PC RES 2006-030 P.C. RESOLUTION NO. 2006-30
RESOLUTION F THE PLANNING 1 1 F THE CITY OF
RANCHO PALOS VERDEVERDES APPROVINGCASE NO. ZON2005-00405
(CONDITIONAL E PERMIT, VARIANCE, SIGN PERMIT, SITE' PLAN
REVIEW ENVIRONMENTAL E E T), FOR CONVERSION F
AN EXISTING ,00 UAR FOOT AUTOMOTIVE REPAIR BUILDING
WITH SERVICEBAYS, INTO CONVENIENCE ST E,A NEW CANOPY
OVER THE LINE PUMPS, SALE OF BEER AND WINE (ABC TYPE
0 LICENSE) AND AN AUTOMATEDTELLER CHIN INSIDE THE
BUILDING T 29421 WESTERN AVENUE, LOCATED AT THE
NORTHWEST C E F WESTERN AVENUEE T
STREET.
WHEREAS, on August 2, 2005, FiedlerGroup, representing the landowner Willian
and Kirsten Michaelis, submitted Case No. ZON2005-00405, applications for an
Environmental Assessment, Conditional Use Permit, Variance, Sign Permit and Site Plan
Review, for a property at 29421 Western Avenue located at the northwest corner of
Western Avenue and Crestwood Street; and,
WHEREAS, on September 1, 2005, the project was deemed incomplete by Staff
pending the submittal of additional information; and,
WHEREAS, on May 12, 2006, upon submittal of all required information,the project
was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that
with appropriate mitigation, there is no substantial evidence that the approval of ZON2005-
00405 would result in a significant adverse effect upon the environment and, therefore, a
Mitigated Negative Declaration has been prepared and notice of same was given in the
manner required by law; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
.Verdes Development Code, the Planning Commission held a duly noticed public hearing on
June 27, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The site is adequate in size and shape to accommodate the intended
uses because the site exceeds the minimum lot area for gasoline stations, and it currently
operates as a gasoline station and automobile repair facility. Further, the proposed project
complies with the CG Zoning setback requirements and the project will exceed the
minimum landscaping requirements.
P.C. Resolution No. 2006-30
Page 1
Section 2: The site for the proposed use relates to streets and highways properly
designed to carry the type and quantity of traffic generated by the subject use. The City's
Public Works Department reviewed the proposed project and concluded that the proposed
project did not necessitate a traffic impact study since Western Avenue is a State highway.
Further, no response from CalTrans resulted from the City's request for input on the
proposed project. Lastly, the subject property is adjacent to a major arterial and a
controlled intersection.
Section 3: There will be no significant adverse effect on adjacent property or the
permitted use because mitigation measures have been incorporated that reduce the
potential impacts of aesthetics, and hazards and hazardous materials. With regards to the
sale of beer and wine, the sales will be required to operate within Alcoholic Beverage
Control (ABC) standards and regulations. Further, since the convenience store hours will
be from 6:00 a.m.to 10:00 p.m., the sale of beer and wine will not be conducted after 10:00
p.m. or through a teller window.
Section 4: The proposed project, including the proposed off-sale beer and wine, is
consistent with the General Plan's Commercial Retail land use designation of the site, and
with the types of land uses permitted within the Development Code's Commercial-General
District and Automotive Service Station Overlay Control District.
Section 5: The site is located within the Automotive Service Station Overlay
Control District(OC-4). The gasoline station use complies with the applicable guidelines of
the OC-4. Further, with exception to the landscape setback and spacing development
standards, the proposed convenience store will be consistent with the other development
standards of this section.
Section 6: Conditions have been imposed to protect the health, safety and
general welfare,which includes setback and buffers,fencing, landscaping, maintenance of
structures, and other conditions, as identified in Exhibit "B" hereto.
Section 7: The proposed convenience store will not contribute to the undesirable
proliferation of such uses. This convenience store in the immediate neighborhood will not
result in a proliferation of such a use since the proposed convenience store will result in the
only convenience store in the immediate area, with the next closest convenience store
being located over 500-feet away.
