CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
7/25/2023
AGENDA ITEM
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: CARLO TOMAINO
CITY MANAGER
BY: COLLEEN T. DOAN
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT:
PUBLIC HEARING - CONDITIONAL USE PERMIT 23-01 TO OPERATE THE LONG BEACH FIREFIGHTERS’ ASSOCIATION CORPORATION LOCAL 372 AS DEFINED
BY THE SIGNAL HILL MUNICIPAL CODE AND TO ALLOW LIMITED LARGE
EVENTS AND USE OF THE ADJACENT CITY PARKING LOT PURSUANT TO AN
EXECUTED LICENSE AGREEMENT AND FINDING THAT SAID ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 Summary:
Form of Notice: Notice was published in the Signal Tribune newspaper per Government Code §65091(a)(4) on July 14, 2023; mailed to property owners and residents within a 300’ radius of the subject site on July 14, 2023; mailed to property owners and residents on North Legion Drive and on the north side of East Hill Street between North Legion Drive and Rose Avenue on July 14, 2023; and posted in accordance with Signal Hill Municipal Code (SHMC) Section 1.08.010 at City Hall, Signal Hill Library, Reservoir Park, and Discovery Well Park on July 14, 2023.
Kevin Scott, the authorized agent on behalf of the property owner, the Long Beach Firefighters’ Association Corporation Local 372 (LBFFA), is requesting a Conditional Use Permit to operate a club as defined by SHMC Section 20.04.153, to include holding events at its existing offices at 2201 Cherry Avenue as allowed in the Commercial Residential (CR) zoning district.
Recommendations:
1. Adopt a resolution approving Conditional Use Permit 23-01, to allow operation of a club with associated, limited large events, entitled:
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 CITY OF SIGNAL HILL Page 1 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
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
2. Adopt a resolution approving the Parking License Agreement between the City of Signal Hill and the LBFFA, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKING LICENSE AGREEMENT BETWEEN THE CITY OF SIGNAL HILL AND THE LONG BEACH FIREFIGHTERS’
ASSOCIATION ALLOWING NON-EXCLUSIVE, LIMITED, AND CONDITIONAL USE OF THE CITY PARKING LOTS AT 1919 EAST HILL STREET AND FINDING THAT SAID ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301
Strategic Plan Objectives:
Goal 5: Ensure an enhanced quality of life for the residents.
Goal 6: Promote a transparent and open government.
Fiscal Impact:
There is minimal fiscal impact associated with the recommended action.
Background:
In 1976, the City issued a Certificate of Occupancy for the newly constructed commercial building on the subject site that has an approved variance allowing, among other items, a reduction in the total number of onsite parking spaces to 26 spaces. In 2016, according to property transaction records, the LBFFA purchased the property at 2201 Cherry Avenue and in 2017 the City issued building permits for interior renovations by LBFFA.
Over the past several years, staff has observed events hosted by LBFFA at the subject location, and observed the use of the City parking lots on North Legion Drive by event attendees. In addition, residents living adjacent to the upper City parking lot on North Legion Drive have reported noise and other issues of concern associated with weekend and nighttime event attendees.
In 2022, City staff began discussions with the LBFFA to inquire about the nature, frequency, and size of events being held, to review the available and required onsite parking, to consider options for use of the City parking lots on North Legion Drive for large events, to review the land use designation pursuant to the City Zoning Code, and to address reported issues of concern.
On June 20, 2023, the Planning Commission held a duly noticed public hearing to consider the requested Conditional Use Permit (CUP). Eleven people were in attendance in the City Council Chambers and four attended virtually. Five residents spoke, in addition to the applicants representing the LBFFA. All five of the residents who spoke live on North Legion Drive, including two residents living adjacent to the upper City parking lot. One written comment (Attachment A) was submitted for CITY OF SIGNAL HILL Page 2 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
living adjacent to the upper City parking lot. One written comment (Attachment A) was submitted for the record along with a petition signed by 46 Signal Hill residents, all but one of which resided on North Legion Drive, Cherry Avenue, Rose Avenue or East Hill Street near the subject site. In general, the comments of concerns consisted of the following:
· Past events causing noise and congestion on North Legion Drive. · Disturbances caused by unmonitored use of the upper City parking lot. · The number of annual large events proposed (10).
