HomeMy WebLinkAboutCC AG PKT 2007-01-22 #R
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AGENDA REPORT
DATE: January 22,2007
TO: Honorable Mayor and City Council
1HRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: PUBLIC HEARING - ZONE TEXT AMENDMENT 06-2
DEFINE "AUTOMOTIVE TOW BUSINESS' AND
SPECIFY AS A CONDITIONALLY PERMITTED USE IN
THE GENERAL COMMERCIAL (C-2) ZONE SUBJECT
TO SPECIFIED CONDITIONS
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SUMMARY OF REQUEST:
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Conduct public hearing. Approve Zone Text Amendment 06-2, as recommended by the
Planning Commission, or as may be further amended by the City Council.
Introduce Ordinance No. . An Ordinance of the City of Seal Beach Adding
Sections 28-208.3 and 28-1400.K.IO to the Municipal Code of the City of Seal Beach
Regarding Automotive Tow Businesses (Zone Text Amendment 06-2).
BACKGROUND:
The purpose of this public hearing is to:
Cl Amend Title 28, Zoning, Article 2, Definitions, to add Section 28-208.3,
Automotive Tow Business" as follows;
Cl 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.
D Amend Title 28, Zoning, 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;
D Section 28-1 400.K. 1 0, Automotive Tow Business, subject to compliance with
the following conditions when located within 300 feet of residentially zoned
e property:
Agenda Item /?
Z \My Doc:umentsIZTAIZT A 06-2.TQW Scrvic:es.CC Staff Report dooIL WI-OI-o3-Q7
Public Hearing - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow BlJSine..
City Council Staff Report
Jamtary 22, 2007
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[J No chain dragging before 8 AM or after 9 PM;
[J No backing-up of tow vehicles before 8 AM or after 9 PM;
[J All vehicle drop areas shall be on private property, no dropping of towed
vehicles on a public street or alley is permitted;
[J Submission of an "Operations Guidelines" 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 vehicles being
towed to the business location at a customer's request after business
operating hours:
[J The "Operations Guidelines" shall emphasize the importance being a
good neighbor during their time at your business location.
[J 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.
[J 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.
[J 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.
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The Planning Commission conducted a public hearing on October 18 and recommended
that the City Council, after receiving both written and oral testimony presented during the
public hearing, adopt ZTA 06-2 and an accompanying "City Council Policy" regarding
automotive tow businesses, as may be revised by the City Council after consideration of
all public testimony.
Please note that the Recommendation presented above differs from the Planning
Commission recommendation. Upon further discussions with the City Attomey and Staff
it was felt that the provisions contained within the PlAnning Commission recommended
"Council Policy" would be more enforceable and easier for staff to administer if they
were incorporated into the Zoning Ordinance itself. That is the only change from the
recommendation of the Planning Commission.
City Council Options:
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Staff has prepared the appropriate Ordinance for consideration by the City Council to
adopt ZTA 06-2 as recommended by the Planning Commission, and as modified by the
recommendation of Staff above. Please refer to Attachment 1 to review the required
Ordinance to adopt the provisions of ZTA 06-2, including the added language moved
from the proposed "Council Policy" document, as originally recommended by the
Planning Commission.
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irA 06-2.Tow Sorvices.CC SlllffRqlort
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Public Heming - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow Business
City Council StqffReport
January 22, 2007
Should the City Council disagree with the recommendations of the pJ..nning
Commission, as amended by Staff, it has the option of determining to make no change to
the existing provisions of the .Zoning Code, thereby having no standards within the
Zoning Code for an automotive tow business operation. The Council can also determine
to establish different standards or provisions' related to the proposed conditions when
such a use is to be located within 300 feet of residentially zoned property, based on the
public testimony. Lastly, the Council could refer the matter back to the Commission to
consider any new proposals that were not considered as part of the Planning Commission
deliberations.
The pJ..n..;ng Commission Resolution and minute excelpt are provided as Attachments 2
and 3, respectively. The Planning Commission Staff Report, including all attachments is
provided as Attachment 4. Written communications received at the pj..nn;ng
Commission public hearing are provided as Attachment 5.
FISCAL IMPACT:
None.
RECOMMENDATION:
Conduct public hearing. Approve Zone Text Amendment 06-2, as recommended by the
Pl..nn;ng Commission and as modified by Staff, or as may be further amended by the.
City Council.
Introduce Ordinance No. , An Ordinance of the City of Seal Beach Adding
Sections 28-208,3 and 28-1400.K.IO to the Municipal Code of the City of Seal Beach
Regarding Automotive Tow Businesses (Zone Text Amendment 06-2).
t1!fJ)//~
Director of Development Service
Attachments: (5)
, Attachment 1:
Ordinance No. , An Ordinance of the City of Seal
Beach Adding Sections 28.208.3 and 28-1400.K.lO to the
zrA 06-2. Tow SeMccs,CC SlalfRoport
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Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
zrA 06-2.Tow Serviccs.CC Staff Report
Public Hearing - Zone Tut Amendment 06-2
Proposed Regulati01lS re: Alltomotive Tow Busi1less
Ci/yCOIlI'ICilStajJRepurt A
JfJ1fIlll1'y 22. 2007 .,
Municipal Code of the City of Seal Beach Regarding
Automotive Tow Businesses (Zone Text Amendment 06-2)
plAnning Commission Resolution Number 06-47, A
Resolution of the Planning Commission of the City of Seal
Beach Re~ommending 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.IO "Automotive Tow Business" as a
Conditionally Permitted Use in the General Commercial
(C-2) Zone
Planning Commission Minutes, October 18, 2006
Planning Commission Staff Report, including all
Attachments, dated October 18,2006
Written communications received at plAnning Commission
public hearing on October 18, 2006
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Public Hearing - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow Business
City COll1lcil Staff Report
January 22, 2007
ATTACHMENT 1
ORDINANCE NO. , AN ORDINANCE
OF THE CITY OF SEAL BEACH ADDING
SECTIONS 28-208.3 AND 28-1400.K.I0 TO
THE MUNICIPAL CODE OF THE CITY OF
SEAL BEACH REGARDING AUTOMOTIVE
TOW BUSINESSES (ZONE TEXT
AMENDMENT 06-2)
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7:fA 06-2,Tow Somc<s.cc StalfRoport
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ORDINANCE NO.
AN ORDINANCE OF TIffi CITY OF SEAL BEACH
ADDING SECTIONS 28-281.3, 28-1400.K.I0 AND 28-
2323 TO TIffi SEAL BEACH MUNICIPAL CODE
REGARDING TOWING SERVICES (ZONE TEXT
AMENDMENT 06-2)
THE CITY COUNCIL 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 28-1400.1(, 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 permit 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:
57296-0001\945348.3 doc
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1. There shall be no chain dragging during the period between 9:00 p.m. and
8:00 am;
2. There shall be no backing-up of tow vehicles during the period between 9:00
p.m. and 8:00 am;
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 that 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 am 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 shall 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 ADOPlED by the City Council of the City of Seal Beach at a
meeting thereof held on the day of ,2007.
Mayor
CITY OF SEAL BEACH
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ATTEST:
City Clerk
STATEOFCALIFORNIA }
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 on file in the office of
the City Clerk, introduced at a meeting held on the day of
. 2007, and passed, approved and adopted by the City Council of the
City of Seal Beach at a meeting held on the day of
. 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
Seal Beach City Charter and Resolution Number 2836.
has been published pursuant to the
City Clerk
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S729t\-OOO 1 \94S348v3.doc
Public Hearing - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow Business
City Council Staff Report
January 22, 2007
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ATTACHMENT 2
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PLANNING COMMISSION 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
CONDITIONALLY PERMITTED USE IN
THE GENERAL COMMERCIAL (C-2) ZONE
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ZfA 06-2.row Services CC StaffRcport
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RESOLUTION NUMBER 06.47
A RESOLUTION OF TIlE PLANNING
COMMISSION OF TIlE CIlY' OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONING lEXT
AMENDMENT 06-2, ADDING SECTION 28-
208.3, DEFlNING' AUTOMOTIVE TOW
BUSINESS, AND ADDING SECTION 28-
1400.K.I0 "AUTOMOTIVE TOW BUSINESS"
AS A CONDmONALL Y PERMITTED USE IN
THE GENERA,L'CqMMERCIAL (C-2) ZONE
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THE PLANNING COMMIs:sio~{ OF TIlE CITY OF SEAL BEACH
DOES HEREBY RESOLVE: "
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Sectiori'l. Oil Sep~bCr 6 the Planning Commission considered a
Staff Report on "Determination ofProper"Zoning - Autom.Qtive Tow Business."
