.

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SECTION 9. Amendment; Definitions. BMC 17 .08.010 is amended to add the following definitions:
"Administrative/Executive/Professional Offices" means a commercial use where a building, room or series of rooms is used to conduct professional - type business (e.g., architect, lawyer, doctor, engineer, stockbroker, insurance agent, accountant, consultant, tax preparer, real estate and advertising.
"Artisan Manufacturing" means the shared or individual use of hand -tools, mechanical tools and electronic tools for the manufacture of finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, without limitation, food and bakery products; beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing.
"Automobile dealership" means a retail facility fihat specializes in the sale of automobiles and light and heavy-duty trucks and vehicles. Accessory uses for the service and repair of automobiles and vehicles, and the retail sales of goods and parts directly related to those automobiles and vehicles sold at the facility is permitted. "Used" or "pre -owned" automobiles, trucks and other vehicles are not allowed to exceed 20% of the sales, display and storage area of an automobile dealership.
"Beauty shop" means an establishment that provides personal care and grooming services such as hair cutting and styling; facials and skin care; aesthetician services; nail care; hair removal; cosmetics; and permanent make-up application to the face. These uses may also include accessory retail sales of products related to the services provided. "Beauty Shop" does not include massage, tattooing, or body piercing.
"Body Piercing" means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear.
"Motor Sport Dealership" mean a retail facility that
specializes in the sale of
all -terrain vehicles (ATVs), motorcycles for the purposes of off road, motocross, or dual purposes, personal watercraft such as jet skis, utility and recreation utility vehicles for the purposes of traveling off-road, and snowmobiles. Accessory uses for the service and repair of vehicles, and the retail sales of goods and parts directly related to those vehicles sold at the _7_

;1ty of Belliflower
11kirdinance1417
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facility is permitted.
exceed 20% of the
dealership.
"Used" or "pre -owned" vehicles are not allowed to
sales, display and storage area of a motor sports
"Pawn shop" means a business operated by a "pawn broker" as regulated by California law including, without limitation, Financial Code § 21000. "Tattoo/Tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin to produce an indelible mark or figure visible through the skin. "Tattooing" does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment." SECTI®N 10. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTI®N 11. enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTI®N 12. Validity of Previous Code Sections. If, this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION

13. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTI®N 14. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

)rdinanGe No. 4_-
.g- 6 of :.

SECTION 15. Severability. If any part of this Ordinance or, its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such IN
invalidity will not affect the effectiveness of the remaining provisions or applications and, IN
to this end, the provisions of this Ordinance are severable.

SECTION 16. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 17. Summaries of Informafion. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTI®N 18. Recordation. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTI®N 19. Efifective Date. This Ordinance will take effect on the 30t" day following its final passage and adoption.

COUNCILITY • AT
ATTEST:

Ell FIRM : MM
ATTACHMENT:

Exhibit A —Chapter 17.48 Town Center (TC) District

1 . 1111111111
"Chapter 1 .48 Town Center (TC) District
i111 111:1
The purpose of the Town Center (TC) District is to provide for the development and redevelopment of the City's downtown area. The intent of this chapter is to implement the following objectives that relate to the downtown area:

A. ,accommodate and promote traditional specialty retail uses.

B. Enhance pedestrian activities through street furniture, landscape, and hardscape amenities.

C. Promote entertainment activities.

D. Respect established traditional building designs.

E. Encourage well designed and pedestrian oriented signage.

F. Promote inviting storefront design.

The Town Center District comprises the parcels and uses primarily oriented along Bellflower Boulevard, bounded by the Southern Pacific RR to the north and the Artesia (91) Freeway to the south.

The official map depicting the boundaries of the Town Center District is on file with the City Clerk.

Whenever this chapter imposes more restrictive regulations upon buildings or structures, or on the use of land, or otherwise establish more restrictive regulations and standards then imposed or required by any other law, the provisions of this chapter will govern.

Land, buildings, and other facilities must be designed, developed, and used only for those activities indicated for the Town Center District in Table 17.48.040. Where indicated with the letter "P," the use is permitted. The letters "CUP" indicate the use is conditionally permitted subject to the approval of a Conditional Use Permit pursuant to BMC Chapter

17.96. The letters WCUP" indicate the use is subject to the approval of a Minor

City of Bellflower
Ordinance No. 1417 — Exhibit

Page 2 of 24 ends

Conditional Use Permit pursuant to BMC Chapter 17.98. Where indicated with the letters "NP," the use is not permitted. Uses are subject to the special use or development regulations indicated in the "Special Provisions" column.

Table °I7.4�.040
Town Center District
Allowable Uses
Uses

SPECIAL PROVISIONS
A
Accessory Uses
1 Alcohol sales (on -sale and off -sale)
CUP
2 Drive-in/Drive-Through
CUP
BMC
§ 17.48.140
3 Gun Sales
CUP
4 Incidental Instruction
P
BMC
§ 17.48.095
5 Outdoor Dining
P
BMC
Chapter 17.74
6 Tasting Room (non-alcoholic)
P
7 Wireless Communication Facility
CUP
B
Eating and Drinking
Establishments
9 Bar, cocktail lounge, pub or tavern
CUP
10 Restaurant, Cafe, Bakery or Coffee
Establishment
P
11 Restaurant with on -sale alcohol
MCUP
BMC
§ 17.48.085
C
Educational Uses
12 Child Care Center
CUP
13 School (Commercial, Vocational or
Trade
CUP
D
Entertainment/Cultural Uses
14 Banquet/Fraternal Hall, less than or
equal to 5,000 sq. ft.

MCUP
BMC
§ 17.48.125
15 Banquet/Fraternal Hall, more than
5,000 sq. ft. t
CUP
BMC
§ 17.48.125
16 Community Center, less than or
equal to 5,000 sq. ft.

MCUP
BMC
§ 17.48.125
17 Community Center, more than 5,000
sq. ft.

CUP
BMC
§ 17.48.125
18 Hookah Bars/Cafes (water pipe
smoking loun e
CUP
19 Indoor/Outdoor Commercial
Recreational Facility (Arcade, Billiard
Parlor, Bowling Alley, Escape Room,
MCUP
BMC
§ 17.48.125

City of Bellflower
Ordinance No. 1417— Exhibit

Page 3 of 24 ends

Laser Tag, Miniature Golf, Skating
Rink, Virtual Reality Room), less than
or equal to 5,000 sq. ft.
20 Indoor/Outdoor Commercial
Recreational Facility (Arcade, Billiard
Parlor, Bowling Alley, Escape Room,
Laser Tag, Miniature Golf, Skating
CUP
BMC § 17.48.125
Rink, Virtual Reality Room), more
than 5,000 sq. ft.
21 Museum, less than or equal to 5,000
sq. ft.

MCUP
BMC § 17.48.125
22 Museum, more than 5,000 sq. ft.

CUP
BMC § 17.48.125
23 Religious Facility, less than or equal
to 5,000 sq. ft.

MCUP
BMC § 17.48.125
24 Religious Facility, more than 5,000
sq. ft.

CUP
BMC § 17.48.125
25 Theater, less than or equal to 5,000
sq. ft.

MCUP
BMC § 17.48.125
26 Theater, more than 5,000 sq. ft.

CUP
BMC § 17.48.125
E
Small-Scale/Artisanal
Manufacturing
27 Artisan Manufacturing
P
BMC § 17.48.065
28 Brewery, Micro -Brewery, Distillery or
Winery with on -sale or off -sale
MCUP
BMC § 17.48.065
alcohol
F
Office Uses
29 Administrative/Executive/Professional
Office
P
BMC § 17.48.060
30 Laboratories
P
BMC § 17.48.060
31 Medical or Dental Offices, General
and Specialty
P
BMC § 17.48.060
32 Veterinary
P
BMC § 17.48.060
G
Public and Semi -Public
Institutional
33 Government Facility
P
34 Parking Lot/Parking Structure
P
Fronting on side streets lying
perpendicular
to Bellflower
Boulevard,
35 Public Open Space/Amenities
P
36 Public/Private Utility/Communication
CUP
Fronting on side streets lying
perpendicular
to Bellflower
Boulevard.

H
Residential

City of Bellflower
®rdinance No. 1417 — Exhibit A

Page 4 of 24 ends

37 38
Home Occupation
Family Day Care Homes
P
P
In permitted residential
structure/use.

In permitted residential
structure/use.
39 Residences (second floor and above)
P
BMC § 17.48.130
40 Cootage food operations
P
In permitted residential
structure/use, BMC § 17.16.190
I
Retail Sales
41 Animal Adoption, Sales or Supplies
P
42 Antique Store
P
43 Apparel/Clothing and Accessories
P
44 Appliance Store
P
45 Art Gallery
P
46 Art Supplies
P
BMC § 17.48.095
47 Auto Parts and Accessories, Retail
Only, less than or equal to 5,000 sq.
ft.

P
48 Automobile Dealership
CUP
BMC § 17.48.105
49 Beauty Supplies
P
50 Bicycle Shop
P
51 Book Store*
P
52 Candy/Confectionaries
P
53 Cigar Shop
P
54 Collectibles (Cards, Coins, Comics,
Stamps)
P
55 Convenience Store/Mini Mart
P
56 Cookware Shop
P
BMC § 17.48.095
57 Drugstore/Pharmacy
P
58 Electronic Cigarette and/or Electronic
Liquid Shop
CUP
59 Electronics Sale and Repair (Cellular
Phone, Computer, Television, Video
Game
P
60 Florist/Floral
P
61 Furniture or Home Goods
P
62 Gift, Stationery, Greeting Cards
P
63 Grocery/Food Store
P
64 Hardware/Home Improvement Store
P
65 Hobby/Craft Supplies
P
66 Jewelry, Gems and Repair
P
67 Liquor Store (Off -Site Sale of Liquor,
Beer and Wine
CUP
-13-

City of Bellflower
Ordinance No. 1417 — Exhibit A

Page 5 of 24 ends

68 Luggage and Leather Goods
P
69 Medical Equipment and Supplies
P
70 Motor Sports Dealership
CUP
BMC 17.48.105
71 Music Store (Equipment,
Instruments, Records, Supplies)
P
BMC 17.48.095
72 Office Supplies
P
73 Optical Shop
P
74 Party Supplies
P
75 Pawn Shop
CUP
BMC § 17.48.120
76 Photography Supplies, Cameras and
Photo Processing
P
77 Secondhand Store
CUP
78 Shoe Sales, Repair and Shoe Shine
P
79 Smoke Shop
CUP
80 Specialty Retail Shop
P
81 Sporting Goods
P
82 Swimming Pool Supplies
P
83 Toys and Games
P
84 Tuxedo, Costume, Formal Wear
Rental
P
J
Service Uses
85 Animal Grooming or Training
P
86 ATM
P
BMC 17.48.140 for a drive-through
87 Bank
P
88 Barber Shop or Beauty Salon
P
89 Copy/Reproduction/Blueprint
Services and Center
P
90 Dry Cleaner/Cleaning/Pressing
P
Drop off service only.
91 Gym/Fitness Facility/Club, less than
orequal to 5,000 sq. ft.

MCUP
92 Gym/Fitness Facility/Club, more than
5,000 sq, ft.

CUP
93 Locksmith
P
94 Mailboxes/Mailroom/Postal Store
P
95 Massage Establishment
NP
96 Fuel Station
CUP
BMC § 17.48.070
97 Studio (Martial Arts, Dance, Photo,
Music), less than or equal to 5,000
sq. ft.

MCUP
98 Studio (Martial Arts, Dance, Photo,
Music), more than 5,000 sq. ft.

CUP
—14—

'Ity of Beliflower
rdinance No. 141
• i= 6 of -4
99 Tailor shop
P
100
Tattoo Parlor
MCUP
To ensure the Town Center District permits all similar uses, the Director, upon written request, may determine if a use not specifically listed on Table 17.48.040 (Allowable Uses) be permitted on the basis of similarity to the uses listed, the purpose and intent of the Town Center District, and the goals, objectives, and policies of the General Plan.

A. Application. Application for determination of similar uses must be made in writing to the Director. Such request must include a detailed description of the proposed use, operating characteristics, and any other information deemed necessary by the Director.

S. Investigation. The Director must compare the proposed use characteristics with the goals, objectives, and policies of the General Plan as well as with the purpose and intent statement of the Town Center District to determine if the proposed use will be a permitted, conditionally permitted, minor conditionally permitted or not permitted use.

C. Findings. The Director must make all of the following findings:

1. The proposed use meets the intent of, and is consistent with, the applicable goals, objectives, and policies of the General Plan;

2. The proposed use meets and conforms to the purpose and intent statement of the Town Center District;

3. The proposed use does not adversely impact the public health, safety and general welfare of the City's residents; and

4. The proposed use shares characteristi
intensitY or density or does not generate more
listed on Table 17.48.040 (Allowable Uses).
:s common with and is not of greater
environmental impacts than those uses
D. Determination. The Director's determination may be appealed to the Planning Commission in the manner provided by this Code.

A. Purpose. The purpose of this section is to reasonably limit the number and type of office uses permitted in the Town Center District. It is found that excessive office uses in the downtown area conflict with the following goals and objectives of the Town Center District:

1. Accommodate and promote traditional specialty retail uses.

r;1ty of Bellflower
Ordinance
"age 7 of 24
—ExhibitA

2. Promote inviting storefront design.

B. Office Uses Defined. For the purposes of the Town Center District, office uses are:

1. Administrative, executive, and professional offices (e.g., architect, lawyer, engineer; accountant, tax preparer, real estate agent).

2. Medical, dental, laboratory, and veterinary offices and clinics.

C. Office Uses Limited in the Town Center District.

1. Office uses may not occupy more than 25% of the total gross floor area of available fK
rst floor building space fronting Bellflower Boulevard. An inventory of existing office locations is kept on file with the City Clerk.

2. There is no limit or "threshold" on the number of office uses (gross floor area) situated within second floor locations or within downtown building space fronting any street lying perpendicular to Bellflower Boulevard unless specifically stated in this Code.

3. Medical, dental, laboratory, and veterinary offices and clinics must incorporate -a permanent retail floor space if fronting Bellflower Boulevard. The retail floor space must be a minimum of 25% of the gross floor area of the tenant space, incorporate a store front, and be located at the front of the tenant space fronting Bellflower Boulevard. The office/clinic floor space may not exceed 75% of the gross floor area of the tenant space and must be located behind the retail floor space.

17.48.065 Small-Scale/Artisanal Manufacturing.

In addition to any other requirement of this Code, the following applies to any manufacturing use:

A. Applicability. An w fuel station or the enlargement or alteration of an established fuel station requires a Conditional Use Permit. In approving a Conditional Use Permit for ®16_

Bellflower
)rdinance
No. 1417 Exhibit
' i - 8 of :.4
a fuel station in the Town Center District, the Planning Commission must make the following findings:

1. That the proposed fuel station use will not substantially increase vehicular traffic on any street in the immediate vicinity, especially those serving residential uses; and

2. That the proposed fuel station use will not create increased traffic hazards to pedestrians.

B. Location and Site Requirements. New fuel stations are only permitted contiguous to Bellflower Boulevard at arterial/street intersections. When considering an application for a new fuel station, the following standards apply:

1. A maximum of two fuel stations are allowed at each intersection;

2. A minimum distance of 500 feet is required between fuel stations located on the same side of the street and

3. The parcel size for a new fuel station must be a minimum of 15,000 square feet, with a minimum frontage of 100 feet.

C. Definition of Permitted Uses. Fuel station use -is limited to the sale of motor fuels.

D. Development Standards. Fuel stations must be designed so that form and scale are integrated with adjacent development and complement the traditional character of Town Center. Fuel stations are subject to the following standards:

1. Setbacks.
building or structure may be located within 20 feet of a property line which abuts a residential district.
b. Pump islands must_be located a minimum of 20 feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to 10 feet from a street property line.

2. Access.
a. No more than two vehicular access points to any one street is allowed. b. A minimum distance of 30 feet must be provided between driveway aprons (curb cuts) along a street frontage.
c. No driveway may be located closer than 10 feet to the end of a curb return.

'lity of Bellflower
)rdinance No. 1417
.age • of 4
® Exhibit A
d. No driveway may be located closer than 20 feet to a common property line which abuts a residential district.
eM The width of a driveway apron (curb cut) cannot exceed 30 feet. fK The use of shared access ways (aprons, curb cuts) and reciprocal access between parcels are encouraged.

3. Parking.
a. One parking space for each 200 gross square feet of floor area or fraction thereof in any building or structure must be provided. Gasoline queuing spaces used for the fueling of vehicles cannot count towards fulfilling this requirement. b. On-site parking for ancillary convenience marts (mini marts) and fast food franchises must be provided at the following ratios: Convenience marts - one parking space for each 200 gross square feet of floor area; Fast food franchises - one parking space for each 75 square feet of floor area dedicated to the fast food use. For drive- through parking (queuing) requirements, see Commercial Establishments with Drive -In and Drive -Through.
c. Outside storage of motor vehicles is prohibited. For the purpose of this section, "outside storage" means the parking of a motor vehicle in an unenclosed area of the fuel station site for a period longer than 24 hours.
d. No new or used vehicles may be parked on the premises for the purpose of sale, rental, or lease.
e. Parking must be located and screened so as to minimize visibility of parked cars from the public right -of way.
vehicle may be parked on sidewalks, driveways, or alleys.

4. Landscaping.
a. irrigated landscaping must comprise a minimum of 10% of the fuel station site area and must be permanently maintained.
b. A minimum eight foot inside dimension planter area bounded by a six inch high curb, must be provided along interior property lines, except openings to facilitate reciprocal access to adjacent parcels. Within the planter area, trees must be planted at a rate of one, 48 inch (minimum), box tree for every 15 linear feet of planter area. c. A minimum planter area of 400 square fleet must be provided at the corner of two intersecting streets.

