HomeMy WebLinkAboutCC AG PKT 2005-04-25 #K •
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AGENDA REPORT
DATE: April 25, 2005 °
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Christy Teague, Senior Planner
Lee Whittenberg, Director of Development Services
SUBJECT: ZONE TEXT AMENDMENT 05 -1
City -Wide Change to Allow Convenience Markets in Conjunction with
Automobile Service Stations
SUMMARY OF REQUEST:
Approve Zone Text Amendment 05 -1, as recommended by the Planning Commission.
Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending
Chapter 28, Section 28 -2318, "Automobile Service Stations; Performance and
Development Standards" (Zone Text Amendment 05 -1). The request is to allow
convenience markets in conjunction with automobile service stations. Under the proposed
changes, any applicant requesting a convenience market as part of an automobile service
station use would require a Conditional Use Permit and Planning Commission approval.
BACKGROUND:
The City Code sets forth certain activities allowable with Automobile Service Stations.
Automobile Service Stations require approval of the Planning Commission through a
Conditional Use Permit. If an existing Automobile Service Station is to be remodeled or
seeks a change of operational characteristics such as introducing a car wash use, a
Conditional Use Permit is required. If the Code is changed to allow convenience
markets, a Conditional Use Permit will be required in each case.
If a convenience market or other secondary use is proposed as part of an Automobile
Service Station operation, each use must provide adequate parking on the property.
Legally, the City cannot prohibit all alcohol sales at convenience markets. Though
alcohol cannot be completely disallowed, it is legal for the City to develop standards to
ensure the sale of alcohol in convenience markets is not detrimental to surrounding areas.
Limitations have been included in the proposed revision to the Code to address specific
alcohol - related concerns.
Agenda Item JC
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
On December 8, 2004, the Planning Commission discussed the matter of secondary uses
in conjunction with Automobile Service Stations in response to a request for Planning
Commission interpretation and discussion of convenience markets. At that meeting, the
Planning Commission directed the Development Services Department to develop changes
to the Zoning Code to bring back to the Planning Commission revisions to define
"convenience market" and add convenience markets as an allowable use subject to the
issuance of a Conditional Use Permit.
On February 9, 2005, the Planning Commission discussed the definition of "convenience
market" and directed staff to particularly address the issue of alcohol sales and limitations
on locations in relation to nearby sensitive uses such as schools, parks, churches and
proximity to other businesses selling alcohol.
On March 23, 2005, the Planning Commission reviewed and discussed the proposed
restrictions on alcohol sales as part of Automobile Service Station Convenience Markets
and directed staff to proceed with Zoning Text Amendment 05 -1 to allow convenience
markets with automobile service stations, subject to approval of the Planning
Commission through a Conditional Use Permit.
On April 6, 2005, after conducting a public hearing, the Planning Commission approved
Resolution 05 -15, recommending the City Council approve Zone Text Amendment 05 -1
to define "convenience markets ", place limitations on the sale of beer and wine at
convenience markets, and allow convenience markets as part of Automobile Service
Stations upon Planning Commission approval of a Conditional Use Permit.
Three related sections of the Code are recommended to be changed:
1. Proposed Code Section 28 -221.5 Convenience Market Definition
Convenience Market: Accessory use to automobile service station. Retail sales
of food, beverages and small convenience items primarily for off - premises
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. Current Code Section 28 -2318 (B) with Convenience Market Added
The proposed change is noted below in bold text. Automobile Service Stations are
allowable in the C -2 General Commercial Zone, subject to a Conditional Use
Permit. Uses permitted, according to Section 28 -2318 (B), include:
"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.
2
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
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."
3. Proposed Code Section 28 -2318 (M) Limitations on Alcohol Sales at
Convenience Markets
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.
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 1000 feet of a park,
religious institution or school, 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.
Based on the recommendation of the Planning Commission, staff has prepared an
ordinance for introduction that would implement the recommendation of the
3
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
Commission. If the City Council determines that no modifications are necessary upon
completion of the public hearing, the ordinance would be appropriate to introduce. If
modifications are determined appropriate, based on the public testimony and the
deliberations of the City Council, staff will be prepared to propose modifications to the
draft ordinance and return at a later City Council meeting for introduction of the revised
ordinance.
FISCAL IMPACT:
Minimal. Costs will be borne by the City in publishing the adopted ordinance and in
training staff as to the new requirements of the Zoning Code that would be implemented
by adoption of the proposed ordinance.
RECOMMENDATION:
Approve Zone Text Amendment 05 -1, as recommended by the Planning Commission.
Introduce Ordinance No. , 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).
i/
- : Whitten •erg Christy D. Teag e, AICP
• irector of Development Servic- Senior Planner
• . E ! ND APP' • VED:
J ii i
.10,,f B. orski
♦ ty Manager
Attachments: (6)
4
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
Attachment 1: Ordinance No. , 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)
Attachment 2: Planning Commission Resolution No. 05 -15, A Resolution
of the Planning Commission of the City of Seal Beach
Recommending to the City Council Approval of Zone Text
Amendment 05 -1, Amending Section 28 -2318 of the Code
of City of Seal Beach to Allow Convenience Markets in
Conjunction with Automobile Service Stations with
Planning Commission Approval of Conditional Use permit;
and to Establish a Definition of "Convenience Market"
Attachment 3: Planning Commission Minute Excerpt re: Zone Text
Amendment 05 -1, Planning Commission Meeting of
December 8, 2004 and Planning Commission Staff Report
dated December 8, 2004
Attachment 4: Planning Commission Minute Excerpt re: Zone Text
Amendment 05 -1, Planning Commission Meeting of
February 9, 2005 and Planning Commission Staff Report
dated February 9, 2005
Attachment 5: Planning Commission Minute Excerpt re: Zone Text
Amendment 05 -1, Planning Commission Meeting of March
23, 2005 and Planning Commission Staff Report dated
March 23, 2005
Attachment 6: Planning Commission Minute Excerpt re: Zone Text
Amendment 05 -1, Planning Commission Meeting of April
6, 2005 and Planning Commission Staff Report dated April
6, 2005
5
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
ATTACHMENT 1
ORDINANCE NO. , 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)
6
Memo
To: Mayor Yost and Members of City Council
From: Christy Teague, Senior Planner eib-(
CC: John Bahorski, City Manager
Lee Whittenberg, Director of Development Services;
Date: April 25, 2005
Re: Zone Text Amendment 05 -1
City -Wide Change to Allow Convenience Markets in Conjunction with
Automobile Service Stations
The City Attorney has recommended one minor change to the proposed Ordinance
regarding Convenience Markets. Specifically, it is recommended the following
language be added to Section 5 on Page 3, noted in bold:
3. The business shall not be located within 1000 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.
A revised Ordinance is attached for your complete information.
Attachment (1): Ordinance Number 1534
•
1
•
ORDINANCE NUMBER 1534
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:
❑ Add definition of "Convenience Market."
❑ Allow convenience markets in conjunction with Automobile
Service Stations on a case -by -case basis upon approval of Conditional Use Permit by
Planning Commission.
❑ 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.
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.
Agenda Item
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.
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
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."
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
2
•
Conditions for Alcohol Related Land Uses, pursuant to the City Council
Policy.
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 1000 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.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2005.
MAYOR
•
ATTEST:
CITY CLERK
3
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 day of
, 2005 and was passed, approved and adopted by the City Council
at a meeting thereof held on the day of , 2005 by the
following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
And do hereby further certify that Ordinance Number 1543 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
O
4
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
ATTACHMENT 2
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING TEXT AMENDMENT 05-
1, AMENDING SECTION 28 -2318 OF THE CODE
OF THE CITY OF SEAL BEACH TO ALLOW
CONVENIENCE MARKETS IN CONJUNCTION
WITH AUTOMOBILE SERVICE STATIONS
WITH PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT; AND TO
ESTABLISH A DEFINITION OF "CONVENIENCE
MARKET"
11
RESOLUTION NUMBER 05 -15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONING TEXT AMENDMENT
05 -1, AMENDING SECTION 28 -2318 OF THE CODE OF THE
CITY OF SEAL BEACH TO ALLOW CONVENIENCE
MARKETS IN CONJUNCTION WITH AUTOMOBILE
SERVICE STATIONS WITH PLANNING COMMISSION
APPROVAL OF CONDITIONAL USE PERMIT; AND TO
ESTABLISH A DEFINITION OF "CONVENIENCE MARKET"
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. At its meeting of April 6, 2005, the Planning Commission
considered Zoning Text Amendment 05 -1. This amendment would allow convenience markets as
part of Automobile Service Stations upon Planning Commission approval of a Conditional Use
Permit; and a definition of "Convenience Market" would be added to the Code.
Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning
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; 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 by the Planning
Commission on April 6, 2005 to consider Zone Text Amendment 05 -1.
Section 4. The record of the hearing April 6, 2005 indicates the following:
(a) At said public hearing there was oral and written testimony and evidence
received by the Planning Commission.
(b) The proposed text amendment will revise the City's zoning ordinance and
enhance the ability of the City to ensure orderly and planned development in the City through an
amendment of the zoning requirements.
(c) The proposed text amendment will add a definition for "convenience
market" in conjunction with automobile service stations in the General Commercial (C -2) zone.
Page 1 of 4
Planning Commission Resolution No. 05 -15
Zoning Text Amendment 05 -1
Convenience Markets in Automobile Service Stations
April 6, 2005
(d) The proposed text amendment will allow convenience markets in
conjunction with automobile service stations through a discretionary Conditional Use Permit,
approved by the Planning Commission at regularly held meetings.
Section 5. Based upon the facts contained in the record, including those stated
in § 4 of this resolution and pursuant to § 28 -2600 of the City's Code, the Planning Commission
makes the following findings:
(a) Zoning Text Amendment 05 -1 is consistent with the provisions of the
various elements of the City's General Plan. Accordingly, the proposed use is consistent with the
General Plan. The proposed amendment is administrative in nature and will not result in changes
inconsistent with the existing provisions of the General Plan.
(b) The proposed text amendment will revise the City's zoning ordinance and
enhance the ability of the City to ensure orderly and planned development in the City through an
amendment of the zoning requirements.
Section 6. Based upon the foregoing, the Planning Commission hereby
recommends approval of Zoning Text Amendment 05 -1 to the City Council in substantially the
following form:
1. Section 28 -221.5 of Chapter 28 of The Code of the City. of Seal Beach is hereby added to
read:
Convenience Market: Accessory use to automobile service station. Retail sales of
food, beverages and small convenience items primarily for off - premises
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. Section 28 -2318 (B) of Chapter 28 of The Code of the City of Seal Beach is hereby
amended to read:
B. Uses Permitted. 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; and the 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 are prohibited. Only
vehicles being serviced, vehicles of employed, and/or service vehicles shall be
Page 2 of 4
Planning Commission Resolution No. 05 -15
Zoning Text Amendment 05 -1
Convenience Markets in Automobile Service Stations
April 6, 2005
stored upon the site. Wrecked or dismantled vehicles shall be removed from the
site within forty -eight hours.
3. A new subsection (M) of Section 28 -2318 of Chapter 28 of The Code of the City of Seal
Beach is hereby added to read:
•
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.
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 1000 feet of a park, religious
institution or school, 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 6th day of April 2005 by the following vote:
AYES: Commissioners Ladner, Deaton, Roberts, and Sharp
NOES: Commissioners None
ABSENT: Commissioners Shanks
Page 3 of 4
Planning Commission Resolution No. 05-15
Zoning Text Amendment 05 -1
Convenience Markets in Automobile Service Stations
April 6, 2005
•
Phil Ladner
Chairperson, Planning Commission
�j
Lee Whittenberg
Secretary, Planning Commissi• -
* * **
Page 4 of 4
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
ATTACHMENT 3
PLANNING COMMISSION MINUTE
EXCERPT RE ZONE TEXT AMENDMENT
05 -1, PLANNING COMMISSION MEETING
OF DECEMBER 8, 2004 AND PLANNING
COMMISSION STAFF REPORT DATED
DECEMBER 8, 2004
•
12
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Planning Commission Interpretation
Automobile Service Stations
December 8, 2004
December 8, 2004
PLANNING COMMISSION INTERPRETATION
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: Food Mart and Other Secondary Uses in Conjunction with Automobile
Service Stations in Seal Beach
Background
The Development Services Department has received a letter and $200 fee from Hassan &
Sons requesting the Planning Commission interpretation and discussion of food marts
and other secondary uses in conjunction with automobile service stations in Seal Beach.
Mr. Hassan seeks approval for a remodel to his Chevron Service Station at 2950
Westminster Avenue. His proposed remodel would include a car wash use, food
mart/convenience market use and a coffee outlet use. His specific proposal is not the
subject of this discussion. The matter under consideration is the more general discussion
of uses affiliated with automotive service stations
The attached letter from Sal Hassan requests interpretation or changes to the Seal Beach
City Code to allow food mart/convenience market and incidental restaurant uses to reflect
the changing automobile service station industry.
Automobile Service Stations are allowable in the C -2 General Commercial Zone, subject
to a conditional use permit. Uses permitted, according to Section 28 -2318 (2), include:
"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; and the supplying of other
incidental motorist services and products. 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."
Issues in Letter for Planning Commission Interpretation
The following issues were identified and responses requested to be addressed by the
Planning Commission:
1
Planning Commission Interpretation
Automobile Service Stations
December 8, 2004
1. Automotive service stations and repair with incidental services and products
are currently allowed, but changes to the market place have made servicing
vehicles at gas stations no longer feasible. Most gas stations today offer fuel
sales, car wash, food mart and fast food services if the property size allows.
2. When the code was adopted the Planning Commission did not envision the
change in the industry, resulting in food marts not listed as allowable.
Request for the Planning Commission to determine if the proposed use is
different than automobile service station and meets the intent of the C -2
General Commercial zone.
3. No alcohol sale is proposed.
4. Food mart addition to gas station increases sales of fuel by 20 to 30 percent,
and food mart sales are approximately $50,000 per month, 65% of which are
taxable.
5. Many motorists find food mart in gas stations a necessity and great
convenience for customers and residents, supporting replacement of auto
repair uses with food mart.
6. Conversion from auto service station to food mart is a visual and physical
. enhancement to specific location, in this case 2950 Westminster Avenue
(Southwest corner of Westminster and Seal Beach Boulevard).
Discussion
Mr. Hassan's proposed remodel includes a car wash use, which is allowable with
Planning Commission approval through a Conditional Use Permit. The food mart and
fast food or coffee outlet uses are not specifically allowed or prohibited uses.
The Automotive Service Station industry is changing with the consumer marketplace. It
has become common for gas stations to have convenience markets as part of their
operations. It is also increasingly common for service stations to co -brand with fast food
type restaurants such as Subway and Taco Bell.
Some service station operators face pressure from their franchises, such as Chevron or
Exxon/Mobil, if they do not increase retail or food services necessary to compete for
customers in the current market.
The changing automobile service station industry may reduce services to residents. The
loss of service stations is a potential loss of local, convenient fuel services for residents
and loss of sales tax revenue from fuel sales to cities. A trend to reduce minor automobile
servicing at gas stations results in loss of convenient locations for residents to have
simple mechanical repairs such as oil changes and wheel alignments. However, if these
services are no longer feasible for business owners either a change in operation or
2
Planning Commission Interpretation
Automobile Service Stations
December 8, 2004
business closure may occur. Loss of automobile service stations may result in a loss of
service to residents and loss of sales tax revenues to city governments. Automotive fuel is
a significant sales tax category in Seal Beach.
Convenience Markets
One alternative is to add a definition for "convenience market ", with convenience
markets added as an allowable use subject to conditional use permit under the
Automobile Service Station Code Section 28 -2318. If the Planning Commission desires,
walk up /take out restaurants can also be added to allowable uses subject to conditional
use permit.
Alcohol sales can be prohibited or subject to specific approval through a conditional use
permit. Sale of alcohol is often an issue associated with food marts /convenience markets.
A copy of another city's zoning code addressing convenience markets is attached for
your review.
Current Code Section 28 -2318
The complete Seal Beach City Code Section 28 -2318 is attached for your reference.
Suggested Alternatives
1. No changes proposed. Development Services Department staff directed to
continue to strictly adhere to Seal Beach City Code Section 28 -2318, which
does not specifically address food mart/convenience market or restaurant uses
in conjunction with service stations and therefore is not an allowable use even
with Planning Commission approval through a Conditional Use Permit. This
alternative may result in a loss of service stations in Seal Beach.
This determination would not allow Mr. Hassan to remodel with a food mart
or any restaurant component.
2. Determine that a food mart/convenience market or a restaurant is an allowable
use in the C -2 General Commercial and would be allowable if parking and
other zoning standards are met for the site.
This determination would allow Mr. Hassan to remodel with a food mart or
restaurant component subject to zoning requirements, but without need for
Conditional Use Permit for use in conjunction with an Automotive Service
Station.
