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HomeMy WebLinkAbout1411 - Automobile Service StationsORDINANCE NO. 1411 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20.02.032 AND 20.02.2259 AND ADDING CHAPTER 20.43 TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "AUTOMOBILE SERVICE STATIONS The City Council of the City of Newp.ort Beach does ordain as follows: SECTION 1. Section 20.02.032 is added to the Newport Beach Municipal Code to read: "20.02.032 Automobile Service Station - -; The term 'Automo- bile Service Station' shall mean a retail place of business engaged in the servicing of motor vehicles; including,those activities and operations as specified in Section 20.43.050, but excluding major automobile repairs:," • SECTION 2. Section 20.02.225 is added to the Newport Beach Municipal Code to read: "20.02.225 Major Automobile Repairs. The term 'Major Automobile Repairs' shall mean any extensive work involving the disassembly and /or overhaul of the engine, clutch, trans- mission or differential. Also, body, frame and fender repair, painting, welding, upholstery work, tire recapping, glass replacement or similar activities,shall be considered as major repair work. ". SECTION 3. Chapter 20:43 is added to the Newport - ,Beach Municipal- Code to.read: - 1 - 3/7/72 _ Sections: 20.43.010 20.43.020 20.43.030 20.43:040 20.43.050 20.43.060 20.43.070 20.43:080 20.43.090 "Chapter 20.43 AUTOMOBILE SERVICE STATIONS Intent. Definitions. Use Permit Required. Application Contents. Activities .and Operations Permitted: Development Standards for New Service Stations: Existing Structures and Uses. Discontinued Use. Appeal. - 20.43.010 Intent. In order to promote and preserve the public health, safety, convenience, general welfare and general prosperity, it is the intent of this ordinance that automobile service stations shall not ,create increased pedes- trian and vehicular traffic hazards and shall not.be detri -, mental to.the ordinary maintenance,. development,_and redevel- opment of the surrounding area as reflected by the General Plan, Zoning Regulations or specific plans approved by the City. 20:43.020 Definitions. As used in this chapter, the following. terms shall have the meanings indicated: (a) Automobile.Service Station - The term 'Automobile Service.Station' shall mean a retail place of business engaged in the sale of fuel and servicing of motor vehicles, including those activities and operations as specified in Section 20.43.050, but excluding major auto- mobile repairs. (b) Major Automobile Repairs - The term 'Major Automobile Repairs' shall mean any extensive work involving the disassembly and /or overhaul of the engine, clutch, transmission or differential. Also, body, frame - 2 - 3/7/72 and fender repair, painting, welding, upholstery _.work, tire recapping, glass - replacement or similar activities shall be considered as major repair work. . 20:43:030 Use Permit Required. Automobile service stations may be permitted in the C- N, -C -O, C -1, C -2, M -1, M -1 -A and U Districts, subject to the,.requirement of a use permit for each development. The procedure governing the issuance of all use permits for such developments shall be governed by the provisions of this chapter and Chapter 20.46, entitled 'PERMITS.' 20.43:040 Application Contents.. An application for an automobile service station shall be in the form of a use permit application and shall be accompanied by the follow- ing information, maps and plans: (a) A plot plan of the property, drawn to scale, showing location of all buildings, canopies, on -site access and drives, pump islands, storage facilities, plant • ing areas, exterior lighting standards, signs, walls, park- • ing spaces, enclosed trash areas, curb cuts and driveway approaches., (b) Elevations, drawn to scale, including all building and sign faces -and materials, textures and colors. (c) A grading plan, indicating how the property is to be graded and drained. (d) A landscape and irrigation plan show - ing the size, location and variety of plant materials to be used, including the botanical and common plant names of each, and the location, type and design of all irriga- tion systems. - 3 - 3/7/72 (e) Such other plans, drawings and in,for- mati.on as the Director,of Community Development reasonably. may require. • 20.43.050 Activities and 0oerationst.Per.mitted. Activities and operations shall be subject to the following. restrictions: (a) In addition to the dispensing of gas- oline, oil, air and water, the following operations are permitted uses when conducted entirely within -an enclosed building without the use of an open flame and in such manner so as not to be a nuisance or of detriment to the occupants of adjacent properties: (1) Changing of engine oil and filters. (2) Lubrication.of motor vehicle chassis. (3). The cleaning of component - parts. (4) Brake adjustment and re.Placement. (5) Automobile washing and polishing • (not including mechanical car wash). (6) Front-end alignments (unless facilities exist outside the building on the effective date of this ordinance), (7) Soft drinks, candy and cigarettes sold via dispensers at