Section 8: The design of the proposed convenience store respects the visual
character of the site and enhances the surrounding area since the design of the building is
consistent with the architecture called out by Western Avenue Specific Plan IV. Further,
the visual character of the area will improve since an automotive repair building and use will
be replaced with a building and use that blends with the variety of retail uses in the area.
Section 9: The operation of this use, and in particular, the sale of alcoholic
beverages will not adversely affect adjacent or nearby places of worship, schools, parks,
recreation centers, playgrounds or residences. The proposed project has been designed
and conditioned through appropriate mitigation measures and conditions to avoid adverse
affects to nearby schools, parks, residences, and places of worship. Further, the sales of
P.C. Resolution No. 2006-30
Page 2
beer and wine is subject to the regulations and requirements of the Alcoholic Beverage
Control (ABC).
action 1 : Since the convenience store will be located within three hundred feet of
a residential zoning district boundary, the convenience store will operate from 6:00 a.m. to
10:00 p.m., seven days a week. Further, no alcoholic beverages will be sold after 10:00
p.m.
action 11: The proposed concurrent sale of beer and wine and motor fuel will not
be significantly detrimental to the health, safety and welfare of the community since the
purchase of gasoline will not be contingent upon the purchase of beer and wine. Further,
the sale of beer and wine will be an ancillary use, occupying approximately 30 square feet
of the cooler area. Lastly, the sale of beer and wine is subject to the regulations and
requirements of Alcoholic Beverage Control.
Section 12: A public hearing notice was published in a newspaper of general
circulation and given to owners of property within five hundred feet of the project, to all
persons requesting notice, to any affected homeowner associations, and the applicant
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). The Mitigated
Negative Declaration was circulated to the County Recorder for a posting and comment
period of at least twenty days (as required by CEQA), and circulated to all appropriate
public agencies. Further, the City mailed notices to 63 property owners within a 500-foot
radius from the subject property, and subsequently published the notice in the Peninsula
News on June 3, 2006.
Section 13: The proposed concurrent sale of alcohol and motor fuels conforms to
the regulations of this section, Section 17.76.090(Automobile service stations)and Article 11
(Commercial Districts, Chapters 17.12 through 17.22) of this title. Since the subject
property is located within the Automotive Service Station Overlay Control District (OC-4),
the gasoline station use complies with most of the applicable guidelines of the OC-4. For
the guidelines in which the use will not be in compliance, the Planning Commission has the
discretion to allow deviations to these guidelines. Since development of the convenience
store is subject to the development standards set forth by Section 17.76.080. The
convenience store will be consistent with the development standards of this section,
including building orientation, design and parking, and the necessary convenience store
findings have been made in a positive manner.
Section 14: The subject property contains exceptional circumstances and
conditions that do not apply to other properties. Specifically, the subject property is located
downslope of the adjoining residential properties, which allows for views of the harbor area
over the subject property and building, and results in a building that is not readily visible.
Further, to convert the area behind the building to landscaping would cause the relocation
of the trash enclosure, mechanical equipment and Healy clean air tank,which would impact
other areas of the site and be more visible to the residences and public right-of-way.
Furthermore, the subject property does not have sufficient depth from Western Avenue to
construct a new building due to the existing configuration of the gasoline pumps and
underground storage tanks. Other commercial properties are not developed with a
gasoline station and do not have the same constraints as the subject property with regards
to placement of a new building. Lastly, the exiting building location was permitted in 1972,
P.C. Resolution No. 2006-30
Page 3
and has operated as an automobile repair building, which is a more intense use than a
convenience store due to the noise and the handling of hazardous materials that is inherent
with a automobile repair building.
Section 15: The variance would not grant a special privilege not enjoyed by others
in the area or zone since other properties do not have the constraints that are inherent in
the subject property. Specifically, the building and retaining wall were approved in 1972,
whereby the retaining wall excavated into the transitional slope along the rear to
accommodate the automobile repair building, and to accommodate a trash enclosure and
storage area for the building. The variance is necessary to allow the existing building to
remain and be utilized, since the parcel does not have sufficient depth from Western
Avenue to accommodate a new building due to the existing site layout.
