PC RES 2007-038 RESOLUTION NO. 2007-38
RESOLUTION THE PLANNING COMMISSION F THE
CITY OF RANCHO PALOSVERDES CONDITIONALLY
APPROVING A COASTAL IT, CONDITIONAL USE
PERMIT AND VARIANCE (PLANNING CASE NO.Z 2006
004 ) FOR AN ABOVEGROUND EMERGENCY IE EL
GENERATOR FOR THE LOS ANGELES TY
SANITATION I T ICT' POINT P PI LA T,
LOCATED AT 6600% SEA COVE IV
WHEREAS, on August 25, 2006, the applicant, Los Angeles County Sanitation
District No. 5, submitted an application for Planning Case No. ZON2006-00465 for a
coastal permit, conditional use permit and variance to allow the installation of an
aboveground emergency diesel generator for the District's existing Long Point Pumping
Plant; and,
WHEREAS, on January 26, 2007, the application for Planning Case
No. ZON2006-00465 was deemed complete by Staff; and,
WHEREAS, on March 27, 2007, the applicant and Staff agreed to a 90-day
extension of the decision deadline for this application to June 25, 2007; and,
WHEREAS, on May 8, 2007, the applicant submitted a revised proposal to
incorporate additional aesthetic improvements to the existing site and proposed project;
and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested coastal permit,
conditional use permit and variance would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt (Class 1,
Section 15301(b)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed public hearing
on March 13, 2007, March 27, 2007, and May 22, 2007, at which time all interested parties
were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the requested coastal permit for new development within the appealable portion
of the City's coastal zone:
A. The proposed development is consistent with the Coastal Specific Plan. The
Coastal Specific Plan land use designation of the property is Commercial-
Recreational and Urban Environment Element Infrastructure Policy No. 8 calls upon
the City to "[encourage] development in a manner which will minimize the need for
sewer pump stations." The description of infrastructure in Subregion 2—including
sewer facilities—notes that the sewer system "[appeared] to be functioning
adequately" at the time that the Coastal Specific Plan was adopted in 1978. The
proposed project does not increase the need for sewer pump stations, nor does it
expand the capacity of the existing system. Rather, it provides an important public
safety back-up system to aid the City and its residents in the event of a loss of
electrical power.
B. The proposed development,when located between the sea and the first public road,
is consistent with applicable public access and recreation policies of the Coastal
Act. Section 30211 of the Coastal Act states that"[development]shall not interfere
with the public's right of access to the sea where acquired through use or legislative
authorization." The discussion of path and trail networks in Subregion 2 states that
"there are two coastal access points in this subregion." These are located at the
City's Point Vicente Fishing Access and on the Long Point property. Although the
proposed project meets the definition of"new development"as specified in 30212(b)
of the Coastal Act,the project should not be required to provide public access from
Sea Cove Drive to the shoreline because there exists adequate public access
nearby (Coastal Act, Section 30212(a)(2)). In addition to the above-mentioned
access points within Subregion 2,Vanderlip Park(in Subregion 3) provides a bluff-
top trail system. Furthermore, although the subject property is located seaward of
Sea Cove Drive, it does not extend to the mean high-tide line, and given its
extremely small size, the provision of additional public coastal access would make
the proposed project infeasible. With respect to recreation, the policies in Article 3
of the Coastal Act deal with the preservation and enhancement of water-oriented
recreational facilities. The Terranea Resort will provide coastal access and
recreational facilities for its guests and the general public. The proposed projectwill
have no adverse impact upon these future recreational facilities.
Section 2. The Planning Commission makes the following findings of fact with
respect to the requested conditional use permit to allow the installation of an aboveground
emergency diesel generator for the Los Angeles County Sanitation District's existing Sea
Cove Pumping Plant:
A. The site is adequate in size and shape to accommodate said use and for all of the
yards, setbacks,walls or fences, landscaping and other features required by Title 17
"Zoning" or by conditions imposed under Section 17.60.050 to adjust said use to
those on abutting land and within the neighborhood. The proposed generator and
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enclosure will occupy approximately three hundred square feet (300 SF) of the
3,450-square-foot lot. The generator enclosure will not exceed the 12-foot height
limit for accessory structures in the CR zoning district. While the generator
enclosure would encroach upon the 20-foot setback from abutting non-residential
property and the 100-foot setback from abutting residential property, and would be
located seaward of the City's coastal setback line, it is proposed in this location so
that it will not interfere with access to the existing sewer pump station.
