Gl OF BELLFLOw�Staf 1 R
q 3=A
GR�wnvc roGEti� eport
TO: Honorable Mayor and Members of the City Council
FROM: Wendi Morse, Council Member
SUBJECT: Consideration and possible action to reconsider Planning Commission approval of Conditional Use Permit Case No. CU 23-03 modifying Conditional Use Permit Case No. CU 86-28 by converting an existing full -service carwash to an automated express carwash within the General Commercial ("C-G") zone on property located at 14755 Bellflower Boulevard / 9765 Somerset Boulevard (the "Subject Property").
DATE: April 22, 2024
EXECUTIVE SUMMARY
On April 1, 2024, the Planning Commission unanimously adopted Resolution No. PC 24-03 approving the conversion of an existing full -service carwash to an automated express carwash on the Subject Property, with modified conditions.
BMC Section 17.112.020 allows any decision by the Planning Commission to be appealed to the City Council. In addition, any decision of the Planning Commission granting or denying a Conditional Use Permit may be ordered by the City Council to be set for a de novo hearing before itself pursuant to BMC Section 17.112.070(A). 1 request that the Planning Commission's decision to approve Conditional Use Permit Case No. CU 23-03 be reviewed by the City Council at a future public hearing that would be held de novo.
The City Council would need to issue an order to set the matter for a de novo hearing within 10 days after written notice is given to the applicant of the decision of the Planning Commission per BMC Section 17.112.070. A written notice of the Planning Commission's decision was provided to the Applicant on April 16, 2024. Should the City Council decide to reconsider the Planning Commission's decision regarding Conditional Use Permit Case No. CU 23-03, the de novo hearing would need to be set for a future date.
RECOMMENDATION
1) Consider my request to consider the Planning Commission approval of Conditional Use Permit Case No. CU 24-03;
2) Provide direction to staff on whether to schedule a de novo public hearing; or 3) Alternatively, discuss and take other action related to this item.
ATTACHMENTS
A. Resolution No. PC 24-03
B. April 1, 2024, Planning Commission Staff Report
-1-
CITY OF BELLFLOWER
A RESOLUTION APPROVING CONDITJONAL USE PERMIT CASE NO. CU 23-03 MODIFYING CONDITIONAL USE PERMIT: CASE NO, CU 86-28 BY CONVERTING AN EXISTING: FULL -SERVICE CARWASH TO AN
AUTOMATED EXPRESS CARWASH WITHIN THE GENERAL
COMMERCIAL ("C-G") ZONE ON: PROPERTY LOCATED AT 14755
BELLFLOWER BOULEVARD: / 9766 OMERSET BOULEVARD.
APPLICANT: SEAN NOURANI ARCHITECT.
Cog I
SECTION 1. Recitals. The Planning:, Commission finds and declares that,* P.- 0 0 ----
A. On May 24, 2023Y Sean Nourani Architect, ("Apiplicant.") filed an, application and submi,itted, plans for a Conditional, Use Permit, ("GUP") to allow for the conversion of an existing full -service carwash to an. automated express car wash (the "Pr0"'ect"). The CUP application was inniall'y deemed incompliete. 1 O, . n March 12, 2024, the Applicant submitted revised plans"; and on March12,, 2024, the application was deemed complete;
B
-n
s ' d . The application was reviewed by the City Department ofFlan a Bufldi`ng Serviices for, in park, consistency with the General! Plan and' conform!,ity, with the Beilflower; Municipal Code ("'13MC");
I"s environmen; al impacts, under the
G. n addiit n, the City reviewed, the Pr ,.,ect
California Envi�ron,mental' Quality Act,- (Public Resources Code, 21000,- et se,q., "CEQA"),,., the: reguiations p roimiulgated thereunder (14, Call. Code of eguiation5R 000, et seq,,,,. the, "CE.QA Gulidelines," and the, C s, §§1: ity's Environmental. G-ulidefines ("Bellflc r Guid-etines; GEQA,, CE.QA Guidetmes, and Bel'iflower Guidelines, collectively, referred to as "CEQA,, Regul'ations") D. The Department of Planning and Building Servibes completed its review and. cheduied a public hearinregarding -c "ng the appapplicationbefore this Pianning sg
Commission on April 1, 2024;
En was duly given and . notice of Public Hearing before the Planning Commiissi o published in: the time, form, and: manner as required by law, F On April 1, 2024, the Planning! Commission opened a public hearing to receive and consider public testimony and other evidence regiard.ing the Project including, without limitation information provided to the Planning Commission by the Applicant; and
If
G. The Planning Commission considered, the information provided by City Staff, l
public testimony, and the Applicant. This Resolution, and its findings, are made based upon the evidence presented to the Planning Commission at its April 1 2024 hearing including, without limitation, the staff report submitted by the Director of Planning and Building Services.
