HomeMy WebLinkAboutAgenda Statement 1986/08/12 Item 15 COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 8/12/86
ITEM TITLE: Public Hearing: PCA-86-11 ; Consideration of an amendment to
Title 19 of the Municipal Code to modify the definition of
automobile service station
Ordinance 211°2- Amending the definition of automobile
service station
SUBMITTED BY: Director of Planning (-
REVIEWED BY: City Managers (4/5ths Vote: Yes No X )
Recent litigation between the City and a local tire dealer resulted in a
ruling that uses other than the traditional gas station can technically fall
within the City' s definition of "automobile service station". This ruling
would allow other businesses to avail themselves of special provisions
regarding outside sales and displays that were formulated especially for gas
stations. The proposed amendment is intended to correct this situation.
An Initial Study, IS-86-54, of possible adverse environmental impacts of the
project was conducted, and the Environmental Review Coordinator concluded that
there would be no significant environmental effects and recommended that the
Negative Declaration be adopted.
RECOMMENDATION: That Council concur with the recommendation of the Planning
Commission.
BOARDS/COMMISSIONS RECOMMENDATION: On July 9, 1986, the Planning
Commission, by a vote of 6-0 with one absent, and in accordance with
Resolution PCA-86-11 , found that the project would have no significant
environmental impacts and adopted the Negative Declaration issued on IS-86-54,
which is herewith forwarded for Council review and adoption, and recommended
that the City Council enact an ordinance amending Title 19 of the Municipal
Code as shown in Exhibit A of this report.
DISCUSSION:
An automobile service station is presently defined as ". . . a place where
gasoline, or any other motor fuel or lubricating oil , or grease for operating
motor vehicles is offered for saTi to the public an& deliveries are made
directly into motor vehicles. . ." (emphasis added). This language and the use
of the conjunctive "or" has been interpreted by the court to mean that a use
not involved in dispensing gas but simply providing oil changes or
lubrications can nonetheless qualify as an automobile service station under
the City' s definition.
Page 2, Item 15
Meeting Date 8/12/86
The court's interpretation becomes significant when coupled with the provision
of the Code (Section 19.58.280F) which allows service stations to display and
sell merchandise out-of-doors provided the display is located under a canopy.
This is a much less restrictive standard than is applied to other uses, and
was adopted in order to accommodate the typical storage and display of small
automotive service items such as oil and engine additives which occurs on and
around the pump islands and convenient to the outside customer service lanes
of a gas station.
The provision was not designed, on the other hand, to allow outside sales and
displays for uses such as auto repair shops and tire dealers which do not have
exterior customer service areas and that are required by Code to conduct their
business wholly within an enclosed building. Under the courts ruling,
however, if these uses also offer oil changes or lubrications, they qualify as
a service station and can establish outside sales and displays as long as the
area is covered by a canopy. This could result in merchandise displays along
the frontage of buildings or even under freestanding canopies separate from
the main structure.
The proposed amendment would correct the situation by modifying the definition
of automobile service station to require gas dispensing as an essential
function, with certain defined accessory uses as optional . The amendment
would further control outdoor sales, displays and storage by limiting such
activity to operations where gas dispensing is a primary use. Establishments
where fuel sales are clearly subordinate to a principal use (i .e. , a
convenience market with one pump island) could not avail themselves of the
"outdoor" provisions available to the larger operations. This would also
address the eventuality of a business adding an incidental gas pump solely in
order to qualify for outside displays.
FISCAL IMPACT: Not applicable.
WPC 2992P
by the City (77'1 czit of by the City C' niil of
Chula Vista, Chula Vista, California
Dated .(44A- 4/ / 9r6 Dated _,' t 6'
Exhibit A
Chapter 19.04 DEFINITIONS
19.04.024 Automobile service station.
"Automobile service station" means an establishment A//3%4q
y¢ {0¢//g10VVr/eii ,,h//AAI/~ enga ed in the sale of motor fuel
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iff4VW/Odd// JIA//W/tii0//VVVYWI add/kWvtAY //Akk//0440 throw h
dispensing devices directly into motor vehicles. f1vfd//0 In
addition, other services AtO may be performed t0//fA41440 sucei
as tube and tire repair, battery charging, storage of merchandise to
be sold on the premises as permitted herein, lubricating of
automobiles, and automobile washing, not including mechanical wash,
and minor repairs 40/4046t 1$04/10,S, (see Definition Section) .
(Ord. 1212 § 1 (part) , 1969: prior code § 33.1401 (part). )
Chapter 19.58 USES
19.58.280 Service Stations
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ftitO/A0AVV/A+k Aki(kA4/104/A r Y/kkkhAtkk/WO//pWe'r/Wnha'e'd'/W/1,10X440
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f►iel if htil/t00Al t A//US l/I A0000AJOI AM 01101A6601101/0hflAltihrii i
it `t!iloirill M41..AR N/llMVAXI//00 are 00ti& UU4A subject to the
following requirements and conditions:
A. They are clearly required by public convenience;
B. They will not cause traffic hazards or undue congestion;
C. They should be located only on property abutting the
intersection of major or collector streets or combination
thereof, or within shopping centers as part of an approved site
plan, except that they shall be limited to the periphery of the
central business area. They may be located on an interior lot
if they do not disrupt the continuity of retail store frontage
for pedestrians;
D. They will not be a nuisance to residences or other surrounding
uses;
E. The site shall be landscaped in accordance with the landscape
manual of the city except that a six-foot minimum planter area
in front of the pump islands and not closer than three feet to
any driveway shall be required. The pump islands shall be
located no closer than twelve feet from the planter;
F 1. Architectural approval subject to the conditions of Sections
19.14.420 through 10.14.480 shall be obtained;
Note: Where a service station is a secondary land use, i .e. , accessory to
another principal use and consisting of no more than a single pump
island with no more than three fuel pumps, the following provisions
shall not apply:
G Fr. Outside sales and display may be allowed in #h'a1N//$0
tO iii%¢vf///t/95 an area beneath a canopy`///e5tdeWdt when
specifically approved as part of an approved site plan.
Structures used to display merchandise shall be designed to be
architecturally compatible with the main building. In no case
shall a display area interfere with vehicular circulation or
obscure required landscaped area. Accessory uses may also be
stored outside subject to the conditions herein;
H 0. Accessory outdoor uses other than parking and service lanes may
also be allowed but shall not occupy more than ten percent of
the area of the site. Such accessory uses may include rental ,
utility or travel trailers, but not more than six such trailers
shall be permitted on the lot at any one time and shall be
screened from the street or highway. Under no circumstances
shall any use be located in such a way that would interfere with
normal traffic flow onto, within or from the site, or which
creates dangerous impediments to traffic visibility. Only those
areas shown on the approved site plan will be allowed for
parking or storage;
I. All items offered for sale on the site shall be items normally
incidental to service station business except accessory uses as
provided herein.
(Ord. 1436 § 2, 1973; Ord. 1356 § 1 (part) , 1971 : Ord. 1212 § 1
(part) , 1969: prior code § 33.901 (8) (28). )
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