statiores constructed subsequent to the enactment of this ordinance. (b) The dispensing of gasoline, oil, air and water from pump islands,.and the following activities and items offered for sale or rent are permitted outside of a building: • - 4 - 3/7/72 (1) Six (6) rental trailers having maxi- mum bed dimensions of 6' x 10' each; only provided such use was in existence on the effective date of • this ordinance. The location and screening of The trailer storage shall be approved by the Community Development Director. (2) Automobile rental, provided that the automobiles are not parked on public streets. (3) Tire display as.follows: One (1) rack containing not more than a number equivalent to four (4) tires per pump island, plus not more than four (4) tires, in,racks, on each pump island. There.shall be a maximum display of not more than twenty (20) tires: (4) Trash areas, enclosed by walls, to be integrated with the design of the service station. i the street, and are accessible on a twenty -four hour basis. (6) Any testing or servicing of automo- biles which necessitates a running engine. (7) The sale and installation of batteries and minor automotive accessories., (8) (5) Public telephones, provided they are The well lighted, are in a location which is visible from i the street, and are accessible on a twenty -four hour basis. (6) Any testing or servicing of automo- biles which necessitates a running engine. (7) The sale and installation of batteries and minor automotive accessories., (8) The sale, mounting and repair of tires. (9) The testing, adjustment and replace- ment of parts. (10) The sale of soft drinks, candy, cigar- ettes, ice and similar items via dispensers at - 5 - 317172 stations constructed prior to the enactment of this ordinance. (11) The servicing of air - conditioners. (12) The servicing of air pollution control devices. (13) Lamp adjustment. (c) Operating provisions shall include the following restrictions: (1) Parking on site is prohibited except for such vehicles as are in.the process of being serviced, those belonging.to employees and service trucks owned by the establishment. Rental cars and trailers may be parked on site subject to the pro- visions of-Section 20.43.050(b) (1) and (2). (2) No vehicle waiting for service.shall be parked for -a period longer than twenty -four (24) hours on the station site unless in the process of • being serviced: No vehicle shall be considered to be in the process of being serviced for a period 1 longer than one (1) week. (3) Gasoline tanker trucks shall not obstruct the public right -of -way during delivery. 20.43.060 Development Standards for New Service Stations. The following development standards shall apply to all auto- mobile service stations constructed on new sites subsequent to the effective date of this ordinance and to remodeling or re- building existing stations as provided in Section 20.43.070(d). - 6 - 3/7/72 (a) Location - All service station sites shall.front on streets designated as major, primary or secondary on the City Master Plan of Streets and Highways 0 (b) Site Size - The site shall be of suf- ficient size and configuration to satisfy all requirements for off - street parking, setbacks, curb cuts, walls, land- scaping and storage as provided in this chapter. (c) Parking - A minimum of five (5) park- ing spaces for each service bay shall be provided. All such parking spaces shall be marked clearly and shall meet all City codes and standards as to size and accessibility. (d) Setbacks - All buildings shall be set back from interior property lines a minimum of eighteen (18) feet and exterior property lines a minimum of thirty (30) feet except that pump islands may be located a mini- mum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within five (5) feet of exterior property lines. On -site driveways all should be a minimum of twenty -five (25) feet for two -way traffic or eighteen (18) feet for one -way circulation. (e) Access - Driveways shall be so de- signed and located as to ensure a safe and efficient move ment of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. - 7 - 317172 unless the sites are part of or in conjunction with devel- opments such as shopping centers in residential areas. 0 (b) Site Size - The site shall be of suf- ficient size and configuration to satisfy all requirements for off - street parking, setbacks, curb cuts, walls, land- scaping and storage as provided in this chapter. (c) Parking - A minimum of five (5) park- ing spaces for each service bay shall be provided. All such parking spaces shall be marked clearly and shall meet all City codes and standards as to size and accessibility. (d) Setbacks - All buildings shall be set back from interior property lines a minimum of eighteen (18) feet and exterior property lines a minimum of thirty (30) feet except that pump islands may be located a mini- mum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within five (5) feet of exterior property lines. On -site driveways all should be a minimum of twenty -five (25) feet for two -way traffic or eighteen (18) feet for one -way circulation. (e) Access - Driveways shall be so