PC RES 2018-002 P.C. RESOLUTION NO. 2018-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT
NO. 172 REVISION "C" AND GRADING PERMIT TO MEMORIALIZE
THE ON-SITE FACILITIES AND OPERATIONS, AND TO ALLOW FOR
THE INSTALLATION OF A 1,000 GALLON ABOVE-GROUND DIESEL
FUEL TANK AND 20 CUBIC YARDS OF GRADING ON CALIFORNIA
WATER SERVICE PROPERTY LOCATED AT 5837 CREST ROAD
(CASE NO. ZON2015-00230).
WHEREAS, On October 13, 1992, the Planning Commission adopted P.C. Resolution
No. 92-60 approving Conditional Use Permit No. 172 to legalize the nonconforming use of the
property at 5837 Crest Road by California Water Service (CWS), and approve an 1,800 square
foot addition (never constructed)to the existing 3,840 square foot office building and a new 4,000
square foot carport(constructed as 3,200 square feet); and,
WHEREAS, On June 21, 1993, CWS submitted a request for a revision to this approval
(Revision 'A')for a 2,684 square foot addition to the existing 3,840 square foot office building. The
Planning Commission approved this revision on August 24, 1993 and a building permit for a
slightly larger 2,734 square foot addition was approved on April 22, 1994; and,
WHEREAS, on January 14, 1997, the Planning Commission adopted P.C. Resolution No.
97-8, approving Conditional Use Permit No. 172 Revision "B" to remove an existing underground
gasoline storage tank and replace it with an above-ground gasoline storage tank; and,
WHEREAS, on May 5, 2015, CWS submitted an application for Conditional Use Permit
Revision "C" (ZON2015-00230) requesting to install a 1,000 gallon above-ground diesel fuel tank
to fuel CWS trucks and equipment; and,
WHEREAS, on November 10, 2015, the Planning Commission held a duly noticed public
hearing, at which time CWS's application was continued to December 8, 2015 to provide an
opportunity for CWS to address the project and operational concerns raised by the public during
the public comment period and during the public hearing; and,
WHEREAS, at the December 8, 2015 Planning Commission meeting, the public continued
to raise concerns with the proposed diesel fuel tank and the overall use of the site, and as a result,
the Planning Commission continued the public hearing to an unspecified date to allow CWS
additional time to respond to the concerns raised at the public hearing; and,
WHEREAS, at the January 24, 2017 Planning Commission meeting, Staff provided a
status report for the project, and the Commission continued the public hearing to the April 25,
2017 meeting to allow CWS additional time for their legal staff to review and compile the
information required for Staff's review of the project; and,
WHEREAS, at the April 25, 2017 meeting, Staff provided a status report for the project,
and the Planning Commission, as recommended by Staff, continued the public hearing for the
CUP revision to September 12, 2017, and directed Staff to come back with a status report
regarding the installation of landscaping and fencing at its July 11, 2017 meeting; and,
P.C. Resolution No. 2018-02
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WHEREAS, on June 22, 2017, a public notice for the July 11, 2017 Planning Commission
meeting was mailed to all property owners within a 500' radius. Since the required landscape and
fencing plan could not be completed in time to allow the neighbors to review the plan prior to the
July 11th meeting, the Commission continued the public hearing to the September 12, 2017
meeting, based on CWS and the neighbors' request for additional time, and directed Staff to come
back with a status report at the July 25, 2017 meeting; and,
WHEREAS, at the July 25, 2017 meeting, Staff presented a status report to the Planning
Commission regarding the landscape and fence plan, and the Commission received and filed the
status report and continued the public hearing to the September 12, 2017 meeting; and,
WHEREAS, at the September 12, 2017 meeting, Staff informed the Commission that
additional time was needed to assess a recently submitted revised scope of work as it relates to
the Conditional Use Permit revision for the overall operations on the site. Based on Staff's
recommendation, the Commission voted to continue the public hearing to its December 12, 2017
meeting; and,
WHEREAS, the public notice announcing the availability of the Initial Study and draft
Mitigated Negative Declaration, and the proposed Conditional Use Permit No. 172 Revision "C"
and Grading Permit was sent to all property owners within 500' of the subject site, those who
requested notice, interested parties, and appropriate public agencies for a comment period of
more than 20-days, commencing on November 16, 2017, and concluding on December 12, 2017.
Additionally, the public notice was published on the same day in the Peninsula News; and,
WHEREAS, on December 12, 2017, the Planning Commission held a duly noticed public
hearing, considered public testimony, and directed Staff to bring a revised resolution based on
the Commission's input and continued the public hearing to the January 9, 2018 meeting.
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), the
Planning Commission of the City of Rancho Palos Verdes hereby adopted P.C. Resolution No.
2018-01 finding that there is no substantial evidence that the approval for the Conditional Use
Permit Revision and Grading Permit would result in a significant adverse effect on the
environment with the imposition of the appropriate mitigation measures on the project and
adopted a Mitigated Negative Declaration that was prepared and noticed in the manner required
by law; and,
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 project is to (1) memorialize the on-site facilities and
operations, which include a water quality lab and administrative operations center, a storage
building, an open rack structure for parts and supplies, a carport, a maintenance yard, trash bins,
emergency generators, storage containers, traffic control signs and equipment, an above-ground
gas tank and storage of parts and materials for maintenance and repairs to the water system, (2)
install a 1,000 gallon above-ground, solar-powered diesel fuel tank to fuel California Water
Services Company (CWS) vehicles and equipment on-site, and (3) conduct 20 cubic yards of
grading.