U
City of Bellflower
Resolution No. PC 24-03
SECTION 2. Factual Findings and Conclusions. The Planning Commission finds that the following facts exist:
A. The Applicant seeks approval of a CUP to allow the conversion of an existing full -service carwash to an automated carwash located at 14755 Bellflower Boulevard / 9765 Somerset Boulevard ("Project Site");
B. The Project Site is accessible from Bellflower Boulevard to the east, an 80-foot wide secondary arterial street; Somerset Boulevard to the south, an 80-foot wide secondary arterial street; and from Blaine Avenue to the west, a 60-foot wide collector street;
C. The Project Site is located within the G-G zone, with a land use designation of Commercial (" C") in the General Plan;
D. The Project Site is bounded: to the north by multi -family dwellings located within the Multiple Residential Planned Developed ("R-3 PD") zone; to the south, by a multi -tenant commercial building, single-family and mufti -family residential units within the C-G zone; to the west by a multi -tenant commercial building within the C-G zone; and to the east by a multi -tenant commercial building within the C-G zone; and
E. The Project Site measures 30,210 square feet (0.69 acres) in area and is currently developed with a 5,620-square foot carwash building, and a 519- sq,uare foot restaurant.
SECTION 3. Environmental Assessment. The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal.
Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guidelines § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and fagade improvements to the existing structures. Accordingly, this activity is exempt from further review.
SECTION 4. Notice of Exemption. The Director of Planning and Building Services, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other applicable law.
SECTION 5. Conditional Use Permit. Pursuant to BMC § 17.96.040 (Necessary .Conditions Precedent to the Granting of a Conditional Use Permit) the Planning Commission finds as follows:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the BMC. Pursuant to BMC § 17.44.030(A)(16): "Carwash (automatic, mechanical, hand -operated, or self - serve), including those facilities that are accessory to gasoline service stations" is a conditionally permitted use within the C-G zone.
-3-
C*Ity of it
Beliflower
Resoluti"on No. PC 24-03
B. The proposed, upgrade of the existing carwash from full -service to automated is, necessary or desirable for the development of the community. The use i in harmony with various elements or objectives of the General Plan, specifically, General Policy 2.2 (Provide commercial facilities to meet the retail and service needs of the community); and General Policy 2.8 Encourage rehabilitation or redevelopment of designated commercial and industrial areas). The Project is conditioned to provide a fagade, upgrade to meet the 'Intent of General Policy
2.7 (Carefully scrutinize plans for? developments whic'hT will have a sig'nificant impact on the: city oron surrounding developments to, ensure the highest quality design). Any potential detrimental *Impacts posed, by the use have been addressed in the Project Conditions. Therefore, the proposed use will not be detri-mental, to the existing uses in the vicinity.
C. The Project.- Site is, adequate in size and shape; to, accommodate the proposed use,, and. its design is: appropriater to the city, the ne'ghborhood', ancIthe lot on 62-
which it is- proposed.. The Project Site is currently developed with a, 5, 0 square, foot, restaurant., The restaurant
square foot carwash building and a 5:19,
oximately 1, 1127 square. feet, of the
is proposed to be demolished and appr
ing;, was D!uift
p,
carwash; buildiing: is, proposed to be m deolished. The subject build' aindards, atthat filme., Although
i',n 1964,, which complied with the development. st
r longer complies with,. current setback requirements
it
the, su�bject buiadin�g�no
ft
maintMs a, its legal nonconformi'n status and, does not need to compl�y wit setback re q,utrements because it is not, being substantially remodelled (BIVIC. §17.92. 130).
D. The Project Site relates to streets, and hi fiways properl' designed'. a,n;,-4' 9' Y
�ed, or,
improved so as to. carry the type, and quantity of traff ic gen erat to be iin
�e
generatedby the proposed use., The Project Site i,s accessibi1e, asi d' scribed pared by a
Section 2.. A. project trip generation and: queuing an, ysis. pre fit,censed trafflic, engineer was submitted. The analysts concludes that. suffici,ent A�. X _ Jr
It
on -site vehicle queuibg caplacity and' on -site vehicle c"Tcull i'o:n is provi eu.
Lastly, the, proposed use, is not, anticipated' to generate any substantial traffic r thus,, City
that � would ca,u,se adverse impact on the, surrounding properties, t ! iI
Traffic Engineer did; not require a Traffic Impact Analysi�s to be. prreparedl.
SECTION 6. General Plan and Zoning. The proposed: Project, conforms with the Generall Plan and the zoni-ng reg13is ulations in the as. follows..
