sem, OF BELLpx 0 �
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services Rowena Genilo-Concepcion, Planning Manager
SUBJECT: Consideration and possible action to consider a request from Greg James (MMA Architecture) for a time extension and adopt Resolution No. 23-43 — A Resolution approving an initial 90 -day time extension with an option to grant an additional 90 -day extension provided certain conditions are met for Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR -6-21-12018 on properties located at 17617-17639 Bellflower Boulevard.
DATE:
September 25, 2023
EXECUTIVE SUMMARY
On September 26, 2022, Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR 6-21-12018 were approved by the City Council to allow three restaurants with drive through components, a fuel station with accessory off site alcohol sales, and to allow development on lots that will measure less than 1.5 acres on properties located at 17617-17639 Bellflower Boulevard. The entitlements will expire on September 26, 2023. The applicant is requesting a one-year time extension for CU 21-03 and DR 6-21-12018 to allow additional time to develop the subject site. Staff recommends the City Council consider a 90 -day time extension with an option for an additional 90 -day time extension provided certain conditions are met instead of the applicant's requested one-year time extension. Should the City Council approve staff's recommendation, the applicant will need to submit construction plans by December 26, 2023. If the plans are deemed complete by the Director, then an additional 90 -day time extension will be granted and the applicant will need to complete plan check, obtain permits, and commence construction by March 26, 2024.
1) Adopt Resolution No. 23-43; or
2) Alternatively, discuss and take other action related to this item. ®1—
Staff Report _ Time Extension Request for CU 21=03 and DR 6-21 A 2018 September 25, 2023
FISCAL IMPACT
There is no identifiable fiscal impact associated with the recommended action. The applicant submitted all required fees to process this matter.
CEQA STATUS
The time extension is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the project is an administrative action that will not result in direct or indirect physical changes in the environment.. A Categorical Exemption (§ 15332 — In -Fill Development Projects) was adopted by the City Council when CU 21-03 was approved on September 26, 2022.
DISCUSSI®N
• Project Approvals (Conditional Use Permit Case No. CU 21-03 and Development Review Case No. ®R 6-21-12018)
On September 26, 2022, the City Council adopted Resolution No. 22-60 (Attachment B), approving CU 21-03 and DR -6-21-12018 to allow certain conditionally permitted uses and development on the properties located at 17617-17639 Bellflower Boulevard, which is within the Design for Development for South Bellflower Commercial Area ("DFD"). The Development Review ("DR") approval applied to the physical development of the site with five commercial pads - three commercial pads would incorporate restaurants with drive-through components, one pad would incorporate a fuel station and a convenience store with accessory off-site alcohol sales, and one pad would incorporate retail and food uses. Each commercial pad could potentially be sold as separate properties. The Conditional Use Permit ("CUP") applied to the drive-through components, the fuel station use, the accessory off-site alcohol sales, and for each commercial lot to be reconfigured with an area less than 1.5 acres within the DFD.
• Bellflower Municipal Code (BMC)
Pursuant to BMC §§ 17.80.030.F. and 17.96.060, DR and CUP approvals expire one year after the date the project was approved, unless construction has commenced. The BMC authorizes the Planning Agency to grant up to a one-year time extension for the DR and CUP if it finds that there is good cause.
To date, construction plans have yet to be submitted for building plan check review. The DR and CUP approvals are set to expire on September 26, 2023. On September 8, 2023, the applicant submitted documents requesting a time extension for the project (Attachment C). According to the applicant, although the project has been delayed, the property owner intends to pursue the completion of the project.
Staff Report — Time Extension
September 25, 2023
DISCUSSION — Continued
Request for CU 21-03 and DR 6-21-12018
The reasons for the delay include: a dramatic and unexpected_increase in construction costs, inflation, and increases in interest rates. The applicant noted that the property owner is prepared to move forward with the project since interest rates have stabilized and due to apparent tapering of inflation. In addition, the property owner noted that their contracts with the four initial tenants/operators will need to be revised and updated. Lastly, the applicant provided a rough timeline that contains key dates for the project. Based on the rough timeline, construction is anticipated to commence on July 1, 2023. • Staff Recommendation
The applicant is requesting a maximum one-year time extension. Based on the review of the property owner's rough timeline, staff believes the plan check and permit process can be streamlined. To ensure timely development of the project, staff recommends the City Council consider a 90 -day time extension with an option for an additional 90 days provided certain conditions are met. Staff recommends the City Council allow a 90 -day time extension in order for construction plans to be prepared and _submitted to the City. If the applicant submits complete plans for plan check, then staff recommends an additional 90 days for the applicant to complete plan check and obtain permits. Should the City Council approve staff's recommendation, then the applicant must submit for plan check review by December 26, 2023. If the Director deems the plans complete, then an additional 90 days will be granted for the applicant to complete plan check, obtain building permits, and commence construction by March 26, 2024. Should the City Council approve the applicant's request for a one-year time extension, then the new expiration date will be September 26, 2024. Should the City Council not grant any time extension, then the CUP and DR approvals will be considered expired, and the owner will need to reapply.
ATTACHMENTS
A. Resolution No. 23-43..................................................................................................4 B. Resolution No. 22-60 (Findings/Exhibit A)..................................................................8 C. .................................................................... ...............,..34 Time Extension Request.
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CITY OF BELLFLOWER
RESOLUTION NO. 23-43
A RESOLUTION APPROVING AN INITIAL 90 -DAY TIME EXTENSION WITH AN OPTION TO GRANT AN ADDITIONAL 90 -DAY EXTENSION
PROVIDED CERTAIN CONDITIONS ARE MET FOR CONDITIONAL USE PERMIT CASE NO. CU 21-03 AND DEVELOPMENT REVIEW CASE NO, DR -6-21-12018 ON PROPERTIES LOCATED AT 17617-17639
BELLFLOWER BOULEVARD
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1.