P.C. Resolution No. 2018-02
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Section 2: A Conditional Use Permit Revision is approved based on the following
findings:
A. The site is adequate in size and shape to accommodate the proposed use and for all of
the yards, setbacks, walls, fences, landscaping and other features required by this title or
by conditions imposed under this section to integrate the use with those on adjacent land
and within the neighborhood. The CWS site is approximately 5 acres in size consisting of
an office building, carports, maintenance structures, and mechanical units, and the
proposed diesel fuel tank will be clustered toward the center of the site, with other existing
mechanical structures, which include a cell antenna tower and generators. Existing
storage and shed structures to the west, existing fencing to the north, existing and
proposed foliage at the north-east, east, and south portions of the site, proposed fencing
at the east side of the site, and an existing office building to the south minimize the visual
appearance of the proposed fuel tank and other onsite operations from neighboring
properties and public right-of-ways.
B. The site for the use relates to streets and highways sufficient to carry the type and quantity
of traffic generated by the subject use. The re-fueling of the proposed diesel fuel tank will
occur during the same delivery schedule and by the same company as the existing gas
fuel tank, approximately on a quarterly basis. Additional delivery trucks will be required to
fuel the proposed diesel fuel tank, the overall additional traffic generated by the delivery
trucks will be minimal as the CWS diesel fleet trucks will no longer have to leave the site
to re-fuel.
Regarding the overall operations of the site, the number of employees at the site has been
reduced since the water utility use was initiated in the early 1960s, as several
administrative functions have been moved to off-site locations, including customer service
and meter reading services, thereby reducing the flow of traffic to and from the site. The
Staff Report for the original Conditional Use Permit No. 172 stated that the site contained
approximately 20 trucks and other assorted vehicles, and various machinery equipment
(backhoe, forklift, etc.). As the vehicles currently based at the site were captured in the
original CUP, and already have access via Crest Road and Scotwood Drive, the project
will result in negligible, less than significant changes to the ingress and egress trips at the
site. The spoils pickup and materials delivery that is scheduled to occur once a month,
and the sporadic pickup of fill and spoils drop-off during the day for emergency work that
is proposed to continue for an additional 6 months, and possibly extended an additional 6
months, will also result in a negligible, less than significant impact to the City's roads, as
the total traffic counts on this portion of Crest Road total 11,916 trips per day, per a May
2017 traffic study prepared for the City's General Plan update by Environmental Science
Associates.
C. The use at this specific location, with the incorporation of the attached Conditions of
Approval, will have no significant adverse effect on adjacent properties or the permitted
uses thereof. The property has been used by CWS since 1960 and is located adjacent to
developed residentially-zoned properties to the north, east and west, as well as a
developed commercially-used property to the south (Southern California Edison and
Frontier Communications). The diesel fuel tank and overall operations will be screened
from the view of most of the surrounding residential properties by existing structures and
existing and proposed foliage and fencing. The Commission finds that the project can be
approved based on the attached Conditions of Approval, which address screening, hours
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of operations, lighting, air quality, hazards and hazardous materials, hydrology and water
quality, noise, and enforcement, and are incorporated herein by reference.
D. The use is not contrary to the General Plan in that a policy "ensures adequate public
utilities and communication services to all residents, while maintaining the quality of the
environment" (Infrastructure Goal A)." The diesel fuel tank allows CWS vehicles to be
fueled on site for more efficient time management and customer services to the public,
while allowing the onsite facilities and operations to remain permits CWS to continue to
have materials, equipment, and staff readily available to ensure water services are
provided to the residents of the Peninsula and to efficiently and timely respond to any
damages or maintenance of the City's water system.
E. The subject property is not located within any of the overlay control districts
F. As discussed in Finding "C", the attached Mitigation Measures and Conditions of Approval
shall be used to mitigate potential impacts (aesthetics, air quality, geology and soils,
hazardous materials, hydrology/water quality, and noise) to neighboring properties to a
less than significant level.
Section 3: The Minor Grading Permit for the proposed 20yd3 of fill on the reservoir is
issued, as the Planning Commission finds that the proposed fill does not exceed that which is
necessary for the primary use (water utility) of the lot, it does not affect visual relationships with
neighboring properties as the elevation difference will be minimal, and the slope over the reservoir
will remain flat.
Section 4: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) 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, and accompanied
by the appropriate appeal fee, to the extent one is required by the Municipal Code, no later than
fifteen (15) days following January 9, 2018, the date of the Planning Commission's final action.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby
adopts P.C. Resolution No. 2018-02, approving Conditional Use Permit No. 172 Revision "C" and
Grading Permit to memorialize the on-site facilities and operations, and to allow for the installation
of a 1,000 gallon above-ground diesel fuel tank and 20 cubic yards of grading on the California
Water Service Company property located at 5837 Crest Road (Case No. ZON2015-00230).
