ORD 217 ORDINANCE NO . 217
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 16 .04 , ADDING CHAPTER 17 . 25 , AND MAKING SEVERAL
MISCELLANEOUS REVISIONS TO THE DEVELOPMENT CODE AS CODE
AMENDMENT NO. 23 .
WHEREAS , the City Council initiated Code Amendment No .
23 in December 1986 .
WHEREAS , the Planning Commission held duly noticed
public hearings on January 13 , and January 27 , 1987 at which
time all interested parties were given an opportunity to be
heard and to present evidence .
WHEREAS , the Planning Commission has considered the
contents of the Initial Study for Environmental Assessment
No . 502 .
WHEREAS , the Planning Commission recommended Code
Amendment No . 23 to the City Council on February 10 , 1987 in
Resolution P .C. No . 87-9 .
WHEREAS , the City Council held a duly noticed public
hearing on March 4 and March 17 , 1987 at which time all
interested parties were given an opportunity to be heard and
present evidence .
WHEREAS , the City Council considered the contents of the
Initial Study for Environmental Assessment No . 502 and
approved a Negative Declaration.
NOW, THEREFORE , the City Council of the City of Rancho
Palos Verdes does hereby ordain as follows :
Section 1 : Chapter 16 .04 of Title 16 of the Rancho
Palos Verdes Municipal Code is amended by adding Sections
16 . 04 . 315 and 16 .04 . 665 to read :
16 .04 .315 Convenience Store . "Convenience store" means
I/ a retail grocery, generally open to the public before 8 :00
A .M . or after 9 :00 P .M . that is intended to conveniently
provide a wide variety of products and services such as
packaged food items , sundry household products , heated ,
cooked , or otherwise prepared snacks , self-serve beverage and
dairy product vending machines , soup or salad bars , alcoholic
beverages , and/or various personal and entertainment services
such as ATM' s , and video tape rentals , and not characterized
by the predominant sale of a single type of product such as
alcoholic beverages or fast food . The Director of
Environmental Services shall determine whether a single type
of product or service is predominant .
Ordinance No . 217
Page 1
A convenience store and an automobile service station may not
be jointly operated .
Section 2 : Chapter 17 . 18 of Title 17 of the Municipal
Code is hereby amended by adding Section 17 . 18 .030 to read :
17 . 18.030 Uses allowed by Conditional Use Permit .
I/
D. Convenience stores .
Section 3 : Chapter 17 . 20 of Title 17 of the Municipal
Code is hereby amended by adding Section 17 . 20 .030 to read :
17 .20 .030 Uses allowed Conditional Use Permit .
F. Convenience stores .
Section 4 : Chapter 17 . 23 of Title 17 of the Municipal
Code is hereby amended by adding Section 17 .23 .030 to read :
17 .23 .030 Uses allowed by Conditional Use Permit .
G. Convenience stores .
Section 5 : Chapter 17 . 25 of Title 17 of the Municipal
Code is hereby added to read :
Chapter 17 . 25
CONVENIENCE STORES
Sections :
17 . 25 .010 Purpose .
17 . 25 .020 Applicability.
17 . 25 .030 Development Standards .
17 .25 . 040 Operation Guidelines .
17 .25 .050 Alcoholic Beverage Sales .
17 . 25 .060 Enforcement .
17 .25 .010 Purpose . This chapter provides a framework
for the development , operation, and regulation of convenience
stores in Rancho Palos Verdes . This framework ensures that
convenience stores are developed and operated on adequate
sites , at proper and desirable locations with respect to
traffic patterns , adjacent land uses , and the goals and
objectives of the City ' s. General Plan and any applicable
specific plans . This framework further ensures that citizen
concerns about safety, privacy, design, proliferation, and
the joint sale of alcoholic beverages and motor fuels are
considered in reviewing applications for convenience stores .
17 . 25 .020 Applicability . A . Conditional Use Permit
Required . Any new convenience store , and any existing
convenience store that has been closed for business for more
than 180 consecutive calendar days shall not be developed or
Ordinance No . 217
Page 2
opened for business unless a conditional use permit is issued
by the Planning Commission pursuant to the requirements of
this chapter and chapter 17 . 56 . The development standards
and operation guidelines established in this chapter shall be
applied to all convenience stores approved by the Planning
Commission with a Conditional Use Permit .
B . Nonconforming Uses . 1 . Any existing convenience
store shall comply with Section 17 .25 .030 (A) (4) and Section
17 . 25 .050 (A-B) (unless modified by Conditional Use Permit)
within one year of the adoption of this ordinance . Any
intensification of use at any existing convenience store ,
including but not limited to , automated teller machines ,
video rentals , drive-up windows , increase in the number of
arcade games , or sit-down dining , requires approval of a
Conditional Use Permit pursuant to this chapter.