SE's

,ity of Bellflower
Irdinance No. 1417
0 of I
d. A minimum 10 foot inside dimension planter area, bounded by a six inch high curb, must be provided contiguous to the sidewalk.
e. Additional landscaping may be required at UI of the Director to screen and buffer the fuel station from adjacent properties.

5. Site Maintenance.
a. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be located outside of a building. b. A refuse storage area, completely enclosed within a six foot high decorative masonry wall (split face concrete block, or equivalent) with solid metal gates, large enough to accommodate standard sized commercial trash bins, must be located on the rear portion of the property in such a manner as to be
accessible to refuse collection
vehicles. Wall and gate materials, textures, colors, and compatible with the surrounding buildings.
design must be architecturally
c. Driveways and service areas must be maintained and kept free of oil, grease, and other petroleum products without washing them into drainage, gutter, or sewer systems.

7. Lighting. All light sources, including canopy, perimeter, and flood lights must be shielded or recessed within the roof canopy so that the station will be indirectly visible and light is deflected away from adjacent properties and public streets. Lighting cannot be of such a high density as to cause a traffic hazard or adversely affect adjoining properties. The light standard may not be higher than 12 feet above finished grade.

8. Perimeter Walls.
a. Where a fuel station abuts properly in a residential district, a six foot high decorative masonry perimeter wall (split face concrete block, or equivalent) must be constructed. Materials, textures, colors, and design of the wall must be compatible with, and complement, onsite development and adjacent properties. Perimeter walls located adjacent to residential districts may extend to a maximum height of eight feet with Director approval.
b. When the perimeter wall reaches the established front yard setback line of any residentially -zoned lot abutting the fueling station, the perimeter wall must decrease to a maximum height of 42 inches.

9. Public Service Facilities. All automobile service stations are required to provide public restrooms on-site.

10. Restroom Screening. Restroom entrances visible from adjacent properties or the public right-of-way must be concealed from view by planters or decorative screening. �Z

.oity of Belliflower
)rdinance No. 1417
3age 11 of 24
WAKit 1.1
The City Council may issue an Entertainment License for non -adult business oriented entertainment. In approving the Entertainment License for entertainment as an ancillary use in the Town Center District, the City Council must make the following additional findings:

A. That the proposed use will not substantially increase vehicular traffic on adjacent streets serving residential uses;
B. That the proposed use will not create increased pedestrian traffic in adjacent residential areas;
C. That the proposed use will not generate adverse impacts that negatively affect adjacent parcels, such as noise; and
D. That the proposed use will include adequate restroom facilities, trash receptacles, and recycling bins, which will be properly maintained by the applicant and are sufficient for the needs of the proposed use.

17.4.085 Restaurantvvith ®n -Sale �4lcohol.

Restaurants seeking an on -sale alcohol license are eligible to apply for a Minor Conditional Use Permit. Businesses that do not qualify must apply for a Conditional Use Permit. In addition to any other requirement of this Code, a qualifying restaurant must comply with all of the following restrictions:

A. Only full service and quick service restaurants with an operational kitchen and a full menu are eligible. Food must be served during all business operating hours; B. Daily hours of operation are
There is no after-hours use of the
maintenance;
limited to the hours between 600 a.m. to 200 a.m.
establishment, other than for routine clean-up and
C. Before serving alcohol, the owner/operator must possess a valid on -sale alcoholic beverage license and be in compliance with all applicable regulations and guidance issued by the California Department of Alcoholic Beverage Control at all times; D. The establishment must allow patrons of all ages, at all times; EN
No cover charges and entry fees may be charged/required of patrons; F. Signs advertising brands and types of
alcohol may not be visible from the exterior
of the premises. The display of alcoholic beverages must be interior only (no outdoor display) at all times;

)rdonance No. 1417 Exhibit
�age 12 of 24 1
G. Customized lighting and sound system conducive of a nightclub atmosphere are prohibited at all times.

Incidental instruction is permitted so long as no more than an aggregate of 15% of the total gross floor area within the building space is occupied by the incidental instruction area.

A new automobile/motor sports dealership or the enlargement or alteration of an established automobile/motor sports dealership in the Town Center District requires a Conditional Use Permit. In addition to any other requirement of this Code, the following applies to the sale of automobiles and/or motor sport vehicles:

A. Minimum lot frontage width: 100 feet, as measured along any public street; and B. Minimum lot size: 15,000 square feet.

The Planning Commission may approve a pawn shop subject to the following standards:

A. Ancillary gun sales may be allowed within a pawn shop. Ancillary gun sales must not exceed more than 259/o of total gross annual retail sales.

B. Not more than two pawn shops may be established, located, operated or maintained within the Town Center District.

C. Security window coverings must conform to this code.

A. Notwithstanding any other provisions of this Code, public assembly use is defined as any use that is established for the purpose of: 1) gathering, deliberating, worshiping, educating, entertaining, or conducting workshops including, without limitation, banquet halls, educational institutions (which are to be permitted on second floor and above only), commercial recreational facilities (e.g., bowling alleys, skating), and theaters; or 2) establishing a permanent, headquarters -type and meeting facility for organizations including, without limitation, religious facilities and fraternal halls.

B. All public assembly uses must provide
permanent seats. A seatmeans 18 lineal
at least one parking space for every four
""
inches of seating space when seats are
�21-

City of Bellflower
®rdinance No. 1417 — Exhibit A

Page 13 of 24 ends

arranged in rows or benches. Where there are no fixed seats, a "seat" means seven square feet of floor area. Any required parking spaces may be located in a separate lot from the property where the public assembly use is proposed, subject to the off-street parking requirements.

C. If property is located within Parking District No. 1 Cl" proposed public assembly use requires more parking than the existing use, then the parking requirement may be satisfied by the payment of an in -lieu fee for every such additional required parking space.

The amount of the in -lieu fee will be established by City Council resolution.

D. The Director may approve alternative parking for any public assembly use including, without limitation, use of public parking lots, to meet some, or all, of the on-site parking requirements, subject to the parking assessment requirements of this chapter.

F. The public assembly use must comply with this code.

The Planning Commission may approve the establishment of a residential use subject to the following standards:

A. The exterior design and appearance of the building is compatible with the purpose and intent of the Town Center District; and
B. The residential use must be located on the second floor and above.

17.48.140 Commercial Establishments with Drive -In and Drive -Through Service.

A. A conditional use permit is required for drive in or drive-through uses, subject to thU following standards:

1. Drive-in and drive-fihrough establishments may be located only on lots having street frontage on Bellflower Boulevard. Such establishments must be located so as not to: (a) be a hazard or nuisance to nearby uses; (b) create traffic congestion or vehicular hazards; and (c) conflict with pedestrian circulation movements.

2. The minimum lot size for adrive-in
ordrive-through establishment is 15,000 square
feef.

3. Drive-through aisles must have a minimum 12 -foot width on curves, and a minimum 1 1 -foot width on straight sections.

4. Drive-through aisles must provide sufficient queuing area behind the pick-up window to accommodate a minimum of six .automobiles.

of
d : •
� g. 14 of 24

5. All service areas, rest rooms, and ground/roof mounted mechanical equipment must be screened from public view.

6. Pedestrian walkways should not intersect the drive-through drive aisles, but where — as a practical matter — they must, they must have clear visibility, and must be emphasized by enriched pavement treatments (e.g., interlocking pavers or stamped concrete).

7. Each such establishment must have a minimum street frontage of 70 linear feet.

S. The architectural design of any drive-in or drive-through establishment must be compatible with surrounding uses and the traditional architectural character of Town Center.

9. No driveway can be located closer than 10 feet to the end of a curb return.

Limited outside display of merchandise may be permitted pursuant to this code. he following table sets forth minimum lot dimensions and maximum height limitations and lot coverage for parcels located in Town Center District.

Feature
qrom
Standard .

1. Site/Lot Area minimum
3,000 square feet114

2. Lot Width (minimum)25
feet' 12

3. Lot Depth (minimum)115
feet' 12

4. Height Limitations (maximum)
a. Adjacent (within 50 feet) to a residential
15 feet (one story)5
district or existing residential
development4
b. Other locations
35 feet two and one-half stories 3,6

5. Lot Coverage maximum
100 percent
(1) A lot that does not comply with the applicable requirements is considered to be a legal building site for the purposes of development or the establishment of a new land use only if: (a) the parcel was previously a legal lot of record; and (b) the parcel has a valid certificate of compliance or conditional certificate of compliance issued in

31ity of Belliflower
)rdinance No. 1417 Exhibit A
3 - , e of
accordance with this Code and the Subdivision MaplAct (Government Code §§ 66410, et seq.). The creation of new lots must abide by the minimum lot area, width, and depth provisions listed.
(2) No minimum lot area, width, or depth requirements may be required for individual parcels created as condominium developments if part of an integrated Master Planned Development.
(3) Existing and proposed theaters and religious facilities may exceed this height limit, up to a maximum height of 55 feet, in order to accommodate ancillary roof projections (e.g., theater proscenium, spires, towers, campanile, minarets). (4) Adjacent: Having lot lines or zoning boundaries in common. (5) This height limit may be exceeded when one foot side and rear setback is provided for every foot higher than 15 feet, up to two stories or 30 feet. (6) This height limitation may be exceeded when one foot front setback is provided for each two feet higher than 35 feet, up to four stories or 45 feet, whichever is less.

17.48.170 Setbacks.

The following table sets forth setback requirements for buildings anal parking lots located in the Town Center District,
Table 17.48.170
Setbacks
Feature
Standard
Standard Parking
Buil
din
L®t
3 1. Front Property Line Setback
0 feet'
5 feet
minimum/maximum

2. Rear Property Line Setback (minimum)
a. Adjacent to a residential district or
5 feet5
0 feet
existing residential development4
b. Adjacent to existing or planned
0 feet
0 feet
commercial or office development4

3. Interior Side Property Line Setback
a. Adjacent to a residential district or
5 feet5
0 feet
existing residential development
minimum 4
b. Adjacent to existing or planned
0 feet2
0 feet
commercial or office development
minimum/maximum 4

4. Street Side Property Line Setback
0 feet
5 feet
-24�

'ity of Bellflower
)rdinance No.
'age 16 of 24
(1) All buildings must be located at the front property line (0 foot setback) in order to preserve the traditional main street image of Town Center. A three-foot indentation may be provided to accommodate door openings.
(2) All front building fapades must be constructed from side property line -to -side property line in order to promote a continuous, traditional, "street wall" of storefronts contiguous to Town Center streets. Separation between buildings are discouraged. (3) Parking fronting Bellflower Boulevard is discouraged and must be located to the rear of the parcel, where possible.
(4) Adjacent: Having lot lines or zoning boundaries in common. (5) Buildings located on parcels located adjacent to residential districts or existing residential development which exceed the 15 -foot height limit must provide a 10 -foot side and rear property line setback.
°I7.4�.°I�0 Permitted Encr®achments Within the Public Right -®f -Way.

An encroachment permit may be issued for the following within the Town Center District:

A. Building Features.

1. Eaves and cornice elements, not to exceed a projection of one foot.

2. Awnings, .not to exceed a projection of six feet.

3. Canopies and marquees, not to exceed a projection of six feet.

4. Architectural features (e.g., window and door sills, columns, pilasters), not to exceed a projection of one foot.

5. Light fixtures, not to exceed a projection of two feet.

B. Signs.

C. Landscape Features. Plant containers.

A. This section is applicable only where a portion of a dot or parcel is within an area planned to be pari of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the m25�

3ity of
Belliflower
mol
)rdinance No. 1417
3age 17 of 24
min
minimum site/lot area as specified on Table 17.48.160, Site Dimensions, Height Limitations, and Lot Coverage.

B. Portions of any lot in the Town Center District wn a future right-of-way area cannot be occupied by buildings or structures other than those encroachments identified in this chapter. All other required setbacks, yards, and open areas must be provided in addition to the future right-of-way areas, and the future right-of-way lines are considered to be lot lines (property lines) for purposes of measuring building and parking setbacks, site/lot area, lot width and depth, and lot coverage.

C. The following encroachments are permitted within future right-of-way areas:
1, Fences, walls, or hedges, not to exceed three feet.

2. Landscaping.

3. Access walkways and driveways.

No construction permit for a new or redeveloped building will be issued until street dedication and improvement requirements as shown on the circulation plans are met.

17.40.210 Parking and Driveway Requirements.

A. Parking. Parking requirements for new development within the Town Center District must maintain a minimum ratio of one parking space for every 400 gross square feet of floor area. All newly constructed, expanded, or redeveloped buildings and structures must provide adequate parking to maintain this minimum ratio. The Director may, subject to this chapter, approve alternative parking.

B. Any use may apply to utilize the public parking lots to meet some, or all, of the on- site parking requirements. The Director will evaluate such request based on considerations such as the ease of pedestrian access; the reasonable adjacent or proximate distance to the public parking lot; the parking assessment report; and the practicability of transferring the parking obligation. The applicant must prepare and submit a Parking Assessment Report containing the following components:

1. An assessment of the proposed project's highest parking demand time periods;

2. An analysis of available public parking locations during high parking demand time periods; anal
_2�0

ty of Belliflower
)rdinance No. 1417 Exhibit
3age 18 of 24 1

3. A plan to include the use of maps, guides, or other wayfinding showing the locations of Bellflower public parking lot locations, in any marketing materials or marketing methods generated by the applicant.

C. Driveways. Each project site must provide a 20 -foot minimum driveway width or two 10 -foot driveways for each project site. The minimum required back -out space must comply with the "Parking Standards" diagram in this chapter. If a portion of the required driveway width is also used as a back -out space and the minimum required back -out space is greater than the minimum required driveway width, the minimum required back- out space requirement applies for the portion of the driveway used as back -out space.

D. Parking Space Dimension. Any permanently maintained parking space must be a minimum of nine feet by 18 feet for the parking of motor vehicles.

A. No wall or fence may be constructed within the Town Center District until the Director approves plans and designs. In addition, a wall or fence requires a building permit. All walls and fences, whether required or not, must be located and limited in accordance with the provisions of this section.

B. Wall and Fence Height.

1. A six foot high solid decorative masonry perimeter wall (split face concrete block, or equivalent) is required adjacent to all residential districts. When the wall reaches the established front yard setback line of a residentially -zoned lot abutting the Town Center District, it must be decreased to a height of 42 inches. Perimeter walls located adjacent to residential districts may be extended to a minimum height of eight feet with Director approval.

2. Wa[Is which are not located adjacent to residential districts (internal lot walls) are allowed to be a maximum of six feet in height.

3. Fences must not exceed six feet in height.

4. A maximum three foot high solid decorative masonry wall may be permitted anywhere on the interior of` a lot.

31ty of Beliflower
Exhibit)rdinance No. 1417
.age 19 of 24

5. A maximum three foot high decorative non -view -obscuring fence may be permitted anywhere on the interior of a lot.

C. Wall and Fence Material and Design.

1. Perimeter and internal lot walls must be decorative, composed of split face concrete block, or equivalent with coping. Standard concrete masonry unit block is not allowed.

2. Fences must be decorative, composed of wrought iron, or equivalent, with 18 inch Vide solid decorative pilasters located 25 feet on center.

3. Perimeter and internal lot walls must be finished on both sides.

4. Wall and fence colors, textures, and materials must be coordinated with building architecture to achieve compatibility of design.

D. Walls and fences must be maintained in good repair and appearance.

E. The use of chain-link, barb wire, razor wire, wood or plastic slafis, or wire fencing is not allowed.

17.43.230 Security Devices and Wind®w Glass.

A. The use of shatter resistant laminated vigil pane security glass is encouraged for storefront security.
�. The use of exterior scissor style security grilles and roll -up metal doors or grates are prohibited.

C. Interior scissor style security grilles must be concealed from public view when not in use by retracting the grilles into casings which are in proportion and scale to the building's architecture.

D. Permanent security bars (defined as those clearly visible and fixed to the exterior of windows or doors) are prohibited.

E. Interior security mullions which mimic individual window panes may be allowed as a security device, as approved by the Director.

The conduct and operation of all uses in the Town Center District must comply with the minimum standards of performance set forth below:

'ity of Bellflower
)rdinanceNo. 1417_ E
'age 20 of 24
A. Noise. The conduct and operation of all uses must comply with the following standards:

1. It is unlawful for any Town Center Dlstrlct activity to create noise thaf exceeds an exterior noise level of 60 dBA (a weighted method of measurement) during the hours of 10:00 p.m. to 7:00 a.m. and 65 dBA (a weighted method of measurement) during the hours of 7:00 a.m. to 10:00 p.m., as measured at the property line. It is unlawful for interior noise limits to impact residential interior spaces above 45 dBA (a weighted method of measurement).

2. It is unlawful for any person to load, unload, open, close, or handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 8:00 a.m., in a manner which would cause a noise disturbance to an abutting residential district.

3. It is unlawful fior any person to cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle (e.g., auto, truck, recreation vehicle, motorcycle, off-road vehicle) in such a manner as to create a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. affecting an abutting residential district.

4. Exterior air conditioning equipment must have a sound rating number (SRN) in accordance with ARI (Air.Conditioning and Refrigeration Institute) Standard 270.

5. Any live music, or music systems (e.g., CD players, radios, tape players, digital audio players) may be conducted, designed, installed, and operated in a manner which is not disturbing to surrounding Town Center District uses and abutting residential dR
stricts.

B. Lighting. The conduct and operation of all uses must comply with the following standards:

1. All lights and glare associated with operations anal illuminated signs must be shielded or directed so as not to illuminate abutting residential districts.

2. Building lighting, for the purpose of accenting architectural elements through the use of exposed neon, may be approved by the Director.

C. Smoke. No operation or activity is permitted to have operations which emit excessive smoke, fumes, or dusf or which exceed the requirements of applicable law.

D. Maintenance of Open Areas. All open areas must be landscaped or surfaced and permanently maintained in accordance with applicable law.

