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File #: 24-246   
Type: Public Hearing Status: Passed
File created: 4/16/2024 In control: City Council
On agenda: 4/23/2024 Final action: 4/23/2024
Enactment date: Enactment #: 2024-04-6795
Title: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CONDITIONAL USE PERMIT 00-05 WHICH ALLOWS OPERATION OF A SELF-STORAGE FACILITY, AMENDING EXISTING CONDITIONS AND ADDING NEW CONDITIONS OF APPROVAL TO RESTRICT OPERATIONS ADJACENT TO ELLIS AVENUE, AND FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301
Sponsors: Colleen Doan
Attachments: 1. Attachment A - Planning Commission Staff Report of August 15, 2023, 2. Attachment B - City Council Staff Report of September 26, 2023, 3. Attachment C - Signal Hill Self Storage Written Responses, 4. Attachment D - Compliance Status Letter dated February 8, 2024, 5. Attachment E - Resolution No. 2023-09-6766 (CUP 00-05 Existing Conditions of Approval), 6. Attachment F - Planning Commission Staff Report of March 19, 2024, 7. Attachment G - Signal Hill Self Storage Public Comments, 8. Attachment H - Resolution (CUP 00-05), 9. Attachment I - Exhibit A to the Resolution, 10. Staff Report

AGENDA ITEM

 

TO:                                           HONORABLE MAYOR

AND MEMBERS OF THE CITY COUNCIL

 

FROM:                      CARLO TOMAINO

CITY MANAGER

 

BY:                                           COLLEEN T. DOAN

COMMUNITY DEVELOPMENT DIRECTOR

 

CARLOS LUIS

PLANNING MANAGER

 

SUBJECT:                      

title

PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CONDITIONAL USE PERMIT 00-05 WHICH ALLOWS OPERATION OF A SELF-STORAGE FACILITY, AMENDING EXISTING CONDITIONS AND ADDING NEW CONDITIONS OF APPROVAL TO RESTRICT OPERATIONS ADJACENT TO ELLIS AVENUE, AND FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301

 

summary

Summary:

 

Form of Notice: The City published the required Notice in the Signal Tribune newspaper per Government Code §65091(a)(4) on April 12, 2024; mailed to property owners within a 300’ radius of the subject site on April 12, 2024; and posted in accordance with Signal Hill Municipal Code Section 1.08.010 at City Hall, Signal Hill Library, Reservoir Park, and Discovery Well Park on or before April 12, 2024.

 

At the direction of the City Council, staff proposes to amend Conditional Use Permit (CUP) 00-05 for an existing self-storage facility to regulate the business operations by restricting customer access into and out of the facility along Ellis Avenue. The self-storage facility, Signal Hill Self-Storage (SHSS), is located at 2901 East Pacific Coast Highway within Area 2 of SP-10, Pacific Coast Highway Specific Plan zoning district. Staff recommends the City Council approve the proposed resolution amending the Conditional Use Permit conditions for the facility. This proposed CUP amendment would restrict customer access from Ellis Avenue, except for customer parking, loading, and unloading in the parking lot accessed from Ellis Avenue. The proposed amended conditions would also clarify that the City will issue administrative citations to the operators for ongoing violations of the Conditions of Approval. New conditions would require the applicant to maintain a minimum balance in its Developer Deposit account to cover costs associated with the application and to submit replenishment payment within 15 business days of the request.

 

Strategic Plan Goal(s):

 

Goal No. 1                     Financial Stability:                     Ensure an enhanced quality of life for the

residents.

 

Goal No. 5                      High-Functioning Government: Promote a transparent and open government.

 

recommendation

Recommendation:

 

Adopt a resolution approving the amendment to Conditional Use Permit 00-05 for the existing self-storage facility, entitled:

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING AMENDMENTS TO CONDITIONAL USE PERMIT 00-05 FOR AN EXISTING SELF-STORAGE FACILITY AT 2901 EAST PACIFIC COAST HIGHWAY AND FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301.

 

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Fiscal Impact:

 

There is no fiscal impact associated with the recommended action.