· Reports from an April 2022 neighborhood meeting with the LBFFA. · Objection to the use of any of City parking lots for LBFFA events.
The applicants acknowledged there had been mistakes made in the past and their knowledge and agreement of the terms of the CUP conditions of approval (see Exhibit A to the CUP resolution). The Planning Commission amended the recommendation to add a condition of approval for staff to monitor the timing of the LBFFA large events and use of the City parking lots to ensure these do not coincide with the City’s use of the parking lots for City events. The Planning Commission then voted unanimously to recommend City Council approve the amended CUP.
Analysis:
Authorized Agent
The property owner, LBFFA, authorized Kevin Scott, the LBFFA’s Chief Financial Officer, to act as the authorized agent for the project.
Site Description
The site is currently developed with an existing commercial building with offices and a meeting area, a tuck-under enclosed parking garage, landscaping, and an illuminated tenant monument sign on Cherry Avenue. In 1976 when the City issued the Certificate of Occupancy, all aspects of the building, landscaping, and signage were constructed with proper permitting and an approved variance for reduction in several items including parking. In 2023, the LBFFA installed new electric garage doors which require a building permit; however, no permit was requested. The Building Inspector informed the LBFFA of the requirement and a permit application is currently under review.
The existing zoning designations and land uses for the project site and adjacent properties are as shown below:
CITY OF SIGNAL HILL Page 3 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
PROJECT VICINITY MAP
Land Use
Pursuant to SHMC Section 20.04.153, a club is defined as an association of persons, whether or not incorporated; religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit. SHMC Section 20.20.020 allows a club or lodge in the CR zoning district, subject to approval of a CUP.
LBFFA Operations
The applicant currently occupies office space for the LBFFA and leases office space to two tenants; however, LBFFA reports, and staff has observed that the offices are not occupied daily. The applicant offers the interior event space to other clubs, groups, and individuals, at no expense. Alcohol is CITY OF SIGNAL HILL Page 4 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
offers the interior event space to other clubs, groups, and individuals, at no expense. Alcohol is allowed to be served at the events, but no alcohol is sold. Therefore, no license is required by the State Department of Alcohol Beverage Control. The existing floorplan is as follows:
· 4,382 square feet of office space; and
· 3,035 square feet of meeting, kitchen, and event space (red hashed area).
Off-Street Parking
The City previously approved a parking variance for the development in 1973 which allowed for a total of 26 onsite parking spaces (Attachment B). There are 26 existing parking spaces onsite in the tuck-under parking garage. For office space, the SHMC requires one parking space per 250 gross square feet (GSF) of floor area. The designated office space is approximately 4,382 square feet (SF) and requires 18 parking spaces. There is no parking requirement in the SHMC for meeting or event space. Commercial (for profit events) is not a permitted use in the SHMC. There is also no parking standard for clubs. However, the SHMC notes that commercial uses not specifically listed shall be calculated at the one space per 250 GSF commercial rate. The event space is approximately 3,035 SF and would require a total of 12 spaces. This would result in a total of 30 required parking spaces for the use if not for the 1973 approved variance. The meeting and event space is occupied as an accessory use and the two uses, office and event do not typically occur at the same time. Therefore, all 26 onsite spaces are typically available during events. A recommended condition of approval will require that all 26 spaces be available for event attendees and LBFFA members during events and that the garage spaces be parked first for all events.
· Office Space: 4,382 SF / 250 SF = 17.5 (18 spaces required). · Meeting and Event Space: 3,035 SF / 250 SF = 12.1 (12 spaces required). · Approved variance = 26 on-site spaces.
