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PC RES 1989-004 111 P.C . RESOLUTION NO . 89-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO . 141 FOR REDUCED HOUR OPERATION FOR THE EXISTING CONVENIENCE STORE AT 28041 HAWTHORNE BOULEVARD. WHEREAS , on June 2 , 1987 , the Rancho Palos Verdes City Council adopted Ordinance No . 217 enacting regulations applicable to existing and future convenience stores . Section 17 . 25 .020 (B) ( 1 ) of those regulations requires existing convenience stores to comply with various security measures and limited hours of operation within one year of the adoption of Ordinance No . 217 unless these requirements are modified by conditional use permit ; and WHEREAS , Paul Lupo (owner) , Southland Corporation (applicant ) and J .D. Green (operator) have submitted an application for a conditional use permit to continue 24 hour operation and existing staffing levels at the existing 7/ 11 convenience store at 28041 Hawthorne Boulevard ; and WHEREAS , on October 11 , 1988 and January 24 , 1989 the Planning Commission held public hearings to review this matter 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 proposed continuation of existing 24 hour operation at existing staffing levels adversely affects the public health, safety and welfare by creating adverse - impacts on adjacent residents and residential property through late night and early morning noise from patrons , and patron vehicles , and that such noise is not minimized through the location, design, and operation of the existing convenience store . Therefore , reduced hours of operation for the store are necessary . Section 2 : The proposed continuation of existing staffing levels , specifically having only one employee on-site between the hours of 2 :00 AM and 6 :00 AM, does not provide adequate security for the site in terms of being able to monitor the grounds for suspicious circumstances or summon police in the event of an emergency. The easy accessibility and relatively isolated location of the public entrance to the store adversely affect the public health, safety, and welfare by increasing the threat to the security of the store , employees and patrons during late night and early morning hours . The crime report provided by the Sheriff ' s Department and testimony by surrounding residents supports this contention. 411 411 Section 3 : Reduction in the hours of operation for the store and the required increase in staffing during early morning hours will have an economic impact ; however, that impact is not substantial in relation to the overall revenue generated by the store , the impact is partly self-imposed in that it results from an agreement negotiated between the Southland Corporation and the store operator, and the economic impact should not outweigh the adverse impacts on adjacent residents and the public health, safety , and welfare , caused by 24 hour operation. Section 4 : That the initial study for Environmental Assessment No . 558 was reviewed and considered prior to the Planning Commission ' s decision on this project and that the Planning Commission concurs in the determination that this project is categorically exempt from the requirements of the California Environmental Quality Act . Section 5 : That adverse impacts resulting from the continuing operation of the existing store will be minimized as a result of the conditions of approval imposed through this permit . Section 6 : That the existing use is consistent with the General Plan designation of commercial retail and permitted through a conditional use permit in the commercial limited zoning district . Section 7 : That the site for the existing convenience store use is adequately served by two major arterial streets designed to carry the type and quantity of traffic generated by the subject use . Section 8 : That the site presently accommodates the subject use as a legal non-conforming use and that the conditions imposed through this permit will improve the compatibility of the subject use with adjacent residential and commercial land uses . Section 9 : For the foregoing reasons , the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit No . 141 , subject to the conditions in attached Exhibit 'A ' , said conditions being necessary for the protection of the public health, safety, and welfare . PASSED, APPROVED, and ADOPTED on January 31 , 1989 . 6e-All/W uella L . Wike Chairperson ,dr ,/ At_ ob - rt Benar. , Director of Environmental Services and Secretary to the Commission P . C . Resolution No . 89- 4 Page 2 111 410 EXHIBIT 'A' Conditions of approval for Conditional Use Permit No . 141 : 1 ) The convenience store shall be open for business only between the hours of 5 :00 AM and 11 :00 PM. 2 ) At least two ( 2 ) employees shall be required to be in the store whenever it is open for business . 3 ) Deliveries shall only occur between the hours of 5 :00 AM and 9 :00 PM. 4) At least four (4) standard size trash containers , in receptacles approved by the Director of Environmental Services , shall be located adjacent to the entrance of the store . 5 ) Exterior lighting shall be arranged and shielded to prevent off-site illumination. Only ground-oriented, shielded and/or diffused lighting shall be allowed in any area directly facing a residential use or zone . 6) Video or arcade games are not permitted. 7 ) The parking lot to the rear of the store shall be closed to the public between 11 :00 PM and 5 :00 AM. 8 ) The site and the store shall be maintained and operated in a neat and orderly manner as specified by this conditional use permit . 9) This permit shall expire in one year unless extended by the Planning Commission, prior to expiration, following a review of the operation of the store and compliance with the conditions of this permit pursuant to Section 17 . 25 .060 of the Development Code . P. C . Resolution No . 89-4 Page 3