The purpose of this chapter is to provide for and regulate uses which are determined to be accessory to the Signal Hill Auto Center dealerships. This chapter allows Signal Hill Auto Center dealerships to operate accessory uses on properties outside of the SP-4 Auto Center Specific Plan and provides much needed additional space for Signal Hill Auto Center dealerships to store inventory, conduct wholesale facilities for trade-in vehicles and previously leased vehicles and provide other Auto Center related services on properties in the industrial zoning districts.

(Ord. 2016-06- 1487, § 3)

   A.   Required Findings. The approving body shall only approve the accessory use if the following findings are made:

      1.   That the proposed use will not be detrimental to the community and to property in the vicinity.

      2.   That based on one of the two following criteria the proposed use qualifies as an Auto Center accessory use:

         a.   The proposed use is owned or operated by a factory-authorized or nationally franchised automobile, truck and motorcycle sales and service dealership which has a permitted facility located in the SP-4 Auto Center Specific Plan zoning district or;

         b.   The proposed use is not owned or operated by a factory-authorized or nationally franchised automobile, truck and motorcycle sales and service dealership located in the SP-4 Auto Center Specific Plan zoning district however, it can be determined that it is the "sole or majority service provider" of the specific service to a factory-authorized or nationally franchised automobile, truck and motorcycle sales and service dealership located in the SP-4 Auto Center Specific Plan zoning district.

   B.   Factors For Determination of "Sole or Majority Service Provider". When making a determination of what constitutes a "sole or majority service provider", the applicant shall submit documentation in support thereof and the approving body shall consider the following factors for such determination including, but not limited to:

      1.   Whether the proposed accessory use is consistent with the purpose of the SP-4 Auto Center Specific Plan pursuant to Section 20.47.010;

      2.   Whether the proposed accessory use is automobile, truck or motorcycle sales and service related;

      3.   Whether the proposed accessory use is incidental and subordinate to a permitted factory-authorized or nationally franchised automobile, truck and motorcycle sales and service dealership located in the SP-4 Auto Center Specific Plan zoning district;

      4.   Whether the proposed accessory use has an existing contract for a significant period of time to do business with or can reasonably be associated with a factory-authorized or nationally franchised automobile, truck and motorcycle sales and service dealership located in the SP-4 Auto Center Specific Plan zoning district; and

      5.   Whether the proposed accessory use can demonstrate that it is the "sole or majority service provider" of the specific use being provided to a dealership located within the SP-4 Auto Center Specific Plan zoning district.

(Ord. 2016-06-1487, § 3)

   A.   Compliance Plans. Two compliance plans for property improvements, maintenance and operations for the vehicle storage uses shall be prepared and submitted for review. First, following a finding of determination that the proposed vehicle storage is an Auto Center accessory use pursuant to Section 20.24.020, the property owner or applicant shall prepare and submit term I interim improvements compliance plan pursuant to Section 20.24.040. Second, if the property is intended to be used as vehicle storage beyond term I, the property shall be subject to the term II permanent improvement plan requirements pursuant to Section 20.24.050. Within one year of initiation of the vehicle storage use, the property owner or applicant shall prepare and submit a term II permanent improvements plan pursuant to Section 20.24.050 unless a statement of intent to terminate the use and vacate the property at the end of term I is submitted.

      1.   Deposit. A deposit of one thousand dollars shall be submitted and maintained on-file during the use of the property for auto storage, to cover the cost of plan review, annual property inspections and other expenses as provided in the developer deposit policy established by city council resolution.

      2.   Application. The property owner or applicant shall submit a compliance plan application for the proposed property improvements, maintenance and operations for the vehicle storage use, including but not limited to the compliance requirements provided in this Section, to the community development department prior to initiation of the use.

   B.   Term Time Limits.

      1.   Term I shall be a maximum of three years from the date of initiation of the use, unless a one year extension is granted by the director of community development, pursuant to Section 20.24.040(D).

      2.   Term II does not have a maximum time limit.

   C.   Approved compliance plans shall be mailed to the applicant and shall be kept on file in the community development department. Noncompliant properties are subject to remedy and revocation pursuant to Section 20.24.030(F)2.