Section 16: The granting of the variance will not be materially detrimental to the
residences upslope of the subject property that are on MacArthur Street since mitigation
measures and conditions have been incorporated into the project such that the
convenience store will not be materially detrimental or injurious to the public in the area in
its current location. Further, discontinuing the use of the automobile repair facility also
improves the area since there will be no handling of hazardous materials in the building, or
storage of used tires and other products behind the building. Furthermore, if the building
were located 100-feet from the residential structures, a greater portion of the building would
be visible from these residences, and it would be located 20-feet from Western Avenue,
which would dominate the streetscape. Lastly, the existing landscaping and topography of
the site screen the facility so that it is not apparent, and an additional 7-feet of landscaping
would not create any significant benefit that would outweigh the cost of relocating the trash
enclosure, mechanical equipment and the Healy tank to a location that is more apparent
from Western Avenue and adjacent residences.
Section 17: The project, including the proposed ancillary uses of off-sale beer and
wine and the ATM, are consistent with the General Plan's Commercial Retail land use
designation of the site, and with the types of land uses permitted within the Development
Code's Commercial-General District and Automotive Service Station Overlay Control
District. According to the General Plan, commercial zones are designated to accommodate
services that serve the immediate neighborhood while preserving the character of the
Peninsula. The General Plan states that commercial activities comprise approximately
1.7% of the total land area within the City. Consistent with the Urban Element of the
General Plan, the proposed development will eliminate an automobile repair use that
contains service bays that are oriented towards the street. Further, since the property is
within the Western Avenue Specific Plan,the project will be consistent with the architectural
style envisioned by the Plan.
Section 18: The proposal is consistent with the sign standards of the City's
Development Code,while the portion of the monument sign within the intersection visibility
triangle will not create an impact to vehicular or pedestrian circulation.
Section 19. Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Chapter 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
P.C. Resolution No. 2006-30
Page 4
with the appropriate appeal fee, no later than fifteen (4 5) days following the date of the
Planning Commission's final action.
Section 20: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No. ZOt42005-00405 for a Conditional Use Permit,
Variance, Sign Permit and Site Plan Review, subject to the conditions of approval
contained in the attached Exhibit "B", attached hereto and made a part hereof, which are
necessary to protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 27th day of June 2006 by the following
roll call vote:
AYES: Gerstner, Knight, Lewis, Perestam, Ruttenberg
NOES. Karp
ABSTENTIONS- None
ABSENT: Tetreault
im Kni
Chair n
Jo k4ias, AICD
rect of Plann Wilding and
ode
( inforcemei ?), nd, Secretary
to Planning Commission
P.C. Resolution No. 2006-
Page 5
Exhibit "B"
Conditions of Approval
Case No. ZON2005-00405
(Conditional Use Permit, et® al®)
GENERAL
1. Prior to the submittal of plans into Building and Safety plan check, the applicant
and/or property owner shall submit to the City a statement, in writing, that they have
read, understand and agree to all conditions of approval contained in this approval.
Failure to provide said written statement within ninety(90)days following the date of
this approval shall render this approval null and void.
2. The approval shall become null and void after one year from the date of approval,
unless approved plans are submitted to the Building and Safety Division to initiate
the "plan check" review process.
3. All mitigation measures contained in the approved Mitigation Monitoring Program
contained in P.C. Resolution No. 2006-29 for the Mitigated Negative Declaration,
shall be incorporated into the implementation of the proposed project and adhered
to, and are incorporated herein by reference.
4. The proposed project, including site layout, the building and canopy heights and
appearances, and signage throughout the site, shall be constructed and maintained
in substantial compliance with the plans reviewed and approved by the Planning
Commission on June 27, 2006, as submitted by FiedlerGroup.
5. The Approval of Case No.ZON2005-00405(Conditional Use Permit,Variance, Sign
Permit and Site Plan Review) allows converting an existing 2,008 square foot
automotive repair building with service bays, into a convenience store that includes
a new entry to the building and a tiled pitched mansard roof. Further, the existing
1,820 square foot, 17'-10" high canopy over the gasoline pumps will be removed,
and replaced with a 1,924 square foot canopy with a tiled pitched mansard roof
measuring 21'-0" in height. The approval also allows upgrading the existing fuel
dispensers to continue providing 4 fuel pump islands (8 fueling stations); a new
monument sign to replace the existing monument sign at the southeast corner of the
site, and signage on the building and fascia; upgrades to the lighting, trash
enclosure, and 10 on-site parking spaces. Lastly, in conjunction with the
convenience store, the permit allows the off-site sale of beer and wine (Type 20
License), and an automated teller machine (ATM) inside the building.