The parking garage layout is shown below, providing 26 onsite spaces, one of which is an accessible CITY OF SIGNAL HILL Page 5 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
The parking garage layout is shown below, providing 26 onsite spaces, one of which is an accessible space. The approved development plans show six additional tandem parking spaces in the easterly drive aisle; however, the required 26 spaces only include one parking space in that aisle. The two newly installed mechanical doors require an after-the-fact permit which is pending. A recommended condition of the CUP includes completion of the after-the-fact building permit for the garage doors.
The LBFFA submitted plans for the permit which are under review by the City.
LBFFA Parking Garage
City Parking License Agreement
The City-owned parking lots consist of an upper lot with 45 spaces and a lower lot with 25 spaces.
Both lots are located to the west of the LBFFA building, across North Legion Drive. The City Attorney’s office assisted with preparation of a Parking License Agreement to allow limited use of the City parking lots for larger events for no more than 10 times per year. Large events have been defined as events with 55 or more attendees (Exhibit A to the Parking License Agreement Resolution). Staff would like to note that the purpose of the License Agreement is to enable the use of the City’s parking for events with more than 55 attendees. The License Agreement can be terminated by the City at any time, for any reason. If the City terminates the License Agreement, the LBFFA club use could continue under the CUP; however, the City would amend the CUP to eliminate large events. The License Agreement was not a part of the Commission’s consideration of the CUP and was provided for reference only. The City Council is the authority to consider approval of the License Agreement. The following items summarize important details of the License Agreement:
· Notwithstanding the executed License Agreement, the City may at its own discretion approve or deny use of either of the two City parking lots at any time. · If the City denies use of the City parking lots when a large event is requested the event will then be prohibited and only a small event, not requiring the use of the City parking lot would CITY OF SIGNAL HILL Page 6 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
then be prohibited and only a small event, not requiring the use of the City parking lot would be allowed.
· The City at its discretion, may cancel the License Agreement and terminate any future use of the City parking lots at any time, for any reason.
Therefore, should the use of the City lots by the LBFFA create issues of concern from neighbors, the City may either amend the CUP Conditions of Approval to adjust the terms of usage, or the City may terminate the License Agreement altogether. This approach provides the City with multiple tools to assess and manage the use of the City lots. CUP condition number three includes the following language tying large events to the License Agreement:
“Large events are allowed, as provided herein (condition numbers 1-13), as long as the City and LBFFA have a valid, executed parking license agreement in place that allows the LBFFA to use the City’s parking facilities for such large events. If the parking license agreement is no longer valid due to, among other things, termination, expiration, suspension or other reasons, then the LBFFA shall cease holding large events unless and until a new agreement is executed by the parties.
Alternatively, LBFFA may find alternative parking area(s) for their large events, however, such alternative parking shall be approved by the City in its sole and absolute discretion.” Large Events
The recommended conditions of the CUP regarding large events include a requirement to notify the City and submit a Large Event Application for review by the City to include the following items:
· An Event Notice - A minimum 72-hour notice to the City of the event. · An Event Deposit - A deposit of $2,000 shall be made with submittal of the first Application of a Large Event to cover staff time for review, noticing, and inspections. The deposit will be charged on a “time and material” basis. The applicant shall replenish the deposit annually, or as needed in the City’s sole discretion.
· An Event Description - A narrative description of the event, noting the type, date, and hours of the event, whether alcohol will be served, the estimated number of attendees, type of music and if live music, number of musicians, and a contact name and phone number of a LBFFA member who will be on site during the entire event to take any reports or inquiries from the public.
· A Large Event Calculation - The total number of large events previously held in the calendar year (no more than 10 large events are permitted in a calendar year). · Notice Confirmation - Pursuant to the procedures of the executed parking License Agreement with the City, the applicant shall on an annual basis, commencing with the date of the CUP approval by City Council, provide confirmation that it has notified neighboring residential properties of its club status and intended event activities and that it has provided current contact information for any inquiries or concerns during all events. The LBFFA would be required to mail notices to all residents and property owners on North Legion Drive, all property owners on the east side of Rose Avenue, all property owners on the north side of CITY OF SIGNAL HILL Page 7 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
property owners on the east side of Rose Avenue, all property owners on the north side of East Hill Street between North Legion Drive and Rose Avenue, the Community Development Director at City Hall, and the Director of Parks, Recreation, and Library Services at the Public Library.
