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Home My WebLink About2077 .> . ~-~.:;.. :,. .-'-,11I __} , . t . .J: .J .. ~ I " ORDINANCE NO. 2077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9275 ET SEQ. (CONDITIONAL USES) OF THE ARCADIA MUNICIPAL CODE TO ADD A; NEW DESIGNATION OF "AUTOMOBILE FUELING STATIOl':lS" AND REGULATIONS TO CONDITIONALLY PERMIT CONVENIENCE RETAIL MARTS IN CONJUNCTION WITH GAS STATIONS. WHEREAS, Text Amendment No. 97-003 was initiated by the Chevron Products I Company to propose the conditional approval of a new type of facility to be called an automobile fueling station, and regulations to prescribe those activities that would be allowed and not allowed at such facilities. The most significant aspect of the proposal is that it would expand the ability of gas station operators to engage in the retail sale of convenience products. WHEREAS, a public hearing was held on August 12, 1997, before the Planning Commission of the City of Arcadia, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission recommended approval of the proposed text amendment to the City Council of the City of Arcadia; and WHEREAS, a public hearing was held before the City Council on September 2, 1997, at which tike all interested persons were given full opportunity to be heard and to 1 present evidence; ,and .. . .. . .. - . ~ I . .. . > ... ! < k ~ .,. .. , r . , ' WHEREAS, the City Council detennines that based upon the evidence presented, I the public necessity, convenience, general welfare and good zoning practice, justifY the I proposed text amendment. I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section I. ' That Section 9275.4.7.4 be added to the Arcadia Municipal Code as follows: 4. Automobile Fueling Stations. An automobile fueling station is a facility where I the primary business is the sale of gasoline and other motor fuels. Automobile fueling stations shall have 'a minimum of eight (8) fueling positions available for customer use. I (A fueling position, is the space a vehicle occupies at the pump island while it is being re- fueled.) At an automobile fueling station no activities other than the following shall be conducted: Dispe~sing gasoline, sale of oil and miscellaneous automobile accessories directly to users of,motor vehicles. All other activities are prohibited, including, but not limited to, smog t~sting and certification, towing services, tuning motors, wheel and brake adjustment and other repairs and servicing of motor vehicles, installation of tires, I batteries and autotnobile accessories, upholstering work, auto glass work, painting, I welding, tire recapping, and auto dismantling. In addition, there shall be no storage, sale, ! display or advertisement for sale or lease of motor vehicles, trucks or trailers on the subject site. Self-service' gasoline dispensing shall be pennitted at fueling stations provided -2- Ord. 2077 .. ... . .. . ~I . .. t' . . .. .. . , .. . - . . , . < . . that approved dispensers such as, but not limited to, remote control, token operated and I card-operated types are used. Said use shall comply with requirements of the Fire I Department. There shall be at least one qualified attendant on duty at all times while the station is open to the public for every eight (8) fueling positions or combination thereof. I 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 I are not approved as per the Fire Code, control sources of ignition, to immediately handle I accidental spills and fire extinguishers if needed, and to lend assistance to handicapped persons in the dispensing of gasoline. Exception:' The retail display and sale of beverages, food, and other convenience products shall be pennitted within an automobile fueling station subject to the following regulations: a. The stl!