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HomeMy WebLinkAbout91-49 - Amending Title 20 of the Municipal Code so as to Permit the Addition of Covered Mechanical Car Wash Facilities as a Permitted Activity on Automobile Service Station Sites; the Requirement to Provide Rest Rooms Which are Available to the General PuORDINANCE NO. 91 -49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO PERMIT THE ADDITION OF COVERED MECHANICAL CAR WASH FACILITIES AS A PERMITTED ACTIVITY ON AUTOMOBILE SERVICE STATION SITES; THE REQUIREMENT TO PROVIDE REST ROOMS WHICH ARE AVAILABLE TO THE GENERAL PUBLIC FOR NEW AUTOMOBILE SERVICE STATIONS; AND THE •REQUIREMENT FOR FUEL PRICE SIGNS TO BE IN COMPLIANCE WITH, BUT NOT EXCEED THE MINIMUM PRICE SIGN REQUIREMENTS SET FORTH IN THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF CALIFORNIA. (Planning Commission Amendment NO. 738) WHEREAS, in 1972 the City Council adopted Ordinance No. 1411 which amended Title 20 of the Newport Beach Municipal Code so as to establish provisions for the development of automobile service stations; and WHEREAS, the nature and operation of automobile service stations have changed since the adoption of Ordinance No. 1411; and WHEREAS, the State Code provisions pertaining to price signs and rest room facilities for automobile service stations have changed since the adoption of Ordinance No. 1411; and WHEREAS, at its meeting of September 19, 1991 the Planning Commission scheduled Amendment No. 738 for public hearing; and WHEREAS, the public was duly noticed of the public hearing; and •WHEREAS, on October 10, 1991, November 7, 1991, and November 21, 1991, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 738; WHEREAS, on January 13, 1992, the City Council of the City of Newport Beach held a public hearing regarding Amendment No. 738. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby ordain as follows: Section 1. Sections 20.06.050, 20.70.050 and 20.70.060 of the Newport Beach Municipal Code are hereby amended to read as follows: 20.06.050 PERMITTED SIGNS. A. RESIDENTIAL DISTRICTS. 1. In the R -A, R -1, R -1.5, R -2 and SP -4 (residential) Districts: One name or identification sign not exceeding two (2) square feet in area. • 2. In the R -3 District: One name or identification sign not exceeding six (6) square feet in area. 3. In the R -4 and C -R: One name or identification sign not exceeding twelve (12) square feet in area. B. COMMERCIAL AND INDUSTRIAL DISTRICTS. 1. In the A -P and C -N Districts: A maximum of three (3) signs, the combined • C. area not to exceed one hundred (100) square feet. 2. In the C -R District: Signs appurtenant to any use shall be permitted, provided that the total square footage of signs shall not exceed one (1) square foot for each lineal foot of building frontage. 3. In the GO, C -1, C -2, M -1, M -1 -A, and SP-4 (commercial)-Districts: Signs appurtenant to any permitted use. AUTOMOBILE SERVICE STATIONS IN ANY DISTRICT (except P -C). Permanent Exterior Signs -- A maximum of seven (7) permanent signs shall be permitted on any service station site as follows: One double -faced free - standing sign, not exceeding a height of twenty -five (25) feet and an area of 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. Price signs for fuel products shall be permitted, provided that the number, size and location of such signs comply with and do not exceed that which is required to satisfy minimum price sign requirements as provided in Sections 13530 through 13534 of the Business and Professions Code of the State of California. Price signs 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. • 5. All small signs advertising products for sale, trading stamps, credit cards and the inspection of pollution control devices, lamps and brakes, as authorized by the State, shall be clustered 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 permanent 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. D. DRIVE -IN AND OUTDOOR RESTAURANTS IN ANY DISTRICT. Signs shall be subject to the following restrictions: 1. The subject matter of any signs shall be limited to the name of the business and the food products and beverages sold on the premises on which the signs are located. 2. The total area of all signs on the site shall not exceed two (2) square feet for each lineal foot of property on a street. In the case of comer lots or double frontage Iots only one street frontage may be used to determine the maximum allowable sign area. 3. All signs shall be mounted flat against a building and shall be limited in size to fifty(50) square feet each, except that one free standing sign not to exceed one hundred (100) square feet shall be permitted. 20.70.050 ACTIVITIES AND OPERATIONS PERMITTED. Activities and operations shall be subject to the following restrictions: (a) In addition to the dispensing of gasoline, oil, air and water, the following • operations are permitted uses when conducted entirely within a 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 replacement. S. Mechanical or hand car washing and detailing shall be permitted provided that it is conducted in such manner so as not to be a nuisance or a detriment to the occupants of adjacent properties. 