invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION
AND
ADOPTED BY
THE CI?`Y COUNCIL OF THE CITY
16. 22ND
Electronic Sigoatures. This Resolution
may be executed with
electronic signatures
in accordance with Government Cede
§16.5. Such
electronic
signatures will be treated in all respects as having the same effect as an original
signature.
SECTION 17. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.
SECTION 1&. The City Clerk is directed to mail a copy of this Resolution to any other person requesting a copy.
SECTION 19. The Mayor, or presiding officer, is hereby authorized to a'r�ix his signature to this Resolution signifying its adoption by the City Council of the City of Eellflovrer, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
PASSED, APPROVED,
AND
ADOPTED BY
THE CI?`Y COUNCIL OF THE CITY
OF BELLFLOWER ON THIS
22ND
DAY OF JUNE
2020.
ATTEST:
Attorney
Juan za,Maycr
Exhibit A ='C'' n �✓tions of Approval
Exhibit E — P�t!gated Negative Declaration No. MND 20-01 -128-
DocuSign Envelope ID: F60E51DF-OBB3-476F-B01E-2C14461752A9
EXHIBIT A
RESOLUTION NO. 20-29 — CONDITIONS OF APPROVAL FOR
TOD PROJECT REVIEW CASE NO. TODPR 1-20-10630
CONDITIONAL USE PERMIT CASE NO. CU 20-02
ADMINISTRATIVE CONDITIONAL USE PERMIT CASE NO, ACU 20-01 VESTING TENTATIVE MAP NO. VTM 82987
In addition to all applicable provisions of the Bellflower Municipal Code ("BMC") including, without limitation, Chapters 17.96 (Conditional Use Permits); 16.12 (Vesting Tentative Maps); and the Downtown Bellflower Transit Oriented Development Specific Plan ("TOD SP"), 16411 Bellflower, LLC (the "Applicant"), agrees that it will comply with the following provisions as conditions for the City of Bellflower's approval of Transit Oriented Development Project Review Case No, TODPR 1-20-10630; Conditional Use Permit Case No. CU 20-02; Administrative Conditional Use Permit Case No. ACU 20-01; and Vesting Tentative Map No, VTM 82987 ("Project Conditions").
Unless the contrary is stated or clearlyappears from the context, the construction of words and phrases used in the Conditions of Approval use the definitions set forth in the BMC.
A. Standard Conditions of Approval
1. The project site must be developed and/or used in the manner requested and must be in substantial conformity with the submitted plans date-stamped May 18, 2020, unless revisions and/or additional conditions are specifically required herein.
2. This approval runs with the land. All rights and obligations of this approval, including the responsibility to comply with the Conditions of Approval, are binding upon Applicant's successors in interest. The Conditions of Approval may be modified, terminated, or abandoned in accordance with applicable law including, without limitation, the BMC.
3. Any proposed deviations from the Exhibits, Project Description or Conditions of Approval must be submitted to the City Council for review and approval. Any unapproved deviations from the project approval constitute a violation of the permit approval.
4. When exhibits and/or written Conditions of Approval are in conflict, the written Conditions of Approval prevail.
5. The effectiveness of this Project will be suspended for the time period that any Condition of Approval is appealed whether administratively or as part of a legal action filed in a court of competent jurisdiction. If any Condition of Approval is invalidated by a court of law, the Project must be reviewed by the City and substitute conditions may be imposed.
6. The Applicant/owner of the future establishments must comply with all applicable law. The Applicant must obtain and maintain a valid Alcoholic Beverage Control (ABC) license. All conditions of the ABC license must be maintained at all times and failure to do so will be grounds for revocation.
-129-
DocuSign Envelope ID: F60E51DF-OBB3-476F-B01E-2C14461752A9 City of Bellflower
Resolution No. 20=29 - Exhibit A
7, The Applicant/Developer must sign this Conditions of Approval, as set forth below, to acknowledge acceptance, within 30 days from the date of approval by the City Council,
8. The City will only issue permits for development when the construction documents (e.g., building plans) substantially comply with the approved plans.
The size, shape arrangement, use and location of buildings, walkways, parking areas, drainage facilities, and landscaped areas must be developed in substantial conformity with the approved plans. Substantial conformity may be determined by the Director.
9. This decision is not effective until Applicant acknowledges acceptance of all Conditions of Approval and any 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 the Conditions of Approval.
10.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, but not limited to, omission, dimensions, scale, use, colors, materials, encroachments, easements, etc., will render any entitlements granted by this section null and void. Construction must cease until all requirements of this section are complied with. Development entitlements may be withheld until violations of the TODSP/BMC are abated.
11. The Applicant must provide a sheet on the construction plans with the City of Bellflower signed resolution stating the Conditions of Approval, as adopted by the City Council. This information must be incorporated into the plans before the City issues a building permit.
12. The Applicant must comply with the Conditions of Approval before the City issues a Certificate of Occupancy.
B. Planning
13. Before the City issues building permits, the Applicant must provide a photometric plan for Director approval. The photometric plan must prevent the spill of light onto adjacent lots.
14.The Applicant must comply with the Climate Action Plan (CAP). Before the City issues a construction permit, the Applicant must provide an itemized list, with supporting documents and plans, clearly identifying which climate -ready development standards are being integrated into the project.
15. The Permittee must comply with all applicable mitigation measures adopted as part of the Mitigated Negative Declaration for the Project approval and are incorporated into these conditions of approval by reference.
16.A Mitigated Negative Declaration was prepared for the proposed project. If the Department of Fish and Wildlife determines that the project has effect on the environment, the Applicant is responsible for payment of the filing fee (Fish & G. Code, § 711.4), which is due at the time a Notice of Determination is filed with the county clerk's office.
-130-
DocuSign Envelope ID: F60E51DF-OBB3-476F-B01E-2C14461752A9 City of Bellflower
Resolution No. 2049 - Exhibit A
17.To ensure all common areas (e.g., driveway, hardscape, landscape) are properly maintained, a Homeowners' Association (HOA) and Covenants, Conditions and Restrictions (CC&R's) are required for the proposed Project.
The developer(s) must hire a management company for the HOA. During sales of the units, the sales managers must sit on the HOA board. The developer(s) can remove themselves from the HOA board only when 1) a new HOA board is selected from the new home owners; 2) the new home owners are trained on how to run the HOA; and 3) the units are fully occupied. The documents related to the HOA and CC&R's must be reviewed and approved by the City Attorney before the City Council approves a Final Map. In addition, the Applicant/Property Owners) must pay for all attorneys' fees associated with the review of the document.
18.The CC&R's for the Project must be recorded before the City issues a Certificate of Occupancy'.
