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HomeMy WebLinkAboutOrdinance #1799 ORDINANCE NO. 1799 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION G OF SECTION 9430 .7 , SECTIONS 9432 . 5, 9432 .6 . 1 , 9432 .6 . 2 , 9454 .1, AND ARTICLE 948; AND ADDING THERETO NEW ARTICLE 948 ENTITLED, "SERVICE STATION SUFFIX," AND SECTION 9700 .9 (1) , DEFINING IDLE SERVICE STA- TION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Subsection G of Section 9430 .7 . Sections 9432 .5 , 9432 .6 . 13 9432 .6 . 2 , 9454 . 1 and Article 948 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 948 entitled, "Service Station Suffix, " and Section 9700 .9 (1) to read as follows : 9480 . INTENT AND PURPOSE . It is recognized that serv- ice stations warrant special consideration because they consti- tute a use attracting vehicular patronage exclusively and there- fore , tend to create additional traffic hazards on a public way , which hazards increase proportionately with the number of service stations within an immediate area. It is further noted that the unenclosed nature of the activity , distinctive physical ap- pearance , long hours of operation, the degree of danger to life and property due to the flammable and explosive potential, nox- ious odors , noise and traffic hazards arising from the conduct of such business requires the regulation of service station lo- cations to promote reasonably the health, safety and general welfare of the citizens of Huntington Beach . These standards are also intended to encourage better land planning techniques by use of aesthetically pleasing architecture , landscaping, site layout and design. 9481. SERVICE STATION SUFFIX. USE OF . After a public hearing, as provided for zone changes in this code , the service station suffix (SS) may be combined with any commercial district except the Cl district and any industrial district . All require- 1 ments of this article and the base zoning district shall apply . 9481 . 1 . LOCATION. Service station sites shall only be permitted at the intersection of major and primary arterial high- ways or at the intersection of freeway off-ramps , major or pri- mary highways . When granting a service station suffix zone , the Planning Commission and City Council shall consider the follow- ing criteria: (a) Proximity to other service stations or businesses distributing or handling flammable liquid or materials . (b ) Proximity to residences , schools , hospitals , churches , theaters , parks , and other places of public assembly . (c ) Any adverse effect that the proposed use will have on traffic on the abutting streets and highways including, but not limited to, congestion, turning movements and dangers to pedes- trians . 9481. 2 . BUILDING SITE AND FRONTAGE . The minimum building site shall be 22 ,500 square feet with a minimum frontage on any major or primary arterial highway of 150 feet . 9481 . 3 . PERMITTED USES . The following use is permitted in a Service Station Suffix (SS) District subject to approval of an administrative review application by .the Board of Zoning Ad- justments : Automobile service stations engaged in the retail business of selling motor fuels and supplying goods and services , as de- fined in Article 970 , generally required in the operation and maintenance of motor vehicles . 9481 . 4 . ADJUNCT USES PERMITTED. The following adjunct uses are permitted subject to approval of an administrative re- view application by the Board of Zoning Adjustments : (a) Automatic washing, cleaning and waxing of vehicles . Such activities shall be conducted within the main structure of the service station. (b ) Storage of rental and utility trailers . Such trailers shall not exceed 1 _ feet in total length or 7 feet in total height, and shall be stored in an area screened on all sides by a wall or landscaping, or any combination thereof . Such storage areas shall be delineated on the plot plans submitted when the administrative review application for the service station is first requested and shall be in addition 2 . to the areas required for off-street parking, driveways and landscaping. All adjunct uses shall be specifically set out in the initial application . Any adjunct uses to be added after the initial ap- plication has been filed shall require submittal of a new adminis- trative review application . Adjunct uses shall not occupy more than 10 percent of the area of the site , and in the case of trailer rentals , not more than six (6) trailer rentals shall be permitted on the lot at any one time . 9481 . 5 . OUTSIDE ACTIVITIES . Activities conducted outside the permanent structure shall be limited to the dispensing of gasoline, oil, water, minor accessory items and parts such as fan belts , light bulbs and wiper blades , attaching and detaching trailers and changing tires . Outside storage of motor vehicles is prohibited. 9481 . 6 . DESIGN . Emphasis shall be on quality of design and proper balance between building materials of structures and landscaping elements . All service stations shall be designed so that form and scale are harmonious and consistent with the character and aesthe- tic development of each specific site, neighborhood and shopping center within which such station is located. 9481 . 7 . RESTROOMS . Where restrooms are entered from the outside of the building, such entrances shall be concealed from view by planters , other decorative screening structures , or any combinati.on. thereof. 9481 . 