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Rowena Genilo-Concepcion, Planning Manager
Greg James (MMA Architecture) for a time extension and adopt Resolution No. J Resolution approving •
extension with an option to grant an additional 90 -day extension provided - t • • are met for• • Permit
No. CU 21-03 and Development Review Case No. DR -6-21-12018 on properties l• -• at 176 7639 Bellflower Boulevard.
(Continuedfrom•- •
ftestaurants with • _throughcomponents, fuel station with accessory • _ _ • r 3ales, and to allow development on lots that will measure less than 1 .5 acres on properties ocated at 17617�17639 Bellflower Boulevard. The entitlements expired 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 he City Council consider a 90 -day time extension, retroactive to September 26, 20237 Nith an option for an additional 90 -day time extension provided certain conditions are met nstead 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 DO -day time extension will be granted and the applicant will need to complete plan check, :)btain permits, and commence construction by March 26, 2024. i NOW
1790 1 at, r
Dctober 9, 2023 City Council Meeting. The City Council directed Staff to research the Dossibility of including a condition of approval requiring a bond to ensure maintenance of he
property accordance with the vacant lot design standards if e Property ails to develop the site by the deadline.
Staff Report — Time Extension Request
October 9, 2023
RECO
for CU 21-03 and DR 6-21-12018
MENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-43; or
2) Alternatively, discuss and take other action related to this item.
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.
DISCUSSION
• Project Approvals (Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR 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.
-2-
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Fo date, construction plans have yet to be submitted tor building plan cn CK r Tiell. i nu DR and CUP approvals expired on September 26, 2023. On September 8, 2023, the applicant submitted documents requesting a time extension for the project (Attachmeni C). According to the applicant, although the project has been delayed, the property owner ntends pursue _ completion of the • •
_ reas fIS 1U1 Ll IC I.Ilya r
inflation and increases in interest rates. The applicant noted that the property U00sts) 01 interest rates have stabilized
)wner is prepared to move forward with the pr ect since and due to apparent tapering of inflation. In addition, the property owner noted that their �ontracts with the four initial tenants/operators will need to be revised and updated. Lastly, he applicant provided a rough timeline that contains key dates for the project. Based on he rough timeline, construction is anticipated to commence on July 1, 2024.
IN III
3eptember 25, 2023; however, the applicant requested that the item be continued to the City Council meeting. On September 25, 2023, the City Council continued the matter next
IN
o the October 9, 2023 City Council Meeting. In addition, the City Council directed Staff IF 9
o research the possibility of including a condition of approval requiring a bond to ensure IN
the property complies
- Bellflower Municipal•i- (BMC) Chapter 8.40
_• • •:Maintenance ! Properties) •• Owner falls•_
sISdevelop the property by the set deadline.
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is •. � • r '. •: 1 �. s: - �_ :. ,• � .•:. � - a. � � • i �, ' ' � �: _• �• � � �r, • � - � i a _. •. �:. � � • �. r. , ' • ` 1 - -3-
Staff Report — Time Extension Request for CU 21-03 and DR 6-21 A 18 October 9, 2023
ATTACHMENTS
A. Resolution No. 23-43................................................................................................. 5 B. Resolution No. 22-60............................................................................................... 1.1 C. Time Extension and Continuance Requests............................................................ 32 —4—
1111990MAZZA
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 17617-17639 Bellflower Boulevard;
B. On September 8, 2023, the Applicant, Greg James, requested a one-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 were set to expire on September 26, 2023; D. The time extension was scheduled as an item of consideration before the City Council on September 25, 2023;
E. On September 22, 2023, the Applicant submitted a request to continue the item to the next City Council meeting on October 9, 2023;
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 and October 9, 2023 meetings including, without limitation, the staff reports submitted by the Department of Planning and Building Services; and G. This Resolution and its findings are based upon the entire record including information available at the September 25, 2023 and October 9, 2023 City Council meetings.
o
City of Bellflower
Resolution No. 23-43
SECTION two Factual Findings and Conclusions. The City Council finds that the following facts exist:
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 Cmmntinn the time extensinn 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, retroactive to September 26, 2023, 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.
SECTION 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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of - •
lesolution No. 23=43
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SECTION 4. Approval. Subject to the conditions set forth in the attached "Exhibit A," which are incorporated by reference and 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, retroactive to September 26, 2023, 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 10. This Resolution will remain effective until superseded by a subsequent resolution.