 

Background:

 

The SHSS CUP (00-05) has been part of the City’s CUP Annual Review since it was converted from a convalescent hospital following approval of the CUP in 2000.   Beginning in 2022, staff received an increasing number of reports of concern from nearby residents regarding the facility operations, and specifically, activities along Ellis Avenue. In response to the reports and in preparation for the 2022 CUP Annual Review, staff performed multiple inspections and observed activities related to the reports of concern and noncompliance with the CUP conditions of approval (COAs). Staff issued a corrective action letter and met with the owners. Subsequently, the owners applied to amend their CUP, which staff advised would include added conditions to limit activity and access on Ellis Avenue.

 

On August 15, 2023, staff presented an amendment to CUP 00-05 to the Planning Commission (Attachment A). The purpose of the amendment was to address operational issues of concern reported by neighbors and observed by staff during the CUP Annual Review.  At the conclusion of the public hearing, the Planning Commission recommended approval to amend the CUP COAs limiting access into and out of the facility on Ellis Avenue.

 

On September 26, 2023, the City Council considered the Planning Commission’s recommendation and the applicant’s request to continue utilizing pin code access on Ellis Avenue. The City Council also considered the operation of a new second office on the Ellis Avenue side of the facility to allow facility employees’ increased observation of the area. The City Council approved the CUP amendment with additional modifications to the Conditions of Approval (Attachment B). Modifications included an allowance for the second office and continued access to the facility from Ellis Avenue via the use of a pin code accessible door, a 60-day timeframe for removal of all outdoor storage, including an abandoned boat, and the requirement to obtain a demolition permit to remove an interior shower.    

 

Following approval of the CUP amendment, staff worked with the SHSS to obtain compliance with all 41 conditions of approval. Staff contacted SHSS to request copies of required documentation (i.e., signed conditions of approval, customer check-in logs, copies of customer parking regulations, copies of vehicle leases, etc.). Staff also requested status updates on completion of conditions requiring removal of the interior shower and removal of the outdoor storage within the 60-day timeframe. SHSS provided an email which they sent to customers informing them of new informational signage posted throughout the facility’s interior, including customer parking locations.  SHSS made no progress in removing the shower or the outdoor storage and did not provide staff the requested documentation.  

 

On November 20, 2023, in preparation for the CUP Annual Review and nearing the end of the 60-day deadline for compliance, staff inspected the self-storage facility and noted 15 items of noncompliance. Staff issued an observation letter containing 15 corrective actions, including:

 

                     Compliance items associated with outdoor storage.

                     Demolition of the interior shower.

                     Requested documentation (customer logs, pest control invoices, etc.).

 

Following receipt of the second corrective action letter, SHSS submitted copies of required documentation (customer logs, pest control invoices, etc.); however, various relevant details were missing, including the definitions of access codes identified on customer log sheets and SHSS’s protocol when pin code access is used multiple times within a close timeframe.   

 

On December 4, 2023, the City reinspected the self-storage facility. At the conclusion of the reinspection, staff noted only one corrective action had been taken. The City issued a second observation letter to SHSS which included 14 corrective actions.   

 

On December 19, 2023, staff presented the 2023 CUP Annual Review report to the Planning Commission. As SHSS exceeded the 60-day timeline set by the City Council for compliance with the CUP COAs, the Planning Commission recommended setting a compliance deadline for SHSS.  The deadline would involve completing the removal of stored vehicles, submitting documentation identifying boat ownership or lien documents, and obtaining a demolition permit for the removal of the existing shower.   

 

On January 4, 2024, due to SHSS unresponsiveness, staff arranged a meeting with them to discuss the observation letters, clarify expectations, and outline the consequences of noncompliance. During the meeting, staff informed SHSS of the upcoming CUP Annual Review presentations to both the Planning Commission and the City Council. Further, staff informed the business owners of possible implications if all CUP COAs and corrective actions were not completed, including amending or adding to CUP conditions, citations for noncompliance, or revocation of the CUP. SHSS informed staff that they had initiated compliance with requested actions, including the removal of stored vehicles. Furthermore, SHSS signed the COAs acceptance document as required, acknowledging receipt and understanding of COAs.  

