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PC RES 1988-012 P. C. RESOLUTION NO. 88-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT No . 542 AND RECOMMENDING ADOPTION OF DEVELOPMENT 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 beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites; and WHEREAS, the Planning Commission has held a public hearing on March 8 , 1988 at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, the Planning Commission has considered the contents of the Initial Study for Environmental Assessment No . 542 prior to recommending that Negative Declaration be issued and a determination was made that the proposal will not have significant impacts on the environment; and WHEREAS, the Code revision is necessary to ensure the Development Code is consistent with State Law and 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 PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RECOMMEND TO THE CITY COUNCIL AS FOLLOWS : Section 1 : That the Code revisions are necessary to amend the language of the Development Code in response to the state legislation enacted that mandates that no city or county shall prohibit, except with a specified exception, the concurrent retailing of motor vehicle fuel with beer and wine for off-sale consumption in zoning districts where the zoning ordinance allows beer and wine and motor vehicle fuel to be retailed on separate sites . Section 2 : That the proposal will not have significant impacts the environment . Section 3 : That draft Negative Declaration for Environmental Assessment No . 542 should be issued. motor fuel sale have on the health, safety and welfare of the community. Section 5 : For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby recommends approval of the Draft Negative Declaration and Development Code Amendment No 27 pursuant to Exhibit "A" attached. PASSED, APPROVED, AND ADOPTED this 8th day of March, 1988 . Leo 4 Connolly, Chair .n 4,Z): 4,01 R, •e 't Benar , Direc environmental Services and Secretary to the Commission P .C. Resolution No. 88- 12 Page 2 EXHIBIT "A" ** Chapter 16 . 04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 . 04 . 825 to read as follows : 16 . 04 . 825 Off-Sale . "Off-Sale" is if purchase of a retail product for use or consumption off the premises . ** Chapter 17 . 18 of the Rancho Palos Verdes Municipal Code is amended by adding 17 . 18 . 030D to read as follows : E. Concurrent sale of alcohol and motor fuel . ** Chapter 17 . 20 of the Rancho Palos Verdes Municipal Code is amended by adding 17 . 20 . 030F to read as follows: G. Concurrent sale of alcohol and motor fuel . ** Chapter 17 . 23 of the Rancho Palos Verdes Municipal Code is amended by adding 17 . 23 . 030G to read as follows : H. Concurrent sale of alcohol and motor fuel ** Chapter 17 . 24 of the Rancho Palos Verdes Municipal Code is amended by adding 17 . 24 . 030E to read as follows : E . Concurrent sale of alcohol and motor fuel . * Section 17 . 25 . 050 of Chapter 17 . 25 of the Rancho Palos Verdes 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 P.C. Resolution No. 88-12 Page 3 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 until January 1, 1990 the following standards shall apply. 1 . 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 . 2 . No advertisement of alcoholic beverages shall be displayed at motor fuel islands . 3 . No sale of alcoholic beverages shall be made from a drive-in window. 4 . No display or sale of beer or wine shall be made from an ice tub. 5 . 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 . 6 . 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. B. Appeals . An appeal can be filed under the provisions of 17 . 56 . 070, Appeal of a CUP . P.C. Resolution No. 88- 12 Page 4