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PASSED, APPROVED AND ADOPTED this 9th day of January 2018, by the following vote:
AYES: Commissioners Bradley, Emenhiser, Nelson, Tomblin, Leon and Vice-Chair James
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: None
William J. Ja s
Vice Chairman
CC.
Ara Mihra
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2018-02
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Exhibit "A"
Conditions of Approval
Conditional Use Permit No. 172 Revision "C"
and Grading Permit
(ZON2015-00230)
5837 Crest Road
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, CWS 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 the written statement within
ninety(90)days following the date of this approval shall render this approval null and void.
2. CWS shall indemnify, protect, defend, and hold harmless, the City, and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions
and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
nature), and alternative dispute resolutions procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively "Actions"), brought
against the City, and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. The Planning Commission shall conduct an annual review one year after the approval of
this Conditional Use Permit Revision No. "C", to review the Conditions of Approval
contained herein at a duly noticed public hearing. As part of the review, the Planning
Commission shall assess CWS's compliance with the conditions of approval and the
adequacy of the conditions imposed. At that time, the Planning Commission may add,
delete, or modify any conditions of approval as evidence presented at the hearing
demonstrates are necessary and appropriate to address impacts resulting from operation
of the project. Notice of said review hearing shall be published and provided to owners of
property within a five hundred foot (500') radius of the site, to persons requesting notice,
to all affected homeowners associations, and to CWS in accordance with the Rancho
Palos Verdes Municipal Code (RPVMC). As part of the annual review, the Planning
Commission shall consider, among other things, air quality, lighting, landscaping, and
noise. The Planning Commission may require such subsequent additional reviews, as the
Planning Commission deems appropriate. This provision shall not be construed as a
limitation on the City's ability to enforce any provision of the RPVMC regarding this project.
4. CWS shall pay for all costs, including Staff and City Attorney costs, associated with annual
reviews.
5. Prior to scheduling the annual review hearing with the Planning Commission, Staff shall
schedule a meeting between the neighbors and CWS, to review and provide input on the
current operations and the effectiveness of the Conditions of Approval to be considered
by the Planning Commission.
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6. The delivery and pickup of spoils and fill material shall be allowed to occur at this site for
a period not to exceed 6 months from the date of the adoption of P.C. Resolution No.
2018-02, or July 9, 2018, whichever is later. The Planning Commission may grant one
extension of up to 6 months at a duly noticed public hearing based on two findings: 1)
CWS demonstrates that the spoils operation could not be located to an off-site location by
this deadline, despite CWS's good faith efforts, and, 2) CWS shall submit written progress
reports to the City every 90 days from the date of adoption of this Resolution outlining its
efforts and accomplishments related to acquisition and construction of the new materials
and spoils storage facility.
7. If the Planning Commission determines that the activity must cease, CWS shall have 2
weeks from the date of the Commission's decision to relocate these operations.
8. 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.
9. Pursuant to Section 17.78.040, the Director of Community Development 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. Substantial changes to the project shall be
considered a revision and require approval by the final body that approved the original
project, which may require new and separate environmental review and public notification.
10. The project development on the site shall conform to the specific standards contained in
these Conditions of Approval or, if not addressed herein, shall conform to the City's
Municipal Code.
11. The project development on the site shall conform to the Commission-approved plans and
to the specific standards contained in these Conditions of Approval or, if not addressed
herein, shall conform to the RS-4 residential development standards.
12. Failure to comply with and adhere to all of these Conditions of Approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code or administrative citations as described in
Section 1.16 of the City's Municipal Code.
13. The life of the Conditional Use Permit shall run with the current California Water Services
use, or any future water utility company use of the property.
14. If CWS has not submitted an application for a grading and/or building permit for the
approved project or not commenced the approved project as described in Section
17.86.070 of the City's Municipal Code within one year of the final effective date of this
Resolution, 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 Community Development
Department and approved by the Director.
15. In the event that any of these Conditions of Approval are in conflict with the
recommendations and/or requirements of another permitting agency or City department,
the stricter standard shall apply.
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16. Unless otherwise designated in these Conditions of Approval, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the City with
the effective date of this Resolution.
17. 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.
18. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by the
contractor or property owner. Existing or temporary portable bathrooms shall be provided
during construction. Portable bathrooms shall be placed in a location that will minimize
disturbance to the surrounding property owners, to the satisfaction of the City's Building
Official.
19. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, CWS shall obtain an
encroachment permit from the Director of Public Works.
20. Permitted hours and days for construction activity are 7:00 a.m. to 6:00 p.m., Monday
through Friday, 9:00 a.m. to 5:00 p.m. on 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. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7:00 a.m. Monday through Friday and before 9:00 a.m. on Saturday, in
accordance with the permitted hours of construction stated in this condition.When feasible
to do so, the construction contractor shall provide staging areas on-site to minimize off-
site transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
21. All grading, landscaping, and construction activities shall be conducted using effective
dust control techniques, either through screening and/or watering.