· Parking, Traffic Management, Security - At a minimum each Large Event shall have one parking attendant on-site. The name of the firm, or individual, contact information, location, and number of the parking attendants, crossing guards, for access across North Legion Drive, and any security personnel who will assist during the event shall be provided. Such parking, traffic, or security personnel shall be required to be in place a minimum of 30 minutes prior to the beginning of the event and remain on duty until the last event attendee and LBFFA member has left the property and the City parking lots and if an evening event, the LBFFA building is closed.
· Confirmation of Parking Order - A statement that all 26 onsite parking spaces in the LBFFA tuck-under parking garage will be available and will be parked prior to use of the City parking lots and that parking spaces in the City lower parking lot will be parked before use of spaces in the City upper parking lot, and finally confirmation that no parking will be allowed in the northerly three parking spaces in each row of the City upper lot. Those spaces will be blocked off and monitored by the parking attendant during the event. · Event Signage - A site plan and sign design for temporary signage for the event parking (not located within the street or sidewalk areas) directing parking into the tuck-under garage first, then the City lower parking lot, and finally in the City upper lot and including signage design and placement for the upper lot prohibited parking spaces.
Conditions of Approval to Address Nuisances
The following nuisance abatement conditions shall apply to all events whether large or small:
· All events may only be held between the hours of 8 A.M. and 9 P.M. Monday through Friday, 9 A.M. to 10 P.M. on Saturday and no events on Sunday.
· No more than ten large events (55 attendees or more) may be held within each calendar year. · Pursuant to the procedures of an executed Parking License Agreement with the City, the applicant shall on an annual basis, commencing the date of the CUP approval by City Council, provide confirmation that it has notified the neighbors of their club status and event activities and provided current contact information for any inquiries or concerns during the event (details of who to notice is included in the Conditions of Approval). · Should the City receive noise or other reports of issues of concern deemed nuisances pursuant to the SHMC, City staff will work with the applicant to mitigate the concerns by all reasonable measures including but not limited to reducing or eliminating the music, reducing the event hours, size, or number, or if necessary, as recommended by the Community Development Director and approved by the City Council, eliminating events altogether. · The applicant shall hold a noticed neighborhood meeting at the LBFFA site, following the CITY OF SIGNAL HILL Page 8 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
· The applicant shall hold a noticed neighborhood meeting at the LBFFA site, following the completion of three large events. Notices shall be mailed to all property owners and residents on North Legion Drive and to all property owners within a 300’ radius of the LBFFA site ten days in advance of the meeting date. The purpose of the meeting is to obtain input from the public regarding any impacts experienced. The applicant shall provide a summary report of the meeting to the Community Development Director, to be shared with the City Council during the CUP annual review, or sooner if determined necessary by the Director of Parks, Recreation, and Library Services.
Tuck-Under Garage Conditions
· The mechanical garage doors on East Hill Street were installed without a building permit and an After-the-Fact permit shall be applied for and finaled within two months of the date of the Planning Commission public hearing of the item (June 20, 2023).
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 it 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 (Attachment C).
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 event and office uses 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 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.
f. Would not cause a substantial adverse change in the significance of a historical resource.
CITY OF SIGNAL HILL Page 9 of 10 Printed on 7/21/2023
powered by Legistar™
7/25/2023
If the Project is approved, a Notice of Exemption would be filed with the County Clerk’s Office within five working days of such approval.
Attachments:
A. June 20, 2023, Planning Commission Written Comment
B. 1973 Parking Variance
C. CEQA Class 1 Exemption
D. CUP Resolution
E. Exhibit A to Resolution - Conditions of Approval
F. Parking License Agreement Resolution
G. Exhibit A to Resolution - Parking License Agreement
CITY OF SIGNAL HILL Page 10 of 10 Printed on 7/21/2023
powered by Legistar™