Loading...
HomeMy WebLinkAbout97-64 - Service Station RegulationsRESOLUTION NO. 97- 64 _ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE REGULATION OF SERVICE STATIONS WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach; and WHEREAS, the City Council intends to initiate amendments to revise Chapter 20.80 of Title 20 of the Newport Beach Municipal Code to revise regulations for service stations and to allow retail sales and eating and drinking establishments in conjunction with service stations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach to initiate an amendment to Title 20 of the Newport Beach Municipal Code to revise Chapter 20.80 and Chapter 20.03 to read as provided in "Exhibit `A. "' This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on July 28, 1997, by the following vote, to wit: • 1'1 AT�T�FST: n g/ CITY CLERK E AYES, COUNCIL MEMBERS Thanson, Hedges, •� - • - V . R -.- NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Bdwards ABSTAIN, COUNCIL MEMBERS O'Neil MA O • • • Res 97 -64 Page 20.80 -1 Service Stations CHAPTER 20.80 SERVICE STATIONS Sections: 20.80.010 Purpose 20.80.020 Use Permit Required 20.80.030 Application Contents 20.80.040 Operational Regulations 20.80.050 Design and Development Regulations 20.80.060 Accessory Uses 20.80.010 Purpose In order to promote and preserve the public health, safety, convenience, general welfare and general prosperity, it is the intent of this chapter that service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development and redevelopment of the surrounding area as reflected by the General Plan, zoning regulations or specific plans approved by the City. 20.80.020 Use Permit Required Unless otherwise prescribed in the individual chapters of this code, a use permit shall be required for any new service station and for any existing service station when one or more of the following events occur: A. An expansion of 10 percent or more in floor area within any 12 month period or the cumulative expansion of more than 50 percent of floor area existing at the time of the effective date of this chapter. B. Any change in the land area on which the service station is located, whether by purchase, lease, business combination or acquisition, or similar method. C. The renovation or any other development that would cost more than 50 percent of the value of the improvements on the parcel at the time of renovation, excluding land value. D. The introduction of any of the accessory uses permitted under Section 20.80.060 or any similar change in the operational characteristics of the service station. Draft 07116197 Page 20.80 -2 Service Stations 20.80.030 Application Contents • In addition to the application requirements contained in Chapter 20.90: Application Filing and Fees, an application for a use permit for a service station shall be accompanied by the following 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, service islands, storage facilities, planting areas, exterior lighting standards, signs, walls, parking 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 showing 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 irrigation systems. E. Such other plans, drawings and information as the Planning Director reasonably may require. • 20.80.040 Operational Regulations The following operational regulations shall apply to service stations and accessory uses. A. Location of Activities. All activities and operations shall be conducted entirely within an enclosed structure, except as follows: Sale and dispensing of motor vehicle fuel. 2. Incidental, minor maintenance commonly conducted at service islands, such as dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. 3. Vending machines abutting a building or in a kiosk enclosed on three sides. 4. Vacuuming, hand drying and hand waxing of vehicles. B. Storage and Display. The provisions of Section 20.60.105: Outdoor Storage and Display shall apply, except as follows: • Uraj1 07116197 Page 20.80 -3 Service Stations 1. Display racks for automotive merchandise no more than 4 feet wide located at each service island. 2. Display racks for automotive merchandise located within 3 feet of the principal building, provided such display racks are limited to 1 display rack per frontage. C. Parking and Vehicle Storage. Off -street parking shall be provided as specified in Chapter 20.66: Off - Street Parking and Loading. 2. The vehicles or equipment in the process of being served may be stored outside for a maximum period of 7 days. 3. The parking of vehicles and equipment for purposes of sale shall be prohibited. 4. The storage of rental vehicles shall not occupy any parking space provided to meet the parking requirements of the service station or any other accessory use. 5. No vehicles shall be parked or stored within the public right -of -way. • 6. Tanker trucks shall not obstruct the public right -of -way during delivery. D. Non - Automotive Retail/Food and Beverage Sales. Up to 50 square feet of floor area may be used for the display and sale of non - automotive merchandise and ready -to -eat and prepackaged food and beverages. Exceptions. 1. Floor area used for vending machines shall not contribute to the floor area limit. 2. Accessory uses subject to the provisions of Section 20.80.060. E. Si ns. Signs shall be subject to the provisions of Section 20.67.030 (D). • Draft 07116197 Page 20.80.4 Service Stations 20.80.050 Design and Development Regulations • A. Applicability. The following design regulations shall apply to any new service station and to any existing service station meeting any of the criteria specified in Section 20.80.020. B. Location. All service station sites shall front on streets designated as major, primary or secondary on the City Master Plan of Streets and Highways unless the sites are part of or in conjunction with developments such as shopping centers in residential areas. C. Minimum Lot Area. The site shall be of sufficient size and configuration to satisfy all requirements for off - street parking, setbacks, driveway approaches, walls, landscaping and storage as provided in this chapter. D. Setbacks. The following setbacks shall be maintained: Required Setback (Feet) Structure Abutting Abutting Interior a Street an Alley Service islands 20 20 20 Canopies 5 5 5 • Air dispensers 10 10 10 and water Automobile washing, 18 30 30 maintenance and repair Retail and office 0 15 10 E. Access. 1. Driveways shall be so designed and located as to ensure a safe and efficient movement 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 2. 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. 3. On -site driveways all should be a minimum of 25 feet for two -way traffic or 18 feet for one -way circulation. . 