-tion shall have a valid conditional use pennit and shall be III compliance with the conditions of approval of said conditional use permit. b. The station shall be equipped with emergency pump shutoff switches at I locations approved:by the Fire Department. c. Plans shall be submitted to the Development Services Department accurately I delineating all parking, sales areas, storage rooms, landscaping and signage. I d. Sales of merchandise shall be confined within one room of not more than two I thousand (2,000) square feet as measured from the inside finish of the pennanent walls of , the building. In the event that any wall of the sales area is lined with built-in refrigerated I - -3- Ord. 2077 .. .. . .. . . co! f ,if" . ~I . . . ; . ~ .. .. . . .. ~ . . display units with customer access doors built into a wall of the retail sales room, the retail area is to bb measured from the doors of the refrigerated units. Storage of retail I inventory in separate, adjacent areas is permitted. ! e. Unles~ otherwise provided in this Section, all retail sales shall be limited to I those goods and ~ervices commonly available in convenience stores. The display and/or sale of adult publications/materials shall comply with Sections 9279, et seq. of the Arcadia Municip~l Code; also prohibited is the rental or sale of video products. The sale I of beer and wine is pennitted subject to compliance with the other applicable sections of the Arcadia Municipal Code and State laws. f. The heating and preparation of beverages, pre-packaged foods and snacks is , pennitted. g. AdveI1ising pertaining to the convenience mart shall not exceed sixty (60) , square feet. Said sign( s) shall be attached flat against the inside surface of a window or on an exterior wa,ll of a building. In no case shall a sign project above the roofline, have moving parts, flaShing lights or animated lighting. Paper or fabric signs and other signs of similar construction, which include but are not necessarily limited to what is I commonly referred to as banners, paper signs, or posters, shall not be located on the , exterior of any building, and shall not be located outside of any building. The total area ! of all wall signs shall not exceed that with is allowed by Section 9262.4.4. Of the City's Sign Regulation~ Window signs shall comply with Section 9262.4.8 of the Arcadia Municipal Code. I -4- Ord. 2077 . .. .. . . -, . . . .. . y 6 . . '" .. " . ~ .. . . . h. In addition to the fueling positions, parking spaces shall be provided at the t rate of three (3)1 for each one thousand (1,000) square feet of retail sales area (3 I spaces/l,OOO sq. ft.). When a fractional figure is found as a remainder in the I computations maqe to determine the amount of required off-street parking, such fraction shall be construed to be the next largest whole number. i. The automobile fueling station shall be in compliance with the following I regulations for drive-in businesses: 9275.4.5, Parking Requirements; 9275.4.7, Activities Pennitted and Prohibited; 9275.4.10, Lighting; 9275.4.11, Landscaping; 9275.4.15, Deliveries; 9275.4.16, Storage and Displays; and 9275.4.17, Trash Areas. J. Small signs which instruct the customer as to which gasoline pumps are for full and/or self-service, how to pump the gasoline, when payment is to be made, and similar instructiohal signs are pennitted subject to the approval of the Community , Development Administrator. Signs, attached to the gasoline pumps, pump island canopy supports, light I standards, and fr~e-standing price signs, which advertise specific products or services, which include, but are not necessarily limited to, merchandise, promotional items and I gimmicks shall not be pennitted. I k. The aJtomobile fueling station shall make available to the public, air and I water dispensing facilities, and gender specific accessible restrooms." 1 Section 2. I That Section 9275.1.39.3 be added to the Arcadia Municipal Code as follows: -5- Ord. 2077 ~ ... .. .-- .I> !II'- .l . ... . . < .. .. ~ .. . ., -. r ... 't. .;:'" "9275.1.39.3. AUTOMOBILE FUELING STATIONS. C-l or any less restrictive commercial or industrial zone." I Section 3. That 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 the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this 7 th day of October, 1997. , ~ ~d.4"~ Mayor of the City of Arcadia ATTEST: 1) APPROVED AS TO FORM: ~~dt<<J -LL-~ Michael H. Miller1 City Attorney 71 '11'1 -6- Ord. 2077 J. - ".l. . .. -J. I. .. · ... . ... . , . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADL~ ) I I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the ! foregoing Ordinance No. 2077 was passed and adopted by the City Council of the City of I Arcadia, signed by lI}e Mayor and attested to by the City Clerk at a regular meeting of said , Council held on the 7th day of October, 1997 and that said Ordinance was adopted by the following vote, to wit: I A YES: Counciltnember Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None .J) ~ / of Arcadia 7 Ord 2077