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Section 2. After consideration and discussion among the Commission,
the Commission adopted Resolution 0642, 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 ~f CoUnci.r~oli~y 600-12, Automotive Tow Business.
Section 3. l'he Propq~ed Zone TelQ: Amendment would:
[J defuie "automotive t(iw ~sSi,; . _ ,
[J specify such use as a: conditioi1ai1y' permitted use in the General Commercial (C-
2) zQne; and . .
[J 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. '
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Section 4. Pursuant to 14 Calif. Code of Regs. ~ 15305, staff has
determined as ~ollows: The application for Zoning Text Amendment 06-2 is categorically
exempt from review pursJ.IaDt to the California EnvironmeD'ta1 Quality Act pursuant to 14
Calif. Code of Regs. ~ 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 ~ 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 DocumeDISlRESOIZTA 06-2,Auto Tow Business.PC Reso,docILWlIO.I9.06
Planning Commission Resolution Number 06-47
Zone Text Amendment 06-2:
Automotive Tow Business
October 18, 2006 e
Section 5. A duly noticed public hearing was held by the Pl~nning
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 pl~nn;ng Commission.
(b) The proposed text amendment will revise the City's zoning
ordinance and enhance tb:e 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 oontained in the record, including
those stated in ~ 5 and ~ 6 of this resolution and pursuant to ~~ 28-2600 of the City's
Code. the pl?nn;ng Commission makes the following findings:
(a) Zoning Tfl]Ct Amendment 06-2 is consistent with the provisions of e
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 jhrough. 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; ..
zrA 06-2.Auto Tow BusiD....PC Rosa
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Planning Commission Resolution N1I1tIber 06-47
Zone Tat 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 Co=ercial 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..IO, 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
e Planning Commission
'!:fA 06-2.Aulll Tow B..in....PC R<so
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Planning Ccmmission lWolutirm Number 06-47
Zone Te%t 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-/06 -1-106
1. SCOPE
This "Automotive Tow Business. Policy applies Citywide.
2.
PURPOSE AND INTENT
To establis\1 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 wit~in the City of Seal Beach:
Standard and Proiect-SDeclfic 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:
o No chain dragging before 8 AM or after 9 PM;
o No backing-up of tow vehicles before 8 NJl or after 9 PM;
o All vehicle drop areas shall be on private property, no dropping of
towed vehicles on a public street or alley is permitted;
o 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
zrA 06-2 Al1to Tow Business.PC Rosa
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Planning Commission Resolution Number 06-47
Zone Text Amendment 06-2:
Automotive Tow Busine.ss ..
October 18, 2006 _
vehicles being towed to the business location at a customers
request after business operating hours:
o The "Operations Guidelines" shall emphasize the importance
being a good neighbor during their time at your business
location.
o Said "Operations Guidelines" shall specifically request that all
tow vehicre 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.
o 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.
o Said .Operations Guidelines' shall also require any separate
tow business that drops off a vehicle between 9 PM and 8 AM to
leave a-forrn indicating the time the towed-vehicle was dropped
off arid 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)
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ZfA 06-2.AutD Tow Busin...,pe Reso
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Public Hearing - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow Busi"",,!
City Council Stqff Report
January 22, 2007
ATTACHMENT 3
PLANNING COMMISSION MINUTES, OCTOBER 18, 2006
ZTA 06.2.row Services cc StaffRoport
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City of Seal Beach Planning Commission
Meeling Minutes of October 18, 2006
There being no one other questions, Vice-Chairperson Roberts closed the public
hearing.
Commissioner Comments
Commissioner O'Malley stated that although he understands what the applicant's wish
to do, there are still City standards that have to be met.
Commissioner Bello agreed, but said that given that there.are options for redesigning
she believes that the PC must abide by the Zoning Code (ZC). '
Vice-Chairperson Roberts said that he appreciates the challenge in getting this project
to an optimum design, and he understands the 20-foot requirement to allow for laundry
machines and perhaps some cabinets within a garage. He said that he ~nnot accept
the argument that the applicants will purchase small cars to make sure there is sufficient
room, and as noted by Mr. Whittenberg, the PC must look'at the long term results of this
decision.' He noted that in looking at the unique nature 'of this lot and the size of the
dining room, which is not out of proportion with any part of the house, and
understanding that the Dunbar's wish to preserve the 12-foot front yard, he would vote
to approve this project as proposed.
MOTION by Roberts; SECOND by Ladner to approve Variance 06-3, subject to
conditions, and adopt Resolution 06-46 as presented.
,.
MOTION CARRIED:
AYES:'
NOES:
ABSENT:
3-1-1
Roberts, Ladner, and O'Malley
Bello
Deaton
Mr. Abbe advised that the adoption of Resolution No. 06-46 begins a.10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
7,
Zone Text Amendment 06-2
Citywide
Applicant/Owner:
,
City of Seal Beach
Request: To define "Automotive Tow Business," and specify as a
conditionally permitted use in the General Commercial (C-2)
Zone.
'.
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Recommendation: Approval, subject to conditions, and adoption of Resolution
06-47.
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City of Seal Beach Pfenning Commission
Meeting Minutes of October 18, 2006
Vice-Chairperson Roberts asked if notices been posted and/or advertised and mailed as
required by law, and has Staff received any communications either for or against the
matter? Mr. Whittenberg stated that notice was published in the newspaper as required
by law and Staff has received one letter regarding this item and Staff is providing copies
of photos provided by the author of the letter. He noted that the letter raises issues and
does not comment in opposition or in favor of this proposal.
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Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
emphasized that what is before the PC tonight is a Zone Text Amendment (ZTA) that
would establish a definition for an auto tow business and require that in order to operate
within the City, this type of business must be located in the General Commercial (C-2)
Zone, which is the most intensive use zone in the city. He also noted that this use
would be authorized by approval of a Conditional Use Permit (CUP) by the Planning
Commission. He indicated that part of the suggested language is that ultimately the
City Council will adopt 'a' Policy Statement for operations of auto tow services located
within 300 feet of a residential 'zone.
Commissioner Questions
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None.
Public Hearina
Vice-Chairperson Roberts opened the public hearing.
Mr. Whittenberg stated for the record that for this particular item there is no other
applicant other than the City of Seal Beach.
Joel Harris said he is the owner of Automotive Excellence and had also owned and
operated the former. Seal Beach Union 76 service station for 27 years. He indicated
that he runs the Auto Club franchise for Seal Beach and part of Long Beach. He stated
that he never had any problems with towing within the City when operating at the former
Union 76 service station. He said he purcl:iased Automotive Excellence in August of
2005, at which time he was still operating the Union 76 station with its towing business,
with the idea of eventually moving over to the Automotive Excellence site when he lost
the lease for the Union 76 station. He noted that his service is one of the top
performers for the Auto Club and the major problem he has with the Staff Report for
Zone Text Amendment (zrA) 06-2 is the operational guidelines that make it appear that
he must ensure that other towing companies providing service are also in compliance
with the guidelines. He said that although he has a business license to operate within
Seal Be,ach, other towing companies can also tow cars into or out of the City, and with
the restrictions proposed against towing cars along side streets, he might be accused of
ving his trucks driving down side streets when other tow business trucks are actually
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City of Seal Beach Planning Commission
Mee/ing Minutes of October 18, 200B
doing so. Mr. Harris explained that most of the cars towed for the Auto Club do not
come to his business' for repairs, but go to car dealerships in other cities or to other
repair shops. He also noted that cars are towed 24 hours a day, but his shop is not
open 24 hours, and if another tow business drops off a car at his shop late at night and
is noisy when doing so, Mr. Harris could be blamed for this. He indicated that this issue
began a few months ago when one resident,of 10th. Street complained and the police
were called out. He noted that he had spoken to the police department and together
they wrote up guidelines to attempt to limit the noise in the moming.
Vice-Chairperson Roberts stated that these gUidelines are all about being a good
neighbor. He asked if Mr. Harris were averse to talking to other tow business operators
about the guidelines. Mr. Harris stated that he does not feel that this should be his
responsibility. Vice-Chairperson Roberts stated that from the standpoint of outside
services, the means of policing this issue is none}dstent. He asked how many trucks
Mr. Harris has in his fleet. Mr. Harris stated that he has a flatbed truck, two tow trucks,
and. one service truck. 'He noted that. because, 'of the current price of fuel, they are
attempting to handle' more calls without the use of the tow trucks. Vice-Chairperson
Roberts 'stated that the 'Planning' Commission (PC) is not asking him to police this
activity, but is requesting that he ask the tow service operators to tum down their radios
when and attempt to limit loud noises when dropping off cars, particularly late at night.