de- signed and located as to ensure a safe and efficient move ment of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. - 7 - 317172 Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as- part of_the total circulation • element of.such adjacent ,uses. shall be made. Provisions for on -site stacking lanes (f) Utilities - All utilities,shall be installed underground within the exterior property lines of the site. (g) Drainage- All drainage to the street shall be by underground structures to avoid drainage across City,walks or drive aprons, and shall be subject to approval by,the Director of Public Works. (h) Noise - Buzzers and amplified signal- ing bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site .' abuts residentially -zoned property or property used for 0 residential.purposes. (i) Architectural Design - The siting and architectural design of a service station,building. shall be, at a minimum, compatible with existing or planned im- provements and the character of,the area in which it is to be located. Unique design concepts are encouraged. (j) Landscaping - At least fifteen (15) percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas ,shall include but not be limited to the following: MM 3/7/72. (1) Five -foot wide planters between driveway approaches, separating pump islands for their entire length from the sidewalk or public right -of -way. • (2) A planting area at the 'exterior' corner of the site from curb cut to curb cut at 0 the intersection. (3) A series of -tree wells, each located a maximum distance of thirty (30) feet on center along all interior property lines, hav- ing a minimum inside dimension of four (4) feet to any one side of the planting area and contain- ing at least.one fifteen (15) gallon tree of an approved variety. Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees; shrubs and groundcovers. City parkway,areas shall be provided with groundcover and street trees as per City standards. All planting areas shall be provided with a permanent underground automatic sprinkler irriga- tion system of a design suitable for the type and arrange- ment of the plant materials selected. Landscape planting and sprinkler irrigation plans and specifications shall be submitted by the applicant and approved by the Community Development Director prior to the issuance.of a building permit. (k) Perimeter Walls - Service station sites shall be separated from abutting residentially -zoned property or property used for residential.purposes by - six -foot high - 9 - 3/7/72 • masonry walls utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced.to three (3) feet in height within adja- cent street setback areas. Such walls need not.,be installed when building walls.or other acceptable walls already exist on such property lines. (1) Lighting - All lighting fixtures shall be located so as to shield direct rays from adjoining pro- perties. Luminaires shall be of a low level, indirect diffused type and shall not exceed a height of greater than twenty (20) feet above finished grade. (m) Permanent Exterior Signs - A maximum of seven..(7) permanent signs shall be permitted on any service station site as follow: (1) One double -faced free - standing sign, not exceeding a height of twenty -five (25) feet and an area thirty -six (36) square feet for each side. (2) Two wall signs to be located on the exterior facades of the building and not ,exceeding ten (10) square feet each. (3) One sign advertising.the price of gas and not exceeding eight (8) square feet. The sign shall be of materials in harmony with those utilized in the building. (4) One sign identifying the operator of the premises and address of the building, to be located on the building and not exceeding a total of six (6) square feet.. - 10 - 3/7/72 • (5) All small signs advertising products for sale, trading stamps, credit cards and the in- spection of pollution control devices, lamps and brakes, as authorized by the State, shall be clus- tered into not more than three (3) sign groupings located on the building face and a total.of which shall not exceed twelve (12) square feet in area, exclusive of the additional space required for signs advertising.State- authorized services. The sign background shall be of materials in harmony with those utilized in the building. (6) One double -faced sign, in a perman- ent frame, not exceeding an area of twelve (12) square feet for each side, for promotional purposes, but excluding. any reference to price.. No rotating, flashing, blinking or signing with animation, flags, banners, or other attention- attracting devices shall be permitted on a permanent basis. Attention - attracting devices may be permitted for thirty (30) days, however, when connected with an opening or change in.ownership or management of a service station. (n) Rest Rooms - All rest rooms shall be located to the side or rear of the building with all en- trances screened from public view by landscaping or a six (6) foot high wall of materials in harmony,with those utilized in the building. (o) Storage - All products and merchan- dise, except as permitted in Section 20.43.050 (b), shall be stored within