RESOLUTION NO. 2023-07-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-01, A REQUEST TO OPERATE A CLUB, AS DEFINED BY THE SIGNAL HILL MUNICIPAL CODE, AND TO ALLOW A LIMITED NUMBER OF LARGE EVENTS AND THE USE OF THE ADJACENT CITY PARKING LOT PURSUANT TO AN EXECUTED LICENSE AGREEMENT AT 2201 CHERRY AVENUE IN THE COMMERCIAL RESIDENTIAL (CR) ZONING DISTRICT AND FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 WHEREAS, on April 26, 2023, Kevin Scott, the authorized agent for the applicant, Long Beach Firefighters’ Association Local 372 (LBFFA), submitted an application requesting approval of a Conditional Use Permit (CUP) to operate a club, as defined by Section 20.04.53 of the Signal Hill Municipal Code (SHMC), and to hold events at LBFFA’s existing offices at 2201 Cherry Avenue; and WHEREAS, the legal description of the subject site is ZT Nelsons Grand View Tract S 80 Ft. (EX of STS) of lot 9 and consists of one developed parcel (APN: 7212-003-009) at the northwest corner of East Hill Street and Cherry Avenue; and WHEREAS, in 1976, a Certificate of Occupancy was issued for the newly constructed building on the subject site that had an approved variance allowing, among other items, a reduction in the total number of parking spaces to 26 spaces and tandem parking stalls; and WHEREAS, in 2016, according to property transaction records the LBFFA purchased the property at 2201 Cherry Avenue. In 2017, building permits were issued for interior renovations. Over the past several years, staff has observed numerous events hosted by LBBFFA at the subject location and also observed the use of the City parking lots on Legion Drive being used by event goers. In addition, a resident adjacent to the upper City parking lot on Legion Drive has reported noise and other apparent nuisances associated with weekend and nighttime event attendees; and WHEREAS, in 2022, City staff began discussions with the LBFFA to inquire about the nature, frequency, and size of the events being held, to review the available and required onsite parking, to consider options for use of the City parking lots on Legion Drive during large events, to consider the allowance of non-commercial/for profit events at the site, and to address public nuisance complaints; and WHEREAS, the applicant currently occupies 4,382 square feet (SF) of office space for the LBFFA and two office tenants, and the required parking ratio for office space is one parking space per 250 gross square feet (GSF) of floor area. The event space is 3,035 SF. There is no parking requirement in the SHMC for meeting or event space. Commercial/for profit events are not a permitted use in the SHMC. There is also no parking standard for clubs. The SHMC notes that commercial uses not specifically listed should be calculated at the one space per 250 GSF commercial rate. This would mean a total of 30 spaces are required; however, the approved variance reduces that to 26 spaces. The meeting and event space is occupied as an accessory use, and the office use and event use do not typically occur at the same time. Therefore, all 26 spaces are typically available during events. A condition of approval will require that all 26 spaces be available for event attendees and LBFFA members during events; and WHEREAS, on June 20, 2023, the Planning Commission held a duly noticed public hearing and all interested parties were given an opportunity to be heard regarding the proposed project and the Planning Commission unanimously voted to amend the conditions of approval to add a condition to ensure no overlapping of use of the City parking lots by the City for City events and the LBFFA for larger events, and recommended City Council approve CUP 23-01; and WHEREAS, on July 14, 2023, notices were mailed to property owners and residents within a 300’ radius of the subject site and to property owners and residents on the north side of East Hill Street between North Legion Drive and Rose Avenue, were posted and published in accordance with SHMC Section 1.08.010; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Signal Hill, California, does hereby find as follows:
Section 1. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15303 Class 1 as an Existing Facility (Class 1 Exemption). The proposed project consists of the continuation of event and office uses in an existing commercial building and does not involve expansion of the existing building or require offsite utility improvements. In addition, no exceptions to the exemption 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 event and office uses in an existing commercial building. Once the proposed 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 for events and its use of the adjacent City parking lots for large event parking (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 and (f) Would not cause a substantial adverse change in the significance of a historical resource.