He then stated that he is very concerned about long-term parking of damaged
automobiles on the streets adjacent to Automotive Excellence. He noted that this is a
prominent location in Seal Beach and he would prefer to not see wrecked automobiles
parked in front of the business. Mr. Harris stated that since the last meeting on this
issue they no longer parl< damaged vehicles on the corner. Vice-Chairperson Roberts
asked what the policy is relative to these disabled vehicles. Mr. Harris stated that by
law he must hold the cars until contacted by the insurance company or the owner
requesting that their vehicle be towed to a specific location. Vice-Chairperson Roberts
asked how long this might take. Mr. Harris responded that he tries to make this happen
as soon as possible, and he is now having the cars parked behind the business in the
alley, so that they are not visible from the street. "
Commissioner Ladner referred to photographs distributed to the PC and noted that the
photos show some of Mr. Harris's vehicles parked on the sidewalk near his business
and parked in the Pavilions parking lot. He asked if this were typical. Mr. Harris agreed
that it is illegal to park on the sidewalk. Commissioner Ladner asked where the vehicles
are parked after business hours. Mr. Harris stated that after closing at 10:00 p.m. they
are parked in the auto shop parl<ing lot. Mr. Whittenberg interjected that the discussion
needs to be limited to the ZTA and not to the operations of a particular facility. He noted
that this is something that would come before the PC at a later point in time, and what
the PC is considering tonight are the overall standards to be considered for a tow
operation anywhere in Seal Beach. He said that assuming that ZTA 06-2 is approved
and forwarded to City Council where would ultimately be adopted, then Automotive
Excelle[lce would be required to apply for a Conditional Use Pennit (CUP) ,to continue to
conduct business, and at that time property owners within 300 feet of Mr. Harris's
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City of Seal Beech Planning Commission
Meeting Minutes of October 18, 2006
business location would be notified of the public hearing, where both Mr. Harris and any
other members of the public would have the opportunity to speak on this matter.
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Vice-Chairperson Roberts asked how many other businesses of this type within Seal
Beach would be required to apply for a CUP. Mr. Whittenberg stated that at this point
Automotive Excellence is the only auto tow business that operates in Seal Beach.
Eric Pedersen, 343 10th Street, stated that he lives right across the street from
Automotive Excellence and there is not sufficient space to park all of the tow trucks and
he is subjected to the constant beeping from the trucks dropping off of cars throughout
the day and also the CB radios are loud and these trucks are being parked along 10th
Street. Vice-Chairperson Roberts noted that Mr. Pedersen would have opportunity to
state his specific concerns at a later time when the public hearing takes place for a
Conditional Use Permit for this business.
There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
hearing.
Commissioner Comments
Commissioner O'Malley stated that he feels Staff has done a good job of defining what
a two truck operation is, and he believes that. t/Je actual function of a tow business as
described in the Staff Report is, very accurate and the proposed conditions of approval
include all of the items discussed on this issue.
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Commissioners Ladner and Bello agreed.
Vice-Chairperson Roberts stated that the CUP will basically serve as a temporary
license to operate as it will usually be approved subject to a 6 or 12-month probationary
period to determine whether an indefinite extension should be granted. He said that he
finds it difficult to try to "clamp down" on the activity pf businesses within Seal Beach
and he does feel that a tow business is a worthwhile application of resources for the
City. He noted that should there continue to be concerns during the probationary
period, residents would be able to bring their concerns before the PC.
MQTION by O'Malley; SECOND by Ladner to recommend approval of Zone Text
Amendment 06-2, subject to conditions, and adopt Resolution 06-47 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Ladner, and O'Malley
Bello
Deaton
Mr. AbQe advised that adoption of Resolution No. 06-47 represents a recommendation
by the Planning Commission to the City Council, which will consider this item at a
subsequent meeting and no appeal is necessary.
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11 of 14
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Public Hearing - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow Business
City Council Staff Report
January 22, 2007
ATTACHMENT 4
PLANNING COMMISSION STAFF REPORT,
INCLUDING ALL ATTACHMENTS, DATED
OCTOBER 18, 2006
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ZTA 06-2.T... Semcos.CC StaffRcport
11
II
October 18, 2006
STAFF REPORT
To:
Honorable Chairperson and Planning Commission
From:
Lee Whittenberg, Director
Department of Development Services,
Subject:
ZONE TEXT AMENDMENT 06 - 2
DEFINE "AUTOMOTIVE TOW BUSINESS" AND SPECIFY AS
A CONDffiONALLY PERM:rrrED USE IN THE GENERAL "
CqMMERCIAL (C-2) ZONE
I REQUEST I
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The recommended 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.
This Zone Text Amendment specifically proposes the following:
o Amend Article 2, Definitions, to add Section 28-208.3, Automotive Tow Business" as
follows;
CJ 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, hauli.D,g, or pu~h;ng, including automotive service
stations or an auto repair shop that has' a tow truck aJid repairs vehicles on-site.
o Amend Article 14, General Commercial Zone (C-2 Zone), Section 28-1400, Permitted
Uses, sub-section 1<, conditionally permitted uses by adding a new subsection 10, as
follows;
CJ Section. 28-1400.K.10, Automotive Tow Business, in compliance with all.
requirements of the City Council Policy on Automotive Tow Business.
"
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The proposed City Council Policy on Automotive Tow Business is proposed to include the
followmg standard conditions that would be imposed by the p).nn;ng Commission through the
conditional use permit process on any request to operate an Automotive Tow Business within 300
feet of residentially zoned property:
Z:\My D6cum_IZTAIZTA 06-2. Tow Soni....PC Sta1fReporldoelLW\O!I-17-06
Zoning Text Amendment 06-2
Proposed RtNisions tl1 Pruvisions o/Zoning Code re:
"Automotive Tow Business H
P1Q1l1ling Commission StaffReporl
October 18, 2006
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o No chain dragging before 8 AM or after 9 PM;
o No backing-up oftowvebicles before'8 AM or after 9 PM;
o All vehicle drop areas shall be on private property, no dropping of toWed vehicles on a
public street or alley is permitted;
o Submission of an "Operations Guidelines" 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 vehicles being towed to the business location at a customer's
request after business operating hours:
o The "Operations Guidelines" shall emphasize the importance being a good neighbor
during their time at your business location.
o 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.
o 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.
o 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.
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Provided as Attachment 1 is the proposed Planning Commission Resolution that would need to
be adopted to forward these matters to the City Council for final consideration. The resolution
contains the language of the recommended amendments to the Zoning Code. The recommended
''Policy on Automotive Tow Business" is ''Exhibit A" of the subject resolution.
.1 BACKGRO~ ,
September 6, 2006 Consideration of Proper Zoning:
On September 6 the Planning Commission co~sidered a Staff Report on "Determination' of
Proper Zoning - Automotive Tow Business." 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, Please refer to
Attachment 2 to review the Minutes of the September 6 Planning Commission meeting.
The September 6 Planning Commission Staff Report and all communications received at the _
meeting are provided as Attachment 3. .,
'&rA 06-2.Tow Sorvi....PC StaffRcport
2
-
Zoning Te::ct Amendment 06-2
hoposed Revisions It:) havisiom of Zoning Code reo
"Aldomotille Tow Btainess"
PllJ1l1ling Commi.sion StcifJ Report
Octobu 18, 2006
I DISCUSSION I
'As indicated above, the Planning Commission has previously considered this matter on
September 6, 2006.
The Commission deteJ:mined that the subject land use would be an aPpropriate use in the General
Commercial (C-2) Zone subject to conditional use permit approval and the imposition of certain
"stanc\ard conditions" when such a use is located within 300 feet of a residential zone district Due
to the importance'ofthis matter, Staff has prepared the matter for public hearing at this time, as to
wait until a future Zone Text Amendment for the General Commercial (C-2) Zone could result in
defening this matter for many months.
PROPOSED ORDINANCE
AMENDMENTS
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Provided below me the proposed amentlments to the Zoning Code regarding this Zone Text
Amendment, which are consistent with the provisions of Planning Commission Resolution 06-42,
adopted on September 6, 2006. The amendments are broken into two separate sections for
discussion and consideration by the PJanni11g Commission:
I Proposed Change to Definitions
Amend Article 2, Definitions, to add a new Section 28-208.3, "Automotive Tow Business" as
follows;
"Section 28-208.3. Automotive Tow Business. "Automotive Tow Business" means
a business engaged in removing or deliveiing to public or private property a motor
vehicle by towing, ClIl'I)'ing, hauling, or pushing, including automotive service
stations or an auto repair shop that has a tow truck and repairs vehicles on-site."