E. Vibration. No operation or activity is permitted which will create vibration noticeable without instruments at the perimeter of the subject property.

Belliflower
)rdinance No. 1417 Exhibit
3age 21 of 24
F. Mechanical and Electrical Equipment. All mechanical and electrical equipment including, without limitation, air conditioners; antennas; satellite dishes; pumps; transformers; heating; and ventilating equipment must be located and operated in a manner that does not disturb adjacent uses and activities. All rooftop mechanical and electrical equipment must be screened from public view through the use of architectural features (e.g., parapet, cornice). Antennas, satellite dishes, and monopoles cannot exceed the building height limit, and must be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas, satellite dishes, and monopoles must be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property.

The materials used in constructing the antenna, satellite dish, or monopole cannot be unnecessarily bright, shiny, garish, or reflective.

G. Electrical Nuisance. No operation or activity may transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.

H. Liquid and Solid Wastes. No discharge at any point into any disposal system, or into the ground, of any toxic or hazardous liquid or solid materials is allowed.

I. Heat or Cold. No operation or activity can emit heat which would cause a temperature increase or decrease on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

J. Trash Areas. All refuse must be stored within City approved trash containers. All areas for the storage of trash containers must be effectively screened from public view or placed within an enclosure bounded by a six foot high solid masonry decorative (split face concrete block or, equivalent) wall, with solid metal doors. All trash enclosures must be securely designed to prevent access to anyone other than the authorized users and the refuse service company.
iiiiiiiiji�ll�illill�illillillillillill��ilillill�ilililI I ;JI 111111111111111111111111111111 11 111111111111111111 9W WKIrFSPI These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals, objectives, and policies of the General Plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely fashion.

Nonconforming structures and uses within
the Town Center District are detrimental to
both orderly and creative development, and the general welfare of citizens and property.

)rdinance No. 1417 Exhibit A
3age 22 of 24
A. Nonconforming Structures. A structure which lawfully existed before the effective date of the ordinance codified in this chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the Town Center District. A legal nonconforming structure may be maintained as follows:

1. A legal nonconforming structure which is damaged to an extent of 50% may be restored only if made to conform to all provisions of this chapter.

2. Reasonable repairs and alterations may be made to legal nonconforming commercial structures, provided that no structural alterations be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property.

However, improvements required to reinforce nonreinforced masonry structures is permitted, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

3. Reasonable repairs required by law will be permitted.

4. Any additional development of a parcel with a legal nonconforming structure may require that all new structures be in conformance with this chapter and all applicable portions of this code.

5. If the nonconforming structure is unoccupied for a period of one year or more the structure will lose its legal nonconforming status, and will be removed or altered to conform to the provisions of this chapter and all applicable portions of the code. A use of a legal nonconforming structure must be considered discontinued when any of the following apply:
a. The explicit intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.
b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of one year or more, unless the discontinuance of use was for the purpose of making repairs required by law.
c. Where there are no business receipts available for
the one year period.

F3. Abatement of Nonconforming Structures.

'Ity of Bellflower
3rdinance No. 1417 --Exhibit A
� - • e 23 . J

1. Legal nonconforming structures may be removed or structurally altered within the following specified time limit, from the effective date of the ordinance codified in this chapter.

2. Nonconforming structures may be continued for a period not fio exceed 22 years.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed before the effective date of said ordinance, but which is no longer permitted in the Town Center District. The continuance of a legal nonconforming use is subject to the following:

1. Change of ownership, tenancy, or management of a nonconforming use will not affect its legal nonconforming status, provided that the use and intensity of use does not change.

2. If a nonconforming use is discontinued for a period of six or more consecufiive calendar months, it will lose its legal nonconforming status, and the continued use of the property is required to conform with the provisions of this chapter and all applicable portions of this code.

3. Additional development of any property on which a legal nonconforming use exists ill require that all existi
wng and new uses conform to the provisions of this chapter and all applicable portions of this code.

4. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed.

D. Abatement
discontinued within
ordinance.
of Nonconforming Uses. Legal
the following specified time limits,
nonconforming uses must be
from the effective date of said

1. A nonconforming use which does not occupy a structure: five years.

2. The nonconforming use of a conforming structure: 22 years.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure thereafter will be issued for further continuance, aIteration, or expansion. Any permit issued in error must not be construed as allowing the continuation of the nonconforming structure or use.
1=. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this chapter must be construed or implied so as to allow for the continuation of illegal

'Ity of i -
)rdinance No. 1417Exhibit
i' , 24 of 24
nonconforming structures and uses. Said structures and uses must be removed immediately subject to the enforcement provisions of this code and other applicable law."

p-' BELLF O
_ Ahk . 4�
GW
O qfING TOG50vlrl�o
T®: Honorable Chairman and Members of the Planning Commission ATTENTI®N: Elizabeth Corpuz, Director of Planning and Building Services FR ®M: Kathryn Brun, Assistant Planner
SUBJECT: Consideration and possible action to conduct a public hearing to consider a Zoning Ordinance Text Amendment; and adopt
Resolution No. PC 22-08 — A Resolution of the Bellflower Planning Commission recommending that the City Council approve Zoning Ordinance Text Amendment Case No. ZOTA 22-01 amending
certain sections of Bellflower Municipal Code ("BMC") Title 17 (Zoning) pertaining to allowable uses, development standards, and process and procedures in the Town Center (TC) District.

May 16, 2022

1. Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. PC 22-08; or

2. Alternatively, discuss and take other action related to this item.

A Notice of Public Hearing was published in the Herald American (Bellflower Edition) newspaper on May 5, 2022. Public hearing notices were sent on May 3, 2022 to 453 property owners within a 300' radius of the project area and posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, and Caruthers Park on May 4, 2022. As of the writing of this staff report, the City has not received any correspondence.
00 73
M- &OIEN Mai
The Zoning Ordinance Text Amendment (ZOTA) was reviewed for compliance with the California Environmental Quality Act (Pub. Res. Code § 21000, et seq.; "CEQA") and CEQA Guidelines (Cal. Code Regs. tit. 14, § 15000, et seq.). The ZOTA is exempt from additional environmental review pursuant to 14 Cal: Code Regs. § 15061(b)(3). The ZOTA will not result in any development or changes to the physical environment. 1=ollowing an evaluation of .possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. -34-

so _ ' - •#i- /
Way 16, 2022
i.
-1 ` - - , _
- -
On May 28, 1996, the City Council adopted Ordinance No. 869 establishing the Town Center (TC) District. The ordinance established a Permitted, Conditionally Permitted, and Not Permitted Uses table for Area 1 and Area 2 of the TC District with the purpose of promoting traditional specialty retail uses and entertainment activities.

On October 26, 2020, the City entered into a Professional Services Agreement with Recast City, LLC for Downtown Development Advisory Services. Recast City focused on the potential of small scale and artisanal manufacturing to fill vacant store fronts and spur new development in Downtown Bellflower. Artisan manufacturing involves the use of small hand, mechanical, and electronic tools to manufacture products such as food and bakery products, leather goods, furniture, jewelry and clothing. The City Council provided feedback and direction to City staff and Recast City at a study session on January 28, 2021 and Recast City moved forward to solicit community feedback. On April 6, 2021, Recast City presented their findings and recommendations to the City Council and provided an implementation plan that included adding an artisan manufacturing definition to the Bellflower Municipal Code ("BMC") and allowing that use within the T -C District.

Several of the uses listed within the allowable uses table in the T -C District are antiquated or outdated. In addition to adding an artisan manufacturing definition and revising the BMC to allow that use, staff proposes to revamp the entire TC District allowable use table.

The proposed Ordinance would amend BMC Chapter 17.48 (TC District) and add definitions to Chapter 17.08.

The proposed amendments include:
➢ Adding new land use definitions, including a definition for artisan manufacturing; ➢ Removing Area 1 and Area 2 designations of the TC District; ➢ Streamlining the Allowable Uses table by eliminating the columns for Area 1 and Area 2 and categorizing and consolidating land uses;
➢ Permitting by right artisan manufacturing,
➢ Allowing restaurants to add an on -sale alcohol license with an administrative review via a Minor Conditional Use Permit ("MCUP
➢ Allowing the Director to make use determinations for uses not specifically listed; ➢ Establishing development standards for artisan manufacturing uses, and restaurants with on -sale alcohol;
➢ Removing antiquated development standards for game arcades, outdoor newsstands and fuel stations;
➢ Removing fitness centers, martial arts, karate and dance studios from the public assembly section; and
➢ No longer requiring a Conditional Use Permit ("CUP") for a walk up window.

A. Resolution No. PC 22-08
B. Chapter 17.48 with Markups

LUO
The proposed revisions are illustrated with stri,k- Wig," for existing language that is proposed for deletion, and underlined for new language.

7.48.0 10 Purpose
The purpose of the Town Center (TC) District is to provide for the development and redevelopment of the City's downtown area. The intent of this chapter is to implement the following objectives that relate to the downtown area:

A. Accommodate and promote traditional specialty retail uses. b. Enhance pedestrian activities through street furniture, landscape, and hardscape amenities.

C. Promote entertainment activities.

D. Respect established traditional building designs.

E. Encourage well designed and pedestrian oriented signage.

F. Promote inviting storefront design.

The Town Center District comprises the parcels and uses primarily oriented along bellflower boulevard, bounded by the boUthern Pacific RR to "U and the Artesia (91) Freeway to the south. The Town Center District Gonsists of twe aFeas whirdin. inelude.

F1:Wi1'.T�E�
1 -36-

Aty of Belliflower
I 8with -�.
3 : , e 2 of 37
The official map depicting the boundaries of the Town Center District is on file i� with the Planning^+ Department City Clerk.
� (`nnflinf� �i_�� nc• �/�/henever t -h^ nr^,�i�i^r,� ^� this chapter imposes more restrictive regulations upon buildings or structures, or on the use of land, or otherwise establish more restrictive regulations and standards then imposed or required Dy any other law, title, ^rdinanGe, ede, er ul^ , the provisions of this chapter will shall govern.
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Land, buildings, and other facilities must be designed, developed, and used only for those activities indicated for the Town Center District in Table 17. 48.040 �d Permitted,Conditionally Permitted, ^nor Not PeFmitted. Where indicated with the letter "P," the use shall be is permitted h , Where indicated with tThe letters "CUP;" indicate the use shall be a is conditionally permitted use subject to the gpproval of a Conditional Use Permit process -pursuant to BMC {Chapter 17.96). The letters "MCUP" indicate the use is subject to the approval of a Minor Conditional Use Permit pursuant to BMC Chapter

17.98. Where indicated with the letters "NP," the use shad is not be permitted. Uses are subject to the special use or development regulations indicated in the "Special Provisions" column.

III
31ty of Bellflower
'hapter 17.48 with Markups
3age 3 of 37
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,lty of Beliflower
,hapter 17.48 with Markups
�age 4 of 37
uses
Area
AT -e"
- -
P
G
up
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NP
7 D /so® cnemial requirements ►mor Con+inn 17-48,49-0., -
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-
-
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motorcycles, heats, rec;roo+inn vohides,
es,
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railers,—Cpel
a. Sates
_ G. coin on washing
-
X
x
-
em_C n/iG of snlino dicn�ons stations /c T
_
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_
;nGIu!-Io anGilaFyfast feed sales,
and mine mn
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repair, +i ino ups, brakes,
-ate
batteries, tires, uffierc`�G
-re.,
cnor+ ial requirementsner Cir++inn 17A Q njn
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or- the. inrs+urlla+inn
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-
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-
-
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-
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-
-
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X
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limited to three (3) Gatering tFUGks)
-39-

17.48 with Markups
3age 5 of 37
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'ity of Bellflower
'hapter 17.48 with Markups
3ag
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III NOa n a t a 400w0A IN► Ioil
I •• •• . . • ON•
NINE/
GI I M .11 IND V- . .
_
• • •AN a IN I• ••
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-
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. - • .
mjjr
■•. • . r • �_ .. . • •.. . �_
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000AC2 ZEN
■ • . • r .� •• •� • ..

NINE
TANI
NEW
WEINE
A�WANJILWAM
O ►Won
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��©��
0� •r 0• :� ..� •r 0 G O
minim
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.I 11 . ■ • . �• •�� .� •J►.
-
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�� ►. . .r. �a
- .. .-
— EI
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�7: .r•a •• r I �� . •� �.uJ►

'Ity of Bellflower
'hapter 17.48 with p:
"age 7 of 37
-42-
WMAIN
loss
_A _2
rd NA�
• . • �../�l�l�]t.lAlTi.i� l.t'lll�� ir1 J��.��[�7t►Tll!t■ .. ��.�t l!tRl .�Tl!■\!i J 4!II 90L�'.El 1•.1ti7 J[ IX ItC -A I P741
gom
PH "Alk FAIrALT=MA ARFAmaralmmimmki
_ T • 1 T W. T
.ate ��-�1�11=t��l!.��\T=�7�► ■i
LM MPI=7R l& 1.. . . T

1. .
. W2 MA =0 7■ . . a M a. . . . =. . ..vigil
jRWmmmmR

MEWWWAMN
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■
•
�5ff A=m
7r.•a^��itt►iT ■i..��-r\R�
• a . . _ .
;JjWjrdj=U&'9&M&WANILWAWSVT
0•' D .. Q G 1� O
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■..►.ll�\.\T=.=!.11►R.t[!1�• )l!ttl. t_i!t. \�tlRTl7�..[•/. SAM.

L
Ll./7_�J 4!tA� ■. \Tl �•1LTJ7•lRMI! l J-• �
1 .a a .\. •a &O r ....
.fTi.. 1a.T7
[.i>rl� J.TS.i-!t!..\. K•...7 t�•� ►T
ll
t i�l� l•:•a.•..•.n a��►T� 'A

NORM MAMMA
-42-

'ity of Bellflower
'hapter
i = r of 37
.Uses
Area I
Area 2
- -
P
G
NP
P
IQ
I N -P
Telemarketing
_ yirJo c+roo$c hiinrr r+
�rfl�nrrnarn� il��
_
_
R�olnln-neor- fnnr
nr��
VB,ourley-anrd
TeIivrsi9RVCR, stereo,radia
X
-
-
x
-
-
(shall not include the
sale of
and
used
video
rnerGhondiso,
game stores
shall
Temporary empleyment soniiGos
u on tido streets Minn nornpandir;i�L Iar t.9
x
-
-
x
-
-
_ ►=Fc)1nting
R_BLIl flewerBi iIovsrd or inAn�rr
98 Thr h Fitt &LAS
-
-
-
-
Tire y.... it only)
_ Tiro solos seNiGe—Fmnfing on side streets Ming
x
_
_
x
_
x
r
40 -
-
-
-
4 Trading card�vvC
v
-
-
-
-
4om
jv�
-
-
x
-
-
tn^
-
-
-
-t-(5 1 Isorl hnnlrs
406 Variety-sf.e.,re.-s
4--07 Video rental all—inGli ido Butt Dusiness
X
-
-
x
-
-
W-related
materia
408 1 Vats' �'�h ar d '' l�k shGpsjsa R.:I 1 1 rJra l i S e F i i and X
�-
-
I X
-
-
rhr�li i ae a-rn-rnfll a r G
repaiF).vithin an endesed building)
_ GST inng OR Side st o#s lying ilor to.x
-
-
x
-
-
perpeRdic
Bellflower Rai ileyarrl "� h'
44-0 Whnlesolo and storage nr use (in a building the
_
x
side
streets
on
perpend
eg4y)
-
-
-
-
.42, Wine shuns (shall include the sale f wine beoer,
X
_
_
X
and
making equipmnent)
- , ,
-
-
-
-
.�-t
-i- -t-�#
-
C DvR1 Ir®�AND QUASI -PUBLIC CGS
4, Drive fel-uses-
-
-
-
-
x-3,
-
-
-
z.

Parking lets (pubk-
-
-
-
-
4 est nffiGe si ihsta n..5..