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City of Bellflower
Resolution No. 23=43
SECTION 11. Effective Date. This Resolution is I Councs 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.
SECTION 12. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 13. The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTION 14. Recordation. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 9t" DAY OF OCTOBER 2023.
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A _Conditions of Approval
Sonny R. Santa Ines, Mayor
RESOLUTION NO. 23-43 — CONDITIONS OF APPROVAL FOR
TIME EXTENSION REGARDING CONDITIONAL USE PERMIT CASE NO, CU 21=03 AND DEVELOPMENT REVIEW CASE NO. DR -6-21=12018
In addition to all applicable provisions of the Bellflower Municipal Code ("BMC"), DGSG Investment Properties, LLC ("Property Owner"), agrees that he will comply with the following provisions as conditions for the City of Bellflower's approval of the Time Extension regarding 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 this Conditions of Approval use the definitions set forth in the BMC.
1. The Property Owner must comply with the Conditions of Approval from Resolution No. 22-60 Exhibit A, which are incorporated by reference as if fully set forth.
2. A surety, in a form approved by the City Attorney, in an amount equal to $100,000 must be posted by the Property Owner to guarantee the performance of the obligations to comply with Bellflower Municipal Code (BMC) Chapter 8.40 (Registration and Maintenance of Vacant Properties) should the Property Owner fail to meet certain conditions of the time extension as described in Resolution No. 2343. Should the Property Owner fail to meet said conditions, the City may require the sureties to perform the obligations to comply with BMC Chapter 8.40.
3. The effectiveness of this approval will be suspended for the time period that any Project Condition is appealed whether administratively or as part of a legal action filed in a court of competent jurisdiction. If any Project Condition is invalidated by a court of law, the project must be reviewed by the City and substitute conditions may be imposed.
4. The Property Owner must comply with all requirements of this Resolution, the applicable Zone, the BMC, rules and regulations and applicable law, policies and regulations of any State, Federal or local agency with jurisdiction thereof.
5. The Property Owner must sign this Conditions of Approval to acknowledge acceptance within 30 days from the date of approval by the City Council.
6. This decision is not effective until Property Owner acknowledges acceptance of all 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 Property Owner acknowledges agreement with Project Conditions,
7. The Property Owner must reimburse the City for all attorneys' fees expended by the City that are directly related to the processing of the Time Extension.
Construction cannot commence until all attorneys' fees are paid by the Property Owner.
City of Bellflower
Resolution No. 23-43 - Exhibit A
DGSG Investment Properties, LLC ,agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of the Time Extension. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval of the Time Extension, DGSG Investment Properties, LLC , agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Bellflower's elected officials, appointed officials, officers, and employees.
By signing this document, DGSG Investment Properties, LLC ("Property ®caner"), certifies that it has read, understood, and agrees to the Project Conditions listed in this document.
(Property Owner)
(Property Owner)
{If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}
CITY OF BELL LOWER
RESOLUTION NO. 22-60
A RESOLUTION APPROVING CONDITIONAL USE PERMIT CASE NO.
CU 2.9-03 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=6-21-1.2018 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 FOLLOWS:
SECTION 1. Recifa%s. The City Council finds and declares that:
A. an June 1, 2021, Mr. Greg James of McKently IVlalak 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 8,0.00 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 UR application was initially deemed incomplete. Revised application materials were submitted on March 3`, 2022, and on July 11, 2022, the application was deemed complete;
C. The application was reviewed by the Director of Planning a. nd Building Services for, in part; consistency with the General Plan and conformity with the Bellflower Municipal Code ("BMC");
Q.
In addition., the .('.
ity reviewed the Project's environmental %mpacts :under the California Environmental Quality .Act (Public Resources Code §§ 2.1000, 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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City of Bellflower
Resolution No. 22-60
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 regarding 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, Facfual 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 2:0,404 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 Developmenfi for the South Bellflower Commercial Area , with a land use designation of Commercial ("C") in the General Plan, and is currently vacant; D. Tli.e Project Site is accessible from Bellflower Boulevard to the west, an 80'-0" wide right-of=way secondary arterial street anal Cedar Street to the south, a 6014' 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 2.11 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 —12—
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 the 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 far fihe economic revitalization of the area.