Proposed Change to Uses in the
General Commercial (C-2) Zone
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Amend Article 14, General Commercial Zone (C-2 Zone), Section 28-1400, Permitted Uses, sub-
section K, conditionally permitted uses by 'tailing a new subsection 10, as follows;
ZTA 06-2.Tow Smi_X Sll1fRoport
3
Zoning Te::ct Amendment 06-2
Proposed RevisioM'to J7qyisiom o/Zoning Code ,e:
"A1Itomotille Tow Business>>
Planning Commis.ion StcifJ Reporl
Octobu 18, 2006
e
CJ Section 28-1400.K..lO, Automotive Tow Business, in compliance with all
requirements of the City Council Policy on Automotive Tow Business.
The Planning Commission also recommends adoption of Proposed City Council Policy 600-12,
Automotive Tow Business, as attached to this resolution as "Exlribit A" which sets forth standard
conditions for such land use when located within 300 feet of a residential zone district.
I RECOMMENDATIO~ I
Staff recommends the Commission, after receiving both mitten and oral testimony presented
during the public hearing, recommend approval of ZTA 06-2 to the City Council, as may be
revised by the Commission after consideration of all public testimony. The recommended
amendment would:
CJ define "Automotive Tow Business";
CJ specify such use as a conditionally permitted use in the General Commercial (C-2) zone;
and
CJ recommend adoption of a City Council Policy regarding imposition of standard e
conditions when such use is located within 300 feet of a residential zoning district.
Should the Commission disagree, it has the option of recommending no change to the existing
provisions of the Zoning Code, and thereby not recogJ'i'7ing tow business operations or regulating
the operation of such a business. Such an action would have the result of not allowing for a tow
service in the City as only uses of property that are specifically listed in the Zoning Code are
permitted to operate within the City.
-Should- the Commission folfow staff's recommendation, staff has prepared the proposed
resolution recommending approval of ZTA 06-2, including the recommended "Policy on
Automotive Tow Business" as "Exlribit A" of the subject resolution. The proposed Resolution is
provided as Attachment I.
Attachments: (4)
Attachment 1:
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
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ZTA 064.TowSemces.PC_Report
4
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Attachment 2:
Attachment 3:
Attachment 4:
ZTA 06-2, Tow Services.l'C StalfRcport
Zoning Te::ct Amendment 06-2
P,oposed Revisions !o,hovisio118 of Zoning Code ,e:
"Automotive Tow Busines."
Planning Commis.ion Stoff Repo,t
Octobe, 18, 2006
Section 28-208.3, Defining Automotive Tow Business, and Adding
Section 28-1400.K.I0 "Automotive Tow Business" as a
Conditionally Permitted Use in the General Commercial (C-2)
Zone
Planning Commission Resolution 06-42, adopted September 6,
2006
September 6, 2006 Planni11g Commission Minute Excerpt
September 6, 2006 Planning Commission Staff Report, including
Attachmelits
. . . .
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5
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Zoning rut Amendment 06-2
Proposed Revi.ions t~ Provisions o/Zonillg Code 'e:
U Automotive Tow Business"
Planning Commi..ion StcifJ Report
October 18, 2006
ATTACHMENT 1
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 CONDITIONALLY
PERMITTED USE IN THE GENERAL
COMMERCIAL (C-2) ZONE
7:J:A 06-2.T"" Somces,pe StalfRcport
6
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. Zoning Te::ct Amendment 06-2
Proposed Revisions to hwisions ofZoni1lg Code reo
"Automotive Tow Busines."
Planning Commission Stlfff RepOrl
Octobu 18, 2006
RESOLUTION NUMBER 06-47
A RESOLUfION 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
,
"AUfOMOTIVE TOW BUSINESS" AS A
CONDITIONALLY PERMITTED USE IN THE
GENERAL COMMERCIAL (C-2) ZONE
;,
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBYRESOL VB:
e Section 1. On September 6 the Planning Commission considered it 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, recomm..nrliTlg 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 6oo-l2, Automotive Tow Business.
Section 3. The pi'oposed Zone Text Amendment would:
CJ define "automotive tow business";
CJ specify such use as a conditionally permi~ed use in the General Commercial (C-2) zone;
and
CJ 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.
.'
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Section 4. Pursuant to 14 Calif. Code of Regs. ~ 15305, staff has dete,rmined
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.
~ l5305 (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 ~ 15061(b)(3), because it can be seen with certainty that there is
no possibili!y that the approval may have a significant effect on the environment.
ZTA 06-2,Tow Scrvices.l'C Sll1fReporl
7
Zoning Te::ct Amendment 06-2
Proposed Revisions to Provi.ions of Zoning-Code re:
''A1Itomotille Tow Busine3s"
PllJ1l1ling Commis.ion StcifJReporl
Octobu 18, 2006
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Section S. A duly noticed public hearing was held by the Planning
Commission on October l8, 2006 to consider Zone Text Amendment 06-2.
Section 6.
The record of the hearing indicaieS 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) The proposed amendments are summarized above in Section 3 of this
Resolution.
Section 7. Based upon the facts contained in the record, including those stated
in ~ 5 and ~ 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 Planni11g Commission hereby
reco~ds approval of Zoliing 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 e
Tow Business" as follows;
ZTA 06-i.Tow Serviccs.PC SlI1fRoport
8
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.
.
Zoning Te::ct Amendment 06-2
17oposed Revisions to Pruvisions of Zoning Code ,e:
"Automotive Tow Business"
Planning Commission StqffRepOrl
Octoblfl' 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, canying, 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 l4, 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.,IO, Automotive Tow Business, in ~mpliance with all
requirements of the City Council Policy on Automotive'TowBusiness."
PASSED, APPROVED AND ADOPlED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the day of . 2006,
by the following vote.
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
-.
ABSTAlN: Commissioners _
Ellery Deaton
ChaiIperson of the Planning Commission
Lee Whittenberg
Secretary of the Planning Commission
ZTA O~2 Tow Sorvices.PC Sll1fReport
9
Zoning Text Amendment 06-2
Proposed Revisions to'Provisions of Zoning Code re:
. ''Automotive Tow BuainessU _
Planning Commis.ion StcifJ RepOrl .
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 Citywiqe.
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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-SDecific 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:
[J No chain dragging before 8 AM or after 9.~M;
CJ No backing-up of tow vehicles before 8 AM or after 9 PM;
CJ All vehicle drop areas shall be on private property, no dropping of towed
vehicles on a public street or alley is permitted; _
CJ Submission of an .Operations Guideline" document to the Director of .
Development Services for review and approval that will be provided to
ZTA 06-2.TDW Smices.l'C SlI1fRoport
10 .
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Zoning Text Amendment 06-2
hoposed Revisions to P,qyisions of Zoning Code reo
"Automotive Tow Btaines."
PllJ1l1ling Commis.ion StcifJReporl
Octobu 18, 2006
other tow companies that would be expected to deliver vehicles being
towed to the business location at a customers request after business
operating hours:
o The .Operations Guidelines. shall emphasize the importance being a
good neighbor during their time at your business location.
. CJ 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.
CJ 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.
CJ Said .Operations Guidelines. shall also require any separate tow
business that drops off a vehicle between 9 PM and 8 AM to leave a
fonn 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)
.. . .
ZTA 06-2.Tow Smices.pc SlI1fReporl
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Zoning Text Amendment 06-2
hoposed Revi.ions to. P,uvisions of Zoning Code ,e:
"Automotive Tow Busine.."
PllJ1l1ling Commi..ion StcifJ Report
October IB, 2006
ATTACHMENT 2
PLANNING COMMISSION RESOLUTION 06-42,
ADOPTED SEPTEMBER 6, 2006
ZTA 06-2,Tow Services.PC SlI1fRoport
12
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RESOLUTION NUMBER 06-42
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH FINDING A AUTOMOTIVE TOW
BUSINESS, SUBJECT TO TIlE ISSUANCE OF
A CONDITIONAL USE PERMIT WITIl
SPECIFIC LIMITATIONS, IS COMPATIBLE
WITIl THE USES PERMITTED IN THE
GENERAL COMMERCIAL (C-2)ZONE AND
, RECOMMENDING ADOPTION OF CITY
COUNCIL POLICY. 600-12, AUTOMOTIVE
TOW BUSINESS
,
WHEREAS, On September 6, 2006 the Department of Development Services presented
the Planning Commission with a request to establish standards for
automotive tow business operations in the City of Seal Beach pursuant to
Section 28-2~02, Clarification of Ambiguity; and
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WHEREAS, The Planning Commission considered the appropriate zoning designation
for an automotive tow business at its meeting of September 6, 2006; and
WHEREAS, Section,28-1400.I of the Code. regarding uses in the General Commercial
(C-2) Zone of the City, permits "Similar retail or service businesses
catering directly to customers, when interpreted by the PIIl1lIling
Commission as meeting the intent of general commercial uses"; and
WHEREAS, Section 28-2202, Clarification of Ambiguity, states:
"Jf ambiguity arises concerning the appropriate classification of a
particular use within this chapter or if ambiguity exist with respect
to the interpretation of any provisions within this chapter, it shall
be the duty of the Planning Commission to ascertain all pertinent
facts and by resolution of record set forth its findings and its
interpretations. Such resolution shall be forwarded to the City
Council and the City Council's determination on the matter shall
govern.
