HomeMy WebLinkAboutCC Ord 1534 2005-05-09
ORDINANCE NUMBER
1534
I
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPTER 28, SECTION 28-2318,
"AUTOMOBILE SERVICE STATIONS: PERFORMANCE
AND DEVELOPMENT STANDARDS" AND TO ADD
SECTION 28-221.5, ADDING A DEFINITION OF
CONVENIENCE MARKET (ZONE TEXT AMENDMENT
05-1)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. At its meeting of April 6, 2005, the Planning Commission
considered and recommended approval of Zone Text Amendment 05-1. This amendment
would:
lJ Add definition of "Convenience Market."
lJ Allow convenience markets in conjunction with Automobile Service Stations
on a case-by-case basis upon approval of Conditional Use Permit by Planning
Commission.
lJ Place limitations on the sale of beer and wine if proposed with Automobile
Service Station convenience market.
Currently the City does not allow for convenience markets in conjunction
with Automobile Service Stations.
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305, ~ 15268 and
~ 15061 of the CEQA Guidelines, staff has determined as follows: The application for
Zone Text Amendment 05-1 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305
(Minor Alterations in Land Use Limitations), because it consists of minor alterations in
land use limitations in average slope of less than 20% and does not result in any changes
in land use or density; ~ 15268 (Ministerial Projects) because the proposed zoning text
amendment is ministerial in nature; and, pursuant to ~ 15061(b)(3), because it can be seen
with certainty that there is no possibility that the approval may have a significant effect
on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on April 6, 2005 to consider the subject applications. At the public hearing,
the Planning Commission invited and considered any and all testimony offered in favor
or opposition to said zone text amendment.
Section 4. A duly noticed public hearing was held before the City
Council on April 25, 2005 to consider the subject zone text amendment. At the public
hearing, the City Council invited and considered any and all testimony offered in favor or
opposition to said zone text amendment.
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Section 5. Based on the foregoing Sections 1 through 4, the City
Council hereby approves Zone Text Amendment 05-1. Only Section 28-2318 (B)
requires amendment and Sections 28-221.5 and 28-2318 (M) are to be added and
numbered; all other provisions of Section 28-2318 remain unchanged. The City Council
hereby amends Section 28-221 and Section 28-2318 as indicated below:
1. Add Section 28-221.5 Convenience Market Definition to read as follows:
Convenience Market: Accessory use to automobile service station. Retail sales
of food, beverages and small convenience items primarily for off-premises
Ordinance Number 1534
consumption and typically found in establishments with long or late hours of
operation and a relatively small building. Arcade machines are prohibited in a
convenience market.
2. Revise Section 28-2318 (B) to read as follows:
"An automobile service station shall be a retail place of business engaged in
the sale of motor fuels and in supplying goods and services generally
required in operation and maintenance of automobile vehicles and fulfilling
of motorist automotive needs. These may include sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories and
replacement items; washing and lubrication services, the performance of
minor automotive maintenance and repair; supplying of other incidental
motorist services and products and convenience market. Major automotive
repairs, painting, body and fender work, and any other use permitted in the
zone is prohibited. Only vehicles being serviced, vehicles of employed,
and/or service vehicles shall be stored upon the site. Wrecked or dismantled
vehicles shall be removed from the site within forty-eight hours."
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3. Add Section 28-2318 (M) to read as follows:
M. Sales of Beer and Wine. No alcohol shall be sold at an automobile
service station convenience market, except as follows:
1. The service station convenience market shall comply with all
requirements for off-sale retail applications in the City Council Policy on
Standard Conditions for Alcohol Related Land Uses, including but not
limited to the maximum proximity to residences, the proscription of an
undue concentration of alcohol uses, and the prohibition on onsite
consumption; and the Conditional Use Permit shall contain the Standard
Conditions for Alcohol Related Land Uses, pursuant to the City Council
Policy.
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2. The service station convenience market shall be located in a zone
permitting an automobile service station use.
3. The business shall not be located within 1,000 feet of a park,
religious institution or school, or within 100 feet of a residence, whether
such use is within or outside of the City.
4. The distances specified in this section shall be measured in a
straight line, without regard for intervening structures, from the property
line of the lot containing the service station convenience market to the
property line of the lot containing the residence, park, religious institution,
school, or business.
5. The determination on whether to permit the sale of beer and wine
at a service station convenience market shall be supported by written
findings, based on substantial evidence in view of the whole record.
Section 6. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any
reason held to be unconstitutional, such decision shall not affect the validity of' the
remaining portions of this Ordinance or any part thereof. The City Council of the City of
Seal Beach hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
be declared unconstitutional.
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Ordinance Number 1534
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 9th day of Mav, 2005.
"\
'c4 ~
MAYOR
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ATTEST:
~~MMkt
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Ordinance is an original copy of Ordinance Number 1534 on file in the
office of the City Clerk, introduced at a meeting thereof held on the 25th day of
April , 2005 and was passed, approved and adopted by the City Council at a
meeting thereof held on the 9th day of Mav ,2005 by the following vote:
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AYES: Council members O~ ~,~ lfllkl"J, r
NOES: Council members ~~I
ABSENT: Council members 11~
ABSTAIN: Council members ~~I
And do hereby further certify that Ordinance Number 1534 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
~ n~ J)~
~lerk
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Ordinance Number 1534
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the ag~..-Oh~~i,ghteen
years, and not a party to' or inter.:...'
ested in the above-entitled matter:':.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a ::
newspaper of general circulation, .
