HomeMy WebLinkAboutPC Res 06-42 - 2006-09-20
RESOLUTION NUMBER 06-42
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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 COMP A TIBLE
WITH 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 28-2202, ClarificatIon of AmbIgUIty; and
WHEREAS, The Planning CommiSSIOn considered the appropriate zoning deSIgnatIOn
for an automotive tow busmess at ItS meeting of September 6, 2006; and
WHEREAS, SectIOn 28-1400.1 of the Code, regardmg uses in the General CommercIal
(C-2) Zone of the CIty, permits "SimIlar retail or service businesses
catenng directly to customers, when mterpreted by the Plannmg
Commission as meeting the mtent of general commercial uses"; and
WHEREAS, SectIOn 28-2202, Clarification of AmbigUity, states:
"If ambIgUlty arzses concermng the approprzate classificatLOn of a
partIcular use WIthm thIS chapter or if ambIguIty eXIst Wlth respect
to the mterpretation of any prOVISLOns wahm tlus chapter, a shall
be the duty of the Plannmg Commlsslon to ascertam all pertment
facts and by resolutLOn of record set forth as findmgs and lts
interpretatLOns Such resolutLOn shall be forwarded to the Cay
Councz! and the Clty Councz!'s determmatIOn on the matter shall
govern
For classifyzng or determmmg the proper zone for a proposed use,
the degree of compatlbz!lty between the proposed use and other
uses permltted m the zone shall be evaluated. "; and
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Plannl/1g Comml~5lOn ResolutIOn 06-42
Deterll1l11atlOl1 of Appl'Opnate Z011l11g -
Automotive Tow Busll1e~s
September 6, 2006
WHEREAS, Without appropnate condItIons Imposed on Its operatIOn, an automotive
tow business has the potentIal to create adverse nOIse and lIght impacts on
the surrounding commumty, 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 Busmess, as prepared by the Department of
Development ServIces.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
1. The proposed use IS a servIce business catenng directly to customers as permitted
through SectIon 28-1400.I.
2. Due to potentIal adverse impacts from the proposed use, a condItIonal use permIt
IS needed pnor 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 busmess.
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 mtent of General CommerCial 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 pernllt.
2. Such use shall be subject to the additional condItIons set forth m Proposed CIty
CouncIl PolIcy 600-12, AutomotIve Tow Business, as attached to this resolution
as "Exhibit A."
NOW, THEREFORE BE IT FURTHER RESOLVED 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 Planning Commission of the CIty of
Seal Beach at a meeting thereof held on the 6th day of September 2006 by the followmg
vote:
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Plal1l1ll1g COm/11l5SlOn ResolutlOl1 06-42
Determll1atlOn of Approprzate Zonll1g-
Automotzve Tow BUSlI1eS5
September 6, 2006
AYES: CommissIoners Deaton, Bello, Ladner, O'Malley, and Roberts
NOES: CommissIoners None
ABSENT: Commissioners None
Lee Whittenberg
Secretary, Planmng Commissi
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Ellery Deaton
Chairperson, Planning Commission
Planmng CommlSSlO1l Re50lutlOn 06-42
Deterll1/1latlOl1 of Appropl tate ZOIl/llg-
Automottve TolV Bmmel!J
September 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
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 removmg
or delivering to public or pnvate 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 Required:
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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Plannmg CommiSSIOn ResolutIOn 06-42
Dete/"/11Il1atlOl1 of Approprwte ZOl1lng -
Automotive Tow Busl/1ess
September 6. 2006
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:
o No chain dragging before 8 AM or after 9 PM;
o No backing-up of tow vehicles 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 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:
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.
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. 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
Pla17l1l1lg Comml5SIOn RewlutlOn 06-42
Deter11l1llatlO17 of Approprzate ZOIll17g-
Automotive Tow BuslIless
September 6. 2006
(Insert Date of City Council Approval)
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