Recitals. The City Council finds and declares as follows:
A. On September 26, 2022, the City Council adopted Resolution No. 22-60 approving Conditional Use Permit Case No. CU 21-03 for three restaurants with drive-through components; a fuel station with accessory off-site alcohol sales; for developing on lots that will measure less than 1.5 acres; and Development Review Case No. DR -6-21-12018 to allow for the construction of five commercial buildings on properties located at 17617m17639 Bellflower Boulevard;
B. On September 8, 2023, the Applicant, Greg James, requested cone -year time extension for Conditional Use Permit Case No. Cu 21-03 and Development Review Case No. DR -6-21-12018 to allow additional time to develop the subject site;
C. Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR -6-21-12018 are set to expire on September 26, 2023; D. The Applicant must comply with all conditions of approval from Resolution No. 22-60;
E. This Resolution and its findings are based upon the entire record including information available at the September 25, 2023 City Council meeting; and 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 evidence presented to the City Council at its September 25, 2023 meeting including, without limitation, the staff report submitted by the Department of Planning and Building Services.
SECTION 2. Factual Findings and Conclusions. The City Council finds that the following facts exist:
City of Bellflower
Resolution No. 23-43
A. The City Council adopted Resolution No. 22-60 approving Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR -6-21-12018 to allow certain conditionally permitted uses and development on the properties located at 17617-17639 Bellflower Boulevard, which is within the Design for Development for South Bellflower Commercial Area ("DFD"); B. A time extension request was received from the Applicant citing reasons for the project's delay including: dramatic and unexpected increased costs of construction, inflation, and many increases in interest rates; C. The Applicant indicated on the time extension request that the property owner intends to pursue the completion of the project and is prepared to move forward with the project since interest rates have stabilized and due to apparent tapering of inflation;
D. Granting the time extension will ensure the development of the site with commercial buildings designed to incorporate four-sided architecture that would improve the aesthetics of the area;
E. Developing the project site is crucial for the economic revitalization of the area and improving the project site through private investment is a critical component of the City's overall plan for a thriving City; F. Pursuant to Bellflower Municipal Code (BMC) §§ 17.80.030(F) and 17.96.060, in all cases, the approving authority (e.g., City Council) for good cause shown before the expiration of such time limit, may extend such time limit once for a period of up to one year; and
G. After review of all relevant facts and circumstances before it, the City Council finds and concludes there is good cause to extend the time limit of CU 21-03 and DR 6-21-12018 for an initial 90 days for complete building plans to be submitted to the City for plan check review and upon successful submittal, an additional 90 days will be granted to secure construction permits and commence construction for the project.
SECT'I®N 3. Environmental Assessment. The time extension is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the project is an administrative action that will not result in direct or indirect physical changes in the environment. A Categorical Exemption (§ 15332 — In -Fill Development Projects) was adopted by the City Council when CU 21-03 was approved on September 26, 2022.
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Resolution No. 23=43
SECTI®N 4. Approval. Based on the foregoing, the City Council finds good cause was shown, prior to the expiration of Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR -6-21-12018 to extend the CUP and DR for an initial 90 days for complete building plans to be submitted to the City for plan check review and upon successful submittal, an additional 90 days will be granted to secure construction permits and commence construction for the project. Complete building plans must be submitted by December 26, 2023, and construction permits must be obtained by March 26, 2024.
SECTION 5. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council's intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTI®N 6. 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.
SECTI®N 7. 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.
SECTI®N 8. 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
9. 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.
subsequent resolution.
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This Resolution will remain effective until superseded by a
of Bellflower
., olution • 43
•.
SECTION 11. Effective Date. This Resolution is the City Council's final decision and will become effective immediately upon adoption, and will remain effective unless the action is appealed within ten days pursuant to BMC §17.112.
SECI®N 12. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic i
sgnatures will be treated in all respects as having the same effect as an original signature.
SECTI®N 13. The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTI®N 14. Recordation.
authorized to affix his signature to
Council of the City of Bellflower, ar
directed to attest thereto.
The Mayor, or presiding
this Resolution signifying its
d the City Clerk, or her duly
BELLFLOWER THIS DAY OF SEPTEMBER 20239
ATTEST:
officer, is hereby
adoption by the City
appointed deputy, is
CITY OF BELLFLOWER
RESOLUTION NO, 22-60
A RESOLUTION APPROVING CONDITIONAL USE PERMIT CASE NO.
CU 21-03 FOR THREE RESTAURANTS WITH DRIVE-THROUGH
COMPONENTS; A FUEL STATION WITH ACCESSORY OFF-SITE
ALCOHOL SALES; FOR DEVELOPING ON LOTS THAT WILL
MEASURE LESS THAN 1.5 ACRES; AND DEVELOPMENT REVIEW
CASE NO. DR -6-21-12018 TO ALLOW FOR THE CONSTRUCTION OF
FIVE COMMERCIAL BUILDINGS ON PROPERTIES LOCATED AT
17617-17639 BELLFLOWER BOULEVARD WITHIN THE DESIGN FOR
DEVELOPMENT FOR SOUTH BELLFLOWER COMMERCIAL AREA
("DFD"). APPLICANT: GREG JAMES OF MCKENTLY MALAK
ARCHITECTS, INC.
THE CITY COUNCIL RESOLVES AS FQLLOWS:
SECTION 1. Recitals. The City Council finds and declares that:
A. On June 1, 2021, Mr. Greg James of McKently Malak Architects Inc., ("Applicant"), filed an application and submitted plans for a Conditional Use Permit ("CUP") for three restaurants with drive-through components, a fuel station with accessory off-site alcohol sales, and for developing on lots that will measure less than 1.5 acres; and Development Review ("DR") to allow for the construction of five commercial buildings, ranging from 2,300 square feet to 8,000 square feet, on properties located at 17617-17639 Bellflower Boulevard within the Design for Development for South Bellflower Commercial Area ("DFD
B. The CUP and DR application was initially deemed incomplete. Revised application materials were submitted an March 31 20221 and on JUIy 11, 20221 the application was deemed complete;
C. The application was reviewed by the Director of Planning and Building Services for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code ("BMC");
D. In addition, the C
ity reviewed the Project's. environmental impacts under 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 ("Bellflower Guidelines"; CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations") E. The Director completed review and scheduled a public hearing regarding the application before the City Council —acting as the City's Planning Agency in accordance with BMC § 2.32.050(F) — on September 26, 2022;
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Resolution No. 22-00
F. Notice of a Public Hearing was duly given and published in the time, form, and manner as required by law;
G. On September 26, 2022, the City Council held a public hearing to receive and consider public testimony and other evidence Tegarding the Project including, without limitation, information provided to the City Council by the Applicant; and H. 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 evidence presented to the City Council at its September 26, 2022 hearing including, without limitation, the staff report.