the main building. - 11 - 3/7/72 (p) Dispensing Machines - ,Space shall be made inside the building for any machines to be used for the dispensing of soft drinks, candy, cigarettes, ice and similar items. (q) Additional Requirements - It shall be required as a condition of a use permit that the grantee provide the oil company, the property owner and /or lessee each with a copy of the conditions embodied in.the permit, and receive a written receipt therefor, so that there shall be no person operating the premises who is not aware of the conditions of operation. If, during any inspection of the premises, the City shall find violations of the require- ments of the use permit, it shall notify both the oil company and the operator of the station in order to assure compliance. 20.43.070 Existing Structures and Uses... The provi- sions of Chapter 20.44 entitled 'Nonconforming Structures and Uses,' shall be applicable to automobile service stations as defined in this,.chapter, except as, amended by the follow- ing regulations: (a) Existing Uses - Cessation of Use - The lawful use of land or building or both for the purpose. of oPerating an. automobile service station, which use -is in existence on the effective date of this Chapter, may be continued without compliance with the requirements of a use permit provided that, if any such use shall cease for a continuous period of -six (6) months, such use shall be considered abandoned and the Planning Commission shall have the authority to require the property owner to remove all existing structures from the site or obtain a use permit., pursuant to Section 20.43.040 of this,Chapter. , MIPM 3/7/72 • (b) Restoration of Damaged or Destroyed Building - Any building in use as an automobile service station on the effective date of this Chapter which is damaged or destroyed by fire, explosion, earthquake or other act, to an extent of seventy -five (75) percent of the appraised value thereof, according to the assessment by the assessor for the fiscal year during which such des- truction occurred, may not be restored without the require- ment of a use permit. (c) Maintenance, Repairs and Structural Alterations - Maintenance; repairs and structural altera- tions can be made to any building in use as a gasoline service station on the effective date of this Chapter provided that such maintenance, repair or structural alter- ation does not exceed, in any consecutive twelve (12) month period, fifteen (15)percent of the value of the im- provements as determined by the assessed valuation. Struc- tural alterations exceeding fifteen (15) percent of the appraised value will require a use - permit. (d) Remodeling or Rebuilding - Any service station being remodeled or rebuilt to an extent requiring a use permit shall be designed so as to comply as nearly as possible with the standards for service stations on new sites set forth in Section 20.43.060; taking into con- sideration size of the property, location of the existing structure, and other similar constraints. 20.43.080 Discontinued Use. Notwithstanding anything to the contrary in this Chapter, if any service station is abandoned for a period of six (6) consecutive months, the. Planning Commission, after public hearing, shall have the - 13 - ` 3/7/72 authority to revoke the use permit and may require the property owner to remove all existing structures from the site. 20.43.090 Appeal. A. Initiation of Appeal. In case the automobile service station operator is not satis- fied with the action of the Community Development Director in any case requiring the Director's approval, he may appeal in writing to the Planning Commission by filing a Notice of Appeal with the Secretary of the Planning Commission within five (5) days following the decision of the Director of Community Development, as provided in Section 20.58.010 of the Newport Beach Municipal Code. B. Decision. Upon receiving Notice of Appeal to the Planning Commission, the written findings of the Director of Community,Development shall be submit - ted to the Planning Commission together with all maps, letters, exhibits, and other documentary evidence consid- ered by the Director of Community Development in reaching • his decision. The Planning Commission shall render its decision within thirty (30) days after the hearing of the appeal: C. Appeal to the City Council. In case an applicant is not satisfied with the action of the Planning Commission on his appeal, he may within twenty -one (21) days appeal in writing to the City Council, as.provided in Chapter 20.58 of the Newport Beach Municipal Code dealing with appeals." • - 14 - 3/7/72 } v e iwY > SECTION 4. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of 10 the City,Council of the City,of Newport Beach on the 28th day of February , 1972, and was adopted on the 13th day of March , 1972, by the following vote, to wit: ATTEST: Ci y lerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION M9R - 7- 7.197 .: CIiY C ERK OF THE N OF PORT BEACEI i AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth, Croul, Dostal, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN ayor - 15 - None 3/7/72 RVH /kk