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ORD 232 ORDINANCE NO. 232 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ISSUING A NEGATIVE DECLARATION AND AMENDING CHAPTER 16 . 04, 17 . 18, 17 . 20, 17 . 23, 17 . 24, 17 . 25 AND 17 . 56 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 27 . WHEREAS, the City has initiated Code Amendment No. 27 , controlling the concurrent sale of alcoholic beverages and motor vehicle fuel for commercial zones in the City in response to state legislation that mandates that no City or County shall prohibit, except with a specified exception, the concurrent retailing of motor vehicle fuel with alcohol for off-sale consumption in zoning districts where the zoning allows alcohol and motor vehicle fuel to be retailed on separate sites; and WHEREAS, the Planning Commission; pursuant to a public hearing on March 8, 1988 adopted P.C. Resolution No. 88-12 recommending approval of the proposed Code revisions to the City Council; WHEREAS, the City Council held a duly noticed public hearing on May 3, 1988 at which time all interested parties were given an opportunity to be heard and present evidence. WHEREAS, the Code revision is necessary to ensure the Development Code is consistent with state law to ensure that the concurrent sale of alcohol and motor vehicle fuel is not detrimental to the health, safety and welfare of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1 : That the Code revisions are necessary to amend the language of the Development Code, in response to state legislation that mandates than no City or County shall prohibit, except with a specified exception, the concurrent retailing of motor vehicle fuel with alcohol for off-sale consumption in zoning districts where the Zoning Ordinance allows alcohol and motor vehicle fuel to be retailed on separate sites Section 2 : The City Council and the Planning Commission find that the Code revisions are consistent with the intent of the General Plan as they minimize the impacts on the health, safety and welfare of the community. Section 3 : The City Council has reviewed and considered the Initial Study for Environmental Assessment No. 542 and determined that this Code revision will not create any significant adverse environment impacts, therefore, a Negative Declaration is hereby determined. Section 4 : Section 16 . 04 . 315 of Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended to delete: • • • • • • • • • • A convenience store and an automobile service station may not be jointly operated. Section 5 : Section 16 . 04 . 825 of Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended to add: 16 .04 . 825 Off-Sale. "Off-Sale" is the purchase of a retail product for use or consumption off the premises . Section 6 : Section 17 . 18 .030 of Chapter 17 . 20 of the Rancho Palos Verdes Municipal Code is amended to add: E. Concurrent sale of alcohol and motor fuel . Section 7 : Section 17 . 020 . 030 of Chapter 17 . 20 of the Rancho Palos Verdes Municipal Code is amended to add: G. Concurrent sale of alcohol and motor fuel . Section 8: Section 17 . 23 . 030 of Chapter 17 . 23 of the Rancho Palos Verdes Municipal Code is amended to add: H. Concurrent sale of alcohol and motor fuel. Section 9 : Section 17 . 24 . 030 of Chapter 17 . 24 of the Rancho Palos Verdes Municipal Code is amended to add: E . Concurrent sale of alcohol and motor fuel. Section 10: Section 17 . 25 . 050 of Chapter 17 . 25 of the Rancho Palos Verdes Municipal Code is amended to read as follows : 17 . 25 .050 Alcoholic Beverage Sales . A Conditional Use Permit is required. The Planning Commission shall grant a Conditional Use Permit for the alcoholic beverage sales in conjunction with the sale of motor fuel at convenience stores or service stations only if it finds : 1 . That the proposed concurrent sale of alcohol and motor fuel is not significantly detrimental to the health, safety, and welfare of the community. 