SECTION 2. Planning Agency. Pursuant to BMC � 2.32.050{F), the City Council is acting as the Bellflower Planning Agency for purposes of the Project.
SECTION 3. Factual Findings and Conclusions. The City Council finds that the following facts exist:
A. The Project includes five, one-story, commercial buildings measuring a total of 20,404 square feet, three of which are proposed to be restaurants with drive-through components, one of which is proposed to be a fuel station with accessory off-site alcohol sales, and one of which is proposed to be.._a food/retail multi -tenant commercial building, located at 17617-17639 Bellflower Boulevard ("Project Site");
B. The Project Site is comprised of eight existing lots. The Project Site measures
3.98 acres (173,227 square feet) in total. The Project Site has a street frontage along Ramona Street, Bellflower Boulevard, and Cedar Street. The Project Site is proposed to be reconfigured resulting in five separate lots that would be less than 1.5 acres each;
C. The Project Site is located within the Design for Development for the South Bellflower Commercial Area ("DFD"), with a land use designation of Commercial ("C") in the General Plan, and is currently vacant; D. The Project Site is accessible from Bellflower Boulevard to the west, an 80'-0" wide right-of-way secondary arterial street and Cedar Street to the south, a 60'-0" wide right-of-way, collector street. A Traffic Impact Analysis (TIA) showed that: (1) the Project is estimated to generate 2,815 net new daily trips, with 211 net new trips (109 inbound and 102 outbound) in the morning peak hour, and 202 net new trips (104 inbound and 98 outbound) in the evening peak hour; (2) no mitigation measures are required to address existing or future street or site access; (3) the site provides sufficient vehicle queuing for Pads 1 and 2 at 11 vehicles; Pad 3 at a queuing capacity of six vehicles (the Traffic Study concludes that the design of the drive aisles accommodates this number of vehicles); and (4) the Project is not expected to significantly impact operations on the adjacent roadways or the Project's parking facilities. The site _g_
City of Bellflower
Resolution No. 22-60
is designed to remove substandard access aprons and install new compliant aprons along Ramona Street, Bellflower Boulevard, and Cedar Street; E. The Traffic Study shows that a planned capital improvement project — installation of traffic lights _ will alleviate any traffic impact resulting from the Project;
F. The Project Site is bounded to the north by a bank parking lot and an auto repair center; to the south by a thrift store and a mobile home park, to the west by multifamily residential units and an auto repair center; and to the east by commercial retail uses;
G. The proposed Project will feature a modern design and four=sided architecture.
The buildings are one-story in height and within th-e immediate vicinity are other one-story high buildings. Properties, within the DFD are similarly developed with drive-through restaurants;
H. The Project's architecture features a modern design. The commercial buildings differ in design, material, and color palette, but remain to be compatible with each other. The commercial buildings are designed to incorporate four-sided architecture that would improve the aesthetics of the area. Commercial buildings on Pads 2, 3, and 4, are designed to reflect the respective corporate's prototype architectural design/theme; while Pads 1 and 5 were designed to incorporate a modern architecture that would easily suit future tenants; I. The Project consists of an in -
fill development that is consistent with the
applicable General Plan designation, General Plan policies as well as with the applicable zoning designation and regulations; and
J. Developing the Project Site is crucial for the economic revitalization of the area.
Improving the Project Site through private investment is a critical component of the City's overall plan for a thriving City.
SECTION 4. Environments! Assessment. The proposed Project is categorically exempt from additional environmental revie�N under CEG2A pursuant to CEQA Guidelines § 15332 as a Class 32 In Fill Development Project because the Project Site is less than five acres, surrounded by urban uses and has no value as habitat for endangered, rare or threatened species. The Project would not result in significant effects related to traffic, noise, air quality, or water quality andlit can be adequately served by all required utilities and public services. Furthermore, it can be seen with certainty that no special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the environment.
SECTION a. Notice of Exen7ption. The City Manoager,
or designee, is directed
to file a Notice of Exemption in accordance with CEQA§ 1502 and any other applicable law.
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(Resolution No. 22-60
Page4of'10
SECTION 6. Conditional Use Permit Findings and Conclusions (restaurants with drive-through components). Pursuant to BMC §§ 17.96.040 (Necessary Conditions Precedent to the Granting of a Conditional Use Permit) and 17.65.020 (General Objectives of the DFD), and based upon the findings in Section 3, the City Council finds as follows:
A. Pursuant to BMC 317.65.080: "drive-through facilities" are conditionally permitted uses.
B. The proposed use of restaurants with drive-through components is necessary or desirable for the development of the community. The use of the property is in harmony with various elements or objectives of the General Plan, specifically, General Goal 2. (create a City that functions efficiently, is aesthetically pleasing, and makes the best use of its various resources); General Policy 2.2 (provide commercial facilities to meet the retail and service needs of the community); General Policy 2.7 (carefully scrutinize plans for developments which will have a significant impact on the city or on surrounding developments to ensure the highest quality design); and General Policy 2.8 (encourage rehabilitation or redevelopment of designated commercial and industrial areas). The proposed Project was designed to best comply with the intent and purpose of the DFD and the General Plan. The proposed restaurant uses are advantageous to existing uses as well as uses specifically permitted in the DFD because they can contribute to providing a diverse range of commercial uses along with the drive-through restaurants.
