PC RES 1998-041RESOLUTION NO. 98-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF- RANCHO PALOS VERDES APPROVING CONDITIONAL USE
PERMIT NO. 182 REVISION "A", THEREBY APPROVING OFF-SITE
SALES OF BEER AND WINE WITHIN THE EXISTING
CONVENIENCE STORE, LOCATED AT 28103 HAWTHORNE
BOULEVARD.
WHEREAS, on February 14, 1995 the Planning Commission adopted Resolution
Nos. 95-04 and 95-05 approving a Mitigated Negative Declaration and conditionally
approving Conditional Use Permit No 182 for approval of improvements to the existing site
which included a convenience store at 28103 Hawthorne Boulevard, and,
WHEREAS, the City Council considered, on appeal, the Planning Commissions
actions on Conditional Use Permit No. 182 on May 2, 1995, and adopted Resolution Nos
95-40 and 95-41 upholding the Planning Commission approval, and denying the appeal,
and,
WHEREAS, on October 9, 1998, the applicant, Mr Bili Myers submitted an
application for Conditional Use Permit No 182 Revision "A" to allow off-site sales of beer
and wine within the existing convenience store, and,
WHEREAS, on November 6, 1998 the application package was deemed complete,
WHEREAS, all the previous findings associated with the original convenience store
listed in the City Council Resolution No 95-41 remain valid, with the exception of finding
"c" which is discussed herein, and,
WHEREAS, pursuant to provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq ("CEQA") the State's CEQA Guidelines,
California Code Regulation, Title 14, Section 15000 et seq , the City's Local CEQA
Guidelines, and Government Code Section 65952 5(F) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study in 1995 and
determined that the incorporation of the mitigated measures into the Negative Declaration
in association with Environmental Assessment No 667 and project approval, that there
was no substantial evidence that.the approval of Conditional Use Permit No 182 would
result in a significant adverse effect on the environment, and,
WHEREAS, the Environmental Assessment analyzed a project that included sale
of alcoholic beverages, as currently proposed, and has therefore adequately analyzed the
potential Environmental'rmpacts of the proposed project concluding that no significant
impacts would result; and,
WHEREAS, after the notice issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on December 8, 1998, at which 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: That the proposed sale of alcoholic beverages will not adversely affect
adjacent or nearby places of worship, schools, parks, recreation centers, playground or
residences due to the distance from the subject site
Section 2: That the proposed sale of alcohol beverages will not be detrimental
to the health, safety and welfare of the community since the alcohol will be displayed within
three existing enclosed glass door refrigerators that will be approximately 18'0" from the
cash register and 30'0" from the automatic front doors and there will be no display of any
alcohol beverage advertisement on the buildings or windows Additionally, the Department
of Alcoholic Beverage Control (ABC) will impose restrictions, thereby reducing any impacts
to less than significant levels
Section 3: That the proposed project has met the public notice requirement as
the public hearing notice was published in the Peninsula News on November 21, 1998
advertising for the December 8, 1998 meeting Also, a total of 356 notices were mailed
to the property owners within a 500' radius of the subject site on November 18, 1998
Section 4: Any interested person may appeal this decision or any portion of this
decision to the City Council Pursuant to Section 17 80.070 of the Rancho Palos Verdes
Municipal Code, any such appeal must be filed with the City, in writing, and with the
appropriate appeal fee, no later than fifteen (15) days following the date of the Planning
Commission's final action
Section 5: For the foregoing reasons and based on the information and findings
in the Staff Report, Minutes and other records of proceeding, the Planning Commission of
the City of Rancho Palos Verdes hereby approves Conditional Use Permit No 182
Revision "A" to allow off-site sales of beer and wine within the existing convenience store,
for the property located at 28103 Hawthorne Boulevard, subject to the conditions
contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to
protect the public health, safety and welfare in the area
P C. Resolution No 98-41
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•
PASSED APPROVED, AND ADOPTED on this 8th day of December 1998, by the
following vote:
AYES: Cartwright, Clark, Alberio, Lyon, Paris, Slayden, and Vannorsdall
NOES:
ABSENTATION:
ABSENT:
Lawrence E. Clark
Chairman
J el R jas, AICP
Di ec r of Planning, 01(ding
and Code Enforcement; and Secretary
to the Planning Commission
P.C. Resolution No. 98-41
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