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
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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
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