p � LLF,� 0 ���
TOGEE�
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. 2343 —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. (Continued from October 9, 2023)
DATE: October 23, 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 Y- 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 -1 2018 to allow additional time to develop the subject site. Staff recommends the City Council consider a 90 -day time extension, retroactive to September 26, 2023, 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._ The time extension request was initially scheduled for City Council's consideration on September 25, 2023, and at the request of the Applicant, the item was continued to the October 9, 2023 City Council Meeting. During the September 25, 2023 Meeting, the City Council directed Staff to research the possibility of including a condition of approval requiring a bond to ensure maintenance of the property in accordance with the vacant lot design standards if the Property Owner fails to develop the site by the deadline. On October 9, 2023, the City Council took action to continue this item to the October 23, 2023 City Council Meeting.
Page `I ®�' 4 _ 1 _
3taff Report Time Extension Request for CL.L2JaAM.La. ILIA )ctober1
�,•. of
RECOMMENDATION 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 6-27-72078)
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.
11 11 1 , 111 11111111 11 MMM7ATIn
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.
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Staff Report o Time Extens'uan Request for CU 21 m03 and DR 6-21-120°13 ®ct®ber 23, 2023
To date, construction plans have yet to be submitted for building plan check review.
The DR and CUP approvals expired 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.
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, 2024.
The time extension request was initially scheduled for City Council's consideration on September 25, 2023; however, the applicant requested that the item be continued to the next City Council meeting. On September 25, 2023, the City Council continued the matter to the October 9, 2023 City Council Meeting. In addition, the City Council directed Staff to research the possibility of including a condition of approval requiring a bond to ensure the property complies with the Bellflower Municipal Code (BMC) Chapter 8.40 (Registration and Maintenance of Vacant Properties) if the Property Owner fails to develop the property by the set deadline. On October 9, 2023, the City Council continued this item to the October 23, 2023 City Council Meeting. A letter received from Coast to Coast Commercial, LLC, an entity that owns and operates Sonic Drive -In Restaurants, was made part of the October 9, 2023 City Council record, indicating the entity's continued interest in working with the property owner to establish a restaurant at the subject site.
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, retroactive to September 26, 2023, with an option for an additional 90 days provided certain conditions are met, including posting a surety, in a form approved by the City Attorney, in the amount of $100,000 to insure the required improvements and maintenance of the property pursuant to BMC Chapter 8.40 (Registration and Maintenance of Vacant Properties). 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. -3-
Staff Report — Time Extension Request
October 23, 2023
for CU 21-03 and DR 6=21=12018
ATTACHMENTS
A. Resolution No. 23-43................................................................................................. 5 B. Resolution No. 22-60................................................................ man n ........................... 11 C. Time Extension Request and Correspondences...................................................... 32 —4—
CITY OF BELLFLOWER
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. Reciials. 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 aone-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 submitt
ed a request to continue the item
LU the next City Council meeting on October 9, 2023;
F. On October 9, 2023, the City Council took action to continue the item to October 23, 2023;
O. 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, October 9, 2023, and October 23, 2023 meetings including, without limitation, the staff reports submitted by the Department of Planning and Building Services; and
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City of Bellflower
Resolution No. 23-43
H. This Resolution and its findings are based upon the entire record including information available at the September 25, 2023, October 9, 2023, and October 237 2023 City Council meetings.
SECTION 2. Factual Findings and Conclusions. Y 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. 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, 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. ®6-
;1ty of Bellflower
No. 23=43
Resolution
.a
ge 3 of 4
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.
�C�ION 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 3. 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.
City of Bellflower
Resolution No. 2343
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.
SECTION 11. Effective ®ate. 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.
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 23rd DAY OF OCTOBER 2023.
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A s Conditions of Approval
Sonny R. Santa Ines, Mayor
EXHIDIT A
RESOLUTION NO. 2343 — 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, agrees 1H 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, ®GSG Investment Properties, LLC ("Property Owner"), 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}
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CITY OF BELLFLOWER
RESOLUTION NO, 22-60
A RESOLUTION APPROVING CONDITIONAL USE PERMIT CASE NO..