S. The site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use. Access to the project site
is provided from the southwest corner of "new" Sea Cove Drive and Nantasket
Drive. Sea Cove Drive and Nantasket Drive are identified in the Rancho Palos
Verdes General Plan as local roadways and are capable of accommodating the
types of District service vehicles likely to visit the site (i.e., vans, trucks, etc.).
Although District personnel will periodically visit the site to service and fuel the
generator, there is no evidence that this would constitute a significant increase in
vehicular trips to and from the site. As such, the project will not result in any
significant change to the existing traffic in the immediate neighborhood or along
Palos Verdes Drive South.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof. The proposed
project only involves the placement of an emergency generator in an enclosed
structure on the site of an existing, underground sewer pump station. Aside from
necessary operation during power outages,the generator will only be tested once a
month for one (1) hour during daylight hours. The generator includes a soundproof
enclosure. The existing perimeter fencing and landscaping will be upgraded to
provide additional visual screening and coordinate with the improvements at the
Terranea Resort.
D. The project site is designated Commercial-Recreational in the General Plan.
Although this land use designation is primarily intended to accommodate the
development of visitor-serving commercial uses, the development of utility
infrastructure in support of such uses is also consistent with this land use
designation. The existing Long Point Pumping Plant was constructed in 1967, prior
to the City's incorporation. The addition of the proposed emergency generator does
not change the overall land use for the site, and is clearly subordinate to the primary
use of the property as a sewer pump station. Infrastructure Policy No. 8 of the
General Plan "[requires] adequate landscaping or buffering techniques for all new
and existing facilities and networks, in order to reduce the visual impact of many
infrastructure facilities and networks" (p. 138). As described above, the generator
will be installed and operated in a manner that ensures that it blends harmoniously
with land uses on the subject property and adjacent properties.
E. If the site of the proposed use is within any of the overlay control districts
established by Chapter 17.40 (Overlay Control Districts) of Title 17 "Zoning", the
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proposed use complies with all applicable requirements of that chapter. The
entirety of the City's coastal zone is subject to the Socio-Cultural (OC-2)and Urban
Appearance (OC-3) overlay control districts, as established pursuant to Section
17.40.050 and 17.40.060, respectively, of the City's Municipal Code. The subject
property is a very small lot developed with an existing, underground sewer pump
station,with no known or expected historical, archaeological or cultural importance.
Furthermore, the proposed project will not result in adverse impacts upon public
views, nor will it result in alteration of any significant topographic or visual feature in
the neighborhood. As such, the Planning Commission finds that the proposed
project is consistent with the performance criteria of the OC-2 and OC-3 Districts.
F. Conditions regarding any of the requirements listed in this paragraph, which the
Planning Commission finds to be necessary to protect the health, safety and
general welfare, have been imposed (including but not limited to): setbacks and
buffers; fences or walls; lighting; vehicular ingress and egress; noise, vibration,
odors and similar emissions; landscaping; maintenance of structures, grounds or
signs; service roads or alleys; and such other conditions as will make possible
development of the City in an orderly and efficient manner and in conformity with
the intent and purposes set forth in Title 17 "Zoning". The existing perimeter
fencing and landscaping will be modified to visually screen the proposed emergency
generator from future public trails. Conditions of approval will specify that testing of
the generator may occur for only one (1)daylight hour per month so as to minimize
noise and air quality impacts upon surrounding properties. The generator also
incorporates a double-walled fuel tank and has been reviewed by the City's
drainage consultant since it involves the outdoor storage of diesel fuel. The
installation of the generator will also require final approval by the Fire Department.