3. Direct Development Services Department to interpret the existing, Code to
consider limited convenience retail uses and restaurant uses incidental to the
3
•
Planning Commission Interpretation
Automobile Service Stations
December 8, 2004
main Service Station use and modify the language of the Uses Permitted in the
Code accordingly.
This determination would allow Mr. Hassan to remodel with a food mart or
restaurant component upon approval of a conditional use permit by the
Planning Commission.
4. Direct Development Services Department to develop changes to the Zoning
Code to bring back to the Planning Commission revisions to define
"convenience market" and add convenience market as an allowable use
subject to the issuance of a Conditional Use Permit.
This determination would not allow Mr. Hassan to remodel with any
restaurant component, but would allow a food mart/convenience market upon
approval of a conditional use permit by the Planning Commission.
5. Direct Development Services Department to make comprehensive changes to
the Automobile Service Station Section 28 -2318 to bring back to the Planning •
Commission to reflect the changing industry and for comprehensive Planning
Commission discussion.
This determination would not allow Mr. Hassan to remodel with a food mart
or any restaurant component, unless a determination is made that these uses
are allowed in the C -2 General Commercial zone until the code specifies
otherwise.
l
Christy D. Te., e, AICP
Senior Planner •
Department of Development Services
Attachments: (4)
Attachment 1: Letter dated October 25, 2004 from Sal Hassan requesting
Planning Commission Interpretation
Attachment 2: Letter dated October 14, 2004 from City of Seal Beach
Department of Development Services in response to
Chevron Proposal at 2950 Westminster Avenue
Attachment 3: Code Section 28 -2318 Automobile Service Stations;
Performance and Development Standards
Attachment 4: Excerpt of Newport Beach Zoning Code regulating
Convenience Markets for Reference
4
•
City of Seal Beach Planning Commission
Meeting Minutes of December 8, 2004 •
1 • SCHEDULED MATTERS •
3 3. Planning Commission Interpretation and Discussion of Food Marts and •
4 Other
Secondary Uses in Conjunction with Automobile Service Stations in Seal Beach.
5 .
•
6 Staff f Report
7 .
8 Ms. Teague delivered the staff report: (Staff Report is on file for inspection in the
9 Planning Department.) She provided some background information on this. item and
10 stated that Staff is approaching the Planning Commission (PC) requesting direction on
11 this item. She stated that Mr. Sal Hassan has paid the required fees and has written a
12 letter (copy attached to Staff Report) regarding secondary uses in conjunction with a
13 service station, specifically minor restaurant uses and convenience markets or food
14 markets. She indicated that service stations are allowed in the C -2 General
15 .Commercial Zone subject t� a Conditional Use Permit (CUP). She noted Mr. Hassan's
16 . .letter states that although automotive service .stations and repair with incidental services
17 and products are allowed, changes tb the market place have made servicing vehicles at
8 gas stations no longer feasible. Most service stations today offer fuel sales with car •
9 wash, food mart, or fast food services, if the ro e
p p rty size allows. His letter also
:0 contends that when the Code was adopted the PC did not envision the change in the
1 industry, which resulted in food marts not being specifically allowed. Ms. Teague
2 indicated that Mr. Hassan also states that food marts in service stations increase sales :
R of fuel by 20 -30 percent with food mart sales at approximately $50,000 per month. He
also states that he is not proposing the sale of alcohol at his food mart. The Senior
5 Planner then added that given the service station industry is changing in the consumer
3 market place, it is becoming more common for gas stations to have convenience
7 markets as part of their operation, and is also increasingly common for service stations
3 to offer fast foods. She stated that some service station operators do face pressure
1 . from their franchises to increase retail or. food services in order to compete for
1 customers and that not addressing this issue could reduce services to the residents of •
Seal Beach and create a possible loss of service stations, fuel services, and
• convenience services. She then explained that there has been a trend to reduce minor
• automobile servicing. such as wheel alignments and oil changes that residents may
have come to expect at service stations; however, without adapting to. the market place,
if the franchisees do not allow these services to continue, there would be a change and
loss of service stations. Ms. Teague then stated that one alternative is to make ; 1
convenience markets an allowable use subject to a CUP. She reported that Mr. Hass.an
owns twelve other 'service stations, none of which sell alcohol. She then reviewed the
proposed alternatives as listed on pages 3-4 of the Staff Report.
Commissioner Questions
Commissioner Sharp stated- that he recalls that when the PC last reviewed the issue of
convenience stores in service stations it had agreed that absolutely no alcohol would be . •
sold. Mr. Whittenberg stated that up to this point the sale of alcohol has never been
allowed at service stations. He said that the proposal before the PC tonight would not
• Page 3 of 12
•
City of Seal Beach Planning Commission
Meeting Minutes of December 8, 2004
1 allow alcohol sales. He noted that several of the existing service stations in town have
C . "mini markets' within the range.of 150 -200 square feet in size, which are allowed as part
3 of incidental motorist services under the existing definition in the Zoning. Ordinance for
4 service stations. He said that it has'been made very clear to all station operators that
5 anything larger than 200 square feet would not be permitted under the current •
6 provisions of the Code. He'said that the issue for consideration by the PC is that the
7 market demands on service stations are changing so that the provision of the traditional •
8 services are not as much of a profit center for operators of these types of businesses.
9 He explained that Staff has been approached by at least 3 different service station
10 . operators in town indicating that if they are not able to convert some of their service
11 bays into another use, they will lose the franchise. with the gasoline dealer and go out of
12 business. The Director of Development Services stated that this is a concern, and the
13 opposite concern is that people will still require minor servicing on their vehicles, and he
14 suggested that the PC allow Staff to investigate options for changing the Code to allow
15 conversion • of a portion of a service station for use as a mini -mart or fast food service.
• 16 He noted that there is only one automobile service garage in the City of Seal Beach
17 other than what can be found at service stations.
. 18
19 Commissioner Deaton stated that it was her understanding that gasoline taxes are the .
20 number one source of revenue for sales taxes. Mr. Whittenberg stated that he has not
• 21 recently seen any. numbers on this, but he would think that with the Target and Kohl's •
22 stores going in recently, this has probably changed. Commissioner Deaton stated that
21 she has her car serviced at a local service station because they are a part of the
community and are "community friendly." She ,said she is aware of three auto repair
�.� locations within Old Town, and asked if the. City could require the service stations to
26 , maintain one manned service bay. Mr. Whittenberg said that if a service station
27 maintains the ability to provide service, hopefully, people in the community would utilize
28 these services enough to provide a reasonable cash flow for the station .operators.
29 Commissioner Deaton stated that her major concern with allowing a mini -mart use is the
30 sale of alcohol, as she considers this completely inappropriate for a gas station. She
31 also said that she would be a little more uneasy about a restaurant type use at a gas
32 .station:... Mr.. Whittenberg stated that the conceptual plan provided for the • Chevron
33 station at Westminster Avenue and Seal Beach Boulevard (SBB) included a Starbucks
34 Coffee that would be over 1,000 square feet in size, which by definition would make this •
35 a restaurant use. He said that a sit down type restaurant is not what is .envisioned, but
36 • rather a use like Starbucks,. Jamba Juice, or Coffee Bean & Tea. He stated that
37 Southern California is seeing more and more of these types of uses in conjunction with
38 gasoline sales. He noted that in some ways zoning is set up so that if these types of
•
39 uses provide their own parking, separate from the required parking for the service
40 station, they would be an allowed use on the property. Commissioner Deaton asked if •
41 these, were set up as two separate businesses, would they be allowable : now, as
42 opposed to operating the mini -mart as a part of the gas station. Mr. Whittenberg
43 that there is a bit of an issue of interpretation of the Zoning Ordinance, and the reason is . •
44 that the Ordinance states that if you have a service station on a piece of property, you
45 need a CUP, and Staff has always taken the position that once you have a CUP, if you
are substantially changing what is on the property,. you will need a new CUP. He said •
Page 4 of 12
•
City of Seal Beach Planning Commission
- Meeting Minutes of December 6, 2004
1 that Staff has never really thought of the case of having a totally different business
operation on the same property, but this. particular lot at the corner of Westminster. C
3: Avenue and SBB technically is large enough to accommodate another separate
4 business with the necessary parking. He indicated that Staff would look into these •
5 issues after receiving direction from the PC. Commissioner Deaton asked what types of -
6 restrooms are required for this type of use. Mr. Whittenberg stated that Staff would .
7 have to check on this.
8 -
9 Commissioner Sharp stated that he has concerns about the sale of open food that is not
10 pre - packaged. He said that most service stations sit on contaminated soil making soil
11 remediation necessary, should a business other than a service station be located on . , • 12 that site. Mr. Whittenberg stated that contamination in the soil would not impact .