CU 21-03 FOR. THREE RESTAURANTS WITH DRIVE-THROUGH
GOMPONENTS; 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. FOLLOUVS:
SECTION 1. Recifals. The City Council finds and declares that:
A. an June 1, 202i, Mr. Greg James of McKently Malak Architects Lnc,, ("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, an.d 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 QR 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 and Building. Services for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code ("BMC").;
D. In addition, the City 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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City of Bellflower
Resolution No. 22=60
F. Notice of &a Public Hearing was duly given and published in the time, farm, and manner as required by law;
G. 4n September 26, 2022, the City Council held a public hearing to receive and consider public testi mony:and other evidence regarding the Project including, Without limitation, information provided to the City*Council by the Applicant; a:nd.
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,
following facts exist:
Factual Findings and Conclusions. The City Council finds that the 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 multi4enant commercial building, located at 17617-17639 Bellflower Boulevard ("Project Site");
B, The Praject 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 , with a land use designation of Commercial ("C") in the General Plan, and is currently vacant; D, The Project Bite 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 2.11 net new trips (109 inbound and 1+02 outbound)& in the morning peak hour, and 202 net newtrips.(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
Gity 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 wparik, 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 amodern design. The commercial buildings differ in design, material, and color palette, but remain to. be compatible with each other. The commercial buwildingSr 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 I 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 appiicable 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 fihrough private investment is acritical component of the .City's overall plan for a thriving City.
SEGTIO
N 4. Environmental Assessment. The proposed Project is
categorically exempt from additional .environmental review under GEQA pursuant to GEQA 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 wall required utilities and pudic 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 environnient.
SECTION 5, Notice of Exemption. The City Manager,
or designee, is directed
to file a hlotice of Exemption. in:accordance with GEQA �§ 15062 and any other applicable law.
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City of Bellflower
Resolution No. 22-60
SECTION 6. Conditional Use Permit Findings and CV LC USlons (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 § 17.65.080: "drive-through facilities" .are conditionally permitted 'uses,
B. The proposed u.se of restaurants with drive-through components isnecessary 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 efficlently, 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 lmpact 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 advarita.geous 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.
The Project Site relates to streets and. ;highways properly designed and improved so. as :to carry the- type and quantity of traffc 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 DPD area, without negatively impacting the community character of Bellflower:
City of Bellflower
Resolution No. 22-60
SECTION 7. Adrrrinisfrative 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 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, �r/hich lists service station as a conditionally permitted use.
SECTION 8. Conditional Use Permit 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 &f nds the following facts exist:
A, Pursuant to BMC §§ 17�G5,080 -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 Genera( 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 P -tan — 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. - (provide commercial facilities to meet the retail and service needs of the community); and Commercial Policy 1, Implementation Program 1.1 (place commercial land usesalong 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 is 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) i 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 §17:30.010. The proposed Project will develop a porkio.n" of the vacant Project Site with a new fuel station and :convenience store. The proposed Project, in its entirety, incorp.or-ates, 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, decors#IVU 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:
SECTION 9. Conditional Use Permit Findings and Gonclr�sions (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" areconditionally 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 orto uses specifically permitted 1%n 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 th.e 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 rinteract, 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 andp 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 qacres.
City at Bellflower
Resolution No. 22-60
However, because the Project Slte 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 CU.P is appropriate because the Project Site is being developed cohesively, and the use: of common areas- between each lot provides the appearance that the Project Site functions as one large commercial/retail 4development, 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... s 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 a.nd 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..
SECTION 10. Development Review .Findings and Conclusions. Pursuant to BMC � 17.80.040 .(Development Review findings}, the City C,oi,ncilfinds 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, Poli cy 2.2.
(provide iom eircia.1 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 G`o,al 1 (discourage disjoint la.ndd 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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City of Bellflower
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-WOut Restaurant at. 17325: Bellflower Boulevard. In addition, the commercial building design is modern and similar to the recently built commercial buildingswithin 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: environ-ment 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 a-rchitectural 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 Pian — Land Use Element, and the BMC.