19. The final approved floor plan for the residential units must be incorporated into CC&R's.
20.The Applicant/Property Owner(s) must obtain neighbor's consent and approval in writing before conducting any work (e.g., demolition and construction) of buildings, walls on, partially or entirely located on any of the adjacent properties. If any construction requires encroachment onto adjacent properties, a Right -of -Entry letter signed and dated by the affected property owner must be submitted to the City Building and Safety Division before the issuance of building permits.
21. Postal delivery receptacles must be located behind the sidewalk and installed in a manner approved by the United States Post Office.
22.Wheel stops or curbs must be provided at all exterior guest parking spaces.
23.The Applicant/Property Owner must provide, and continuously maintain, lighting within the common areas. This condition must be included within the provisions of the CC&R's.
24.AII required landscaped areas and irrigation systems must be continuously maintained for the life of the Project. This condition must be included within the provisions of the CC&R's.
25. The Applicant must submit a Master Sign Program ("MSP") to the Director. The MSP must identify the location of all permissible signs (e.g., wall signs, window signs, address signs, parking signs) proposed within the site. The MSP must describe, without limitation, the permissible design, height, materials, colors, sign type, styles, illumination method and maintenance of all signs. The Director will review and render a decision on the MSP and all sign permit requests.
23.The landscape and irrigation plans must comply with California's Model Water Efficient Landscape Ordinance (MWELO) and the BMG.
-131-
DocuSign Envelope 1D: F6OE51DF-OBB3476F-BO1E-2C14461752A9 City of Bellflower
Resolution No. 20-29 - Exhibit A
27./All building elevations must include address sign locations for the units and the building. Building addresses must be lighted. Building signs must be visible and must be at an appropriate location for service vehicles to see.
28. Parking lot lighting must be provided for all open parking spaces. Any light poles/fixtures must be decorative with a decorative base.
29.The Applicant, its employees and representatives must fully cooperate with lawful directions of public officials, including law enforcement. Applicant must grant free access to the business, including access to any locked or otherwise secured rooms, to public officials exercising their lawful duties.
30. Noise from all construction equipment must be appropriate mitigated to reduce noise levels and meet BMC requirements. Equipment staging areas cannot be sited on public streets, public alleys, public parking areas or the public right-of- way without an encroachment permit.
Alcohol Sales
1, The Applicant/owner of the establishment must submit to the Director a copy of the approved alcohol license issued by California State Department of Alcoholic Beverage Control, including the date of issuance, promptly after approval of the license.
32. Alcoholic beverages must be served in containers that are distinguishable from containers used for non-alcoholic beverages.
33. The sale of alcoholic beverages for consumption outside or off the premises is prohibited. Signs must be posted at all entrances and exits of the premises indicating that the sale of alcoholic beverages for consumption outside or off the premises is prohibited.
34.There cannot be any exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to public view from the exterior constitute a violation of this condition.
35.A11 employees serving alcoholic beverages to patrons must enroll In and complete a certified training program approved by the ABC for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis.
36.Any and all employees hired to sell alcoholic beverages must provide evidence that they have either:
a. Completed training from the ABC, Long Beach/Lakewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC -issued certificate; or
-132-
DocuSign Envelope ID: FBOE51DF-OBB3476F-B01E-2C14461752A9 City of Bellflower
Resolution No. 20-29 - Exhibit A
Completed an accepted equivalent by the ABC, Long Beach/Lakewood District Office to ensure proper distribution of beer, and wine to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then the ABC -licensed proprietors must have confirmed with the Director within 15 days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course.
37. Within 30 days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the City and to the Los Angeles County Sheriffs Department Lakewood Substation.
38.If complaints are received regarding excessive noise, lighting, building access, or other disturbances associated with alcohol service, the City may, in its discretion, take action to review the Conditional Use Permit, including without limitation, adding conditions or revoking the permit.
C. Buildin
39. If the project is submitted for initial plan review on or before December 31, 2022, the project must fully comply with the 2019 California Green Building Standards Code; the 2019 California Building; Plumbing; Mechanical; and Electrical Codes; the 2019 California Energy Standards Code; the 2019 California Fire Code; and the Bellflower Municipal Code as adopted and amended by the City of Bellflower and the County of Los Angeles.
40.If the project is submitted for the initial plan review on January 1, 2023 or thereafter, the project must comply with the 2022 California Building Standards Code and 2022 California Fire Code, as adopted by the BMC.
41.The initial permit fees will cover the first plan check and one recheck only.
Additional review required beyond initial recheck will be paid for on an hourly basis in accordance with the current fee schedule and separate reimbursement agreement.
42.A fire flow worksheet complying with the California Fire Code must be provided bY the local water provider and returned to the Director before the City issues any permits.
43.Service for all
utilities (including, without limitation, the telephone, cable, and electrical service) must be of underground entry from the proposed main electrical service and meter location to the point of utility connection.
44. The project must comply with the most current version of the Title 24 Californ ia
Energy Standards. Provide two wet stamped and signed calculations to the Director to show compliance with the energy requirements and include compliance certificates (CF -1 R) and (M -M) mandatory measures on the plans. —133—
City of Bellflower
Resolution No. 20-29 - Exhibit A
45. At the time of initial plan review submittal, four sets of complete plans and specifications along with two sets of structural calculations and any other required supporting documentation must be submitted before the City starts plan review services.
46.South Coast
Air Quality
Management District must be
contacted before any
demolition or
renovation.
Call (909) 396-2000 for further
information.
47. An accessible path of travel must be provided from the public right of way and public transportation stops to buildings in accordance with CBC Chapter 11-A and B requirements. In addition, accessible parking must be provided (at least one van accessible stall) at each parking lot along with an accessible path of travel from accessible parking to buildings and common use spaces and facilities on the property.
48.Accessible paths of travel must be provided to interconnect all proposed residential buildings, and common use facilities on the subject property and from the public right of way.
49. Each building must be designed to provide the required STC (Sound Transmission Control) between dwelling units and between any mixed uses within a building in accordance with the California Building Code.
50.Separate building permits are required for each separate structure and any demolition work on the property.
51.An approved fire sprinkler system must be installed in each building in accordance with the 2019 California Building and Fire Codes. Differed submittals must be listed on the building plans and be approved by the City Building Official before approval, permit, and installation.
52.A separate Phasing Plan and Construction Schedule must be submitted to the Building Official for review and approval before the City issues any building permits. Phasing Plans must outline each phase of construction, number of units/buildings constructed per phase, ingress and egress measures, site protection measures, paths of travel, accessible road ways and fire lanes, staging areas, restroom and office facilities, and any life safety measures deemed necessary by the Building Official.