C. The Projecfi Site is adequate in size and shape to accommodate the proposed uses. The proposed height, fagade, length,- roof form, materials, colors and architectural details of .the commercial buildings and drive-through restaurants are compatible with the DFD. Signage for the property will be approved via a Master Sign Program. The site has been evaluated for consistency with existing regulations and determined that it complies with all the DFD development standards. No additional features are required to adjust the uses to existing or possible future uses in the neighborhood.
D. The Project Site relates to streets and highways properly designed and improved so as to carry th.e type and quantity of traffic generated or to be generated by the proposed uses. Lastly, the middle driveway on Bellflower Boulevard would allow for left turns and right turns in to the site and only right turns out of the site. Left turns out of the site at said driveway are not permitted.
The Project will help provide for regional, local, and neighborhood access to and from the DFD area, without negatively impacting the community character of Bellflower.,
City of Bellflower
Resolution No. 22-60
SECTION 7. Administrative Determination. Pursuant to BMC 17.65.060(D), the Director may make an administrative determination as it relates to allowable uses within the DFD. The Director determi
wned that a fuel station would be a conditionally
permitted use in the DFD because it is a use that is compatible with the Project Site's General Plan land use designation of "C — Commercial." Moreover, the General Plan land use designation of "C" generally coincides with the C -G (General Commercial) zone, which lists service station as a conditionally permitted use.
SECTIaN 8. Conditional 1Jse Permit Findings and Conclusions {service statior� with accessory off-site alcohol sales). Pursuant to BMC §§ 17.96.040 (Necessary Conditions Precedent to the Granting of a Conditional Use Permit), 17.65.020 (General objectives of the DFD) and 17.65.060 (Permitted and Prohibited Uses), and in accordance with the findings in Section 3, the City Council finds the following facts exist:
A. Pursuant to BMC �� 17.65.080 and 17.65.060(D): "alcohol sales" and "fuel stations" are conditionally permitted uses.
B. Use of the property as a combination fuel station and convenience store with off-site alcohol sales is necessary and desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses -specifically permitted in the DFD area. The proposed Project is consistent with the following goals and policies of the 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); and General Policy 2.2 (provide commercial facilities to meet the retail and service needs of the community); and Commercial Policy 1, Implementation Program 1.1 (place commercial land uses along major arterials and at nodes where collector streets meet arterials).
The Project Site, as conditioned, complies with the DFD development standards. The proposed uses are advantageous to existing uses as well as uses specifically permitted in the DFD area because they will contribute to providing a diverse range of commercial uses with accessory off-site alcohol sales. Although approval of the CUP for the off-site alcohol sales would increase the number of licenses within the subject census tract, it would not result in an increase of alcohol licenses within the City because an existing alcohol license from 17620 Bellflower Boulevard (property located across the Project Site, within Census Tract No. 5544.05) is proposed to be transferred to the Project Site,
C. The proposed design is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, and similar qualities as specified in BMG §17.80.010. The proposed Project will develop a portion of the vacant Project Site with a new fuel station and convenience store. The proposed Project, in its entirety, incorporates, several site improvements that include, without limitation, a shared parking lot that is accessible via five new driveways (one off of Cedar Street, one off of Ramona Street, and three off of —12—
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Resolution No. 22-60
Bellflower Boulevard), landscaping throughout the Project Site, decorative walls, decorative bike racks, decorative paving, secured trash enclosures, monument and center identification signs, and trellises at pedestrian walkways.
D. The Project Site 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 uses. Lastly, the middle driveway on Bellflower Boulevard would allow for left turns and right turns in to the site and only right turns out of the site. Left turns out of the site at said driveway are not permitted.
The Project will help provide for regional, local, and neighborhood access to and from the DFD area, without negatively impacting the community character of Bellflower.
SECTIC3N 9. Conditional Use Permit Findings and Conclusions (development on lots measuring less than 1.5 acres). Pursuant to BMC §§ 17.96.040 (Necessary Conditions Precedent to the Granting of a Conditional Use Permit), and 17.65.020 (General Objectives of the DFD), and its findings in Section 3, the City Council finds the following facts exist:
A. Pursuant to BMC § 17.65.080: "developments on parcels of less than 1.5 acres" are conditionally permitted uses.
B. The proposed land use for the Project is necessary and desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the district in which the site is located. The proposed Project is consistent with the following goals and policies of the General Plan — Land Use Element and Circulation Element: Land Use General Goal 2 (create a City that functions efficiently, is aesthetically pleasing, and makes the best use of its various resources); Land Use 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); Land Use General Policy 2.2, (provide commercial facilities to meet the retail and service needs of the community); Land Use General Policy
2.8 (encourage rehabilitation or redevelopment of designated commercial and industrial areas); Land Use General Policy 2.12 (develop strong themes Identifying Bellflower as a city of visual and community quality); and Circulation Policy 5.1 (require new development Projects to provide parking facilities consistent with zoning regulation requirements and ensure adequate off-street parking requirements in the zoning regulations).
, C. That 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.
Currently, the total area of the Project Site exceeds the required 1.5 acres. -13-
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Resolution No. 22-6Q
However, because the Project Site will be reconfigured resulting in five lots that have less than 1.5 acres, a CUP was required for the Project pursuant tc BMC § 17.65.080. Although the proposed development would result in smaller lots for each pad, approval of the CUP is appropriate because the Project Site is being developed cohesively, and the use of common areas between e@ch lot provides the appearance that the Project Site functions as one large commercial/retail development, which is one of the reasons behind requiring the minimum lot size of 1,5 acres as stated in BMC Subsection 17.65.100(B) ('A minimum lot size requirement of 1.5 acres... is required for any new development within the DFD Area to encourage larger commercial/retail developments"; emphasis added)). Per the DFD, the subject development encourages access of automobile traffic from the 91 Freeway and from Bellflower Boulevard. As proposed, the development is automobile -oriented with three proposed drive-throughs and the lot can accommodate the proposed development, with a surplus of 60 parking spaces for current and future growth.