SECTION �t'I. General Plan and Zoning, The .proposed Project conforms with the General -Plan and the zoning regulations in the. BMG as follows:
A, The Land Use Designation of the Project :Site is "C" (Commercial). Moreover, the proposed Projecfi is consistent with the General Plan, as indicated on Sections 6, 8, 9, and 10 of this Resolution.
B, The. BM.0 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.
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City of Bellflower
Resolution No. 22-60
SECTI=ON 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 ?i and Jet( rminations 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 findin=gs 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 Enational 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. Seuera�tity. If any part of this Resolution or its applicafiion i`s 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, or liability incurred before, or preclude prosecufiion 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 47. The City Clerk isdirected to mail a c
opy 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. 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 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
SECTION 21. ReCOrdafOn. The Mayo
authorized to affix his signature to this Resolution
Caunol of the City of Bellflower, and the City Clerk,
attest thereto.
r or presiding officer, is h.e:reb_y
signifying its adoption by the City
or her duly appointed .deputy, may
PASSED, APPROVED:, .AND ADOPTED BY THE C(TY COUNCIL OF THE CITY OF BELLFLOWER THIS 26TH DAY OF SEPTEMBER 2022,
ATTEST:
Ma
APPR
H. Berger,
ATTACHMEN'
Exhibit R - C
RM:
Attorney
ditions of Approval
Ray Duntdrt, Mayor
STATE OF CALIFORNIA.
COUNTY OF LOS ANGELES
CITY OF BELLFLOWER
}
}SS
1, Mayra Ochiqui, -City Clerk of the City ofBellflowe.r, 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 ofthe City Council on September 26,. 2.0221 by the following vote to wit:
AYES: Council Members — Hamada, Sanchez, Sanfia Ines
RECUSE: Council. Member - Mayor Dunton, Koops
Dated: September 2T; 2022
Mayr Och" ui, City`Clerk
City f Bel flower, California
(SEAL}
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Dobusign Envelope ID: 7CFD40BE-EFF0 456F=99E8=C17D"457C133328 RESOLUTION NO. 22,6.0 - EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT CASE NOS'. CU 21-03
AND:
DEVELOPMENT'REVIEW CASE NO. DR°6-21-12018
In addition tol all applicable provisions of the Bellflower IViunicipaa Code ( specifically Chapters 17:65 (Design forDevelopmo -t forthe South Bellflower Commercial Area) and 17.9.6 (Conditional U.50 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. &2.142018 ("Project Conditions"),
Unless the contrary isatated 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
1. The Project S=ite must be developed and/or used- in the manner requested and must; be in substantial conformity with the submitted plans date=stamped July 1. 1, 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 pro -posed 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
Al
written Conditions of Approval are in conflicf, the written 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 partofa legal action filed in a court of competent: jurisdiction. If any °Condition of Approval is invalidatedFb.y a court of .law, the Project must'be- reviewed by the City and substitute conditions may be imposed.
6. The Applicant 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 ih accordancewirith the.requirernents of that entity. This condition serves as notice pursuant to Government Code § 6602;0(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 DwIFs in accordance with Government. Code § 66020. .Page 1 .of 10
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Do-cu5ign Envelope ID: 7CFD40BE-EFFO-456F=99E8=CFD457CB3328 =City .of Bellflower
Resolution No., 22=60 Exhibit A
7. Th.e Applicant must .comply with all requireMentsof this' Resolution, the. BMC, ;policies and regulations of any'State, Federal or local agency with jurisdiction overth;e Project;. and any other- applicable law.
8. The Applicant must obtain and maintain a valid State Department of Alcoholic Beverage Control (ABC) Iicense..All conditions.oftheABC license must be maintained at all times and failure to do so will be grounds for revocation.
9. The Applicant must s(gn 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-Ciky will only issue perm -its for thedevelopment whenthe construct(on docuriments (e.g.,, building. plans_) substantially comply with the approved plans. Substantial conformity is determined by the Director.
11.This decision is not effect(ve until Applicant ackno�nrledges. acceptance of all Project Conditions and any appeal period has lapsed,. oor-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 app'ticati,o.n, the Applicant acknowledges agreement with the Conditions of Approval.
