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27.75 Mixed Use Convenience Market/Automobile
Sections:
27.75.010 Intent.
27.75.020 Mixed Use Convenience Market/Automobile Service
Station: Special Use Permit Required.
27.75.030 Procedure.
27.75.040 Transitional Yards.
27.75.050 Twelve (12) Month Review.
27.75.060 Design Review Standards for Service Stations.
27.75.070 Conditions of Use.


27.75.010 INTENT. The intent of this chapter is to regulate the design and operation of.Mixed Use Convenience Market/Automobile Service Stations. (Ord. 1989-21 § 2 (part), 1989).

27.75.020 MIXED USE CONVENIENCE MARKET/AUTOMOBILE SERVICE STATION: SPECIAL USE PERMIT REQUIRED. No mixed use convenience market/automobile service station may be operated in the City except pursuant to a special use permit granted by the Planning Commission in accordance with this chapter. An application for such a special use permit may be filed for any property which is zoned to allow an automobile service station, either as a permitted or a special use. (Ord. 1989-21 § 2 (part), 1989).

27.75.030 PROCEDURE. The Planning Commission review and decision on an application for a special use permit for a mixed use convenience market/automobile service station shall be subject to the following:
(a)  Procedural requirements for the processing of a planning application contained in Title 27 of this Code, including but not limited to the requirements for notice in section 27.08.050, and an appeal in section 27.08.090.
(b)  Written findings, as set forth in Chapter 27.74 of this code (special use permits) and, in addition, finding that the location of the mixed use convenience market/automobile service station will not have a detrimental effect on abutting residential districts. The findings shall be based on substantial evidence in view of the whole record. (Ord. 1989-21 § 2 (part), 1989).

27.75.040 TRANSITIONAL YARDS. All mixed use convenience market/automobile service stations shall be separated from residential districts by at least one hundred (100) feet, measured from parcel line to parcel line. (Ord. 1989-21 § 2 (part), 1989).

27.75.050 TWELVE (12) MONTH REVIEW. Any approved Special Use Permit for a mixed use convenience market/automobile service station shall be reviewed once by the Planning Commission within twelve (12) months of the commencement of the mixed use operation. As a result of this review the Commission may modify or revoke the Special Permit upon finding that the use is being conducted in a manner adverse to the general health, safety and welfare of the community, and is causing injury or disturbance to adjacent properties by traffic, excessive noise, glare or litter. (Ord. 1989-21 § 2 (part), 1989).

27.75.060 DESIGN REVIEW STANDARDS FOR SERVICE STATIONS. All newly constructed convenience market/automobile service stations shall comply with the provisions of Chapter 27.77 [Design Review Standards for Service Stations]. Remodeling of an existing gas stations to add a convenience market shall not increase the nonconformity in the existing improvements or landscaping. Conditions of approval may be imposed requiring existing landscaping and structures to be upgraded to meet the requirements of Chapter 27.77. (Ord. 1989-21 § 2 (part), 1989).

27.75.070 CONDITIONS OF USE. The following conditions shall apply to all Special Use Permits for mixed use convenience market/automobile service station:
(a)  A litter control plan shall be submitted with an application. The litter control plan shall indicate the location of trash receptacles and provisions for employee maintenance of the site.
(b)  The hours of operation for the convenience market shall be established by Special Permit with consideration of the potential impacts upon adjacent residential areas.
(c)  There shall be at least one (1) qualified attendant on duty while the automobile service station is open. Qualification shall be established to the satisfaction of the Fire Marshal or authorized representative prior to occupancy and shall include such factors as ability to supervise, observe and control the dispensing of flammable or combustible liquids into the fuel tank of motor vehicles or approved container, knowledge of the location and in the operation of fire extinguishers, ability to control sources of ignition and give immediate attention to accidental spills, if needed, in accord with Article 79 of the Uniform Fire Code.
(d)  The operation shall provide an on-premise silent alarm system connected to an approved central station or direct hook-up to the Communications Center at the San Mateo Police Department.
(e)  A crime prevention program, subject to approval of the Police Department, shall be submitted with an application.
(f)  The following shall apply to the sale of alcohol:
(1)  No alcoholic beverages shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.
(2)  No sale of alcoholic beverages shall be made from a drive-in window.
(3)  No display or sale of alcoholic beverages shall be made from an ice tub.
(4)  No alcoholic beverages advertising shall be located on motor fuel islands and no self-illuminated advertising for alcoholic beverages shall be located on buildings or windows.
(5)  Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age if alcoholic beverages are to be sold during those hours.
(6)  On-sale alcoholic beverages shall be prohibited; no consumption of alcohol shall occur on site. (Ord. 1989-21 § 2 (part), 1989).


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