 

On January 10, 2024, SHSS submitted responses to the observation letters, including copies of customer activity logs, floor plan identifying locations of security cameras, samples of customer/ID verification system, written customer parking notification instruction email and signs, a stored vehicle parking relocation customer notification letter, landscape and property maintenance log, and a photo of the guard tour system to be installed on the property. The business representatives also provided their proposed phased approach for compliance with all conditions of approval (Attachment C). 

 

On January 23, 2024, staff presented the 2023 CUP Annual Review report to the City Council, along with the Planning Commission’s recommendation to establish a deadline for SHSS to complete the following:

 

                     Remove stored vehicles from the garage.

                     Obtain a demolition permit for the removal of the shower.

                     Submit boat ownership documentation.

 

The City Council considered the Planning Commission’s recommendation and the consequences of noncompliance with COAs under a newly adopted Municipal Code amendment which included noncompliance with COAs as a citable offense. The City Council established a deadline of February 1, 2024, for compliance with the three items, and directed staff to prepare a second CUP amendment for a public hearing.  

 

On February 1, 2024, City staff inspected the facility to verify compliance with the three items required by the City Council deadline. During the inspection, City staff observed the following progress:

 

                     All stored vehicles had been removed from the garage.

                     A demolition permit was issued, and demolition of the shower was in progress.

                     SHSS had submitted a copy of an invoice for the demolition of the boat, indicating removal of the boat would commence on February 13, 2024.

 

Based on staff observations and the invoice for the boat’s removal, SHSS’s corrective actions were determined to have met the City Council deadline of February 1, 2024.  The City issued a compliance status letter to SHSS to document the observations and actions (Attachment D).   

 

Following the February 1, 2024, inspection, SHSS completed the following additional compliance items:

 

                     Submitted a sign permit application for proposed sign changes (review in process pending correction submittal from applicant).

                     Removed one un-permitted sign along Ellis Avenue.

                     Submitted additional requested documentation, including customer logs, pest control invoices, and signed invoice for the removal of the existing boat.

 

The City continued to receive the following unconfirmed concerns from neighboring residents:

 

                     Customer and other unauthorized access to facility occurring from Ellis Avenue.

                     24-hour access to the self-storage facility.

                     Parking gate locked during business hours.

                     Illegal parking for loading and unloading on Ellis Avenue by customers of the self-storage facility.

                     Trash and debris left on property and in surrounding areas (i.e., sidewalks, parkways, streets, etc.).

                     Loitering in and around the self-storage facility; and

                     Illicit activities.

 

On March 19, 2024, the Planning Commission considered the second CUP amendment as directed by the City Council, modifying existing and adding new conditions of approval. New conditions included restricting access from Ellis Avenue (except for emergencies), requiring a 30-day timeframe to remove all remaining outdoor storage including the boat, a requirement to maintain a minimum balance of $1,500.00 in the project’s Developer’s Deposit and submittal of replenishment payments within 15-days of notification. During the public hearing, the Planning Commission heard testimony from SHSS and comments from two members of the public. Responses to public comments are included in the analysis section of this report.

 

Analysis:

 

Signal Hill Self Storage Operations

 

The operations of a site with a CUP are governed by the COAs, which are approved at the time the CUP is granted. CUP 00-05 was amended on September 26, 2023, modifying existing and adding new COAs (Attachment E). The intent of the new and modified COAs was to establish operational procedures to address issues of concern. During the public hearings before the Planning Commission and the City Council, members of the public expressed their concerns and requested new conditions restricting operations along Ellis Avenue. Specifically, residents requested that no customer access into or out of the facility be allowed from Ellis Avenue.

 

Currently, on Ellis Avenue, the business has a pin code access door for customer entry and exit and an emergency fire exit door that does not allow entry from the outside. One of the reported concerns raised during the CUP amendment hearings was that codes may have been shared with non-customers. In response to code-sharing concerns, SHSS explained their customer identification and verification protocols as customers enter the facility. According to SHSS, self-storage employees verify customer identity on their computer system from the front or rear offices. SHSS employees are notified each time a customer enters the facility via an audible notification. The customer-specific pin code also generates the customer’s photo identification on the facilities computer system, allowing employees to confirm the person entering the facility is the registered customer. SHSS employees can verify if the registered customer is entering the facility face-to-face at check-in or via the security camera system located at the front office when the rear office is not staffed.