6. The Conditions of Approval contained herein shall be subject to review and
modifications, as deemed necessary and appropriate by the Planning
Commission, six (6) months after issuance of a final Certificate of Occupancy to
review the applicant's compliance with the conditions of approval. At that time, the
Planning Commission may add, delete or modify any conditions of approval as
deemed necessary and appropriate. Notice of said review hearing shall be
published and provided to owners of property within a 500' radius, to persons
requesting notice, to all affected homeowners associations, and to the property
P.C. Resolution No. 2006-30
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owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090. At that time, the Planning Commission may add, delete, or modify the
conditions of approval as deemed necessary and appropriate. As part of the six
month review, the Planning Commission shall consider the parking conditions,
circulation patterns,the hours of operation, lighting, and noise impacts, in addition to
other concerns raised by the Commission and/or interested parties. If necessary,
the Planning Commission may impose more restrictive standards and conditions to
mitigate any impacts resulting from the operation of the convenience store, gasoline
sales and other related ancillary uses approved by Case No. ZON2005-00405.
7. The Director of Planning, Building and Code Enforcement is authorized to approve
minor modifications to the approved plans or any of the conditions if such
modifications achieve substantially the same results as would strict compliance with
said plans and conditions. Otherwise, all other modifications shall be subject to
review and approval by the Planning Commission.
8. In the event that a Planning requirement and a Building &Safety requirement are in
conflict with one another, the stricter standard shall apply.
9. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
Further, trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with
the permitted hours of construction stated above.
10. The construction site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction purposes. Such
excess material may include, but is not limited to: the accumulation of debris,
garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliances or other household fixtures.
CONDITIONAL_ USE PERMIT
11. The convenience store building shall not exceed 2,008 square feet in area, as
shown on the plans approved by the Planning Commission on June 27, 2006, as
submitted by FiedlerGroup.
12. The style, color and exterior materials of the convenience store building shall be
consistent with the architectural style, color and exterior materials illustrated on the
plans approved by the Planning Commission on June 27, 2006.
13. The maximum height of the convenience store building shall be limited to 22-feet, as
measured from lowest finish grade adjacent to the structure to the highest point of
the structure. HEIGHT C TIFIC TI Y A REGISTEREDCIVIL I
SHALL BE SUBMITTED TO THE PLANNING TE T PRIOR T
BUILDING PERMIT FINAL.
P.C. Resolution No. 2006-30
Page 7
14. The maximum height of the new canopy over the pump islands shall be limited to
21'-0", as measured from lowest finish grade adjacent to the canopy support
columns to the highest point of the canopy. HEIGHT CERTIFICATION F THE
CANOPY Y A REGISTEREDCIVIL.ENGINEER ALL BE SUBMITTED TO THE
PLANNING T T PRIOR TO BUILDINGPERMIT FINAL.
15. The style, color and exterior materials of the canopy shall be consistent and
compatible with the style, color and exterior materials of the convenience store
building.
16. Demolition of the existing automobile repair building is not allowed by this permit.
17. Deliveries, including gasoline delivery, garbage collection, lot sweeping, and/or use
of mechanical equipment for outdoor cleaning and landscape maintenance(i.e., use
of blowers) shall not take place between the hours of 10:00 pm and 7:00 am.
18. The ATM shall be located inside the building, and shall not be accessible from the
exterior of the building to conduct transactions.
19. The maximum hours of operation of the convenience store, including the sale of
beer and wine, shall be as follows:
Mondays through Sundays 6:00 am. — 10:00 p.m.
Any increases to the hours of operation of the convenience store shall require
review and approval of a revision to the Conditional Use Permit.
