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PC 73-34. - ~ ~ RESOLUTION NO. PC 73-34 RESOLUTION OF THE CITY PLANNING COMMISSION OP THE CZTY OF ANAHEIM RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ANAHEIM AMEND- MENTS TO TITLE 18, ZONING, ANAHEIM MUNICIPAL CODE, CHAPTERS 18.08, DEFINITIONS, 18.37, C-R. COMMERCIAL-RECREATION, 18.40~ C-l, GENERAL COMMERCIAL~ 18.44, C-2. GENERAL COMMERCIAL, 18.48,C-3, HEAVY COMMERCIAL~ 18.52, N-1 LIGHT INDUSTRIAL, ZONES~ AND THE ESTABLISHMENT OF A NEW CHAPTER, 18.61, CRITERIA AND DEVELOPMENT STANDARDS FOR SERVICE STATIONS~ THERETO WHEREAS, there has been increasing concern of the City of Anaheim as to the number of service stations in the City of Anaheim having reached a quantity far in excess of the requirements of the community, resul*_ing in a substantial number of vacant service stations; and WHEREAS, the Anaheim City Planning Commis~ion directed the Development Services Department to prepare a report and study to determine whether ser- vice stations should be established only by conditional use permit, estab- lishing site development standards and methods of requiring the removal of automobile service stations which have remained vacarit; and WHEREAS, the City Planning Commission on January 22, 1973 set for publin hearing on February 5, 1973, consideration of amendments to Title 18, Zoning of the Anaheim Municipal Code; and WHEREAS, t•he City Planning Commission did hold public hearinys in the City Aall in the City of Anaheim on February 5 and 21, 1973 at 2:00 o'clock P.M. notice of said public hearings having been duly given as required by law and in accordance.with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed areendments, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission aft•er due inspection, investigation, and study made by itself and in its behalf, aad after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That a Conditional Usc Permit for all new and remodeled automobile service stations and thoae vacant for more than 90 days should be a requirement in the C-R, C-1, C-2. C-3, and M-1 Zone~. 2. That existing site development standards for automobile service stations should be updated and established as a new section of the Zoning Code as presented, except that Section 18.61.021 - RFi~~ry Uses -.07 shall have deleted any reference to "trucks" ~nd that it be more clearly defined as to what may be permitted. 3. Tt.zt A!.ternative ZI regarding removal of vacant service stations ~h4c'1bd'ba established as Section 18.61.050, requiring written a.~r~@1e~.~t i.r the approval of a Conditional Use Permit that service ~ta~i0a~ h~ removed in the event the station is closed for a period p;~ six months, subject to approval of the City Attorney, and subject gal~ agreement being recordefl with the Orange County Recorder prior to, iesuance of the building permit. ~~ companyPwerenpresent to present specifiedaobjectionseanderecom- mendations. NOW, THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission 3oes hereby adopt and recommend to the City Council of the City of Anaheim the adoption of amendments tc. Title 18, Zoning of the Anaheim Municipal Code as follows: . • e "Chapter 18.08 - DEFINITIONS "Section 18.08.330- Automobile Service Station - A retail place of business engaged primarily in the sale of motor fuels and inciden- tally supplying goods and services required for the operation and maintenance of automobile vehicles and in fulfilling the needs of motorists. "Section 18.08.820 - Truck Service Station - A place of business designe3 and used primarily for the dispensing of fuel or service to trucks and otlier motor vehicles having a capacity of more than one and one-half tons. Truck service stations are usually charac- terized by the solicitation of the trucking trade, the advertising and sale of diesel fuel or propane, and the layout of structures to accommodate large vehicles." "Chapter 18.37 - C-R COMMERCZAL RECREATION ZONE "Delete Section 18.37.020 A. 7. ~ahich lists service stations as a permitted use. "Amend Section 18.37.020 - Permitted Uses - to read as follows: "Subject ~o the provisions of this zone, the following uses, either singly or in combination, are permitted in this zone. All uses except.service stations, and as otherwise noted herein shall be conducted wholly within a building. Uses shall not be objectionable by reason of noise, o3or, dust, smoke, vibrations or other similar causes. No structure designed or intended for residential use may be used for commercial purp~ses within this zone. "Add to Section 18.37.020 C. "15. Automobile service station, subject to the requirements of Chapter 18.61." "Chapter 18.40 - C-1. GENERAL COMMERCIAL, ZONE "Delete Section 18.40.020 (b) 3 Automobile Service Station etc. "Amend Section 18.40.060 (c) to read as follows: "Automobile service station, subject to the requirements of Chapter 18.61." "Chapter 18.44 - C-Z, GENERAL COMMERCIAL, ZONE "Add to Section 18.44.010 B Conditional Uses -"(3) Automobile service station, subject to the requirements ~f Chapter 18.61." Chapter 18.4fS - C-3, HEAVY COMMERCIAi~, ZONE "Add to Section 18.4Ei•O10 S- Conditional Uses -(3) Automobile service station, subject to the requirements of Chapter 18.61." "Chapter 