12.Anything which is not shown on the appl(cation/plans, or. which (s not specif(call:y 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 Vold, Construction must cease until all requirements of this approval are -complied with. Development entitlements may be withheld until violations of the BMC aret abated.
13. The Applicant must obtain all necessary approvals, licenses and permits and. pay all the appropriate fees as required by the City 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 plans .before
5. The G(ty will not issue a -final certificate of occupancy until the Applicant complies with all Project Conditions.
16.Applicant must reimburse=the city for al(.attorneys' fees expended by the City that are -
directly related to the processing of this Project. The. City will n:ot :issue a Final Certificate of Occupancy or other final occupancy approval until all attorneys' fees are paid by the Applicant.
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Docusign Envelope ID 7CFD40BE: EFFO-456F=99E8=CFD457CB3328 City .of: Bellflower
Resolution No., 22-s0=- Exhibit:A
Planning
17. 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-ofssway without; n :encroachment permit. 18;The Applicant must provide a photometric plan illustrafng a zero=foot candle light at all property lines.
1:9'. 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.
21J. The Applicant must record :a "Declaration of Covenants, Conditions., .and Restrictions" to regulate maintenahce -and repair of the common areas, subject to review and approval by the City Attorney.
21:The Ap'piicant 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 unvestigaLion isd needed to further assess the existence of potentially hazardous materials onsite. The [Director may issue administrative requirements for complying with any Phase II lnvest'igation or mitigation.
24. If reasonably required by the Director of Public VIl:orks, the Permittee must. install trash compactors for each of the proposed trash enclosures.
r. Tho
Appaicant must comply -with the requirements of Long Beach Transit (LBT) and the City Engineer regarding the existing bis stop along Bellflower Boulevard.
26. The existing LBT bus stop adjacent to the
. proposed development must be maintained
or relocated consistent vliith 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 Tess than six feet, or more er.,. in the front 10 feet of commercial or industrial
than eight feet in height; howev
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-
DocuSign Envelope ID: 7CFD4.0BE-EFFO-456F=99E&-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 inform;at o.n for complaints and concerns regarding the Project. The notice mst 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 a:nd Building .Services: Department a: copy license issued by ABC; including the date of issuance,
of the approved alcohol
promptly after approval of the license.
32. The Applicant, fits employees and:. representatives must fully cooperate with lawful directions. of public officials, including law enforcement.
33. Signs must be posted 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 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 mus#exterior advertising of any kind or type, including, advertising directed to the exterior from within, promoting or iridicai.ing 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 -arid .complete a certified training prop -tarn approved by the ABC for the respo'ns'ible sales of alcohol.
The- training must be offered to new employees on not less than a quarterlybasis. 37:Al
ny and all employees hired to sell alcoholic beverages must provide evidence that they .have either:
a. Completed tratn,ing 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:
conflrmed with the Planning and. Buil-ding Services Department, within 15 days or by final Project approval, that a date certain
of the City Council's decision,
has been scheduled with the Local ABC Office to complete the LEAD course. -25-
DoquSign Envelope ID; 7CFD40BE-EFFO-456F=99E8=CF9457CB3328 City- .of Bellflower
Resol.utio.n No., 22-60 Exhibit A.
c. Within 30 days of taking said course; the employees; or responsi;bl:e employer must deliver each required certificate showing�c.ornp.letion to the City and to the Los Angeles County Sheriffs Department LakewoodA 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. Thee Project Site and its i'mmediate 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 4the site .and any litter scattered nearby property, streets, and sidewalks must Abe removed daily.
Building
40.The Applicant must submit: a geotechnical report with lquefication re5u(ts 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 :fist of applicable California Title. .24 Regulations and Bellflower Municipal Code at the time of plan check submittal.
44. The. Applicant must provide the occupancy greup.
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 mechan'rcal plans; electrical plans, and plumbing plans.
49. The Applicant must submit a minimum. of two cross sections with the.location identified .
on the floor p ans for reference.P.
50.The Applicant -must identify the design. criteria of -the proposed construction. 5`1. The Applicant must provide structural calculations with the design profes ional's -stamp and signature.
