,r', aF BELLFtoki „
T®: Honorable Mayor and Members of the City Council
FROM: Elizabeth CoI vuz, ®irector of Planning and Building Services ■ • �. r. r •• •�r r • I
ICCII
January 12, 2023, to consider Artesia Enterprises,
of r • Commission
Nonconformity Abatement appeal for automobile sales and automobile repair center on property located at 910M115 Artesia 1•I•
On November 16, 2022, Mr. Eitan Sharaf, on behalf of Artesia Enterprises, LLC ("Appellant"), owner of the property located at 9103-9115 Artesia Boulevard ("Property"), submitted an appeal of the Planning Commission's denial of Appellant's appeal of the City's Notice of Nonconformity Abatement for automobile sales and automobile repair center on the Property. Pursuant to Bellflower Municipal Code ("BMC") Section 17.112.050, upon receipt of the appeal of a Planning Commission matter, the City Council must set the matter for public hearing. The City Council should consider setting the public hearing for January 127 2023 to consider this appeal.
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Nonconformity Abatement for automobile sales and automobile repair center; •
None.
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Staff Report — Artesia E
November 28, 2022
CEQA STATUS
nterprises, LLC's Appeal
The proposed actions are exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; "CEQA Guidelines") pursuant to CEQA Guidelines §§ 15061(b)(3), 15321(a), and 15378(b)(4-5) because they: do not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment, and it can be seen with certainty that there is no possibility that such action may have a significant effect on the environment; involve an enforcement action of a specific use on the Property; and do not constitute a "project" requiring environmental review.
BACKGROUND
On July 210 2022, the Director of Planning and Building Services issued a written Notice of Nonconformity Abatement for automobile sales on the Property and identified that an automobile repair center use was not permitted without a Conditional Use Permit ("CUP").
On August 23, 2022, Appellant filed an appeal of the Notice of Nonconformity Abatement and requested a public hearing be considered by the Planning Commission pursuant to BMC § 17.92.230. On November 7, 2022, the Planning Commission conducted a duly noticed public hearing to consider this appeal and adopted Resolution No. PC 22-16 denying the appeal.
On November 16, 2022, Appellant appealed the Planning Commission's denial of the appeal of the Notice of Nonconformity Abatement.
BMC Section 17.112.050 states:
"Upon receipt of the notice of appeal from a Planning Commission mattVI) the City Council shall set the matter for hearing and give notice in the manner provided for in Chapter 17.108 and notify the appellant and the Planning Commission. Upon the Planning Commission's receipt of notice of appeal, the Secretary shall cause the complete file of the case to be transmitted to the City Council."
-------------------------------- --
It is recommended the City Council confirm receipt of Mr. Sharaf s timely appeal and seta public appeal hearing for January 12, 2023, to consider Appellant's November 16, 2022 appeal. Staff will provide timely public notice per BMC § 17.112.050 and Chapter 17.108.
ATTACHMENTS
A. November 16, 2022 Appeal.................................................................................. 3
6. Resolution No. PC 22-16......................................................................................6 -2-
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Qgd Decisions rendered by Administrative Review and the Design Review Board can be appealed to the Planning Commission, those made by the Planning Commission can be appealed to the City Council. RECEIVED
ego- Fees: For current tees, please consult the planning fee schedule handout. NU 1 0 2022 INFORMATION 0,02
TYPE OR PRINT THE FOLLOWING N CITY CLERK'S OFFI
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NAME OF APPEI..LANT: `
MAILING ApDRESS:
DAYTIME TELEPHONE:
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STREET NUMBER
STREET NAME
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STATE ZIP CODE
FAX NUMBERR e'
TYPE OF APPEAL: (PLEASE CHECK THE APPLICABiLE TYPE OF ACTION) s-
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WiSTRATIVE • PROJECT ADDRESS: ���-� -^ � �`�°�'`�'�
ADM
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DESIGN REVIEW BOARD OR
PLANNING COMMISSION .CASE TITLE:
SPECIFIC REASONS FOR APPEAL: ATTACH ADDI.I IONAL PAGES IF NECESSARY) L cam.
{���'�; TI-IlS APPEAL MUST BE SUBMITTED WIT1-1fN TEN (1Q) DAYS AF"[`ER TI -}E FINAL DETERMINATION OF THE ADMINISTRATIVE OFFICIAL OR ADVISORY BODY. IF THE ACTION TAICEN ON THE APPEAL IS CHAL!_ENGED 1N COURT, THE CHALLENGE MAY BE LIMITED TO RAISING ONLY TE -LOSE ISSUES RAISED AT THE PUBLIC HEARI��lC.e OR IN WRITTEN CORRESPONDENCE DELIVERED TO T1 E PLANNING COMMISSION OR CITY COUNCIL AT OR PRIOR TO THE PUBLIC HEARING.