A. Thy- General Plan Land Use Designation of the Project Site. is "C" Project is consistent with: the General
(Commercial). Moreover, the proposed
Plan, as indicated in Section 5.
i -G, which conditionally allows
B. The B,MC zoning classification for the Project is C
for car rashes (automatic, mechanical, hand -operated, or self -serve).
SECTION 7. Approval., Subject to the conditions listed on the attached "Exhibit AaCorr" which is incorporated by reference, the Planning mission approves Conditional Use Permit, Case No. CU 23�03.
City of Bellflower
Resolution No. PC 24-03
SECTION 8. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the Planning Commission'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 9. 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 Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 10. Limitations. The Planning Commission'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 Planning Commission'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 11. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the Planning Commission 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 12. 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 13. The Planning Commission Secretary is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
SECTION 14. Appeal. This Resolution may be appealed within ten calendar days after its adoption, pursuant to BMC §§ 17.96 and 17.112. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right to appeal.
SECTION 15. Effective Date. Except as provided in Section 14, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption and remain effective until superseded by a subsequent resolution.
SECTION 16. 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. -5-
A"I W
t.;fty of Belfflower
Resolution No. PC 24-1
SECTION 17. Recordation. The Planning Commission Chairman, or, presiding officer, is lanauthorized to affix its signature to this Resolution signifying its adoption by the j0%. i aPnIngL-;ommssion of the City, of Bellflower,, and the Planning Commission Secretary, or its duly appo:inted deputy, may attest.
PASSED, APPROVED, AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF'BELLFLOWER THIS Ist DAY OF APRIL 2.024.
RObert, W'l!,Is,: Cha*trm,an:
ATTEST:
A. I
171
E111*1zaWh- Oba, Secretary
Exh:ib:i,t A - Proj[ect Conditions
B
EXHIBIT A
RESOLUTION NO. PC 24-03 — PROJECT CONDITIONS FOR
CONDITIONAL USE PERMIT CASE NO. CU 23-03
In addition to all applicable provisions of the Bellflower Municipal Code ("BMC"), Sean Nourani ("Permittee"), agrees that he will comply with the following provisions as conditions for the City of Bellflower's approval of Conditional Use Permit("CUP") Case No. CU 23-03 ("Project Conditions").
Unless the contrary is stated or clearly appears, from the context, the construction of words and phrases used in the Project Conditions use the definitions set forth: in the BMC.
Standard Project Conditions
1. The Project Site must be developed and/or used in the manner requested and must be in: substantial conformity with the: submitted architectural plans date -stamped March 12, 2024,,business description date -stamped October 10, 2023, grading, equipment, and vacuum plans date -stamped August 16, 2023, 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 Project Conditions, are binding upon Permittee's successors in interest. The Project Conditions 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 Project Conditions must be submitted to the Director of Building and Planning Services ("Director"). The Director may approve minor deviations and may refer any and/or all proposed deviations to the Planning Commission for review, evaluation, and approval or denial.
Any unapproved deviation from this Resolution is a violation of these Project C ft
ond:1 ions.
4. When; exhibits and/or Project Conditions conflict, the written Project Conditions prevail.
5. The approvals conferred by this Resolution will be suspended for the period that any Project Conditions are appealed whether administratively or as part of a legal action filed in a court of competent jurisdiction. If any Project Conditions is invalidated by a court of law, the Project must be reviewed by the City and substitute conditions may be imposed.
6. The Permittee must comply with all requirements of this Resolution, the BMC, policies, and regulations of any State, Federal or local agency with jurisdiction over the Project, and any other applicable law.
7. The Permittee must sign the Project Conditions, as set forth below, to acknowledge acceptance, within 30 days from the date of approval by the Planning Commission.
8. This decision is not effective until Permittee acknowledges acceptance of all Project Conditions, and any appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal. By use of the entitlements granted by a development application, the Permittee acknowledges agreement with the Project Conditions.
City of BeIlflower
Resolution No. PC 24-03 - Exhibit A
9. Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this, section, is not approved. Any application and/or plans which are defective including, without* limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, etc., will render entitlements granted by this approval null and void. Construction must cease until all requirements of this approval are complied with. Development entitlements may be withheld until violations of the BMC, are abated.
10. The Permittee must provide a sheet on the construction plans with the City of Bellflower signed Resolution stating the Project Conditions as adopted by the Planning Commission. The information must be incorporated into the plans before the City issues a construction permit.
11. The City will not issue a certificate of occupancy before the Permittee demonstrates compliance with all Project Conditions.
12. The Permittee must contact the Director, or designee, to arrange one or more site inspections as necessary to ensure that Permittee has complied with all Project Conditions before exercising any of the rights conferred by this Resolution.
13. The Permittee must reimburse the city for all, attorneys' fees expended by the City that are directly related to the processing of this Project. All attorneys' fees must be paid before commencement of the rights conferred by this Resolution.
