Chapter 18.33
GENERAL PROVISIONS--SERVICE STATIONS
Sections:
18.33.06 Definition of Service Station.
18.33.08 Service Station property Development Standards.
18.33.10 Amortization of Vacant Service Stations.
18.33.02 Intent and Purpose.
These regulations are intended to provide uniform Criteria and Standards for service stations, which because of the outdoor nature of their primary activity and the numerous points of ingress and egress to their sites, are considered unique uses subject to special provisions.
18.33.04 Applicability.
The property development standards for service stations, as provided in this chapter, shall govern service station uses within any zone of the City wherein such a use is permitted; and shall be additional to and supplement those property development standards in the zone in which said use is permitted, and any conditions for such use as imposed by a permit therefor. If there is any conflict between the provisions of this chapter and any property development standards for service station uses in a particular zone, the more restrictive provisions shall apply.
18.33.06 Definition of Service Station.
“Service Station” is defined as any business engaged in the sale of motor fuel through dispensing devices whether or not such fuel is the primary item of sale. (Ord. 460 Sec. 1, 1981)
18.33.07 Accessory Uses.
(1) Vehicle lubrication, motor tuning, washing vehicles, waxing and polishing, sales and service of tires, tubes, batteries and other automobile accessories and those uses enumerated in Subsection 18.33.08(12).
(2) Vending machines dispensing soft drinks, cigarettes, ice, and similar commodities normally associated with service station use, may be permitted as accessory uses at a service station when located within the enclosed part of the main structure.
(3) Restaurants and convenience food markets or other similar uses may be permitted if the Planning Commission finds that:
(a) The activity is integrated with the service station operation and both activities are compatible with the other;
(b) The accessory use in combination with the service station operation, will not cause hazards on, or congestion to, adjacent City streets or surrounding traffic patterns;
(c) The accessory use shall not cause the customer’s vehicle to remain at dispensing pumps beyond the time necessary for the dispensing of fuels; and
(d) The additional required parking for the accessory use can be adequately designed so as to maintain clear aisleways and not interfere with the dispensing of fuel. (Amended by Ord. 500 Sec. 1, 1983)
(4) Service Station activities shall not include tire recapping, sale or rebuilding of engines, battery manufacture or rebuilding, radiator repair, steam clean, body repairs, painting, upholstery, or other similar actions or activities not specifically permitted in this section. (Ord. 460 Sec. 2, 1981)
18.33.08 Service Station property Development Standards.
(1) Location of Service Stations: No more than two service stations shall be located at the intersection of Hamner Avenue or said Avenue as subsequently named, and major or collector street as defined and designated in the Norco Streets and Highways Map of the General Plan Circulation Element, and any amendments thereto; provided, however, no service station, except as provided above, shall be located on Hamner Avenue or said Avenue as subsequently named, within 1,500 feet of any other service station, said distance to be measured from the closest point on the nearest property line of the proposed location of a service station by a straight line to the nearest point on the nearest property line of the location of an existing service station. Except as provided hereinabove, no more than one service station shall be located at the intersections of the following type streets: Major and collector; collector and collector; major and major; as such type streets are defined and described in Norco’s Street and Highway Map of the General Plan, Circulation Element provided, however, that any such service station shall be at least 2,000 feet distant from an existing station, said distance to be measured from the closest line on the nearest property line of a proposed location of a service station by a straight line to a proposed location of a service station. Service stations shall not be located on any intersection where a local street, as defined in said City’s adopted General Plan, intersects. The terms “intersection” and “street” shall have the same meaning as stated in Section 365 and 590 of the California Vehicle Code. No service station shall be located in a site that is not at an intersection. Exceptions to above: A service station may be permitted at any other properly zoned site provided that at least one of the following apply:
(a) The lot has frontage on a major or collector street and is between a freeway on or off-ramp and the next street that intersects with the major or collector street; or
(b) The site is part of a comprehensively planned commercial center of over five acres in area; or
(c) A service station that contains mechanical automobile washing equipment may be permitted on any properly zoned site provided the conditions of compatibility are found as required for Section 18.45.14 of this Ordinance. (Ord. 836, Sec. 19, 2005)
(2) Service Station Site Area: No service station shall be located on a lot less than 22,500 square feet in area.
(3) Artificial Surfacing: The entire surface of the lot on which a service station is located shall be covered by paving in accordance with Site Plan Approval therefor, except for that portion used for landscaping.
(4) Landscaping: Notwithstanding anything to the contrary stated in Title 18 of the Municipal Code of the City, all property developed with a building or structure shall have landscaping in an amount equal to no less than five percent (5%) of the total area of the property having land improvements thereon and at least twenty-five percent (25%) of such required landscaping shall be located in that portion of the property being used for off-street parking. In addition to said amount of landscaping there shall be additional landscaping installed to a depth not less than five feet (5’) immediately adjacent to and along the extension of those lot lines of the property, including front and side yards which abut streets, including the sidewalk portion thereof, provided, however, that portion of the area, required for landscaping, which constitutes an access way from the property to the street need not be landscaped.
Any portion of and all of said required landscaped area shall be separated from any portion of the property which is used for parking or movement of vehicles by a wall or curb not less than six inches (6") higher in elevation than the adjacent area being used for vehicular parking or movement.
Any landscaping installed immediately adjacent to a lot line, which abuts a street, shall not exceed three feet (3’) in height at any point within twenty feet (20’) of the intersection of a vehicular driveway and a street or sidewalk or the intersection of two or more vehicular driveways or streets. A permanent irrigation system shall be installed and maintained in an operable condition at all times for irrigation of all such required landscaped areas, and said landscaped areas shall at all times be maintained in a clean, neat and healthy condition, which maintenance shall include but not be limited to pruning, weeding, fertilizing, mowing of lawns, removal of litter, regular watering and replacement of landscaping when it has become incurably unhealthy or has died.
