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HomeMy WebLinkAbout1807 ORDINANCE NO. 1807 AN ORDINANCE OF THE CITY OF ARCADIA APPROVING TEXT AMENDMENT 84-7 AMENDING SECTIONS 9275.4.7.2, 9275.4.7.3, AND DELETING SECTION 9275.4.18 OF THE ARCADIA MUNICIPAL CODE TO ALLOW CONVENIENCE FOOD SALES IN CONJUNCTION WITH THE SALE OF GASOLINE WHEREAS, a Text Amendment was intitiated by D. E. Wilson on behalf of Atlantic Richfield Company for the considerstion of amending Sections 9275.4.7.2, 9275.4.7.3, and 9275.4.18 of the Arcadia Municipal Code to allow convenience food sales in conJunction with the sale of gasoline, and WHEREAS, a public hearing was held on December 11, 1984 before the Planning Commission at which time all interested persons were given full opportunity to be heard, and to present evidence, and WHEREAS, the City Council conducted a public hearing concerning this proposal on January 22, 1985 and continued said public hearing to February 5, 1985 and approved the amendment, and WHEREAS, automobile service stations and automobile self- service stations are for the sale of gasoline and automobile related services which are totally inconsistent with the sale of alcoholic beverages on the same premises, and WHEREAS, the dispensation'of alcoholic beverages at automobile service stations and sutomobile self-service stations is contrary to the health, safety, and welfare of the community, and WHEREAS, the sale of publications such as books, magazines and periodicals is totally inconsistent with the use of an automobile service station and automobile self-service station and contributes to staying and congregating on the property in a msnner inconsistent with such use thereby enhancing parking problems, impeding traffic flow, and other related problems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 9275.4.7.2 be amended to read as follows: 1 --- 1807 "9275.4.7.2. AUTOMOBILE SERVICE STATIONS. At an automobile service station no activities other than the following shall be conducted: dispensing gasoline. oil, grease, tires, batteries and automobile accessories directly to users of motor vehicles: tuning motors, wheel and brake adJustment and other minor repairs and servicing of motor vehicles only to the extent of installation of tires, batteries and automobile accessories directly to users of motor vehicles: conducting a commercial towing service by the operator of such service station, provided that wrecked or damaged vehicles shall not be towed to, or stored upon. such service station property. All other activities are prohibited inCluding, but not limited to. upholstering work. auto glass work. painting, welding. tire recapping, and auto dismantling. There shall be no storage, sale. display or advertisement for sale or lease of motor vehicles. trucks or trailers on the subJect site. There shall be no distribution or sale on the subJect site of food, carbonated drinks and cigarettes except from !dispensers within a building. or other items not incidental to the operation of motor vehicles. Exception: The retail display and sale of beverages. :food. dairy and tobacco products shall be permitted within an automobile service station SUbJect to the following regulations: 1. The automobile service station shall have a valid conditional use permit and shall be in compliance with the ,conditions of approval of said conditional use permit. 2. The automobile service station shall ~e equipped with ~ pum~ emerqency shut off aw~tch located at the cBshler'3 station. 3. Plans shall be submitted to the Planning Department accurately delineating all parking, sales areas. storage rooms and 8i9nage. 4. Sales and storage of merchandise shall be confined within one room of not more than 210 square feet as measured ,from the inside finish of the permanent walls of the existing building. I 5. Unle5$~ otherwise provided in this Section, all retail sales shall be limited to beverages. food. dairy and tobacco products that are bottled, canned, packaged or sealed. Th~d~~play. sale or storage of books, periodicals. 2 1807 msgazines, health and beauty aids, household soaps and cleansers, and alcoholic beverages is prohibited. 6. No food, snsck or beverage shall be prepared, cooked, heated or warmed on the premises. The room used to display, sell or store the merchandise shall not contain any cooking facilities i.e. stove, oven, microwave or heating utensil. 7. The conversion of any service bay or garage area to accommodate the retail display, sale or storage shall be prohibited. 8. Advertising pertaining to the retail sales shall not exceed twenty (20) square feet. Said sign(s) shall be attached flat against a window or a wall of the building. In no case shall a sign proJect above the roof line, have moving parts, flashing lights or animated lighting. 9. One additional parking space shall be provided in compliance with the commercial standards (found in Sections 9269.7.1, 9269.8.1, 9269.9.1, 9269.11, 9269.12). 