18.52 - M-1, LIGHT INDUSTRIAL, ZONE "Amend Section 18.52.0'20(43) as follows - Service station, truck" "Add a new subaection to Section 18.52.050(1) Conditional Uses - (i) Automobile service station, subject to the requirements of Chapter 18.61." SE IT FURTHER RESOLVED that a new chapter be established to be known as Chapter 18.61 - Criteria and Development Standards for Service Stations attached hereto and referred to as Exhibit "A". THE FOREGOING RGSOLUTION is signed a af N,arch, 1973. ~ /f ItesJlution No. PC73-39 approved by me this lst day . .. . ~ ~ ATTEST: SECRET~ ~M C" ` PLANNING COMMISSION STATE -OF CALIFORIQIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City 2lanning Commission of the City of Anaheim,. do hereby certify that the foY:egoing resolution was passed and adopted at a meeting of the City Planning Commissionthe Eollowina~voteaofim held on I'ebruary 21, 1973, at 2:00 o clock P.M., by the members. thereofs AYES: COMMISSIONERS: A11red, Parano, Gauer. Herbst, Kaywood, Rowlan6, Seymour. NOES: COMMISSION~RS: None. ABSENT: ~OMMISSIONERS: None. IN WITNESS WHEREOF, I have hereunto set my hand this lst day of March, i973. SECRET~HEI/~PLAlQNI>dG COMMISSION Resolution No. PC73-34 '3- _ • r - ~ ~ i.r.u r.tsr~r ,~~~~ 16.61 - CRITERIA AND DEVELOPMENT STANUARDS FOR SERUICF ST~TIONS 18.61.010 - DESCRIPTION - PURPOSE, The purpose of this chapter is Co recognize service stations as a special class of lanG use distinguished from other commercial uses by its unigue characteristics related to the location and physical appearance, specialized structures, :ite, design, the nature and hours of operation, and the noise and traffic considera- tions. It is the further purpose of this chapter to preserve locally recognized values in canmunity appearance; to safeguard and enhance property values in residential, commercial and industrial areas, and to reduce potential problems to motorists and pedestrians travelling on the public way. The foilowing standards are established for service stacions to ensure that such uses shail be compatible with other uses permitted in the same zones or dis•tricts and to protect the public health, safety and welfare. These standards shall apply notwithstanding the reGuirements of the district wherein the station is located,except where the station is in the SC or C-H Zone the standards of such zone shall apply'. 18.61.020 - PERMITTED BUILDINGS, SiRUCTURES AND USES. Buildings are limited to service stations and their accessory structures. Allov~- able uses inciude and are limited to suppiying goods and services generally required in the oNeration and maintenance of motor vehicles and in the fulfilling of tlie motarists needs as follows: 18.61.021 - PRIMARY USES .Ot Sale of fuel ar.d lubricants 18.61.022 - ACCESSORY USES. Allowable accessory uses include and are limited to the following: .O1 Sale of tires, batteries and accessories 02 Mounting and dismounting tires ,03 Oil changing and lubrication .04 Mechanical and/or manual car washing and polishing, provided such uses are performed within the building and not more,than onP service bay is used .OS Servicing of such items as fuel pumps, U-joints, ball joints, shock absorbers, mufflers, exhaust pipes, carburetors, generators, starters, ignition systems, regulators, air conditioners, radiators, brakes, water pumps and radios. .06 1lending machines for dispensing of such items as ice. soft drinks and snacks. .07 Rental and storage of utility t:railers. Utility trailers may be stored on-site provided: 1) Not more than ten trailers are nE~mitled; 2) The overall dimensions of any such trailers do not exceed 10 Feet in height and 22 feet ir~ length; 3) The trailers are not stored wi'tF:in required building setbacks adjacerct to street frontages nor encroach into required setbacks. further, in instances where the service station site is within 75 feet of the boundary of any residential zone or mobilehome park, storage shall be limited to not more than five trailers. ., ' ~ ~ .08 The removal, overhauling, and replacement of engines, trans- missions, and differentials for yehicles of 1 1/? tons or less rated capacity provided that such repair activity shall be conducted within the service station building, and shall only constitute an incidental part of tfie service station operation. .09 Outdoor storage and/or display. All uses, storage, and/or display nf new or used merchandise shall be conducted wholly within the service station building, excepting the following uses which may be conducted outside: ,0°1 The sale of ~ruel and lubricants and their storage and/or dispaay in racks or cabinets especially designed for su~h purpose. .09~ Storage and display of new tires only in not more than two racks or cabinets clesigned for such purpose which shall not exceed six feet in length and six feet in height. If tire racks or cabinets are located within thirty feet of the property line abutting a street they shall not exceed four feeE in height. .093 Storage of rental trailers. .094 Performance of minor emergency repairs, and the servic- ing and/or replacement of accessory items such as batteries, hoses, fan belts, lights, windshield wipers, and attachmen~ or detachment of trailers, provided however that no discarded automotive parts, junked, wrecked, or permanently disabled vehicles shall be stored outdoors except within an enclosed trash area. 18.61.023 - EXCLUDED USES. Other uses, including but not limited to spray painting, body and fender r•epair, tire recapping, and thc sale or rental of inerchandise or equipment other than specified a5ove -.