No building permit or occupancy permit shall be issued for any building or structure until landscaping plans for the property on which a building or structure is proposed has been submitted for review and approval by the City’s Planning Department and/or Planning Commission pursuant to Site Plan approval. Such plans shall include, but not be limited to showing the following data and information on drawings and plans:
(a) The size and dimension of all landscaped areas;
(b) The type and location of irrigation system to be installed and maintained;
(c) The type of proposed plant material for each area to be landscaped;
(d) Manner of constructing planter curbs, including location thereof, height, width and type of materials therefor. (Amended by Ord. 311 Sec. 1 (part), 1974)
(5) Parking: Each service station site shall have no less than three spaces available and marked for parking of automobiles, excluding these automobiles being serviced at said station and those vehicles available for rental pursuant to Subsection (14) thereof. In addition to the above required spaces, uses permitted as accessory uses per Section 18.22.07(3) shall meet parking requirements of Chapter 18.38--Off Street Parking and Loading. (Amended by Ord. 500 Sec. 2, 1983)
(6) Underground Utilities: All utilities to be installed on a service station site shall be underground. Underground wiring shall extend to all lighting standards on the site.
(7) Walls: If a service station site abuts property in the OS, LD, or any “A” or “R” zone on any side, or is divided from such property by an alley, a solid wall six (6) feet in height shall be erected on all interior property lines of said service station site; provided, however, said wall shall not exceed three (3) feet in height if it is located within a required yard or corner cutoff area. There shall be established around all landscaped areas a planter wall not less than six (6) inches and not more than twenty-four (24) inches in height. All such walls shall be constructed and designed in accordance to the guidelines for such construction in the City’s adopted General Plan.
(8) Trash Storage Areas: All storage areas for trash, including but not limited to junk tires, shall be screened from public view on all sides by a fence, the height and design thereof being as approved pursuant to Site Plan Approval as specified in Chapter 18.40 (SITE PLAN APPROVAL).
(9) On Site Lighting: All on site lighting of a service station shall be in accordance with Section 18.38.020(10) of this Ordinance.
(10) Installation of Call Detectors: If a service station is located at a street intersection where traffic signal devices are installed or proposed to be installed by City or the State of California, there shall be installed on said service station site “Call Detectors,” if said detectors are determined necessary by the City Engineer or engineer of that Government body having jurisdiction over the operation of such traffic maintenance signals, said determination to be made and imposed as a condition of site plan approval.
(11) Location of Service Station Uses: All permitted service station uses shall be conducted wholly within the confines of the main structure on the service station site, except the dispensing of fuel, oil, and water, charging batteries, washing, waxing and polishing motor vehicles, installing trailer attachments, attaching trailers to motor vehicles, replacing tires, (but not the removal of the rubber tire from the rim and not the repair of said tire unless the site is in the C-4, M-1, or M-2 Zones of City) and performing minor repairs to motor vehicles, which do not involve the removal of or disconnection of the engine, transmission, clutch, radiator, differential, body, or wheel base. There shall be no storage at any time of new or used tires or similar motor vehicle accessories outside the main building; unless approval for storage in buildings or structures apart from said main structure has been given by the Planning Commission pursuant to Site Plan approval (Amended by Ord. 887, Sec. 7 2008).
(12) Sale of Diesel Fuel or Liquid Propane Gas: Diesel fuel and/or Liquid Propane Gas (LPG) may be sold if approved in connection with Site Plan approval.
(13) Signs: Any sign on a service station site shall comply with the City’s Building Codes, and Chapter 18.37 (SIGNS) hereof.
(14) Rental of Utility Trailers and Automobiles: Utility trailers and automobiles may be rented on a service station site, provided the trailers and automobiles are located on an artificially surfaced area.
(15) Noise: No service station use shall be conducted at any time in such a manner as to cause such noise which results in discomfort or annoyance to any reasonable person of normal sensitivity. In determining whether such noise exists, the following factors shall be considered:
Volume of the noise; intensity of the noise; whether the origin of the noise is natural or unnatural; whether the nature of the noise is usual or unusual; the volume and intensity of any background noise; proximity of the noise to non-service station uses; nature and zoning of the area within which the noise emanates; the density of inhabitation of the area within which the noise emanates; the time of day or night the noise occurs; the duration of the noise; and whether the noise is recurrent, intermittent, or constant. (Amended by Ord. 573 Sec. 2, 1987: Ord. 477 Secs. 1 and 2, 1982: Ord. 460 Sec. 3, 1981)
(836, Amended, 08/03/2005)
18.33.10 Amortization of Vacant Service Stations.
Notwithstanding the provisions of Chapter 18.39 (NONCONFORMING USES, LOTS, AND STRUCTURES) hereof, if a non-conforming service station is vacated and remains vacant for a period of 90 days or longer, the following shall apply:
(1) The Planning Commission shall conduct a study and Public Hearing to determine whether the vacated premises should be abolished and removed, or whether certain structural or land improvement alterations will be required prior to reestablishment of the premises as service station use. The property owner and last known lessee, if any, of the premises shall be notified by Registered or Certified mail of the hearing and of the results thereof. Said hearing, including appeal therefrom and City Council review thereof, shall be conducted in accordance with Chapter 18.43 (HEARINGS AND APPEALS THEREFROM) hereof.
(2) Failure to comply with the decision of the Planning Commission, or City Council on appeal, shall constitute a violation of this Ordinance, and shall be subject to the provisions of Chapter 18.48 hereof.