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For classifying or determining the proper zone for a proposed we,
the degree of compatibility between the proposed we and other
wes permitted in the zone shall be evaluated. "; and
1 of6
Plll1l1ling Commis.ion Reso/.v.tion 06-42
Determination of Appropriate Zoning-
AulOmotive Tow Busines. a
September 6, 2006 .
WHEREAS, Without appropriate conditions imposed on its operation, an automotive
tow business has the potential to create adverse noise and light impacts on
the surrounding community, particularly when conducted in the vicinity of
residential uses; and
WHEREAS, The Commission has reviewed the report prepared by the Department of
Development Services and determined to recommend that an automotive
tow business, as defined, be a conditionally permitted use in the General
Commercial (C-2) .Zone, as recommended; and
WHEREAS, The Commission also considered Proposed Council Policy 600-12,
. Automotive Tow Business, as prepared by the Department of
Development Services.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
1. The proposed use is a service business catering directly to customers as permitted
through Section 28-l400.I.
2.
Due to potential adverse impacts from the proposed use, a conditional use permit
is needed prior to establishment of any such use to allow the Commission and
public to express and address any potential negative impacts from a proposed use
of property in the General Commercial (C-2) Zone as an automotive tow business.
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NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Seal Beach does hereby find that an automotive tow business, as defined and
conditioned herein, meets the intent of General Co=ercial uses (C-2), and is therefore
considered a permitted use in the General Commercial zone (C-2) subject to the
following conditions:
1. Such use shall be subject to approval of a conditional use permit.
2. Such use shall be subject to the additional conditions set forth in Proposed City
Council Policy 600-12, Automotive Tow Business, as attached to this resolution
as "Exhibit A."
NOW, THEREFORE BE IT FURTHER RESOL YED that the Planning
Commission of the City of Seal Beach does hereby direct The Department of
Development Services to incorporate the provisions of adopted City Council Policy 600-
12 into the next Zone Text Amendment that amends provisions of the General
Commercial (C-2) Zone.
PASSED, APPROVED AND ADOPTED by the Plamrlng Commission of the City of
Seal Beach at a meeting thereof held on the 6th day of September 2006 by the following
vote:
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2of6
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AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
Planning Commis.ion Resolution 06-42
Determination of Appropriate Zoning-
Automotive Tow BUJlmes.
Septembu 6. 2006
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
Ellery Deaton
ChaiIperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissi
. * * *
30f6
Planning Commis.ion Resolution 06-42
Determination of Appropriate Zoning-
Automotive Tow Business .-
Septembu 6. 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. SCOPE
This "Automotive Tow Business" Policy applies Citywide.
2.
PURPOSE AND INTENT
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To establish a policy regarding the appropriate land use entitlement review
process for an "Automotive Tow Business" operation within the City of
Seal Beach until such time as the Municipal Code is amended.
3. POLICY
The following definition and --land use standards shall apply to an
"Automotive Tow Business" operation-within imLCity of Seal Beach until
such time as the Municipal Code is amended:
Definition: "Automotive Tow Business": 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.
Land Use Entitlement Reauired:
An "Automotive Tow Business" shall be located in the General
Commercial (C-2) Zone and requires approval of a Conditional Use Permit .-
in order to conduct business operations. .
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Planni1lg Commis.ion Resolution ()6-42
Detennino.tirpz of Appropriate Zoning-
Automotive Tow Busines.
Septembu 6, 2006
Standard and Proiect-5Decific Conditions:
I
The following standard conditions shall be imposed by the Planning
Commission on any request to operate a tow business within 300 feet of
residentially zoned property:
CJ No chain dragging' before 8 AM or after 9 PM;
CJ No backing-up of tow vehicles before 8 AM or after 9 PM;
CJ All vehicle drop areas shall be on private property, no dropping of
towed vehicles on a public street or alley is permitted;
CJ 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
vehicles being towed to the business location at a customers
request after business operating hours:
CJ The .Operations Guidelines" shall emphasize the importance
being a good neighbor during their time at your business
location.
o 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.
CJ 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.
CJ 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 ~urrounding neighborhood.
4. DIRECTION TO PREPARE ZONE TEXT AMENDMENT
The Department of Development Services is hereby directed to
incorporate the provisions of this City Council Policy into the next Zone
Text Amendment that amends provisions of the General Commercial (C-2)
Zone.
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5. ISSUANCE
Approved by City Council on
Planning Commisnon Resolution 06-42
Determination of Appropriate Zoning-
Automotive Tow Jlr.uinm .-
September 6, 2006 ..
(Insert Date of City Council Approval)
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Zoning Text Amendment 06-2
Proposed Revisions tQ Provisions of Zoning Code ,e:
"A1Itomotive Tow Bwinessu
P1Q1l1ling Commission StcifJ Reporl
October 18.2006
ATTACHMENT 3
SEPTEMBER 6, 2006 PLANNING COMMISSION
MINUTE EXCERPT
'CrA 06-2.Tow Services.PC SlI1fReport
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City of Seal Beach Pi8nning Commission
Meeting. Minutes of September 6, 2006
2. Minor Plan Review 06-11
928 Blue Heron
Applicant/OWner: Robert & Victoria Lienau
Request: Approval to construct a 42-inch high barbeque and coUl:!~er
structure and a 48-inch high waterfall within the 15-ft. rear
setback area. The barbeque and waterfall structures will
maintain a distance of 5 feet and 4 feet. respectively, to the
rear fence.
Recommendation: Approval, subject to conditions, and adoption of Resolution
06-40.
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MOTION by Roberts; SECOND by O'Malley to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No. 06-40 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
3. Determination of Proper Zoning
Automotive Tow Business
Recommendation: Consider request of proper Zoning for automotive tow
businesses within the City of Seal Beach. Adopt Planning
Commission Resolution 06-42, as proposed by Staff. or as
amended by the determination of the Planning Commission.
Staff Reoort
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
noted that this discussion is the result of complaints received within the' past month
regarding a longstanding tow business that recently relQcated from the former Union 76
service ,!ltation location at Pacific Coast Highway (PC H) and Main Street to the corner of
10th Street and PCH. He indicated that after doing some research, Staff found that the
City has no requirements for tow businesses, and in fact, does not allow them, although
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CIty of Seal Beech Plennlng Commission
Meeting Minutes of September 6, 2006
they have been doing business within the City for years. As a result, Staff proposes that
the Planning Commission (PC) recommend that City Council (CC) adopt a Policy
Statement during the interim period until Staff can prepare a Zone Text Amendment
(ZTA) to allow tow businesses within the C-2 Zone of Seal Beach subject to the
Conditional Use Permit (CUP) process. He explained that the C-2 Zone is the most
intense commercial zone designation that the City has, and toe large majority of
properties along PCH anq Rossmoor Center and a few other shopping centers fall
within this zoning classification. He noted that historically most tow businesses in town
have worked in conjunction with a service station location, but when the Union 76
station was demolished, the tow operator moved to an existing auto repair business on
10th Street. He indicated that some of the concerns conveyed by residents were related
to tow trucks towing vehicles needing repair and dropping them off at this location either
very early in the morning or late at night, creating noise disturbances. He stated that
the policy statement attempts to provide some guidance in following a good neighbor
policy with regard to this issue, in particular for outside tow operators, like AAA, bringing
cars in for repair.
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Commissioner Questions
Commissioner O'Malley asked if there has previously been a distinction between
. automotive towing business and service vehicles that assist drivers in getting their car
started or provide gasoline or other non-repair assistance. Mr. Whittenberg stated that
the policy statement is only directed for the business location within a C-2 Zone where
vehicles are being towed and dropped off for repair. Commissioner O'Malley referred to
Exhibit A, Bullet 3 on Page 10 of the Staff and asked if this would prevent a vehicle
owner from having his or her car towed to their residence. Mr. Whittenberg reiterated
that this policy statement would only apply to the business location within a C-2 Zone,
so if a vehicle owner wants the vehicle towed to his or her residence, these standards
would not apply. Commissioner O'Malley suggested adding the text ''when being towed
to the business." He then referred to Bullet 4 and asked how provision of these
guidelines to other tow comRanies would be accomplished. Mr. Whittenberg stated that
Staff has spoken to some oflthe tow companies and auto repair shops in town and they
are aware of a number of other companies within the general area that under contract
will drop vehicles off at their locations, and to the best of their ability, they will provide
the Operations Guidelines to these business, operations. Commissioner O'Malley then
referred to the last bullet item and asked what this was about. Mr. Whittenberg stated
that this will help generate a list of other types of businesses dropping off vehicles at the
auto service location, so that they may provide them with the Operations Guidelines.