FOR OFFICE USE ONLY (City Clerk)
DA"{'E SUBM{TIED: FILE IIIc.: RECEIVED B`{:
Effective 07/28/03
16600 Civic Center Drive, Bellflower, Ca, 90705 562-80�-1a?_4 www bellflower.ora or www.Uellflowerbusiness.com -3-
Artesia Enterprises LLC
Good morning, all,
Re: notice of non -conformity abatement (BMC17.92.220}
9103-9115 Artesia Blvd AM # 71b2-016-044 Bellflower CA 90706 In response to your letter of non -conformity dated July 21, 2022, -Single auto repair business (must be in enclosed structure} Tenant has been here for over 20 years operating continuously, with no interruption, and has never received a warning from the city of bellflower code enforcement for his business methods as he was grandfathered in as a legal non -conforming use.
-Auto repair center (CUP required}
Two grandfathered pre-existing tenants before I purchased the property, -Auto sales- new or used (CUP required)
Grandfathered as a legal non -conforming use and has been in use continuously without interruptions until June 2022. Existing active business licenses were filed with the city until refused on June 14, 2022 Kathleen refused to renew the license for Best Buy Quality Cars .com business license #20283 -Auto storage — (CUP required}
Grandfathered as a legal non -conforming use per city officials in 2014, allowed to store vehicles, trucks and existing containers as long as it's on paved land. It has been in use continuously without interruption.
-Auto parts storage (must be stored indoors)
Tenants have been advised.
-Trucking yard and storage (CUP required)
Grandfathered as a legal non -conforming use, previous owner was operating auto and trucking business and it is grandfathered under vehicle and truck storage.
All my new tenants have tried to get business licenses and were refused. I have even received comments from them that "the city has a personal issue with you." We did not voluntarily abandon the use of the permits, the city of Bellflower forced abandonment by refusing to issue business licenses to tenants. We had two active permits, of our tenants went to the city to apply for a business license and was told that the previous tenant needed to be removed prior to adding Best Buy Quality Cars. Once that was completed Best Buy Quality Cars returned in May to apply for a business license which the city refused to issue. Get around auto sales was also still active until September 2022.
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Artesia Enterprises LLC
Re: Auto repair center
All current tenants were preexisting and unlicensed because upon informing them they were required to get city licenses, they went in to apply for business licenses and were told by city officials that they cannot issue a business license because there was an open code enforcement action against us which has also been mentioned by many tenant applicants who spoke with the city.
My schedule
I am available Monday through Friday from 9:30 am to 5:30 pm I lost my dad on April of 2022.
From 6o45 am to 8:45am and from 6:15 pm to 8:20 pm I am at temple for praying this will continue until mid-April 2023
Eitan Sharaf
Managing Member
desi�[email protected]
(213) 923-1700
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Q RL OLU 91 UJM' O� SHE pL„b"IHMQBMO COGU9WHQ�IrI)0UAl )Ir H rd [a `k QH 9 V OQ= �'ELLG LOVWER a ENYING AVA APPEAL „ p LICA ITIO A G=ROGbl C TAN H ,,GAF (REP ESEHT MG ARTES „ E ATERP SES, LLC) OF A
dOT CL OF NIONC OGAFORGufQQTY ABATEMENT FOR A MTOMO o QLE SALES ASID AUTOMOBILE REPAQR CEVITER 0G1 PROPERTY
LOCA TECH AT 9103=9115 ARTES A BOULEVLAN RDO
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. �ecital�. Thelanning Commission f nds and declares that:
A. ®n July 21, 2022, the ®tractor of Planning and building services ("®tractor") issued a written Notice of Nonconformity Abatement for automobile sales on the property located at 91039115 Artesia Boulevard pursuant to Bellflower Municipal Code ("BiVIC") Section 17.92.220. The written Notice also identified that an automobile repair center was` riot permitted on the property without a Conditional Use Permit ("CUP");
ofNonconformity i'i`i for automobile sales and the determination automobile
o .. i t - not an allowed use on theproperty, i
requested a public hearing be considered by the Planning Commission pursuant to BMC Section•
C. The application was reviewed by the director for, in pari, conformity with the SMC;
L�. The proposed action is exempt from review under the California �nvironrnental duality Act pursuant to 14 Cal. Code of Regulations S15061(b)(3), 15321(x), and 15375(b)(4-5) because it does not involve any commitment to a specific project which could result in a potentially significant impact on the environment, It involves an enforcement action of a specific use on the property, and it does not constitute a "project" that requires environmental review; IIIIItuaffl,17151 MM
On November 7, 20
�.
22, the Planning Commission held a public hearing to
receive and consider public testimony and other evidence regarding the Appeal including, without limitation, information provided to the Planning Commission by the Appellant; and
Page I of 4
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los Dut'gon
page 2 of 4
PlanningThe Commission considered aInformationprovided • 1 limitation,Assistant City Attorney, public testimony, and the Appellant. This Resolution, and its findings, are made based upon the evidence presented to the Planning commission at its October 3, 2022 and November 7, 2022 hearings including, without the
staff report.