Planning
14. Unless otherwise stated herein, the Permittee must comply with Conditional Use Permit Case No. CU 86-28 and Resolution No. PC 86-88, including, all conditions of approval.
15. The Permittee must maintain the architectural theme along the southern property line, including, without limitation, the building fagade, to the satisfaction of the Director of Planning and. Building Services, or designee,. The architectural theme must be consistent throughout the Project Site.
16. The final plans must include drain grates to be installed at all driveways between the public right-of-way and the decorative stamped concrete.
17. Parking in each vacuum/parking stall is limited to not more than eight minutes. The Permittee must install signs at each vacuum/parking stall that limits customers to no more than eight minutes in vacuum/parking stall.
18. One, or more carwash attendants must always be present during normal business hours and monitor the vacuum service area, including directing vehicles into: (1) the overflow queuing area; (2) available vacuum: stalls; and (3) out of vacuum stalls if a customer's time exceeds eight minutes or if the arrival rate begins to increase faster than vacuum stalls become available.,
City of Bellflower
Resolution No. PC 24-03 - Exhibit A
19. Operating hours are limited to 7:00 a.m. to 8:00 p.m., daily.
20. The proposed carwash must be operated in a manner consistent with the business description date -stamped October 20, 2023.
21. The proposed Project Site must maintain not less than 15 on -site parking spaces.
22. Signs must be installed along the queuing, lane informing customers to reduce car radio volumes.
23. All new and/or replaced ground areas must be surfaced or paved with either asphaltic concrete or concrete to a minimum of three inches (Y) in depth, or two inches (2") of premix and four inches (4") of Class A base, or other surface approved by the City Engineer, and said parking or surfacing must thereafter be maintained in good condition.
24. The Project Site must be surveyed and a copy of such survey must be provided to the Director, or designee. All portions of the existing northerly perimeter wall located on the Project Site must be altered to incorporate decorative stucco finish and paint to match the carwash building.
25. The Permittee must obtain the adjacent property owner's consent and approval, in writing, prior to conducting any work on walls located partially on the adjacent property.
26. All existing signs must be removed from the wall along the northerly property line, and new signs must be approved in the Master Sign Plan.
-27. The Permittee must contact the City's trash: service provider (CR&R) to obtain written approval for the trash enclosure location, method of service to the site, and size of trash containers.
28. The Permittee must provide a photometric plan prior to the issuance of any construction permit. The photometric plan must illustrate a zero -foot candle along all property lines and adjacent public rights -of -way. All lighting must be shielded in a manner so as to not create a nuisance.
29. Before issuance of construction permits, the Permittee must submit all proposed light standards/fixtures for review and approval by the Director of Planning and Building Services, or designee. All proposed light stand ards/fixtures must be decorative and consistent with the architectural design of the building.
30. Vending machines, ATMs, payphones, and/or similar machines/devices are prohibited outside the building.
31. Outside storage of any kind is prohibited.
32. Door or window advertising signage is prohibited.
33. The Permittee must submit a Master Sign Plan for the City's review and approval for all signage on the Project Site (i.e. freestanding signs, wall signs, identification signs, wayfinding signs, directional signs, etc.). The existing freestanding pole sign on the corner of Bellflower Boulevard and Somerset Boulevard must be modified as necessary to meet the current BMC requirements for a pole sign and remove all a
City of Bellflower
Resolution No. PC 24-03 - Exhibit A
unused signage.
34. Wayfinding signage must be installed to address vehicle and pedestrian safety (i.e. allowed vehicle speed, stop signs, etc.).
35. Decorative trash cans must be permanently affixed: to the ground or structure.
36. The landscaping must be kept and maintained in good condition at all times.
37. Prior to issuance of a certificate of occupancy, the Permittee must provide landscaping for the entire Project Site and install mature trees, plants, and shrubs. At the time of plant installation, the landscaping must comply with the specifications of the landscaping plan, including without limitation, number of plants, plant materials and sizes, of plants.
38. Noise levels must be maintained pursuant to the Noise Element of the General Plan and BMC Chapter 8.32 and the submitted Noise Study, whichever is more restrictive.
39. South Coast Air Quality Management District must be contacted prior to any demolition or renovation. Call (909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result in a: penalty.
40. Vehicles associated with the construction of the Project including, without limitation, work trucks of the contractors and their employees must be parked off-street.
41. The Project Site and its immediate surrounding (right-of-way) must be maintained free from debris and graffiti at all times. The Project Site owner must remove any debris or graffiti within 24 hours upon notification by the City. Litter on the Project Site and any litter scattered on nearby streets and: sidewalks must be removed daily.