22. This Conditional Use Permit including the Conditions of Approval shall supersede the
Conditions of Approval of P.C. Resolution Nos. 92-60 (CUP No. 172), 93-21 (Revision
"A"), and 97-8 (Revision "B"), provided that the following conditions from CUP No. 172,
and Revisions "A" and "B" are incorporated herein:
a. California Water Service Use (Conditional Use Permit No. 172):
i. Maximum height of the office/storage addition shall not exceed 10'-3" (or
an elevation of 1200.25' as measured from the northeast corner of the
addition).
ii. Maximum height of the storage shed shall not exceed 16'-0" (or an
P.C. Resolution No. 2018-02
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elevation of 1202.6' as measured from the southwest corner of the
structure).
iii. The storage shed shall be located at least five feet(5'-0")from the westerly
property line.
iv. The applicant shall maintain the landscaping in the area between the
storage shed and the existing chain link fence. The intent of this condition
is to screen only those areas that may not be screened by the existing
vegetation on the transitional slope.
v. The existing fence along the west property line adjacent to the storage
structure shall be maintained or replaced in kind if it must be removed
during construction.
vi. The west wall of the shed shall be constructed of decorative/split face block
material. Any changes to this material shall be reviewed and approved by
the Director of Community Development.
b. Administrative Building and Storage Shed (Conditional Use Permit No. 172
Revision "A"):
i. The maximum encroachment for the addition shall not exceed fifteen feet
(15') into the required twenty foot front yard setback.
ii. The minimum 5'- 0" side yard setback shall be maintained.
iii. The maximum height of the addition shall not exceed sixteen feet (16') or
a ridge elevation of one thousand, two hundred feet(1200.0'), as measured
from pad elevation one thousand, one hundred and eighty four(1184. 0').
iv. The maximum eave projections into the required setbacks shall not exceed
four inches (4")for each one foot(1'- 0") of required setback.
v. The addition shall substantially conform to the set of plans that were
submitted to and stamped as received by the Environmental Services
Department on June 21, 1993.
vi. This approval is for the proposed office/storage addition only two thousand,
six hundred and eighty four square feet(2,684ft2)
c. 2,000 Gallon Gasoline Storage Tank (Conditional Use Permit No. 172 Revision
"B„):
i. Within thirty (30) days following adoption of this Resolution, the applicant
and the 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 shall
render this approval null and void.
ii. This approval is for the placement of a 2,000-gallon above-ground gasoline
storage tank to be located on the site of California Water Service Company
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at 5837 Crest Road. The maximum height of the tank is twelve feet (12'0")
although the required vent pipes may exceed this height limit if required for
health and safety purposes. The minimum setback from the side property
line is five feet(5'0"). Any change shall require approval of a further revision
to Conditional Use Permit No. 172 by the Planning Commission and shall
require a new and separate environmental review.
i. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans submitted to the City
on August 27, 1996.
ii. The applicant shall obtain a grading permit prior to the removal of the
existing underground gasoline storage tank.
i. The refueling of vehicles and the refilling of the tank shall be permitted only
during regular business hours (8:00 a.m. to 4:30 p.m. Monday through
Friday), except in case of emergency. The tank shall only be used for the
refueling of California Water Service Company's fleet vehicles and
equipment, and not for vehicles or equipment belonging to or operated by
members of the general public.
ii. The applicant shall be required to obtain the following permits and/or
approvals:
1. Approval from the Waste Management Division of the Los Angeles
County Department of Public Works for dispensing fuel and
management of motor fuel waste products.
2. Approval from the Petroleum Chemical Unit of the Los Angeles
County Fire Department for the installation of the new tank and
pump.
3. Approval from the South Coast Air Quality Management District for
the pump nozzle vapor recovery system and any soil contamination.
Additional permits and/or requirements may be imposed by other
agencies or City departments.
iii. Notwithstanding the plans submitted to the City on August 27, 1996:
a) The containment basin beneath the tank shall be enlarged and/or
deepened as necessary to provide a storage capacity equal to one
hundred twenty-five percent(125%) of the capacity of the tank, or 2,500
gallons (334 cubic feet).The maximum height of the tank is twelve feet
(12'0") although the required vent pipes may exceed this height limit if
required for health and safety purposes.
23. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution.
Project Specific Conditions (Conditional Use Permit No 172 Revision "C"):
24. This approval shall allow for the following as-built and proposed improvements and uses:
a. Diesel Fuel Tank: Installation of a one thousand (1,000) gallon above-ground,
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solar-powered, diesel fuel tank measuring eleven feet, one inch (11'-1") in length,
five feet, eight inches (5'-8") in width and five feet, three inches (5'-3") in height
with a six foot, nine inch (6'-9")tall vent on top of the fuel tank resulting in an overall
height that shall not exceed twelve feet (12') as measured from adjacent grade.
The diesel fuel tank shall only be allowed to fuel CWS vehicles and equipment on-
site, except in emergency situations, the diesel fuel tank may be used by offsite
CWS vehicles and/or other entities.
The diesel fuel tank shall be placed on a concrete pad measuring approximately
fourteen feet (14') in length and eight feet (8') in depth located north of the Cal
Water office building, next to existing generators, as depicted on the site plan
reviewed by the Planning Commission at its December 12, 2017 meeting.
Protective bollards measuring four feet (4') in height shall be placed around the
proposed fuel tank area and shall match the color and material of the bollards
surrounding the existing generators.