   D.   Improvement Installation.

      1.   Term I interim improvements shall be installed before initial use of the site for vehicle storage, to the satisfaction of the director of community development.

      2.   Term II permanent improvements shall be installed on or before the expiration of the term I or extension of term I, to the satisfaction of the director of community development.

   E.   Compliance Plans Run With the Land. Compliance plans shall continue to be valid upon a change of property ownership. The vehicle storage use may continue with a change in tenancy as long as the new tenants demonstrate that they are a "sole or majority service provider" pursuant to Section 20.24.020(B). In the event the new tenants cannot demonstrate that they are a "sole or majority service provider" pursuant to Section 20.24.020(B), the use shall be terminated and the site shall be restored in accordance with a property restoration plan.

   F.   Annual Review and Maintenance.

      1.   Annual Inspections. The community development department shall inspect all properties with approved compliance plans on an annual basis for compliance. The results of the annual inspection will be documented in an inspection report and shall be mailed to the property owner and kept on file in the community development department.

      2.   The property owner shall be responsible for compliance with all compliance plans even in cases where the property is leased to one or more tenants.

      3.   The director of community development or property owner may request revisions to the compliance plans as deemed necessary to promote the public health, safety, and general welfare.

   G.   Remedy or Revocation of Permit.

      1.   Remedy. The property owner shall be provided with 30 days from the date of the written notice to correct any violation or notice of noncompliance. The property owner may, prior to the thirty day expiration, request additional time and shall demonstrate reasonable cause for the delay. The director of community development may approve an extension to correct the noncompliant items, written notice of any extension granted will be provided to the property owner.

      2.   Revocation. The director of community development may revoke the compliance plan and auto storage accessory use, if violations or items of noncompliance are not remedied pursuant to Section 20.24.030(F)(1). Upon revocation, the property owner shall restore the property in accordance with the property restoration plan.

      3.   Appeal to the Planning Commission. Any property owner, or applicant wishing to appeal the remedy action or revocation, shall file such appeal in writing with the city clerk within ten calendar days of the date of mailing of an approved compliance plan or annual inspection report. An appeals fee shall accompany any filing. Following filing of an appeal, the planning commission shall hear the matter at a noticed public hearing on the next regularly scheduled meeting at which the matter can be heard. The commission may sustain, modify or overrule the decision of the director of community development. The determination of the planning commission shall be final unless an appeal to the city council is timely filed.

(Ord. 2016-06-1487, § 3)

   A.   Application Submittal. At a minimum, the compliance plan application for term I shall include the following:

      1.   Term. The property owner or applicant shall indicate the intended term for use of the site for vehicle storage.

      2.   Statement of Intent. A statement of intent shall be provided describing the proposed accessory use, existing land use and site conditions, proposed site improvements and maintenance and operations standards.

      3.   Required Plans. The following plans shall be submitted as part of the term I compliance plan:

         a.   Paving Plan. A conceptual plan shall be submitted for installation of paving pursuant to city standards. As an alternative plan, the applicant may propose to install partially compacted gravel grindings or other material for the interior parking, access drives and storage areas in order to eliminate dust and track out onto streets. Alternative paving plans shall be designed to the satisfaction of the city engineer.

         b.   Screened Fencing Plan. A fencing plan shall be submitted to provide perimeter fencing of the site. Fencing shall comply with the following:

            1)   Fences shall be six to eight-foot high chain link fences with strudy vertical galvanized steel posts set in solid footings with horizontal galvanized pipe members to provide a sturdy framework for the stretching of chain link consistent with City Standard Plan No. 230.

            2)   Fences shall be screened with durable dark green screening material or vinyl privacy slats designed to fit the chain link and installed evenly to provide uniform appearance and screening and shall be free of graffiti, holes or tears.

            3)   Replacement fences may include salvageable existing sturdy fence posts however, chain link shall be stretched tightly and top and/or bottom horizontal pipe and additional posts may be necessary to provide a frame sturdy enough to stretch chain link tightly.