The parking lot, as well as the front yard setbacks off of Ramona Street, Bellflower Boulevard, and Cedar Street incorporate landscaped areas.
D. The Project Site relates to streefis and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed uses. Lastly, the middle driveway on Bellflower Boulevard would allow for left turns and right turns in to the site and only right turns out of the site. Left turns out of the site at said driveway are not permitted.
The Project will help provide for regional, local, and neighborhood access to and from the DFD area, without negatively impacting the community character of Bellflower.
SECTIt�N � ®. Development Review Findings and Conclusions. Pursuant to BMC 17.80.040 (Development Review findings), the City Council finds as follows:
A. That the proposal is consistent with the General Plan and the BMC in that the proposed Project is consistent with the following Goals and Policies of the Bellflower General Plan — Land Use Element: General Goal 2, Policy 2.2 (provide commercial facilities to meet the retail service needs of the community), and General Goal 2, Policy 2.8 (encourage rehabilitation or redevelopment of designated commercial and industrial area). The Project Site will be improved with the uses consistent with the goals and policies of the Land Use Element of the General Plan including, without limitation, General Goal 1 (discourage disjoint land use patterns); General Goal 2 (create a City that functions efficiently, is aesthetically pleasing, and makes the best use of its various resources); and General Policy 2.7 (carefully scrutinize plans for developments which will have a significant impact on the city or on surrounding developments to ensure the highest quality design).
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Resolution No. 22-60
B. The Project design is appropriate to the City, the neighborhood, and the lot on which it is proposed in that the Project Site is surrounded by developments that are designed and function similarly which include, without limitation, the Dunkin' store at 17404. Bellflower Boulevard, the existing shopping center at 17600-17630 Bellflower Boulevard, the Belle Fleur Center at 17640-17648 Bellflower Boulevard, and the In -N -Gut Restaurant at 17325 Bellflower Boulevard. In addition, the commercial building design is modern and similar to the recently built commercial buildings within the vicinity.
The building design is functional, but is also unique, pleasant and visually appealing because of various elements were incorporated into the Project including, without limitation, four-sided architecture, wall articulations, mixed building materials, and trellises at pedestrian walkways.
C. The Project design is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, or similar qualities as specified in BMC § 17.80.010. As to materials and color, the Project is a development of a site that involves construction of five commercial structures.
Although the commercial buildings differ in design, material, and color palette, they remain compatible with each other. The commercial buildings were designed to incorporate four-sided architecture that would improve the aesthetics of the area. Commercial buildings on Pads 2, 3, and 4, were designed to reflect the respective corporate's prototype architectural design/theme; while Pads 1 and 5 were designed to incorporate a modern architecture that would easily suit future tenants. The undergrounding of the power lines (proposed and existing), and the removal/relocation of the existing power poles are proposed. The site meets the minimum setback requirements and the building height is one story. These features are compatible with surrounding adjacent commercial uses, and accomplishes the Goals and Policies of the General Plan — Land Use Element, and the BMC.
SECTION 1'I. General Plan and Zoning. The proposed Project conforms with the General Plan and the zoning regulations in the BMC as follows:
A. The Land Use Designation of the Project
the proposed Project is consistent with
Sections 6, 81 g, and 10 of this Resolution.
B. The BMC zoning classification for the Project
South Bellflower Commercial
drive-through facilities, fuel sty
accessory off-site alcohol sale
1.5 acres.
Site is "C" (Commercial) Moreover
. ,
the General Plan, as indicated on
is Design for Development for
Area ("DFD"), which conditionally allows far
tion, via an administrative determination, with
s, and developments on parcels of less than
–15–
Gity of Bellflower
Resolution No. 22-6O
SECTION 12. Approval. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the City Council approves Conditional Use Permit Case No, CU 21-03.
SECTION 13. 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 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 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 15. 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 16. Preservation. This Resolution does not affect any penalty, forfeiture, ar 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 17, The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTION 18. This Resolution is the City Council's final decision and will become effective immediately upon adoption. Any challenge brought to fihis Resolution must be filed within 90 days pursuant to Code of Civil Procedure § 1094.6.
SECTION 19. electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Govern�nent Code X16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 20
. Effective date. This Resolution will become effective immediately upon adoption and remain effective until superseded by a subsequent resolution. -16-
City of Bellflower
Resolution No. 22-60
SECTION 21. Recordation.
authorized to affix his signature to this
Council of the City of Bellflower, and the
attest thereto.
The Mayor, or presiding officer, is hereby
Resolution signifying its adoption by the City
City Clerk, or her duly appointed deputy, may
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 26TH DAY OF SEPTEMBER 2022.
ATTEST:
Ma
APPR�
Oc�fiqu
H. Berger,
ATTACHME
ty`Clerk
RM:
Attorney
ditions of Approval
Ray Dun
r�, Mayor
—17—
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BELLFLOWER
SSS
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, da hereby certify under penalty of perjury that the foregoing Resolution No. 22-60 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Regular Meeting of the City Council on September 26, 2022, by the following vote to wit:
AYES: Council Members —
RECUSE: Council Member
Dated: September 27, 2022
Mayr Och`�ui, City`Clerk
Cit Be�flower, California
v
(SEAL)
—1$—
Hamada, Sanchez, Santa Ines
Mayor Dunton, Kaops
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 RESOLUTION NO. 2260 - EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT CASE NOS. CU 21-03
AND
DEVELOPMENT REVIEW CASE NO. DR 0-21-12013
In addition to all applicable provisions of the Bellflower Municipal Code ("BMC"), specifically Chapters 17.65 (Design for Development for the South Bellflower Commercial Area) and 17.96 (Conditional Use Permits), Greg James of McKently Malak Architects Inc. (the "Applicant"), agrees that it will comply with the following conditions for the City of Bellflower's approval of Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR 6-21-12018 ("Project Conditions").
Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in the Conditions of Approval use the definitions set forth in the BMC.
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 July 11, 2022, 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 Director for review and approval. Any unapproved deviations from the Project approval will 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 eff
ectiveness of this Project will be suspended for the time period that any Condition of Approval is appealed whether administratively oras 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 Applicanfi is responsible for ascertaining and paying all City fees including, without limitation, Public Facilities, Park, and Public Art Fees as required by the BMC. In addition, the impact fees established by the Bellflower Unified School District must be paid in accordance with the requirements of that entity. This condition serves as notice pursuant to Government Code § 66020(d) that the City of Bellflower is imposing development impact fees ("DIFs") upon the Project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.) and the BMC. The applicant is informed that it may protest DIFs in accordance with Government Code § 66020. —19—
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 -20-
City of Bellflower
Resolution No. 22-60 - Exhibit A
7. The Applicant must comply with all requirements of this Resolution, the BMC, policies and regulations of any State, Federal or local agency with jurisdiction over the Project, and any other applicable law.
8. The Applicant must obtain and maintain a valid State ®apartment of 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.
9. The Applicant 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.
10. The City will only issue permits for the development when the construction documents (e.g., building plans) substantially comply with the approved plans. Substantial conformity is determined by the Director.
11. This decision is not effective until Applicant acknowledges acceptance of all Project Conditions 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.
12.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 approval null and void. Construction must cease until all requirements of this approval are complied with. Development entitlements may be withheld until violations of the BMC are abated.
13. The Applicant must obtain all necessary approvals, licenses and permits and pay all the appropriate fees aZ31 HU11%5 d by the City before Y issues building permits.
14. The Applicant must provide a sheet on the construction plans replicating these Conditions of Approval. This informafiion must be incorporated into the plans before the City issues a building permit.
15. The City will not issue a final certificate of occupancy until the Applicant complies with all Project Conditions.
16. Applicant must reimburse the city for all attorneys' fees expended by the City that are directly related to the processing of this Project. The City will not issue a Final Certificate of Occupancy or other final occupancy approval until all attorneys' fees are paid by the Applicant.
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CS3328 City of Bellflower
Resolution No. 22 60 o Exhibit A
Planning
.All construction equipment must be properly muffled to reduce noise levels.
Equipment staging areas cannot be sited on public streets, public alleys, public parking areas or the public right-of-way without an encroachment permit.
18. The Applicant must provide a photometric plan illustrating azero-foot candle light at all property lines.
19. The Applicant must submit a Construction Phasing Plan before the City issues a building permit. The Construction Phasing Plan must be approved by the Building Official.
20. The Applicant must record a "Declaration of Covenants, GondltlonS, and Restrictions" to regulate maintenance and repair of the common areas, subject to review and approval by the City Attorney.
21.The Applicant must remove existing power poles located on the Project Site.
22. The Applicant must revise the landscaping plan to incorporate additional landscaping along the westerly property line off of Cedar Street to match the submitted rendering dated July 11, 2022.
23. Before the City issues a grading permit, the Applicant must submit to the Director a determination of whether a Phase II Investigation is needed to further assess the existence of potentially hazardous materials onsite. The Director may issue administrative requirements for complying with any Phase II Investigation or mitigation.
24. If reasonably required by the Director of Public Works, the Permitfiee must install trash compactors far each of the proposed trash enclosures.
25. The Applicant must comply with the requirements of Long Beach Transit (LBT) and the City Engineer regarding the existing bus stop along Bellflower Boulevard.
25. The existing LBT bus stop adjacent to the proposed development must be maintained oI relocated consistent with the needs of LBT Bus Operations during construction.
27.A decorative perimeter wall along the westerly property line must be provided. The perimeter wall must be of solid masonry construction, not less than six feet, or more than eight feet in height; however, in the front 10 feet of commercial or industrial properties fence height is restricted to 42 inches. Revise the site plan to indicate that all fences/wall, whether existing or proposed, are to match and have a minimum height of six (6) feet, except within the front yard setback.
28. Vehicles associated with the construction of the Project including, without limitation, work trucks of the contractors and their employees must be parked off-street. —21—
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Bellflower
Resolution No. 22-60 - Exhibit A
29. During construction, the Project Site must be posted with a notice containing 24-hour contact information for complaints and concerns regarding the Project. The notice must be approved by the Building Official before it may be posted at the site.
30. The electrical transformers and vaults must be screened.
31.The Applicant must submit to the Planning and Building Services Department a copy of the approved alcohol license issued by ABC, including the date of issuance, promptly after approval of the license.
32. p its employees and representatives must fully cooperate with lawful directions of public officials, including law enforcement.
33. Signs must be posted at all entrances and exifis of the convenience store premises stating that the sale of alcoholic beverages for on-site consumption is prohibited.
Permittee understands and agrees that sales of single serving malt liquor, ale, and beer is prohibited.
34. The Applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding operation of the establishment(s). Said contact's name and phone number must also be available through staff at all times.
35. There must be no 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.
36. All employees selling 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.
37. 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
b. 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 Planning and Building Services Department, within 15 days of the City Council's decision, or by final Project approval, that a date certain has been scheduled with the local ABC Office to complete the LEAD course.
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Bellflower
Resolution No. 22-60 - Exhibit A
c. 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 Sheriff's Department Lakewood Substation.
38. Provide two trash cans outside the front doors) of the convenience store, for customers to dispose of trash. The decorative trash cans must be reviewed and approved by the Director before installation.
39. The Project Site and its immediate surrounding (right-of-way) must be maintained free from debris and graffiti at all times. The property owner must remove any debris or graffiti within 24 hours upon notification by the City. Litter on the site and any litter scattered nearby property, streets, and sidewalks must be removed daily.
Buildin
40.The Applicant must submit a geotechnical report with liquefication results for plan check review.
