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
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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:
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