PC RES 2007-018 f �
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P.C. RESOLUTION NO. 2007-1
RESOLUTION F THE PLANNINGCOMMISSION F THE
CITY OF RANCHO PALPALOS VE ES CONDITIONALLY
APPROVING A COASTAL PERMIT, CONDITIONAL US
PERMIT N VARIANCE (PLANNING CASE NO. N2006-
064) FOR AN ABOVEGROUND EMERGENCY DIESEL
GENERATOR FOR THE LOS ANGELES COUNTY
SANITATIONI T ICT" COVE PUMPING PLANT,
LOCATED AT 44% SEA COVE DRIVE
WHEREAS, on August 25, 2006, the applicant, Los Angeles County Sanitation
District No. 5, submitted an application for Planning Case No. ZON2006-00464 for a
coastal permit, conditional use permit and variance to allow the installation of an
aboveground emergency diesel generator for the District's existing Sea Cove Pumping
Plant; and,
WHEREAS, on January 26, 2007, the application for Planning Case
No. ZON2006-00464 was deemed complete by Staff; 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, and !March 27, 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 Residential, <1
DU/acre 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 3—including
sewer facilities—notes that it was "almost totally complete" 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 3 states that
"[coastal] access in the area is confined to the private access point located on the
Palos Verdes Bay Club site. No provisions are incorporated in [the Coastal
Specific] Plan to provide additional access points in the area due to the severe
nature of the local sea cliffs." As such, the City's Coastal Specific Plan envisioned
that additional vertical coastal access in Subregion 3 would be impractical.
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)). Specifically,
Vanderlip Park (in Subregion 3) provides a bluff-top trail system, while Abalone
Cove Shoreline Park(in Subregion 5) provides a public parking area and a network
of public trails, including trails down the bluff face to the shoreline. 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 Palos
Verdes Bay Club provides coastal access and recreational facilities to its residents
and their guests, and the general public is served by trails and recreational facilities
in Vanderlip Park and Abalone Cove Shoreline Park. The proposed project will
have no impact upon these existing private and public 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 will
occupy approximately forty-nine square feet (49 SF) of the 1,600-square-foot lot.
The generator does not exceed the 12-foot height limit for accessory structures in
the RS-1 zoning district, nor does it encroach upon the required front-and side-yard
setback areas. While the generator would be located only three feet (3) from the
P.C. Resolution No. 2007-18
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rear property 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 westerly terminus of"old"Sea Cove Drive,just southwest of its
intersection with Packet Road. Sea Cove Drive is identified in the Rancho Palos
Verdes General Plan as a local roadway and is 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 Abalone Cove community 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 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 and will be
screened from view from surrounding properties by existing fencing and foliage.
D. The proposed use is not contrary to the General Plan. The project site is
designated Residential, <1 DU/acre in the General Plan. Although this land use
designation is primarily intended to accommodate the development of low density,
single-family residences,the development of utility infrastructure in support of such
residences is also consistent with this land use designation. The existing Sea Cove
Pumping Plant was constructed in 1961, 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
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.
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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". Existing fencing and foliage
will visually screen the proposed emergency generator. 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 : The Planning Commission makes the following findings of fact with
respect to the requested variance to reduce the rear-yard setback for the installation of an
aboveground emergency diesel generator for the Los Angeles County Sanitation District's
existing Sea Cove 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
1,600-square-feet in area (0.04 acre) in an area that is zoned for minimum 1-acre
lots. Most of the nearby bluff-top lots in the Abalone Cove community are an acre
or more 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 Sea
Cove Pumping Plant on the subject property since 1961. The installation of the
emergency generator on the subject property, which is part of a County-wide effort
to upgrade all 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 residential properties in the Abalone Cove
community are generally permitted to upgrade their properties to maintain their
functionality and integrity without the need for a variance. The Planning
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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 Sea Cove 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 rear-yard setback area.
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 17.72.1 00(6)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 March 27, 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 5m 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. ZON2006-00464)for an
aboveground emergency diesel generator for the Los Angeles County Sanitation District's
Sea Cove Pumping Plant, located at 44Y2 Sea Cove Drive, subject to the conditions of
approval in the attached Exhibit 'A'.
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PASSED,APPROVED, AND ADOPTED this 27th day of March 2007, by the following vote:
AYES: Commissioners Karp, Knight, Ruttenberg and Tetreault, Vice
Chairman Perestam and Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Lewis
Bill Gerstner
Chairman
Joel ojaK, 1CP
Director _' lanning(�Uilding
and CodJVE forcemeat; and,
I
Secreta the Planning Commission
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EXHIBITW
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2006-00464
(Los Angeles County Sanitation District No. 6, 44% Sea Cove Drive)
General Conditions:
I Prior to the submittal of plans into Building and Safety plan check, 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 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 Sea Cove 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 RS-1 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 obtained) 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 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.
Conditional Use Permit Conditions:
12. The applicant shall be responsible for implementation of all spill containment
recommendations and best management practices (BMPs) established by the
Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the City's
NPDES consultant.
13. Prior to commencement of construction,the applicant shall provide evidence of Fire
Department approval for the generator, to the satisfaction of the Director of
Planning, Building and Code Enforcement.
14. The applicant shall maintain the existing fencing and foliage on the property to
provide visual screening of the generator from abutting properties.
15. The generator shall incorporate a soundproof enclosure. The enclosure shall
provide sound attenuation to reduce noise levels from the generator to 65 dBA at
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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.
16. The generator may only be tested once per month for a maximum of one (1) hour
during daylight hours.
17. The generator shall be equipment with a lockable valve or lock-box for the fuel tank
drain pipe.
18. The applicant shall, at all times, maintain the security and integrity of the perimeter
fencing for the pumping plant.
Variance Conditions:
19. The generator shall be located no less than three feet(3')from the south (i.e., rear)
property line.
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