13 anything inside the building.
14 . . .
15 • Commissioner Shanks asked if 7- Eleven stores serve pizzas and hot dogs, would these
16 . be categorized as restaurants? Mr. Whittenberg stated that Staff would have to contact .
17 the Orange County Environmental Health•••Agency representative to discuss this. ..
18 Commissioner Shanks stated that there is a rumor that the. Union 76 service station in . ..
19 the .Voris Pavillions shopping center is to be demolished. - Mr. Whittenberg stated that
20 Staff has seen a prelirninary site plan that shows the elimination of this station, but the
21 developer's proposing to put a different fueling station elsewhere on the property, which
22 at this • point would be a . gas • only facility and would have no service bays. •
?-' Commissioner Shanks stated: that he would be in favor of this except if the service .
• station would no longer provide service for oil changes•or smog checks, etc. He .said .: .
25 that these services are necessary_to the residents of Leisure World and asked tithe PC . ,
26 could-require that the service not change its .present level of service of to maintain two .
27 service..bays for provision of these services. Mr. Whittenberg stated that Staff would _ . ' • . •
?8 ' have to check with legal counsel as this Might get into restricting how a - business..
'.9 operates. Commissioner -Shanks.'stated that . section of the Code should be
10 reviewed and possibly rewritten. Mr. . Whittenberg noted that Mr. Hassan and his
11 architect. are • present tonight and could respond to any questions from the
•2 Commissioners:
;3 .
.4 Mr. Sal Hassan stated that the indutty has markedly changed and most service • . . •
, 5 stations have converted their service bays to convenience stores 'with a small fast food
6 service, which is typically drive-thru. -He• said that in this case they were approached by - .
7 Starbucks• and other coffee companies' want to be at the Westminster Avenue .
8 location, •so• he thought that a small" space.•could be incorporated into the plans to
9 accommodate this. •He said that he typically does not believe in restaurants at gas .
0 stations: He said that today it is very important for gas 'stations to have convenience .
1 - food marts because it is a necessary service • for many` motorists. He said that his
2 experience has shown that.after adding•a convenience mart, gasoline sales will jump at
3 least 20- 30.percent, :as this provides a much.cleaner image than with the service bays. •
4 He said that although he understands the concerns of the community wanting to • have a .
5 place to have their vehicles serviced, today's vehicles do not break down much and
usually require only oil changes, tires, or smog : checks, which do not generate enough
C__ -•
Page 5 of 12
City of Seal Beach Planning Commission
Meeting Minutes of December 8, 2004
1 = income to justify maintaining the service bays. He noted that with air quality regulations
it is getting very expensive to provide vehicle repair services. He indicated that all of the .
3 oil companies have switched from service bays to convenience marts and have laced
P Y P
4 restrictions on station operators requiring conversion of •the stations by a certain
5 deadline if they do not want to have their supply contracts terminated. Mr. Hassan said
6 that this would • mean closing down the station altogether, which would be a Toss for the
7 owner and the City, as the current price of gas generates anywhere from 14 to 16 cents ,
8 per gallon in sales tax revenues. He indicated that at three of the locations owned by
9 Hassan & Sons the service bays have been converted to a convenience store and have
10 created an increase in revenues and a reduction in his liability. Commissioner Shanks
11 asked whether the proposed car wash was to be manned. Mr. Hassan stated that the
12 car wash would be a fully automated one. Commissioner Ladner noted that- the Union
13 76 station across the street from Mr. Hassan's gas station, the Union 76 station at Bolsa
• 14 Chica and Westminster Avenue and the gas stations north of the 1 -405 overcrossing
15 along- SBB do not sell food items. He said that if Mr. Hassan converts his service bays •
16 to a convenience mart, his would be the only gas station in this area selling food items. _
• 17 He noted that Boeing:Integrated Defense. Systems. (B)DS). plans to include a restaurant .
• 18 in its development project adjacent: to • Mr. Hassan's Chevron station, where the
• 19 Primrose restaurant is currently located. He added that the Mr. Hassan would also .
20 have to compete with the Seal Beach Market and another restaurant located in the .
21 shopping center directly across Westminster Avenue. He asked if Mr. Hassan would be
22 having any sit -down dining. Mr. Hassan that would simply be a convenience .
2- store selling mainly beverages and snacks and would not provide the food-staples that a •
grocery°store provides. Commissioner Ladner stated that he disagrees and believes
C5 that with the proximity of the surrounding restaurants and market; he does not- see the
26 need for a convenience store at. the Chevron location. Mr.- Hassan stated that at •
27 another location he has a convenience store next to a Ralph's Market and the customer -
28 base is different. Commissioner Ladner noted that a new Carl's Jr. Restaurant is also -
29 under construction near the Seal Beach Market. Mr. Hassan said that the convenience
30 store would not sell open food, only prepackaged items. Commissioner Ladner stated •
31 . that coffee is an open drink. Mr. Hassan said that like most individuals he would not
32 • purchase coffee at Carl's Jr., but would go to a coffee store to buy coffee. He then
• 33 . invited Commissioner Ladner to visit one of his convenience stores to get a better idea • .
34 - of the types of items sold there. Commissioner Ladner said that he is familiar with these ..
35 types of stores. He asked if seating was to be provided in the Starbucks area of the
36 store. Mr. Hassan said that there would be no seating... - .
37
38 Commissioner Deaton noted that there is a Mobil station with a convenience store and a
39 car wash at the intersection of Pacific Coast Highway (PCH) and Warner Avenue, She
40 asked if this was similar to what Mr. Hassan proposes to do at the SBB/Westminster
41 Avenue location. Mr. Hassan stated that this was correct. Commissioner Deaton stated .
42 that she would not categorize this as a restaurant, and she also would not categorize
43 Starbucks Coffee as a restaurant. She said that this is not an issue of competition .
44 among restaurants, and she does not believe that Mr. Hassan is proposing to have a
a5 restaurant, but simply a place to go buy Twinkies and -a Coke and then drive through the
car wash. Commissioner Ladner countered that Starbucks does provide indoor seating.
Page 6 of 12
City of Seal Beach Planning Commission
Meeting Minutes of December 8, 2004
1 Commissioner Shanks .interjected that Albertson's has a Starbucks Coffee, but there is
no seating provided. Mr. Hassan noted that this country thrives on competition.
3 .
4 Commissioner Roberts asked if in the plans as proposed would Starbucks be adjacent. -
5 to the fast food area, or would it be separate. Mr. Hassan.said that it would be adjacent
6 to the fast food area. He noted that Starbucks is not a vital part of the plan, but would
7 only be included if the required parking. can be provided.
8, - .
• 9 Commissioner Shanks asked if the store would operate 24 hours a day. Mr. Hassan
10 stated that the gas station is currentlyopen 24 hours. . - •
11 • -
12 Commissioner Roberts stated that. although he understands the need to compete in .a .
13 changing industry, he is disappointed to learn that the service bays would be eliminated.
14 He noted that if the gas station Were riot making a profit by maintaining these service
15 bays, it would be a problem if the business had to •close down altogether. He asked if .
1.6 Mr. Hassan would be changing the number•of gas pumps currently on site. Mr. Hassan
17 stated that this would be an entirety new facility with the plans calling for two additional
18 new`pumps. Commissioner Roberts stated that although the community might not like .
19 this change, it is the trend in'the industry:' Mr. Hassan noted that there would still .be . '
20 mechanics that want to set up their- own shops, to provide automotive repair services to .
21 the' people of Seal Beach. Commissioner Roberts asked if Mr. Hassan .had done any .
22- studies' to determine where the majority of his:'service base comes from. - Mr. Hassan .
?3 stated that the'station does advertise•and offers free shuttle service, only 1 out -
of every 10 •custamers comes frorrm..LeisureWorld. He•.noted that this is probably
25 because Leisure World residents don't do 'a lot of driving so their cars don't require .
26 service-as frequently. He said that most of •the service work .comes from employees of .
27 Boeing Integrated Defense Systems (BIDS). Commissioner Roberts asked how many '
28 mechanics are employed at.this location: • Mr:-Hassan.said he has two mechanics and a
29 . service manager. Commissioner - Ladner. , :asked •how many 'mechanics would be::
30 provided if Mr.. Hassan's plans are approved :. Mr. • Hassan said he would have no •:
•
11 mechanics on site. Mr.•Whittenberginterjected that•the Commission wasgetting away '
•
12 . from the major issue;.which is providing direction to Staff as to Whether this is a•use that
13 • Staff study and return with a proposal, or whether leave the Code as is. He .-
14 reiterated that 'several gas stations have contacted the City regarding this issue. He
;5 notedthat the gas station formerly located at the Coffee Bean & Tea Leaf site on Main , •
.6 Street and PCH went out of business as a result.of .this, as they were told they .