41. All licensed professionals must stamp and sign each submittal construction plan sheet.
42.The Applicant must provide a Sheet Index that.lists all sheets (including structural).
43.The Applicant must provide a list of applicable California Title 24 Regulations and Bellflower Municipal Code at the time of plan check submittal.
44. The Applicant must provide the occupancy group.
45. The Applicant. must provide a list of deferred submittals (i.e., fire sprinklers, fences/gates 6'-0" and greater).
46. The Applicant must provide an overall site parking plan that includes all accessible stalls, EV stations, and bicycle racks.
47. The Applicant must provide an egress plans per pad.
48.The Applicant must provide a submittal package that includes mechanical plans, electrical plans, and plumbing plans.
19. The
Applicant must submit a minimum of two cross sections with the location identified on the floor plans for reference.
50. The Applicant must identify the design criteria of the proposed construction.
51. The Applicant must provide structural calculations with the design professional's stamp and signature.
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DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Beliflower
Resolution No. 22-60 - Exhibit A
52.The Applicant must provide to the Director and Building Official a Geotechnical Report. The Applicant must comply with any instructions and mitigation measures set forth in the approved Geotechnical Report including, without limitation, a list of inspections required by the Geotechnical Report. All inspections required by the Geotechnical Report must be performed by persons certified for such inspections. All such certifications must be provided to the Building Official. The results of all testing and inspections must be provided to the Building Official.
53. The Applicant must submit four sets of complete plans and two sets of supporting documents at plan check (e.g., foundation plan, framing plan, structural details, Title 24 for each pad).
Traffic Engineering _ _
54. The site plan must be revised to show the location and dimensions of all existing and proposed drive approaches.
55. The site plan must be revised to show all existing right-of-way imprgvements.
56. Landscape and hardscape improvements located adjacent to all drive approaches cannot exceed 42" in height, as measured from the paved driveway surface, to ensure safe vehicular sight distance.
57. The most northerly and southerly drive approaches fronting _Bellflower Boulevard must be designated right turn in/right turn out only. The middle drive approach fronting Bellflower Boulevard must be designated right turn out only. Left turns in from Bellflower Boulevard will be allowed. The drive approaches fronting Cedar and Ramona Streets must be full access.
City Engineering
58. Any existing damaged public right-of-way improvements must be repaired in accordance with Streets and highways Code 5600, et seq. and the BMC before the City issues a final certificate of occupancy. The Property Owner is responsible for the repair and maintenance of curb/gutter, sidewalk and drive apron.
59. Before the City issues building permits, the applicant must obtain the fire flow and access requirements for any proposed development.
60. The applicant must contact the local water company to determine the existing fire flow rate in the Project area. If the existing fire flow capabilities are below the required minimum, the applicant must provide the necessary means for meeting the fire flow rates required by applicable law.
61. A grading plan prepared by a California licensed civil engineer must be provided. 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 -24-
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Bellflower
Resolution No. 22-60 - Exhibit A
lines must be shown around the perimeter of the proposed development. /All applicable NPDES requirements must be complied with.
62. The Applicant must record Lot Line Adjustments before the City issues building permits, subject to review and approval by the City.
63. New sidewalk must be constructed per BMC and current ADA standards at each abandoned driveway apron. Any sidewalk that is damaged as a result of new construction must be removed and replaced accordingly.
64.A11 existing driveway aprons fronting Ramona Street, Cedar Street and Bellflower Boulevard must be removed, abandoned and/or reconstructed per the approved construction plans and must be in conformance with current Bellflower Standard plans (BSP -02) and current Americans with Disability Act (ADA) standards.
65.A "C-8" OR "A" Licensed contractor must apply for a Cifiy of Be(Iflower right-of-way permit to perform all listed right-of-way improvements. Class B (General Building) contractors cannot be approved for permit issuance to perform this type of work within the public right-of-way.
66. Reconstruction of all curb and gutter requires a minimum of 12" wide. adjacent street cut for installation of construction forms and temporary backfill; followed by a final grind and cap overlay at no less than 2" deep and`3'4' wide.
67. The site plan must be revised to show and dimension all existing and proposed perimeter walls/fences.
68.The site plan must be revised to include typical sections at the west property line. Said section must show the property line, perimeter walls/fences, adjacent building walls and roof overhangs with dimensions from property line to each feature described. The section must also show the perimeter wall/fence height measured on both sides of said wall/fence.
69.On-s9
te sanitary sewer laterals must be constructed to service the property. If a new lateral is proposed from the property to the existing sewer main, the minimum lateral size from main to property line is 6". A separate sewer clean out must be provided for each property. Excavation permits with necessary insurance and bonds are required.
70. For any new sewer connections, the Applicant must contact the Los Angeles County Sanitation District and obtain any connection permits. Documentation of said permits must be submitted to the Building Official before the City issues any building permits.
The Applicant must provide documentation from the District that sufficient sewer capacity is provided.
71.A11 utilities within the Project Site must be placed underground, before the City issues a final certificate of occupancy in accordance with a
_25_
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Bellflower
Resolution No. 22-60 - Exhibit A
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.
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 are allowed 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, at his/her cost, must be responsible for the relocation as necessary 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.
Water Quality
77. Before the City issues a grading permit, 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 a grading permifi, the applicant must file any required documents including, without limitation, the notice of intent, and must comply with the permits from the California RegionalWater Quality Control Board.
79. Before the City issues grading permits, a Priority Development Project Plan addressing Best Management Practices (BMPs) must be submitted with the grading plan for review and approval by the City Engineer.
80. Before the City issues grading permits, the Applicant 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 grading permit issuance, the applicant must demonstrate, to the satisfaction of the Director or Cifiy Engineer, that the selected structural treatment controls adequately treat pollutants of concern 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.gov) .