D. Traffic Engineer
53. Landscape and hardscape improvements located adjacent to drive approaches cannot exceed 42" in height as measured from the paved driveway surface to ensure safe vehicular sight distance.
54.The site plan must provide driveway dimensions at all angle points and any proposed radii.
—Y34—
City of Bellflower
Resolution No. 20-29 - Exhibit A
55.The site plan must show the designated disabled access path from the public right-of-way.
56. Red curb parking restrictions 20 feet in length must be installed on either side of the drive approach fronting Oak Street.
E. City Engineer
57.The site plan must show and dimension all property lines and any internal lot lines.
5&A preliminary soils report prepared by a licensed civil or geotechnical engineer is required and must include an assessment of liquefaction potential.
59.A grading plan prepared by a California licensed civil engineer is required and has been submitted. The minimum slope on concrete flow lines must be 0.50%.
Minimum slope on asphalt concrete or turf must be 1.0%. Existing elevations of adjacent property and street flow lines must be shown around the perimeter of the proposed development. All applicable NPDES requirements must be complied with.
60.Any encroachments into the public right-of-way airspace will require airspace easements to be prepared by the applicant and recorded.
61.A Final Map is required. A licensed surveyor or civil engineer licensed before 1982 must prepare the final map.
62.The Final Map must:
a) Meet all the provisions of applicable law.
b) Give reference to all monuments found or set.
c) Include traverse calculations of the tract/parcel lots indicating closure within 1:10,000.
d) The developer will be required to pay all applicable checking fees with the City before the start of map checking.
e) Vesting Tentative Map improvements established by the City Engineer not completed and accepted at the time of approval of the final map will require the applicant to enter into an agreement with the City to complete such improvements at the applicant's expense and guaranteed by improvement securities.
f) Be recorded by the Los Angeles County Recorder.
h) The Applicant must provide the City with two duplicate, medium weight mylars and four sets of prints of the recorded map. All existing and/or proposed easements must be shown on the final map. -135-
City of Bellflower
Resolution No. 20-29 - Exhibit A
63.Two inch I.P. monuments (24 inch minimum length) must be set at all lot corners, except where sidewalks are to be constructed or are existing. The surveyor must set Lead and Tack in the sidewalk at these locations.
64. The existing alley type drive approaches fronting Oak Street must be removed and reconstructed per the approved construction plan and City standards,
65.A new drive approach must be constructed fronting Mayne Street per the approved construction plan and City standards.
66.The existing alley drive approach access ramps fronting Oak Street must be removed and replaced. New ramps must be installed at the new alley type drive approach fronting Mayne Street per the approved construction plan and City standards.
67. All existing curb and gutter most be removed and reconstructed to conform to the new and reconstructed drive approaches per the approved construction plans.
68. Existing and new sidewalk must be reconstructed or constructed from property line to property line per the approved construction plans. a. Bellflower Boulevard— Remove and replace per the approved construction plans;
b. Oak Street— Remove and replace per the approved construction plans; and c. Mayne Street — Install new sidewalk as shown on the approved construction plans.
69.On-site sanitary wastewater laterals must be constructed to service the properties. If a new lateral is proposed from the property to the existing wastewater main, the minimum lateral size from main to property line is 6".
Sewer clean outs must be provided in conformance with all applicable and current codes. Excavation permits with necessary insurance and bonds are required.
70. For any new sewer connections, contact the Los Angeles County Sanitation District and obtain any connection permits. Documentation of such permits must be submitted to the Building Official before the City issues any building permits. Provide documentation from the District that sufficient sewer capacity is provided.
71.A sewer reconstruction fee in the amount of $37,970.10 must be paid to the City before the City issues any encroachment permits.
72. Un -sodded, mounded planters adjacent to public sidewalk must be provided with 6" curbs to prevent soil run-off onto the public sidewalk. Curbs are not required if the planter consists of sod.
73.The contractor must meet with the City Public Works Inspector before starting any construction within the public right-of-way.
-136-
City of Bellflower
Resolution No. 20-29 - Exhibit A
74.All work within the public
right-of-way, including placing and removal
of
traffic
control devices, are restricted
to the hours between 8:30 A.M. and 3:30
P.M.,
Monday through Friday.
No work requiring continuous inspection
or
traffic
control must be done
on Saturday, Sunday or Holidays, unless
prior
arrangements have been
made at least one week in advance with the
approval
of the City Engineer,
75. The developer must pay for and is responsible for any necessary relocation of any public or private utility or other obstruction to facilitate the construction within the public right-of-way.
76. Permits are required for all work within the public right-of-way.
F. Stormwater
77.Before the City issues grading permits, the Applicant must comply with the National Pollution Discharge Elimination System (NPDES) permit from the California Regional Water Quality Control Board.
78.Before the City issues grading permits, the Applicant must file any required documents including, without limitation, the notice of intent, and comply with permits from the California Regional Water Quality Control Board,
79. Before the City issues grading permits, the Applicant must furnish the project's LID/SUSMP Plan for review and approval to the satisfaction of the Director and/or the City Engineer. The LID/SUSMP will be required to implement post - construction treatment controls as identified in the MS4 PERMIT, Los Angeles RWQCB Order No. R4-2012-0175—Planning and Land Development Program page 94. The design treatment volume must be calculated in accordance with the MS4 Permit and LA County Hydrology Manual Appendix A procedures, to the satisfaction and approval of the City Engineer. The calculations must be performed by a licensed Civil Engineer in the State of California. Structural treatment controls must be designed to meet CASQA design requirements at a minimum ( http://www.cabmphandbooks.com for New
Development/Redevelopment),
80. Before the City issues a grading permit, the project must demonstrate to the satisfaction of the City Engineer and/or the City Planner that the MS4 Permit requirements are met and shown on the project plans.
81. Before the City issues a grading permit, the Applicant must demonstrate to the satisfaction of the Director and/or City Engineer that the selected Structural Treatment Controls adequately treat pollutants of concern for the expected project pollutants to a medium or high removal efficiency and for the currently approved Lower San Gabriel River Reach 1 and Los Cerritos Channel 303(d) listed pollutants. The Applicant must Include in the LID/SUSMP all calculations and treatment control manufacturer information, if applicable, to demonstrate the pollutant removal efficiency for the project pollutants and 303(d) listed pollutants ( http://www.swrcb.ca.aov) .
—137—
City of Bellflower
Resolution No. 20-29 - Exhibit A
82. Before the City issues grading permits, a maintenance agreement must be reviewed and approved to the satisfaction of the Director and/or City Engineer.
The maintenance agreement must be submitted in accordance with the requirements of Order No. R4-2012-0175, Page 111, The Maintenance Agreement must be signed and notarized by the owner, City Manager and City Attorney and recorded with the LA County Recorder.