The proposed fuel tank shall be located in an area that has two dumpsters, which
shall be relocated to the south-west corner of the generator area.
b. Diesel Fuel Tank Inspections:
i. The 1,000 gallon diesel fuel tank and solar-powered pump shall be
inspected on an annual basis by the Los Angeles County Fire
Department Health Hazardous Materials Division. CWS shall provide the
Director of Community Development with the inspection report no later
than thirty (30) days after the inspection has occurred.
ii. The 1,000 gallon diesel fuel tank and solar-powered pump shall be
inspected regularly, as required by the CAL FIRE-Office of the State Fire
Marshal and shall comply with the reporting and fee requirements of the
Aboveground Petroleum Storage Act.
c. Spill Prevention Control and Countermeasure Plan: Prior to any permit
issuance, CWS shall prepare and submit a Spill Prevention Control and
Countermeasure Plan for review and approval by the Director of Community
Development for both the existing 2,000 gallon gasoline tank and the 1,000 gallon
diesel fuel tank.
d. Diesel Fuel Tank: Prior to any permit issuance, CWS shall demonstrate to the
satisfaction of the Director of Community Development that the diesel fuel tank
includes following safety measures:
a. Fill limiter valves which will shut off at 95% capacity,
b. Emergency safety equipment including an emergency shut-off switch and
a properly rated fire extinguisher that will be located near the tank system,
c. Static warning decal and fueling instructions posted,
d. Training of all employees in the proper and safe operation of the tank.
e. Existing Structures: A 6,574ft2 water quality lab and administrative operations
center, a 720 ft2 storage building, a 190ft2 open rack structure for parts and
supplies, and a 3,200ft2 carport.
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f. Maintenance Yard: The site shall be allowed to be used as a maintenance yard
to support the operations for Cal Water only. The maintenance yard shall be limited
to the area shown on the site plan reviewed by the Planning Commission on
December 12, 2017, and shall consist of the following improvements:
i. Trash bins;
ii. Emergency generators with internal diesel fuel supply;
iii. Storage of parts and materials for maintenance and repairs to the water system
within the storage building, the open rack structure, the five storage containers
onsite, and within the previous location of the fill material bins at the north side
of the site;
iv. Three storage containers measuring 20' long x 8.5' wide x 8' tall, and two
storage containers measuring 10' long x 8.5' wide x 8' tall, all with circular
rooftop vents, shall be used for storage of parts and materials;
v. Dumpsters for trash and recycling; and,
vi. Storage of traffic control signs and equipment within an enclosure structure, or
if stored within an open area, shall be screened from view from neighboring
properties.
vii. An above-ground 2,000 gallon gasoline storage tank originally permitted under
CUP No. 172 Revision "B".
Any future revisions to the layout of the Maintenance Yard shall be reviewed by
the Planning Commission as a Conditional Use Permit revision at a duly noticed
public hearing.
g. Temporary Storage of Spoils: Spoils consisting of soil and fill materials (i.e.
asphalt, road base, and sand) shall be allowed to be temporarily stored on site in
three as-built bins, two measuring 20' long x 20'wide (for sand and base) and one
measuring 20' long and 10' wide (for asphalt). The bins shall be located in the
existing parking lot, south of the reservoir, as shown on the site plan reviewed by
the Planning Commission on December 12, 2017. See Condition No. 6 above for
additional details regarding the time frame for these bins.
h. Permanent Spoils Storage: When the temporary storage of spoils is relocated to
an offsite location, this approval shall allow up to 5 cubic yards of spoils to be kept
on site in a closed container to enable Cal Water to perform small, routine
maintenance. As needed, the container shall be picked up by a waste company
who shall remove the entire container. When a crew member is not emptying a
container of spoils, the dumpster lid shall be kept closed to prevent the escape of
any dust. No construction machinery(such as a front loader)shall be used to dump
spoils into the dumpster.
i. Permanent Fill Materials Storage: When the temporary storage of fill materials
is relocated to an offsite location, this approval shall allow a small amount of sand
(1 yd3), road base(1 yd3), and asphalt(2yd3)to be kept on site in covered containers
to enable Cal Water to perform small, routine maintenance. When a crew member
is not utilizing the fill materials, the container lids shall be kept closed to prevent
the escape of any dust. No construction machinery (such as a front loader) shall
be used to dump and/or retrieve materials into the containers.
P.C. Resolution No. 2018-02
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j. Reservoir/Pumping Facilities: The operation of a water storage facility with
corollary facilities consisting of pumps, control valves, vents, and hatches. The
reservoir surface shall be landscaped and maintained by CWS to the satisfaction
of the Director of Community Development per Condition No. 24.k.
k. Landscape Improvements: No later than 60 days from the date of the adoption
of this Resolution, or March 10, 2018, CWS shall install the following per the
Landscape Plan reviewed by the Planning Commission on December 12, 2017:
i. Placement of fill to connect the existing two earthen berms along the lower
eastern property line (total length of 142 feet(142')).
ii. Re-compact the earthen berm, cover with six inches (6")of topsoil so the berm
can support plant growth, cover with jute netting and hydroseed with Stover
Hillside Grass Mix.
iii. Install a six foot, eight inch (6'-8") tall, green vinyl fence on top of the entire
length of the two connected earthen berms.
iv. Install seventy four(74) new plants along the entire periphery of the reservoir,
and on the north, east and south sides of the maintenance yard including:
Strawberry Tree, Ray Hartman California Lilac, Red Trumpet Vine, Hopseed
Bush, Silk Tassel Bush, Pink Melaleuca, Yellow Bells, Fern Pine, and African
boxwood.
v. Hydroseed the lawn area above the reservoir with Buffalo Grass.
vi. Install new irrigation lines for the new plants.