Pubblir., assembly uses, SeGtiOrl 17.48.1
-
-
-
-
P "I %.JO"LAI iL 1.9
6 Di--ubliG rK ifYVno�j centers nleGtriGity,
X
l l%.fnt ., phone, gas,
_4�e

Markup
'hapter 17.48 with
"age • :..
uses
Area -1
o
- -
P
C
UP
-P
G
UP
7-. S h ertff's s i i h &tatkm
x
-
-
x
-
-
B.. PuhIiG utility tat-IQin-
_ a_. Frnnting nn side streets. lying norpeRdiG il�+r
Gun Sales
CUP
"��ttt!\�!1![!)_7'I
4 Incidental Instruction
tl�7 ��i!tt�tt\ :[!\�lt7
BMC 17.48.095
t►�i!J•t�t1l!►+l�l!�ttAJ�t�/. \!ltl!I!\�l�i!J!t!\t\S�t.�7�\ Outdoor Dining
:�\�1�[��lSI��IA\TS
BMC Chapter 17.74
-
u . rro-rrrrrr�--�n.n�f-�—�srr .. t
Bellflower Be ileyard
19 1WiFeless nommi iniGatir,�Giliti
_
x
_
_
x
Jti!�t:

D
-i
Eating and Drinkinci
Establishments
I!l��t��7ttl�l��=�1
9 Bar, cocktail lounge, pub or tavern
x
-
-
x
-
-
2 Artist—arRcd v-iir9lLeg' !GftS (residential; fleef
X
-
-
x
-
-
"'phiG
nnrl ohr,"o• coo Co-G+i nn 17-
[a '
Z fl
seGend
Second�InrNr Usesm
Artists'
3-4 C'l7 e erati'l7l S lR a
X
-
-
x
-
-
CLagLfn^l7IIQ
Gnn
with
permitted
L-sTdeRtial
i-n �n�7struG$urnlyso,
,--
�—aIl standards 1 1
17 is Tan
�t1�711![!lt��: J• 1!Y!l!\��1�1�1!I�t�►�!�: 177'�•.A�7��t►�j•'t\!Jt\tt'1'L�S�1fl�t►!tt!>.111\t\'�'\!2�7�!a�Jtti�7n��Jtt�a'l� •�ttl!t•��!�NIMJ•\•►�f�ttV'tlAttl!tt BMC 17.48.140
3 Gun Sales
CUP
"��ttt!\�!1![!)_7'I
4 Incidental Instruction
tl�7 ��i!tt�tt\ :[!\�lt7
BMC 17.48.095
t►�i!J•t�t1l!►+l�l!�ttAJ�t�/. \!ltl!I!\�l�i!J!t!\t\S�t.�7�\ Outdoor Dining
:�\�1�[��lSI��IA\TS
BMC Chapter 17.74
:7 Lam]
In Jtl�l�tl�J t\!�•
. _ I ■.
_ -
SPECIAL PR®VISI®NS
, _ 1.
- _
- _ -
1 -
� �
'- - - - -
_ -
2 � . •
�—_1�Jttt�■■�ra!77tAt\�>•�ttl!t•��!�NIMJ•\•►�f�ttV'tlAttl!tt BMC 17.48.140
3 Gun Sales
CUP
4 Incidental Instruction
P
BMC 17.48.095
5 Outdoor Dining
P
BMC Chapter 17.74
\•I��t►�1t<`1!Jtl!l��Y
Tasting Room (non -alcoholics
P
7 Wireless Communication Facility
CUP
Jti!�t:

B
Eating and Drinkinci
Establishments
I!l��t��7ttl�l��=�1
9 Bar, cocktail lounge, pub or tavern
CUP
.
—44—
Uses
SPECIAL PR®VISI®NS
A
Accessory Uses
1 Alcohol sales (on -sale and off -sales
CUP
2 Drive-in/Drive-Through
CUP
BMC 17.48.140
3 Gun Sales
CUP
4 Incidental Instruction
P
BMC 17.48.095
5 Outdoor Dining
P
BMC Chapter 17.74
6 Tasting Room (non -alcoholics
P
7 Wireless Communication Facility
CUP
B
Eating and Drinkinci
Establishments
9 Bar, cocktail lounge, pub or tavern
CUP
—44—

City of Bellflower
Chapter 17.40 with Markups

Page 10 of 37 ends

10 Restaurant, Cafe, Bakery or Coffee
P
Establishment
11 Restaurant with on -sale alcohol
MCUP
BMC 17.48.085
C
Educational Uses
12 Child Care Center
CUP
13 School (Commercial, Vocational or
CUP
Trade
D
Entertainment/Cultural Uses
14 Banguet/Fraternal Hall, less than or
MCUP
BMC 17.48.125
equal to 5,000 sq. ft.
15 Banguet/Fraternal Hall, more than
5,000 sq. ft.

CUP
BMC § 17.48.125
16 Community Center, less than or
MCUP
BMC § 17.48.125
equal to 5,000 sq. ft.
17 Community Center, more than 5,000
CUP
BMC § 17.48.125
s ft.
18 Hookah Bars/Cafes (water pipe
smoking loun e
CUP
19 Indoor/Outdoor Commercial
Recreational Facility (Arcade, Billiard
MCUP
BMC 17.48.125
Parlor, Bowling Alley, Escape Room,
Laser Taq, Miniature Golf, Skating
Rink, Virtual Reality Room), less than
or equal to 5,000 sg. ft.
20 Indoor/Outdoor Commercial
Recreational Facility (Arcade, Billiard
CUP
BMC § 17.48.125
Parlor, Bowlin�q Alley, Escape Room,
Laser Tag, Miniature Golf, Skating,
Rink, Virtual Reality Room), more
than 5,000 sq. ft.
21 Museum, less than or equal to 5,000
MCUP
BMC 17.48.125
s ft.
22 Museum, more than 5,000 sq. ft.

CUP
BMC 17.48.125
23 Religious Facility, less than or equal
MCUP
BMC 17.48.125
to 5,000 sq. ft.
24 —
Religious Facility, more than 5,000
CUP
BMC 17.48.125
�-
25 Theater, less than or equal to 5,000
MCUP
BMCy§ 17.48.125
�tm
26 Theater, more than 5,000 sg. ft.

CUP
BMC 17.48.125
E
Small-Scale/Artisanal
Manufacturing
27 Artisan Manufacturing
P
BMC 17.48.065
_q,5_

City of Bellflower
Chapter 97,48 with Markups

Page 11 of 37 ends

28 Brewery, Micro -Brewery, Distillery or
MCUP
BMC 17.48.065
Winery with on -sale or off sale
alcohol
F
Office Uses
29 30
Administrative/Executive/Professional
P
P
BMC 17.48.060
BMC 17.48.060
Office
Laboratories
31 Medical or Dental Offices, General
P
P
BMC 17.48.060
BMC § 17.48.060
and Specialty
Veterinary
32 G
33 Public. and Semi -Public
Institutional
Government Facility
P
34 Parking Lot/Parkinq Structure
P
Frontinq on side streets lying
perpendicular to Bellflower
Boulevard.
35 Public Open Space/Amenities
P
36 Public/Private Utility/Communication
CUP
Frontinq on side streets I ring
.perpendicular to Bellflower
Boulevard.

H
37 Residential
Home Occupation
P
In permitted residential
structure/use.
38 Family Day Care Homes
P
In permitted residential
structure/use.
39 Residences (second floor and above)
P
BMC 17.48.130
40 Cootage food operations
P
In permitted residential
structure/use, BMC . 17.16.190
I
41 Retail Sales
Animal Adoption, Sales or Supplies
P
p
Antique Store
42 43
Apparel/Clothing and Accessories
P
44 45
46 Appliance Store
Art Gallery
Art Supplies
P
P
P
_BMC 17.48.095
47 Auto Parts and Accessories, Retail
P
Only, less than or equal to 5,000 sq.
ft.
48 49
50 Automobile Dealership
Beauty Supplies
Bicycle Shop
CUP
P
P
BMC 17.48.105
51 Book Store
P

City of Bellflower
Chapter 17.48 with Markups

Page 12 of 37 ends

52 Candy/Confectionaries
P
53 Cigar Shop
P
54 Collectibles (Cards, Coins, Comics,
P
Stam s
55 Convenience Store/Mini Mart
P
56 Cookware Shop
P
BMC 17,48.095
57 Drugstore/Pharmacy
P
58 Electronic Cigarette and/or Electronic
CUP
Lig uid Sho
59 Electronics Sale and Repair (Cellular
P
Phone, Computer, Television, Video
Game
60 Flonst/Floral
P
61 Furniture or Home Goods
P
62 Gift, Stationery, Greeting Cards
P
63 Grocery/Food Store
P
64 Hardware/Home Improvement Store
P
65 Hobby/Craft Supplies
P
66 Jewelry, Gems and Repair
P
67 Liquor Store (Off -Site Sale of Liquor,
CUP
Beer and Wine
68 Luggage and Leather Goods
P
69 Medical Equipment and Supplies
P
70 Motor Sports Dealersh'm
CUP
BMC 17.48.105
71 Music Store (Equipment,
Instruments Records,.Suppliesl
P
BMC 17.48.095
72 Office Supplies
P
73 Optical Shop
P
74 Party Supplies
P
75 Pawn §hop
CUP
BMC 17.48.120
76 Photography Supplies, Cameras and
P
Photo Processin
77 Secondhand Store
CUP
78 Shoe Sales, Repair and Shoe Shine
P
79 Smoke Shop
CUP
80 Specialty Retail Shop
P
81 Sporting Goods
P
82 Swimming Pool Supplies
P
83 Toys and Games
P
84 Tuxedo, Costume, Formal Wear
Rental
P
—47—

Bellflower
mol
.. i i =,
:'age 13 of 37
J
Service Uses
85 Animal Grooming or Training
P
86 ATM
P
BMC 17.48.140 for a drive-through
87 Bank
P
88 Barber Shop or Beauty Salon
P
89 Copy/Reproduction/Blueprint
Services and Center
P
90 Dry Cleaner/Cleaning/Pressing.

P
Drop off service only.
91 Gym/Fitness Facility/Club, less than
MCUP
or equal to 5,000 sq. ft.
92 Gym/Fitness Facility/Club, more than
CUP
5,000 sq. ft.
93 Locksmith
P
94 Mailboxes/Mailroom/Postal Store
P
95 Massage Establishment
NP
96 Fuel Station
CUP
BMC 17.48.070
97 Studio (Martial Arts, Dance, Photo,
MCUP
Music), less than or equal to 5,000
N ft.
98 Studio (Martial Arts, Dance, Photo,
CUP
Music), more than 5,000 sq. ft.
99 Tailor shop
P
100
Tattoo Parlor
MCUP

97.48.050 Use Determination.

To ensure the Town Center District permits all similar uses, the pl�nninr �„►�,d,-,i��i„n Director, upon written request, s ail may determine if a use not specifically listed on Table

17.48.040 (Allowable Uses) as per itted, copA;U.1 Q;1, permitted, or not permitted be permitted on the basis of similarity to the uses listed on Table 17.48.9 .9 (Permitted Cr nditiea"yPermitte�'�dNot Permitted, the purpose and intent of the Town Center District, and the goals, objectives, and policies of the General Plan.

A. Application. Application for determination of similar _uses ch -al -I must be made in
writing to the Director. Such request sh-afl must include a detailed description of the proposed use, operating characteristics, and any other information deemed necessary by the Director.

B. Investigation �Q�e�. The -R-a-n-n+n-gDirector shall
must compare the proposed
use characteristics with the goals, objectives, and policies of the General Plan as well as with the purpose and intent statement of the Town Center District to determine if the proposed use shall will be a -Rpermitted, Cconditionally permitted, minor conditionally

of
Belliflower
i 4. Markups
.;g_ -,
of 37
I IF W1 I
indings to the .....
0- V11 • -followingfind' •
1-�. The proposed use meets the intent of, and is consistent with, r+nnfnrm� � the appliGab goals, objectives, and policies of the General Plan; 2 �. The proposed use meets and conforms to the purpose and intent statement of the Town Center District;
e --- does notadversely im•- - publi health, safetY..:
e- -- -- -aesthetIGTand general - - of - residents; and 4 �. The proposed use ski-atl--shares characteristics common with; and is not be -of greater intensity, or density; or does not generate more environmental impacts; than those uses listed +on the Town Center District (Table 17.48.040 Permitted, GORditionallY Permitted a.nrd Not Permitted (Allowable Uses) in which it is leGa-er� D. Determination. The Director's determinatione ��-n-i-n�r� n, "�� nnneeIerl +^ the rmakn
�pealed to the Planning Commission in the manner
provided by this Code. as presGr,bed-in98ct►9n 17.112.0.. n (Appeal to Council) of the A. Purpose. The purpose of this section is to reasonably limit the number and type of office uses permitted in the Town Center District. It is found that excessive office uses in the downtown area conflict with the following goals and objectives of the Town Center District:

1. Accommodate and promote traditional specialty retail uses.

2. Promote inviting storefront design.

B. Office Uses Defined. For
the purposes of the Town Center District, office uses are:

1. Administrative, executive, and professional offices (e.g., architect, lawyer, engineer, accountant, tax preparer, real estate agent).

of i'

4. with Markup�l
'Iage 15 of 37
IN
(non ani■■ e.

C. Office Uses Limited in the Town Center District.
■ ► _ �_
ronting Bellflower Boulevard. An inventory of existing office locations shall be is kept on _ inwith _ Planning D_■ ■ ue■

3. Medical, dental, laboratory, and veterinary �offices�and Gclinics musfi �incorporateing a P -permanent Rretail €floor-9space if fronting Bellflower Boulevard. The retail floor space shall must be a minimum of 25% of the gross floor area of the tenant space, shall incorporate a store front, and shall be located at the front of the tenant space fronting Bellflower Boulevard. The office/clinic floor space mall may not exceed 75% of the gross floor area of the tenant space and &hall must be located behind the retail floor space.

In addition to any other requirement of this Code, the following applies fio any manufacturing use:

A. All activities must occur within buildings; outdoor storage/repair is prohibited; B. All uses must be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or li hting to a degree that is readily detectable at any point beyond the property line of the use; and C. A storefront consisting of a showroom, tasting room, or retail space must be included. The storefront must be a minimum of 25% of the gross floor area. of the - -enternter D through . r .,-,reguiresConditir
Jse Permit. In approving a Conditional Use Permit for a servic;e fuel station in the Tow ,enter District, the Planning • •shallmusta_ _ following • •.

"Ity of Bellflower
f ''
n� with Markups
:'age
i -

1. That the proposed sem% fuel station use will not substantially increase vehicular traffic on any street in the immediate vicinity, especially those serving residential uses; and
... -. UC7=77U- - • - •L U1 -C -111-r -. Litt I I I U I I clzcl I IV. ass J. ,. .
-
B. Locafion and Site Requirements. New �� fuel stations are s-l�aa-t only be permitted contiguous to Bellflower Boulevard only ;n °10p '' ^f +"o 'num Center DiStFiGt, at arterial/street intersections. When considering an application for a new c�rvce fuel station, the following standards shawl- apply:

1. A maximum of two cue fuel stations s-h-�I-I--be are allowed at each intersectioni�

2. A minimum distance of ��^ "I 1n�ro� �500� feet s'h-alt is required between s�-p-a-ra�e service fuel stations located on the same side of the street;..and

3. The-m;-n1�°,�� parcel size for a new cue fuel station sh-a�' must be a minimum of fifteen +heusand415,000) square feet, with a minimum frontage of GRe h17Y1!'ired (100) feet.
tooW
.. . _. _ ... e %_ _ . _ .. ....
r - - - - - - ANIN IIII
- - - _ - -
n■c�i:��»��r��+i\��_\■i:�ri��•ri-�rri.�.�AS\iR+r��i11E Il-ll��ialik
i'
• • =��Y.�i�l�\�
1�YI�r1 �l
Yt+.

L�l 1�►-\\A►-J�l�1t
J.-1�>•t�J��\\i-)17
i
v�.-a �n��•i ver t�r��
.ir4lkim\■��•r�r\��J��iR��z
i .r►�+si
Y-l�J�-1�I�l�l�\-J�-J-1•'\'.\�\�\\1t\1 \�J•-fel-1 l -1 -l -f =t l-7 �•.ln�-14�1�1 J��TL�\t►�\\��.1��\��1�\l � J�L��\A�\ =��Y.�i�l�\� 1�YI�r1 �l
Yt+.

Y-l�J�-1�I�l�l�\-J�-J-1•'\'.\�\�\\1t\1 \�J•-fel-1 l -1 -l -f =t l-7 �•.ln�-14�1�1 J��TL�\t►�\\��.1��\��1�\l � J�L��\A�\ •t�J��\\i-)17 i
v�.-a �n��•i ver t�r��
1 � �v�..4 �✓N�� iy, i.a "Lv SLAIN .Z13 as an.v �.nv�...w.....�, Nv...� ..s. .... ...... a.,.. .... ...... .., ......... .......... ... ..... .. .r. ...

Ancillary convenience marts (mini marts) and fast food franchises may be permitted.

ANSI
Minn IlAEl�t1�-1�='\•I\�\��J�l�\_l._L
7 7
1 L�l 1�►-\\A►-J�l�1t
J.-1�>•t�J��\\i-)17
7 7
1 ity of Bellflower

4. with Markup
■,g 17 of 37
D�. Development Standards. See Fuel stations Shall must be designed so that form and scale are integrated with adjacent development and complement the traditional character of Town Center. Se- ndi Fuel stations shall are be --subject to the following standards:

1. Setbacks.
a. No building or structure s-h-afl may be located within ��'�20� feet of a property line which abuts a residential district.
b. Pump islands s-h-aal must be located a minimum of �"20� feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to ten (10) feet from a street property line.

2. Access.
a. T"��e�"�l-�t� No more than two {� vehicular access points to any one {�-} street -is allowed.
b. �"re-re-s-"��-a►;--bei A_minimum distance of ¢ham -(30} -feet must be provided between driveway aprons (curb cuts) along a street frontage.
c. No driveway s-h-aal maV be located closer than te-p-(10}-feet to the end of a curb return.
d. No driveway sha-�l m�be located closer than ��e-n�-(20� feet to a common property line which abuts a residential district.
e. The width of a driveway apron (curb cut) sh-al-1 cannot exceed �h30� feet. f. The use of shared access ways (aprons, curb cuts) and reciprocal access between parcels s1�-afl---b� are encouraged.

3. Parking.
• - • each 1' • • • r - feet of • • �' - • i • hereof r • • • • structure must be provided. Gasoline queuing spaces used for the fueling of vehicles sa
-afl cannot count towards fulfilling this requirement.
b. On-site parking for eeLc and patrons of
ancillary convenience marcs (mini
marts) and fast food franchises �h-afl must be provided at the following ratios:

Convenience marts - one414 parking space i

17.48 with Markups
i . e 18 • _
37 ^+„-f1Pre1,-75square feet of floor area dedicated to the fast food use. For drive-through parking (queuing) requirements, see Section 17.48:140., Commercial Establishments with Drive -In— and Drive -Through, and Walk Up Winde Service. c. Outside storage of motor vehicles is prohibited. For the purpose of this section, "outside storage" shall- means the parking of a motor vehicle in an unenclosed area of the sero Ge -fuel station site for a period Ionger than n+„ four (24) hours,- ;le s te-tai^ vehiGle
IYYV
.,.tl__
f
d. No new or used vehicles may be parked on the premises for the purpose of sale, rental, or lease.
e. Parking �-a-I-1 must be located and screened so as to minimize visibility of parked cars from the public right-of-way.
f. No vehicle may be parked on sidewalks, driveways, or alleys.