8 . LANDSCAPING . A minimum of 10 percent of the total site shall be landscaped and permanently irrigated in the following prescribed areas : (a) Six (6 ) foot wide (inside dimension) planters shall be located along the street side property lines except for driveway openings . There shall be not less than three ( 3) fifteen (15) gallon trees located in each planter along the street prop- erty lines . (b ) A three ( 3) foot wide (inside dimension) planter shall be located along the interior property line except for openings to facilitate vehicular circulation to adjacent prop- 3 . erty . Fifteen (15) gallon trees shall be located along the interior property line planter at a forty-five (45) foot average on center . Additional trees or landscaping shall be required to screen service bays from adjacent commercial property, subject to Board of Zoning Adjustments review. (c) A planting area composed of six hundred (600 ) square feet with a minimum dimension of twenty (20) feet shall be lo- cated at the corner of two intersecting streets . (d) Seventy (70) square feet of planting area shall be lo- cated along that portion of the main building fronting on a pub- lic way . (e) All planting areas shall be separated from adjacent asphaltic/concrete paving by a six (6) inch minimum concrete curb . Planting shall be harmonious with the architectural design and site location and shall be maintained at all times in a neat , clean, healthy condition, and shall comply with landscaping stand- ards in effect at the time of application for an administrative review. Plantings shall not exceed a height of three (3) feet , except trees and plantings located next to the main structures and along the interior property line , if compatible with adjacent development , shall exceed three and one-half (32) feet . 9481.9 . TRASH AREAS . Bins for the storage of trash, ref- use and discarded automobile parts shall be provided on site be- hind the required setback. The location of such trash area shall be enclosed by a six (6) foot solid masonry wall equipped with a gate . All such trash areas shall be constructed of materials and in a manner which blends with the architecture and aesthetics of the main structure . 9481 . 10 . LIGHTS . In order to create a pleasing appearance , service station lighting shall be a low profile type . Lighting normally associated with the main building and canopies shall be direct . 9481 . 11 . PARKING . The size , arrangement and access of all parking lots and spaces shall conform to Article 979 of this code . 9481 . 12 . VENDING MACHINES . Vending machines shall be placed within the buildings or screened so as not to be visible from the street . 9481 . 13 . MERCHANDISE DISPLAY . All new and used merchandise 4 . shall be stored or displayed within the permanent structure ex- cept accessory anal. lubrication items offered for customer con- venience and other related items such as oil , wiper blades , etc . which are customarily kept on pump islands , in which case they shall be located in a specially designed enclosed case or adja- cent to the building. Outside display of any other merchandise shall be prohibited. 9481 . 14 . TIRE STORAGE . One (1) tire storage structure may be located on an interior property line behind the setback or adjacent to the main building. Materials and structure shall be similar to and compatible with the service station design. The maximum size of such structure shall be no more than eight (8 ) feet in height nor more than sixteen (16) feet in width . 9481. 15 . SERVICE BAYS . The openings of service bays shall be designed to minimize the visual intrusion onto abutting prop- erties and in no case shall they face the public highway . The building shall have no more than three (3) service bays . 9481. 16 . SEPARATE WALLS . A thirty-two (32) inch high , decorative masonry wall, with openings to facilitate vehicular circulation to adjacent property, shall be constructed along the interior property lines when adjacent to parking areas within commercial shopping centers . Requirements for such wall may be waived by the Board of Zoning Adjustments when the re- quired three (3) foot wide planter is raised to a height of eighteen (18) inches and is separated from adjacent asphaltic/ concrete paving by brick or building material compatible with the architecture of the main structure . Planter shall be landscaped to provide a screening effect . 9481 . 17 . SIGNS . All signs shall conform to the provisions included herein and to portions of Article 976 which relate to service stations . (a) Major Identification Signs . One (1) major identifica- tion sign shall be allowed. Such identification sign shall be located in a landscaped area and shall not exceed a height of ten (10 ) feet . Such sign shall contain only the name or symbol of the business which it identifies and shall not contain change panels . The horizontal dimension of such sign shall not exceed eight (8) feet . The maximum area of such sign shall not exceed forty (40 ) square feet per face . Such sign shall be placed in a planter area the location of which shall be approved by the Board of Zoning Adjustments . (b ) Miscellaneous Signs . Miscellaneous signs for the pur- pose of providing information with respect to credit cards and trading stamps , price signs and signs advertising "mechanic on 5 • duty," etc . shall be placed and maintained as follows : (1) One (1) sign containing any or all of the above may be