PC RES 1998-012P.C. RESOLUTION NO. 98-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 155 -REVISION 'B' AND
GRADING PERMIT NO. 1987, THEREBY ALLOWING THE
REMOVAL OF THREE BELOW GRADE FUEL TANKS,
INSTALLATION OF TWO NEW ABOVE GRADE FUEL TANKS
AND ASSOCIATED 139 CUBIC YARDS OF GRADING ACTIVITY,
LOCATED AT THE MAINTENANCE YARD OF THE GREEN
HILLS MEMORIAL PARK, 27501 WESTERN AVENUE.
WHEREAS, on October 21, 1997, the applicant, HVN Environmental, on behalf of the
Green Hills Memorial Park, submitted applications for Conditional Use Permit No 155 -Revision
'B' and Grading Permit No 1987, to allow the removal of three existing below grade fuel tanks,
the installation of two new above grade fuel tanks, and a total of 139 cubic yards of grading
activity to restore the grade where the existing tanks will be removed, at the maintenance yard
of the Green Hills Memorial Park located on Western Avenue, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et seg ("CEQA!'), the State's CEQA Guidelines, California
Code of Regulation, Title 14, Section 15000 et seg., 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 155 -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 March 10, 1998, 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: 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 title or by conditions imposed under this section to adjust said use to those on
abutting land and within the neighborhood because the proposed tank locations exceed the
required minimum 40 -foot side -yard setback requirement by ten feet; is screened by existing
landscaping; the proposed tanks are approximately three feet lower than the maximum 12 foot
height limit for accessory structures except for a small vent that extends to a maximum 15 feet,
and the proposed project does not involve any expansion of capacity or use for the tank
Section 2: 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 Green
Hills Memorial Park is served by Western Avenue, a major arterial roadway; the maintenance
yard is located internally within the Green Hills Memorial Park thereby providing an internal
circulation plan; and the above -ground tanks will generate no more traffic to, from, or on the site
than currently exists with the underground tanks
Section 3: 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 tanks will be
designed and located to reduce the risk of upset to the community, the relocation of the tanks 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 tanks; the tanks shall be
designed and installed to contain fuel spills and minimize the risk of soil contamination, and the
tanks shall be screened from view from adjacent residences by existing foliage.
Section 4: The proposed use is not contrary to the General Plan because, it is consistent
with the Commercial - Cemetery land use of the Green Hills Memorial Park, 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: In meeting the development standards 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: The proposed Grading of 139 cubic yards (97 cubic yards of fill and 42 cubic
yards of cut) is consistent with all of the Criteria for evaluation of Major Grading Applications
because, 1), the grading does not exceed that which is necessary for the permitted primary use
of the lot as it is restoring the site to conditions existing prior to the installation of the below grade
tanks, 2), The grading does not significantly adversely affect the visual relationships with, nor the
views from, neighboring properties, as the new grade will match the existing surrounding level
grade, 3), the nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural as the new grade will match surrounding level grade, 4), the
grading takes into account the preservation of natural topographic features by maintaining the
surrounding grade level, 5), the grading would not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through the removal of vegetation as the grading
involves no impacts to vegetation or wildlife; and 6), the grading conforms to all of the standards
found in Municipal Code Section No. 17.76.040(E)(8)
Section 7: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17 80 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 March 10, 1998, the date of the Planning
Commission's final action
Section 8: 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 155 -Revision
'B'/Grading Permit No 1987, thereby allowing the removal of three existing underground fuel
tanks (a 5,000 gallon gasoline tank, a 4,000 gallon gasoline tank, and a 2,000 gallon diesel tank),
the installation of two new above grade fuel tanks (a 3,000 gallon gasoline tank, and a 2,000
gallon diesel tank), and a total of 139 cubic yards of grading (97 cubic yards of fill and 42 cubic
P C Resolution No 98-12
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yards of cut) to restore the area where the tanks are being removed to a level grade, for the
Green Hills Memorial Park, located at 27501 Western Avenue 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.
•
OgIlla • . • i • f ! i iii ! ! • i !
AYES Commissioners Alberi.o, Lyon, Paris, Slayden, Vannorsdall,
and Vice Chairman Cartwright.
NOES
ABSTENTIONS:
ABSENT Chairman Clark
Lawrence E Clark
Chairman
Joel Poias, AIC -P '
Acti Director of Plan m uilding and
Co a Enforcement, and, Secretary
to the Planning Commission
P C Resolution No. 98-12
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I�
EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 155 -REVISION 'B'
GRADING PERMIT NO. 1987
(27501 WESTERN AVENUE)
1) Prior to the submittal of plans to budding 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 of adoption of this Resolution shall render this approval
null and void.
2) This approval is for the removal of three existing underground fuel tanks (a 5,000 gallon
gasoline tank, a 4,000 gallon gasoline tank, and a 2,000 gallon diesel tank), the installation
of two new above grade fuel tanks (a 3,000 gallon gasoline tank, and a 2,000 gallon diesel
tank), and a total of 139 cubic yards of grading (97 cubic yards of fill and 42 cubic yards
of cut) to restore the area where the tanks are being removed to a level grade to be
located in the maintenance yard of the Green Hills Memorial Park at 27501 Western
Avenue The maximum height of the main portion of the tanks shall not exceed twelve
feet (12'-0") One vent, as shown on the plans as approved by the Planning Commission
on March 10, 1998 may be constructed up to a maximum fifteen feet (15'-0") high The
minimum setback from the side property line is forty feet (40'-0") Any change shall
require approval of a further revision to Conditional Use Permit No 155 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 Cemetery 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 one (1) year of the effective date of this Resolution, or if construction has
not been completed within 180 days 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 March 4, 1998
P C Resolution No 98-12
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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 for the approval of Conditional Use Permit No 155, remain
in effect.
9) The applicant shall obtain a grading permit from Building and Safety prior to the removal
of the existing underground gasoline storage tank
10) The refueling of vehicles and the refilling of the tanks shall be permitted only during
regular business hours between 7:00 AM and 4.00 PM, Monday through Sunday
Additionally, deliveries of fuel to the site shall occur only between 7 OOAM to 7 OOPM,
Monday through Sunday. The tanks shall only be used for the refueling of the Green Hills
Memorial Park'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 sod contamination.
Additional permits and/or requirements may be imposed by other agencies or City
departments.
12) The containment basin beneath the tanks shall provide a storage capacity equal to one
hundred twenty-five percent (125%) of the capacity of the tanks. Additionally, as shown
in the plans as approved by the Planning Commission on March 10, 1998, the owner shall
be responsible for installing 4" round crash posts around the above grade tanks.
13) Subject to review and approval by the Director of Planning, Budding and Code
Enforcement, prior to issuance of a final on the building permit for the proposed tanks, the
City shall make a site inspection to determine if the existing on-site foliage is adequate to
aesthetically screen the proposed above ground tanks.
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P C. Resolution No 98-12
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