 

Staff observed during the December 4, 2023, inspection, that the rear office was not staffed, allowing customers to enter without checking in and there was no audible sound notifying employees in the front office of the entry. When brought to their attention, SHSS reiterated that employees are still able to verify and monitor access to the facility. City staff has not observed customer verification during any of the inspections.

 

The existing conditions of approval require removal of all outdoor storage from the site. Based on the most recent inspection on April 8, 2024, staff observed the boat was still on site along with other stored items, including a motorcycle. Per the demolition invoice provided by SHSS on February 1, 2024, demolition and removal of the boat was to start on February 13, 2024.       

 

Conditions of Approval (Modified and New)

 

To address noncompliance and issues of concern associated with SHSS, the City Council directed staff to further amend the CUP.  Staff proposes the following COAs be amended or included as new COAs; all other previously approved conditions are proposed to remain. 

 

Since City staff observed the rear office closed and received numerous reported concerns from the surrounding neighbors regarding unauthorized access to the storage facility, two new conditions of approval are proposed to be included. The following conditions would eliminate customer access into and out of the storage facility from the rear door adjacent to Ellis Avenue. Access out of the facility would be limited to emergency access. The conditions are proposed as follows: 

 

All self-storage customers shall enter and check in through the front office to access their storage units. No customer access to or from the facility, with the exception of emergency access only, shall be allowed from either of the two man-doors on Ellis Avenue. The pedestrian gate located on Ellis Avenue at the northwest corner of the property shall be unlocked during business hours for customers to access the main office after parking inside the gated drive aisle north of Ellis Avenue. The pedestrian doors located along the interior walkway from the pedestrian gate that provide access to the storage units shall remain locked from the outside.

 

Within 60 days of approval of this condition, all pin code door locking systems shall be replaced with locks that remain locked from the exterior during both business and non-business hours. All doors along Ellis Avenue shall be equipped with panic hardware and audible emergency opening alarms. The property owner/operator shall confirm with Los Angeles County Fire Department and the City of Signal Hill Building and Safety Division whether permits are required.

 

The intent of these two new conditions is not to preclude customers from parking in the parking lot accessible from Ellis Avenue, but to require all customers to enter from the main entrance adjacent to East Pacific Coast Highway. This proposed change in operations would give self-storage employees the opportunity to verify that only authorized customers are accessing the site. This proposed change would also limit business activities along the Ellis Avenue side of the property. The conditions would not preclude emergency access from inside the facility through the rear doors adjacent to Ellis Avenue.  SHSS has expressed concerns about the removal of customer access from Ellis Avenue into and out of the facility. SHSS states that a hardship would be created for customers whose vehicles do not meet the maximum height clearance of the garage, as these customers would be required to park in the parking lot adjacent to Ellis Avenue, walk around the building, and check in at the front office. SHSS also states that the removal of customer access from Ellis Avenue would cause their customers to have to transport items to and from their storage units at a much greater distance than they would if the pin code access were to remain. City Staff can confirm the maximum height clearance of the parking garage is 7’-0,” and provides enough clearance for most light-duty trucks and trailers. Customers with larger vehicles would be able to park in the parking lot accessible from Ellis Avenue, to load and unload storage items, but access into and out of the facility would only be from the front entrance on East Pacific Coast Highway.    

 

Staff also recommends modifying existing COAs Nos. 7, 8, 9, and 10 by removing language referring to customer check-in at the rear office located along Ellis Avenue. All customers would be required to check in at the front office located along East Pacific Coast Highway. Conditions would read as follows:    

 

All self-storage customers shall enter and check in through the front office located along Pacific Coast Highway for access to their storage units. All self-storage customers shall also only exit from the front entrance of the facility from the front entrance on East Pacific Coast Highway. All other pedestrian doors on both the westerly and easterly sides of the building shall remain locked from the outside at all times and shall not have access via PIN codes and shall not exit from the interior.

