PC RES 1997-008[;K4A§ :I • •
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 172 -REVISION 'B',
THEREBY ALLOWING THE RELOCATION AND REPLACE-
MENT OF AN EXISTING, 2,000 -GALLON UNDERGROUND
GASOLINE STORAGE TANK WITH A NEW, 2,000 -GALLON
ABOVE -GROUND GASOLINE STORAGE TANK FOR
CALIFORNIA WATER SERVICE COMPANY, LOCATED AT
5837 CREST ROAD
WHEREAS, on August 27, 1996, the applicant, California Water Service Company,
submitted an application for Conditional Use Permit No. 172 -Revision 'B' to allow the
replacement of an underground gasoline storage with an above -ground tank at their
office/maintenance facility on Crest Road; 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 Regulation, 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 Conditional Use Permit No 172 -Revision 'B'
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Class 2, Section 15302(c)), and,
WHEREAS, the Planning Commission held a hearing on November 26, 1996, and
January 14, 1997, at which time all interested parties were given an opportunity to be
heard and present evidence
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1: That the site for the intended use 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 this tale [Tale 17 "Zoning"] or by conditions imposed under this
section [Section 17 56 060] to adjust said use to those on abutting land and within the
neighborhood because the proposed tank location exceeds the required minimum 5 -foot
side -yard setback requirement by twelve feet (12'0"), the proposed tank is approximately
six feet (60") lower than the maximum 12 -foot height limit for detached accessory
structures, and the proposed project does not involve any expansion of capacity or use for
the tank
Section 2: That the site for the proposed use relates to streets and highways
properly designed to carry the type and quantity of traffic generated by the subject use
because the site is served by Crest Road, a major arterial roadway, and the above -ground
f
tank will generate no more traffic to, from, or on the site than currently exists with the
underground tank.
Section 3: That, in approving the subject use at the specific location, there will be
no significant adverse effect on adjacent property or the permitted use thereof because the
tank will be designed and located to reduce the risk of upset to the community; the
relocation of the tank will not generate significant additional noise associated with the
refueling of vehicles or refilling the tank beyond that which currently occurs with the
existing underground tank; the tank shall be designed and installed to contain fuel spills
and minimize the risk of soil contamination, and the tank shall be screened from view from
adjacent residences by existing fencing, foliage and topography
Section 4: That the proposed use is not contrary to the General Plan because, in
allowing California Water Service Company to operate in the most effective and efficient
manner possible, it implements Resource System Policy No 1 to "[cooperate] with
California Water Service Company to improve water service "; and, in incorporating
design features to minimize environmental impacts and risk from fire and explosion, it is
consistent with the Safety Goals of the General Plan "to provide for the protection of life
and property from both natural and man-made hazards within the community "
Section 5: That, in meeting the development standards for detached accessory
structures and incorporating features to protect the quality of the environment, the project
will provide the minimum necessary safeguards to protect the health, safety and general
welfare
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17 56 070 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15) days following January 14, 1997,
the date of the Planning Commission's final action.
Section 7: 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 approves Conditional Use Permit
No 172 -Revision 'B', thereby allowing the relocation and replacement of an existing,
2,000 -gallon underground gasoline storage tank with a new, 2,000 -gallon above -ground
gasoline storage tank for California Water Service Company, located at 5837 Crest Road,
subject to the conditions contained in Exhibit'A', attached hereto and made a part hereof,
which are necessary to protect the public health, safety and welfare in the area.
P C Resolution No 97-8
Page 2 of 5
PASSED, APPROVED, AND ADOPTED this 14th day of January, 1997, by the following
vote.
AYES. Vice Chairman Vannorsdall, Commissioners Cartwright, Ng, and
Whiteneck.
NOES Commissioner Alberio
ABSTENTIONS None
ABSENT- Chairman Clark
Carolynn Mtru
Director of Planning, Building and
Code Enforcement, and, Secretary
to the Planning Commission
Lawrence It' Clark
Chairman
P.C. Resolution No 97-8
Page 3 of 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 172 -REVISION 'B'
(5837 Crest Road)
1) 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.
2) 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
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 (60") 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.
3) 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 -4 district development standards of the City's Municipal Code Failure
to comply with and adhere to all of these conditions of approval will be cause
to revoke the approval of the project
4) If the above -ground gasoline storage tank has not been established (i.e.,
building permits obtained) within two (2) years of the effective date of this
Resolution, or if construction has not been completed within two (2) years
of the issuance of building permits, approval of 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 Planning Commission Otherwise, a conditional use permit
revision must be approved prior to further development
5) 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
6) 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.
P C Resolution No 97-8
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7) The hours of construction shall be limited to 7 00 AM to 7.00 PM, Monday
through Saturday. No construction shall be permitted on Sundays or on
legal holidays.
8) All other conditions of approval of P.0 Resolution No 92-60, approving
Conditional Use Permit No. 172, remain in effect
9) The applicant shall obtain a grading permit prior to the removal of the
existing underground gasoline storage tank
10) The refueling of vehicles and the refilling of the tank shall be permitted only
during regular business hours (8 00 AM to 4.30 PM, 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
11) The applicant shall be required to obtain the following permits and/or
approvals
a) 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
b) Approval from the Petroleum Chemical Unit of the Los Angeles
County Fire Department for the installation of the new tank and pump
c) 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
12) 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).
M \USERS\KITF\WPWIN60\PROJECTS\CUP172RB\CUP172RB RES
P C Resolution No 97-8
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