Section 3: The Planning Commission makes the following findings of fact with
respect to the requested variance to reduce the setbacks from abutting residential and
non-residential properties and allow construction seaward of the coastal setback line for
the installation of an aboveground emergency diesel generatorfor the Los Angeles County
Sanitation District's existing Long Point Pumping Plant:
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property involved, or to the intended use of the property, which do not apply
generally to other property in the same zoning district. The subject property is only
3,450-square-feet in area (0.08 acre) in an area that is zoned for minimum 20-acre
lots. The other existing lots that comprise the CR district range from 1.42 to 62.81
acres in size. The Planning Commission finds that the small size of the subject
property is an exceptional or extraordinary circumstance or condition that does not
generally apply to other property in the same zoning district.
S. Such variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant, which right is possessed by other property owners
under like conditions in the same zoning district. The District has operated the Long
Point Pumping Plant on the subject property since 1967. The installation of the
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emergency generator on the subject property, which is part of a County-wide effort
to upgrade all of the District's sewer pump stations, is intended to upgrade the
operation of the facility to improve its functionality and reliability in the event of a
power loss. The owners of other commercially-zoned properties in immediate
vicinity are generally permitted to upgrade their properties to maintain their
functionality and integrity without the need for a variance. The Planning
Commission finds that the variance is necessary to preserve the same property right
for the District.
C. Granting the variance will not be materially detrimental to the public welfare or
injurious to property and improvements in the area in which the property is located.
The intent of the proposed project is to provide emergency back-up power for the
existing Long Point Pumping Plant. As such, it will serve to benefit general public
health, safety and welfare. The generator will be visually screened, soundproofed
and only infrequently serviced so as to minimize non-emergency impacts upon
surrounding residential uses. In addition, final approval of the placement of the
generator by the Fire Department will ensure that public safety is protected with
respect to the aboveground storage of diesel fuel within the required setback areas.
The Planning Commission finds that granting the variance will not be materially
detrimental to the public welfare or injurious to property and improvements in the
area.
D. Granting the variance will not be contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan. As discussed above in
Conditional Use Permit Finding 'F' and Coastal Permit Finding `A', respectively, the
Planning Commission finds that the proposed project is consistent with the City's
General Plan and Coastal Specific Plan.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.64.060
and 17.72.100(B) of the Rancho Palos Verdes Municipal Code, any such appeal must be
filed with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, no later than fifteen (15)days following May 22, 2007,the date
of the Planning Commission's final action. Pursuant to Section 17.72.100(E), no appeal
fee shall be assessed by the City.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a coastal
permit, conditional use permit and variance (Planning Case No. Z®N2006-00465) for an
aboveground emergency diesel generator for the Los Angeles County Sanitation District's
Long Point Pumping Plant, located at 6600'/2 Sea Cove Drive, subject to the conditions of
approval in the attached Exhibit 'A'.
P.C. Resolution No. 2007-38
Page 5 of 10
PASSED,APPROVED,AND ADOPTED this 22nd day of May 2007, by the following
vote:
AYES: Commissioners Karp, Knight and Ruttenberg, Vice Chairman Perestam.
NOES: Commissioner Lewis and Chairman Gerstner
ABSTENTIONS: none
ABSENT: (t: Commissioner Tetreault
Bill Gerstner
Chairman
Joel Ra ' AICP
Direct r f
D CtV
Planni Building
and C e Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-38
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EXHIBITW
CONDITIONS FOR
PLANNING CASE NO. Z 2006-00465
(Los Angeles County Sanitation District No. 5, 66001/2Sea Cove rive)
General Conditions:
1. Prior to the installation, connection and/or construction of the approved equipment
and structures, the applicant/property owner shall submit to the City a statement, in
writing, that they have read, understand, and agree to all conditions of approval
contained in this Resolution. Failure to provide said written statement within ninety
(90) days following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for an aboveground emergency diesel generator with a 225-gallon
fuel capacity on the site of the existing Long Point Pumping Plant. The Director of
Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans and any of the conditions of approval if such
modifications will achieve substantially the same results as would strict compliance
with the approved plans and conditions. Otherwise, any substantive change to the
project shall require approval of a revision to the coastal permit, conditional use
permit and/or variance by the Planning Commission and shall require new and
separate environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the CR district
development standards and the OC-2 and OC-3 performance criteria of the City's
Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits issued by the
appropriate permitting agency) within one year of the final effective date of this
Resolution, or if construction has not commenced within one hundred eighty (180)
days of the issuance of building permits, approval of the project shall expire and be
of no further effect unless, prior to expiration, a written request for extension is filed
with the Department of Planning, Building and Code Enforcement and approved by
the Director. Otherwise, a coastal permit, conditional use permit and variance
revision must be approved prior to further development.
