The intent and purpose of this chapter is to regulate the establishment and operation of automotive fueling stations in order to ensure compatibility between fueling stations and surrounding land uses. Furthermore, it is the intent and purpose of this chapter to promote pedestrian and vehicular safety in and around automotive fueling stations, and to prevent automotive fueling stations from having negative effects upon the development or redevelopment of property in the vicinity of existing or proposed fueling stations.
(Ord. 4950 § 3, 2010)
The establishment of an automotive fueling station requires approval of a conditional use permit pursuant to Chapter 17.50 of this title. This requirement applies to the construction of new fueling stations, the reopening of existing fueling stations that have been closed for a period of at least 12 months, and the renovation of existing fueling stations when the renovation includes the construction, expansion or relocation of buildings or pump islands. Furthermore, any existing fueling station that is annexed by the city shall obtain approval of a conditional use permit within nine months of annexation or shall be considered a lawful nonconforming use. In obtaining conditional use permit approval, the annexed fueling station must satisfy the criteria listed in this section related to permitted and prohibited activities and services, trash enclosures, storage space, and landscaping within one year. However, the planning commission shall have the authority to modify these requirements if finds that practical difficulties exist, which would make such requirements impossible or impractical to satisfy. New automotive fueling stations may only be established in the C-N, C-G, C-R, and C-M zones.
(Ord. 4950 § 3, 2010)
Fueling stations existing prior to January 1, 1973, and fueling stations annexed by the city, which obtain a conditional use permit, but which do not comply with the permitted and prohibited activities and services, or the requirements regarding trash enclosures, storage space, and landscaping, shall be considered lawful nonconforming uses and subject to the provisions of Chapter 17.120.
(Ord. 4968 § 73, 2011)
In addition to the sale of automotive fuels, propane, motor oil, automotive fluids, windshield wipers, and other automotive accessories, the following activities may be conducted at an automotive fueling station, if specifically approved with the granting of a conditional use permit:
A. 
The sale and installation of tires.
B. 
Automotive service and repair as defined in Chapter 17.105, excluding major engine and transmission repair. All service and repair activities must be conducted completely within an enclosed building.
C. 
The conduct of a convenience market.
D. 
The conduct of a car wash.
E. 
The sale of beer and wine, subject to the requirements listed in Chapter 17.210 and Section 17.215.070.
F. 
Pay telephones.
G. 
Other uses determined by the planning commission to be compatible with the fueling station and surrounding land uses.
(Ord. 4950 § 3, 2010; Ord. 4968 § 75, 2011; Ord. 5018 § 100, 2015)
The hours of operation for a fueling station may be limited as part of the conditional use permit approval. In limiting the hours of operation for a fueling station, the planning commission shall consider the following:
A. 
Proximity to residential uses and other sensitive land uses;
B. 
The sale of beer and wine;
C. 
Crime statistics for the district in which the fueling station is located;
D. 
The presence of accessory activities and equipment such car washing, automotive fueling and repair activities, and vacuum cleaners.
(Ord. 4950 § 3, 2010)
Beer and wine may be sold within a convenience market at a fueling station, subject to the criteria listed below and also in Chapter 17.210.
A. 
No beer or wine shall be displayed within five feet of the cash register or the front door, unless it is in a permanently affixed cooler.
B. 
No advertisement of beer or wine shall be displayed at motor fuel islands.
C. 
No sale of beer or wine shall be made from a drive-in window.
D. 
No sale of beer or wine shall be made from an ice tub.
E. 
No self-illuminated advertising for beer or wine shall be located on buildings or windows.
F. 
All employees shall be at least 21 years of age to sell beer and wine.
G. 
The space allotted to the display of beer and/or wine shall not exceed 10 percent of the total available retail floor space in the convenience market.
H. 
No video games shall be located within 15 feet of any beer or wine display.
(Ord. 4950 § 3, 2010)
Fueling stations shall be located only in the C-N, C-G, C-R and C-M zones and only at locations meeting the following criteria:
A. 
Corner sites at the intersection of two dedicated public streets;
B. 
Lots which side on a freeway right-of-way;
C. 
Shopping centers with an area equal to or greater than two acres.
(Ord. 4984 § 76, 2013)
Fueling stations shall meet the following minimum area requirements:
A. 
Corner Site and Freeway Adjacent Site. The minimum area of a corner site, or a site that sides on a freeway right-of-way shall be 20,000 square feet, with a minimum of 150 linear feet on one street.
B. 
Shopping Center Site. When fueling stations are developed as a part of a commercial development with an area greater than two acres, the fueling station sites may be reduced to 1,500 square feet, providing the additional required area is provided within the mutual parking and access areas.