4. Landscaping.
a. Irrigated landscaping s -hal -I• must comprise a minimum ofd nor�.o►,+ X10%� of the se^ e fuel station site area and shall must be permanently maintained. b. A minimum eight (-�} foot inside dimension planter area bounded by a six {�} inch high curb, &h -a -N must be provided along interior property lines, except openings to facilitate reciprocal access to adjacent parcels. Within the planter area, trees shall must be planted at a rate of one1 (1) f^rty ^i^"+ (48) inch (minimum) box tree for every X15} linear feet of planter area.
c. A minimum planter area of �^+ �Q�� +h^r f/ll.r h.Ir,rIrorJ X400} square feet s -h -alt must Ivy I�.v
be provided at the corner of two {�-intersecting u;��r-�,��streets. d. A minimum fe-n--1101
foot inside dimension planter area, bounded by a six {-�} inch high curb, shad must be provided contiguous to of
e. Additional landscaping may be required at the rllor
ro+i^"determination of the
-Pa-a� Director to screen and buffer the s�� fuel station from adjacent properties. 5�. Site Maintenance.
a. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles s-h-a1l may be located outside of a -zhe�, �f^�t�tt�,-building. [R��li�l7\�J��l��\�\t�l�=��1�'t�l�[!t��l��l�[��t�■ 1�[R7��1
,� �- �
- �
5�. Site Maintenance.
a. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles s-h-a1l may be located outside of a -zhe�, �f^�t�tt�,-building.

>apter 17.48 with Markup.
�age 19 of 37
b. A refuse storage area, completely enclosed within a six kW foot high decorative masonry wall (split face concrete block, or equivalent) with solid metal gates, large enough to accommodate standard sized commercial trash bins, shalt must be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles. Wall and gate materials, textures, colors, and design shall must be architecturally compatible with the surrounding seNir+e stati^n buildings. c. Driveways and service areas s -h -aa -I -must be maintained and kept free of oil, grease, and other petroleum products without washing them into drainage, gutter, or sewer systems.

7. Lighting. All light sources, including canopy, perimeter, and flood lights must be shielded or recessed within the roof canopy so that the C% /MN will be indirectly visible and light is deflected away from adjacent properties and public streets. Lighting shall Gar not be of such a high density as to cause a traffic hazard or adversely affect adjoining properties. No luminary (The light standard) shall may not be higher than twelve X12} -feet above finished grade. I-�, h ...11ards nn+ higher fh�n ,(,4) fe0+ shall him used adjacent to residential diStFiGtS

8. Perimeter Walls.
a. Where ace --fuel station abuts property in a residential district, a six {�-} foot high decorative masonry perimeter wall (split face concrete block, or equivalent) shall must be constructed. Materials, textures, colors, and design of the wall shall must be compatible with, and complement, onsite development and adjacent properties.

Perimeter walls located adjacent to residential districts may extend to a maximum height of eight Wfeet with Director approval -by he Planning Directel:
b. When the perimeter wall reaches the established front yard setback line of any residentially -zoned lot abutting the �'�e fueling station, the perimeter wall shall must decrease to a maximum height of forty twe442) inches.

9. Public Service Facilities. All automobile service stations are required to provide up blic restrooms .

10. Restroom Screening. Restroom entrances visible from adjacent properties or the public right-of-way must be concealed from view by planters or decorative screening. �-�--��s-Fc o• f� I n i c'� f r�-m—he� S I I c�arJ�c peaIr o rc � r� r ^��T� s �Cf I n ry � n � g n n��
Existing ServiGe Stations. The development standards for existing serviGe.statiG IM API
—54—
a

t, of Bellflower
i with Markupzk,
�age 20 of 37
The City Council may issue an Entertainment License for ppFeve the fahli hn ept Ef non -adult business (see SeGtiOn 1 n8 010 foo speeif rdefir,► ) oriented entertainment

0.� �.. IMMIUBYAWWAD&WIN 1m MA
WAWKW
7 ,._..._,r,..... .�......., ....�,,........�..�...., �......vvv, LAI Iti Iwl Luu a nim Entertainment License for entertainment as an ancillary use in the the City Council shall must make the following additional findings:

A. That the proposed use will not substantially increase vehicular traffic on adjacent streets serving residential uses;
B. That the proposed use will not create increased fe-etpedestrian traffic in adjacent residential areas;
C. That the proposed use will not generate adverse impacts that negatively affect adjacent parcels, such as noise; and
D. That the proposed use will include adequate restroom facilities, trash receptacles, and recycling bins, which will be properly maintained by the applicant and are sufficient for the needs of the proposed use.
°I7.4�.0�5 Restaurant with ®n -Sale Alcohol.

Restaurants seeking an on -sale alcohol license are eligible to apply for a Minor Conditional Use Permit. Businesses that do not qualify must apply for a Conditional Use Permit. In addition to any other requirement of this Code, a aualifvina restaurant must comply with all of the followin
restrictions:

C. Before serving alcohol, the owner/
operator must possess a valid on -sale alcoholic
beverage License and be in compliance with all applicable regulations and guidance issued by the California Department of Alcoholic Beverage Control at all times; D. The establishment must allow patrons of all
E. es, at all times;
No cover charges and entry fees may be cha
ed/required of patrons:

4: with Markup
"age
F. ins advertising brands and types of alcohol may not be visible from the exterior of the premises. The display of alcoholic beverages must be interior only (no outdoor displays at all times;
G. Customized lighting and sound system conducive of a nightclub atmosphere are prohibited at all times.
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_7

'ity of Beliflower
,hapter 17.48 with Markup
3age 22 of 37
Of, consuming, using, or under the influence of any alcoholic beverage or drug;

17.48.095 Incidental Instruction.

Incidental instruction is permitted so long as no more than an aggregate of 15% of the dotal gross floor area within the building space is occupied by the incidental instruction area.
17 48 X100 Outdoor- Newsstands-.

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Of, consuming, using, or under the influence of any alcoholic beverage or drug;

17.48.095 Incidental Instruction.

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"ty of Bellflower
.;with Markup
g_ 23 of 37 1
1 1
7 1
Anew automobile/motor sports dealership or the enlargement or alteration of an established automobile/motor sports dealership in the Town Center District requires a Conditional use Permit. In addition to any other requirement of this Code, the following applies to the sale of automobiles and/or motor sport vehicles:

A. Minimum Lot frontage width: 100 feet, as measured along anv public street: and B. Minimum lot size: 15,000 square feet.

The Planning Commission may approve �1",-e o��ohli�hm�r.f �¢ a pawn shop subject to the following standards:

A. Ancillary gun sales shal
l may be allowed within a pawn shop. Ancillary gun sales s#aLt must not exceed more than 25% of total gross annual retail sales.

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Anew automobile/motor sports dealership or the enlargement or alteration of an established automobile/motor sports dealership in the Town Center District requires a Conditional use Permit. In addition to any other requirement of this Code, the following applies to the sale of automobiles and/or motor sport vehicles:

A. Minimum Lot frontage width: 100 feet, as measured along anv public street: and B. Minimum lot size: 15,000 square feet.

The Planning Commission may approve �1",-e o��ohli�hm�r.f �¢ a pawn shop subject to the following standards:

A. Ancillary gun sales shal
l may be allowed within a pawn shop. Ancillary gun sales s#aLt must not exceed more than 25% of total gross annual retail sales.

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•14�.��•1R��17��\i�l�'r!

of i
2"'hapter 17.48 with Markups
mo
�age 24 of
A. Notwithstanding any other provisions of this Code, public assembly use is defined as any use that is established for the purpose of: 1) gathering, deliberating, worshiping, educating, entertaining, or conducting workshops including, without limitation, banquet halls, educational institutions (which are to be permitted on second floor and above only), ¢if„n;ess--Gent rs m^ tia;a4s/k-a-rate studio -s-, commercial recreational facilities (e.g., bowling alleys, skating), danGe studies,and theaters; or 2) establishing a permanent, headquarters -type and meeting facility for organizations including, without limitation, hr �/Ghess/go clubs., religious facilities, and fraternal halls.

B. All public assembly uses must provide at least one parking space for every four permanent seats. A "seat” means 18 lineal inches of seating space when seats are arranged in rows or benches. Where there are no fixed seats, a "seat" means seven square feet of floor area. Any required parking spaces may be located in a separate lot from the property where the public assembly use is proposed, subject to the off-street parking requirementsSeGtiE)R 17.88.090K
C. If property is located within Parking District No. 1 and proposed public assembly use requires more parking than the existing use, then the parking requirement may be satisfied by the payment of an in -lieu fee for every such additional required parking space.

The amount of the in -lieu fee will be established by City Council resolution.

D. The Director may approve alternative parking for Aany public assembly use including, without limitation, use of public parking lots, to mayapply to Me �!FeGte Atilizing-the pubI'r� inng-avis-te-meet some, or all, of the on-site parking requirements, subject to the parking assessment requirements of this chapters^r+;^n 1 7 4 Q 21 W public assembly use must comply with this
The Planning Commission may approve the establishment of a residential use d subject to the following standards:
fi�7iTiTiia � . � .• 'iTT��
I��rJ�I��I��A�I��l!��►!t��
lt��['•Y�l
l�1�R�It\�\'�s�Jl
public assembly use must comply with this
The Planning Commission may approve the establishment of a residential use d subject to the following standards:
fi�7iTiTiia � . � .• 'iTT��

of
:. with Markup*1
'Iage 25 of
�A. The exterior design and appearance of the building is compatible with the purpose and intent of the Town Center District.-; and
B. The residential use must be located on the second floor and above.

M CM TIMM'
A IF he • u . O • • • • • . r • •,enter Area 2,;enditional Use Permits), subject to the following standards:

1. Drive-in; and drive-through; an-�' ^�n�^^- ��e establishments �h-a-I-1 m�be located only on lots having street frontage on Bellflower Boulevard. Such establishments ;h -all must be located so as not to: (a) be a hazard or nuisance to nearby uses; (b) create. traffic congestion or vehicular hazards; and (c) conflict with pedestrian circulation movements.

2. The minimum lot size for adrive-in; or drive-through,-��;-I{�-p��n�^^c�� establishment shall be is15,000 square feet.

3. Drive-through aisles s-h-aa-� must have a minimum 12 -foot width on curves, and a minimum 114001 width on straight sections.

4. Drive-through aisles s�-al-I must provide sufficient queuing area behind the pick-up window to accommodate a minimum of six tol automobiles.

5. All service areas, rest rooms, and ground/roof mounted mechanical equipment sit must be screened from public view.

6. Pedestrian walkways should not intersect the drive-through drive aisles, but where - as a practical matter -they d-emust, they ski -a -I -I must have clear visibility, and must be emphasized by enriched pavement treatments (e.g., interlocking pavers,, Bernant¢ or stamped concrete).

7. Each such establishment spa -a-4 must have a minimum street frontage of -QPvPnf `
�70� linear feet.

8. The architectural design of any drive-in; or drive-through, or walk -upswin nXAZ c�-� establishment must be compatible with surrounding uses and the traditional architectural character of Town Center.

9. No driveway aha -I -I- can be located closer than tin -(104 feet to the end of a curb
return.

Q•

ty of Bellflower
48 with Markups
':i= 26 o3
7 Limited outside display of merchandise may be permitted pursuant to this code.

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■ ■ 'Ala,■■ _ ■■ A ■ r ■ = _ ■ , ■ yards; to
The following table sets forth minimum lot dimensions and maximum height limitations and lot coverage for parcels located in Town Center District.

Feature
Standard

1. Site/Lot Area minimum
3,0.00 square feet 2 ,

2. Lot Width minimum
25 feet 2 ,
-
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-
-
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The following table sets forth minimum lot dimensions and maximum height limitations and lot coverage for parcels located in Town Center District.

Feature
Standard

1. Site/Lot Area minimum
3,0.00 square feet 2 ,

2. Lot Width minimum
25 feet 2 ,

of Belliflower

17.48 with Markup
'age

3. Lot Depth minimum
115 feet' 2 ,(24

4. Height Limitations (maximum)
a. Adjacent (within 50 feet) to a residential
15 feet (one story)}
district or existing residential
development4
b. Other locations
35 feet two and one-half stories 3,6
,

5. Lot Coverage (maximum)
100 percent
(1)
�d-nr---real-e�efe�, � �� ;¢ ;+ ,^,oro � ,^��^-►-,�;nr '^+. A lot that does not comply with the applicable requirements is considered to be a legal building site for the purposes of development or the establishment of a new land use only if: (a) the parcel was previously a legal lot of record; and (b) the parcel has a valid certificate of compliance or conditional certificate of compliance issued in accordance with this Code and the Subdivision Map Act (Government Code §§ 66410, et seq.). The creation of new lots shall must abide by the minimum lot area, width, and depth provisions listed. (2) No minimum lot area, width, or depth requirements s -h -a -I-1 may__be required for individual parcels created as Torf,—�„anci l pu pes gra —nor Fesident+aT condominiums) developments if part of within an integrated Master Planned Development.
(3) Existing and proposed theaters and religious facilities may exceed this height limit, up to a maximum height of i 55} feet, in order to accommodate ancillary roof projections e..g., theater proscenium, spires, towers, campanile, minarets). (4) Adjacent: Having lot lines or zoning boundaries in common. (5) This height limit may be exceeded when foot side and rear setback is provided for every foot higher than fi;15� feet, up to two {�} stories or ¢h(30� feet. (6) This height limitation may be exceeded when one 41
-} foot front setback is provided
for each two {�} feet higher than t-h-i��ve-(35� feet, up to four {4) -stories or 45� feet, whichever is less.

The following table sets forth setback requirements for buildings and parking lots located in the Town Center District.
-62-

'ity of Bellflower
'hapter 17.48 with
Markups
3age 28 of 37
Feature
Standard
Standard ParkIN
ing
Building
Lot3

1. Front Property Line Setback
0 feet!
04 5
feet
minimum/maximum

2. Rear Property Line Setback (minimum)
a. Adjacent to a residential district or
5 feet5
{
0 feet
existing residential development4
b. Adjacent to existing or planned
0 feet
0 feet
commercial or office develo mento

3. Interior Side Property Line Setback
a. Adjacent to a residential district or
5 feet5
{�}
0 feet
existing residential development
minimum 4
b. Adjacent to existing or planned
0 feet?
{24
0 feet
commercial or office development
(minimum/maximum)4

4. Street Side Property Line Setback
0 feet
5 feet
Tim
(1) All buildings must be located at the front property line (0 foot setback) in order to preserve the traditional main street image of Town Center. A three-foot indentation may be provided to accommodate door openings.
(2) All front building facades must be constructed from side property line -to -side property line in order to promote a continuous, traditional, "street wall" of storefronts contiguous to Town Center streets. Separation between buildings shallb are discouraged.
39uIovarrJ. IArea nd. -pParking fronting Bellflower Boulevard shall -b e is.discouraged and
must be located to the rear of the parcel, where possible. (4) Adjacent: Having lot lines or zoning boundaries in common. (5) Buildings located on parcels ated a
locdjacent to residential districts or existing
residential development which exceed the 15 -foot height limit s -had -1 must provide a 10 - foot side and rear property line setback.
ill Ell
Ik saw -2 Alml

AN AN A A
J�11->1S\t-lilJN��LE1.7�.1I_\.l El��lT7�lM��f

ity of Beliflower
;hapter 17.48 with Marlkup�
)age 29 of 37
A. Building Features.

1. Eaves and cornice elements, not to exceed a projection of one foot.

2. Awnings, not to exceed a projection of six feet.

3. Canopies and marquees, not to exceed a projection of six feet.

4. Architectural features (e.g., window and door sills, columns, pilasters), not to exceed a projection of one foot.

5. Light fixtures, not to exceed a projection of two feet.

C. Landscape Features. Plant containers.
'17.4E.°I90 Future Rights -®f -Way.

A. This section is applicable only where a portion of a lot or parcel is within an area planned to be part of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the minimum site/lot area as specified on Table 17.48.160, Site Dimensions, Height Limitations, and Lot Coverage.

B. Portions of any lot in the Town Center District within a future right-of-way area s�-aIt cannot be occupied by buildings or structures other than those encroachments �p8GifiGally permitted (coo identified in this chapter s bS8C-ti^n 9 r)f this seGtion Permitted -�u-a-.�� t�rro�r �-� �r�vr��-m�rrr�zr
�nnreaGhmonts). All other required setbacks, yards, and open areas shad must be provided in addition to the future right-of-way areas, and the future right-of-way lines s-hafl are be considered to be lot lines (property lines) for purposes of measuring building and parking setbacks, site/lot area, lot width and depth, and lot coverage.

C. The following encroachments are permitted within future right-of-way areas:

1. Fences, walls, or hedges, not to exceed three feet.

2. Landscaping.

3. Access walkways and driveways.

No construction+n-q-permit for a new or redeveloped building�h-a-It will be issued until fho f^��^,n,inrr street dedication and improvement requirements ^� �:
-64-

'ity of Bellflower
.'*hapter 17.48 with Markups
1 of 37
=092 M�Ww
.ATWINNI 10 'A K
__
,•lA9i�ai9 WJL�=111• s
1 A. Parking. Parking requirements for new development within the Town Center District are intended temust maintain a minimum ratio of one parking space for every 400 gross square feet of floor area. All newly constructed, expanded, or redeveloped buildings and structures must provide adequate parking to maintain this minimum ratio. The Director may, subject to this chapter, approve alternative parking. Should new parkin ho
B. Any use may apply to utilize the public parking lots to meet some, or all, of the on- site parking requirements. The Director will evaluate such request based on considerations such as the ease of pedestrian access; the reasonable adjacent or proximate distance to the public parking lot; the parking assessment report; and the practicability of transferring the parking obligation. The applicant must prepare and submit a Parking Assessment Report containing the following components:

1. An assessment of the proposed project's highest parking demand time periods;

2. An analysis of available public parking locations during high parking demand time periods; and

3. P; plan to include the use of maps, guides, or other wayfinding showing the locations of Bellflowerpublic parking lot locations, in any marketing materials or marketing methods generated by the applicant.

