AGENDA ITEM
TO:
HONORABLE CHAIR
AND MEMBERS OF THE PLANNING COMMISSION
FROM:
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: Notice was published in the Signal Tribune newspaper per Government Code §65091(a)(4) on March 8, 2024; was mailed to property owners within a 300’ radius of the subject site on March 8, 2024; and was 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 March 8, 2023.
At the direction of the City Council of the City of Signal, Conditional Use Permit (CUP) 00-05 for an existing self-storage facility is proposed to be amended to regulate the business operations by restricting customer access into and out of the facility along Ellis Avenue. The self-storage facility is Signal Hill Self-Storage (SHSS) and is located at 2901 East Pacific Coast Highway within Area 2 of SP-10, Pacific Coast Highway Specific Plan zoning district.
Strategic Plan Goal(s):
Goal 5: Ensure an Enhanced Quality of Life for Residents of the City.
Goal 6: Promote a Transparent and Open Government.
recommendation
Recommendation:
Adopt a resolution recommending City Council approve amendments to Conditional Use Permit 00-05 for the existing self-storage facility, entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SIGNAL HILL, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO CONDITIONAL USE PERMIT 00-05 FOR AN EXISTING SELF-STORAGE FACILITY AT 2901 EAST PACIFIC COAST HIGHWAY WITHIN AREA 2 OF SP-10, PACIFIC COAST HIGHWAY SPECIFIC PLAN 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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Background:
The SHSS CUP (00-05) has been part of the City’s CUP annual inspections since it was remodeled 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 2023 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 filed an application to amend their CUP which staff advised would include added conditions to limit activity and access on Ellis Avenue.
On August 15, 2023, an amendment to CUP 00-05 was presented to the Planning Commission (Attachment A). The purpose of the amendment was to address operational issues of concern reported by neighbors and observed during the CUP Annual Inspections. 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 pin code access on Ellis Avenue and operation of a new second office on the Ellis Avenue side of the facility to allow greater observation of the area by facility employees. The 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 interior of the facility which included customer parking locations. No progress was made on removal of the shower or the outdoor storage and requested documentation was not provided.
On November 20, 2023, as 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; and
• 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, certain relevant details were missing such as 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 self-storage facility was reinspected. At the conclusion of the reinspection, staff noted only one corrective action had been taken. A second observation letter was issued to SHSS which included 14 corrective actions.
On January 4, 2024, since SHSS had been unresponsive, staff called a meeting with them to review the observation letters and provide clarity on the expectations, assistance with completion of the corrective actions, and the consequences of noncompliance. Staff informed SHSS of the upcoming CUP Annual Review presentations to Planning Commission and City Council. Further, they were informed of possible implications if compliance with all CUP COAs and corrective actions were not completed, including amending, or adding to CUP conditions, citations for noncompliance, or revocation of their CUP. SHSS informed staff that they had initiated compliance with requested actions, including removal of stored vehicles. They also signed the COAs acceptance document as required, which acknowledged their 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, stored vehicle parking relocation customer notification letter, landscape and property maintenance log, and photo of guard tour system to be installed on the property. They also provided their proposed phased approach for compliance with all conditions of approval (Attachment C).
On February 1, 2024, City staff inspected the facility to verify compliance with the removal of all vehicles and storage, submittal of boat ownership documents, and to confirm a demolition permit had been obtained for the removal of the interior shower, as required by the City Council deadline of February 1, 2024.
On February 8, 2024, a compliance status letter (Attachment D) was issued to SHSS noting the following required actions:
• Removal of stored vehicles (outdoor and in garage);
• Submittal of documentation of ownership or lien filings for the boat stored on the property for removal from property; and
• A demolition permit for the removal of the interior shower.
The compliance status letter informed SHSS that City staff observed all stored vehicles had been removed from the property, a demolition permit was issued, and demolition of the shower was in progress. SHSS also submitted a copy of an invoice for the demolition of the boat located on the property. The invoice was submitted on January 31, 2024, and indicated removal of the boat would commence on February 13, 2024. Based on staff’s observations and invoice for the removal of the boat, corrective actions taken by SHSS were determined to have met the deadline of February 1, 2024, as established by the City Council.