6LU�'p©�`� �. FaCL at Findings anal Corsclusion�. the Planning ornrnissi®� finds that the following facts exist:
Boulevard within the M�l (Light Industrial)zone, Multiplebusinesses have operated on the property, including without limitation, automobile automobile repair and automobile storage.
automobile repair shops within one (1) complex." City records do not show th there was a legal automobile repair center on the property and therefore, i ther is o legal nonconforming use abandonmentto consider and the use is n permitted on the property without a P
lot 33 as (tan open area or building used for the display, sales or retail of new or used automobiles and trailers and iii - Section 1 •
structures,requires a CUP for automobile sales.
• parcels - ywere r r• ~•
*ded before the adoption or amendment of this Code, b
which would be prohibited, regulated, or restricted d
terms of this Code or its amendments," Business license records Indicate th an automobile sales and automobile repair uses existed on the site prior 1 enactment of the current zoning restrictions In December 1997 and Decemb „- a•thereforeoperating under a 'icenonconforming"
f i •.
that time.
eighty80 days or ! _ bere-established
There has been only one i -•: automobile :,abusiness
operating on the Property in the past 10 years, but that business discontinued all automobile sales activities in or around 2016. The last known time that more than one automobile repair shop lawfully operated on the Property (amounting to an automobile repair center) was approximately in 2009. Accordingly, both automobile sales and automobile repair center uses have been abandoned by inuous period of one hundred eighty
virtue of a lack of operations for a conti
i days or more.
Cud of Be VDovuev
1830duiuoon AGO 22=16
ago 3 of 4
the Property, but did not have required California state licenses or a City business license to lawfully conduct such business activities are not considered • i^ operating ^Propertyi i •legal
nonconforming
determines • automobile• s ^ ^ a •.thesubject
property should be abated pursuant to Resolution Section 3, below, 'hat any legal nonconforming auto sales and automobile repa determines I
center uses on the property have been abandoned under BMC § 17092w 11 and, therefore, the nonconformities cannot be used in their present condition I i' the NonconformityAbatementfor
automobile sales and automobile r
iereby denied, and the Appellant must immediately abate the auto sales and automobilt repair center uses an the property subject to the Appeal. ��CT00�� �. ��viron�►e�tal Assessn�enf. The proposed action is e��empt from review under the California Environmental Quality .Act pursuant to 14 Cal. Code of Regulations §§15061(b)(3), 15321(a), and 15373(b)(4-5) because it does not involve any commitment to a specific project which could result in a potentially significant impact on the environment, it involves an enforcement action of a specific use on the property, and it does not constitute a "project" that requires environmental review. )oth oral and written, contained in the entire record relating to the Appeal. The findings is determinations •!.•^ •et findings and determinations of ^ imitations:11anning Commission in all respects and are fully and completely supported by ubstantial evidence in the record as a whole.
valuating an Appeal that absolute and perfect knowledge of all possible aspects of the [kppeal will not exist. One of the major limitations on analysis of 'the Appeal is the Planning Dommission ) s lack of knowledge of future events. In all instances, best efforts have been nade to form accurate assumptions, Somewhat related to this are the limitations on the ity's ability to solve what are in effect regional, state, and national problems and issues, Fhe City must work within the political framework within which it exists and with Lhe SECTIO 172 Severability. If any part of This Resolution or 1 I its application is
hat such invalidity will not affect the effectiveness of the remaining provision or o)pplication and, to this end, the provisions of this Resolution are severable.
X
=02y of Be�afdov4sr
1830 u, uon Aoo 22mii s
Dago 4 of 4
SECTIO A 8. Preservation. I his Resolution does not ailect 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.
ipon adoption and remain effective until superseded by a subsequent resolution.
SECTION 10a, The Planning Commission Secretary Is directed to mail a copy of his Resolution to the Appellant and to any other person requesting a copy be appealed within ten
ind written order, pursuant to BMC 17.92,240(A), and may N%alendar days after its adoption, pursuant to BMC § 17.92.240(C) and 17.112, All appeals within this time period. Failure to file a
nust be in writing and filed with the City Clerk I
imely written appeal will constitute a waiver of any right to appeal.
III! 111FIE111WHIN
ion
...o n's final decision and will become effect
uthorized to affix his signature to this Resolution signifying its adoption by the Planning ii
1 of _ 1
lectronic signatures in accordance with Government Gode S16,z). bucn e 3ignatures will be treated in all respects as having the same effect as an original signature. pla�QED, ApFO P©%EDP AC.I a ia\ ®®P TEin BY T HE pLAM A A G C 0 M DWOS S 10H 0 F rHE C TY OF BELL LOWER CHIS I U) --NY CA= h\!UV9�tcDDUG3 r -u Corpuz, Secretary
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