2 . That written notice as required by the provisions of Section 17 . 56 . 050 of Chapter 17 . 56 has been duly executed. 3 . That the proposed concurrent sale of alcohol and motor fuel conforms to the regulations of ARTICLE II, COMMERCIAL DISTRICTS of the Development Code. 4 . That the following standards shall apply. -2- Ordinance No. 232 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 as of January 1 , 1988 . B. No advertisement of alcoholic beverages shall be displayed at motor fuel islands . C. No sale of alcoholic beverages shall be made from a drive- in window. D. No display or sale of beer or wine shall be made from an ice tub. E . No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer and wine shall be located on buildings or windows. F. Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell beer and wine. 2 . Appeals . An appeal can be filed under the provisions of 17 . 56 . 070, Appeal of a Conditional Use Permit. Section 11 : Section 17 . 56 . 020 of Chapter 17 . 56 of the Rancho Palos Verdes Development Code is amended to add: M. Concurrent sale of alcohol and motor fuel . -3- Ordinance No. 232 PASSED, APPROVED and ADOPTED on this 17th day of May, 1988 . / / 411• A / MAY0111 I )(/ ATTEST: 11 9 - Ad i AO , 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 City Council of said City is five; that the foregoing ordinance, being Ordinance No. 232, passed first reading on April 19, 1988, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 3, 1988, and that the same was passed and adopted by the following roll call vote: AYES: BACHARACH, McTAGGART, HINCHLIFFE, HUGHES AND MAYOR RYAN NOES: NONE ABSENT: NONE ABSTAIN: NONE A0 ...........„ !__J! CITY CLERK II -4- Ordinance No. 232 ORDINANCE/RESOLUTION NO. 232 FILET 102 x 701 SUBJECT: ISSUING A NEGATIVE DECLARATION AND AMENDING CHAPTER 16.04, 17.18, 17.20, 17.23, r 17.24, 17.25 and 17.56 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 27. INTRODUCED: 4/19/88 ADOPTED: 5/17/77 POSTED/PUBLISHED 5/25/88 ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION: City Attorney PUBLIC WORKS DEPARTMENT Richards, Watson, Dreyfuss & Gershon 333 South Hope St. , 38th Floor ENVIRONMENTAL SERVICES Los Angeles, CA 90071. __LEISURE SERVICES 1/ BOOK PUBLISHING COMPANY ,A04 201 Westlake Avenue N. 5 ____COMUNITY SERVICES DEPT. Seattle, WA 98109 ..,.___CITY MANAGER PACIFIC TELEPHONE 19310 Gateway Drive, Rm 208 _._._STATION COMMANDER Torrance, CA 90502 26123 Narbonne Ave. Lomita, CA 90717 ,..„.SOUTHERN CALIF. WATER SERVICE 5837 CREST RD. WEST COUNTY ASSESSOR RANCHO PALOS VERDES, CA 90274 500 Hall of Administration Los Angeles, CA 90012 • REGISTAR 5557 'Ferguson Drive _LEAGUE LLEAGUE OF CALIFORNIA CITIES Los Angeles, CA 90022 702 Hilton Center ATTN: Margaret Miller Los Angeles, CA 90017 - Election Administration RECORDER .� L.A. COUNTY DEPT. of PUBLIC WORKS /Public .____. ATTN: City Services Roads 227 N. Broadway 1540 Alcazar Street Los Angeles, CA 90012 Los Angeles, CA 90033 SCHOOL ____,_SPCA 5026 West Jefferson Blvd. HOMEOWNERS ASSOCIATION Los Angeles, CA 90016 APP LI CANT ____SO. CALIFORNIA GAS COMPANY 22741 Hawthorne Blvd. T.M. CABLEVISION Torrance, CA 90501 31244 P.V. Drive West, Suite 207 Rancho Palos Verdes, CA 90274 CALIFORNIA_____S0. EDISON CO. P. 0. Box 2944 SEND ALL ORDINANCES TO: Torrance, CA 90509 Institute of Governmental/ si' ? •udi s Library POSTED AT THE FOLLOWING locations: 109 Moses Hall 1 City Hall University of California 2. Ladera Linda Community Park Berkeley, CA 94720 3. Rancho Palos Verdes Park 4. U.S. Post Office, 28649 Western Ave. 5. L.A. County Fire Station, 4000 Miraleste Plaza 6. Hesse Park