42. All concrete and asphalt demolition debris from the site must be recycled.
43. The landscape plan must comply with the State Model Water Efficient Landscape Ordinance (MWELO).
44. The Project must comply with all applicable erosion control, fugitive dust, and best management practice/ National Pollution Discharge Elimination System (NPDES) standards.
45. Dust generated by construction activities must be reduced by periodically watering the soil on a daily basis, or as frequently needed, to minimize fugitive dusts. Reclaimed water must be used whenever possible. Dirt may not be hosed into the storm drain system.
46. Prior to issuing a building permit, a C&D Waste Management Plan needs to be completed by the Perm ittee/Project Site Owner/Developer and approved by the Public Works Division.
47. All licensed professionals must stamp and sign each submittal construction plan sheet.
48. The driveway on Blaine Avenue must be designated as exit only.
City of Bellflower
Resolution No. PC 24-03 - Exhibit A
Traffic Engineering
49. Landscape and hardscape improvements located adjacent to all drive approaches cannot exceed 42" in height, as measured from the paved driveway surface, to ensure safe vehicular sight distance.
50. The final plans must show the location and dimensions of all existing and proposed drive approaches.
51. The final plans must show all existing right-of-way improvements.
52. All existing drive approaches that do not access the Project Site must be removed and replaced with full height curb and gutter, sidewalk, and parkway improvements consistent with the existing, adjacent parkway improvements.
53. The final plans must show the designated disabled access path from the public right- of-way.
54. The driveway on: Bellflower Boulevard must be designated as right turn out only for vehicles exiting the Project Site.
Cityngineerin
55. Any existing damaged public right-of-way improvements must be repairedin accordance with Streets and Highways Code § 5600, et seq. and the BMC before the City issues a final certificate of occupancy. The Project Site Owner is responsible for the repair and maintenance of curb/gutter, sidewalk and drive apron.
56. A grading plan prepared by a California licensed civil engineer must be provided. The minimum slope on concrete flow lines must be 0.50%. Minimum slope on asphalt concrete or turf must be 1.0%. Existing elevations of adjacent property and street flow lines must be shown around the perimeter of the proposed development. All applicable NPDES requirements must be complied with.
57. New sidewalk must be, constructed per BIVIC and current ADA standards at each abandoned driveway apron. Any sidewalk that is damaged as a result of new construction must be removed and replaced accordingly.
58. A "C-811 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.
59. Reconstruction of all curb and gutter requires a minimum of 12" wide adjacent street cut for installation of construction forms and temporary backfill; followed by a final grind and cap overlay at no less than 2" deep and 3'-0" wide.
60. Un-sodded, mounded planters adjacent to public sidewalk must be provided with 6" curbs to prevent soil run-off onto the public sidewalk. Curbs are not required if the planter consists of sod.
-11-
City of Bellflower
Resolution, No. PC 24-03 - Exhibit A
61. The contractor must meet with the City Public Works Inspector before starting any construction within the public right-of-way.
62. All work within the public right-of-way, including placing and removal of traffic control devices, are restricted to the hours between 8:30 A.M. and 3:30 P.M., Monday through Friday. No work requiring continuous inspection or traffic control are allowed on Saturday, Sunday or Holidays, unless prior arrangements have been made at least one week in advance with the approval of the City Engineer.
63. 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.
64. Permits are required for all work within the public right-of-way.
Building and. Safety
65. Provide four sets of complete plans and two sets of supporting documents at plan check submittal. Additional comments may occur during the plan check review process.
66. The California Energy Standards are required to be submitted with the completed package.
67. The Project must comply with the current California Building Codes and California Fire Codes, as adopted by the City of Bellflower.
68. A demolition plan and permit are required.
69. Exterior construction activities are restricted to 7:00 a.m. to 6:00 p.m., Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturdays, except, that interior building construction activities are not limited. Construction is not permitted on Sundays and City Holidays.
70. All construction equipment must be properly muffled, to reduce noise levels and idling equipment must be turned off when not in use. All equipment staging areas must be sited on the subject Project Site and at the greatest distance between the construction -related noise/vibration sources and sensitive receptors nearest the Project site during construction. All construction equipment must be maintained so that vehicles and their loads are secured: from rattling and banging.
71. During construction, the Project Site must be posted with a notice containing 24-hour contact information for complaints and concerns regarding the Project. The notice must be approved by the Building Official before it may be posted at the Project Site.
Water Quality
72. Before the City issues a grading permit, the Permittee must comply with the National Pollution Discharge; Elimination System (NPDES) permit from the California Regional Water Quality Control Board.
City of Bellflower
Resolution No. PC 24-03 - Exhibit A
73. Before the City issues a grading permit, the Permittee 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.
74. Before the City issues grading permits, a Priority Development Project Plan addressing Best Management Practices (BMPs) must be submitted with the grading plan for review and approval by the City Engineer.