Since the February 1, 2024, inspection, SHSS has completed the following items; however, there are still outstanding items:
• Removed vehicles stored in required parking located in covered parking garage adjacent to East Pacific Coast Highway;
• Obtained a demolition permit and initiated the removal of the interior shower (pending final inspection);
• 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; and
• Submitted additional requested documentation, including customer logs, pest control invoices, and signed invoice for the removal of the existing boat.
The City also continues to receive, but cannot confirm all the following reports of concern 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.
Analysis:
Signal Hill Self Storage Operations
The operations of a site with a CUP are governed by the COAs, approved at the time the CUP is granted. CUP 00-05 was amended on September 26, 2023, modifying existing and adding new COAs. 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 which 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.
During the December 4, 2023, inspection, city staff observed 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 inspection.
Current conditions of approval require removal of all outdoor storage from the site. Based on the most recent inspection, staff observed the boat was still on the site along with other items, including a motorcycle. The operators provided a signed invoice and informed staff the boat had been scheduled for demolition and removal. Per the invoice, demolition and removal of the boat was to start on February 13, 2024. As of March 11, 2024, the boat remains on the site along with other outdoor storage. In addition, SHSS has not provided status updates or communicated progress to City staff.
Conditions of Approval (Modified and New)
To address noncompliance and issues of concern caused by SHSS, the City Council has directed staff to further amend the CUP. The following COAs are proposed to be amended or included as new COAs. All other previously approved conditions are proposed to remain.
Since City staff has observed the rear office closed and has 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:
All self-storage customers shall enter and check in through the front office to access their storage units. No customer access to and from the facility, with the exception of emergency access only, shall be allowed from Ellis Avenue. The pedestrian gate located on Ellis Avenue at the northwest corner of the property would be unlocked during business hours for customers to access the main office after parking inside the gated drive aisle north of Ellis Avenue. The man doors located on the westerly side of the property and along the interior walkway from the pedestrian gate that provide access to the storage units shall remain locked from the outside.
Replacement of all pin code door locking systems 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 within 60 days of approval of this condition. The operator/property owner shall confirm with Los Angeles County Fire Department and the City of Signal Hill Building and Safety Division whether permits are required.
It is worth noting 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 would give self-storage employees the opportunity to verify that only authorized customers are accessing the site. It 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.
Staff also recommend 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. Removal of references to customer check-ins at the rear office would require all customers to check in at the front office located along East Pacific Cost 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 other man 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.
The operator/property owner shall maintain a written customer access log in order to confirm person(s) or company 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. Information 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 with the front office. Stairway doors shall be equipped with panic hardware.
SHSS has not complied with removing the existing outdoor storage consisting 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 March 11, 2024, outdoor storage remains on the property. Given the fact that six 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 back 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 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’s 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 nearing exhaustion, staff requests replenishment from the applicant. The deposit balance for CUP 00-05 is currently at -$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 has not been received. City staff continue to contact SHSS on a regular basis to request a replenishment payment; however, the applicant has not been responsive to the request. In order to ensure deposit amounts are maintained with a positive balance, the following condition is proposed to be included:
The operator/property owner 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 in efforts 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.
The intent of the administrative citation process is to resolve the violations and 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 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 the business hours of operation 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 operator/property owner 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 operator/property owner 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.
Compliance Control
If SHSS remains out of compliance with conditions of approval or numerous reports of concern 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. Staff would initially attempt to continue to work with the operator/property owner in obtaining 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 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 (Attachment G).
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 City Council have expressed their 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 concern regarding parking and operations, specifically operations on the Ellis Avenue side of the facility.
This CUP amendment would restrict customer access from Ellis Avenue with the exception of customer parking, loading, and unloading in the parking lot accessed from Ellis Avenue. Amended conditions would also allow the City to issue administrative citations to the operators for violations with the conditions of approval. New conditions would also require the applicant to maintain a minimum balance in their Developer Deposit account to cover costs associated with their application and submit replenishment payment within 15 business days of the request. It should be noted that CUPs are reviewed annually and can be amended to add more strict or less strict COAs, depending on the conduct of the operator/property owner.
Following Planning Commission review and determination of this item, the application will be scheduled for City Council review for final consideration.
Approved:
Colleen T. Doan
Attachments:
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. Public Comments dated March 13, 2024
G. Resolution XXX-03-19