C . Findings . In order to approve a Conditional Use
Permit for a convenience store, the Planning Commission must ,
in addition to making the findings listed in Chapter 17 . 56 ,
make the findings listed below:
1 That the proposed convenience store will not
contribute to the undesirable proliferation of such uses
based on consumer demand within the market area of the store .
2 . That the proposed convenience store will be of a
design that respects the visual character of the site and is
an enhancement to the surrounding area .
3 . That the operation of this use , and , in particular ,
any sale , offer of sale , display for sale or other provision
of alcoholic beverages at this location, will not adversely
affect adjacent or nearby places of worship , schools , parks ,
recreation centers , playgrounds or residences .
4 . That where the proposed convenience store is within
three hundred (300) feet of a residential or institutional
use or zone boundary, it will be limited in hours of
operation , and/or designed and operated to avoid disruption
of residents ' sleep between the hours of 11 :00 p .m . and 6 : 00
a .m.
17 . 25 .030 Development Standards . A . Residential and
Institutional Interface . The standards that follow relate
specifically to reducing the impact of this use on adjacent
residential and institutional zones :
1 . Setbacks . A minimum twenty (20) foot landscaped
setback is required between the convenience store building
(including any accessory structures) and any adjoining
residential or institutional property lines The setback
shall be continuously maintained in an attractive manner and
shall not be used as a storage area for merchandise or
Ordinance No . 217
Page 3
discarded materials , or for parking .
2 . Spacing . The convenience store building must be at
least one hundred (100) feet away from any residential or
institutional building , not including residential or
institutional accessory buildings such as storage sheds or
detached garages .
3 . Public Entrances and Loading Areas . The site design
shall avoid including public entrances and loading areas that
face an adjoining residential or institutional zone boundary.
4 . Deliveries . Deliveries are not permitted before
6 : 00 a .m. or after 9 :00 p .m.
5 . Mechanical Equipment . Mechanical equipment must be
screened and/or covered so that it is not visible or audible
from adjacent residential or institutional zones . All
mechanical equipment shall be located as far as possible from
adjacent residential or institutional uses .
6 . Sensory . Noise and odors emanating from the
building shall be minimized by the use of appropriate sound
insulation techniques and filters .
7 . Trash Enclosures . Trash enclosures , of a design
approved by the Director of Environmental Services , shall be
integrated into the site landscaping and design and shall not
be located in any setback adjacent to a street , residential
use or zone , or institutional use or zone . At least four (4)
fifty-five (55) gallon outdoor trash containers enclosed in
decorative stone receptacles adjacent to each pedestrian
entrance are also required.
8 . Screening . Six (6) foot high solid decorative
masonry walls or equivalent dense landscaping may be required
along property lines if the Planning Commission determines
that the site should be screened from adjacent properties and
land uses .
9 . Height . Roof-mounted structures , equipment , and
antennas shall be limited to the lowest practical height that
minimizes view obstruction as determined by the Planning
Commission.
10 . Utilities . All utilities shall be placed
underground from the building to the point of connection to
public utility poles or transmission lines .
11 . Lighting . All exterior lighting shall be arranged
and shielded to prevent off-site illumination . Only ground
oriented , shielded an/or diffused lighting shall be allowed
in any area directly facing a residential or institutional
use or zone .
Ordinance No . 217
Page 4
12 . Roofing . Roofing material shall be consistent with
the design of the building and shall be of a color , material ,
and style that enhances the appearance of the building as
viewed from adjacent residential and institutional uses or
zones .
13 . Intensification of Use . Any accessory activities or
services that change or intensify the use of the store ,
including , but not limited to automated teller machines ,
video rentals , drive-up windows and sit-down dining, require
prior review and approval by the Director of Environmental
Services . The Director has the discretion to refer the
requested activity to the Planning Commission for review
except that :
a . Video and arcade games shall not be allowed.
b . Sale of prepared food items for immediate
consumption , such as sandwiches , ice cream, other fountain
items, hot coffee , and fresh doughnuts, shall only be allowed
if seventy-five (75) square feet of fixed , interior ,
singularly dedicated , seating area , designated solely for
patron use while consuming food products on-premises , is
provided . Food service area shall include any food
preparation areas , self-help food service areas , beverage
vending areas , seating areas , and reasonable queueing areas ,
as determined by the Director of Environmental Services .
14 . Signage . Signage shall conform to chapter 17 .52 .
15 . Maintenance . The site and store shall be maintained
in a neat and orderly manner and operated as specified by
Conditional Use Permit .
B. Design.
1 . Standardized architectural styles , forms , and
roof types , established through contractual agreements with
franchisors and used repetitively throughout Southern
California , state-wide, and nationally, shall be avoided.
2 . Designs based on the unique character of the
site , including topography, climate , aspect , location,
history, and prevailing architectural style are encouraged.
3 . Visually interesting designs incorporating
variations in horizontal and vertical planes , setbacks , bulk,
materials , and colors are encouraged .