82. Before the City issues grading permits, a Maintenance Agreement in a form approved by the City Attorney outlining the post -construction BMPs must be executed. The -26-
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Bellflower
Resolution No. 22-60 - Exhibit A
Maintenance agreement must be submitted in accordance with the requirements of Order No. R4-2021-0105, Page 57. The Maintenance Agreement must be signed and notarized by the owner, City Manager and City Attorney, and recorded with the LA County Recorder. All costs associated with the review, installation and/or maintenance of the plan and Project -related BMPs are the responsibility of the applicant.
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.
Grading Plan Title Sheet: Indicate the Project is a "Priority Development Project," as defined by applicable law.
b. Maintenance requirements must be listed for all Treatment BMPs. a. All constructed structural BMPs must be clearly identified as such in the Project plans and report, including maintenance operations and maintenance responsibility.
84. Before the City issues grading permits, the applicant must sign the owner's certification form as required by applicable law and embed this document in the Project plans, to the satisfaction of the Director or City Engineer.
85. Before the City issues a grading. permit, the Project must incorporate structural LID practices for the site. The LID practices must consider the site's land use, hydrology, soil type, climate and rainfall patterns.
86.A water quality easement must be recorded for the benefit of Lot 1 on Lot 2, and for the benefit of Lot 3 on Lot 4.
Fire Marshal
87. Separate submittals for the fire sprinkler and alarms plans are required. Plans must be submitted for review and approval, and final inspection is required.
88. A separate submittal for all UL
300 compliant fire suppression systems is required
for all Type 1 cooking hoods. The UL300 compliant system plan must be submitted for review and approval, and final inspection.
89. A separate submittal for flammable/combustible liquids tank installation is required if a tank greater than 60 gallons is to be installed for the storage of used or new cooking oil. The plan must be submitted for review and approval, and final inspection.
90. Egress doors must be operable without)
requiring special knowledge to open them.
91. Fire extinguishers must be located and sized per the Fire Marshal's direction. _27®
DocuSign Envelope ID: 7CFD40BE-EFFO-456F-99E8-CFD457CB3328 City of Bellflower
Resolution No. 22-60 - Exhibit A
92. The Applicant must maintain job site safety during construction as per Chapter 33 of the applicable California Fire Code at the time of plan check submittal.
93. The Applicant must revise the floor plan to clarify whether a sprinkler system is provided for Pad 1.
Water Purveyor
94. Each commercial storefront or building must have ifis own dedicated meter (no master metering is allowed) and the onsite plumbing for the Project must be designed to accommodate this requirement.
Greg James of McKently Malak Architects Inc., 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 Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR 6-21-12018. 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 approval of Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR 6-21-12018, Greg James of McKently Malak Architects Inc. 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, Greg James of McKently Malak Architects lnc. certifies that it has read, understood, and agrees to the Project Conditions listed in this document.
DocuSigned by:
EANVt
Greg James ofMcKently Malak Architects Inc.
(Applicant)
DocuSigned by:
� U
(Property Owner)
If
Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}
_28_
Certificate Of Completion
DocuSign
Envelope Id: 7CFD40BEEFF0456F99E8CFD457CB3328
Status: Completed
Subject: Please DocuSign: City of Bellflower -FINAL Exhibit A of Reso - COAs (Gold) -Amended on 9-26-22.pdf Source Envelope:
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City Clerk
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16600 Civic Center Drive
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16600 Civic Center Drive
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Bellflower, CA 90706
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9/28/2022 9:47:18 AM
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Jeff Gold
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Sent: 9/28/2022 9:56:49 AM
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10/25/2022 5:44:16 PM
10/25/2022 5:44:18 PM.
Timestamps
Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Jeff Gold , Greg James
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) maybe required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will havealhe ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any tune change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper fol7nat, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further,. you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us,
All notices and disclosures will be sent to you electronically -31-
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given is. Thus, you can receive all the disclosures and notices electronically or in paper forinat through the paper snail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request .paper copies of certain information from us, and to withdraw your prior- consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Bellflower of your new email address
To let us know of a change in ,your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery fiom us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an. email to [email protected] and in the body of such .request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may;
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, fall name, mailing address, and telephone number. We do not need any: other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: hqs:Hsupport.docusign.com/iauldes/signer-guide- si grain g -system -requirements.
Acknowledging your access and consent to receive and sign documents electronically T o confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that:
• You can access and read flus Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference an
d access; and
• Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City,of Bellflower.
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D35G Investment Properties, LLC
3940 Laurel Canyon Blvd. #139
studio City, Ca 91fiO4
September 6, 2023
City of Belly'lower
Planning Division
16600 Civic Center Drive
Bellflower, CA 90706
Rowena Genilo-Concepcion
Planning Manager
RE: 17017 —17689 Bellflower Boulevard {the "Property")
Development of the Property (the "Project") 0
Resolution 22--60, CUP 21-03, Development Review Case No. DR -6-21-12018 (the "Entitlements") Project Application for time extension ("Extension Request") Rowena:
In connection with our Extension Request for the Entitlements for the Project, DGSG Investment Properties, LLC {the 'Owner") confirms our desire and intention to pursue the completion of the Project. Unfortunately, the Project has been delayed due to a number of reasons, including: dramatic and unexpected increased costs of construction, inflation in general and many increases in interest rates. With the passage of time, our 4 initial tenants/operators (the "Anchors") for the Project have contracts that all need to be revised/updated. We are now seeing some stability in interest rates and apparent tapering of inflation and we are prepared to move forward with the Project, once the 4 contracts are updated/signed with the Anchors.
Rough timeline:
10/31/2023: Receive extensions of the Project Entitlements. 10/31/2023: Updated/signed contracts with our Anchors.
11/1/2023: Prepare construction drawings.
1/31/2024: Submit construction drawings.
6/1/2024: Receive full plan approval and ready to pull permits. 7/1/2024: Commence
construction.
3/31/2025: Complete shell/owner construction.
6/30/2025: Anchor's complete their construction/build out. 7/31/2025: Anchor's open for business with the public.
Feel free to contact me via email or cell � 2134944
000.
Thank you,
DGSG Investment Properties, LLC
Jeff Gald
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