.7 to construct a mini -mart and were not able to do so. .
8 • i
9 Commissioner Shanks stated the he wished to recommend that the PC direct Staff to .
0 look at Section 28 -2318 of the Zoning Ordinance'With reference to "the Newport Beach -
1 ordinance to help correctly'establish what the guidelines•for Seal Beach Will be.
2 ..
3 , Commissioner Sharp and Roberts stated they were in agreement. . . .
4 .
Ms. Teague asked if the PC would - like to see Mr. Hassan's plans include the incidental .
•
Starbucks and a limited mini -mart, or would the Commission prefer that no approvals be .
Page 7of12
• City of Seal Beach Planning Commission
Meeting Minutes of December 8, 2004
given for mini -marts in service stations until. the recommendations for revision of the
C . Code are provided and reviewed for potential approval. The Commissioners were in
3 general agreement that they would prefer to see the Code revised before.reviewing any
4 proposals for mini - marts. Commissioner Shanks stated that he would also like to look
5 • into the issue of Mr. Hassan's Chevron station having wrecked cars stored at the station
6 for longer than 48 hours.
•7
• 8 Commissioner Deaton inquired about the kind of delay this would create for Mr.
.9 Hassan's remodel. Mr. Whittenberg stated that the issue currently is that by definition,
10 the Code does not allow a mini - market. operation, and the only way to allow this type of
11 • use is by changing the Code. He stated that a public hearing would have to take place
12 to review the revisions and to make recommendation to City Council (CC) on adoption
13 of the changes. He said that CC would then have to conduct public hearings for a first
14 and second reading once the changes are approved, and this could take 3 months or
15 • more. .
16
17 • Chairperson Ladner referred to Page 3, Paragraph 3 of the Staff Report and asked Mr.
• 18 Hassan if alcoholic beverages are sold at any of Mr. Hassan's service station mini-
. 19 marts. Mr. Hassan responded that no alcohol is sold. Chairperson Ladner asked if Mr.
20 Hassan had any intention of selling alcohol at any time in the future. Mr. Hassan
21 responded that he did not plan on this, and that when he -had acquired some of these
22 . locations they did sell beer and wine, but he did away with this. Commissioner Roberts
2=1 asked Mr. Hassan's reason for having done so. Mr. Hassan responded that it is against
his personal beliefs and the sale of alcohol also attracts an unwanted element.
26 MOTION by Shanks; SECOND by Sharp to direct Staff to review Section 28 -2318 for
27 possible revision to allow the use of mini -marts or fast food restaurants at gas stations
28 within the City of Seal Beach.
29 • •
30 . MOTION CARRIED: 5 — 0
31 AYES: Ladner, Deacon, Roberts, Shanks, and Sharp
32 NOES: None
33 ABSENT: None
34
35 Mr. Whittenberg stated that Staff would begin working on this as quickly as possible.
30
37
38 PUBLIC HEARINGS
39
40 4. Conditional Use Permit 03 -7 (Indefinite Extension)
41 2999 Westminster Avenue, Suite 106 (Fit -4 -You)
42 •
43 • Applicant/Owner: Meghan Boylan / Rocky Gentner
44 . Request: Approval of Indefinite Extension of a previously approved
45 Conditional Use Permit to continue utilizing approximately
834 square feet of a commercial building for a personal
Page .8 of 12
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
Apri125, 2005
ATTACHMENT 4
PLANNING COMMISSION MINUTE
EXCERPT RE ZONE TEXT AMENDMENT
05 -1, PLANNING COMMISSION MEETING
OF FEBRUARY 9, 2005, AND PLANNING
COMMISSION STAFF REPORT DATED
FEBRUARY 9, 2005
13
Planning Commission Interpretation
Automobile Service Stations
February 9, 2005
February 9, 2005
PLANNING COMNIISSION INTERPRETATION
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: Food Mart and Other Secondary Uses in Conjunction with Automobile
Service Stations in Seal Beach
Background
On December 8, 2004, Planning Commission discussed the matter of secondary uses in
conjunction with Automobile Service Stations in response to a letter received and fee
from Hassan & Sons requesting the Planning Commission interpretation and discussion • •
of food marts and other secondary uses in conjunction with automobile service stations in
.Seal Beach. The matter under consideration is the more general discussion of uses
•
'affiliated with automotive service stations.
At its meeting held December 8, 2004 Direct Development Services Deparbnent to
develop changes to the Zoning Code to bring back to the Planning Commission revisions
to define "convenience market" and add convenience market as an allowable use subject
to the issuance of a Conditional Use Permit.
Automobile Service Stations are allowable in the C -2 General Commercial Zone, subject
to a conditional use permit. Uses permitted, according to Section 28 -2318 (2), include:
"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; and the supplying of other
incidental . motorist services and products. 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."
•
Discussion
1
Planning Commission Interpretation
Automobile Service Stations
•
February 9, 2005
Changes in operational characteristics of existing service stations, such as the
introduction of car wash use, require Planning Commission approval through a
•
Conditional Use Permit. Car wash uses are specifically allowable with Planning
Commission approval through a Conditional Use Permit. Food mart and fast food or
coffee outlet uses are not specifically allowed or prohibited uses.
It has become common for gas stations to have convenience markets as part of their
operations. It is also increasingly common for service stations to co -brand with fast food
type restaurants such as Subway and Taco Bell.
•
Some service station operators face pressure from their franchises, such as Chevron or
Exxon/Mobil, if they do not increase retail or food services necessary to compete for
customers in the current market.
Convenience Markets •
If the Zoning Code is modified to allow this use with service stations, the Zoning Code
will be modified to add a definition for "convenience market ", with convenience markets
added as an allowable use subject to conditional use permit under the Automobile Service
• Station Code Section 28 -2318. If the Planning Commission desires, walk up /take out
restaurants can also be added to allowable uses subject to conditional use permit.
Alcohol sales can be prohibited or subject to specific approval through a conditional use
permit. Sale of alcohol is often an issue associated with food marts /convenience markets.
A copy of another city's zoning code addressing convenience markets is attached for
your review.
Current Code Section 28 -2318
The complete Seal Beach City Code Section 28 -2318 is attached for your reference.
Uses subject to Planning Commission approval of a Conditional Use Permit
1. Car wash
•
2. Convenience Market
•
3. Walk up /take out restaurant with 10 seats or less
Drive through restaurants are sometimes considered as part of service station proposals.
This use requires a Conditional Use Permit in any case, so would not need to be specified
as allowable use with a CUP. However, in anticipation of the request for a drive through
fast food type use, the Planning Commission could direct the code to prohibit the activity
in conjunction with a service station use.
2
Planning Commission Interpretation
Automobile Service Stations
February 9, 2005
•
Recommended Convenience Market
1. Alcohol sales prohibited
2. Arcade games prohibited
3. Drive through restaurant prohibited
Christy D. T i . gue, AI
Senior Planner
. Department of Development Services
Attachments: (2)
• Attachment 1: Attachment 3: Code Section 28 -2318 Automobile Service
Stations; Performance and Development Standards
Attachment 2: Excerpt of Newport Beach Zoning Code regulating
• Convenience Markets for Reference
•
•
3
City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
situation, as there are concems about establishments responsibly handling the service
of alcohol.
3
4 Commissioner Sharp indicated that although the City must carefully monitor this
5 situation, he could not see how the PC could deny this request.
6
7 MOTION by Sharp; SECOND by Roberts to approve the Indefinite Extension of
8 Conditional Use Permit 01 -14 and adopt Resolution 05-4 as presented.
9
10 MOTION CARRIED: 3 —1 —1
11 AYES: Ladner, Roberts, and Sharp
12 NOES: Shanks
13 ABSENT: Deaton
14
15 Mr. Abbe advised that the adoption of Resolution No. 05-4 begins a 10 -day calendar
16 appeal period to the City Council. The Commissioner action tonight is final and the
17 appeal period begins tomorrow moming.