4 . Landscaping and irrigation plans must be
approved by the Director of Environmental Services before a
certificate of occupancy is issued . Landscaping should be
coordinated with the building design and site lay-out to
provide open space , accents , relief, screening, and
buffering .
Ordinance No . 217
Page 5
C. Parking .
1 . One parking space per two hundred (200) square
feet of net leasable retail area is required except that :
a . Parking for food service areas shall be one
parking space per fifty (50) square feet of food service area
except that five (5) parking spaces shall be initially
provided for any size food service area .
2 . Parking areas adjacent to a street must be
screened with a thirty-six (36) inch wall or landscaped berm
except within an intersection visibility triangle .
17 .25 .040 Operation Guidelines . The guidelines that
follow shall be considered by the Planning Commission and may
be incorporated into conditions of approval for any
Conditional Use Permit for a convenience store . The Planning
Commission may determine that some or all of these guidelines
should not be applicable to a particular project provided
that the Planning Commission makes written findings to
support its determination.
A . Security Program . Store management may be required
to prepare and agree to a security program that requires :
1 . Attendance by all management personnel at a
Sheriff 's Crime Prevention Class to acquaint them with
personal safety, security , and crime prevention techniques ,
and other law enforcement concerns . Proof of attendance must
be provided annually prior to business license renewal .
2 . Staffing of the premises with at least two
employees during all hours that the store is open to the
public .
3. Adequate interior and exterior security
lighting.
4 . The counter area to be readily visible from the
street at all times .
5 . A policy concerning the amount of cash available
at the register .
6 . A limited access money depository on the
premises .
B . Hours of Operation . Limit hours of operation from
six (6 : 00) a .m . to eleven (11 :00) p .m . daily for any
convenience store located within three hundred (300) feet of
a residential or institutional use or zone boundary.
Ordinance No . 217
Page 6
17 . 25 .050 Alcoholic Beverage Sales . A . Alcoholic
beverage sales are not permitted in conjunction with the sale
of motor fuel at convenience stores or service station.
17 . 25 .060 Enforcement . A. Complaint Procedure . In the
event that written complaints are received regarding the
operation of the store , the Director of Environmental
Services shall investigate and may refer the complaints to
the Planning Commission . The Planning Commission will hold
an informal hearing to review the complaints and determine
whether a public hearing , pursuant to the procedural
requirements of chapter 17 . 56 , should be held to review the
Conditional Use Permit for the store.
1 . Public Hearing . If a public hearing is held to
review the Conditional Use Permit , the Planning Commission
may add , delete , or modify conditions of approval , or revoke
the Conditional Use Permit provided that the permit holder
has been notified and allowed an opportunity to be heard
before the Planning Commission.
2 . Appeal . Any decision by the Planning Commission to
add , modify, delete , or revoke may be appealed to the City
Council, pursuant to section 17 .56 .070 , within 15 calendar
days of the final Planning Commission decision.
Section 6 : Section 17 .26 .040 of Title 17 of the
Municipal Code is hereby amended to read:
17 .26 .040 Operations . A . Operation of an automobile
service station shall be limited to the sale of such
automotive items and services generally required in the
operation and maintenance of motor vehicles , and to the sale
of such non-automotive items as are required by the motorist .
The display of automotive merchandise shall be permitted only
within the building , or in enclosed cases on the pump
islands, or adjacent to the building outside . Non-automotive
items , such as cigarettes and soft drinks , may only be
displayed in vending machines , inside or outside the
building , in specially designed areas with the approval of
the Planning Commission . Any sales or display of non-
automotive items , other than items in vending machines and
temporary promotional gifts , is prohibited
PASSED , APPROVED , AND ADOPTED JUNE 2 : 1987 9 /
L/ --- -'''' -71 //
" May r
Ordinance No . 217
Page 7
ATTEST:
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I' City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I , JO PURCELL , City Clerk of the City of Rancho Palos Verdes
do hereby certify that the whole number of members of the
ordinance , being Ordinance No . 217 , was duly and regularly
adopted by the City Council of said City at a regular meeting
thereof held on June 2 , 1987 , and that the same was passed
and adopted by the following roll call vote :
AYES : RYAN, BACHARACH, McTAGGART, HINCHLIFFE & MAYOR HUGHES
NOES: NONE
ABSENT : NONE , IF
.., ..„ 4 r
City Clerk
I
Ordinance No . 217
Page 8
FILE!!
ORDINANCE/RESOLUTI ON N O ORD 217 IRO I
SUBJECT: AMENDIMG CHAPTER 16.04 ADDING CHAPT_' iLi u_ • ►
REVISIONS TO THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 23_
t
INTRODUCED: ADOPTED: 6/2/87 POSTED/PUBLISHED 6/9/87
ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION:
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RANCHO PALOS VERDES, CA 90274 500 Hall of Administration
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T.M. CABLEVISION Torrance, CA 90501
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Rancho Palos Verdes, CA 90274 ----SO. CALIFORNIA EDISON CO.
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