Mr. Whittenberg noted that Staff did confer with one of the tow operators late this
afternoon and recommended the hours. of 8:00 a.m. to 9:00 p.m. as the approved hours
of operation, and the tow operator suggested modifying the hours to 7:00 a.m. to 10:00
p.m. to reflect the hours of normal business operations.
Chairperson Deaton stated that although some of these repair shops are located very
close to residences, limiting the hours of operation could negatively impact this
business, particularly when other towing businesses would not be bound by this
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CIty of Seel Beach Planning Commission
Meeting. Minutes of September 6, 2006
restriction. Mr. Whittenberg again noted that this policy statement is an attempt to deal
with the issue of outside tow businesses towing vehicles to local repair shops in the
early moming or late at night. Chairperson Deaton stated she would be in favor of
changing the hours of operation to begin at 7:00 a.m. and end no later than 9:00 p.m.
Commissioner Comments
Commissioner Roberts stated that it appears that the business owner voluntarily
imposed some of the guidelines beginning July 21, 2006. He asked if Staff has had any
feedback with regard to whether the mitigation measures have been effective. Mr.
Whittenberg stated that Staff has received infonnation that outside tow operators
continue to drop off vehicles late at night, but with regard to the tow trucks physically
located at the business site, there have been no further complaints. Commissioner
Roberts stated that his concern is that body work might be taking place at this location,
as in driving by he observed two damaged vehicles parked in front of the business, and
he wonders if this will become a storage yard for damaged cars. Mr. Whittenberg stated
that this can be addressed during the CUP public hearing process.
Chairperson Deaton noted that Exhibit A states that service vehicles may be stored on
the premises; however, it does not identify these service vehicles. She recommended a
more specific description of .service vehIcle: to prevent storing of .wrecked" vehicles
for indefinite periods. Mr. Whittenberg stated that this would be addressed in the text
for the zr A.
Mr. Whittenberg asked for clarification on the preferred hours of operation.
Commissioner Roberts stated that the operating hours of 7:00 a.m. to 9:00 p.m. would
be acceptable.
Mr. Abbe noted that the motion should include Commissioner O'Malley's
recommendation to address the issue of not parking towed cars on public streets or
alleys other than near the vicinity of the business and also to_amend the hours of
operation.
MOTION by Roberts; SECOND by O'Malley to adopt Planning Commission Resolution
06-42 as amended, and recommend adoption of City Council Policy 600-12, Automotive
Tow Business.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
PUBLIC HEARINGS
None.
5-0
Deaton, Bello, Ladner, O'Malley, and Roberts
None
None
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Zoning Te::ct Amendment 06-2
Proposed Revisions to.P,avisions of Zoning. Code ,e:
"Automotive Tow Busines."
Planning Commi.sion StcifJReport
October 18,2006
ATTACHMENT 4
SEPTEMBER 6, 2006 PLANNING COMMISSION
S'l'AFF REPORT, INCLUDING ATTACHMENTS
ZTA 06-2.Tow Somces,PC SlI1fRoport
14
_ September 6, 2006
STAFF REPORT
To:
ChaiTman and Members of the pJ.l11n;11g Commission
From:
Lee Whittenberg, Director ofDevelopm.ent Services
Subject:
DETERMINATION OF PROPER ZONING -
AUTOMOTIVE TOW BUSINESS
SUMMARY OF REQUEST
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Consider request for determination of proper Zoning for automotive tow businesses within the City
of Seal Beach. Adopt Planning Commission Resolution 06-42, as proposed by Staft: or as
amended by the determinations oftb.e Planning Commission. Resolution 0642 recommends 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, Alrt9motive Tow
Business.
DISCUSSION
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Based on the receipt of resident complaints regarding the operation of an automotive tow business
(Automotive Excellence of Seal Beach) at 1000 Pacific Coast Highway, staff has undertaken
several actions that have .resulted in this matter coming befoJ;e the PIsnTli11g Ce>mmiosion for
consideration. Provided below is a.Summary of those activities and related. investigations:
. CJ The automotive tow businesS preViously oy<acdtod at 90l Pacific Coast Highway (the 76
Service Station that has been demolished), and has relocated to looo Pacific Coast Highway.
CJ The provisions of the Municipal Code do not specifically allow automotive tow bll.in"sses. In
addition" there is no record that the City can fiDd that has been issued for 1000 Pacific Coast
Highway to authorize towing. (Neither did' the CUP granted for the 76 Station at 90l Pacific
Coast Highway).
CJ The provisions of Section 23-2318 (Automobile Service Station: Performance and
DevelopmeI).t Standards) also do not directly discuss tow .operations.
a Section 28-2318.B, regarding service station operations, provides: "Only vehicles being
serviced, vehicles of employees, and/or service vehicleS sbal1 be stored upOn the site."
(F-mpha!qjs added). Service vehicles could include tow trucks, but it is lUlClear as to whether
towing is permitted at seiv:ice stations. .
Q "Service vehicles" might be broad enough to include tow trucks, but only the PlllIlIliog
Commission and City Council may make such a detP.TTT1in.mon.
Z:\My DoC\llDOll1ll\l'l.mniug COIDIIIissicm\Tow s.mco _.PC DetonninaIioll.doc\LW\OS-30-06
Detummarion of Proper Zoning-
Tow Senice Busines.J
Planning Commission Staff Report
September 6, 2006
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CJ The City l'l'" 1i7"~ that automobile service stations and automotive repair business require that
vehicles will be towed to those business locations, either by tow vehicles owned and operated
by the service station or automotive rep8ir business, or by other tow vehicle operators when
requested by the customer whose vehicle requiIes towing.
CJ A service station or automotive repair business does not have the ability to cODtroI those other
tow operator bn~n...ss vehicles, and how they "drop off" a towed vehicle after OOlTn..1
operating hoUIS. They do have the ability to con'\rol1heir own tow vehicle operators.
CJ The City h?S sent a letter to the business operator, Automotive Excellence of Seal Beach on
August 2S'regarding this matter. A copy of the letter is provided as Attachment 2 for the
information of the Qnnmi~~i.on.
CJ Staff feels it is impOItlmt to allow such a necessary use subject to a discretionary.review by the
Pl..nn;ng Commk'lion to ensure neigb1:iorh6od compatibility and good neighbor operllting
policies.
The letter to Automotive Excellence of Seal Beach indicates that Staff will seek a Planning
Commission determination as to the appropriate zone for a tow business in the City. This request
is plIIsuant to the provisions of Section 28-2202, Clarification of Ambiguity, which states: e
"If ambiguity arises concerning the appropriate classification of a particular use
within this chapter or if ambiguity exist with respect to the interpretation of any
pruvisions within this chapter, it shall be the duty of the Planning Commission to
ascertain all pertinent facts and by resolution of record set forth its findings and
its interpretations. Such resolution shall be forwarded to the City Council and
the City Council's dete,?"ination on the matter shall govern.
For classifying or determining the proper zone for a proposed use, the degree of
compatibility between the proposed use and other uses permitted in the zone shall
be evaluated.".
This Staff Report explains the issues at hand and reco=ends adoption of a pI..nn;ng
Commission Resolution, a City Council Policy, 'llIld ultimately a revision to the Zoning Code
which will require approval by the PlRnn;11g Conimission of a ~onditional use permit and certain
development standards for automotive tow business activities.
Staff believes the appropriate zoning for an automotive tow business, either as a separate
business operation or as an accessory use at an automobile service station or automotive repair
business, is the General Co=ercial (C-2) zone, the City's most intense co=ercial zone.
Service stations and automotive repair businesses are allowed in the C-2 zone, with auto repair
businesses being allowed by right and service stations requiring a conditional use permit. This -
would allow tow businesses along Pacific Coast Highway, the Primrose Center and in Rossmoor ..
Business Center at the present time.
Tow Sorvlc:e Bus_.l'C Dotmmillation
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Determination of Proper Zoning-
Tow Service Business
Planning Commission Staff Report
Septembf!/' 6. 2006
Further, in order to establish operating hour limits, and to prevent other potential nuisances
sometimes associated with tow businesses (e.g., noise, storage of vehicles, screening from
residential uses and additional 'operating requirements for proposed tow activities within 300 feet
of a residential area), staff believes a conditional use permit should be required for any
automotive tow business in the City.