            4)   Sections of replacement fencing may be placed in the same location as the existing fence irrespective of building setbacks or yard requirement of the underlying zone.

            5)   New fences shall conform to the setback requirements of the underlying zone.

            6)   No sign may be attached to any fence except as provided by the sign ordinance.

            7)   No barbwire of any type shall be attached atop the fence.

            8)   Building permits shall be obtained for all replacement fencing.

         c.   On-site NPDES and MS4 Improvement Plan. A conceptual drainage plan, grading plan, or alternative plan addressing stormwater runoff, drainage and on-site retention improvements shall be submitted and shall include an installation schedule to the satisfaction of the city engineer.

         d.   Off-site NPDES and MS4 Improvement Plan. A conceptual drainage or grading plan addressing stormwater runoff, drainage and off-site retention improvements shall be submitted for perimeter and unimproved right-of-way areas and shall include an installation schedule to the satisfaction of the director of public works.

         e.   Loading Plan. A plan for loading and unloading vehicles at the site shall be submitted.

         f.   Security Lighting Plan. If any lighting is proposed, a security lighting plan shall be submitted and shall demonstrate that lighting will not impact adjacent properties.

         g.   Sign Plan. If any signs are proposed, a sign plan shall be submitted pursuant to Chapter 20.58 Signs.

         h.   Site Preparation Plan. A schedule for removal of all equipment, vehicles, debris or any items or structures unrelated to the proposed auto accessory use shall be provided.

         i.   Property Restoration Plan. The property owner shall submit a property restoration plan to the satisfaction of the director of community development, shall record conditions, covenants and restrictions to the satisfaction of the city which shall run with the land, and shall establish a schedule for the removal of any stored items, temporary improvements, and facilities related to the terminated auto storage use and restoration of the property back to its original state, or otherwise satisfactory condition pursuant to the approved restoration plan.

      4.   Statement for Maintenance and Operations. The following maintenance and operations standards shall be provided in a written statement to be included with the compliance plan.

         a.   Owner Responsibility. The property owner shall be responsible for bringing the property into compliance with the code and/or the compliance plan, even in cases where the property is leased to one or more tenants.

         b.   Current Business License. A business license shall be required each year, for each business location and tenant pursuant to Title 5 of the Signal Hill Municipal Code.

         c.   Miscellaneous Storage Not Permitted. Only storage directly related to the auto accessory use shall be allowed on site. No equipment, vehicles, debris or any items or structures unrelated to the proposed auto accessory use shall be stored on the property. In the event that a permitted oil well is located on site, items directly related and essential to the everyday oil operations of the well may be allowed to remain on-site upon such finding by the director of community development.

         d.   Trash and Debris. Property and perimeter areas shall remain free of trash and debris.

      5.   Additional Content. Any additional plans, statements for maintenance and operations, or other information as required by the director of community development.

   B.   Term I Compliance Plan Review Procedures.

      1.   The interim improvement compliance plan application shall be reviewed and approved, conditionally approved, or denied by the director of community development.

      2.   Appeal to the Planning Commission. Any property owner, or applicant wishing to appeal the interim improvement compliance plan as approved by the director of community development. shall file such appeal in writing with the city clerk within ten calendar days of the date of mailing of an approved compliance plan. An appeals fee shall accompany any filing. Following filing of an appeal, the planning commission shall hear the matter at a noticed public hearing on the next regularly scheduled meeting at which the matter can be heard. The commission may sustain, modify or overrule the decision of the director of community development. The determination of the planning commission shall be final unless an appeal to the city council is timely filed.

   C.   Extension of Term I. An extension of one year of term I may be granted by the director of community development.

      1.   The property owner or applicant shall submit a written request for an extension to the director of community development at least thirty calendar days prior to the expiration of the term I, three year term. The request must contain written justification for the extension.

      2.   A fee shall be required for any request for extension, in an amount established by city council resolution; but in the event a deposit is already on file for the project, the city's costs of processing the request for extension shall be deducted from the deposit.