20. The sale of gasoline is allowed to continue 24-hours, seven days a week.
21 b In addition to the sale of gasoline, during the hours of 10:00 p.m. — 6:00 a.m.,
Mondays through Sundays, the sale of small items is allowed,which shall be limited
to the following: cigarettes, pre-packaged food snacks, and small non-alcoholic
beverages. Transaction of these items shall occur only through the cashier
window/box. Further, no heated, corked or otherwise prepared snacks, self-serve
beverages (hot and cold), and dairy products shall be sold during these hours.
General
22. Approvals shall be obtained by the South Coast Air Quality Management District,
prior to issuance of building permits.
23, Prior to issuance of building permits, the property owner shall submit an Urban
Stormwater Plan in conformance with the requirements of the National Pollutant
Discharge Elimination System (NPDES) for review and approval by the City.
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24. All existing utility lines to the building shall be under-grounded.
L!ghtin
25. The new light standards shall be limited to a maximum overall height of 14-feet, as
measured from the grade elevation of the parking lot surface adjacent to the light
standard to the top of the light standard. HEIGHT CERTIFICATION OF THE LIGHT
STANDARDS BY A REGISTERED CIVIL ENGINEER SHALL BE SUBMITTED TO
THE PLANNING DEPARTMENT PRIOR TO BUILDING PERMIT FINAL.
26. All exterior lighting shall be arranged and shielded so as to prevent direct
illumination of surrounding property and to prevent distraction of drivers of vehicles
on public rights-of-way. Luminaries shall be of low-level, indirect and diffused type.
All lighting under canopies shall be covered with diffusing lenses and shielded such
that the light source is not visible.
27. No one fixture shall exceed 1,200 watts and the light source shall not be directed
toward or result in direct illumination of a parcel of property or properties other than
that upon which such light source is physically located. All exterior lighting shall be
arranged and shielded as to prevent direct illumination of abutting properties and to
prevent distraction of drivers of vehicles on public rights-of-way.
28. No building-mounted outdoor lighting shall be permitted where the light source or
fixture is mounted more than sixteen (16)feet above grade, adjacent to the building.
29. With the exception of the lighting under the canopy, the outdoor illuminated
monument sign, and the convenience store building-mounted lighting, all other
lighting shall be turned off by Y2-hour after closing the convenience store Monday
through Sunday. The applicant shall provide the Planning Department with a
lighting plan for review and approval by the planning director that indicates the lights
that will remain lit throughout the evening for security, prior to issuance of a
demolition/building permit.
30. The spanners located above the gas pumps shall not be illuminated.
Parking
31. A total of 10 parking spaces shall be provided on the subject site which consist of 9
standard stalls measuring 9' x 20', and one handicapped parking stall with the
minimum measurement standards in compliance with ADA requirements. Further,
one loading space shall be provided in compliance with the standards set forth in
Section 17.50.050 (Loading) of the City's Development Code. The parking stalls
must comply with the dimensions and specifications of the Uniform Building Code.
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32. The parking spaces required by condition 31 above shall be clearly marked with 4-
inch wide striping and clearly identified as parking spaces to the satisfaction of the
Director of Planning, Building and Code Enforcement.
Signs
33. The signage on the subject property shall be subject to the following conditions:
a) One 6-foot maximum high freestanding illuminated monument sign at the
southeastern corner of the property.
b) The illuminated monument sign shall only be used to advertise the price of
gasoline, and as an advertisement sign for the Chevron convenience store. The
maximum cumulative sign area shall be limited to 43 square feet.
c) A maximum of three P.O.S signs are allowed on the convenience store building
fagades, each measuring a maximum of 3x 3'.
d) The signage on the convenience store building shall be channel lettering only.
The channel lettering shall be LED illuminated only and shall not be visible or
exposed. The maximum letter height shall be limited to 26-inches.
e) The signage allowed on the canopy is limited to the fascia on the north, south
and east elevations, which shall be comprised of one logo on the east elevation,
and channel letter signage on the north and south elevations.
f) The signage on the canopy shall be channel lettering only. The channel lettering
shall be LED illuminated only and shall not be visible or exposed. The maximum
letter height shall be limited to 20-inches.
g) One spanner (advertisement) sign above each fuel pump (total of four).
h) Temporary window signs located on the convenience store not to exceed 10%of
the total area of the window, excluding lottery signs.
i) Permanent window signs located on the convenience store not to exceed 5%of
the total area of the window, excluding lottery signs.
j) One illuminated sign advertising an Automated Teller Machine (ATM) on the
exterior of the convenience store building is allowed, measuring a maximum of 2'
x 2' in area.
k) Temporary signage shall be allowed pursuant to Section 17.76.050 of the City's
Development Code.