Section 2. The proposed project, subject to the attached conditions, is in conformance with the zoning ordinance, other ordinances, and regulations of the City, and the following General Plan Goals and Policies:
LAND USE ELEMENT GOAL 3 – Assure a safe, healthy, and aesthetically pleasing community for residents and businesses.
Land Use Policy 3.9 – Safeguard residential neighborhoods from intrusion by nonconforming and disruptive uses.
Finding regarding Policy 3.10 – The requested CUP to allow the operation of a club, as permitted in the Commercial Residential (CR) zone, at the subject site, with events, allows the application of conditions of approval for operation of the club and events. Conditions address, among other things, the number of large events, the allowance for use of the City parking lot, and the management of events, along with an annual review of the applicant’s compliance with the conditions. These conditions allow the use to conform with the SHMC Section 20.20.020 “Use classifications,” and establishes safeguards against disruptive activities related to the event use.
Section 3. The LBFFA club facility and offices are located on a developed commercial property that is adequate in size and shape to accommodate the operation and maintenance of the offices and events. Regarding large events, the LBFFA has entered into an agreement with the City for the use of the adjacent city parking lots for large events, which satisfies parking requirements. If the agreement is not executed or otherwise lapses due to termination, suspension, expiration or other reasons, then the LBFFA shall cease holding large events, as defined, unless and until a new agreement is executed by the City and LBFFA. Alternatively, the LBFFA may find alternative parking area(s) besides the City’s parking facilities, but such alternative parking arrangements shall be approved in the City’s sole and absolute discretion. Landscaping, loading areas, and all other features of the project otherwise conform with the development standards of the SHMC.
Section 4. The streets surrounding the site for the proposed use and related to the Streets and Highways Element of the General Plan are adequate in width and pavement type to carry the quantity and type of traffic generated given the conditions of approval of CUP 23-01 which require monitoring and management of vehicular and pedestrian traffic during all events, and given the terms of the License Agreement requiring annual written notices to residents which include contact information for reports of concern and the ability by the City to terminate the use of the City parking lots at any time for any reason.
Section 5. The proposed use, with the application of the conditions of approval, will have no adverse effect on abutting property or the permitted use thereof. The applicant shall conduct a noticed neighborhood meeting at the subject site following the completion of three large events to obtain input from the public regarding any impacts they have experienced. The applicant shall provide a summary report of the meeting to be shared with the City Council during the CUP annual review, or sooner if determined necessary by the Director of Community Development. If numerous reports of concern from the community are documented as nuisances, the item may be scheduled for review by the City Council which may modify the conditions of approval, or ultimately revoke the CUP pursuant to SHMC Section 20.64.120.
Section 6. The conditions attached hereto are deemed necessary to protect the public health, safety, and general welfare of the community.
Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall in the City of Signal Hill, located at 2175 Cherry Avenue, Signal Hill, CA 90755. The City Clerk is the custodian of the record of proceedings.
Section 8. Execution of Resolution. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
Section 9. Notice of Exemption. The City Council directs staff to prepare, execute and file with the County Clerk a Notice of Exemption within five (5) working days of the project approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Signal Hill does hereby approve CUP 23-01 subject to the conditions attached hereto as Exhibit A and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Signal Hill, California, on this 25th day of July 2023. __________________________
TINA L. HANSEN
MAYOR
ATTEST:
_____________________
DARITZA GONZALEZ
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
I, DARITZA GONZALEZ, City Clerk do hereby certify that Resolution No. 2023-07-xxxx was adopted by the City Council of the City of Signal Hill, California, at a regular meeting held on the 25th day of July 2023, and was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DARITZA GONZALEZ
CITY CLERK
Resolution No. 2023-07-xxxx
July 25, 2023