Improving the Project Site through prvafie investment is a critical component of the City's overall plan for a thriving City.
SECTION 4. Environmental A�ssessrnent. The proposed Project is categorically exempt from additional environmental revietw under :CEQA 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 and it 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 5. Notice of Exemption. The City Manager,
or de ignee, is directed
to fle a Notice of Exemption in.accordance with CEQA �§ 15562 and any other applicable law.
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City of Bellflower
Resolution No. 22-60
SECTION 6. C.onditionaI Use Permit Findings and Conclusions (restaurants with drive-fhrough components). Pursuant to BMC §§ 17.96.040 (Necessa_ry Conditions Precedent to the Granting of a Conditional Use Permit) and 17,65.020 (General Gbjectives of the DFD), and based upon the findings in Section 3, the4 City Council finds as follows:
A. Pursuant to BMC § 17,65.08.0: "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 A
n 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 Project Site is :adequate in size and' shape to accommodate the proposed_ uses. The proposed height, facade, 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 atreets 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 turno in to the site and only right turns out of the site. Left turns out of the siter 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.
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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 determined that a fuel statipri would be a conditionally it is a use that is compatible with the Project Site's
permitted use in the DFD because
General Plan land user 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. �EGTIaN 8. Conditional Use Per -mit Findings and Conclusions (service station 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 findstthe 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 necessaryand desirable for the development of the community, is `i'n 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 Iodated across the Project Site; within Census Tract No. 5544.05) iG 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 BMC §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 —15—
City of Bellflower -
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 4allow 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
and.
SECTION 9, Gondifional Use Permit Findings .and Conclusions {development an 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 8, the City Council finds the:
following facts .exist:
A. Pursuant to BMC § 17.65.080: "developments on parcels of less than 1.5 acres'r 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 teams 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 U"se 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.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. Than the site for the intended use is adequate in size and shape to accomrrrodate 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. –16–
� .ity of Bellflower
R.esolution No. 22-60
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 usebf common areas between each 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 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.
SECTIGN '10. Development Review Findings and Conclusions. Pursuant to BMC § 17.80.040 (Development Re -view findings), the City i�ouncil finds as follows:
A. '7k
t the proposa,f is consistent with the General Plan and the BIVIC 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 commerc'ia( faciitles fio 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 develb' PM ants which will have a. significant impact on the city or on surrounding developments to ensure the highest quality design).
—17—
City of Bellflower
Resolution No. 22-6:Q
B. .ne 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-WOut 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, co.l.ors, 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 Pods 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 11. 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 Site is "C" (Commercial). Moreover, the p:ropos.ed Project is consistent with the General Plan, as indicated on Sections 6, 81 9} and 10 of this Resolution,
B. The BMC zoning classification for the Project is Design for Development for South Bellflower Commercial Area ("DFD"), which conditionally allows for drive-through facilities, fuel station, via an administrative determination, with accessory off-site alcohol sales, and developments on parcels of less than
1.5 acres..
–18–
City of Bellflower
Resolution No. 2.M0
SECTION 2. 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 Ori 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 Councii'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 note exist. 40ne 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 salve 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. 1f 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. Preservafion. 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 wIII remain in ful[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 this Resolution must be filed within 90 days pursuant to Code of Civil Procedure. § 1094.6.
SECTION 19. Elecfranic, Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be -treated in all respects as having the same effect as an original signature.
SECTION 20, Effective
Date: This Resolution will become effective immediately upon adoption and. remain effective until superseded by a subsequent resolution. —19—
City of Bellflower
Resolution No. 22=60
Rage 10 of 10
S�ttCTION 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, AIVD ADOPTED BY THE CITY COUNCIL. DF THE CITY {)-F [BELLFLOWER THIS 26TH DAY OF SEPTEMBER 2022,
ATTEST:
Mayr, Oc�f iquj�► �ity'Olerk
I H. Berger, Cit�i Attorney
s
ATTAC H M E
Exhibit A - Conditions of Approval
—20—
Ray Dun
n, Mayor
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OFi BELLFLOWER
I, Mayra Ochiqui, City C erk of the .City of Bellflower, California, do 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:
RECUSE:
Council Members -- Hamada, Sanchez, Santa Ines
Council Member
Dated: September 27, 2022
Mayr Och' ui, City`Clerk
City Be flower, California
�SEAL�
Mayor Dunton, Koops
DocuSlgn Envelope 1D: 7CFD.4.OBE EFFO-45.6:.=99EB-CFD457CB3328 RESOLUTION NO. 22-60 " EXHIBIT A.