6. Front -end alignments (unless facilities exist outside the building on the effective date of this ordinance). 7. Soft drinks, candy, and cigarettes and other miscellaneous convenience items sold via dispensers at stations 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: 1. Six (6) rental trailers having maximum bed dimensions of 6 ft. x 10 ft. • each, only provided such use was in existence on the effective date of this ordinance. The location and screening of trailer storage shall be approved by the Planning 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. 5. Public telephones, provided they are well lighted, are in a location which is visible from the street, and are accessible on a twenty-four hour basis. 6. Any testing or servicing of automobiles 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 replacement of parts. 10. The sale of soft drinks, candy, cigarettes, ice and similar items via dispensers at 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, those belonging to customers using a rest room, and service trucks owned by the establishment. Rental cars and trailers may be parked on site subject to the provisions of Section 20.70.050(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 longer than one (1) week. 3. Gasoline tanker trucks shall not obstruct the public right -of -way during delivery. (Ord. 1411 § 3 (part), 1972). • 20.70.060 DEVELOPMENT STANDARDS FOR NEW SERVICE STATIONS. The following development standards shall apply to all automobile service stations constructed on new sites subsequent to the effective date of this ordinance and to remodeling or rebuilding existing stations as provided in Section 20.70.070(d). (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 unless the sites are part of or in conjunction with developments such as shopping centers in residential areas. (b) Site Size - The site shall be of sufficient size and configuration to satisfy all requirements for off- street parking, setbacks, curb cuts, walls, landscaping and storage as provided in this chapter. (c) Parking - A minimum of five (5) parking spaces for each service bay shall be provided. Establishments which do not include service bays shall provide a minimum of four (4) parking spaces. 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 minimum 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 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. 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. Provisions for on -site stacking lanes shall be made. (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 signaling 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 residential purposes. (i) Architectural Design - The sitting 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. (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: • 1. Five -foot wide planters between driveway approaches, separating pump island for their entire length from the sidewalk or public right -of -way. 2. A planting area at the "exterior" comer of the site from curb cut to curb cut at the intersection. 3. A series of tree wells, each located a maximum distance of thirty (30) feet on center along all interior property lines, having a minimum inside dimension of four (4) feet to any one side of the planting area and containing 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 irrigation system of a design suitable for the type and arrangement 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 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 adjacent 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 properties. Luminaries 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) Signs in accordance with Chapter 20.06. (n) 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 to the side or rear of the building with all entrances 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 merchandise, except as permitted in Section 20.70.050(b), shall be stored within the main building. (p) Dispensing Machines - If dispensing machines are used, space shall be provided inside the building for any machines to be used for the dispensing of soft drinks, candy, cigarettes, ice and similar items. • 0 • (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 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. (Ord. 1753 § 27, 1977: Ord. 1411 § 3 (part), 1972). Section 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper and shall be effective thirty (30) days after the date of its adoption. Section 3. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of December 1991, and was adopted on the 13th day of January 1992 by the following vote, to wit: ATTEST: CITY CLERK F: \wp51 \Bil1-W \Amend \A738.CC AYES, COUNCIL MEMBERS HEDGES, WATT TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE MAY R