 

The operator/property owner shall maintain a written customer access log to confirm person(s) are customers of the facility. Informational signage shall be installed on the exterior of each access door informing customers to park in the private drive aisle inside the gated area at the rear of the property, or in the covered parking garage on East Pacific Coast Highway and check in at the front office prior to accessing the facility. Signs shall further inform customers that parking in the private parking area on the west side of Ellis Avenue or in no parking zones are citable offenses from the Signal Hill Police Department. Signs shall not exceed four square feet with a maximum height of two feet. 

 

A record of customer access shall be maintained by staff and provided during each CUP annual review or upon request from City staff. Staff shall confirm person(s) are customers of the facility prior to granting access. Staff shall inform customers where to park vehicles for loading and unloading prior to accessing the facility.  Informational signage shall be posted throughout the property directing customers to check in with staff at the front office before accessing the facility.

 

All stairways providing access from the parking garage to the self-storage facility shall remain locked from the exterior and customers shall only be allowed access after checking in at the front office. Stairway doors shall be equipped with panic hardware.

 

SHSS has not complied with removing the existing outdoor storage, which consists of a boat, trailers, a motorcycle, and other items. Condition No. 18 required the removal of the outdoor storage within 60 days of City Council approval (by November 2023). As of        April 8, 2024, outdoor storage remains on the property. Seven months have lapsed since the City Council approval of the amendment to the CUP; staff recommends modifying existing Condition No. 18 to remove all outdoor storage within 30 days of City Council approval. A 30-day time frame is reasonable, given the owners have provided a signed invoice indicating boat demolition was to have started in February. The condition is proposed to read as follows:

 

The property owner/operator shall remove all outdoor storage of recreational vehicles, vessels, jet skis, trailers, motorcycles, etc. from the property within
30 days of City Council approval of this condition or an Administrative Citation will be issued and shall increase by the maximum amount allowed by the City Municipal Code each day thereafter that the outdoor storage remains.     

 

CUP applications, including CUP amendments, require the applicants to maintain a Developer Deposit with the City. These deposits are utilized to pay for staff time, consultant’s time, City Attorney fees, and public noticing requirement costs (i.e., newspaper publication, 300-foot mailers, etc.). When deposit balance amounts are nearly depleted, staff requests replenishment from the applicant. The deposit balance for CUP 00-05 reflects a negative balance of -$9,059.94. Several requests have been sent to the applicant requesting replenishment starting in January of this year. Although SHSS arranged to make payment on February 13, 2024, payment was not received. On April 2, 2024, a payment was received in the amount of $5,769.14. The payment amount does not cover the total balance accumulated since the initial request for replenishment was made. The balance of -$3,748.43 remains outstanding. City staff has provided SHSS with an additional request for replenishment that includes the current balance and anticipated additional charges. Moving forward, to ensure deposit amounts are maintained with a positive balance, the following condition is proposed to be included:

 

The property owner/operator shall maintain a Developer Deposit of not less than $1,500.00. The applicant/owner shall be notified via a replenishment request for additional amounts when the deposit is at or near $1,500.00. Replenishment payments shall be paid within 15 business days of the date of the replenishment request, or an Administrative Citation will be issued and shall increase by the maximum amount allowed by the City Municipal Code each day thereafter that the payment has not been received.    

 

Since processing SHSS’s first CUP amendment, the City of Signal Hill has adopted an ordinance providing additional enforcement actions in the form of administrative citations for noncompliance with Municipal Code requirements and CUP conditions of approval. City staff has met with SHSS to clarify and assist with COAs to achieve compliance. Despite these efforts from staff, SHSS has not complied with all COAs. A new condition of approval is proposed to be included, stipulating noncompliance will result in administrative citations for each day the business/property is out of compliance, including hours of operation when verified by staff.

 

The intent of the administrative citation process is to resolve the violations and only impose fines on operators who have not demonstrated good faith efforts in resolving violations. The proposed condition would read as follows:

 

Any condition of approval violation or Signal Hill Municipal Code Violation will result in the issuance of administrative citations, if not corrected within required timeframes as documented in a corrections letter. Citations will be issued each day after the correction timeframe that the violation is observed on the site until the violation has been corrected to the satisfaction of the Community Development Director or their designee.