~f ~o"c permitted. 18.61.024 - PERFORMANCE STANDARDS. A1! permitted uses sh~t :,c~;,iain- tained in such a manner that they are nei*ter obnexious nc: ar'feu:ive by reason of emission of odor, dust, gas, smoke, fumes, noia-:, vibraYion, electronagnetic disturbance or other similar causes detri- mental to the public health, safety or general welfare. If ambiguity arises concerning the classification of a particular use within the meaning and intent of this ordinance, it shall be the duty of the Planning Commission to ascertain all pertinent facts con- cerning such use and determine if such proposed use is consistent with the intent of the General Plan and zoning ordinances of the City. If the Planning Commission finds such proposed use to be consistent with' the intent of said General Plan and zuning regulations, such use shall be incorporated or included thzrein. If the Planning Comnission disapproves said use; the app~icant may appeal in writing to the City Council whose decision will be final. ~ ~ ~$,61,030 - SITE DEVELOPMENT STANDARDS .Ol Service stations shall b~ located on sites which are of adequate size to accommodate their interded use without congestion. ,02 Minimum distance between service stations. Any new or re- modelled service station shall not be located within 500 feet di.stance of any other service station on the same side of any arterial highway. Provided this restriction shall not apply to additions or remodelling totalling less than 50% of the fair market value of said service station at the time or remodelling. ,03 A11 driveways shall conform to standards for cortmercial drive- way approaches. .04 All signs shail conform to the specific requirements of Chapter 18.62, 18.39, or 18.59 as appropriate. .OS •The service station building shall observe minimum setbacks established by the zone in which located. .06 Al1 lighting shall be directed duwnward and away from adjacent properties. • .07 Trash storage areas shall be provided in conformance with city standards on file with the O~rector of Public Works. Further, trash storage areas in service statians constructed after the effec- tive date of this ordinance shali be located contiguous to the building and shall be fire protected to the satisfaction of the fire Marshall. .08 Landscaped planting areas. Excepting in ti;e C-H and SC Zones where t.he standards of such zone(s) shall apply, minimum landscaping requirements for all other zones shall comply with the following: .081 Adjacent to street frontages. Planting areas, with a minimum inside dimension of at least three feet in width shall be pro- vide~ along all street frontages except at driveway openings. All such areas shall be planted with living plant materials and shail be main- tained with permanent irrigation facilities. Planting areas shall be protected by a minimum six inch high concrete curb or a raised planter. Further, planting areas at the corner shall have an inside radius no greater than the proaerty line radius. .082 Adjacent to interior boundary lines: broad headed trees of a minimiam size of 15 gailons shall be provided in 4~x4' tree wells on a maximum of 7.0 foot centers along any interior site boundary lines. Such trees shall be protected by a minimum 6 inch high concrete curb and shall be maintained with permanent irr•igation facilit~es. .09 Walls. Where an interior site boundary line abuts a residential zane, a six foot masonry wall shall be provided, Said wall shali be measured from the highest finished grade level of the subject property or adjacent properties, whichever is the highest. Said wall shall be reduced to thirty inches in height within any setback areas for a distance equal to the setback requirement of the adjoining property as measured from the adjacent street right-of-way. ~ ~ 18.61.040 - CHANGE OF USE. In view of the single purpose nature of a building or structure originally designe~i or intended for a service station use, any proposed change of such a building to another use shall be subjecY to the approval of a Conditional Use Permit. 18.61,050 - REMOVAL OF VACANT SERUICE STATIONS. As a condition of the granting of a conditional use permit for an automobile service station, the property owner shall agree in writing, in a form satis- factory to the City Attorney, to remove all structures and fill with slurry or remove the underground tanks in the event the station is closed for a period of six months. Said agreement to be completed prior to Planning Commission action granting the conditional use per- mit, and shall be rccorded with the Orange County Recorder prior to issuance of the bullding permit. 18.61.060 - VIOLATIONS - PENALTIES. Any violation or failure to comply_with the provisions of this section shall render a person guilty of a misdemeanor and such person shall be subject to the penalties set forth in the provisions of Section 1.01.370 of the Anaheim Municipal Code.