In addition, the applicant must also enter into an agreement with the City clarifying that the use of public parking spaces does not grant a possessory right to the applicant; that the public may freely use any parking space within the public parking area; and that any transfer of ownership requires a reapplication for off-site parking. The City Manager is authorized to execute any such agreement in a form approved by the City Attorney. --�
;Hea'
='Sim
W
W
. _
.
_
.
_
_
.
a
A. Parking. Parking requirements for new development within the Town Center District are intended temust maintain a minimum ratio of one parking space for every 400 gross square feet of floor area. All newly constructed, expanded, or redeveloped buildings and structures must provide adequate parking to maintain this minimum ratio. The Director may, subject to this chapter, approve alternative parking. Should new parkin ho
B. Any use may apply to utilize the public parking lots to meet some, or all, of the on- site parking requirements. The Director will evaluate such request based on considerations such as the ease of pedestrian access; the reasonable adjacent or proximate distance to the public parking lot; the parking assessment report; and the practicability of transferring the parking obligation. The applicant must prepare and submit a Parking Assessment Report containing the following components:

1. An assessment of the proposed project's highest parking demand time periods;

2. An analysis of available public parking locations during high parking demand time periods; and

nol

4. with Markuptv
3age 31 of 37
C. Driveways. Each project site must provide a 20400t minimum driveway .width or two 10 -foot driveways for each project site. The minimum required back -out space must comply with the "Parking Standards" diagram &h-ewn-under SeG inn 17.88.020in this chapter. If a portion of the required driveway width is also used as a back -out space and the minimum required back -out space is greater than the minimum required driveway width, the minimum required back -out space requirement applies for the portion of the driveway used as back -out space.

D. Parking Space Dimension. ��-parr,e¢in�� _Any permanently maintained parking space must be a minimum of net less nine feet by 18 feet for the parking of motor vehicles.

A. No wall or fence s -h -al -I may be constructed within the Town Center District until the Director approves plans and designs have been approved by Planning DireGtor. In addition, a wall or fence may -requires a building permit. All walls and fences, whether required or not, shall must be located and limited in accordance with the provisions of this section.

B. Wall and Fence Height.

1. A six foot high solid decorative masonry perimeter wall (split face concrete block, or equivalent) is required adjacent to all residential districts. When the wall reaches the established front yard setback line of a residentially -zoned lot abutting the Town Center District, it shall must be decreased to a height of 42 inches. Perimeter walls located adjacent to residential districts may be extended to a minimum height of eight feet with Director approval -by-the Planning Diron+nr

2. Walls which are not located adjacent to residential districts (internal lot walls) s-h-atl are allowed to be a maximum of six feet in height.

3. Fences s#a�-I-must not exceed six feet in height.

4. A maximum three foot high solid decorative masonry wall �a-�--b� may be permitted anywhere on the interior of a lot.

5. A maximum three foot high decorative non -view -obscuring fence may be permitted anywhere on the interior of a lot.

C. Wall and Fence Material and Design.

1. Perimeter and internal lot walls s -h -al -1 must be decorative, composed of split face concrete block, or equivalent with coping. Standard �M�-(concrete masonry unit} block is not walls shall not be Gonsider�-red deGOratiye and shall Rot be allowed. -66-

31ty of Belliflower
'hapter 17.48 w1ith Markups
• .,
ge 32 of 37

2. Fences shall must be decorative, composed of wrought iron, or equivalent, with 18 inch wide solid decorative pilasters located 25 feet Q.G. (on center).

3. Perimeter and internal lot walls shad must be finished on both sides.

4. Wall and fence colors, textures, and materials shawl must be coordinated with building architecture to achieve compatibility of design.

D. Walls and fences must be maintained in good repair and appearance.

E. The use of chain-link, barb wire, razor wire, wood or plastic slats, or wire fencing ;hall is not be allowed.

A. The use of shatter resistant laminated vigil pane security glass is encouraged for storefront security.

B. The use of exterior scissor style security grilles and roll -up metal doors or grates are prohibited.

C. Interior scissor style security grilles sta-a-It must be concealed from public view when not in use by retracting the grilles into casings which are in proportion and scale to the building's architecture.

D. Permanent security bars (defined as those clearly visible and fixed to the exterior oT windows or doors) are prohibited.

E. Interior security mullions which mimic individual window panes may be allowed as a security device, to beas approved by the Director.

The conduct and operation of all uses in the Town Center District s -h -all -must comply with the minimum standards of performance set forth below:

A. Noise. The conduct and operation of all uses shall
must comply with the following
standards:

1. It is unlawful for anyAll-Town Center District ac �t+e�activit Netto create 'q -n -y
noise that wet�I-d—exceeds an exterior noise level of 60 dBA (Aa weighted method of measurement) during the hours of 10:00 p.m. to 7:00 a.m. and 65 dBA (Aa weighted method of measurement) during the hours of 7:00 a.m. to 10:00 p.m., as measured at the property line. It is unlawful for (interior noise limits shall impact residential interior spaces baydabove 45 dBA (Aa weighted method of measurement).

"ty of
Bellflower
.ohapter 17.48 with Markup)l' i

2. It is unlawful for anyNe person shall —ea theto loadmg, unload -i -n -g, openmg, closean�, or ether handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 8:00 a.m., in a manner which would cause a noise disturbance to an abutting residential district.

3. It is unlawful for any -N -s person s-h-aflto cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle (e.g., auto, truck, recreation vehicle, motorcycle, off-road vehicle) in such a manner as to create a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. affecting an abutting residential district.

4. Exterior air conditioning equipment s-h-aa� must have a sound rating number (SRN) in accordance with ARI (Air Conditioning and Refrigeration Institute) Standard 270. - -- - _ragNOR0 111 IBM III
�5. Any live music, or music systems (e.g., CD players, radios, tape players, digital audio players) shall may conducted, designed, installed, and operated in a manner which is not disturbing to surrounding Town Center District uses and abutting residential districts.

B. Lighting. The conduct and operation of all uses.s-hail must comply with the following standards:

1. All lights and glare associated with operations and illuminated signs s-h-atl-must be shielded or directed so as not to illuminate abutting residential districts.

2. Building lighting, for the purpose of accenting architectural elements through the use of exposed neon, may be approved by the Director.
operation or activity is permitted
fumes, or dust or which exceed
c r,0
t
no have operations which emit
the requirements of .applicable
D. Maintenance of Open Areas. All open areas s-h-a�-I must be landscaped or surfaced and permanently maintained in accordance with applicable law, n, ►��►,�nY �„ �� n�,� • i t• i� .. r, ..ri K w
ff
7 E. Vibration. No operation or activity ��-a�--b� is permitted which will create vibration noticeable without instruments at the perimeter of the subject property.

.ohapter 17.48 with Markups
.a
ge 34 of 37
F. Mechanical and Electrical Equipment. AII—suc--h mechanical and electrical equipment; including, with limitation, air conditioners;; antennas%, satellite dishes;; pumps;; transformers;; heating;; and ventilating equipment shall must be located and operated in a manner that does not disturb adjacent uses and activities. All rooftop mechanical and electrical equipment shall must be screened from public view through the use of architectural features (.e.g_, parapet, cornice). Antennas, satellite dishes, and monopoles shall cannot exceed the building height limit, and ski must be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas, satellite dishes, and monopoles shall must be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. The materials used in constructing the antenna, satellite dish, or monopole shall cannot be unnecessarily bright, shiny, garish, or reflective.

G. Electrical Nuisance. No operation or activity �h-�I-1 m�_transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.
fH. Liquid and
disposal system,
allowed.

Solid Wastes. T her� c"�� "� Ngo discharge at any point into any or into the ground, of any toxic or hazardous liquid or solid materials is .
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Solid Wastes. T her� c"�� "� Ngo discharge at any point into any or into the ground, of any toxic or hazardous liquid or solid materials is -lel. Heat or Cold. No operation or activity ski-a�-1-can emit heat which would temperature increase or decrease on any adjacent property in excess of 10 Fahrenheit, whether the change is in the air, on the ground, or in any structure. cause a
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-lel. Heat or Cold. No operation or activity ski-a�-1-can emit heat which would temperature increase or decrease on any adjacent property in excess of 10 Fahrenheit, whether the change is in the air, on the ground, or in any structure. cause a
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'Ity of Belliflower
'hapter 17.48 with Markups
:'age 35 of 37
SIJ. Trash Areas. All refuse shall -must be stored within City approved trash containers.

All areas for the storage of trash containers shall -must be effectively screened from public view or placed within an enclosure bounded by a six foot high solid masonry decorative (split face concrete block or, equivalent) wall, with solid metal doors. All trash enclosures ;hall must be securely designed to prevent access to anyone other than the authorized users and the refuse service company.

These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals, objectives, and policies of the General flan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely fashion. t+ ►� horohv rJonlororJ +ham+ nNonconforming structures and uses within the Town Center District are detrimental to both orderly and creative development, and the general welfare of citizens and property. it ;s, further JonlarorJ that n^�o^,Rfstructures ^nr) uses . .. I . 0 • . . a .. . . . . .. ... .. . . . .

A. Nonconforming Structures. A structure which lawfully existed r,r�ebefore the effective date of the ordinance codified in this chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the Town Center District. A legal nonconforming structure may be maintained as follows:

1. A legal nonconforming structure which is damaged to an extent of 50%� I ay be restored only
if made to conform to all provisions of this chapter.

2. Reasonable repairs and alterations may be made to legal nonconforming commercial structures, provided that no structural alterations s�-a�-I-be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Planning Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property °
- egaT�nG.^n¢^rrY,inr ctFUG However, improvements required to reinforce nonreinforced masonry structures shall be is permitted witheut replacement. t ';n^I provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

,hapter 17.48 with Markups
�age 36 of 37

43. Reasonable repairs required by law (e.g., health department remedial work) shall will be permitted without replacement cost limitations. ..... ..� r-� .....� .� .......... .......... ......... ....... ........,..,.........r ... ... r �...� . ....... a ....� �.... v v � v . . �4. Any additional development of a parcel with a legal nonconforming structure �h-a-It may require that all new structures be in conformance with this chapter and all applicable portions of the Bel�ver MunRGipal Cthis code.
�5. If the a nonconforming structure is unoccupied��^^nf�no� for a period of one year or more the structure shalt will lose its legal nonconforming status, and shall will be removed or altered to conform to the provisions of this chapter and all applicable portions of the Beliflower M IRiG44'code. A use of a legal nonconforming structure_shall must be considered discontinued when any of the following apply:
a. The explicit intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.
b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this tR
me, and where normal occupancy and/or use has been discontinued for a period of one yeaI or more, unless the discontinuance of use was for the purpose of making repairs required by law.
c. Where there are no business receipts available for the one year period.

B. Abatement of Nonconforming Structures.

1. Legal nonconforming structures sial -I may be removed or structurally altered within the following specified time limit, from the effective date of the ordinance codified in this chapter.

2. Nonconforming structures may be continued for a period not to exceed 22 years.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed ap-o-r- enter District. The continuance of a legal nonconforming use is subject to the following:

'Ity of Bellflower
'hapter 17.48 with Markups
3age 37 of 37

1. Change of ownership, tenancy, or management of a nonconforming use shall will not affect its legal nonconforming status, provided that the use and intensity of use does not change.
nonconforming use is discontinued for a period of six or more consecutive calendar months, it shall will lose its legal nonconforming status, and the continued use of the property shall be is required to conform with the provisions of this chapter and all applicable portions of the Bellfl M URicipal C -this code.

3. Additional development of any property on which a legal nonconforming use exists shall will require that all existing and new uses conform to the provisions of this chapter and all applicable portions of t-hQ B^lIfl^,e,or M uniGipal Ce this code.

4. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed.

D. Abatement of Nonconforming Uses.
discontinued within the following specified
ordinance.

Legal nonconforming uses s -h -al -1 must be
time limits, from the effective date of said

1. A nonconforming use which does not occupy a structure: five years.

2. The nonconforming use of a conforming structure: 22 years.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure s -h -a -Il --thereafter will be issued for further continuance, aIteration, or expansion. Any permit issued in error shall must not be construed as allowing the continuation of the nonconforming structure or use.

F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this chapter s -dal -1 must be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall must be removed immediately subject to the enforcement provisions of fh his
code and otherRtat-e applicable law.
-72®

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Ivlaroh � �� i
Downtown Bellflower, California is a mile and a quarter stretch of the city in Los Angeles County that struggles to attract people and active businesses to create a lively destination for residents and others in the region. Currently, many service and medical businesses operate in the existing buildings of downtown Bellflower, creating less and less opportunity for a vibrant destination both north and south of the freeway division.

But Bellflower's city leadership, business owners, and citizens see the chance to create a stronger place that brings a diversity of business types and owners into the center of the city and recognizes that small-scale manufacturing businesses can help achieve this outcome, The potential to build on recent successes and continue to bring downtown back to life excites residents and leaders alike.

The current model of downtown is likely to deteriorate over time if nothing happens, If the downtown cannot reposition itself in the region, then success will be slow for the city, downtown will stay sleepy, and investment will continue to be spotty.

The city is likely to lose people who appreciate the downtown, lose people who believe in this community, and lose hope of being more than a cross -through place. www.RecastCity.com

Page 3 of 21 ends

In the Bellflower Boost, the city team worked with Recast City to 1) understand the assets and challenges of the city for small product businesses, 2) identify ways to bring this new business type into storefronts and connect them to property owners, 3) develop a set of actions to support these small businesses and others like them, all to establish Bellflower as a distinct destination for small-scale manufacturing businesses and their fans.

RMISAIRA
A strategy that focuses on small-scale manufacturing will bring energy and new development back to downtown,
Small-scale manufacturing businesses, and space for this business type in a neighborhood, are missing tools to create thriving neighborhood centers and downtowns. This type of business produces tangible goods (for example - hot sauce, handbags, or hardware) with one to fifty employees - a size that fits into the fabric of the neighborhood and storefronts.

These businesses provide a number of benefits to a city and the neighborhood:
• Business ownership is open to anyone with an entrepreneurial spirit and the ability to make something -college and advanced degree not required. • The skill to create comes from every population in the city - allowing us to build an inclusive community of business owners and have more people build wealth for their families.
• Employees at these businesses make, on average, 50-100% more than their service or retail counterparts, allowing more people to move out of poverty and into the middle class,
• The businesses are locally owned, meaning they typically invest their revenue back into the community and hire from within it.
• They are often native to e-commerce which III
that they bring revenue into the
city from the rest of the country (and possibly internationally) from online sales, www.RecastCifiy.com

• They help a city or a neighborhood stand out and remain unique even as a place is built up and changes.

These kinds of businesses will be an essential resource to build up the business presence in downtown, build foot traffic, and brand downtown as a place to be, stroll, and linger with family.
www. RecasfCity.com
-75-

*:S _ _'.l.Ih�ia..��. - ir3.-•y7+-�.c_:Csi�tl�.taA31�?"'3.�- _- .�+�'�+w`.-�,•rGs ..- :^.-_•....._: _•�.r�4.'fn..��-=�•. _ _ =ss��.�-��ff4�tt+.?ir'•:_; -= :1s}Cis'::
�TINIUH for IJUWHLUWII
Bellflower residents, business owners, and elected officials universally envision a downtown that has more energy, more foot traffic, and more thriving businesses. In interviews with community members a number of dominant themes came out in conversation. These include:
• People walking around downtown, stopping in for dinner, music or a comedy sL
ow, lingering to pop into local shops and see something special. • Local shops and programming that cater to the blue-collar community alongside new destinations and activities that bring in young families and Millennials. • A downtown with good paying jobs and people who pop out during lunch to get food and do a little shopping.
• A mix of housing in downtown with unique shops that are specific to Bellflower. • Places for the close-knit community of Bellflower to come together for events. • A community where a diversity of small business owners - especially product businesses -come together to help each other, build the community, and succeed as local businesses.
• New development alongside the older buildings that creates a Bellflower environment that is a mix of modern with the old town feel. • More shops for people to wander -both locals and visitors -that are distinctly Bellfl
ower creations.
• A place where everyone feels like family and feels like they are included in downtown.

This combination of visions all come together in the way the city pursues future development, what businesses occupy downtown's storefronts, the programming hosted downtown, and the diversity of individuals who participate and lead those pieces. www.RecastCity.com
-��--Page6of21 -

We know that creatIng a strong local economy in a thriving downtown tabes a number of different elements. The place needs adequate and affordable space for small businesses, welcoming property owners, appropriately sized commercial spaces for current retail trends, programming to attract customers to the area, and assistance for business owners to stabilize and grow their enterprises.

As a starting point to understand how Bellflower can achieve the vision set out by its residents and business owners, Recast City worked with the team to understand what works and what might be challenging for small businesses and real estate development in Bellflower.
13ell�lower Assets
A number of Bellflower assets came through in the interviews and small group discussions.

People are proud of the community and see many good pieces coming together in the past five years, including:
• The city is mostly blue-collar, family-oriented, and has a growing, youthful energy. People are excited to be true to these roots and grow in a way that respects its history and builds for new families.
• Bellflower is distinct. Itis not the same as its neighbors, and people don't want to try to be the neighbors. People interviewed are excited for Bellflower to be its own place. They celebrate the diversity of the community and business owners, and want to show off the Black, Latino, Dutch and other cultures that make this city special and different from other places.
• Residents and business owners feel like there is significant goodwill and support within the city. This is an amazing asset - it not something you can www.RecastCity.cam
-Page7ofi2� - —77—

recruit or buy for the community - this is a homegrown set of values essential to inclusive success,
• Peopie rave about the great city leadership, Business owners and property owners talked about the city staff as innovative and receptive to new ideas.

