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)
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