18
19
20 STUDY SESSION
21
22 6. Service Station Convenience Market Development Standards
Staff Report
25
26 Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
27 Planning Department.) She provided some background information on this item and
28 noted that at the meeting of December 8, 2004, a study session was conducted on this
29 issue, prompted by the application made by Mr. Sal Hassan for an interpretation of the
30 Zoning Code with regard to allowing convenience markets within automobile service
31 stations. She stated that at that time the Planning Commission (PC) had directed Staff
32 to develop revisions to the Zoning Ordinance defining "a convenience market," and to
33 add it as an allowable use subject to approval of a Conditional Use Permit (CUP). She
34 explained that if the revisions are approved, the convenience market use would be
35 listed as an allowable component of automobile service stations, and each existing
36 service station seeking to change its operation to include a convenience market would
37 require PC approval of a new CUP. She noted that parking requirements would have to
38 be met for both the service station and convenience store uses. She continued by
39 stating that if the PC were in agreement Zoning Code Section 28 -2318 would be revised
40 to include this as an allowable use, and would be presented in a Zone Text Amendment
41 (ZTA) for approval by the PC and also by City Council. She then referred to the
42 proposed text regarding convenience markets as it appears on Page 2 of the Staff
43 - Report and indicated that after reviewing the text, the City Attorney has expressed
44 concerns with including text prohibiting the sale of alcohol.
d5 �
0
Page 9 of 13
City of Seal Beach Planning Commission
Meeting Minutes of Febtvary 9, 2005
Mr. Abbe explained that in completing his research on this issue, he found that in 1987
the beer and wine companies had successfully lobbied the state legislature to approve a
3 statewide law prohibiting cities form outlawing the sale of alcohol at gas stations. He
4 noted that this law applies to charter cities as well. He explained that this does not limit
5 all of the City's control over this issue. The City can still require approval of a CUP for
6 service stations having convenience markets that sell alcohol, but the City cannot
7 outlaw it outright. He recommended that the text prohibiting alcohol sales not be
8 included in the revisions, as this would be unenforceable. He indicated that other cities
9 have imposed distance limitations for proximity of gas stations with convenience stores
10 selling alcohol, or have limited proximity to sensitive areas such as residences, schools,
11 or religious institutions.
12
13 Ms. Teague indicated that in every case, the sale of alcohol would still be subject to
14 CUP approval allowing the PC to impose conditions of approval. She then proceeded
15 to review the proposed definition for Convenience Market as it appears at the bottom of
16 Page 2 of the Staff Report.
17
18 Commissioner Roberts asked that the Senior Planner address food establishment
19 activities associated with convenience markets. Ms. Teague stated that in the C -2
20 Zone, which is where service stations are allowed, food uses are also allowed, and any
21 time there is a change in the operational characteristics of a service station this would
22 have to come before the PC for review. She noted that drive -thru uses would also
require discretionary approval.
25 Commissioner Ladner asked if there were a proximity limit for convenience stores being
26 next to general supermarkets. Ms. Teague reported that there is no limit, but if alcohol
27 sale were proposed with a convenience market, Staff would review these on a case -by-
28 case basis including the concentration of ABC licenses within that specific locale. She
29 noted that the two individuals who have approached the City with the request to add
30 convenience markets do not intend to include the sale of alcohol. •
31
32 Commissioner Shanks asked whether there were any requirement that these service
33 stations provide male and female ADA accessible restrooms. Ms. Teague stated that
34 any time a new structure goes up, the Building Code does require ADA standards. She
35 indicated that with an existing remodel there are different thresholds that would prompt
36 this, but with a major remodel, as proposed by Mr. Sal Hassan, ADA requirements
37 would have to be met. Mr. Whittenberg interjected that the requirement for separate
38 restrooms is based upon occupant load within the building itself. He said that if you are
39 under a certain number of people allowed in the building, then it must still be ADA
40 accessible, but it could be a co -ed restroom. He indicated that this is a determination
41 made by the Building Department and the ADA Accessibility Standards. He noted that
42 - as a condition of approval of a CUP, the PC could impose additional requirements, if
43 they had a sound basis for making this recommendation. Commissioner Shanks noted
44 that many times restrooms are located outside and require a key, as opposed to having
45 them accessible from inside the store. Mr. Whittenberg stated that generally for all new
C , construction, you would see inside access to restroom facilities.
Page 10 of 13
City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
Ci Commissioner Roberts stated that there are convenience markets at certain locations
throughout the city that are adjacent to residential areas. He asked whether the PC
3 could impose conditions restricting the sale of alcohol at a convenience market if they
4 are adjacent to a residential area. Mr. Abbe stated that how far the distance could be is
5 not set in stone, so the PC does have some leeway in determining this; however, they
6 could not specify something like a two -mile radius, for example.
7
8 Commissioner Shanks asked if arcade games are to be prohibited. Ms. Teague
9 indicated that other cities have prohibited arcade games, and it would be at the
10 discretion of the PC as to whether this should be included in the definition for
11 convenience markets. Commissioner Shanks stated that he is in favor of including this
12 prohibition in the definition. Mr. Whittenberg added that Staff should also include an
13 appropriate separation standard between residential, church, and school uses and a
14 service station with a convenience market that sells alcohol. Mr. Abbe noted that other
15 options are allowed, such as including a prohibition for the sale of alcohol when a
16 service station convenience market is in close proximity to another or close to another
17 establishment that already sells alcohol.
18
19 Commissioner Roberts stated that there is an advantage to looking at these applications
20 on a case -by -case basis rather than specifying a specific required distance or number of
21 existing establishments already selling alcohol. He suggested finding a way of stating
22 that the PC will address the issue of separation at the time of review of the CUP.
Commissioner Ladner agreed that doing this on a case -by -case basis would be best.
25 He noted that with Mr. Hassan proposing a convenience market at the Chevron station
26 at the corner of Seal Beach Boulevard and Westminster Avenue places it in close
27 proximity to the Seal Beach Market that already sells all types of alcohol and beverages.
28 Ms. Teague reiterated that the two proposals for convenience markets so far do not
29 include the sale of alcohol, but she emphasized that every time an application for a
30 convenience market is received it would have to go before the PC. She noted that the
31 existing Seal Beach Market would not have to come before the PC as a part of Mr.
32 Hassan's public hearing.
33
34 MOTION by Roberts; SECOND by Sharp to direct Staff to proceed with preparation of
35 the Zone Text Amendment to include the definition for convenience markets and the
36 requirement for approval under the Conditional Use Permit process. Staff is also to
37 provide language on separation standards to be determined on a case -by -case basis.
38
39 MOTION CARRIED: 4 0 —1
40 AYES: Ladner, Roberts, Shanks, and Sharp
41 NOES: None
42 ABSENT: Deaton
43
44
C
Page 11 of 13
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
ATTACHMENT 5
PLANNING COMMISSION MINUTE
EXCERPT RE ZONE TEXT AMENDMENT
05 -1, PLANNING COMMISSION MEETING
OF MARCH 23, 2005, AND PLANNING
COMMISSION STAFF REPORT DATED
MARCH 23, 2005
14
March 23, 2005
STAFF REPORT
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: Study Session - Convenience Markets in Conjunction with
Automobile Service Stations
Recommendation: Conduct Study Session to Review Draft Revisions to Zoning Text
Background
On December 8, 2004, Planning Commission discussed the matter of secondary uses in
conjunction with Automobile Service Stations in response to a request for Planning
Commission interpretation and discussion of convenience markets. At that meeting, the
Planning Commission directed the Development Services Department to develop changes
to the Zoning Code to bring back to the Planning Commission revisions to define
"convenience market" and add convenience markets as an allowable use subject to the
issuance of a Conditional Use Permit.
The Planning Commission, at its meeting held February 9, 2005, discussed the definition
of "convenience market" and directed staff to particularly address the issue of alcohol
sales and limitations on locations in relation to nearby sensitive uses such as schools,
parks, churches and proximity to other businesses selling alcohol.
Discussion
Staff worked with City Attorney Alexander Abbe to develop specific locational
limitations in response to concerns of the Planning Commission.
Legally, convenience markets cannot be included in the Code if they prohibit all alcohol
sales. Though alcohol cannot be completely disallowed, it is legal and appropriate to
develop standards which would assure the sale of alcohol in convenience markets is not
detrimental to neighboring areas. The following limitations have been included in the
proposed revision to the Code to address alcohol- related concerns:
1. As is the case throughout the City of Seal Beach, the sale of alcohol requires
specific approval by the Planning Commission through a Conditional Use Permit.
2. Alcohol sales in conjunction with convenience markets will be limited to beer and
wine only.
3. Convenience markets will be permitted with Automobile Service Stations in only
the General Commercial (C -2) zone.
= 4. Limitations within 1000 feet of sensitive uses such as parks, churches and
schools.
1
Planning Commission Study Session
• Convenience Markets
March 23, 2005
5. Convenience markets selling alcohol must meet City of Seal Beach and California
Department of Alcoholic Beverage Control restrictions, including proximity to
residences within 100 feet.