75. Before the City issues grading permits, the Permittee 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.
76. Before the City issues grading permit issuance, the Permittee 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 for the currently approved Lower San Gabriel River Reach 1 and Los Cerritos Channel 303(d) listed pollutants. The Permittee must include in the LID/SUSMP all calculations and treatment control manufacturer information, if applicable, to demonstrate the pollutant removal efficiency for the Project pollutants and 303(d) listed: pollutants ( http://www.swrcb.ca.gov) .
77. 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 Maintenance agreement must be submitted, in accordance with the requirements of Order No. R4-2021-0105, Page 57. The Maintenance Agreement must. be signed and :
notarized' by the owner, City Manager and City Attorney, and recorded with the LA County Recorder. All costs associated with the review, installation and/or maintenance of the plan and Project -related BMPs are the responsibility of the Permittee.
78. Before the City issues grading permits,. the Permittee must include on the Project plans, to the satisfaction of the City Engineer, the following information:
'
a. Grading Plan Title Sheet: Indicate the Project is a "Priority Development Project," as defined by applicable law.
b. Maintenance requirements must be listed for all Treatment BMPs. c. All constructed structural BMPs must be clearly identified as such in the Project plans and report, including maintenance operations and maintenance responsibility.
79. Before the City issues grading permits, the Permittee 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.
80. 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.
City of Bellflower
Resolution No. PC 24-03 - Exhibit A
81. Before the City issues a grading permit, the Permittee must submit a Storm Water Pollution Prevention Plan (SWPPP) for sites one acre or greater, for the review and acceptance by the City Engineer. The SWPPP must describe the construction phase Best Management Practices (BMPs) to ensure compliance with the NPDES General Permit for storm water discharges associated with construction activity.
82. Violations of applicable law, including, without limitation, these Project Conditions may result in the City commencing revocation of this permit.
Sean Nourani Architect, QuikWash BRE, LLC, Steve BF, LLC, and Same BF, LLC agree to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Conditional Use Permit Case No. CU 23-03., 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 Conditional Use Permit Case No. CU 23-03, Sean Nourani Architect, QuikWash BRE, LLC, Steve BF, LLC, and Same BF, LLC agree 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 Bel Iflower's. elected officials, appointed officials, officers, and employees.
By signing this document, Sean Nourani Architect ("Perm ittee") certifies that he has read, understood, and agrees to the Project Conditions listed in this document.
Sean Nourani Architect
(Permittee)
By signing this document, QuikWash BRE,: LLC, Steve BF, LLC, and Same BF, LLC ("Project Site Owners"), certify that they have read., understood, and agree to the Project Conditions listed in this document.
QuikWash BRE, LLC
(Project Site Owner)
Steve BF, LLC,
(Project Site Owner)
Same BF, LLC
(Project Site Owner)
(If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company)
GSC`t ov BELLpLpW��
r
S t of
GRok nvc rocs¢` leport
TO: Honorable Chairman and Members of the Planning Commission ATTENTION: Elizabeth C. Oba, Director of Planning and Building Services FROM: Kathryn Brun, Associate Planner
SUBJECT: Consideration and possible action to conduct a public hearing to consider an application for a modification of a Conditional Use Permit, and adopt Resolution No. PC 24-03 —A Resolution approving Conditional Use Permit Case No. CU 23-03 modifying Conditional Use Permit Case No. CU 86-28 by converting an existing full -service carwash to an automated express carwash within the General Commercial ("C-G") zone on the property located at 14755 Bellflower Boulevard / 9765 Somerset Boulevard (the "Subject Property").
DATE: April 1, 2024
RECOMMENDATION
1. Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. PC 24-03; or
2. Alternatively, discuss and take other action related to this item.
TYPE OF ACTION (ADVISORY OR QUASI-JUDICIAL)
Quasi-judicial: The recommended action includes issuing a Conditional Use Permit ("CUP"). In considering such action, the Planning Commission acts in a quasi-judicial role.
While doing so, the Planning Commission acts like a court: it applies facts gathered during a public hearing to existing law. Just like a court, the Planning Commission can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:
• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and • The right to respond before a reasonably impartial, noninvolved reviewer.
If the Planning Commission asks irrelevant questions and bases its decision -making on such questions, a court may overturn the Planning Commission's decision and hold the
-15-
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
City potentially liable for violating the Applicant's constitutionally protected due process rights.