I. Fencing Improvements: No later than sixty (60) days from the date of the
adoption of this Resolution, or March 10, 2018, CWS shall install the following
fencing to provide screening between the site and the neighboring properties to
the north and south
i. Installation of a six foot (6') tall fence with wires attached to the east side
of the fence, to allow foliage to climb up and cover the fence, on top of
the berm along its entire length;
ii. Installation of two five foot, five inch(5'-5")long, four foot(4')tall CMU walls
(external face painted green) at right angles at each of the six existing
reservoir vents;
Hours of Operations
25. Daily facility operations shall occur Monday through Friday between 8:00 a.m. and 4:30
p.m.
26. Other than in emergency situations, fill materials (sand, road base, asphalt) and spoils
drop-off and pickup shall only occur within the hours of 8:00 a.m. and 7:00 p.m., Monday
through Friday, and 9:00 a.m. and 4:30 p.m. on Saturday, with none occurring on Sunday
and/or Federal Holidays.
27. Not including spoils and materials pickup and delivery, deliveries involving commercial
vehicles weighing in excess of 6,000 pounds shall be allowed only between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday, and between 9:00 a.m. and 4:30 p.m.
on Saturday, with none occurring on Sunday and/or Federal Holidays.
P.C. Resolution No. 2018-02
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28. The refueling of vehicles and the refilling of the tank shall be permitted only during regular
business hours (8:00 a.m. to 4:30 p.m., Monday through Friday, with no deliveries or
refueling on Saturdays, Sundays or federal Holidays.), except in case of emergency. The
tank shall only be used for the refueling of California Water Service Company's fleet
vehicles and equipment, and not for vehicles or equipment belonging to or operated by
members of the general public.
29. Maintenance of the reservoir, including inspecting the reservoir pumps, shall occur
Monday through Friday between 2:00 p.m. and 10:00 p.m., and Saturday and Sunday
between 8:00 a.m. and 4:30 p.m.
30. In the event of an emergency, the site may be utilized at any hour or day to respond to the
specific emergency, and shall be staffed according to need. An emergency is considered
a threat to life, property or public health and safety.
31. The construction of the concrete pad and the installation of the tank will be subject to
standard hours of construction activity, which are 7:00 a.m. to 6:00 p.m., Monday through
Friday, 9:00 a.m to 5:00 p.m. on Saturday, with no construction activity permitted on
Sundays or on the legal holidays as specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code.
Noise
32. There shall be no idling of vehicles or delivery trucks allowed during the refueling of the
tanks. Engines shall be turned off during refueling.
33. No modifications shall be made to the fuel tank such that the noise levels created by
utilization of the tank and pump exceed the 65 dBA as measured from the closest property
line.
34. Within 90 days of the adoption of this Resolution, or by April 9, 2018, CWS shall install
metal insulated sound attenuating structures around the water pumps and sound-
attenuating blankets on the control valves on the southern end of the site and shall use a
metal material that is greenish-brown ("Grouse Tan") color as deemed acceptable by the
Director of Community Development.
35. Unless safety provisions require otherwise, the construction contractor shall adjust all
audible back-up alarms to the lowest volume appropriate for safety purposes (i.e. still
maintaining adequate signal-to-noise ratio for alarm effectiveness). The contractor shall
consider signal persons, strobe lights, or alternative safety equipment and/or processes
as allowed for reducing reliance on high-amplitude sonic alarms.
36. If noise attenuation features are required to be installed per Mitigation Measure N-6, a
follow up noise analysis shall be completed within 30 days from the date of installation of
these noise attenuation features to determine their effectiveness and thus whether
additional measures need to be put in place. If required, these additional measures shall
be installed within 30 days from the submittal to the City of the follow-up noise analysis.
P.C. Resolution No. 2018-02
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Grading Permit
37. This permit allows for 20yd3 of imported material to cover the reservoir area and fill the
gap between the existing two earthen berms.
38. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMITS, haul routes to
transport soil shall be approved by the Public Works Department.
39. All movement of spoils and/or imported soil shall cease when winds gusts (as
instantaneous gusts) exceed 25 mph.
Spoils and Soil Testing
40. Until the spoils storage is permanently moved offsite, the spoils stored at the site shall be
tested prior to each spoils bin pickup (emptying) by a certified soil testing lab utilizing the
following tests:
a. Metals method 6020 (which tests for over 20 types of metals)
b. Mercury method 7471A (a technique which tests for mercury in solid or semisolid
form.)
c. Volatiles method 8260B (which tests for over 100 types of volatile compounds)
d. Fish Bioassay (measures aquatic toxicity)
e. Asbestos
The resulting report for the tests required in this condition shall be forwarded to the City
within one week of being completed and shall be made available to the public on the City's
website and sent to interested parties via listsery within two business days of the City's
receipt of the report.