-2s-
DoGuSign Envelope ID: 7CFD40BE-EFF0=456E=99E8 CFD"457CB3328 City of Bellflower
Resolution No., 22-60 Exhibit.A,
'Age 6of10
52. The Applicant must provide to th.e 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 Reporf. All lnspections 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 tw.o: 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 anal proposed drive approaches.
55.The site plan must be revised'to show all eX'rsting right-of-way improvements.
56. Landscape and hardscape improverrients 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:approactiesfronting 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, side .walk and .drive apron.
59. Before- the City issues building. permits, the applicant must obtain .the fire flow and access requirements for any proposed development:
0. The
applicant must contact the local water company to determine.the existing fire flow rate in the P.roje_ct area_. If the existing fire flow capabilities are below 'the required minimum-+ f 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:�0%. Mini'mu:m slope on :asphalt concrete or turf must be 1.0%. Existing elevations of adjacent property and street flow- -27-
DocuSign Envelope ID: 7CFD40BE-EFF0-456F=99E8.CFD457CB3328 City of Bellflower
Resolution No.. 22=60- Exhibit.A
lines must be. shown around the perimeter of the proposed .development. All applicable NPD!ES 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 mu t be constructed per BMC and current ADA standards ICA abandoned driveway apron. Any sidewalk that is damaged as a result of new construction must be removed and replaced accordingly.
64. All existing drivevuay aprons. fronting Ramona _Street; Cedar :Sureet and= Bellflower Boulevard must be .removed, abandoned. and/or reconstructed per the approved construction plans and must be in conformance -with current Bel lflower'Standard!;plans (BSP -02): and current Americans with Disability Act -(ADA) standards.
35.A "C=8" OR "A" Licensed contractor .must apply for a City of Bellflower 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" d"eep-and 3'4' wide.
67. The site plan :must be revised to show and dimension all existing and proposed perirrreter walls/fences.
68. Thesite plan must. be :revised to include typical sections atthe west'pro-petty line, S°aid section must show the property line; perimeter wall's/fences, adjacent building walls and roof overhangs with dimensions from propertyline to each feature described... The section .must also show the perimeterwall/fence. height measured on both sides of staid wall/fence.
69.On-site sanitary sewer laterals must be constructed to service the property:.lf 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. All utilities-within-the
:Project Site must be placed underground before the City issues a final certificate of occupancy in accordance with the BMC.
DoeuSign Envelope ID: 7CFD40B&wEFF0�456F=9 CFD457CB3328 City of Bellflower
Resolution No,: 22-60 Exhibit A
Page8of10
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: ofw sod.
73. The. contractor must meet with the Gity Public 1Norks lnspecfor before starting any construction within the public right-of-way.
74.A11 work Within the public tight -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., Mond.ay 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 appproval 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_ C'ityssues _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 permit, the applicant must file any required documents including, without Limitation, the notice. of intent, and must comply With the permits from the California Regional Water Quality Control Board.
79. Before the City issue grading. permits,. a Priority Development Project Paan 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 gra-ding permits, the Applicant must demonstrate, to- the satisfaction of the City Engineer- and/or the Gty Planner, that the M�� Permit requirements are met and shown on the Project: plans;.
81.. Before the City
%slues grading permit issuance, the applicant must demonstrate, to the satisfaction of the Director or CityEngineer., that the selected structural treatrne:nt controls adtreat 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 appli.cable,. to demonstrate the pollutant removal efficiency for the Project pollutants and 303(4) listed pollutants (htti):// 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-
DocuSi jn Envelope ID: 7CFD40BE-EFFO-456F-99E8�CFD457CB3328 City of Beliflowe.r
Resolution No., 22'-60 EXhibit A.
Pa.ge9of1.0
Maintenancel agreement must Lm 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 costsas ociated with the review=, installation and/or maintenance I f the. plan and Project-relafed BMPs are the responsibility of the applicant.
83. Before the City issues grading permits, the app cant must include on the Project. plans,. to the satisfaction of the City Engineer, the following information:
Grading Plan Title She.et:' Indicate the Project is a "Priority Development Project," as defined by applicable law.