      3.   If good cause is demonstrated for need of an extension, the extension may be granted by the director of community development and permanent improvements would then be installed on or before the expiration of the extension.

   D.   Termination and Restoration. Upon expiration of term I, termination of the use, or violation of the compliance plan without remedy, the use shall be terminated and the site shall be restored in accordance with the restoration plan and recorded covenant pursuant to this section.

(Ord. 2016-06-1487, § 3)

   A.   Application Submittal. In addition to compliance with all items required for the term I compliance plan, pursuant to Section 20.24.030(B), at a minimum, the following additional items shall be included in the application for a term II compliance plan:

      1.   Term. The applicant or property owner shall indicate how long the site will be used for vehicle storage. It shall be noted that the vehicle storage use may be allowed to operate indefinitely pursuant to compliance with a permanent improvement compliance plan and the Signal Hill Municipal Code.

      2.   Required Permanent Improvement Plans. Permanent improvement plans shall at a minimum include the following:

         a.   Paving Plan. A permanent paving plan shall be submitted for installation of paving pursuant to city standards. The applicant may propose continuation of partially compacted gravel grindings or other material for the interior parking. access drives and storage areas in order to eliminate dust and track out onto streets. Alternative paving plans shall be designed to the satisfaction of the city engineer.

         b.   Screened Fencing Plan. A fence plan shall be submitted to repair or replace any damaged or rusted fencing pursuant to the City Standard Plan No. 230 and the requirements of Section 20.24.040 A(3)b.

            1)   If an entire length of street adjacent perimeter fencing is required to be replaced, a fence plan shall be included on the permanent improvement plan. The plan shall provide that the replacement location conforms to the required setbacks within the zoning district.

         c.   Landscape Plan. A perimeter landscape plan shall be submitted that identifies existing landscaping and proposed landscaping and shall include an automatic irrigation system and drought tolerant materials pursuant to Section 13.10, Water Conservation in Landscaping.

         d.   On-site NPDES and MS4 Improvement Plan. A permanent drainage and grading plan addressing stormwater runoff, drainage and on-site retention improvements shall be submitted and shall include an installation schedule to the satisfaction of the city engineer.

         e.   Off-site NPDES and MS4 Improvement Plan. A permanent drainage or grading plan addressing stormwater runoff, drainage and off-site retention improvements shall be submitted for perimeter and unimproved right-of-way areas and shall include an installation schedule to the satisfaction of the director of public works.

         f.   Additional Content. Any additional plans, statements for maintenance and operations, or other information as required by the director of community development.

   B.   Term II Permanent Plan Review Procedures.

      1.   The permanent improvement compliance plan application shall be reviewed and approved, conditionally approved, or denied by the planning commission. The planning commission shall hear the matter at a noticed public hearing.

      2.   Notice of Public Hearing.

         a.   The notice of public hearing shall be given and shall contain the name and place of the hearing and other pertinent data presented in the application.

         b.   Notice shall be mailed not less than ten days before the date set for the hearing. to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

      3.   Appeal to the City Council. Any property owner, or applicant wishing to appeal the permanent improvement compliance plan as approved by the planning commission, shall file such appeal in writing with the city clerk within ten calendar days of the date of mailing of an approved compliance plan. An appeals fee shall accompany any filing. Following filing of an appeal, the city council shall hear the matter at a noticed public hearing on the next regularly scheduled meeting at which the matter can be heard. Notice of the hearing on the appeal shall be given as provided in subsection 2 of this section. The city council may sustain, modify, or overrule any decision of the planning commission. The decision of the city council shall be final.

      4.   Following city council decision of an appeal, any property owner failing to maintain their property in a condition consistent with an approved compliance plan, or in a condition that is otherwise in violation of any section of the code, shall be guilty of an infraction as provided in Chapter 1.16.

   C.   Termination and Restoration. Upon expiration of term II, termination of the use, or violation of the compliance plan without remedy, the use shall be terminated and the site shall be restored in accordance with the restoration plan and recorded covenant pursuant to Section 20.24.040(3)(i).

(Ord. 2016-06- 1487, § 3)