83. Before the City issues grading permits, the Applicant must include on the project plans to the satisfaction of the City Engineer the following information:
a. Grading Plan Title Sheet: Indicate the project is subject to LID/SUSMP requirements with the Following text: "SUSMP/LID PROJECT". b. Maintenance requirements must be listed for all structural treatment controls.
c. All constructed SUSMP requirements must be clearly identified as such in the project plans and in the SUSMP Report including maintenance operations and maintenance responsibility.
84. Before the
City issues grading permits, the applicant
must sign the owner's
certification
form
and embed the document in the
project plans to the
satisfaction
of the
Director or City Engineer,
85. Before the City issues grading permits, the project must incorporate structural LID practices for the site in consideration of the site's land use, hydrology, soil type, climate and rainfall patterns.
86.Before the City issues grading permits, the Applicant must submit a Storm Water Pollution Prevention Plan (SWPPP) for the review and approval by the City Engineer. The SWPPP must describe the construction phase Best Management Practices (BMPs) to ensure compliance with the NPDES General Permit for storm water discharges associated with construction activity.
G. Fire Requirements
87. The Private Driveways proposed as private streets for access throughout the development must be labeled as "Private Driveway" on the Final Map. The portion of the private driveway intended for fire apparatus access must be identified as "Fire Lane" on the Final Map. All widths and dimensions must be clearly delineated with a reciprocal access agreement is required for all private driveways.
88. Every building constructed must be accessible to fire apparatus by way of access roadways, with an all-weather surface of not less than the prescribed width. The roadway must be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building.
89. The fire apparatus access road extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. -138-
City of Bellflower
Resolution No. 20-29 - Exhibit A
90. Maintain a minimum unobstructed width of 28 feet, exclusive of shoulders, except for approved security gates and an unobstructed vertical clearance "clear to sky" fire equipment access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building when the height of the building above the lowest level of the vehicular access road is more than 30 feet high, or the building is more than three stories. The access roadway must be located a minimum of 15 feet and a maximum of 30 feet from the building, and must be positioned parallel to one entire side of the building_ The side of the building on which the aerial fire apparatus access road is positioned must be approved by the fire marshal.
91. Fire Apparatus Access Roads cannot be obstructed in any manner, including the parking of vehicles, or the use of traffic calming devices, including but not limited to, speed bumps or speed humps. Minimum widths and clearances established by applicable law must be maintained at all times.
92. For all occupancies other than one and two -family dwellings, and Group R-3 buildings, including commercial, industrial, multi -family dwellings, private schools, and institutions, fire hydrant spacing must be 300 feet. No portion of lot frontage can be more than 200 feet from, via vehicular access, a public hydrant. No portion of a building can be more than 400 feet from, via vehicular access, a properly spaced public hydrant.
93. All fire hydrants must measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWVVA standard C503 or approved equal, and must be installed in accordance with applicable law.
94. All required public fire hydrants must be installed, tested and accepted before beginning construction.
95. An approved automatic fire sprinkler system is required for the proposed buildings within this development.
96. Permittee agrees to pay City any development impact fees ("DIFs") that may be applicable to the Project. Permittee takes notice pursuant to Government Code § 66020(d) that City is imposing the DIFs upon the Project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.). Applicant is informed that it may protest DIFs in accordance with Government Code § 66020.
97. Applicant must reimburse the City for all actual fees including, without limitation, legal fees, expended by the City that are directly related to the processing of this project. The City will not issue a Certificate of Occupancy or other final occupancy approval until all fees are paid by the Applicant.
98. 16411 Bellflower, LLC, agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Transit Oriented Development Project Review Case No. TODPR 1-20-10630; Conditional Use Permit Case No. CU 20-02; Administrative Conditional Use Permit Case No. ACU 20-01; and Vesting Tentative Map No. VTM 82987, -139-
DocuSign Envelope ID: F60E51DF-OBB3-476F-BO1E-2C14461752A9 City of Bellflower
Resolution No. 20-29 - Exhibit A
except for such loss or damage arising from the City's sole negligence or willful misconduct. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval of Transit Oriented Development Project Review Case No. TODPR 1-20-10630; Conditional Use Permit Case No. CU 20-02; Administrative Conditional Use Permit Case No, ACU 20-01; and Vesting Tentative Map No. VTM 82987, 16411 Bellflower, LLC, agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Bellflower's elected officials, appointed officials, officers, and employees.
By signing this document, 16411 Bellflower, LLC, certifies that it has read, understood, and agrees to the Project Conditions listed in this document.
DacuSignetl bye
6/23/2020 � 1:26 PM PDT
Jason Tolleson, representing 16411 Bellflower, LLC
(Applicant and/or Developer)
(If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company)
—140—
DocuSign Envelope ID: F6OE51DF-OBB3-476F-801E-2C14461752A9
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. 20-29 was duly passed, approved, and adopted by the City Council of the City of Bellflower at is Regular Meeting of June 22, 2020, by the following vote to wit:
AYES: Council Members - Santa Ines, Koops, Hamada, and
and Mayor Garza
RECUSE: Council Member - Dunton
Dated: June 23, 2020
IMa ra �%chiqui, City Clerk of Bellflower, Californi
(SEAL)
{
—141—
CITY OF BELLFLOWER
ORDINANCE NO. 1391
AN ORDINANCE APPROVING DEVELOPMENT
AGREEMENT FILE NO. 837.1, IN A FORM APPROVED BY THE
CITY ATTORNEY, BY AND BETWEEN THE CITY OF BELLFLOWER
AND 16411 BELLFLOWER, LLC, TO FACILITATE DEVELOPMENT OF
THE PROPERTY, INCLUDING PARKING LICENSE AGREEMENTS FOR
SOME OF THE REQUIRED OFF-STREET PARKING
THE CITY COUNCIL DOES ORDAIN AS FOLLOW5:
SECTION 1, Recitals, The City Council finds and declares as follows:
A. In 20161 the City purchased 16411 Bellflower Boulevard and 9742 Mayne Avenue to assist in the revitalization of the Downtown. The City' has owned the parking lot at 9735 Oak Street since approximately 1967; B, On April 24, 2018, the City issued a Request for Proposals ("RFP") for the disposition and development of the Property. Serrano Development Group, Inc. ("Serrano"), an affiliate of Developer, prepared a proposal and responded to the RFP on June 14, 2018, The City received five responses to the RFP and, through a competitive review process, selected Serrano's response; C, On October 22, 2018, the City selected the Applicant via Agreement File No. 820, following a competitive process as the best entity to develop the subject properties with a mixed-use transit -oriented development that would enhance economic development and public welfare in the City; D. On July 8, 2019, City Council adopted Resolution No. 19-59, opting to act as the Planning Agency for the Project;
E. On August 12, 2019, City Council adopted Resolution No. 19-61, authorizing the City Manager to execute an Agreement for Acquisition of real properties (Agreement File No. 837) between the Applicant (16411 Bellflower LLC and/or Serrano Development Group) and the City for the disposition of the subject properties;
F. The City reviewed the environmental impacts of the project known as the Bellflower TOD Mixed -Use Project (the "Project") in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, etseq., "CEQA"), and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines'). As a result, the City prepared a Mitigated Negative Declaration as required by CEQA; G. On June 22, 20
24, the City Council adopted a resolution certifying the Mitigated Negative � Declaration for 16411 Bellflower, LLC (State Clearinghouse No. 2020050144). The Project includes the discretionary approvals granted, by the City Council on June, 22, 2020 for the Project (identified by the City as Case Nos, TODPR 1-20-10630, CU 20-027 ACU 20-01, and VTM 82987) including, without limitation, all applicable conditions of approval;
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City of Bellflower
Ordinance No. 1391
H. For the reasons set forth below and in the Development Agreement attached as Exhibit "A," and incorporated by reference, the City Council found that the City would glean additional public benefits from the Project;
1. It is in the public interest to approve the proposed Project; and J. The City Council considered the information provided by City Staff and public testimony, and the Applicant. This Ordinance, and its findings were made based upon the entirety of the administrative record including without limitation, evidence presented to the City Council at its June 22, 2020, hearing.