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT CASE NOS. CoU 21-03
AND
DEVELOPMENT REVIEW CASE NO. DR 6-21-12018
In addition to all applicable provisions of the :Bellflower Municipal Cad e ("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. C -U 21=03 and Development.
Review Case No.
DR 6-2:1-12018 ("P:roject 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 Appro�ral.
1. Th.e 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/o.r 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 App'licant'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 writt en
Conditions of Approval prevail.
5. The effectiveness of this Projects will
be suspended for the time period that any
Condition of Approval is appealed whether administratively or as part of a legal action filed in a court of competent jurisdiction. If any Condition of Approval is invalidated, by a court of law, the Project must be reviewed by the City and substitute conditions may b.e imposed.
6. The Applicant is responsible for ascertaining and paying all City fees including., without limitation, Public Facilities, Park, and Public .Art Frees as required by the BMC.. In addition, the impact fees "established by the Bellflower Unified School District must be with the, requirements of that entity. This condition serves as notice paid in accordance
pursuant to Government Code § 66020(d) that ithe City of Bellflower is imposing development impact fees ("Dffs") upon the Project in accordance with. the Mitigation Fee Act (Government Code §:66:000, et seq.) and the BMC. The applicant is informed that it may protest DIFs in accordance with Government Code § 66.020.
_22_
DocuSign Envelope ID: 7.CFD40BE-EFFO-456F=99E8=CFD457CB3328 City of Bellflower
Resolution No. ;22-60 - Exhibit A.
Page. 2 ,.of 10
7. The Applicant must comply with all requirements of this Resolution, the BMC, policies and regulations of any State, Federal.o.r Focal agency with jurisdiction over the Project;. and any` other applicable law.
8. The Applicant must obtain and maintain a uaiid State Department 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 Conons of Approval, as et °forth beloinr, 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., bu lding plans) substantially comply with the approved plans. Subsfant al conformity is determined by :the Director.
11.This decision is n.ot effective until Applicant acknowledge 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 grarited 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 vu.hich 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, e:tc.fwill render any entitlements granted by this approval null and void. Construction must cease until all requirernentsof this approval. are complied with. Development entitlements may be withheld until violations of the BMC are abated.
� 3. The Applicant must obtain all necessary approvals, licenses and permits and pay all th"e appropriate fees as required by Y before the City issues building permits.
14.The Applicant .must provide a: sheet o
Conditions of Approval. This information
i
the construction plans replicating. these
the City issues a building permit.
must be incorporated into the pians .before
S.The City will :not issue a final certificate of occupancy until the Applicant complies with all Project: Conditions,
� 6.Applicant: must reimburse t
he city-for:all attorneys' fees expended by the: City that are directly related to: the ;processing afi this Project. The. City will _:not_ .issue a Final Certificate of Occupancy or other f incl' occupancy approval _until all attorneys' fees are paid by the Applicant.
DocuSign Envelope 1D 7CFD40BE-EFF0=456F-99E8-CFD457CB3328 City. of Bellflower
Resolution No..22:0 :� Exhibit A
Page.3 of 10
Planning
1 TAR construction equipment: mu t 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 mu-st provide a photometric plan illustrating azero-foot candle light at all property fines.
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.
2�.The Applicant` rnusfi record a. `°Declaration of Covenants, Conditions, 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. th_ a 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-g:rad'ing 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. l.f reasonably required by the Director of Public Works., the Permittee must install trash compactors for each of the proposed trash enclosures.
25.The Applicant must comply with:: the= requirements of Long BA eac'h Transit (LBT) and
the City. Engineer regarding the existing bus stop along Bellflower Boulevard.
26. The existing LBT .bus stop adjacent to the proposed evelopme.nt must be maintained or relocated consistent with the needs of L'BT Bus Operations during construction. decorative perimeter wallalong the westerly property line must be provided. The perimeter wall must be of solid masonry constr..uction, not less than six feet, or more :however, in the .front 10 feet of commercial or industrial than eight feet in height;
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. —24—
DocuSigh Envelope l:D: 7CFD40BE=EFFO-456F499EB=CFD457CB3328 City :of Bellflower
Resolution No. -22.=60i- Exhibit A.