 

Applicant Requested Condition Amendment

 

SHSS has requested modification of Condition No. 14, which currently requires the property to be maintained clean, free from trash and debris, neat, and in an orderly manner at all times. Condition No. 14 also requires the operators to physically monitor the interior and exterior of the property, including adjacent public right-of-way areas, every hour during business hours and maintain written and photo logs of monitoring. According to SHSS, physical monitoring takes an average of 15-20 minutes to complete, and given other employee duties (i.e. customer service, processing payments, and giving tours to prospective customers), employees cannot complete physical monitoring every hour. The operators are requesting a reduction in physical monitoring (walkthroughs) to once every three hours with a maximum of two times a day.

 

Given the hours of operation, which are from 9:30 a.m. to 5:45 p.m., Monday through Saturday and 9:00 a.m. to 4:45 p.m., on Sunday, it would be reasonable for the operators to provide a minimum of three physical monitoring walkthroughs. The first walkthrough would be within 15 minutes of opening, (9:45 a.m. or 9:15 a.m.), a second walkthrough at 1:30 p.m., and a third walkthrough prior to closing (5:30 p.m. or 4:25 p.m.). This would ensure the site is maintained clean and free from trash and debris during business operations. Condition No. 14 is proposed to be modified to read as follows: 

 

The property owner/operator shall maintain the site, including private and public property clean, free from trash and debris, neat, and in an orderly manner at all times.  This includes all adjacent driveways, curbs, gutters, and sidewalks (public right-of-way). The property owner/operator shall require facility staff to physically monitor the interior and exterior of the property including adjacent public right-of-way areas at the opening of the business day, 9:45 a.m. Monday through Saturday and 9:15 a.m. on Sunday, at approximately 1:30 p.m. daily, and once prior to closing, 5:30 p.m. Monday through Saturday and 4:25 p.m. on Sunday and maintain written and photo logs of monitoring. All trash and debris shall be removed and properly disposed of and shall be subject to the requirements of SHMC Chapter 8.12.

 

Staff Responses to SHSS Public Comments from March 19, 2024 Planning Commission Meeting

 

SHSS raised the following concerns during the Planning Commission public hearing (Attachment F). Staff responses follow in italic font:

 

Calls for Police Services have decreased and most of the calls are unrelated to the business operations.

 

Calls for service continue to require Police response whether it is address specific to the business or in proximity to the neighboring area, such as the intersection of Gladys Avenue and Ellis Avenue. While calls for service may not yield a criminal offense, responding Police Officers have observed CUP violations including parking violations, SHSS customer loading and unloading in the street and on the sidewalk, loitering, and illegal dumping. 

 

SHSS informed the Planning Commission that boat removal had been delayed due to the recent rainfall experienced in February. SHSS specifically noted water had collected in the boat’s hull and required special removal and disposal. The company initially contracted to demolish the boat was not properly qualified to remove and dispose of the water since the engine’s oil/gas had mixed in with the rainwater. SHSS informed the Planning Commission that a separate company would be required to properly dispose of the water.

 

SHSS had not informed staff of the status of the boat removal delay until the Planning Commission hearing on the item despite numerous requests for information from SHSS.  

 

Staff Response to Resident Public Comments from the March 19, 2024 Planning Commission Meeting

 

Residents and a customer of SHSS provided the following comments during the public hearing:

 

Improvements and progress had been made by the operators of SHSS resulting in better operations.

 

Previous Staff Reports and staff presentations included updates on items SHSS implemented, upgraded, or addressed in efforts to achieve compliance and improve the overall operations of the facility. Although SHSS initiated efforts to improve business operations, they continue to be out of compliance with multiple conditions of approval.   

 

A resident requested to provide emergency access gates located along the driveway accessible from Ellis Avenue for resident access from the adjacent residential development known as Aragon.