SECTION 2. Findings.. Pursuant to Government Code § 65867.5, the City Council finds the following:
A. For the same reasons set forth in the MND and Resolution No. 20-29, which is incorporated by reference into these findings, the Development Agreement is consistent with the General Plan of the City of Bellflower. The Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Development Agreement will, among other things, facilitate the development of the subject site that is currently vacant and underutilized, which is consistent with the following General Plan policies:
1. General Plan Land Use Element General Goal 1: "Discourage disjoint land use patterns";
2. General Plan Land Use Element General Goal 2: "Create a City that functions efficiently, is aesthetically pleasing, and makes the best use of its various resources'
3. General Plan Land Use Element General Goal 5: "Provide incentives for reinvestment in aging built -out developments and encourage consolidation of properties for higher quality land uses and designs";
4. General Plan Land Use Element General Policy 1.1: "Provide land use designations which match acfual viable uses";
5. General Plan Land Use Element General Policy 1.2: "Encourage opportunities to sensitively integrate different, but compatible, land uses";
6. General Plan Land Use Element General Policy 2.1: "Create opportunities wherein a population diverse in terms of income, age, occupation, race, lifestyle, values, interest, and religion may interact, exchange ideas, and realize common goals";
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City of Bellflower
Ordinance No. 1391
7. General Plan Land
commercial facilities
community'
Use Element General Policy 2.2: "Provide
to meet the retail and service needs of the
8. General Plan an Use Element General Policy 2.12: "Develop strong themes identifying Bellflower as a city of visual and community quality';
9. General Plan an Use Element General Policy 2.15: "Encourage a greater proportion ofhome ownership and owner occupancy of multi- family developments";
10. General Plan Land Use Element Mixed Use Policy 1: "Allow for innovative and/or neo-traditionat uses in established areas",
11.General Plan Housing Element Policy 5.1: "Provide a range of housing types, including higher density multi -family units, and residential/commercial mixed-use in order to address the City's share of RHNA";
12.General Plan Housing Element Policy 5.2: "Create mixed-use opportunities along key commercial corridors as a means of providing housing in close proximity to services and transit, enhancing pedestrian activity and community interactions';
13.General Plan Housing Element Policy 5.3: "Encourage infill development and reuse of underutilized land, where reuse is consistent with desired neighborhood character'; and
14, General Plan Housing Element Policy 5.6: "Explore opportunities for new residential development within those areas of the City occupied by vacant or underutilized obsolete commercial or industrial uses." B, The Development Agreement also provides certainty in planning and construction as well as orderly development, while providing assurance to the Applicant that it may construct the Project.
C. The Development Agreement includes a subdivision that complies with the provisions of Government Code § 66473.7 and Bellflower Municipal Code ("BMC") Chapter 16.12.
D. Per section 8.5 (G) of the TODPP, the Planning Director determined that the Applicant's Residential Parking Demand Study dated March 13, 2020, requesting 1.5 parking spaces per residential unit (a total of 139 spaces) for the residential component (91 residential units) and is inclusive of the Residential Units Guest Parking is in compliance with standards and guidelines contained in the TODSP. TOD studies show that developments within proximity of transit station require less parking, which is further supported bythe submitted Parking Demand Study.
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City of Bellflower
Ordinance No. 1391
SECTION 3. Environmental Review Findings. The City Council finds as follows:
A. An Initial Study of Environmental Impacts and Mitigated Negative Declaration (MND) was prepared for the Project pursuant to CEQA § 15063 and §15070(b).
B. Pursuant to CEQA Guidelines § 15070(b), a Mitigated Negative Declaration (MND) is appropriate if it is determined that though a project could result in a significant effect, mitigation measures are available to reduce these significant effects to less than significant levels. Pursuant to the MND, recommended mitigation measures are provided in "Section 5, Cultural Resources"; "Section 7, Soils and Geology", and "Section 9, Hazards and Hazardous Materials."
C. The MND was made available to the public for review and comment from May 7, 2020, to and including, May 27, 2020,
D. A duly noticed public hearing was held by the City Council of the City of Bellflower on June 22, 2020, at which time evidence was heard on the MND and staff report. At the hearing, the City Council fully reviewed and carefully considered the MND, together with any comments received during the public review period, and determined that the MND was consistent with CEQA.
E. When considering the whole record for the draft Initial Study and Mitigated Negative Declaration, there is no evidence that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built out urban environment.
F. Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project. Consequently, the City Council adopts the MND for the Project.
SECTION 4. Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.
SECTION 5. Genera! Plan and Zoning, The proposed project conforms to the Bellflower General Plan, as set forth in Section 2. In addition, the proposed project conforms to the Transit Oriented Development Specific Plan No. 8 (TODSP), and Title 17 (Zoning) of the BMC in that the zoning classification for the Project site is Downtown Bellflower Transit Oriented Development Specific Plan (TOD SP), and includes the Town Center (TCA) District, Area 1 and the Bellflower Village Overlay Zone - North (BVOZ-N) and are included in Planning Area 3, which allows for commercial and mixed-use development.