Staff has prepared a ~olution for consideration by the pjann111g Commission which recommends
that the City Council adopt proposed "Council Policy 600-12, Automotive Tow Business". This
"CotmCil Policy" would serve as an interim guideline until the Municipal Code can be amended to
codifY the proposed provisions .of the Council Policy,
The City has utilized this same method in the past to deal with particular land uses that are not
specifically set forth in the Zoning Code. Previous determinations were approved for tattoo parlors,
personal fitness trainers in the Main Street Specific Plan mea and in the Limited-Commercial zone,
massage technicians, and signage standards for residential uses in the Limited
CommerciallResidential Medium D~ity zone.
e RECOMMENDATION
Consider request for determination of proper Zoning for automotive tow businesses within the City
of Seal Beach. Adopt plomning Commission Resolution 06-42, as proposed by Staft: or as
amended by the det",""inations of the Planning Commission. ~olution 06-42 recommends that
automotive tow bl1~inegg opetations 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 CotmCil by .its adoption of Council Policy 600-l2, Automotive Tow
Business.
Attachments: (3)
Attacbment 1:
Plann;ng Commission Resolution 06-42, A Resolution of the
Planni11g Commission of the City of Seal Beach Finding a
Automotive Tow Business, Subject to the Issuance of a
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Tow Somca BwiDcs9.PC DolomIinslioA
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AttachT11P.D.t 2:
Tow Sorrice BusiDess.l'C Dotmminaticm
Detennination of Proper Zoning-
Tow Sfl1"Vice Busines.
Planning Commission StcifJReport
September 6. 2006
Conditional Use Pem;rlt with Specific Limitations, is Compatible
with the Uses Permitted in the General Commercial (C-2) Zone
and Recommending Adoption of City Council Policy 600-l2,
Automotive Tow Business
Letter to Automotive Excellence of Seal Beach. dated August 25,
2006
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Determination of Proper Zoning-
Tow Service Business
Planning Commission Staff Report
September 6. 2006
ATTACHMENT 1
PLANNING COMMISSION RESOLUTION 06-42, A
RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
FINDING A AUTOMOTIVE TOW BUSINESS,
SUBJECT TO THE ISSUANCE OF A
CONDITIONAL USE PERMIT WITH SPECIFIC
LIMITATIONS, IS COMPATIBLE WITH THE
USES PERMITTED IN THE GENERAL
COMMERCIAL (C-2) ZONE AND
RECOMMENDING ADOPTION OF CITY
COUNCIL POLICY 600-12, AUTOMOTIVE TOW
BUSINESS
Tow Service Businc:ss.PC Determination
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Deteimination ofhoper Zoning-
Tow Service Busines.
PllJ1l1ling Commwion Staff Report
September 6. 2006
RESOLUTION NUMBER 06-42
A RESOLUTION OF THE PLANNING COMMISSION
OF TIm CITY 'OF SEAL BEACH FINDING A
AUTOMOTIVE TOW BUSINESS, SUBJECT TO TIm
IS~UANCE OF A CONDITIONAL USE PERMIT
WI1H SPECIFIC LIMlTATIONS, IS COMPATIBLE
WTIH THE .USES PERMITIED IN THE GENE;RA.L
. .
COMMERCIAL (C-2)ZONE AND RECOMMENDING
ADOPTION OF CITY COUNCIL POLICY 600-12,
AUTOMOTIVE TOW BUSINESS
,
WHEREAS, On September 6, 2006 the Department of Development Services presented the
PIRnni11g Commission with a request to establish standards for automotive tow
business operations in the City of Seal Beach pursuant to Section 28-2202,
Clarification of Ambiguity; and
WHEREAS, The Planning Commission considered the appropriate zoning designation for an
automotive tow business at its meeting of September 6, 2006; and
WHEREAS, Section 28-l400.I of the Code. regarding uses in the General Commercial (C-2)
Zone of the City, permits "Similar retail or service.businesses Cl!-tering directly to
customers, when inte:rpreted by the Planning Commi~~\on as meeting the intent of
general commercial uses"; and
WHEREAS, Section 28-2202, Clarification of Ambiguity, states:
,
"ff ambiguity arises concerning the appropriate classification of a
particular use within this chapter or if ambiguity exist with respect to the
interpretation of any provisions within this chapter, it shall be the duty of
the Planning Commission to ascertain an pertinent facts and by resolution
of record set forth its findings and its interpretations. Such resollftion
shall be forwarrJ.ed to the City Council and the City. Council's
determination on the matter shall govern.
for classifying or determining the proper zone for a proposed use, the
degree of cowipatibility between the proposed use and other uses permitted
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Taw 8mice BusiDau.PC IJrct'P-rmmmau
Determination of Proper Zoning-
Tow Service Business
PllJ1l1li/'lg Commission StcifJReport
September 6, 2006
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in the zone shall be lNaluated "; and
WHEREAS, Without appropriate conditions imposed on its operation, an automotive.
tow business has the potential to create adverse noise and light impacts on the
SUIIOunding co=unity, particularly when conducted in the vicinitY of residential
uses; and
WHEREAS, The Commission has reviewed the report prepared by the Department of
DeVelopment Services and determined to reco=end that an automotive tow
business, as defined, be a conditionally permitted use in the General Commercial
(C-2) Zone, lIB recommended; and
WHEREAS, The Commission also considered Proposed Council Policy 600-12, Automotive
Tow Business, as prepared by the Department of Development Services.
TIIE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
1.
The proposed use is a service business catering directly to customers as permitted through
Section 28-1400.I.
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2. Due to potential adverse impacts from the proposed use, a conditional use permit is
needed prior. to establishment of any such use to allow the Commission and public to
express and address any potential negative impacts from a proposed use of property in the
General Commercial (C-2) Zone as an automotive tow business.
NOW, 1~REF:ORE BE IT RESOLVED that the Planning CQmm;~'lion of the City of
Seal Beach does hereby find that an automotive tow business, as defined and conditioned herein,
meets the intent of General Commerci~ uses (C-2), and is therefore considered a permitted use
in the General Commercial zone (C-2) subject to the following conditions: .
1. Such use shall be subject to approval of a ~onditional use permit.
2. Such use shall be subject to the ,additioD.al conditions set forth in Proposed City Council
Policy 600-12, Automotive Tow Business, as attached to this resolution as "Exhibit A.n
NOW, THEREFORE BE IT FURTHER RESOLVED that the Plllnn;11g Commission of
the City of Seal Beach does hefeby direct The Depaitment of Development Services to
incorporate the provisions of adopted City Council Policy 600-12 into the next Zone Text
Amendment that amends provisions of the General Co=ercial (C-2) Zone.
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Tow SoMe. Businass,PC Detmmination
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Detennination ofhopu Zoni1Ig-
Tow Service Bu.riness
PllJ1l1li1lg Commis.ion StalfRqJort
September ~ 2006
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PASSED, APPROVED AND ADOPTED by the PIAnniT1g Commission of the City of Seal
Beach at a meeting thereof held on the day of
2006, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSTAIN: Commissi~
ABSENT: Commissioners
Ellery Deaton, Chairperson
P1Anni11g Commission
Lee Whittenberg, Secretary
Plaoning Commission
Tow Sorvlc. BwIim:s,.PC De-mmmOll
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Determination of Proper Zoning-
Tow Service BusIn....
Planning Commission StcifJReporl
Septembu 6. 2006
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EXHIBIT A
CITY OF SEAL BEACH
COUNCIL POLICY & ADMINISTRATIVE DIRECTIVE
SUBJECT:
Automotive Tow Business
SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CITY MANAGER
APPROVAL APPROVAL
600 12 09/12/06 09/11/06 -
1.
SCOPE
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This "Automotive Tow Business' Policy applies Citywide.
2. PURPOSE AND INTENT
To establish a policy regarding the appropriate land use entitlement review
process for an "Automotive Tow Business' operation within the City of Seal
Beach until such time as the Municipal Code is amended.
3. POLICY
The following definition and land use standards shall apply to an "Automotive
Tow Business' operation within the City of Seal Beach until such time as the
Municipal Code is amended:
Definition: "Automotive Tow Business": 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 tnat has a tow truck and repairs vehicles on-
site.
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Tow Sorvico BusiDas.PC DotamimJliOll
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Detenninotion ofhoper Zoning-
Tow Service lJrisiness
PllJ1l1ling Commis.ion Stt:dfReporl
September 6, 2006
Land Use Entitlement Reauired:
An "Automotive Tow Business" shall be located in the General Commercial (C-2)
Zone and requires approval of a Conditional Use Permit in order to conduct
business operations.