(Ord. 4950 § 3, 2010)
All buildings shall be set back from street frontage property lines a minimum of 15 feet, pump islands parallel to the adjacent street shall be situated a minimum of 16 feet from all property lines, pump islands perpendicular to the adjacent street shall be a minimum of 24 feet from all property lines, and canopies shall be a minimum of five feet from any street frontage property line. No setback shall be required for buildings to interior property line, except if the adjacent property is zoned residential, a setback of 15 feet shall be required.
(Ord. 4950 § 3, 2010)
There shall be a minimum of one parking space for each pump island and two parking spaces for each service bay. If the fueling station includes a convenience market, additional parking at a ratio of one space per each 250 square feet of floor area shall be required for the area dedicated to the convenience market. All such parking spaces shall be marked clearly and shall meet all city ordinances and standards as to size and accessibility.
(Ord. 4950 § 3, 2010)
Fueling station sites shall be separated from abutting property by a six-foot-high masonry wall constructed on the property line. Such walls shall be reduced to 42 inches in height 10 feet from street frontage property lines. Walls need not be installed when building walls or other acceptable walls already exist on such property lines, or the fueling station is part of a shopping center development. The wall requirement may be modified as part of the conditional use permit.
(Ord. 4950 § 3, 2010)
Each fueling station shall have a storage area. The required storage area may be constructed outside of the main building, providing that it be enclosed with a view-obscuring gate made of a durable metal material, and be roofed and contiguous to the main building, unless approved otherwise as part of the conditional use permit.
(Ord. 4950 § 3, 2010)
At least 8% of the site shall be landscaped with plant materials. Planting areas shall include, but not be limited to, the following:
A. 
Four-feet-inside-dimensioned planters along all exterior property lines, except for driveways. Planters may be rounded at driveway entrances;
B. 
A planting area at the intersecting corner of the site, from curb cut to curb cut, containing a minimum of 150 square feet of landscaping;
C. 
A series of tree wells, each situated a maximum distance of 20 feet on center along all interior property lines, having a minimum inside dimension of four feet square and containing at least one 15-gallon tree of a variety, subject to city approval;
D. 
Except for common traffic drive aisles, fueling stations within shopping centers or tourist centers shall be delineated from the remainder of the property by a landscaped buffer with minimum inside dimensions of four feet and enclosed by a six-inch concrete curb. Common and integrated traffic drive aisles between the fueling station and the remainder of the property shall be encouraged;
E. 
Plant material shall be subject to the requirements listed in Chapter 17.195 and shall be chosen for attractiveness, drought tolerance, durability and ability to screen sound and visual elements. Plantings shall include a mixture of trees, shrubs and ground cover. Artificial plant material shall be prohibited except that ground cover may be of rock, bark or artificial turf. All planting areas shall be provided with a permanent irrigation system designed by a licensed landscape architect or licensed landscape contractor and of a design suitable for the type and arrangement of the plant materials selected.
(Ord. 4950 § 3, 2010)
On-site light shall be required that is adequate for pedestrian and vehicular safety and sufficient to minimize security problems. However, in no case shall the lighting create a nuisance to any surrounding properties.
(Ord. 4950 § 3, 2010)
Tires, windshield wipers, lubricants, automotive fluids, and similar auto-related merchandise may be displayed outdoors in racks or cabinets provided that such racks or cabinets not be located within 15 feet of any street property line or in conflict with any designated on-site drive aisles or parking spaces.
(Ord. 4950 § 3, 2010)
Accessory outdoor equipment including, but not limited to, compressed air and water stations, vacuum cleaners, propane tanks, pay telephones, etc. may be permitted outside of required drive aisles and parking stalls and subject to the following distance and screening requirements:
A. 
Pay telephones shall visible from, and shall be set back at least 15 feet from, the public right-of-way.
B. 
Vacuum cleaners shall not be located within 15 feet of the public right-of-way, nor within 50 feet of residentially zoned property or other sensitive land uses.
C. 
Other accessory equipment such as compressed air and water stations shall be located at least 15 feet from the public right-of-way and from any residentially zoned property.
D. 
Exceptions may be made to the setbacks listed above for equipment that is required by other agencies and is related to soil contaminant remediation, and for equipment related to air quality management. Unless specifically addressed in the approving conditional use permit, such exceptions shall be at the discretion of the director. All such equipment shall be screened from view of the public right-of-way by buildings. landscaping or an equipment enclosure. Such landscaping and equipment enclosures are subject to the approval of the director.
(Ord. 4950 § 3, 2010)