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City of Bellflower
Ordinance No. 1391
SECTION 6. Use of Public Parking Facility Findings. Pursuant to Resolution No. 17-52, adopted August 28, 2017, the City Council finds the following facts exist:
A. The proposed development is located in the BVOZ-N of the TODSP.
B.
es plan for the proposed development is consistent with neighboring development. The submitted plans were evaluated and have been determined to be in compliance with the development standards of the TOD SP. The proposed uses are compatible with the various existing businesses which currently provide retail/restaurant/alcohol service and a theater.
C. There are four public parking facilities within 300 feet of the proposed development (totaling 503 parking spaces) and one public parking facility within 500 feet of the proposed development (totaling 93 parking spaces).
D. With the completion of the City's parking structure, there are approximately 1,093 public parking spaces available within the vicinity. A parking survey was conducted in June 2019, which indicated that during peak demands of evenings and weekends, there were 583 parking spaces available on public parking lots. The number of parking spaces proposed to be transferred to the public parking lots could be accommodated based on the available parking observed at the time the survey was conducted.
SECTION 7. Public Benefifs. The Development Agreement provides for public benefits including, without limitation:
A. The Project is part of City's downtown and its revitalizafiion is crucial for the economic revitalization of the downtown;
B. The Project is located on underutilized property. Improving the property through private investment is a critical component of City's overall plan for a thriving downtown.
C. Providing housing which will help to satisfy City's obligation to meet City's share of regional housing needs;
D. Fulfilling the long-term economic goals for City by providing housing to help offset the jobs/housing imbalance;
E. Providing approximately 91 housing units to increase City's overall housing stock;
F. Providing fiscal benefits to City's general fund in terms of increased property and sales taxes;
G. Relieving pressure to build housing in existing neighborhoods; H. Providing short-term construction employment within City; -146-
City of Bellflower
Ordinance No. 1391
I. Enhancing access to City's public recreational facilities by providing a transit -oriented development Project within walking distance to a Class III bikeway, the future Downtown Bellflower Station for the West Santa Ana Branch Transit Corridor Light Rail, Pirate Park, and the Mayne Events Center;
J. The Project prevents the spread of blight in the downtown by reusing and repurposing the currently vacant former Greek Market building. The project enhances the appearance of the community through creative design of buildings, structures, and facilities.
SECTION 8. Incorporation of Development Agreement; Changes; Execution.
In accordance with Government Code §§ 65864, et seq. this Ordinance approves the Development Agreement in substantially the form attached as Exhibit "A," and incorporated into this Ordinance by reference.
A. The DA may be changed before execution as authorized by the City Council during the public hearings for the Project.
B. The DA may be changed before execution for minor clarifications and technical, clerical, corrections as approved by the City Attorney including, without limitation, completion of references, status of planning approvals, and completion and conformity of all exhibits to the DA.
C. The City Council authorizes the Mayor to execute the DA on the Gity's behalf. The City Manager, or designee, is authorized to execute amendments or operative memoranda as permitted by the DA, in a form approved by the City Attorney.
SECTION 9. 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 thatfacilitates the purposes set forth in this Ordinance.
SECTION 10. Enforceability, Repeal of any provision of the Bellflower Municipal Code 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.
SECTION 11. 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 matter. The 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.
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City of Bellflower
Ordinance No. 1391
SECTION 12, 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 issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 13. 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 invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 14, 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 15. Publications. The City Clerk is directed to certify the passage and adoption'
this Ordinance; 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, SECTION 16. The City Clerk 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 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 17. Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.
ORDINANCE NO, 1391 HAD ITS FIRST READING ON JUNE 22, 2020, ITS SECOND READING ON JULY 13, 2020, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF JULY 13, 2021
Jua arza,a o '
ATTEST:
FORM:
Exhibit A —Development Agreement File No. 837.1
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'�rmvla77ageY�eP'
Please complete this
regarding how to con
rt o U �n � n lo•
STAFF USE ONLY
CITY OF BELLFLOWER PROJECT CASE NO.: E IVED,BY: ATE:
PLANNING DIVISION
16600 CIVIC CENTER DR. ENERGOV CASE NO.: FaMEIPT No.,
BELLFLOWER, CA 90706 ob lm s* 22. 13 DO I
562-804-1424ZONING: G 6 V (7Z_®V PLU.'
mw.bellflower.ora
PROJECT APPLICATION
)plication thoroughly and attach all required documentation. Should you have any question ete this application, please contact the Planning Division at 562-804-1424. ❑VVPrelimina
NOTE: All plans submitted for entitlements must be prepared, and stamped and signed by a licensed under company ownership (i.e.,
Corporation,
~Review
1 ❑
1 Development Review
❑
Zone Chan e
0 Conditional
Use
Permit
❑
I Tentative Map
❑
General Plan Amendment
❑
Variance
❑
I Lot Line Adjustment
I ❑
I Zoning Ordinance Text Amendment
®
Other: Development Agreement Amendment and MND Addendum and Design Review aesign pmressionni. r+uuuiui ids
comments/corrections may arise. during Building Plan Check that may result In revisions to the plans, and modlfication of tha entitlements.
PfOjeCt AddreSS(e5)'164118ELLFLOWER BLVD., BELLFLOWER, CA 90706 �.__...-.-._ - - - '- -
Acspccnr'c Pnrrpl Nnmher(s): 7106-020-901 . , --
,;', �uN 2 a
zazz
Project Description / Request (attach additional pages as needed)" see attached project description. I
CEQA reference numbers (MND 20-02 and SCH 2020050144)
Project Valuation (estimate)" $ 2,000,000 Property Size (square feet &acres): 1s zas sF (U.az ACRes) Applicant /Authorized Agent" Serrano Development troop Telephone" (816) 210-8845 Mailing Address"24 N Marengo Ave [email protected] City' Pasadena State" rn Zip: 91101
Property Owner/ Authorized Agent"16441 Bellfl
ower Blvd LLC Telephone: 676396-8880
Mailing Address' 24 N Marengo Ave Email: [email protected] City' Pasadena State: CA _ Zip: 91101
NOTE: Properties
under company ownership (i.e.,
Corporation,
LLC) must
a Statement of Information from the California
!ion will be deemed incomplete.
I, 16411 BelltlowerBlvd, LLC , am the property owner for the subject property and have read and understand all statements including the filing requirements on the reverse side of this application. I hereby authorize Jason Tolleson to act as my representative and to bind me in all matters concerning this application. I hereby affirm under penalty of perjury that the foregoing statements, facts and attachments are true and correct. I understand that this application for entitlement may be denied, modified or approved with conditions, and that such conditions or modifications must be satisfied prior to issuance of building permits. I understand that by filing the application, information on the application including, but not necessarily limited to, the name and address will be included on public records that are posted on the internet.