10. The automobile service station shall be in compliance with the following regulations for drive-in businesses: 9275.4.5 Parking, 9275.4.7 Activities permitted and . prohibited, 9275.4.10 Lighting, 9275.4.15 Deliveries, 9275.4.16 Storage and displays, and 9275.4.17 Trash areas." Section 2: as follows: That Section 9275.4.7.3 be amended to read "9275.4.7.3. AUTOMOBILE SELF-SERVICE STATIONS. Self-service gasoline dispensing shall be permitted provided that approved dispensing such as, but not limited to, remote control, token-operated and card-operated types are used. Said use shall comply with requirements of the Fire Department. There shall be at least one qualified attendant on duty at all times while the station is open to the public, for each 16 single dinspensing units or combination thereof. It shall be the responsibility of the attendant to supervise, observe and control the dispensing of gasoline, to prevent the dispensing of gasoline into portable containers that are not approved as per Section 15.703(d) of the Fire Code, control sources of ignition, to immediately handle accidental spills and fire extinguishers if needed and to lend assistance to handicapped persons in the dispensing of gasoline. 3 1807 At an automobile self-service station no activities other than the following shall be conducted: dispensing gasoline, oil, grease, tires, batteries and automobile accessories directly to users of motor vehicles: tuning motors, wheel and brake adJustment and other minor repairs and servicing of motor vehicles only to the extent of installation of tires. batteries and automobile accessories directly to users of motor vehicles; conducting a commercial towing service by the operator of such self-service station, provided that wrecked or damaged vehicles shall not be towed to. or stored upon. such self-service station property. All other activities are prohibited including, but not limited to, upholstering work. auto glass work. painting, welding, tire recapping, and auto dismantling. There shall be no storage. sale, display or advertisement for sale or lease of motor vehicles. trucKs or trailers on the subJect site. There shall be no distribution or sale on the SUbJect site of food. carbonated drinks and cigarettes except from dispensers within a building. or other items not incidental to the operation of motor vehicles. Exception: The retail display and sale of beverages, 'food, dairy and tobacco products shall be permitted within an automobile self-service station subJect to the following regulations: 1. The automobile self-service station shall have a valid conditional use permit and shall be in compliance with ,the conditions of approval of said conditional use permit. 2. The automobile seli-service s~at~on shall be equ100ea w~th a pump emergenc'l snu~ o~i sw~~ch loc3ted ~he cashier~s stat1on. QL 3. Plans shall be submitted to the Planning Department accurately delineating all parking, sales areas, storage rooms and signage. 4. Sales and storage of merchandise shall be confined within one room of not more than 210 square feet as measured from the inside finish of the permanent walls of the existing building. 5. Unlesss otherwise provided in this Section, all retail sales shall be limited to beverages. food, dairy and tobacco products that are bottled. canned, packaged or sealed. Th~ d~~play. sale or storage of books. periodicals. 4 1807 magazines, health and beauty aids, household soaps and cleansers, and alcoholic beverages is prohibited. G. No food, snack or beverage shall be prepared, cooked, heated or warmed on the premises. The room used to display, sell or store the merchandise shall not contain any cooking facilities i.e. stove, oven, microwave or heating utensil. 7. The conversion of any service bay or garage area to accommodate the retail display, sale or storage shall be prohibited. 8. Advertising pertaining to the retail sales shall not exceed twenty (20) square feet. Said sign(s) shall be attached flat agsinst s window or a wall of the building. In no case shall a sign proJect above the roof line, have moving parts, flashing lights or animated lighting. 9. One additional parking space shall be provided in compliance with the commercial standards (found in Sections 9269.7.1, 9269.8.1, 9269.9.1, 9269.11, 9269.12). 10. The automobile self-service station shall be incompliance with the following regulations for drive-in businesses: 9275.4.5 Parking, 9275.4.7 Activities permitted and prohibited, 9275.4.10 Lighting, 9275.4.15 Deliveries, 9275.4.16 Storage and displsys, and 9275.4.17 Trash areas. II Section 3. That Section 9275.4.18 shall be deleted. Section 4. The City Council finds that the public necessity, convenience and general welfare Justify the above ordinance. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days'after its adoption. Passed, approved and adopted this 5th day of March 1985. ~!-,JJ~~~_ Mayor/of the City of Arcadia Pro Tern 5 1807 ATTEST: ~-~~--------------- City Clerk of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1807 was passed and sdopted by the City Council of the City of Arcadia, signed by the Mayor/Kn8 ~~ested to by the City Clerk at a regular meeting of said Council held on the 5th day of March , 1985, and that said Ordinance was adopted by the following vote, to-wit: AYES: Coune; lmen Gi lb, Lojeski, Pellegrino and Young NOES: None ABSENT: Coune i 1 man Hannah ,~ (7 . ~)~- City Clerk of the City of Arcadia 6 ,-~.1 , / / 1807