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Home My WebLink AboutPC Res 00-13 - 2000-04-19 ; RESOLUTION NUMBER 00-13 A RESOLUTION COMMISSION OF THE CITY BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MAIN STREET SPECIFIC PLAN AMENDMENT 00-1, ADDING SECTION 5-H RELATING TO "NEWSRACKS" OF THE PLANNING OF SEAL THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of April 19, 2000, tiie Planning Commission considered Main Street Specific Plan Amendment 00-1. This amendment would add a new Section 5-H to the Main Street Specific Plan to establish a policy statement and design and location criteria for the placement. of newsracks within the Main Street Specific Plan area. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ I1.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Main Street Specific Plan Amendment 00-1 is categorically exempt from review pursuant to the California Environmental 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; ~ 15268 (Ministerial Projects) because the proposed specific plan text amendment is ministerial in nature; 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. Section 3. A duly noticed public hearing was held by the Planning Commission on April 19, 2000, to consider Main Street Specific Plan Amendment 00-1. Section 4. The record of the hearing of April 19, 2000 indicates the following: (a) At said public heating there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed specific plan text amendment will revise the City's Main Street Specific Plan provisions regarding newsracks and will enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the specific plan requirements relating to newsracks. (c) As pati of the development of the "Main Street Specific Plan", the issue of placement and control of newsracks on the public right-of-way was an issue much commented upon by the public. During the development of the "Main Street Specific Plan" the city considered ineluding standards for newsracks. However, there were severalnewsrack regulation programs pending review by the U.S. Supreme Court ("Court"), and it was determined to defer this issue until the Court had rendered its opinions. The Court rendered its opinion in Crawford v. Lungren, and the City has reviewed that case language and is now proposing to amend the "Main Street Specific Plan" and the Code of the Citv of Seal Beaeh in light of this and otherrecent decisions of state and Federal courts. (d) The primary purpose of the proposed amendments is to establish a comprehensive implementation program for the placement of news racks in the City, with a special focus on the Main Street Specific Plan area, in accordance with the goals and policies of the adopted "Main Street Specific Plan". C:\Documenls and ScUings\LWhillenberg\My Documcnls\RESO\Main Street Specilic Plan Amend OO-I.PC Rcso.doc\LW\04-19-00 ." Planning Commission Resolution 00-13 Main Street Spec(fic Plan Amendment 00-1 Nelvsrack Policy April J 9. 2000 Section 5. Based upon the faets eontained in the reeord, including those stated in~4 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Main Street Specific Plan Amendment 00-1 is consistent with the provISIons of the various elements of the City's General Plan and the Main Street Specific Plan, as revised. Accordingly, the proposed use is consistent with the General Plan and the Main Street Specifie Plan, as revised. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) Many newsracks.are located along Main Street and within the Main Street Specific Plan area. As currently located, many of these newsracks are a detriment to the public health, safety and welfare by obstructing pedestrian traffic along the public sidewalks, obstructing access to curbside parking spaces, and bi creating long rows of connected newsracks, making street maintenance difficult. and creating areas for the accumulation of trash and debris. (c) Properly eontrolled, placed, and designed, newsracks can be operated without these adverse impacts, while still protecting the rights of newsrack opcrators to distribute newspapers. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Main Street Specific Plan Amendment 00-1 to the City Council subject to the following: 1. Add a new Seetion S.H to read as follows: "H. Ncwsracks Many newsracks are located along Main Street and within the Main Street Specific Plan area. As currently located, manyofthese newsracks are a detriment to the public health, safety and welfare by obstructing pedestrian traffic along the public sidewalks, obstructing access to curbside parking spaces, and by creating long rows of connected newsracks, making street maintenanee difficult and creating areas for the accumulation of. trash and debris. Properly controlled, placed, and designed, newsracks can be operated without these adverse impacts,. while still protecting the rights of newsrack operators to distribute newspapers. POLICY 16. Ncwsracks The City should atnend the City Code to allow newsracks to be located in appropriate portions of the public right-of-way, subject to certain location and design criteria to address. concerns regarding aesthetics and pedestrian/vehicle interface. All such newsrack locations shall be approved by the City and the appropriate permit shall be obtained from the' City. Newsracks located within the Main Sli'eet Speeific Plan area shall meet the following criteria: . (I) No newsrack shall project onto, into or over any part of the roadway of any street. (2) No newsrack shall project into any sidewalk or parkway so as to endanger the safety of any person or property, or unreasonably interfere with or impede the now Main Street Specific Plan Amend OO-I.PC Reso 2 , i Planning Commission Resolution 00-13 Main Street Specific Plan Amendment 00-1 . Nelvsrack Policy April J 9, 2000 of pedestrian or vehicular traffic; the ingress into or egress from any place of business, or any legally parked or stopped vehicle; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects pemlitted at or near said location; or the cleaning of any sidewalk by the use o[meehanical sidewalk-cleaning machinery. (3) . Newsracks shall only be located near a curb or adjacent to the wall of a building. Newsracks located near the curb shall be located no less than eighteen (18) inches nor more than twenty-four (24) inches from the cdge of the curb. Newsracks located adjaeent to the wall of a building shall be located parallcl to such wall, with the side nearest the wall not more than six (6) inches from such wall. (4) Newsracks shall not exceed four (4) feet in height, thirty (30) inches in width, or two (2) feet in depth. (5) All newsracks sball have wood-grain panels and gloss black mountings." 2. Existing Section 5.1-1 is renumbered as Section 5.L 3. Existing Policies 16, 17 and 18 are renumbered as Policies 17, 18 and 19, respecti vel y. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day of Apri 1 , 2000 by the following vote: AYES: Commissioners Brown, Cutuli, Larson, and Lyon NOES: Commissioners Non!'> ABSENT: Commissioners Hl!on ABSTAIN: Commissioners Le~~~ Vice-Chairman of the Planning Commission e Whittenberg eeretary of the Planning Comn\.' Main Street Specific Plan Amend OO-I.PC Reso 3