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Home My WebLink AboutCC AG PKT 2007-02-12 #G e AGENDA REPORT DATE: February 12, 2007 TO: Honorable Mayor and City Council TIIRU: Mark Vukojevic, Acting City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1554, AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTIONS 28-281.3, 28-1400.K.I0 AND 28-2323 TO THE SEAL BEACH MUNICIPAL CODE REGARDING TOWING SERVICES (ZONE TEXT AMENDMENT 06-2) SUMMARY OF REOUEST: e Waive further reading and Adopt Ordinance No. 1554, An Ordinance of the City of Seal Beach Adding Sections 28-281.3, 28-1400.K.I0 and 28-2323 to the Seal Beach Municipal Code Regarding Towing Services (Zone Text Amendment 06-2). BACKGROUND: The City Council considered this matter on January 22,2007 and introduced the subject ordinance. It is now appropriate to adopt the subj ect ordinance. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Ordinance No. 1554, An Ordinance of the City of Seal Beach Adding Sections 28-281.3, 28-1400.K.I0 and 28-2323 to the Seal Beach Municipal Code Regarding Towing Services (Zone Text Amendment 06-2). e Agenda Item G- Z"lMy DocumOllt5\Clty CouncIIlOrdinBllco 1554 AdoptiOD (ZTA 06-2) CC StalfRoport.docIL W\OI-22'()7 e e e Adoption of Ordinance No. 1554- Zone Text Amendment 06-2 re: Towing Services City Council Staff Report February 12,2007 NOTED AND APPROVED: ~., Mark ukojevic, Acting City Manager Attachment: Ordinance No. 1554, An Ordinance of the City of Seal Beach Adding Sections 28-281.3, 28-1400.K.I0 and 28-2323 to the Seal Beach Municipal Code Regarding Towing Services (Zone Text Amendment 06-2) Ordinance 1554 Adoption (ZfA 06-2).CC StafrRepon 2 e e e ORDINANCE NO. 1554 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTIONS 28-281.3, 28-1400.K.10 AND 28- 2323 TO THE SEAL BEACH MUNICIPAL CODE REGARDING TOWING SERVICES (ZONE TEXT AMENDMENT 06-2) THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby amends Title 28, Zoning, Article 2, Definitions, to add a definition for "Towing Services", as follows: "Section 28-281.3. Towinll Services. "Towing Services": the act of removing or delivering to public or private property a motor vehicle by towing, carrying, hauling, or pushing." Section 2. The City Council hereby amends Title 28, Zoning, Article 14, General Commercial Zone (C-2 Zone), Section 28-1400.K., by adding a new subsection 10 to allow towing services as a conditionally permitted use, as follows: "10. Towing Services, subject to the provisions set forth in Section 28-2323." Section 3. The City Council hereby amends Title 28, Zoning, Article 23, General Provisions, by adding a new Section 28-2323 to establish performance and development standards for any business conditionally permitted to engage in towing services as follows: "Section 28-2323. Towinll Services: Performance and Develooment Standards. A. Puroose and Intent. These standards have been established to mitigate or prevent any negative impacts arising from the towing of vehicles. .. B. Conditional Use Permit Reauired. Prior to engaging in towing services at or from any private property located within the City, the applicant must first obtain a conditional use pennit for such use pursuant to Section 28-2503 et seq. c. Additional Standards for Towinll Services Located Within 300 Feet of Residentiallv Zoned Prooertv. In addition to complying with any other reasonable conditions imposed by the City, any person engaged in towing services at or from any private property in the City within 300,feet of residentially zoned property shall comply with the following requirements: Z'IMy Iiocunu:ntsIORDlZTA D6-2.Tow Service OOCILWIOI-22-o7 e e e {}rdinance No. 1554 Zone Text Amendment 06-2 Towing Services February 12, 2006 I. There sha1I be no chain dragging during the period between 9:00 p.m. and 8:00 a.m; 2. There shall be no backing-up of tow vehicles during the period between 9:00 p.m. and 8:00 a.m; 3. All vehicle drop areas shall be on private property; towed vehicles shall not be deposited on a public street or alley at any time; 4. The operator shall submit "Operation Guidelines" to the Director of Development Services for review and approval. Upon City approval, the operator shall provide the Guidelines to any other tow company that tows vehicles to the operator's business location after business operating hours. The "Operations Guidelines" shall: a. emphasize the importance of "being a good neighbor" and respecting neighboring uses and residents. b. 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. c. discourage the use of any local street tPat provides access to a residential neighborhood for any maneuvering or dropping off of towed vehicles. d. require any separate towing service that drops off a vehicle during the period between 9:00 p.m. and 8:00 a.m to leave a form indicating the time the towed vehicle was delivered and the contact number of the tow company and the driver name of the tow vehicle." Section 4. If any section, subsection, paragraph, sentence, clause or phrase hereof is for any reason held to be invalid, such invalidity shaII not affect the validity of the remaining portions. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a' meeting thereof held on the 12th day of Februarv .2007. Mayor CITY OF SEAL BEACH ZTA 06-2 Tow Service 2 e Ordinance No. ])54 Zone Text Amendment 06-2 Towing Services February 12,2006 ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number 1554 on file in the office of the City Clerk, introduced at a meeting held on the 22nd day of Januarv .2007, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the 12th day of Februarv .2007 by the following vote: AYES: Council members e NOES: Council members ABSENT: Council members ABSTAIN: Council members and do hereby further certify that Ordinance Number 1554 has been published pursuant to the Seal Beach CitY Charter and Resolution Number 2836. City Clerk e z:rA 06-2.Tow Serocc 3