Page.4 .of 10
29. Durin°g 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. 3o.The electrical transformers and vaults must be Greened. 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. The Applicant, its employees and representatives must fully cooperate with lawful directions of public officials, including law enforcement.
33. Signs must b_e po ted at all. entrances and exits. 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 I[quor,. ale, and beer is.prohb'ited.
34. The Applicant must post a sign in a c e.ar 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 m
concerns of the comunity 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 kin_ d or type, including advertising directed to the exterior from within, promoting or indicating the availability of aicon lic beverages. interior displays of.alcoholic beverages which are clearly visible to public %view from the exterior constitute a violation of this condition.
36.AII employees selling alcoholic beverages to patrons .must enroll .in anal 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 :a11 employees hired to .sell alcoholic beverages .must provide evidence that they have either:
a. Completed training from. the ABC, Long Beaeh/Lakewood District Office administered' Leadership and. Education in Alcohol and Drugs PLEAD) 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 ABG licensed proprietors must have confirmed: with the Planning and Building Services: Department, within 1.5 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. —25—
DocuSign Envelope IDO 7CFD40B&EFFD0456E=99E8-CFD457CB33 8 City of Bellflower
Resolution No.:22:= -Exhibi
w t A.
Page.5 of 10
c. Within 30 days of talong 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 :door(s) 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 h -ours upon :notification by the City. Litter on the site and any litter scattered nearby property, streets, and sidewalks must Abe removed daily; Buildin
40.The Applicant must submit a geotechn':cal report with aiquefication results for plan check review.
41. All licensed professionals m'ust� stamp and sign each submittal construction plan sheet.
42.The Applicant must: provide a Sheet Indexthat.lists all sheets (including structural).
43. The Applicant must:provide a :fist of ap,pficable 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 CI a, 6'-0"` and greater).
(i.e., fire sprinklers,
46. The Applicant must provide an overall _site parking plan that includes :all accessible stalls, EV stations, and bicycle racks.
47. The Applicant m-ust provide an egress plans per 'pad. .T
Applicant must provide a: submittal package that includes mechanical plans, electrical plans, and plumbing plans.
49. 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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Bellflower
Resolution No.. 22=60 - Exhibit A.
Page..6 of 10
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, with. out limitation, a list of inspections required by the Geotechnical Report. All inspections required by the Geotechnical Report must be perforrrred 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 se s 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}.
Traffiic Engineering
54. The site plan must k�.e revised. to show the. Location and dimensions of all existing and proposed drive approaches.
55: The site plan must b:e revised to show .all existing: right-of=way improvements. 5fi. Landscape ands hardscape improvemen"ts 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 f routing Bellflower Boulevard mus . be Ndesignated right turn- in/right `turn out only. I he 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 mus# 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 forthe 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 app{icant must. contact the Iocaf water company to de-termineoo the existing fire flow
.rate in 'the Protect 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 bya California licensed civil engineer must be provided: The minimum slope on concrete flow Eines must be x.50%, .Minimum slope on asph-alt concrete or turf must be 1;.0%0. Existing elevations of adjacent property and street flow
DocuSlgn Envelope ID: 7CFD40BE EFFO-456F=99E8-CFD457CB3328 City of Bel_Iflower
Resolution No. 22-6:4 Exhibit A.
Page. 7 -of 10
lines must be shown around the perimeter of the proposed development: All applicable NPD'IES requirements, must be complied with.
=62-. The App_ lIcant. must record Lost Line .Adjustments before the City issues building permits, subject to review and approval by the City.
63. New sidewalk must be consfructed ;per BMC and current ADA standards at _each abandoned driveway apron. Any °sd,ewalk 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 "G-8" �R `'A" Licensed contractor must apply fob a City of Bellflower right-of=way permit to perform; all :listed: right, -o f-way4 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. cape overlay at no less than 2" deep and 3'-0" 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 revsed=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 fine to each featureL described. The section must also show the perimeter. wall/fence height measured on both sides of said wall/fence.
6o
9.Onsite sanitary sower laterals must be constructed to service the property. If a new latera! 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;provi.ded. for each property. Excavation permits with necessary insurance and bonds alre 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 toLthe 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 the BMC. _28_
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Resolution No, .22.40 - Exhibit A.