In the matter of the CUP, the Planning Commission must make these findings pursuant to Bellflower Municipal Code ("BMC") Section 17.96.040:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorizedby the BMC; B. The land use is necessary or 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 proposed use is to be located;
C. The site for the intended use is adequate in size and shape to accommodate the land 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; and
D. The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on March 20, 2024. Public hearing notices were sent on March 20, 2024, to 44 property owners within a 300' radius of the Project Site and posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, Caruthers Park, and the City's website. Three public hearing notices were posted on the Project Site on March 21, 2024. As of the writing of this staff report, the City received no inquiries on the Project.
A,
M
The City reviewedthe environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guidelines § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and fagade improvements to the existing structures. Accordingly, this activity is exempt from further review.
Property Owners:
QuikWash BRE, LLC; Steve BF, LLC; and
Sam BF, LLC
Plan Land Use Designation:
"C" (Commercial)
-General
Zoning Classification:
C-G (General Commercial)
FProperty Size:
Approximately 30,210 square feet (0.69 acres
Staff Report — CU 23-03 for 14755 Bellflower Blvd. 19765 Somerset Blvd.
April 1, 2024
Current Development:
Full -Service Carwash
Previous Applications/Entitlements:
11/17/86 - Resolution No. PC 86-88:
Conditional Use Permit Case No. CU 86-28 for
an existing non -conforming carwash in
conjunction with construction of a customer
lounge.
Surrounding Land Uses and Zoning:
North
Multi -Family Residential —Apartments (R-3 PID
zone)
South
Multi -Tenant Commercial Building, Single
Family and Multi -Family Residential Units
C-G zone)
West
Multi -Tenant Commercial Building (C-G zone)
East
Multi -Tenant Commercial Building (C-G Zone
The site is developed with a 5,620-square foot carwash building and a detached 519- square foot vacant restaurant. The carwash building consists of an office, restroom, customer lounge, equipment rooms, and: the carwash tunnel. The site has six onsite parking spaces, a drying area, and, a queuing/vacuuming area with multiple lanes for up to approximately 33 vehicles. There is an existing twelve -foot -tall block wall along the north property line. There is existing landscape adjacent Somerset Boulevard. The site is served by four driveways, two are off Bellflower Boulevard, one is off Blaine Avenue, and on
e is off Somerset Boulevard. The detached restaurant has not been in operation since 2022.
➢ Previous Entitlements and Uses
From approximately 1955 to 1965 there was a service station on the Subject Property.
The existing carwash and restaurant were built in 1965, prior to the Conditional Use Permit ("CUP") requirement for carwashes in the city. In 1986, the carwash operator added an enclosed customer lounge which triggered the requirement for a CUP.
Currently, the carwash facility operates daily, from 8 a.m. to 5 p.m. from Monday through Friday, and 8 a.m. to 6 p.m. on Saturday and Sunday.
12.0,141 1111 1 1" 1�� ���J Q fta 0
2 'ka 0 "a 0 a
A
The Applicant is requesting modification of CU 86-28, which includes demolishing 1,127 square feet of the full -service carwash building, converting the remaining space to a 4,493-square foot automated express carwash building, modifying the site layout, as described below, removing the current vacuum system, adding 14 self -serve vacuum/parking stalls on the site, and modifying the daily operating hours to 8 a.m. to 7 p.m., and reducing the number of employees on -site.
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
Apri'l 1, 2024
➢ Site Configuration and Improvements
The Applicant is proposing to modify the site layout by redesigning the queuing: area, incorporating two self -pay stations with queuing for up to 22 vehicles, adding 14 self -serve vacuum/parking stalls, as well as one employee, code -compliant parking space and one, code -compliant loading space. The existing driveway on Somerset. Boulevard and the southerly driveway on Bellflower Boulevard will be removed and replaced with a full height curb and gutter and/or parkway. The northerly driveway on Bellflower Boulevard will be widened to 40 feet and serve as the primary entrance and exit to the subject property. A condition of approval is recommended' requiring the driveway off of Bellflower Boulevard to be a right turn only exit (Condition No. 53 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). The existing driveway on Blaine Avenue will be reduced to 15 feet in width and marked as an exit only driveway. The Applicant proposes to add 3,364 square feet of landscaping to the subject site including 37 of 48-inch box trees, 77 of 5-gallon shrubs, and; 129 of 2.5-gallon shrubs. A condition of approval is recommended requiring that the, landscaping comply with the specifications of the landscaping plan, including without limitation, number of plants, plant materials and sizes of plants (Condition No. 36 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). A, new trash enclosure willbe built close to the Bellflower Boulevard driveway for easy access, as required by the City's trash service provider.