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7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the conceptual plans stamped APPROVED by the City
with the effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
Coastal Permit Conditions:
11. During construction and installation, the applicant shall take reasonable steps to
ensure that existing public and private coastal access and recreational facilities are
not restricted or otherwise impinged upon, to the satisfaction of the Director of
Planning, Building and Code Enforcement.
12. Prior to the commencement of construction of the equipment enclosure and new
perimeter fence, the applicant shall dedicate a trail easement to the City along the
east side of the property to accommodate the connection of the Vanderlip,
Flowerfield and Long Point trails. The improved trail shall be at least five feet (5')
wide, and the trail easement shall be between seven feet(7')wide and ten feet(110')
wide. The final design and alignment of the trail and trail easement shall be subject
to the approval of the Director of Planning, Building and Code Enforcement prior to
recordation. Once constructed, maintenance of the trail shall become the
responsibility of the Sanitation Districts. However, the Districts may assign this
responsibility to the Terranea Resort, with the concurrence of the City and the
Terranea Resort.
Conditional Use Permit Conditions:
13. The applicant shall be responsible for implementation of all spill containment
recommendations and best management practices (BMPs) established by the
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Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the City's
NPDES consultant. The BMPs shall be included on the final plans approved by the
Director of Planning, Building and Code Enforcement.
14. Prior to the commencement of construction of the equipment enclosure, the
applicant shall provide evidence of Fire Department approval for the generator, to
the satisfaction of the Director of Planning, Building and Code Enforcement.
15. Prior to the commencement of construction of the equipment enclosure, the
applicant shall be required to modify the existing perimeter fencing to match the
design of the approved fencing for the Terranea Resort, to the satisfaction of the
Director of Planning, Building and Code Enforcement. Dense, screening foliage
shall be provide outside the perimeter fence on all four(4)sides of the property,with
the exception of the vehicular access gate on the east side. Any screening foliage
planted on the Terranea Report property may only be planted with the concurrence
of the resort. Once installed, maintenance of the landscape screening shall become
the responsibility of the Sanitation Districts. However, the Districts may assign this
responsibility to the Terranea Resort, with the concurrence of the City and the
Terranea Resort. The existing mature Metrosideros tree on the site shall be
retained.
16. The generator and electrical panel shall be placed within a roofed enclosure that is
designed to match or complement the design of the approved accessory buildings
at the Terranea Resort, to the satisfaction of the Director of Planning, Building and
Code Enforcement. The plans shall be submitted to the City for the Director's
review and approval prior to construction. The maximum height of the enclosure
shall be twelve feet (12').
17. The generator shall incorporate a built-in soundproof enclosure. The enclosure
shall provide sound attenuation to reduce noise levels from the generator to 65 dBA
at the nearest residential property line, subject to the review and approval of the
Director of Planning, Building and Code Enforcement. Within ninety (90) days of
the installation of the generator, the applicant shall provide the Director with a report
prepared by an acoustic engineer demonstrating that the noise level of the
generator does not exceed 65 dBA.
18. The generator may only be tested once per month for a maximum of one (1) hour
during daylight hours.
19. The generator shall be equipment with a lockable valve or lock-box for the fuel tank
drain pipe.
20. The applicant shall, at all times, maintain the security and integrity of the perimeter
fencing for the pumping plant.
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21. The emergency generator and electrical panel may be connected to the existing
sewer pumping plant as soon as all applicable appeal periods have expired, and the
City's decision is final
Variance Conditions:
22. The generator enclosure may be located up to the south and west property lines, as
depicted on the revised site plan reviewed by the Planning Commission on May 22,
2007. The applicant shall obtain the necessary permit for the construction of the
enclosure from the appropriate permitting agency.
NI:\Projects\ZON2006-00465(LACSD No.5,6600.5 Seacove Dr)\PC Resolution 2007-38.doc
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