People brought up city leadership as the key factor driving change in the downtown over the past five years. A city that is good to its business owners will grow a strong reputation that will attract other entrepreneurs. The city serves an active role to purchase key buildings and sell them to users dedicated to building a strong community in downtown. Keep it going.

Downtown's presence and attraction is growing. A number of people interviewed brought up market information that destinations Iike SteelCraft, new restaurants, and the soon -to -be -open comedy club are bringing people from the region into the city. This is a wonderful quality to grow while also creating space for residents.
• Bellflower's location -mid-way between a lot of other destinations in the region and next to the freeway -came up repeatedly as a.good reason for people to stop is and meet friends "half way" without facing the big traffic of Los Angeles County. This is interesting positioning for the downtown to build a brand about where "people meet up" or where "people come together." Property and business owners noted that they located in the city because of the wonderful community feeling, the support from the city, and their identification of a significant untapped potential of the downtown. People see it on the rise. This is a great opportunity to take hold of and build on.

While these assets are wonderful opportunities for the city and its downtow�.� to build a thriving place with extraordinary local businesses, a number of challenges came up in Lite interviews and small group discussions that are essential to address. Some of these issues may be resolved with small, quick solutions and others will be bigger, long-term projects to
fix. The primary challenges that came up include2
www.RecastCity.com

There is a significant amount of deferred maintenance on the existing tenant spaces and buildings on Bellflower Boulevard. Some property owners are looking to future tenants or a building sale as the solution instead of providing basic upkeep of the building. They are not investing in updates to the facade or in ways to use the interior that are consistent with current commercial use trends. There is some reluctance to change. A number of owners still hope that the retail market of the 1980's will Just magically come back.

Many existing retail spaces may still be large footprint spaces that do not meet the needs of current businesses. These spaces are left over from large furniture stores or other large square footage retail needs. Property owners of these spaces do not know and may not be interested in how to finance or break down these spaces effectively for current retail trends to match their commercial spaces with market need. There are very few smaller commercial spaces in downtown.

Same of the key properties in downtown Bellflower are owned Too distant and
absent landlords who are not interested in new initiatives, filling vacant storefront space, or investing in downtown. This is both a barrier to reuse but also depresses the value of neighboring properties, suppresses their reuse, and potentially reduces the sales tax revenue of neighboring businesses.

The perception of downtown Bellflower is lagging in its reality of reinvention. Some of those interviewed mentioned that many residents rarely come downtown and are not aware of the changes over the past few years. They think that people still think of downtown as apass-through place as opposed to a place to gather and spend time.

The city does not sponsor or host significant small business support programs.

There are opportunities in the broader region, but there is no sustained programming hosted in the city or in downtown for startups or businesses ready to grow and scale. Businesses get one on one support from city staff or SCORE volunteers on specific needs, like finding appropriate commercial space (which is a great way to support them), but the more detailed technical and capital needs go unanswered. Additionally, there is no available programming specific to e- commerceand distribution for product businesses.
www. RecastCity.com
t
9-

• Downtown Bellflower has little available housing and no density in downtown. This is a major barrier to downtown's success. Foot traffic can grow by attracting people into downtown from the community and region, but the fastest way to grow foot traffic and customers is by putting more housing nearby. Additional housing will aIso help bring more energy to the downtown streets and make good use of the future transit station at the north end of downtown. Without housing, the downtown is likely to stall in its reinvention and continue to struggle with vacancies and foot traffic.
• Downtown does not use its public gathering spaces effectively. There are some spaces in downtown for outdoor events, but they are not well-known and they are not easy for local business owners to access to sponsor their own events.

Programming in downtown will be essential to future growth and outdoor space for these events will be essential to success.
e Bellflower Boulevard is wider than itis tall. When the proportions of the space feel right, a place can feel cozy and make you want to linger. For a road fill width of the
Boulevard, the neighboring buildings need to be taller. • Zoning and permitting do not allow artisan manufacturing on Bellflower Boulevard or the surrounding commercial areas, and the Design for Development (DFD) overlay zone south of the freeway makes development challenging. The prohibition of artisan production in downtown limits the smaller scale uses and tenants available to local landlords. These potential tenants can be limited to the same types of noise or odor regulations as any other storefront. tenant and widely expand the
opportunity to bring interesting businesses and uses into town. Additionally, the complexity and highway -oriented design of the DFD overlay zoning south of the freeway does not encourage the type of development that exists along the block of The Exchange nor does it support or allow housing nearby to support this use to create a thriving place.

These assets and challenges are important considerations as we develop plans for the future of downtown Bellflower - both to build on the assets already working for the city and to address the most important challenges to create a thriving downtown for the community.
www.RecastCity.com

By bringing small-scale production businesses into the economic and real estate strategy, Bellflower can create a cool factor to attract new business and entrepreneurs, fill vacant buildings, build an inclusive and diverse community of business owners, increase strong middle-income jobs, and increase
property values. This, in turn, will
increase the resiliency of the local
business community, showcase the
hidden gems of the community, and
make a place that people love.

There are essential elements of success
that are core to this work:
• Clear outcomes
• I
Appropriate land use policy
• Focused mentorship and
business support
• Buy -in from real estate owners and developers
• Effective promotion and branding
• Program to draw the business owners & customers
The community has a clear outcome that came through in the small group discussions and interviews: a downtown that has families and neighbors out on the sidewalk, storefronts filled with unique businesses, programming that brings together the local blue-collar community and the visitors from the region, and a diversity of business owners that shows off the distinctiveness of Bellfl
ower.
www.RecasfiCifiy.com
- Page 11 of 21 - -$1-

Now we need to get the other elements in line for implementation. All of the recommendations below are actions the community can choose to take. Consider both immediate actions that can build the momentum and goodwill alongside the bigger or more difficult actions that might take more time. Every community needs the short-term wins - people can't wait for change. They need the support and opportunity now. �. Appropriate f,and €ise policy
Communities benefit from zoning, land uses, and road design that support downtown, small businesses, and small-scale production. The goal is to create an outcome where small product businesses, with retail and production space in a storefront, can be located alongside mixed-use, retail, and office uses. These new tenants will bring a new business type to properties and create a unique destination for downtown Bellflower. • Downtown Bellflower needs housing density. Momentum will always be stunted and slow until additional housing is built downtown. Housing will be a strong fit for the future transit station and a wonderful way to bring more foot traffic and customers to the downtown stores. The city should consider using the existing parking lots behind the Bellflower Boulevard stores as developable land and partner with a developer on a housing design that replaces needed parking for the storefronts. Apartment buildings that average five to six stories will create a close- knit feel along the Boulevard and help to achieve local housing goals. • Extend street landscaping and improvements south of Flower Ave. The improvements to northern Bellflower Boulevard help create a more welcoming environment for pedestrians and this opportunity should be incrementally extended farther south to create a unified and coherent brand for all of downtown, with the potential to brand different segments as different centers or neighborhoods with complimentary character over time.
• Adopt a vacant property ordinance. Property owners have a right to fill their storefront with the business of their choosing. But when landlords choose to leave storefronts vacant for: extended periods of time, they depress the rest of the property values on that block. Many cities have adopted ordinances that penalize property owners with a fee if they leave their space vacant for extended periods of www.RecastCity.com

time without renovation or construction taking place. Bellflower has a responsibility to the community and other property owners to protect their investment and require landlords to be good stewards of the community. • Consider refining the retail frontage use requirement. Some zoning requires retail uses on key commercial corridors to ensure that service businesses are not moving in and closing up storefronts. The city should review its current requirements to ensure that service businesses on the Boulevard maintain an interactive and transparent frontage with the street, and to encourage more retail in place of service tenants. The city can support retail as the dominant use at the front of each property to help ensure that future tenants will have their doors open and welcoming to customers, thereby helping to drive foot traffic in downtown. • Adopt an artisan land use definition and permit it by�right along Bellflower Boulevard. Amend the city's zoning to include a land use definition for artisan manufacturing so that these businesses can move into existing spaces by -right and not navigate a conditional use permit. Make it as easy as possible for artisan businesses to locate in downtown - including the review process of the permitting and occupancy requirements to make sure it all works for product businesses and their needs. Ensure that shared spaces, such a cowork space for artisans, is permitted in the zoning amendment as well.
• Fix or eliminate the Design for Development [DFD) zoning overlay district south of the freeway. Amazing development and investment are coming to Bellflower south of the freeway. The zoning code should reflect the opportunity to add to these investments in a way that creates a mini -main street that is unique to that part of downtown. Change the zoning to include mixed use housing, and an incentive or requirement to build at the front lot line (not suburban setbacks).

These changes can help to create a place that matches the small main street feel of the Bellflower Boulevard block between Artesia and Ramona. • Amend licensing and permitting to make it easier to do the great stuff.

The city
should review its permitting process for live music and its alcohol licensing to allow local business owners to more easily create the mix of activities that help storefronts thrive. Experiential retail (a storefront that is much more than a storefront) was the major trend before the pandemic, and this will quickly return. www.RecastCity.com
3-

Places that make the mix of activities -- from retail, to small-scale production, to small events with music or drinks - will be more successful.

2. Focused Mentorsh'KF and Business Support
Small businesses thrive and grow when they have the right support. Lessons from the tech sector show that business owners are more likely to succeed when they have the right training and access to mentors who can guide them through both growth opportunities and challenging times. Bellflower has the opportunity to bring this kind of support to existing and new small businesses, with a specific focus on support for small-scale manufacturing businesses to help them grow on the Boulevard.
• Launch a business development cohort program for existing product businesses. This program can be geared toward home-based businesses and those already in bricks &mortar space to help them expand their distribution, build their revenues, and create more stable business opportunities in the future. This program can be modelled on the program from 3; Oaks Universit=y or other scaling programs like Million Dollar Women.
• Create a startup program for local small businesses, Offer a broader stariup training program for residents, and others in the region, who are interested in starting a business. This can include both product businesses and service businesses, or it can focus primarily on the producers. This kind of program helps more people understand how to create a product -market fit, price their goods correctly from the start, and set up their baseline systems effectively for a small business. The program can be modelled on the curriculum from CO.STARTERS or MORTAR. The most effective program should be created with target audiences in mind, and with their involvement, to make sure the program meets their needs. • Establish a city commitment to spend local. Each city procures products throughout the year -everything from paper towels to food for events to chairs for the office. Local governments and other anchor institutions can commit to procure a lniniinum percent of their needs from local or regional businesses. This is an incredibly effective way to use local dollars as an investment and anchor purchases from local businesses.
www.RecasfiCifiy.com

• Create the cool business owner meet -up. A growing number of local business owners are drawn to the Boulevard. They are the energy that will attract other entrepreneurs to the city and encourage more people to open up storefronts in the city. Work with this crew of owners to start an informal meet -up (monthly?) at each of their locations of business to help them connect, share lessons learned, and identify Local business needs from the city. The Knoxville Mayor's Maker Council is a formalized version of this, but Bellflower can probably start with something l�iore informal.
• Consider opportunities for more people, The city could partner with local non- profits to create training programs and entrepreneurship programs for people who are unemployed, under -employed, or returning citizens who struggle to find employment. The Refoundry in Brooklyn teaches returning citizens to create artisan products in wood and metal and sells their products at BrooklyF, n Flea in a shared revenue model, They also teach participants to become their own business owner - helpingpeople create family wealth where there was no opportunity before. The Etsy Craft Entrepreneurship carr-iculum focuses onunder-represented creative entrepreneurs to help them launch their products online, Each program is a great step to helping more people build their family wealth and break out of cycles of poverty.
�. BuyWin front Real Estate Dwners �Z. Developers
Downtown will need the buy -in from existing property owners and new developers to be able to create the vision of the thriving place, full of foot traffic and exciting local businesses. The way the real estate is used, the energy put into it, and the vision of what is possible in these spaces will all be impacted by the commitment of the property owners.

There a number of ways the city can lead and partner with property owners to make this happen.
• Create real estate ownership opportunities for strong local businesses. Laval ownership of the storefronts is a great �vay to ensure that as the city grows and prospers, so do local residents. The.ciiy can work with select business owners to become property owners now so that they can benefit from future downtown www. RecastCiiy.com
- Page 15 of 21 - -85-

investments and secure the cost of their space for the long-term. Revolving loan funds, CDFIs, and,local banks may be great partners for this. The Pittsburgh program is a model worth considering as well.
• Continued city ownership of keyparcels. The city's actions to purchase key proFerties and hold them for a future owner ready to invest in downtown is a fantastic way to direct investment in downtown. The city should continue to serve is this role with target properties. The city should also consider partnering with local or regional operators to create shared spaces that the city owns or leases for the long-term. This may include micro -retail spaces, a Bellflower Made shop, shared production space for startup product businesses, or a commercial shared kitchen with a storefront commissary. Spaces like La Cocina in San Francisco and MADE by Millworks in Long Beach are great examples of what might help local product businesses grow.
• Support additional development south the freeway. The opportunity to add business space near the new investments south of the fr eeway is an exciting
opportunity. This might be a case of offering an incentive to a property owner or developer, or buying a property short-term, to create a complimentary use that will add to the energy on the block south of Artesia. A makers' market - like a food hall, but for products - that is focused on Latino businesses - could be a great compliment to the new food production space at The Exchange and the food hall at The Orchard at Belle Fleur Centre. Also, allowing housing in and around that block can help create a thriving destination where people can live, work and play, potentially with a complimentary brand to the northern end of the Boulevard. "SoBo" - South Boulevard - could be distinct and branded as such. Consider shared space models such as those in Atlanta and Dallas
for this area.
• Encourage rear facing micro -retail spaces along the surface lots at the northern end of the Boulevard. Most retail spaces are too big for current users. The city could offer a financing incentive (zero percent loan for 10 years with a commitment to low-cost space for producers during that lime) for existing property owners to subdivide their retail space and create a unique set ofmicro-shops VV be perfect for small-scale producers - with a focus on consumer products that could grow into full storefronts. The spaces at the Art Walk at Monroe Street Market and www.RecastCity.com

Press Bay Alley are both great models for this work. Longer-term, these micro -units could potentially face new residential development that is built in the rear lots. • Invesi in more murals. ins Lagrammable moments are still king, Create spaces and destinations that look as cool as they feel. Commission more murals in downtown in the locations to which you want to draw people. Invite alley facing micro -units to paint their exteriors in unique and funky designs. Invite residents and visitors to find all the unusual art and use this as a way to draw people trirough the downtown. • Greate a popup shop program, Many startup producers are looking for low-cost ways to build out their brand and attract customers both onsite and online, Popup shop programs can help bring visibility to these businesses, showcase community support for them, and attract new tenants to vacant spaces along the Boulevard.

Popup shops are also a great opportunity to fill storefront space in transition - somethR
ng slated for redevelopment in a few years but needs to be filled now to build up a brand and foot traffic. Popup programs can be single spaces - the city can announce competition for one storefront to be used by a rotating list of local producers for a limited time each - or it can be a combination of spaces in a - coordinated brand and promotional period. The St'artTJp31 7 model from
Indianapolis and Pop -Up Connect in Los Angeles may serve as good examples. �4. Effective Promotion �z branding
Creating a great place is wonderful, but people also need to know about it. People who live in the community, but don't frequent downtown yet, and people in the broader region all need to know about what is going on in Downtown Bellflower. The intent is to make the city stand out for the vision we established at the start - amix of blue-collar, very real,
kinds of places, alongside events and businesses that also draw young families from the region. The city can lead this effort to promote downto-rvvn, but also partner with key entities to expand that reach to more people.
• Create a social media partnership with local busyness owners. The city can bring in a consultant to create content specific to downtown businesses, offer trainings to them to refine their own social media outreach, and promote this new content through the city's platforms too. This can also include partnering with local www.RecasfiCity.com
- Page 17 of 21 - -87�

influencers who have significant followings online and working with them to promote local businesses and events. "Bellflower Distinct" could serve as an umbrella brand for the business promotion and could be expanded in the future to "Bellflower Made" and "Bellflower Live" [the later working for both live events and foL new housing!).
• Launch a website for local product businesses. This site can be modelled on Kjzoxville's Maker Civ D'ir ector V or Columbia, MO's cre8co��.o.coi��. site and can include all product businesses in the city. The same site can be used to recruit and sign-up vendors from the region for local events. This can help to promote these businesses to the community and serve as a main branding point for this sector to the region. The city can also offer procurement incentives to the businesses listed on the site.
• Promote city support of local businesses. The City of Bellflower does a lot for its local businesses. Owners were profusive about how much individual support they received from city staff. They felt taken care of and appreciated. This should not be a best -kept secret, The city should work with journalists or regional blogs to get this story out or create its own content on the city website to showcase how it works in partnership with business owners who move into downtown.

5. Program to Draw the Business Owners &. Customers
Events that bring people together are one of the essential ways to both promote downtown to people and to help people feel tied to the community. Programming helps people show off their community and feel proud of it. Tying small-scale manufacturing businesses - both established ones and newer vendors helps create events that are unique to the city and creates low-risk ways for businesses to test products and grow. Bellflower should consider a number of programming opportunities to compliment the other work taking place. • Use existing open spaces for programming and events. The plaza performance space and surface parking lots behind the stores at the north end of the Boulevard are all places for events. The city can invite local and regional product vendors to participate in events - big and small - as a way to both promote these businesses to event attendees but also to promote the city to these vendors. Regularly scheduled www.RecastCity.com
-Page 18 of 21 -

events for young adults, families, and long-term residents will also help re -introduce downtown to people who may:not have visited in some time and help to build foot traffic for the businesses already in downtown storefronts. This can also include First -Fridays with regular music events for families that have maker activities for kids alongside artisan vendors. With Bellflower's wonderful weather, year-round kiosks on Laurel Street could turn the one-way access point into a major attraction for the city and startup producers. The kiosk program in Muskegon, MI is one model to consider.
• Move the farmer's market into downtown. This wonderful community event should be held in downtown as a way to promote downtown businesses, build awareness, and grow foot traffic. The city should also work with the farmer's market to add a weekly or monthly makers or artisan market to the food selection and begin to build a pipeline of product businesses growing in Bellflower. The vendors selected should reflect the amazing demographic diversity of the city as well. • Work with popular destinations, like SteelCraft, to partner on vendor popup events. The city can continue to build its database of small producers and work with existing local businesses like SteelCraft and StormyWeather Designs to create popup events with product vendors that complement their growing brands. • Ensure outdoor dining and programming are easy to do. The city should review temporary use permitting and the business recovery program rules to ensure that local businesses can easily host events and dining in parking lots, on sidewalks, and in other public properties.
www. RecasfiCifiy.com
- Page 19 of 21 - —8 9-

'� _- .---w...�,�-.vt-�...