1) No flags or pennants are permitted.
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Page 10
m) No flashing, moving, pulsating, intermittently lighted signs, including searchlights
are permitted.
n) No neon signs are permitted.
Maintenance
34. All mechanical equipment shall be located to the rear of the building, and shall be
adequately screened from adjacent private properties and the public and private
rights-of-way to the satisfaction of the Director of Planning, Building and Code
Enforcement.
35. All hardscape surfaces, such as the parking lot and walkways, shall be properly
maintained and kept clear of trash and debris at all times. The property owners
shall provide weekly sweep cleaning and leaf blowing that shall be permitted
Mondays through Fridays from 8:00 a.m. to 5:00 p.m., on Saturdays from 9:00 a.m.
to 4:00 p.m. and at no time on Sundays and national holidays.
36. Trash pick-ups shall be allowed only between the hours of 7:00 a.m. and 7:00 p.m.,
Mondays through Saturday.
37. All mechanical equipment and the operation of machinery shall not exceed noise
levels in excess of sixty-five (65 dBA) decibels, as measured from the closest
property line adjacent to the mechanical equipment. Further, except for mechanical
equipment used for refrigeration, all other mechanical equipment and machinery
shall operate between the hours of 7:00 a.m. and 7:00 p.m. The applicant shall
submit a noise study report certifying that all the mechanical equipment is operating
within the sixty-five (65 dBA)decibel indicated above. The report shall be submitted
at least 30-days prior to the 6-month review hearing described in condition no. 6 of
this Resolution.
38. The storage of all goods,wares, merchandise, produce and other commodities shall
be housed in permanently, entirely enclosed structures, unless being transported.
39. One trash enclosure shall be required, which shall fully enclose and visually screen
the required trash receptacle from the public's view. Further, a trellis structure, shall
be constructed over the on-site trash enclosure up to a maximum overall height of
12-feet.
40. The Healy vapor recovery tank shall be located behind the convenience store
building, and shall be screened from the public's view.
Utilities
41 Any new utility lines shall be placed underground.
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Landscaping
42. All trees shall be of a species type that does not exceed sixteen (16)feet in height at
maturity.
43. All landscaping shall be planted and installed prior to building permit final to the
satisfaction of the Director of Planning, Building and Code Enforcement.
Noise
44. With the exception of the system to speak to the attendant from the gasoline pumps,
no amplified sound system, loud speakers or stereo speakers shall be permitted.
Further, operation of the speaker system shall be limited to the convenience store
hours, and shall not be utilized between 10:00 p.m. — 6:00 a.m., Mondays through
Sundays.
Beer and Wine
45. No beer or wine shall be displayed within five feet of the cash register or the front
door.
46. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
47. No alcoholic beverages shall be sold from a drive-through window.
48. No alcoholic beverage shall be sold from the cashier window.
49. The sale of beer and wine shall be limited to the hours of operation of the
convenience store, which is between 6:00 a.m. to 10:00 p.m. Monday through
Sunday.
50. Beer or wine shall not be sold from, or displayed in, an ice tub.
51. No self-illuminated advertising for beer and wine shall be located on buildings or
windows.
52. The applicant shall comply with all other requirements and conditions imposed by
the State of California Department of Alcoholic Beverage Control (ABC). In the
event that any of the City-imposed conditions conflict with the conditions and/or
requirements of ABC, the stricter shall apply.
MISCELLANEOUS
53. Prior to issuance of building permits, the property owner shall submit geotechnical
and soils reports to the City for review and approvals by the Building Official and the
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Page 12
City's Geotechnical Consultant. All conditions specified in the approved
geotechnical and soils reports shall be incorporated into the project.
54. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitted agency or City Department, the stricter shall
apply.
55. The applicant shall obtain all required permits, including demolition permits,from the
appropriate public agencies.
56. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing.
57. The owner and applicant shall abide by all Municipal Code requirements pertaining
to the subject property.
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