It should be noted that proximity to other nearby businesses selling alcohol was a concern
raised during discussion of the Planning Commission at the February 9 study session.
Since each application for Conditional Use Permit with alcohol sales is considered on a
case -by -case basis, and since over - concentration of alcohol sales outlets is considered for
all Conditional Use Permits for alcohol sales, it is not recommended that specific distance
limitations be codified for nearby businesses selling alcohol. Instead, each application
should be considered based on its unique case. Staff seeks approval on this analysis to
verify the Planning Commission is in agreement on the matter of proximity to nearby
businesses.
Current Code Section 28 -2318 with Convenience Market Added
The proposed change is noted below in bold text. Automobile Service Stations are
allowable in the C -2 General Commercial Zone, subject to a conditional use permit.
Uses permitted, according to Section 28 -2318 (2), include:
"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."
Proposed Convenience Market Definition
Convenience Market: Accessory use to service station. Retail sales of food,
beverages and small convenience items primarily for off - premises 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.
When the Zoning Code is modified to allow convenience markets, the Automobile
Service Station Code Section 28 -2318 definition for "convenience market" will be added
and "convenience market" will be listed as an allowable component of a service station.
2
Planning Commission Study Session •
•
Convenience Markets
March 23, 2005
Upon approval of the anticipated Code revision, any existing service station seeking to
change its operation to include a convenience market will require Planning Commission
approval through a new Conditional Use Permit.
Recommendation
Conduct Study Session to review proposed revisions to Zoning Code. Upon approval by
the Planning Commission, it is anticipated this matter will be on the agenda as Zoning
Text Amendment 05 -1 for consideration at the next scheduled Planning Commission
meeting to be held April 6, 2005.
Christy D. Teagu AICP
Senior Planner
Department of Development Services
Attachments: (4)
Attachment 1: Staff Report to Planning Commission December 8, 2004
and Excerpt of Minutes from December 8, 2004 Planning
Commission Meeting
Attachment 2: Staff Report to Planning Commission February 9, 2005 and
Excerpt of Minutes from February 9, 2005 Planning
Commission Meeting
Attachment 3: Current Code Section 28 -2318 Automobile Service
Stations; Performance and Development Standards
Attachment 4: Proposed Code Section 28 -2318 Automobile Service
Stations; Performance and Development Standards
•
3
City of Seal Beach Planning Commission
Meeting Minutes of March 23, 2005
1 available, but would probably not be used much due to a high - pressure valve system
2 located near the gated entrance.
3
4 Commissioner Deaton stated that she had visited the site and was quite impressed with
5 the proposed project. She said that Mr. Ininns has done an excellent job.
6
7 Mr. Dave Evans, representative for the Surfside Homeowners Association, spoke in
8 favor of the project and noted that they have reviewed Mr. Ininns' letter, which was
9 forwarded to the Commissioners, and are in agreement with everything he has written.
10 He stated that Surfside Colony is excited about proceeding with this project.
11
12 There being no one. else wishing to speak, Chairperson Ladner closed the public
13 hearing.
14
15 Commissioner Roberts referred to Section 6, Item (e) of Resolution 05 -6 and asked Ms.
. 16 Teague if the wording could be revised to eliminate the word "not." Mr. Whittenberg
17 recommended that the text be revised to read " ... which the strict application of the
18 Code would deprive such property of privileges enjoyed by other property in the same
19 vicinity and zone." The Commission was in agreement.
20 .
21 Commissioner Sharp stated that granting a Variance is a very unusual action for the
22 Planning Commission; however, given the fact that the Surfside Homeowners
23 Association supports this project, he would be in favor of approval.
24
25 Commissioner Deaton noted that at the March 9, 2005 meeting the PC had considered
26 either approving the Variance or creating a "D" Row of homes, and after visiting the site,
27 she believes it is better to go with the Variance.
28
29 MOTION by Deaton; SECOND by Shanks to approve the Variance 05 -2 and adopt
30 Resolution 05-6 as amended.
31
32 MOTION CARRIED: 4 — 0 —1
33 AYES: Deaton, Roberts, Shanks, and Sharp
34 NOES: None
35 ABSENT: None
36 ABSTAIN: Ladner -
37
38 Ms. Lee advised that the adoption of Resolution No. 05 -6 begins a 10 -day calendar
39 appeal period to the City Council. The Commissioner action tonight is final and the
40 appeal period begins tomorrow morning.
41
42 STUDY SESSION
43
44 8. Service Station Convenience Market Development Standards.
45
• Page 7 of 11
0
City of Seal Beach Planning Commission
Meeting Minutes of March 23, 2005
1 Staff Report
2
3 Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
4 Planning Department.) She provided background information on this item and noted
5 that at the last study session the PC had expressed concern over alcohol sales in
6 service station convenience markets and that on Page 1 of the Staff Report text is
7 provided for 5 limitations to help address these concerns. She reviewed the limitations
8 and noted that in looking at alcohol sales in convenience markets each case will be
9 evaluated individually with regard to over concentration of ABC licenses and how the
10 business fits within the community. She indicated that Staff did not include provisions
11 for alcohol sale proximity to another business. Ms. Teague stated that Staff anticipates
12 returning at the next PC meeting with the Zone Text Amendment (ZTA) to include
13 convenience markets in conjunction with service stations.
14
15 Chairperson Ladner asked if limitations for proximity to another business selling alcohol
16 were to be included. Ms. Teague stated that this was not included as it is expected that
17 this will be reviewed on a case -by -case basis. She noted that when reviewing zoning
18 matters based on what is currently there, given the fact that businesses change all of
19 the time, and alcohol sales might not be included in the use, Staff did not want to
20 preclude this without the PC having a chance to review this.
21
22 Commissioner Shanks asked if these limitations are to be included in the new Code
23 language. Ms. Teague stated that they would be included.
24
25 Mr. Whittenberg stated that Staff is proposing to make the language clear so that
26 applicants will understand the basic criteria the PC will expect to review.
27
28 Commissioner Shanks asked what criteria California Alcohol & Beverage Control (ABC)
29 uses to determine the concentration of licenses. He asked if the Main Street area
30 extends up to the Westminster Avenue /Seal Beach Boulevard area. Mr. Whittenberg
31 explained that the over concentration criteria is developed by census tracts, which are
32 federal census areas used for population purposes. He said that basically Old Town is
33 • one census tract with the others being The Hill, the Boeing Property up to Westminster
34 Avenue, Leisure World as two separate tracts, College Park East (CPE), and College
35 Park West (CPW), which is part of the census tract for Los Alamitos and Rossmoor.
36
37 Commissioner Roberts noted that in Section M of the Proposed Code section there was
38 no restriction for alcohol sales within 100 feet of a residential area. He asked if the City
39 Council policy and the ABC requirements would govern this limitation? Mr. Whittenberg
40 stated that the 100 feet in the policy issue would remain, as City Council policy is based
41 upon an ABC regulation, which states that ABC will evaluate and may not approve if
42 alcohol sales fall within 100 feet, but it does not state that ABC will not approve this.
43
•
44 Commissioner Deaton asked about Limitation No. 2, noting the City Attorney had
45 counseled that alcohol sales cannot be prohibited. She asked if the City could restrict
46 the kind of alcohol that can be sold. Ms. Teague stated that the City Attorney is
•
Page 8 of 11
City of Seal Beach Planning Commission
Meeting Minutes of March 23, 2005
1 comfortable with this and had suggested limiting sales to beer and wine for convenience
2 markets. Commissioner Deaton then asked related to Limitation No. 3, how many
3 service stations are located outside a C -2 General Commercial Zone? Ms. Teague
4 reported that there are none, as service stations are only permitted in the C -2 Zone.
5 Commissioner Deaton then stated that she is not certain what Limitation No. 4 means.
6 She asked what the word "limitations" refers to. Mr. Whittenberg responded that this
7 means convenience markets are not permitted within 1,000 feet of these sensitive uses.
8 Commissioner Deaton asked that the text be revised to make this clearer. Ms. Teague
9 stated that in the proposed text for the ordinance the text reads, "The business shall not
10 be located within 1000 feet of a park, religious institution, or school ..."
11
12 Mr. Whittenberg stated that if the Commissioners are comfortable with what has been
13 presented, Staff would proceed to process a formal Zone Text Amendment (ZTA) to
14 bring back at a public hearing for consideration and recommendation to City Council.
15 The Commissioner was in agreement with the information presented. Commissioner
16 Roberts emphasized that residential areas must be carefully considered when reviewing
17 applications for service station convenience markets selling alcohol.