'b. Maintenance requirements must be listed forall Treatment BMPs. a. All constructed structural BMPs must be clearlyidentified 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 oviner'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 fo.r the benefit of Lot 1 on Lot 2, and for the benefit of Lot 3 on Lot 4.
Fire Marshal
-8:7. Separate submittals for the fire sprinkler and. alarms plans are. required.: Plans must be submitted for review-an,d approval, and final inspection is .required.
88. A. separate submittal for all UL :00
compliant fire suppression: systems is. required
for all Type 1 cooking hoods, The UL30� compliant.system plan must be sub -miffed 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 forage 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:
9.1. Fire extinguishers must°be located and sized per the:
Fire Marshal's direction.
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Decubign Envelope ID: 7CFD40BE-EFFO-456F=99E8-CFD457CB3328 City of Bel_Iflower
Resolution No.. 22=60-,= Exhibit.A
3a;ge10of10
92. The Appiicant must maintain jou.site safety during construction -as per Chapter 3.3 of thea applicable California Fire Code at the time of pian: check submittal.
93. The Applicant must revise the floor plan to clarify iNhether a sprinkler system is. provided for Pad 1:
1Nater Purvexo_r
94. Each commercial storefront or building must.have its own dedicated meter (no. master metering is allowed) arid the onsite plumbing for the Project must be designed to accommodate this requirement.
Greg James of McKently Nfalak -Architects Inc._; agrees to indemnify sand hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or .liabi.lityl arising from the City's approval of 'onditionat Use Permit Case No. CU 2:1-03 an.d Development Review Case No. DR 6-21-12.018. Should the. City be named in. any suit, or -should any claim be: brought against it by suit or otherwise, whether the same be 1groundless 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 anysums paid out. n settlement )rw otherwise: For purposes of this section "the City'' includes the City of Bellflower's e. lecfed offi`cials-, appointed officials, officers, and employees.
By signing th-is da:cument, Greg James of McKently Malak Architects Inc. certifies that it has. read; understood, and agrees to- the Project Conditions Iiste:d in this document.
DocuSigned by
�ayt
c,s
Greg. James ofMcKently Malak Architects. Inc.
(Applicant)
=DocuSigned by:
—o iwvar oo �n.ti�u...
(Property Owner)
{If Corporation or,
similar entity, need two officer signatures :or evidence that .one signature binds the company
-31-
`�C'rotuinj'�iT�rt(rrr'' !-
CITY OF !BELLFLOWER
PLANNING DIVISION
16600 CIVIC CENTER DR.
BELLFLOWER, CA 90706
562-804-1424
b llflower.orq
STAFF_ USE ONLY
ROJECT CASE NO.: RECEIVED BY: ATE:
NERGOV CASE NO.: RECEIPT NO.:
ONING: 4w opiti:
rKU. -tt; I AIJVLI(;P TION.
Please complete this application thoroughly and attach all required documentation. Should you have any question regarding how to complete this application, please contact the Planning Division at 562-864-1424, check all a licable:
Development Review p J Zone Chane ❑ Conditional Use Permit 13 Tentative Map ❑ General Plan Amendment El. Variance
❑ Lot Line Adjustment ❑ I Zoning Ordinance Text Amendment D( Other: Time extension request
NOTE: All plans submitted 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.
Proiect Address(es�: SWG [�elleflower Blvd. &Ramona St ,Bellflower, CA 90706 Parcel Number(s): 7161-p'12-001, 002, 006 and 040
Project Description /request �attaeh additional pages as needE Resolution No. 22-60 - Exhibit A4 Conditional Use Permit Case Nos. C Development Review Case No. DR 6-21-12018.