NC'Xt Stt'pS
The City of Bellflower is primed to create a special downtown that reflects its great and growing diversity of the community in a way that is unique to the city. The opportunity is right now — once the transit station comes in, many options for these businesses will be more limited. The city clearly welcomes businesses with open arms. Now is the time to purposefully lead toward an inclusive vision with young families, long-term residents, and visitors from the region all charmed by downtown Bellflower. With a comprehensive effort across these five areas of action, the city can create a great place that families will call home for generations and where local product businesses will thrive. www. RecastCity.com

RECAST CU r
Recast City Is a national consulting firm that works with real estate developers, city, county and other civic leaders, and business owners to integrate manufacturing space for small- scale producers into redevelopment projects. We build the startup community for small manufacturers and makers in the city - across industries of textiles, electronics, wood, metal and other materials.

Recast City brings together small-scale manufacturers and community developers to strengthen our neighborhoods, build value in our real estate, and create more job opportunities for residents.

We help landowners, developers, and city leaders understand this growing business sector and how to incorporate it into real estate products. We help maker industry entrepreneurs and small manufacturing business owners get the support and exposure they need. And we help communities create more good paying jobs for our local residents. www.Rec� stCity.com

Page 1 of 2 ends

11-C
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Assistant to the City Manager
DATE: June 27, 2022

SUBJECT: Consideration and possible action to conduct a public hearing to consider issuing one Cannabis Business Permit (“CBP”) for a distribution use at 8832 Ramona Street; and consider adopting Resolution No. 22-31 – A Resolution approving a Cannabis Business Permit to operate a cannabis distribution facility at 8832 Ramona Street; Applicant: Berenice Cristerna (Representing Dynasty Alliance Grow, Inc.).

EXECUTIVE SUMMARY
On March 21, 2022, City staff received one application for a Cannabis Business Permit (“CBP”) for a distribution use from Dynasty Alliance Grow, Inc., a current CBP permittee.

City staff and consultants reviewed the application to determine whether it complied with the requirements of Resolution No. 21-07, adopted on January 11, 2021, for additional CBPs.

Based upon the information available in the application and supplemental information provided by the applicant during the application review process, the application appears complete.

The Bellflower Municipal Code (“BMC”) requires that the City Council conduct a public hearing for applications to determine whether to issue CBPs.

RECOMMENDATION TO CITY COUNCIL

It is recommended that the City Council consider the following:
1) Open a public hearing and consider one distribution CBP; 2) After receiving testimonial and documentary evidence from the Applicant, close the public hearing and determine whether to issue the CBP to the Applicant by adopting Resolution No. 22-31; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
Cannabis permittees are required to pay the cannabis business tax (currently 1% of gross receipts for distribution), business license tax, and a $28,024 annual permit administration fee (in 2022). Additionally, permittees are required to provide $5,000 toward an education fund identified by the City Council, per each CBP that a permittee holds. The prorated annual permit administration and drug contribution fees for Dynasty Alliance Grow, Inc.’s distribution application are $14,434 and $2,575, respectively.

-1-

Staff Report - Cannabis Business Permit for Distribution – Dynasty Alliance Grow, Inc.

June 27, 2022

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PUBLIC NOTICE

A Notice of Public Hearing was published in the Herald American (Bellflower Edition) newspaper on June 16, 2022. Public hearing notices were sent on June 14, 2022 to 75 property owners within a 300’ radius of the project area and on June 16, 2022 posted at Clifton M. Brakensiek Library, City Hall, Bellflower Substation, Thompson Park, Simms Park, and Caruthers Park. Public hearing notice was also posted on the subject site on June 17, 2022.

ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (Public Resources Code § 21000, et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) the City determined that the applications for the CBPs consist of applications to operate businesses in existing commercial and industrial buildings that meet the definition for classes of projects exempt from additional environmental review under CEQA Guidelines § 15301 (Existing Facilities) and § 15302 (Replacement or Reconstruction).

APPLICATIONS
There is no established application deadline for additional distribution CBPs for Applicants who hold current manufacturing or cultivation CBP permittees per Resolution No. 21-07. Dynasty Alliance Grow, Inc. currently holds a cultivation CBP.

Dynasty Alliance Grow, Inc. (formerly BB&Y Logistics, LLC) – CU - CAN 17-23(A) On March 21, 2022, the Applicant submitted an application and partial application review fee payment seeking a distribution CBP at 8832 Ramona Street. The application review fee balance was paid the following day on March 22, 2022. The subject property is entitled with a cannabis-related CUP; additionally, the Applicant holds a CBP for a cultivation use (Resolution No. 17-88).

The Applicant’s application includes the original traffic and parking study from 2019 that shows there would be sufficient parking for the site and a business and operations plan that shows how it would integrate the distribution use into its current business plans. Staff determined that no additional traffic or parking analysis is required since the applicant indicated only one van will be moving product, which would not add an additional 36 AM or PM peak hour trips, and the parking provided already complies with the BMC. The application also includes a neighborhood safety plan, a community benefits plan and an environmental impact mitigation plan. The Applicant is applying for the additional distribution use to increase its ability to distribute its own cannabis product in Bellflower. The applicant indicated the distribution component would consist of moving the cannabis products between its cultivation site to another cannabis retailer, manufacturer, or distributor. The applicant indicated there will be no new construction with this project. It will utilize 458 square feet of existing office space for the distribution component.

The Applicant expects to open the distribution use in July or August 2022 (depending on when it receives its State Distribution License) and estimates its annual distribution gross revenues to be $1,189,171 for its first three years of being operational . Its purpose in obtaining a 2022 distribution CBP is to help facilitate its application for a State Distribution License with the Department of Cannabis Control. -2-

Staff Report - Cannabis Business Permit for Distribution – Dynasty Alliance Grow, Inc.

June 27, 2022

Page 3 of 3 ends

APPLICATION REVIEW
The application was reviewed by City staff and consultants retained by the City to assist with the processing and review of these applications to determine if proposed cannabis-related businesses met the standards established in the Cannabis Regulations.

Note that issuing a CBP is completely discretionary (see BMC § 14.08.045; Resolution No. 19-16); nothing requires the City Council to issue a CBP and nothing guarantees that any particular applicant will receive a CBP.

ATTACHMENTS
Resolution No. 22-31………………………………………………………………………………4 Distribution CBP Application – Dynasty Alliance Grow, Inc. ………………..…………..……17 -3-

Page 1 of 5 ends

CITY OF BELLFLOWER

RESOLUTION NO. 22-31

A RESOLUTION APPROVING A CANNABIS BUSINESS PERMIT TO
OPERATE A CANNABIS DISTRIBUTION FACILITY AT 8832 RAMONA STREET; APPLICANT: BERENICE CRISTERNA (REPRESENTING DYNASTY ALLIANCE GROW, INC.)

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The City Council finds and declares as follows:

A. On March 21, 2022, Berenice Cristerna, representing Dynasty Alliance Grow, Inc. (the “Applicant”) filed an application seeking approval for a CBP to operate a Cannabis Distribution Facility at 8832 Ramona Street (the “Project”). The applicant currently holds one CBP to operate a Cannabis Cultivation Facility at this location.

B. The application was reviewed by the City for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code (“BMC”) including, without limitation, BMC Title 14, BMC Chapter 17.94 and Resolution 19-16 (adopted February 25, 2019) (collectively, the “Cannabis Regulations”).

C. Notice of a Public Hearing before the City Council was given and published in the time, form, and manner as required by law.

D. Environmental review was conducted of the Project in compliance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines.

E. On June 27, 2022, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by the Applicant.

F. The City Council considered the information provided by City staff, public testimony, and the Applicant. This Resolution, and its findings, are made based upon the application submitted to the City and reviewed by City staff and consultants.

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City of Bellflower
Resolution No. 22-31

Page 2 of 5 ends

SECTION 2. Factual Findings and Conclusions. The City Council finds as follows:

A. The Applicant seeks to establish and operate a Cannabis distribution facility at 8832 Ramona Street (the “Property”).

B. The Property is entitled with a cannabis related CUP (CU-CAN 17-23). The Applicant currently possesses a valid CBPs for a Cannabis cultivation use at the Property.

C. The Property is approximately 23,868 square feet in area and contains an existing Cannabis Cultivation Facility. The site also contains a commercial truck repair business.

D. The Applicant submitted a complete application including the following required components: Business Plan; Operations Plan; Fire Prevention and Suppression Plan; Security Plan; Traffic and Parking Study; Site, Floor, and Elevation Plans; and Photographs of the proposed site.

E. A Traffic and Parking Study was previously prepared for the Project. Total parking for all uses on site would require 28 spaces, and 30 spaces are provided.

F. The Applicant proposes to convert existing space within the cultivation building to accommodate the proposed distribution Project.

SECTION 3. Environmental Review. Based on the facts identified in Section 2 of this Resolution, review was conducted in accordance with CEQA Guidelines § 15061 and it was determined that the Project is included in the classes of projects exempt from additional environmental review under CEQA Guidelines § 15301 (Existing Facilities) and § 15302 (Replacement or Reconstruction).

SECTION 4. Notice of Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with CEQA Guidelines § 15062 and any other applicable law.

SECTION 5. Cannabis Business Permit Findings. In accordance with the Cannabis Regulations, the City Council finds the following:

A. Has there been an adequate period of performance by the applicant demonstrating experience for operating a cannabis-related business?

Yes. The Applicant has owned and operated a cannabis business in the City of Bellflower. The Applicant has been involved as an owner and operator of the cannabis business in Bellflower since 2017.
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City of Bellflower
Resolution No. 22-31

Page 3 of 5 ends

B. Does the applicant have sufficient key personnel to operate a cannabis-related business to demonstrate effective managerial capacity and control of operations?

Yes. The Applicant has demonstrated the capacity to effectively manage and control the operations of the proposed distribution facility.

C. Does the applicant have other cannabis-related businesses inside or outside the City's jurisdiction that demonstrate the applicant's competency in operating such businesses?

Yes. The Applicant has one CBP for cultivation at the Property.

D. Does the applicant have a reasonable and practical business plan for operating a cannabis-related business within the City's jurisdiction?

Yes. A business plan was submitted with the application that includes a budget for operation of the proposed business, a pro forma for three years of operation demonstrating the business will be viable and operated in a manner that avoid the creation of any nuisance that will impact neighboring uses.

E. Notwithstanding the BMC's minimum requirements as to permissible locations, is the cannabis facility proposed by the applicant in a location acceptable to the City Council; aesthetically pleasing; and adequate in size?

Yes. The distribution facility is proposed on a site currently occupied by a cannabis cultivation use and an industrial use located in an area containing a mix of industrial, commercial, and residential uses. The site contains an existing multi-tenant industrial building occupied by a cannabis cultivation use and a truck repair and maintenance business. The Property is approximately 23,868 square feet in size and contains an existing building. A portion of an existing office is the proposed location for the distribution component of the cannabis business.

SECTION 6. Cannabis Business Permit Distribution Findings. In accordance with the Cannabis Regulations, the City Council finds the following:

A. The applicant currently possesses a validly issued CBP for manufacturing or cultivation;

Yes. Resolution No. 17-88 (adopted December 18, 2017) is a CBP for cannabis cultivation at 8832 Ramona Street.

B. The applicant is proposing a location for cannabis distribution for which the City Council previously approved a CUP; and
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City of Bellflower
Resolution No. 22-31

Page 4 of 5 ends

Yes. Resolution No. 17-88 (adopted December 18, 2017) granted CU-CAN 17- 23 for a cannabis related CUP.

C. The applicant will comply with all requirements of the Cannabis Regulations.

The applicant is required to comply with all requirements of the cannabis regulations and the Conditions of Approval as provided in attached Exhibit “A,” which is incorporated by reference.

SECTION 7. Approval. Based on the foregoing, the City Council approves Cannabis Business Permit Case No. CU-CAN 17-23(A), subject to the conditions of approval listed in attached Exhibit “A,” which is incorporated by reference.

SECTION 8. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 9. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and iss ues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 10. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.

SECTION 11. Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 12. This Resolution will remain effective until superseded by a subsequent resolution.

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City of Bellflower
Resolution No. 22-31

Page 5 of 5 ends

SECTION 13. This Resolution is the City Council’s final decision and will become effective immediately upon adoption. Any challenge brought to this Resolution must be filed within 90 days pursuant to Code of Civil Procedure § 1094.6.

SECTION 14. The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.

SECTION 15. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 16. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 27th DAY OF JUNE 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

Attachment:

Exhibit A – Conditions of Approval

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Page 1 of 8 ends

RESOLUTION NO. 22-31 - “EXHIBIT A”

CONDITIONS OF APPROVAL FOR CANNABIS BUSINESS
PERMIT NO. CU-CAN 17-23 (A)
In addition to all applicable provisions of California law and the Bellflower Municipal Code (“BMC”), Dynasty Alliance Grow, Inc./Berenice Cristerna (the “Applicant”), agrees that it will comply with the following conditions for the City of Bellflower’s approval of a Cannabis Business Permit (“CBP”).

Law Enforcement
I. Definitions
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Conditions of Approval ("SCOA"). Words and phrases undefined in this SCOA have the same meaning as set forth in BMC Chapter 14.04.
"Batch" means a specific quantity of cannabis or cannabis product that is intended to have uniform character and quality, within specified limits, and is produced according to a single manufacturing order during the same cycle of manufacture.
"Manager" means an individual who is an employee of a cannabis business and who, directly or indirectly, is engaged in the management of the cannabis business as set forth in an approved Operations Plan.
"On-Site Designated Representative" means a Manager who is designated by the cannabis business to be present, and who is present, at all times during the cannabis business's hours of operation.
"Owner" means any individual member of a Cannabis business having more than a ten percent (10%) interest, legal or equitable, or otherwise, in the Cannabis business. "Security Personnel" means any person(s) who perform(s) security related tasks on behalf of the Cannabis business.

II. General Conditions

1. The cannabis business must be developed and/or used in the manner requested and must be in substantial conformity with the plans as approved by the City’s Building official, unless revisions and/or additional conditions are specifically required herein.

2. The Applicant and its successors in interest must indemnify, protect, defend (with legal counsel reasonable acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively "Claims") arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project or the environmental review conducted under the California Environmental Quality Act, Public Resources Code§ 21000, et seq., for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney's fees, must be paid for by the Applicant.

3. The Applicant must reimburse the City for all attorney’s fees expended by the City that are directly related to the processing of this project. The City will not issue a CBP until all attorneys' fees are paid by the Applicant.
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City of Bellflower
Resolution No. 22-31 – Exhibit A

Page 2 of 8 ends

4. The Applicant must submit to the City Manager, or designee, a signed copy of these conditions of approval acknowledging acceptance, and compliance with the conditions herein within 30 days from the date of approval by the City Council. The conditions of approval must be signed, notarized and returned to the City Manager, or designee, before any plan check submittal or construction permit application or implementation of the requested entitlement.

5. This decision is not effective until Applicant acknowledges acceptance of all conditions and any administrative appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal. By use of the entitlements granted by a development application, the Applicant acknowledges agreement with conditions of approval.

6. Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this section, is not approved. Any application and/or plans which are defective as to, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, will render any entitlements null and void.

Ill. Security

7. Cannabis businesses must be equipped with, and at all times be monitored by, a web-based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the Cannabis business. The system must be fully functional before processing, cultivating or dispensing of cannabis. The recordings of the monitoring must be maintained for a period of not less than 90 days and must be made available and accessible to the Police Chief and any other City official charged with enforcing the provisions of the BMC immediately upon request for review and copying, without the need for a search warrant, subpoena or court order. The cannabis business must also provide the Police Chief with the URL address of any on-site web-based video surveillance to monitor remotely at any time without a warrant, subpoena or court order.

8. The cannabis business must have a centrally monitored fire and burglar alarm system. This system must be fully functional at all times and before processing, cultivating or dispensing of cannabis at the cannabis business. At a minimum, this alarm must cover the perimeter of the cannabis business and must focus on those areas where cannabis is grown, produced, harvested, stored, packaged or dispensed. A professional alarm company must monitor this alarm at all times.

9. The cannabis business must contain a fireproof safe or a fireproof storage system and all records must be stored in that safe or system.

10. Crime Prevention Through Environmental Design (CPTED). Exterior lighting on the cannabis business and parking area lighting for the cannabis business must be balanced; cannot result in glare on adjoining properties; must complement the security systems required above to ensure that all areas of the cannabis business are visible; and must provide increased lighting at all entrances to the cannabis business. The lighting required in this subsection must be turned on from dusk to dawn.

11.Cannabis must be stored in buildings that are completely enclosed, and in a locked vault or safe, or other secured storage structure, which is bolted to the floor, or structure of the cannabis business.

12.Windows and roof hatches of the cannabis business must be secured from the inside with bars so as to prevent unauthorized entry, and must be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable Building Code provisions.
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City of Bellflower
Resolution No. 22-31 – Exhibit A

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Bellflower City CouncilJune 27, 2022

Bellflower City Council
June 27, 2022