18
19
20 STAFF CONCERNS .
21
22 Mr. Whittenberg noted that .regarding the potential sale of The Seal Beach Inn, as
23 mentioned during Oral Communications, Staff has been approached by individuals
24 indicating that the property is available for sale and who had inquired about changing
25 the use of the property to single - family residential. He said that Staff did explain to
26 these individuals that the historical significance of this property would very quickly rise
27 to the forefront as a major issue related to this property.
28
29
30 COMMISSION CONCERNS
31
32 Commissioner Sharp inquired about work on the Carl's Jr. Restaurant. Mr. Whittenberg
33 stated that the developer is waiting for the ground to dry out enough to allow for pouring
34 of the foundation. He noted that the Seal Beach area has had the wettest winter since
35 1877. Commissioner Sharp asked if there were further information on the proposed
36 hotel for the Boeing property. Mr. Whittenberg stated that there is nothing new to
37 report. Commissioner Sharp then thanked Staff for getting all of the necessary
38 approvals completed to begin work on "the new Leisure World buildings.
39
40 Commissioner Deaton stated that she would like Staff to put together a list of the
41 historic homes that remain in Seal Beach, so that the PC could begin to send
42 recommendations to City Council for preservation of historic structures. She noted that
43 the Seal Beach Inn is a nationally recognized bed and breakfast and is a historic
44 structure, which the City should not risk losing to another set of row houses. She
45 indicated that the Krenwinkle home was moved and has been preserved as a beautiful
46 new bed and breakfast. She also mentioned the historic home at the corner of Ocean
•
Page 9 of 11
Public Hearing - Zone Text Amendment 05 -1
Convenience Markets
City Council Staff Report
April 25, 2005
ATTACHMENT 6
PLANNING COMMISSION MINUTE
EXCERPT RE ZONE TEXT AMENDMENT
05 -1, PLANNING COMMISSION MEETING
OF APRIL 6, 2005, AND PLANNING
COMMISSION STAFF REPORT DATED
APRIL 6, 2005
0
15
April 6, 2005
STAFF REPORT
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: ZONING TEXT AMENDMENT 05 -1
City Wide Change to Allow Convenience Markets in Conjunction with
Automobile Service Stations With Planning Commission Approval through
Conditional Use Permit
REQUEST
To amend the Code of the City of Seal Beach to allow convenience markets in conjunction with
automobile service stations. Under the proposed changes, any applicant requesting a convenience
market as part of an automobile service station use would require Planning Commission approval
through a Conditional Use Permit.
BACKGROUND
On December 8, 2004, the Planning Commission discussed the matter of secondary uses in
conjunction with Automobile Service Stations in response to a request for Planning Commission
interpretation and discussion of convenience markets. At that meeting, the Planning
Commission directed the Development Services Department to develop changes to the Zoning
Code to bring back to the Planning Commission revisions to define "convenience market" and
add convenience markets as an allowable use subject to the issuance of a Conditional Use Permit.
On February 9, 2005, the Planning Commission discussed the definition of "convenience
market" and directed staff to particularly address the issue of alcohol sales and limitations on
locations in relation to nearby sensitive uses such as schools, parks, churches and proximity to
other businesses selling alcohol.
On March 23, 2005, the Planning Commission reviewed and discussed the proposed restrictions
on alcohol sales as part of Automobile Service Station Convenience Markets and directed staff to
proceed with Zoning Text Amendment 05 -1 to allow convenience markets with automobile
service stations, subject to approval of the Planning Commission through a Conditional Use
Permit.
Planning Commission Staff Report
Zoning Text Amendment 05 -1
April 6, 2005
If approved through Planning Commission Resolution 05 -15, the recommended change to the
Code will be considered by the City Council at the next possible regularly scheduled meeting of
the City Council.
DISCUSSION
The City Code sets forth certain activities allowable with Automobile Service Stations.
Automobile Service Stations require approval of the Planning Commission through a Conditional
Use Permit. If an existing Automobile Service Station is to be remodeled or seeks a change of
operational characteristics such as introducing a car wash use, a Conditional Use Permit is
required. If the Code is changed to allow convenience markets, a Conditional Use Permit will be
required in each case.
If a convenience market or other secondary use is proposed as part of an Automobile Service
Station operation, each use must provide adequate parking on the property.
Legally, convenience markets cannot prohibit all alcohol sales. Though alcohol cannot be
completely disallowed, it is legal and appropriate to develop standards which would assure the
sale of alcohol in convenience markets is not detrimental to neighboring areas. Limitations have
been included in the proposed revision to the Code to address specific alcohol- related concerns.
Proposed Code Section 28 -221.5 Convenience Market Defmition
Convenience Market: Accessory use to automobile service station. Retail sales of food,
beverages and small convenience items primarily for off - premises 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.
Current Code Section 28 -2318 (B)with Convenience Market Added
The proposed change is noted below in bold text. Automobile Service Stations are allowable in
the C -2 General Commercial Zone, subject to a Conditional Use Permit. Uses permitted,
according to Section 28 -2318 (B), include:
"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
Page 2
Planning Commission Staff Report
Zoning Text Amendment 05 -1
April 6, 2005
service vehicles shall be stored upon the site. Wrecked or dismantled vehicles shall
be removed from the site within forty-eight hours."
Proposed Code Section 28 -2318 (M) Limitations on Alcohol Sales at Convenience Markets
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.
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 1000 feet of a park, religious
institution or school, 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.
RECOMMENDATION
Staff recommends approval of Zoning Text Amendment 05 -1 through Resolution 05 -15, with
any amendments determined appropriate by the Commission.
FOR: April 6, 2005
4 A 4 4:14
Christy D. Teague, P
Senior Planner
Page 3
Planning Commission Staff Report
Zoning Text Amendment 05 -1
April 6, 2005
Attachments: (6)
Attachment 1: Staff Report to Planning Commission December 8, 2004 and
Excerpt of Minutes from December 8, 2004 Planning Commission
Meeting
Attachment 2: Staff Report to Planning Commission February 9, 2005 and
Excerpt of Minutes from February 9, 2005 Planning Commission
Meeting
Attachment 3: Staff Report to Planning Commission March 23, 2005 and Excerpt
of Minutes from March 23, 2005 Planning Commission Meeting
Attachment 4: Current Code Section 28 -2318 Automobile Service Stations;
Performance and Development Standards
Attachment 5: Proposed Code Section 28 -2318 Automobile Service Stations;
Performance and Development Standards
•
Attachment 6: Proposed Resolution 05 -15
Page 4
D D �y /,� F 1i City of Seal Beach Planning Commission
L Meeting Minutes of April 6, 2005
1 PUBLIC HEARINGS
2
3 4. Zone Text Amendment 05 -1
4 Citywide
5
6 Applicant/Owner: City of Seal Beach
7 Request: To amend the Code of the City of Seal Beach to allow
8 convenience markets as a permitted use in conjunction with
9 automobile service stations. Under the proposed changes
10 any applicant requesting a convenience market as part of an
11 automobile service station would require a Conditional Use
12 Permit.
13
14 Recommendation: Approval subject to conditions and adoption of Resolution
15 05 -15.
16
17 Staff Report
18
19 Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
20 Planning Department.) She provided some background information on this item and
21 noted that at its February 9, 2005 meeting the PC had directed Staff to particularly
22 address the issue of alcohol sales and limitations on locations for convenience markets
23 in relation to nearby sensitive uses, such as schools, parks, churches, and proximity to
24 other businesses selling alcohol. She stated that at its meeting of March 23, 2005, the
25 PC reviewed the proposed restrictions on alcohol sales as part of an automobile service
26 station convenience market and had directed Staff to proceed with Zone Text
27 Amendment 05 -1 (ZTA) to allow convenience markets subject to PC approval of a
28 Conditional Use Permit (CUP). If ZTA 05 -1 is approved, the recommended change to
29 the Code will be considered by CC at the next possible scheduled meeting. She stated
30 that Staff recommends approval of ZTA 05 -1 and adoption of Resolution 05 -15 with any
31 revisions determined appropriate.
32
•
33 Commissioner Question
34
35 None.
36
37 Public Hearing_
38
39 Chairperson Ladner opened the public hearing.
40
•
41 There being no one wishing to speak, Chairperson Ladner closed the public hearing.
42
43 MOTION by Roberts; SECOND by Sharp to adopt Resolution 05 -15 as presented
44 recommending to the City Council approval of Zone Text Amendment 05 -1.
45
46 MOTION CARRIED: 4 — 0 —1
Page 7 of 10