 

Aragon has an existing emergency access gate that provides access onto SHSS property. An easement was recorded on SHSS’s property allowing adjacent residents to access SHSS property in the event of an emergency. The existing gates along the driveway currently are not equipped with emergency access when gates are locked. To address the emergency access concerns, condition No. 11 is recommended to be amended to require the installation of emergency equipment on the pedestrian gate in order to provide access from the parking lot to the public right-of-way in the event of an emergency. Condition No. 11 is proposed to read:

 

All pedestrian gates and the driveway gate shall remain locked during non-business hours. Within 60 days of the approval of this condition, the pedestrian gate adjacent to Ellis Avenue shall have the locking system replaced with a lock that provides pedestrian access during business hours in order to provide access to and from the surface parking lot located on private property to the facility. Pin code locking systems shall not be allowed on gates. The pedestrian gate shall be equipped with emergency access hardware to allow residents of the adjacent residential property emergency access from the Signal Hill Self Storage Facility property onto the public right-of-way. The property owner/operator shall confirm with Los Angeles County Fire Department and the City of Signal Hill Building and Safety Division if permits are required for the installation of the emergency access hardware. 

 

 

Public Comments

 

Staff received public comments from the SHSS on March 27, 2024, April 3, 2024, April 10, 2024, and April 12, 2024 (Attachment G)

 

Compliance Control

 

If SHSS remains out of compliance with conditions of approval or if numerous reports of concerns from the community continue and are documented as nuisances, the City shall issue citations, and the CUP may be scheduled for revocation, pursuant to SHMC Section 20.64.120. Initially, staff would attempt to continue to work with the property owner/operator to obtain compliance with the conditions via the administrative citation process; however, if corrective actions are not provided in good faith and in a timely manner, staff has the option of issuing citations and/or initiating the revocation process.

 

CEQA Categorical Exemption

 

This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301 Class 1 as an Existing Facility (Class 1 Exemption). The proposed project qualifies for the Class 1 categorical exemption because the project does not involve expansion of the existing building or require offsite utility improvements and would allow the continuation of an existing self-storage facility, subject to new or amended conditions of approval.

 

None of the exceptions to the exemptions as set forth in State CEQA Guidelines Section 15300.2 apply. Specifically, the proposed Project:

 

a.                     Is not located in a particularly sensitive environment. The subject site is located in an urbanized area where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive.

b.                     There is no possibility of a cumulative impact of the same type of project in the same place over time. The proposed Project involves the continuation of a self-storage facility, subject to new or amended conditions of approval, in an existing commercial building. Once the Project is completed, the likelihood of a successive project on this site is low and probability of a cumulative impact is low.

c.                     No Significant Effect. No adverse environmental impacts will occur as a result of the proposed Project’s continued use of the existing building as a self-storage facility.    

d.                     Would not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.

e.                     Is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

f.                     Would not cause a substantial adverse change in the significance of a historical resource.

 

If the project is approved by the City Council, a Notice of Exemption would be filed with the County Clerk’s Office and the Office of Planning Research within five business days of such approval. 

 

Conclusion

 

Overall, the operators of SHSS have not complied with the multiple COAs of their CUP. The Planning Commission and the City Council have expressed disappointment with SHSS’s lack of compliance given the amount of time that has lapsed since the first CUP amendment was approved in September 2023. In addition, the City continues to receive reports of concerns regarding Ellis Avenue street parking and activities on the Ellis Avenue side of the facility.

 

This CUP amendment would restrict customer access through the pedestrian doors on Ellis Avenue. Customers would still be allowed to park, load, and unload in the SHSS parking lot adjacent to Ellis Avenue.  The amended conditions also clarify that the Municipal Code allows the City to issue administrative citations for violations of Conditions of Approval. New conditions would require the applicant to maintain a minimum balance in the Developer Deposit account to cover costs associated with their application and to submit replenishment payment within 15 business days of the request (Attachments H and I). The CUPs are reviewed annually and can be amended to add stricter or less strict COAs, depending on the conduct of the property owner/operator.

 

Attachment(s):

 

A.                     Planning Commission Staff Report dated August 15, 2023

B.                     City Council Staff Report dated September 26, 2023

C.                     Signal Hill Self Storage Written Responses

D.                     Compliance Status Letter dated February 8, 2024

E.                     Resolution No. 2023-09-6766 (CUP 00-05 Existing Conditions of Approval)

F.                     Planning Commission Staff Report dated March 19, 2024

G.                     Signal Hill Self Storage Public Comments

H.                     Resolution (CUP 00-05 Amendment to Conditions of Approval)

I.                     Exhibit A to the Resolution