Page.8 of 10
72. Un -sodded, mounded planters adjacent to public sidewalk must be provided with 6" curbs to :prevent -soil run-off onto -the publ.lc sidewalk. Curbs a.re 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 WiL"IfIt the ,public right�of=way, including placing and removal of traffic control devices, are restricted tothe 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,: mu t 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.
WaterQuality
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 th.e City issues a grading ,permit, the :applicant must file: any required documents including, without limitation, the notice of 'rntent, and :must comply with the permits from the California Regional Water 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 d approval by the City Engineer.
plan for revie�n an
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 City Engineer, that the selected structural treatment controls adequately treat pollutants of concern to a medium or high removal efficiency, and far 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 informat%on, if appli"cable, to demon trate the pollutant removal: efficiency for the Project pollutants and 303(d) listed pollutants (httpV/ 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 -29-
D- ocuSigri Envelope -1D: 7CFD40BE=EFFQ-45:6,F;;99E8-CFD457CB3328 City of Bellflower
Resolution No. '22,6:0 Exhibit A.
Page.._9 .of 10
Maintenance agreement must be :submitted in accordance with the requirements T Order No. R4-2021=0105 Page 57. The'Maintenance Agreement must; be signedi 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-reiated BIVIPs 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.
8.4. Before the -City issues grading permits, ape 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. S.eparate submittals for the fire sprinkler and. alarms plans are requ�ired. Plans must be submitted forreviewand approval, and final inspection is required.
88. A separate subrrii#tal for all UL
30Q compliana. fire suppression systems is required
for all Type 1 cooking hoods. The UL300 compliant system plan must besubmitted 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 instal -led for the storage of used or new cooking oil. The plan imust 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. —30—
Doc iSign Envelope ID: 7CFD.40B& EFFOA5 F=99E& CFD457CB3328 4 City of Bellflow, —
Resolution No. 2246 Exhibit A.
P0.06.10 +0 10,
92, The Appaicant 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 :plain to clarify whether a spr[nkler system is provided for Pad 1.
UVater. Purveyor
94e..Each commercial storefront ortbuilding must have its own dedicated meter (nfl master metering is allowed_) ::and the. onsite plmbing for the Ptojed Must he designed to- accommoda- this. requirement,
Greg James of McKently Malak. Architects lnc., agrees to indemnify arsd hold the City harmless fromcnd against any claim, action, damages, costs (`rncl.uding, without limitation, attorney's fees), `injuries,, or .liability,. arising fr-Qm3 the City's approval of Conditiona'1 Use Permi base Ngo. CU 21-03 and �Develoopment Review Case
hlo, DR &21 A 201& :should tale City be namedn any,suit, or should any- claim be lbrou.g.ht a�gain�st
't by suit oT otherw .whether the same I.e-groundless or riot, arisinn:g ou.Vof'the City approval of Conditional Use Permit Case. No. CU 21 03 ;a:nd :D.evetopMent Review -Case .No. DR 6 21':-120118, 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 Inde nify-the City for any judgment rendered againsf it or any sums paid out irr settlement or otherwise. For purposes of this section the :City" incudes the City of Bellflower s elected Officials-, appointed officiaCs, officers; and employees.
Ey signing. this document, :Greg J'arrres of �Mc�entlyI'�alak. �lrchiteets Cnc. certi�es that it has read, .unders#cod, And agrees- =to the Project Conditions :.listed in this document.
r�OocuSigned by;-
Greg; James ofMcKently M_alak. Architects Inc.
.(Applioan�)
cuTignod by:
(:Property O wner)t
{If Corporation or
srrrilar entity, meed tv�o o�fcer signatures Q;r evidence thiol .one signature biri•ds the company}
—31—
\ /�
.rte
nrchffeMure
September 22, 2023
Ms. Rowena Genilo-Concepcion
16600 Civic Center Drive
Bellflower, California 90706
Reference: 17617 —17639 Bellflower Boulevard Continuation Request MMA Project: 20217MMA
Dear Rowena:
Please accept our apology for not getting back to you earlier. It has come to my attention that we are scheduled to be on the agenda for the City Council Meeting on September 25, 2023. Unfortunately, our client, the property owner, is not available to attend this meeting as it happens to fall on the date of Yom Kippur. We would like to request a continuation to the next City Council Meeting.
Thank you for your understanding.