CWS shall notify City Staff in advance of removing any spoil material to allow the City to
issue a list-serve announcement to subscribers at least 24 hours in advance of removal.
41. Should any contaminants be found beyond the acceptable levels stipulated by the EPA,
CWS shall be responsible for the appropriate disposal of the contaminated soil within one
week of the forwarding of the resultant report to the City.
42. All storage bins containing dust-producing materials will be tarped when not loading or
unloading.
43. When in use, the spoils and materials area be continuously watered, or watered as often
as needed to reduce the release of dust.
44. Within 30 days of the adoption of this Resolution, or by February 8, 2018, signage requiring
that the spoils and materials area be continuously watered, or watered as often as needed
to reduce the release of fugitive dust when disturbed, shall be posted in a visible location
at both the spoils bin and the temporary materials bins. Sand, road base and asphalt shall
be shipped directly to job sites where practicable.
Views
45. All existing and proposed foliage shall be trimmed on an annual basis as determined by
P.C. Resolution No. 2018-02
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the Director of Community Development pursuant to Section 17.02 of the RPVMC in order
to minimize any significant view impairment as seen from the adjacent residential
properties.
Lighting
46. Any temporary lighting used for emergencies shall be no taller than 10' in height and shall
be pointed down to not cause excessive glare or light trespass onto any adjacent
residential property or public street.
Landscape Maintenance
47. Prior to the installation of any landscaping approved in these Conditions of Approval, CWS
shall submit a Landscape Maintenance Plan for review and approval by the Director of
Community Development. At a minimum, the Landscape Plan shall be consistent with the
following requirements:
• That landscape maintenance activities, including lawn mowing, are prohibited
between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday, and on
Sundays and Federal holidays.
• That the use of weed and debris blowers and parking lot sweeping shall be
prohibited before 8:00 a.m. or after 5:00 p.m., Monday through Friday, or before
9:00 a.m. or after 4:00 p.m. on Saturday or at any time on Sundays and Federal
holidays.
• General identification of the irrigation hours.
• General tree pruning and trimming schedule.
The implementation of the Landscape Maintenance Plan shall be reviewed by the Director
of Community Development 3 months after the installation of the landscaping, and shall
be subsequently reviewed by the Planning Commission at the annual review required in
Condition No. 3. At either review, the Director and/or the Planning Commission may
determine that the Landscape Maintenance Plan needs to be revised to address
confirmed noise impacts.
If the City receives any justified noise complaints that are caused by the maintenance of
the landscape and lawn areas, as verified by the Director of Community Development,
upon receipt of notice from the City, CWS shall respond to the verified complaint by
notifying the City of the implementing corrective measures within 24 hours from the time
of said notice.
Notice of the Director's decision resulting from the 3-month review of Landscape
Maintenance Plan shall be provided to all interested parties and may be appealed to the
Planning Commission by any interested party.
48. Per the "Maintenance Guidelines" listed on sheet L-2 of the approved landscape plans,
the newly planted shrubs, grass and irrigation shall be inspected weekly for 90 days after
installation, and then monthly up to one year after installation. A written summary of this
inspection shall be submitted (via email) to City Staff and shall be provided to the public
P.C. Resolution No. 2018-02
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via listsery email and posted on the City's website within two business days from receipt.
49. Dead plants shall be replaced as needed, with the same type of plant, or another type
listed on the approved landscape plan, within two weeks of notification to CWS. Any
alternative replacement plants shall be approved by the Director of Community
Development.
Mitigation Measures
50. AES-1: The proposed landscaping and fencing shall be installed per the Plan approved
by the Director of Community Development within 60 days from the date of the Planning
Commission's approval of Conditional Use Permit No. 172 Revision "C". Within 30 days
from installation, the Director of Community Development shall determine whether
additional screening is needed to adequately screen the existing and proposed uses and
structures on the site from the neighboring residences.
51. AES-2: All existing and proposed foliage shall be trimmed on an annual basis as
determined by the Director of Community Development in order to minimize any significant
view impairment as seen from the adjacent residential properties.
52. AES-3: Any temporary lighting used for emergencies shall be no taller than 10' in height
and shall be pointed down to not cause excessive glare or light trespass onto any adjacent
residential property or public street.
53. AQ-1: Any maintenance areas at the site which are not located on existing paved areas
shall be treated with an environmentally-friendly sealant or shall be watered down as often
as needed in order to prevent the release of dust caused by the movement of heavy
equipment such as skip loaders, dump trucks, etc.
54. AQ-2: All trucks hauling soil, sand, and other loose materials shall be covered (e.g., with
tarps or other enclosures that would reduce fugitive dust emissions), and shall have
adequate freeboard to avoid spillage around the edges of the cover.
55. AQ-4: Prior to the final building inspection, the diesel fuel tank and associated equipment
shall contain mechanisms to prevent the escape of vapors consistent with the City's
adopted Uniform Building Code.
56. -AQ-5: Minimize idling time by requiring that equipment be shut down after 5 minutes when
not in use(as required by the State airborne toxics control measure[Title 13, Section 2485
of the California Code of Regulations]). Provide clear signage that posts this requirement
for workers at the entrances to the site and provide a plan for the enforcement of this
requirement.