➢ Interior and Exterior Building Improvements
The Applicant is proposing to demolish the existing restaurant, upgrade all of the carwash equipment within the carwash tunnel, as well as add self -serve vacuums in the parking stalls. Solid material canopies will cover the vacuum/parking stalls. The associated vacuum equipment will be housed within an enclosed equipment room. As proposed, the Applicant is proposing to only add a stucco wall behind the existing wrought iron fence to enclose the, Southern side of the carwash tunnel. The Applicant wants to preserve the "Googie" architectural style (i.e. futuristic architecture) of the building and preserve all the original building colors and architectural elements. A condition of approval, 'is recommended requiring the south building fagade be enhanced, to the satisfaction of the Director of Planning and Building Services (Condition No. 15 on Exhibit A of Resolution No. PC 24-03 (Attachment A)).
M,*r-Jea4
As proposed, customers will enter the Subject Property on, Bellflower Boulevard and drive -up a 10-foot wide, queuing lane that can accommodate 22 vehicles and has two pay stations. After payment, customers will drive their vehicles into the carwash tunnel.
At the end, customers have the option to exit the site on Bellflower Boulevard or park to dry and vacuum their vehicles. If a customer enters the queuing lane to wash their vehicle but decides not to, they can exit the property via Blaine Avenue.
M
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
PROJECT ANALYSIS
➢ Landscaping
As required by the BMC, landscaping within the interior of the parking area must be equal to at least five percent of the parking area, with a minimum 1 O-foot-wide landscape planter located adjacent to all right-of-ways. The proposed Project includes 1,052 square feet of landscaping; (11 % of the parking/vacuum area), which exceeds the minimum code requirement. In addition, a new 1 0-foot-wide landscape planters are proposed along Bellflower Boulevard and Blaine Avenue, and portions along Somerset Boulevard that are currently asphalt and a driveway.
➢ Parking and Loading Spaces
The minimurn required number of parking spaces for the Project is 15, which is basedon one parking space for each 300 square feet of floor space, building or structure. A total of 15 parking spaces are proposed, which includes one A®A vacuum stall, 13 vacuum stalls, and one employee parking stall. In addition, one loading space is proposed per BMC Chapter 17.88.
➢ Queuing Analysis
A queuing analysis was submitted for the Project. The queuing analysis found that during peak operating times (two express carwashes were surveyed in California) the queue was approximately nine vehicles. The proposed queueing area is designed: to accommodate 22 vehicles, which has sufficient capacity. The proposed project will serve approximately 450 vehicles per day at approximately 40 vehicles per hour. To ensure that vehicles are not waiting for a vacuum stall after exiting the carwash, per the queuing analysis, it is recommended that signs be installed at the parking stalls that limit customers to eight minutes to clean and vacuum their vehicles. The analysis also recommendedthat a carwash attendant monitor the vacuum service area during peak operating times to direct vehicles into the overflow queuing area, into available vacuum stalls, or out of vacuum stalls if a user's time is exceeding eight minutes or the arrival rate begins to increase faster than vacuum stalls become available (Condition Nos. 17 and 18 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). ➢ Noise Study
A noise study was submitted to determine if the proposed Project would have an impact on the surrounding area and/or require mitigation measures. The proposed carwash includes a blower system that meet acoustical benchmarks and all other noise -producing equipment (e.g. compressors, vacuum turbine motors, pumps) will be housed within mechanical equipment rooms to minimize noise. The surrounding properties include a multi -family residential development to the north, a single-family and commercial shopping center to the south, and commercial shopping centers to east and west. The findings and conclusions of the noise study indicate that the existing ambient noise level ranged between 56 to 69 dBA Leq with the predominant noise source coming from Bellflower Boulevard and existing commercial activities in the vicinity. The Project plus
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
ambient noise level projects are anticipated to measure 57 to 69 dBA, Leq and will not perceptibly increase the overall ambient sound level or require mitigation measures. This information is consistent with Goal 1 of the Noise Element of the City of Bellflower's General Plan which is to maintain or reduce noise levels throughout the City. Conditions of approval are recommended to address construction noise (Condition Nos. 68 and 69 on Exhibit A of Resolution No. PC 24--03 (Attachment A)). � Conditional Use Permit
Pursuant to BMC § 17.44.030(A)(1 6) (Conditional Uses), the carwash business is subject to a CUP. Before the Commission grants approval of a CUP, it must find that the project meets all the conditions outlined in BMC § 17.96.040. As proposed, the project meets all four findings, as outlined in Resolution No. PC 24-03 (Attachment A). ➢ Conclusion
The Project conforms with the City's General Plan Land and the Zoning Regulations in the BMC, as outlined in Resolution No. PC 24-03 (Attachment A).
ATTACHMENTSI
A. Resolution No. PC 24-03
B. Aerial, Assessor's Map, Zoning Map and General Plan Map C. Resolution No. PC 86-88
D. List and Map of Carwash Facilities in the City
E. Plans and Documents Submitted by the Applicant
-20-