Sincerely,
MMA Architects
Greg James, NCARB
Principal, Vice President
cc: Jeff Gold
���� ����i� F �¢ou� �v���e�� 6�r��-�a•a�ro�, �.��a g�14�.G� �eI ��� :�d:� �:�G`:3� E���o���eo�eL�i�;�,��a�€�eocora -32-
n
1jr0 ing `rnpet(ier"
CITY OF BELLFLOWER
PLANNING DIVISION
16600 CIVIC CENTER DR.
BELLFLOWER, CA 90706
562-844-1424
www.bellflower.oro
STAFF USE ONLY
RQJECT CASE NO.. RECEIVED BY: ATE:
NERGOV CASE No.: RECEIPT NO.:
ONING: PLU:
Please complete this applicdtian thoroughly and attach all required documentation, Should you have any question regarding how to complete this application, please contact the Planning Division at .562-804-1424.
Check all applicable:
❑
Ivy I t: All pians submitted
Develo
ment Review
p
Zone Chane
❑
GOnditlonal Use Permit
❑
Tentative Map
❑
General Plan Amendment
ElVariance
ElLot
Line Adjustment
[I
Zoning Ordinance Text Amendment
DC
as�
(:other: Time extension request
all
for entitlements must be prepared, and stamped and signed by a licensed design professional. Additional comments/corrections may arise during Building Plan Check that may result in revisions to the plans, and modification of the entitlements.
est: SWG l3ellefilower t3lvd. � Ramona'St., Bellfilower. CA .90706 essor's Parcel Number(s): 7101-012-001, 002, 003 and 040 Prosect Description ! Req,uest (attach additional papas as needed): Time extension request for the following:
Resolution No, 22-00 - Exhibit A; Conditional Use Permit Case Nos. CU 21-03 and 6 Development Review Case No. DR 21 A 2018.
Prosect Valuation (estimates: � Property Size (square feet &acres)'+1-132, 601 S.F. {+/-3.0 Acres) ant !Authorized
James PMMA Architecture
(Gell) (714).335-9104
Ma-iling Address: 120 W. Lime Avenue Email: [email protected] city: Monrovia State: CA Zip: 91016
f Owner! Auth
ant: DG
nt Properties, LLC
_ Te
3940 Laurel Canyon Blvd., # 139, ATT -N: Jeff Gold
(310) 491;5936
[email protected]
_city: Studio City Stater CA Zip; 91604
NOTE; Properties under company ownership (i.e., Corporation, LLC) must provide a Statement of information from C2 Secretary of State identifying the company officers; any application lacking this information will be deemed incomplete.
I, DGSG Investment Propert
ies, LLC , am the property owner for the subject property and have read and understand all statements including the filing requirements on the reverse -side of this application. I hereby authorize Greg ,lames to act as my representative and to bind me in all matters concerning this application. I hereby affirm .under penalty of .perjury that the foregoing statements, facts and attachments are true and correct. I understand that this application for entitlement may be denied, modified or approved with conditions, and that such conditions or modifications must be satisfied prior to issuance of building permits. 1 understand that by filing the application, information on the application including, but not necessarily limited to, the name and address will be included on public records that are posted on the internet.
Propert
y
roject Application
nature Date Applic nt's Sig
Date
Zd?�3
Revised 6/23
-33-
DGSG Investment Properties, LLC
3940 Laurel Canyon Blvd. #139
S'tJ..d io City, CA WOU4
September 6120
City ofBellflowe.r
Planning Division
16600 -Civic Center Drive
Bellflower;.CA 90706
Rowena Genilo=Concepcion
Planning Manager
RE: 17fi17 —17639 Bellflower Boulevard (the "Property") Development of -the Property (the "Project"}
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 far the Entitlements for the Projectf DGSG Investrrient Properties, LLC (the ".Owner"} confirms our desire and Intention.to pursue. the completion of the Project. Unfortunately, the Project ha been delayed due to a number of reasons, includfng: dramatic and unexpected increased costs of construction., inflation in general and many increases in interest rates. With the passage of time, our14 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. 10131/2023: 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 sheII/
Owneer construction.
6/30/2025: Anchor's complete their construction/build out. 7/31/2025.: Anchor's open for business with the public.
Feel freeto confect me via e-mail or cell @ 2:134944
000.
Thank you,
pG5G Investment Properties, LLC
Jeff Gold
-34-