4. Provisions for on -site queuing lanes shall be made. Draft 07116197 Page 20.80 -5 Service Stations 5. Queuing lanes shall not interfere with access to required parking spaces. • 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. Architectural Design. The siting and architectural design of a service station building shall be, at a minimum, compatible with existing or planned improvements and the character of the area in which it is to be located. Unique design concepts are encouraged. I. Landscaping. 1. A minimum of 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: a. A minimum 5 foot -wide (inside dimension) planting areas between driveway approaches. • b. A minimum of 150 square foot landscaped area provided at the intersection of two property lines at a street corner. Landscape materials shall not exceed a height of 36 inches. E C. A minimum 5 foot -wide (inside dimension) planting area along interior property lines, except where openings are needed to facilitate vehicular circulation to adjacent properties. 2. A minimum of 30 percent of the required landscaping shall be provided within 20 feet of the exterior property lines. 3. Where a property line adjoins a residential district, a minimum 5 foot -wide (inside dimension) planting area shall be provided. The planting area shall be contain a minimum of 1 tree per every 30 linear feet to the adjacent property. Required trees shall be provided in equal numbers of 15- gallon size and 24 -inch box size, or larger. 4. Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. Draft 07116197 Page 20.80 -6 Service Stations 5. City parkway areas shall be provided with groundcover and street trees as • per City standards. 6. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. 7. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. 8. Landscape planting and sprinkler irrigation plans and specifications shall be submitted by the applicant and approved by the Planning Director prior to the issuance of a building permit. J. Perimeter Walls. Service station sites shall be separated from abutting residentially -zoned property or property used for residential purposes by 6 foot high masonry or concrete wall utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to 3 feet in height within adjacent street setback areas. Such walls need not be installed when building walls or other acceptable walls already exist on such property lines. K. Liehtine. All lighting fixtures shall be located so as to shield direct rays from • adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed a height of greater than 20 feet above finished grade. L. Rest Rooms. One men's rest room and one women's rest room shall be provided to the general public during all hours of operation. All rest rooms with exterior entrances shall be located so as to be in clear view of the station's service area, cashier station, or office. M. Refuse Storaee Areas. Refuse storage areas shall be enclosed by walls and integrated with the design of the service station. N. 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 on the permit, and receive a written receipt therefore, 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 requirements of the use permit, it shall notify both the oil company and the operator of the station in order to assure compliance. O. Modification or Waiver of Regulations. The Planning Commission may modify or waive any of the design and development standards contained in this section for the expansion or renovation of an existing service station upon finding that the • Draft 07116197 Page 20.80 -7 Service Stations strict compliance with the standards is not necessary to achieve the purpose and • intent of the standard. 20.80.060 Accessory Uses A. Accessory Uses Permitted. The following uses classifications shall be permitted as accessory uses to a service station, subject to the approval of an use permit or an amendment to an existing use permit pursuant to Chapter 20.91: Use Permits and Variances. 1. Convenience Markets. 2. Eating and Drinking Establishments. 3. Automobile Washing. 4. Vehicle /Equipment Repair. Limited. 5. Electronic Equipment Installation. 6. Vehicle Rentals. • B. Supplementary Regulations for Eating and Drinking Establishments. Eating and drinking establishments operated in conjunction with service stations shall be subject to the provisions of Chapter 20.82: Eating and Drinking Establishments, except as provided in this section. C J Minimum Land Area. Service stations with eating and drinking establishments shall have a minimum lot size of 30,000 square feet. 2. Perimeter Walls. Walls shall be provided per Section 20.80.050 (J). C. Supplementary Regulations for Convenience Markets. The following supplementary regulations shall apply to convenience markets operated in conjunction with service stations. Minimum Land Area. Service stations with convenience markets shall have a minimum lot size of 30,000 square feet. 2. Minimum Floor Area. The sale of food and beverages and non- automotive merchandise shall require a minimum of 1,500 square feet of net public area. Draft 07116197 Page 20.80 -8 Service Stations 3. Mode of Sale. The sale of merchandise from drive -up windows shall be • prohibited. 4. Signs and Displays. Signs and displays shall not obstruct the sales counter, cash register, seller and customer from view from the exterior. 5. Arcade and Game Machines. Arcade and games machines shall be prohibited. 6. Security. The Planning Commission may require the applicant to provide a security program for the site. 7. Alcoholic Beverages. The sale of alcoholic beverages shall be subject to the following conditions: a. The sale of alcoholic beverages shall be limited to only the sale of beer and wine for consumption off the premises. b. Signs approved by the Planning Director shall be posted in a conspicuous place inside and outside the establishment advising patrons that drinking alcoholic beverages outside the establishment or in public is prohibited, except in City approved outside areas. •C. No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler. d. No display or sale of beer or wine shall be made from an ice tub. C. No advertisement of alcoholic beverages shall be displayed at service islands. f. No intemally illuminated or luminous tube signs advertising alcoholic beverages shall be located on buildings or windows. g. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer or wine shall be at least 21 years of age. • Draft 07116197 Related Revisions to the Zoning Code Section 20.03.030 (Definitions) • Area, Net Public: The total area • LI restrooms, of-flees ,.,..."ifgag to the establishment enly, , storage etriployees of the esab"tistunent. Dmfl 07116197 • • 40 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -64, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of July, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: Edwards Abstain: O'Neil IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of July, 1997. (Seal) City Clerk of the City of Newport Beach, California