Property � Signature Date App i Signature Date
Applica5on
Revised 7/19
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SUBMITTAL CHECKLIST
This checklist is intended to assist you in assembling a complete application packet. Some of the items listed may not be required based on your requested entitlements, consult with the Planning Division. Additional documentation (i.e. traffic study, photometric plan security plan etc) may be required APPLICATION FORM. AND ENVIRONMENTAL ASSESSMENT ----- --- -------------- — — — — 3 Only one complete application and environmental assessment is required for multiple applications filed concurrently. Do not submit separate applications for multiple requests. 4 ENTITLEMENT JUSTIFICATION - __ . �_—. .----�— _-__-------�--- - — -------_-_ -----------------------4 All projects must contain specific details about the proposed use and must provide responses to all required findings based on the entitlements requested. If you are requesting more than one entitlement, you must address each separately.
PUBLIC NOTIFICATION MAP, MAILING LIST, AND PUBLIC POSTER49 --- — 5-8 State and City law require that property owners near the project site must be notified by mail of public hearings and pending actions on the subject site; to accomplish this, a radius map and mailing labels must be prepared at a 300' radius of the subject site(s). A larger radius may be required depending on the complexity of the requested entitlements. In addition, a notice of public hearing must be posted at the subject site; the content of the public notice poster is subject to City approval.
PLANS AND TENTATIVE MAP REQUIREMENTS --------- ------ --- ---------- -- — — --9-11 y dP sL is of full scale plans, stamped and signed by a licensed design professional, must be provided at the time of initial submittal. If a project is subject to Planning Commission and/or City Council action, 15 sets of full scale plans must be submitted not less than ten days prior to the date of the meeting otherwise the meeting date will be postponed. Please refer to the Planning Department handout for detailed tentative map requirements.
TITLE REPORT WITH LEGAL DESCRIPTION
All projects involving development require submittal of a title report. ❑ PROPERTY SURVEY
All projects involving development are required to have a property survey completed by a licensed surveyor or Civil Engineer, prior to application submittal.
COLOR MATERIALS BOARD
All projects involving new development must provide samples of finishes/materials: building, paving, walls, trims, sign graphics, paint color chips, etc.
411, COLOR PERSPECTIVES
All new commercial projects and commercial remodeling (valued at $250,000.00 and over) require color perspectives.
❑ SITE MODEL
Projects subject tc Development Review with a valuation greater than $2,500,000.00 must provide an architectural model that illustrates the site layout, design, features, and architecture of each structure within the project. Upon City approval, a virtual model may be submitted. All models will be retained by the City. ❑ CONTEXT MODEL
Projects subject to Development Review with a valuation greater than $5,000,000.00 must also provide a massing model that illustrates the mass and bulk of the proposed structures on the site and within the immediate vicinity.
Upon City approval, a virtual model may be submitted. All models will be retained by the City. ❑ PHOTOS
At least six (6) color photos must be provided. Photos must illustrate the existing site conditions. ie DIGITAL COPIES
All projects are required to submit, at the time of submittal/resubmittal, a compact disk or flash drive which includes digital copies of all illustrative documents (Le, plans, maps, color photos, color perspectives, virtual models, etc.).
12-13
Fees are based on the requested entitlements, per the adopted fee resolution. All applications must be accompanied by the applicable payment based on the requested entitlement(s). Projects will not be accepted unless applicable fees have been received.
Project Application Revised 7119
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ENVIRONMENTAL ASSESSMENT
1. Would the project substantially degrade the existing visual character or quality of the site and its surroundin s? If es, lease explain:
❑ Yes ® No
2. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. If yes, please explain:
❑ Yes Q No
g.
Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? If yes, please ex Iain:
❑ Yes © No
Would the project be located on a site which is included on a list of hazardous materials sites and, as a result, would it create a significant hazard to the public or the environment? If "yes" please specify the author of the list (Department of Toxic Substance Control, Department of Health Services, Water Resource Control Board, or Department of Resources Recycling and Recovery),the regulatoa identification number, and date of the list. If yes, please explain:
❑ Yes FZ] No
5. Would the project conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established b the City for designated roads or highways? If yes, please explain:
E] Yes 0 No
6_
Would the project place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ Yes ® No
If yes, please explain:
7. Would the project result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of ❑ Yes © No
other a encies? If yes, please explain:
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ENTITLEMENT JUSTIFICATION (SEE ATTACHED)
Each form of entitlement requires that specific findings be satisfied prior to the Planning Commission/City Council approval of an application. Every entitlement application must be accompanied by a detailed description, by the applicant, on how the required findings are satisfied. The entitlements listed below are the most commonly applied for, but are not a comprehensive list; if you are requesting an entitlement other than those listed below, please contact the Planning Division at 562-804-1424 regarding the appropriate findings.
Conditional Use Permit Findings (BMC 17.96.040)
Before the Commission or City Council grants approval of a Conditional Use Permit, or the Director grants approval of a Minor Use Permit, the approving authority must be satisfied all the following conditions are met:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit or Minor Use Permit is authorized by this title.
B. The said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the Master Plan, and is not detrimental to existing uses or to uses specifically permitted in the district in which the proposed use is to be located.
C. The site for the intended use is adequate in size and shape to accommodate said use, and for all the yards, setbacks, walls or fences, landscaping and other features that may be required in order to adjust said use to those existing or possible future uses of land in the neighborhood.
D. The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
Variance Findings (BMC 17.100.0301
A. The applicant must set forth in detail in forms provided by the Commission, the justification for the requested variance, and must show thereon how all the conditions set forth in this chapter and all other information requested by the Commission are satisfied. Before granting approval of a variance, the applicant must affirmatively show or prove, and the Commission or City Council must be satisfied, that all of the following conditions are met:
1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to the property or class of use in the same vicinity or district. 2) That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant that is possessed by other property in the same vicinity and district. 3) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located. 4) That the granting of such variance will not adversely affect the Comprehensive General Plan.
B. Before any variance may be granted, it must be affirmatively shown and proved that because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone or district classification.
Development Review Findings (BMC 17.80.040)
Before approval of an application for Development Review, the following findings must be made:
A. That the proposal is consistent with the Bellflower General Plan, and with BMC 17.80.
B. That the design of the proposal is appropriate to the City, the neighborhood, and the lot on which it is proposed.
C. That the design of the proposal is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, or similar qualities as specified in Section 17.80.010.
Project Application Revised 7/19
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Entitlement Justification and findings- Parcel A (16411 Bellflower Blvd) Back= rq ound
The approved project consists of two contiguous parcels, parcel A and B.