allowed for each street the service station abuts . (2) The maximum size of each sign shall not exceed twelve (12 ) square feet and the copy board shall not exceed five (5) feet in height with a maximum of three (3) feet in height from ground level, and a maximum of two (2) feet in width . (3) Each such sign may be double faced and internally illuminated or indirectly lighted. (4) Each sign shall be placed in such manner so as not to interfere with traffic . (5) Each permitted miscellaneous sign shall be erected in a landscaped planter. The design, sign copy, and location of any and all proposed sign structures shall accompany the initial administrative review application submitted to the Board of Zoning Adjustments , and no other signs shall be permitted. Temporary signs shall only be permitted in accordance with the requirements of the Sign Code . 9481 .18 . PUMP ISLANDS . Pump islands shall be set back a minimum of fifteen (15 ) feet from the front and/or exterior side property line. 9481 . 19 . CANOPIES. Automobile service station canopies , whether attached or detached, intended for public comfort and convenience , shall not project closer than seven (7) feet to the front or exterior side property lines , provided said cano- pies maintain a minimum ground clearance of twelve (12 ) feet above the center line grade of the adjacent street . Maximum pitch of gable canopies shall not exceed 4 in 12 with a maximum peak rise of four (4) feet . 9481. 20 . SITE CLEARANCE . Vehicles and other obstructions except signs , as permitted in the initial application, may not be parked or located within the triangle formed by measuring thirty- five (35 ) feet along the front and exterior side lot line from the point where the prolongation of such lines intersect'. 9482 . NONCONFORMING SERVICE STATION SITES . Existing service station sites made nonconforming as a result of this article shall be made to conform with the requirements of this 6 . article according to the following schedule: (a) Adjunct uses , vending machines and merchandise dis- plays shall be removed or altered to comply with the provisions of this article within three (3) months after the time this article ,takes effect . (b) Restroom screening, landscaping, trash area, tire storage, separation walls , and miscellaneous signs shall be removed or altered to comply with the provisions of this article not later than two (2) years after this article takes effect . (c) Major identification signs shall be removed or altered to comply with the provisions of this article not later than five ( 5) years after this article takes effect . (d) Design, service bays , pump islands and canopies shall be removed or altered to comply with the provisions of this article not later than ten (10) years after the time this article takes effect . 9482 .1. MODERNIZATION OF NONCONFORMING USE. All proposals to modernize existing service stations shall be subject to approval of an administrative review application by the Board of Zoning Ad- justments . (a) Proposals to modernize nonconforming service station sites in any twelve month period, which proposals exceed 50 per- cent of the value thereof, shall conform to all requirements contained in Section 9482 at the time of such modernization. (b ) Proposals to modernize nonconforming service station sites in any twelve month period, which proposals exceed 25 per- cent but less than 50 percent of the value thereof, shall con- form to the requirements contained in subsections (a) , (b) and (c) of Section 9482 at the time of such modernization. (c) Proposals to modernize nonconforming service station sites in any twelve month period, which proposals are less than 25 percent of the value thereof, shall conform to the require- ments contained in subsections (a) and (b ) of Section 9482 at the time of such modernization. 9482 . 2 . COMPLIANCE REQUIRED . Any service station erected, constructed, altered, or maintained contrary to the provisions of this article, or any idle service station, as defined in Sec- tion 9700. 9 (1) of this code, or any use of such service station contrary to the provisions of this article, or failure to com- ply with any conditions attached to the granting of any dis- trict change pursuant to this article, shall be and the same is hereby declared to be unlawful and a public nuisance. 7 . 9482 . 3 . ABATEMENT OF NUISANCE . The Director of Building and Safety, or his authorized agent , upon discovering the exis- tence of any violation of this article , shall compile lists and descriptions of all service stations found to be in violation of the provisions of this article , and upon completion of the afore- mentioned lists and descriptions , shall cause Notice to Abate to be served by registered mail or in person, on the owner, lessee , and any person to whom such property is assessed in the last equalized assessment roll available on the date of mailing at least thirty (30 ) days before the time set for hearing objections . 9482 . 