57. AQ-6: Maintain all construction equipment in proper working condition and perform all
preventative maintenance. Required maintenance includes compliance with all
manufacturer's recommendations, proper upkeep and replacement of filters and mufflers,
and maintenance of all engine and emissions systems in proper operating condition.
58. GEO-1: Building permits shall be obtained for all water system facilities, maintenance and
operational uses, including any ancillary structures, if required.
P.C. Resolution No. 2018-02
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59. HAZ-1: Prior to issuance of any permits from the Building & Safety Division CWS shall
satisfy the criteria from the following agencies by obtaining appropriate approvals: 1)
Waste Management Division of the Los Angeles; 2) County Department of Public Works
for dispensing fuel and management of motor fuel waste products. 3) Approval from the
Los Angeles County Fire Department for the installation of the new tank and pump.
60. HAZ-2: Prior to issuance of any permits from the Building & Safety Division, CWS shall
demonstrate that the proposed 1,000 gallon diesel fuel storage tank complies with
Underwriters Laboratories (UL) Standard 142 for "Steel Aboveground Tanks for
Flammable and Combustible Liquids" and UL Standard 2085 for"Protected Aboveground
Tanks for Flammable and Combustible Liquids", by incorporating design features that
create a barrier to prevent fuel leaks.
61. HAZ-3: The spoils stored at the site shall be tested just prior to CWS's off-site disposal of
the spoils and the results obtained before the material in the spoils bin is disposed of off-
site. Testing shall include typical contaminants. The resulting report for these tests shall
be forwarded to the City within one week of completion. Should any contaminants be found
beyond the acceptable levels set by the United States Environmental Protection Agency,
CWS shall be responsible for the appropriate disposal of the contaminated soil in a manner
which complies with applicable state and federal law. This mitigation measure shall no
longer be applicable after Cal Water relocates the spoils bin to a new site.
62. HAZ-4: Diesel fuel and oil will be used, stored and disposed in accordance with standard
protocols for handling of hazardous materials. All personnel involved in use of hazardous
materials will be trained in emergency response and spill control. Written evidence of this
training shall be provided to City Staff within 15 days from the date the diesel fuel tank is
put into service on the site.
63. HWQ-1: Prior to any permit issuance by the City's Building and Safety Division, CWS shall
submit for review and approval a drainage plan that complies with the National Pollutant
Discharge Elimination System permits for storm water discharges.
64. HWQ-2: Prior to any permit issuance by the City's Building and Safety Division, the project
shall apply Best Management Practices (BMPs) for run-off control during construction
activities to prevent pollutants from entering the City's storm drains.
65. HWQ-3: Prior to issuance of any permits from the City's Building & Safety Division, CWS
shall demonstrate that the proposed 1,000 gallon diesel fuel storage tank complies with
Underwriters Laboratories (UL) Standard 142 for "Steel Aboveground Tanks for
Flammable and Combustible Liquids" and UL Standard 2085 for"Protected Aboveground
Tanks for Flammable and Combustible Liquids", by incorporating design features that
create a barrier to prevent fuel leaks.
66. LUP-1: Conditions of approval from Conditional Use Permit No. 172 and Revisions "A"
and "B"shall remain in full force and effect as reflected in Condition No. 22. In cases where
contradictions exist between conditions, the stricter condition shall govern.
67. N-1: Permitted hours and days for construction activity are 7:00 a.m. to 6:00 p.m., Monday
through Friday, 9:00 a.m. to 5:00 p.m. on 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. During demolition, construction and/or grading operations,
P.C. Resolution No. 2018-02
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trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7:00 a.m. Monday through Friday and before 9:00 a.m. on Saturday, in
accordance with the permitted hours of construction stated in this condition. When feasible
to do so, the construction contractor shall provide staging areas on-site to minimize off-
site transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
68. N-2: Noise generated by the daily operations, including the proposed fuel tank and pump
and any other associated equipment, shall not exceed 65 dBA as measured from the
closest property line.
69. N-3: Not including spoils and materials pickup and delivery, deliveries involving
commercial vehicles weighing in excess of 6,000 pounds shall be allowed only between
the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, and between 9:00 a.m. and
4:30 p.m. on Saturday, with none occurring on Sunday and/or Federal Holidays.
70. N-4: There shall be no use of the spoils or storage bins between the hours of 7:00 p.m.
and 8:00 a.m., Monday through Friday, nor before 9:00 a.m. or after 4:30 p.m. on
Saturday, with none occurring on Sunday and/or Federal Holidays.
71. N-5: Unless safety provisions require otherwise, the construction contractor shall adjust
all audible back-up alarms to the lowest volume appropriate for safety purposes (i.e. still
maintaining adequate signal-to-noise ratio for alarm effectiveness). The contractor shall
consider signal persons, strobe lights, or alternative safety equipment and/or processes
as allowed for reducing reliance on high-amplitude sonic alarms.
72. N-6: A noise study shall be completed within 30 days of the Planning Commission's
approval of the CUP to assess the noise levels of a typical spoils pickup and a typical fill
materials delivery at the closest property line. If it determined that the noise levels exceed
65dBA at any property line, CWS shall be required to install noise attenuation features,
such as, but not limited to, portable noise barriers to reduce these decibel levels to less
than 65dBA at the adjacent property lines.
P.C. Resolution No. 2018-02
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