The approved project on Parcel A included a MUlti-screen Theater (9,350 SF), Retail Commercial/Restaurant (4,750 SF; 50 percent Retail Commercial/50 percent Fast Casual Restaurant); and 350 SF trash area for a total of 14,450 SF. The approved project included redevelopment/adaptive reuse of the existing and vacant "Cosmopolitan Grocers' building for the new theater and retail commercial/restaurant uses. The existing building, being in a state of disrepair and not serviceable has subsequently been demolished through ministerial action.
The developer requests to modify this approval to allow the construction of a 2 story,14,258 SF building with a 3,483 SF Public Plaza, 1,848 SF trellised patio outdoor space and a 1,378 SF Second floor outdoor patio for potential Commercial uses that are allowed by the Bellflower TOD Specific plan, including but not limited to Retail, Restaurant, and Offices, while retaining the possibility of constructing a maximum 9,350 SF Theatre pursuant to CUP 20-02.
Parcel B included the development of a 91 -unit Mixed Use apartment building, 650 square feet of commercial space and 139 Parking spaces at 9742 Maybe Street and 9735 Oak Street, which is currently under construction. No change is proposed to the development and improvements on Parcel B.
Approved Entitlements
The project was approved by City of Bellflower Resolution No 20-29 adopting Mitigated Negative Declaration No, MND 20-1 and consisted of the following entitlements.
TOD PR 1-20-10630- A Development Review for the project consistent with the Downtown Bellflower Transit Oriented District Specific Plan.
VTM NO. 82987- A Vesting Tentative Map
ACU 20-01- An administrative Conditional Use Permit for beer, wine and alcohol sales for the Theatre use and retail uses.
CU 20-02- A conditional use permit for "Public Assembly Use for a theater' and "Structures 5 stories tall".
Development Agreement File No 837.1- A development memorializing the terms and. conditions under which the developer will operate, park and construct the project, including four parking license agreements for the use of off-site parking in City owner lots —153—
for the theater use, retail uses within the theatre building, residential guest parking and retail use on the residential building's ground floor.
Proposed Modifications
MND 20-1- Addendum to the Final Initial Study and Mitigated Negative Declaration (provided under separate cover)
TOD PR 1-20-10630- Design Review for the proposed construction of a 2 story, 14,258 SF building with a 3,483 SF Public Plaza, 1,848 SF trellised patio outdoor space and a 1,378 SF Second floor outdoor patio for potential Commercial uses that are allowed by the Bellflower TOD Specific plan area 3 (BVOZ-N), including but not limited to Retail, Restaurant, and Offices, and a possible Public Assembly- Theatre pursuant to CU 20-02 CU 20-02- Modification of the Conditional Use Permit to include uses permitted within the BVOZ-N zone with the option of constructing a max 9,350 SF theatre within a revised footprint and location on the site.
Development Agreement File No 837.1- A development agreement amendment to memorialize the terms and conditions under which the Developer will seek an Entertainment Anchor for the retail space and make payments if such tenant cannot be secured.
Justifications and Findings
MND 20-1- See attached Administrative Draft prepared by Ascent Environmental TOD PR 1-20-10630-
A. That the proposal is consistent with the Bellflower General Plan, and with BMC
17.80. The general plan land use designation of the project is "M U" (mixed use) and the project is consistent with the goals and policies of the General plan Land Use -154-
Element as described in Section 5 and 6 of Resolution No 20-29. The project is located within the BVOZ-N Planning area 3 of the TOD SP, which allows for commercial and mixed-use development. The project is consistent with BMC 17.80.
While the approved project included the adaptive reuse of the existing building on Parcel A into a theatre and retail development, due to a lack of serviceability of the existing building, the project proposes to replace this building with new construction that has a similar gross area, height, and scale.
Additionally, the new building allows for a larger 3,483 SF Public Plaza, 1,848 SF trellised patio outdoor space and a 1,378 SF Second floor outdoor patio to further enhance the quality and use of this Parcel. This plaza and a second -floor patio envisaged to be used by a restaurant tenant will help create a multi-level entertainment venue with ample outdoor space.
B. That the design of the proposal is appropriate to the city, the neighborhood, and the lot on which it is proposed.
Pursuant to Table 4.16 of the TODSP: "Mixed Use" the approved project is permitted by right in the TODSP. The proposed modification maintains substantially the same uses as previously approved while enlarging Outdoor Public Space and providing a variety of trellised spaces and a second -floor patio creating a visual link and buffer between the building and the public way. Given that the new proposal is similar in scale to the approved project while expanding the 'pedestrian scale' and connectivity between the building and the streetscape the proposed project is appropriate for the city, Neighborhood and the Lot.
C. That the design of the proposal is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, or similar qualities as specified in Section 17.80.010.
The non-residential component of the approved project included four-sided architecture, cement plaster trim, metal and wood awnings and a new public plaza with seating landscaping and a new clock tower feature as part of the renovation of -155-
the existing building. Similarly, the revised project includes plaster and fiber cement siding, wood and metal trellises and a larger public plaza with seating and landscaping. Additionally, a central open staircase incorporates a tower element that provides a focal point for the development. The proposed project is architecturally compatible with the adjacent residential building currently under construction.
CU 20-02-
A. The use
app'ed for
at the location
set forth in the application j� properly
one for
which a
Condi 'onal
Use Permit or
Minor Use Permit is authgrized by this
title.
The approved prof t included a 9,750 sf theatre f
and additional 4,750 retail/restaurant use perm
project maintains the po sibi,lty of the same or sin
flexibility subject to tenant ix and availability,7(
potential 9,750 SF theatre mi t occupy.
arsu int to approved CUP 20-02
to by -right. The proposed
r mix of uses with some
revises the building footprint a
B. The said use is necessary or desirable or �e development of the community, is in harmony with the various elements or ectives of the Master Plan, and is not detrimental to existing uses or to use spec ically permitted in the district in which the proposed use is to be located.
The proposed use is consisten with the intent the TODSP for the BVOZ-N area as described in Section 7 B. Resolution No 20-2 The revised project incorporates the same or milar mixture of uses as p viously approved.
C. The site for the intended use is adequate in size and shag to accommodate said use, and for all /ished
that in order to adjust said use to those exists or possible future uses neighborhood.
The site being revised included an existing building t t has since beeto allow for greater flexibility in the proposed and futileusesof the osed new building utilizes a smaller footprint on the site while —156—
creating a 3,483 S ublic Plaza which exceeds the o n space provided in the approved project.
D. The site for the proposed use rela s to reets and highways properly designed and improved so as to carry the type d quantity of traffic generated or to be generated by the proposed use.
The approved project had no or less than signi nt traffic impact as described in Section 7. D of Resolutio o 20-29 and MND 20- The modified project, incorporating similar s and nearly the same building t a, is not expected to generate any incr sed traffic impact than the approved prod t . - End of document-
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