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of 'Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit: .'
all in the Yea~
Proof of Publication of
I
...............................................
Sig ture
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
,2005.
....................~~.~...................
SUMMARY. ' .
ORDINANCE NUMBER 1534
'". SEAL BEACH MUNICIPAL
, CODE - AMENDING CHAP-
.TER 28 ..
.. Ordinance Number 1534 of the I
City of Seal Beach amendlld the
.Seal, B'each' Muriiclpal'.Code,
Chapter' 28. sec;:t!on 28-~31 ~
"Automobile Service Stations.
l?erformance I\n~ Qevelopment.
Standards" arid added,sectlgn
28-221.5 adding a definition ~f
"convenie~ marl<ef. The orctl-
: .nance reflects t"e Planm,ng
, Commission :,recOmmendatlon
to appI'l)II8 Zone Tlll(\ ArnendmenI
05-1 This amei1dment would: 1)
Add a definition of "Corivlinlence .
Market". 2) Allow conyenlen~
markets In conjunctlo.n with
. 'Automobile Service ~t~s on
I a case-by-case basl.s upon
i approval of Conditional Use.
Permit by Planning Commission.
:' a) Place limitations on the sale
:: of beer and wine if.. propo~ed
\ with Automol!l!~,~.~ Station
convenience r:n.~~. .
" Ordinance' Number 1534 w~s.
, Introduced at the. regular City ,
i Council meeting of April 25. 2005
, .and anttclpated conStderatloil for ,
'. iecond ~ading and adOption or
re-Introduction at the regular
.. meeting of MEiy 9. 2005. Rrsl.
: reading of Ordinance Number
r: 1534 was approve<! by the (01.
"I9,Wlngwte:. .
~A~,ES:: Antos,:' Larson, .!-evltt;-'
,.ytjaben;.Yo8t~.,;,;.;.:':,: . '?, : :,
'NOES:'NOll8:.., -:.... '.
i MotIDi'!:ciIfr1ed '. " '...--:
\~~'~~:~~~o~i~~~~ Numbef'
s34;" 'avallebIe fn:ith \he ofIice
f~ tha~~iY,C1erk~~II. 211-
;~~:~~~>~,~,~,:~,~'c
(562)'431~2527., " of April, .
DATW;fI;lIS 26th day ,
~=:~6~ni!"C'::t Cle~~ ' .~~,
~. CI,tv.ot Seal .~!a Seal eeach Sun, :
~'PiJbI\iIhlld l!l.u ~ . ,. ' .
.- 05105/2005. " .
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Date~ .5..eal Beac
thi5~day of
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the HUNTINGTON HARBOUR SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Huntington Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A159565; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-Yfit:
~#~
all in the year 20 5.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
I
Dated/~untington ~~
this day of -I. ' 2005.
tfl;b
Ignature
PUBLICATION PROCESSED BY:
THE HUNTINGTON HARBOUR SUN
16835 Algonquin
Huntington Beach, CA 92649
(562) 430-7555
Ordinance Number 1534
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
.-........-..-..-......-........
..-..-........-..-......-..-
Paste Clipping
, .nt Notice
, ,S U M M A.irv.'::;'.; ,
: ORDINANCE;NuMBER 1534 '
~ .C'SE.~~EACH,MUNICip.AL.. ,j
ODE ::..; ""'E,NDING CHAP- . "3
"':!'E~:~~~~:~<.:, }-';.,~~,;;'~:: ," i
'Ordinance . - r 'Of the
City il(-;SUI ' ricieC:lthe"
'. s,~I:B" - 'I,a,Gode, '
.. Chap 6"2318
, 'Autom6I)Ue~S Slatlons:
I PeHonnance81 elopment
: . Standards"'ijjd', ad sectIon
i 28-221.5 adillng;il:ileftnlllon of
: 'convenlenc~'!Tdir!<et~. The
, ordinance re118Cii,thli Planning
, Corrimlsslon i8C0rtil'neiidatlon to
.. approve Zone Text,Ai'n8ndrnent
i 05-1. Thls'amendment would:
, 1) ,A d dad e fin III 0 n 0 f I
, "Convenience Markel". 2) Allow '
, ,co'~II:!lnlence markets In
" .~~J,~"~tlon wllh Automobile
~ . ;:~J~~.:~'. ~.~ . -
~~c..:
....
'r'
,
, .
,
Service Stations on a case-by-
case basis upon approval of
Conditional Use Permit by
Planning Commission. 3) Place
limitations on the sale of beer
and wine If proposed with
Automobile Service Station
convenience market.
'. Ordnance Number 1534 received
; second readllJI and was adopted
althe r,gular CIty Council meeting
" of May 9. 2005 ,by the f.ollowlng
vote: "
I ~ : .
AYES:, Antl?8, larson, Levitt,
, Ybaben, Yost.. " '
NOES: None, Motion carried
Caples of Ordinance Number
1533 are available from the offk:e
of the City Cle~ Hall, 21.1
, - 8th SIreill. SellI fllIephon8:, '
I (582) 431-2527. , ,..'
OATED THIS 10th day Of\.May;
! 2005. - ..
I Linda Devine, City Clerk' "'" -
City of Seal Beach -- .. "
/' Pubnshed In the Seal Beactt Sun
5/1912005. ,