Standard and Proiect-Specific Conditions:
The folloWing standard conditions shall be imposed by the Planning Commission
on any request to operate a tow business within 300 feet of residentially zoned
property:
[J No chain dragging before 8 AM or after 9 PM;
CJ No backing-up of tow vehicles before 8 AM or after 9 PM;
[J All vehicle drop areas shall be on private property, no dropping of towed
vehicles on a public street or alley is permitted;
CJ 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 vehicles being
towed to the business location at a customers request after business
operating hours:
CJ The "Operations GUidelines" shall emphasize the importance being a
good neighbor during their time at your business location.
CJ 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.
[J 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.
CJ 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.
Tow Somc:e BusinossJ'C Dol=miuation
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Detenninarion ofhoper Zoning-
Tow Service Busines.
Planning Commission StcifJReport
SeptembB1' 6. 2006
4. DIRECTION TO PREPARE ZONE TEXT AMENDMENT
The Department of Development Services is hereby directed to incorporate the
provisions of this City Council Policy into the next Zone Text Amendment that
amends provisions of the General Commercial (C-2) Zone.
5. ISSUANCE
Approved by City Council on
(Insert Date of City Council Approval)
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Tow SomCII Business.l'C Det=miJIalion
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Determination afhoper Zoning-
Tow ~ervice Bvsiness
Planning C01II1/lission Staff Report
September 6, 2006
ATTACHMENT 2
LEITER TO AUTOMOTIVE EXCELLENCE OF
SEAL BEACH, DATED AUGUST 25, 2006
Tow S.mcc Businoss.PC De\emlinaIion
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August 25, 2006
FilE COpy
Automotive Pxcellence of Seal Beach
Attention: Joseph Hams
1000 Pacific Coast Highway
Seal Beach, CA 90740
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Deax Mr. Harris:
SUBJECT:
OPERATION OF TOW BUSJ;NESS AT
1000 PACIFIC COAST mGHW A Y
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I am writing to worm you that the City, bSsetl on receiving complaints regarding late
night and early morning tow business operations at your business, has reviewed the
pI9visions of the City Zoning Code, and finds that there is no provision within the Zoning
Code permitting operation of a tow business within the City. In addition, there is no
record that the City can :find of any type of a permit being issued for the operation of a
tow business ai lOOO Pacific Coast Highway.
Overview of Zoning Coth ProvisiollS:
There is no Code provision directly addressing tow businesses. The provisions of Zoning
Code Sel;tlQn 23-2318 (Automobile Service S~on~ Performance and Development
Standards) govern service stations. Section 28-2318.B, provides: "Only vehicles being
serviced, vehicles of employees, a.ticlfor service vehicles shall be stored upon the site."
(Emphasis added). "Service vehicles" might be broad enough to include tow trucks, but
only the plAnning Commission and City Couzicil may make such a determi.na.tion.
Voluntary ActiollS Taken to Address Noise Gmrplaints:
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The City is appreciative of your.letter of August 7 responding to Officer Frey's contact
with your business regarding noise complaints, and your voluutary response to instruct all
tow vehicle operators of your business to take the following actions effe::tive July 21,
2006;
o No chain dragging before 8 AM or after 9 PM; and
o No baclrlng-up of tow vehicles before 8 AM or after 9 PM.
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Z:IJ4D<lcumoD.IIICcde ~ExtolIoncoz.--.doc\LW\08..25-06
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Letter Automotive E;<ceIlence ofSet1l Bet;t;h ,e:
Operation of Tow B'I/3inus
August 2.5. 2006
The City realizes that any bac1ciT1g-up of tow vehicles results in a WllIDing ''beep'' that is
required by law for all commercial vehicles. The City also realizes that, as an automotive
repair business, vehicles will be towed to your business location by other tow vehicle
operators when requested by the customer whose vehicle requires towing, and that you do
not have the ability to control those other tow operator business vehicles, and how they
"drop off" a towed vehicle after normal operating hours.
PropolJf1A~lIS by l:!~o Address Towing Operations at your Site:
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The Department of Development Services will prepare a PIB.DDing Commission Staff
Report pursuant to Section 28-2202, Clarification of Ambiguity, to explsin the issues at
hand and recommend adoption of a ''Policy Statement", and ultimately a revision to the
Zoning Code.'ordinance, that will require approval by the plAnni11g Ccimmission of a
conditional use permit and certain development standards for tow activities, and
additional operating requirements for proposed tow activities within 300 feet of a
residential area. It is anticipated that this request for "Clarification of Ambiguity" and a
proposed "Policy Statemenf' will be presented to the Planning Commission at its meeting
of September 6, 2006 for consideration.
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Assuming that the Commission concurs with the above process to address the ambiguity
within the Zoning Code, or a modification to the proposed actions, Staff would then ..
forward the approved Policy Statement to the City Council for review and consideration -
on September 1l, 2006. If the City COlmcU adopts the recommended ''Policy Statement"
your :!inn will then need to comply with the provisions of the Policy Statement in a
timely J11AnnP.1',
While the Policy Statement is in effect, the Department of Development Services will
process a "Zone Text Amendment" to amend the provisions of the Zoning Code to allow
for tow businesses in accordance with the provisions set forth in the adopted Policy
Statement, and prepare all necessary Code amendment reports and documents for
Planning Commission and ultimately, Council, review and approval.
Actions to be Taken by Automotive ExceUence:
. The City requests that you continue to enfo;rce your voluntary operation requirements
regarding chain dragging and backing up of tow vehicles between 9 PM and 8 AM. as
discussed above. This effort should be a continuing and standard business operation
requirement.
The City also requests that you prepare an "Operations Guideline" document to provide
to other tow companies that would be expected to deliver vehicles being towed to your
location at a customers request after business operating hours. The "Operations
Guidelines" should emphasize the importance being a good neighbor during their time at ..
your business location, and should specifically request that all tow vehicle operators -
utilize only Pacific Coast IDghway to access your parking area in front of the business,
and to enter and exit in such a manner as to require no backing up, if possible. It should
AuIDmolivo ExceIIenco Lol1l:r
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Letter Automotive Excellent:e of Seal Beach reo
. Operation ofTuw Busines.
August 2;S, 2006
also strongly encourage no use of Tenth. Street for any maneuvering or dropping off of
towed vehicles.
If the City Council concurs and adopts the proposed Policy Statement, then you will need
to file the necessary Conditional Use Permit application materials, including all required
processing fees and other required submittals with the Department of Development
Services within 30 days of the City Council adoption of the Policy Statement I am
enclosing a copy of the City's ''Public Hearing Application Packet" to allow you to
review the possible process that Will be required.
I am aware that this process may seem daunting, but it is felt to be the most reasonable
and appropri.ate way to address both the concems of the adjacent residential
neighborhooo and your ongoing business operation concerns. Please contact my office at
your earliest convenience if you require additional' information or have questions
regarding the above infon:na:tion or the enclosed. document I can be reached at (562)
431-2527, extension 3l3, or by e-mail atlwhittenberg@ci.seal-beach.ca.us.
Sincerely,
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~~~;nberg
Director of Development Services
Enclosure: Public Hearing Application Packet
Distribution: City Council
P!R11ni11g Commission
John Bahorski, City Manager
Quinn Barrow, City Attorney'
Auiomcti.. Excell..... LoImr
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Public Heal'ing - Zone Text Amendment 06-2
Proposed Regulations re: Automotive Tow Busine..
City Council StcifJ RepOrl
January 22, 2007
ATTACHMENT 5
WRITTEN COMMUNICATIONS RECEIVED
AT PLANNING COMMISSION PUBLIC
HEARING ON OCTOBER 18, 2006
'l:fA 06-2.Tow Services CC SlI1fR<port
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To: City of Seal Beach Council Members
From: Eric & Ann Pedersen
Date: October 17, 2006
Subj: Automotive Excellence tow trucks
We live at 343 lOth Street in Seal Beach across the street from Automotive Excellence.
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Regarding the tow 1rucks, we would like to state the following:
The metal chains used to secure the cars on tbl: flat bed truck are very loud when
they are dragged when a car is being dropped off or picked up at the tow
company.
The diesel trucks are left idling for long periods of time, unattended at times.
We hear the CB radios from. the tow trucks, which sound like loud police
scanners.
We hear the loud beeping sound when the 1rucks go in reverse.
We see all the tow trucks parked across the street in the Vons parking lot. This
tells me they do not have enough room to park on their lot on their own property.
They parle: cars in the sidewalk adjacent to their lot on PCH.
The wrecked cars parked on their lot are an eyesore to look at.
In conclusion, we don't want to have a fleet of tow trucks as our neighbors any time of
the day.
Sincerely,
The ,Pedersens
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