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Home My WebLink AboutPC Res 06-47 - 2006-10-18 RESOLUTION NUMBER 06-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 06-2, ADDING SECTION 28- 208.3, DEFINING AUTOMOTIVE TOW BUSINESS, AND ADDING SECTION 28- 1400.K.I0 "AUTOMOTIVE TOW BUSINESS" AS A CONDITIONALL Y PERMITTED USE IN THE GENERAL COMMERCIAL (C-2) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On September 6 the Planning Commission considered a Staff Report on "Determination of Proper Zoning - Automotive Tow Business." Section 2. After consideration and discussion among the Commission, the Commission adopted Resolution 06-42, recommending that automotive tow business operations within the City of Seal Beach be allowed within the General Commercial (C-2) Zone, subject to approval of a Conditional Use Permit and would be implemented by the City Council by its adoption of Council Policy 600-12, Automotive Tow Business. Section 3. The proposed Zone Text Amendment would: o define "automotive tow business"; o specify such use as a conditionally permitted use in the General Commercial (C- 2) zone; and o recommend adoption of a City Council Policy regarding imposition of standard conditions when such use is located within 300 feet of a residential zoning district. Section 4. Pursuant to 14 Calif. Code of Regs. 9 15305, staff has determined as follows: The application for Zoning Text Amendment 06-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15305 (Minor Alterations in Land Use Limitations) because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to 9 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Z \My Documents\RESO\ZT A 06-2 Auto Tow Busmess PC Reso doc\L W\ 10-19-06 Planning Commission Resolution Number 06-47 Zone Text Amendment 06-2: Automotive Tow Business October 18, 2006 Section 5. A duly noticed public hearing was held by the Planning Commission on October 18,2006 to consider Zone Text Amendment 06-2. Section 6. The record of the hearing indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements for the operation and location of Automotive Tow Businesses within the City. (c) this Resolution. The proposed amendments are summarized above in Section 3 of Section 7. Based upon the facts contained in the record, including those stated in ~ 5 and 9 6 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 06-2 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed new regulatory provisions regarding Automotive Tow Business locations and operations within the General Commercial (C-2) Zone is consistent with the General Plan. The proposed amendment will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements by establishing a definition and setting forth operational standards for Automotive Tow Businesses when located within 300 feet of an existing residential zone district. Section 8. The Commission also recommends adoption by the City Council of Proposed City Council Policy 600-12, Automotive Tow Business, as attached to this resolution as "Exhibit A" which sets forth standard conditions for such land use when located within 300 feet of a residential zone district. Section 9. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 06-2 to the City Council as set forth below: A. Amend Article 2, Definitions, to add a new Section 28-208.3, "Automotive Tow Business" as follows; ZT A 06-2 Auto Tow BUSiness PC Reso 2 Planning Commission Resolution Number 06-47 Zone Text Amendment 06-2: Automotive Tow Business October 18, 2006 "Section 28-208.3. Automotive Tow Business. "Automotive Tow Business" means a business engaged in removing or delivering to public or private property a motor vehicle by towing, carrying, hauling, or pushing, including automotive service stations or an auto repair shop that has a tow truck and repairs vehicles on-site." B. Amend Article 14, General Commercial Zone (C-2 Zone), Section 28-1400, Permitted Uses, sub-section K, conditionally permitted uses by adding a new subsection 10, as follows; "Section 28-1400.K.10, Automotive Tow Business, in compliance with all requirements of the City Council Policy on Automotive Tow Business." PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of October , 2006, by the following vote. AYES: Commissioners Ladner, O'Malley, and Roberts NOES: Commissioners Bello ABSENT: Commissioners Deaton ABSTAIN: Commissioners ~Whittenber Secretary of the Planning Co ZT A 06-2 Auto Tow Busmess PC Rcso 3 Planning Commission Resolution Number 06-47 Zone Text Amendment 06-2: Automotive Tow Business October 18, 2006 "EXHIBIT A" CITY OF SEAL BEACH COUNCIL POLICY SUBJECT: Automotive Tow Business SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CITY MANAGER APPROVAL APPROVAL 600 12 --1--106 --1--106 1. SCOPE This "Automotive Tow Business" Policy applies Citywide. 2. PURPOSE AND INTENT To establish a policy regarding the appropriate operational characteristics of an "Automotive Tow Business" operation when such use is located within 300 feet of a residential zone district. 3. POLICY The following land use standards shall apply to "Automotive Tow Business" operations within the City of Seal Beach: Standard and Proiect-Specific Conditions: The following standard conditions shall be imposed by the Planning Commission on any request to operate a tow service within 300 feet of residentially zoned property: D No chain dragging before 8 AM or after 9 PM; D No backing-up of tow vehicles before 8 AM or after 9 PM; D All vehicle drop areas shall be on private property, no dropping of towed vehicles on a public street or alley is permitted; D Submission of an "Operations Guideline" document to the Director of Development Services for review and approval that will be provided to other tow companies that would be expected to deliver ZTA 06-2 Auto Tow Busmess PC Reso 4 Planning Commission Resolution Number 06-47 Zone Text Amendment 06-2: Automotive Tow Business October 18, 2006 vehicles being towed to the business location at a customers request after business operating hours: D The "Operations Guidelines" shall emphasize the importance being a good neighbor during their time at your business location. D Said "Operations Guidelines" shall specifically request that all tow vehicle operators utilize only the major frontage roadway to access the subject property, and to enter and exit in such a manner as to require no backing up, if possible. D Said "Operations Guidelines" should also strongly encourage no use of any local street that provides access to a residential neighborhood for any maneuvering or dropping off of towed vehicles. D Said "Operations Guidelines" shall also require any separate tow business that drops off a vehicle between 9 PM and 8 AM to leave a form indicating the time the towed vehicle was dropped off and the contact number of the tow company and the driver name of the tow vehicle. The Planning Commission may impose other conditions to ensure that the use of property during automotive tow business activities is conducted in a manner to be compatible with the surrounding neighborhood. 4. ISSUANCE Approved by City Council on (Insert Date of City Council Approval) * * * * ZT A 06-2 Auto Tow BUSiness PC Reso 5