4 . NOTICE TO ABATE. CONTENTS . The Notice to Abate shall declare that violations of Article 948 , constituting a public nuisance , have been found to exist and must be abated by compliance with the development standards or conditions of ap- proval. Such notice shall specify a time in which to comply or, in the alternative , a time in which the building shall be removed, the site cleaned up, and the underground fuel tanks removed or filled with inert materials . Such notice shall also contain a statement that in the event compliance is not obtained within the time stipulated, such nuisance will be abated by the city , the cost of abatement assessed upon the land from which such nuisance is removed, and will constitute a lien upon such land until paid. In addition, the Notice to Abate shall contain the date , time and place for hearing objections of the property owner or protests of any interested persons by the City Council to such abatement . 9482 . 5 . HEARING AND RESOLUTION . Upon termination of the hearing, by minute action or resolution, the City Council shall allow or overrule any objections . Unless an objection is made which is allowed, the City Council shall direct the Director of Building and Safety to cause the nuisance to be' abated. The decision of the City Council shall be final. 9482 .6 . ENTRY UPON PRIVATE PROPERTY. The Director of Building and Safety , or his authorized agent , may enter upon private property to remove any nuisance , as defined in this article , after order of the City Council. 9482 . 7 . COSTS, ACCOUNT, REPORT, AND HEARING . The Director of Building and Safety shall keep an account of the cost of abate- ment for each service station where work is done by him and shall submit an itemized written report , showing such cost , to the City Council, and a time for hearing shall be set . The parties to be assessed shall receive by mail fifteen (15 ) days prior to the hearing, notice of such hearing, which 8 . notice shall specify the date , time and place of hearing by the City Council of any objections of the property owner liable to be assessed for the .abatement , or protests of any interested persons , a description of the property from which the nuisance was removed, and the amount to be assessed against such property . 9482 . 8 . ACTION BY COUNCIL. At the time fixed for re- ceiving and considering said report , the City Council shall hear any objections of the property owner liable to be assessed, and the protests of any interested person . The City Council may modify the report if it is deemed necessary . The report shall then be confirmed by minute action or resolution of the Council . 9482 .9 . COSTS, SPECIAL ASSESSMENT, LIEN, ADDITION TO TAX BILL. FILING . The cost of removing any service station struc- ture , and the cost of removing or filling underground tanks con- stitute a special assessment against that parcel of land on which such structures and tanks are located. After the assessment is made and confirmed, it shall be a lien on such parcel, and a cer- tified copy of the report required by Section 9842 .7 , shall be given to the county assessor and the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes . 9482 . 10 . ABATEMENT BY OWNER. Prior to the time the Direc- tor of Building and Safety arrives , any property owner may re- move the structures , and remove or fill the underground tanks of any service station at his own expense . 9.482. 11. ADDITIONAL REMEDIES . In addition to other remedies provided by this article, the City Attorney may commence actions or proceedings for the abatement , removal. and enjoinment thereof in the manner provided by law, and shall apply to a court of competent jurisdiction to grant such relief as will abate and re- move such buildings , structures or use , and restrain and enjoin any person, firm or corporation from constructing, erecting, altering, moving, maintaining or using any property contrary to the provisions of this article, or failing to comply with any conditions attached to the granting of any district change pur- suant to this article . 9482 . 15 . SEVERABILITY . If any section, subsection, sen- tence , clause , phrase or portion of this article , or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this article , or any future amend- ments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this 9 • article and each section, subsection, sentence , clause , phrase or portion or any future amendments or additions thereto, irre- spective of the fact that any one or more sections , subsections , clauses , phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional. 9700 . 9 . (1) IDLE SERVICE STATION shall mean any service station which has not been open for business for at least sixty (60 ) , eight (8 ) hour days as a service station, as defined in Section 9700 . 17 (1) of this article , out of any 180 consecutive days . SECTION 3 . All provisions and sections in conflict with this ordinance are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof in violation of the provisions which are repealed hereby. SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations , and not as new enactments. SECTION 5 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of December, 1972 . ` s Mayor ATTEST : APPROVED AS TO FORM: City Cl C Att 10 . Ord. No. 1799 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and- ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th�day of December 19 72 , and was again read to said City Council at a regular meeting thereof held on the 18th day of December , 19 72 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California i 1• OAA C. JONES, C17Y CLERK of the City of Mu"tun"t^n and Go ex-officio Clerk of the City Council ,;�;. ?y ^ertify that this ordinance has been W!•Fh.,r it the Huntington Beach News on ...... ....... In accordance wit ------ ----------------' 19. tie City Charter of said City. UUL C. JONES city CM* ,_;..� Ct