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:
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_ 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
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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.
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(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:
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(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
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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).
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(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.
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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.
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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:
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(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
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•
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..
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•
(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.
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(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. ,
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•
(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
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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."
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} 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
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None
3/7/72
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