• Time extension request for the following:
U
21 Project Va{uation (estimate) $ Property Size (square feet & acres):+1 132, 601 S F (+1-3.0 Acres) alicant /Authorized Agent: Greg James (MM/A Architecture) Telephone' (Cel!) (714) 335-9104 it -Inca Address: 120 W. Lime Avenue
Email: gjari`mes@mmaarchitecture com
f; Monrovia State: CA Zip: 91016
Iperty Owner/ Authorized Agent# DGSG Investment Properties, LLC Telephone:(310) 4915936 fling Address: 3940 Laurel Canyon Blvd., ## 139, ATTN: Jeff Gold Email: leffgold996d!vahoo.com _city: Studio City State CA Zip: 91604
NOTE, Propert
ies under company - " I%J,hip k.41491Corporation, LLC) must "provide a Statement of Information from the California Secretary of State identifying the company officers; any application lacking this information will be deemed incomplete.
Q
I� G
SCa Investment Properties, 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_ 1 hereby authorize Greg James to act as my representative and to bind me in all matters concerning this application. I hereby affirm under penalty of perjury .that the foregoing statements, facts and attachments are true and correct. I understand that this application for entitlement may be denied, modified or approved -with conditions, and that such conditions or modifications must be satisfied prior to issuance of building permits. I understand that by filing the application, information on the application including, but not necessarily limited to, the name and address will be included on public records -that are posted .on the internet.
Property
ect Application
-32-
gnafiure
j Date
Applicant's Signature
Date
Revised 6/23
DGSG Investment Properties, CLC
3940 Laurel Canyon. Blvd. #139
Studio City, CA 91604
September 6, 2023
City of Bellflower
Planning Division
16600 Civic.Center Drive
Bellflower, CA 90706
Rowena Genilo-Concepcion
Planni"ng Manager
R� 17617 —17539 Bellflower Boulevard (the "Property"j
Development of the Property (the "Project"}"
Resoluti
on 22-60, CUP 21-03, Development Review Case 1Vo. DR -21-10.18 the "Entitlements"} Project Application for time extension ('"Extension Request") Rowena:
In connection vvith 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 constructi on, inflation in
general band 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 lnterest 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.
1"1/1/2023: Prepare construction drawings.
1/31/2024: Submit construction drawings.
x/1/2024: Receive full plan approval and ready. to
pull permits:
7/1/224: Commence construction.
x/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 e-mail or cell @ 21349
4-1000.
Thank you,
DGSG Investment Properties; LLC
Jeff Gold
-33-
f
►I Ar chiteC. ure
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
�.�� �'iF��� �[Giuu �b�.A�Ea�.�� E�n��aF-��i;�, ��7 �����'�.(i• 1'�l r��C ��� ����3 �i�rr���,Ycizi�:ec�€��e.c®rrt
26400 La Alameda Ste 100 •Mission Viejo, CA 926291 � (949) 680-4300 • (949) 600-7771 fax
October 9, 2023
Elizabeth Corpuz
Rowena Genilo-Concepcio
City of Bellflower
16600 Civic Center Drive
Santa Fe Springs, CA 90670
RE: 17617-17639 Bellflower Boulevard
Bellflower, CA
Proposed Sonic Drive -In Restaurant
Via a -mail
Dear Honorable Mayor and Members of the City Council,
This letter is to notify our continued interest in working with DGSG Investment Properties and the City of Bellflower to develop a Sonic Drive -In at 17617-7639 Bellflower the City of Bellflower.
Coast to Coast currently owns and operates eleven Sonic Drive -In restaurants with over.500 employees.
The Sonic locations include six locations in Orange County, one in Los Angeles County, three locations in Riverside County and one in San Bernardino County. We have been a licensed franchise group with Sonic in the Los Angeles market since securing a Franchise License and exclusive Area Development Agreement in 2007 with Sonic Industries. The Development Agreement includes development rights in Riverside, San Bernardino, Los Angeles, and Orange Counties, California.
We have been working closely with staff over the last several years on trying to find a location for Sonic Drive -In and identified this location as a project that meets all of our criteria for a Sonic Drive -In. We have been under contract to purchase a lot at this location and have received approval from Sonic corporate to bring a new Sonic Drive -Into this project and to the City of Bellflower. We are looking forward to moving the permitting process.
We look forward to the opportunity to bring a Sonic Drive -Into the City of Bellflower. In the interim, please let me know if you have any questions.
Sincerely,
1 Devon Wesselink
Coast to Coast Commercial, LLC
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