PC RES 2019-025 P.C. RESOLUTION NO. 2019-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT NO. 182 REVISION "F" AND
GRADING PERMIT TO ALLOW THE OPERATION OF A
HYDROGEN FUELING STATION WITH THE
INSTALLATION OF A HYDROGEN FUEL PUMP, TANK
AND ASSOCIATED MECHANICAL EQUIPMENT,
CONTAINED WITHIN A 13' TALL CMU BLOCK WALL
ENCLOSURE WITH A 25' TALL VENT PIPE AND TO
CONDUCT 100 CUBIC YARDS OF GRADING TO
ACCOMMODATE THE PROPOSED IMPROVEMENTS, ON
THE PROPERTY LOCATED AT 28300 S. WESTERN
AVENUE (PLCU 2018-0004)
WHEREAS, On February 14, 1995, the Planning Commission adopted P.C.
Resolution No. 95-05, approving Conditional Use Permit No. 182 and Sign Permit No.
720 for the remodeling and expansion of the then-Mobil service station for Mr. and Mrs.
William Myers, property owners, on Hawthorne Boulevard at Granvia Altamira, and
installation of new signs. The Planning Commission's decision was appealed to the City
Council, who on May 2, 1995, denied the appeal and upheld the Planning Commission's
approval of Conditional Use Permit No. 182 and Sign Permit No. 720.
WHEREAS, on May 13, 1997, the Planning Commission adopted P.C.
Resolution 97-25 thereby approving modifications to the Conditions of Approval as part
of the six-month review of Conditional Use Permit No. 182.
WHEREAS, on December 8, 1998, the Planning Commission adopted P.C.
Resolution 98-41 thereby approving Conditional Use Permit No. 182 Revision "A"to allow
off-site sales of beer and wine within the existing convenience store.
WHEREAS, on February 8 2000, the Planning Commission adopted P.C.
Resolution 2000-04 thereby approving Conditional Use Permit No. 182 Revision "B" and
Sign Permit No. 720 Revision "A" to allow a hand car wash and detailing operation at
the then existing Mobil station. The Planning Commission's decision was appealed to
the City Council, who on April 4, 2000, denied Conditional Use Permit No. 182 Revision
"B" and Sign Permit No. 720 Revision "A".
WHEREAS, on July 25, 2000, the Planning Commission adopted P.C. Resolution
2000-24, thereby approving Conditional Use Permit No. 182 Revision "C" and Sign
Permit No. 720 Revision "B", allowing the installation of three banners within the service
bay areas, additional logo signs, island directional units, advertisement signs on the fuel
dispensers, and temporary and permanent window signage.
WHEREAS, on September 13, 2005, the Planning Commission approved
Conditional Use Permit No. 182 Revision "D" and Sign Permit No. 720 Revision "C", for
Mr. Michael Shapiro, the successor in interest to Mr. Myers, allowing the installation of
the new Valero signage and denying changing the color scheme on the existing building
and canopy. However, on September 14, 2005 the Applicant, withdrew the application,
therefore, the approval was no longer valid. Thus, the conditions of approval adopted in
2000 as a part of the approved Sign Permit No. 720, Revision "B" continue to remain in
full force and effect.
WHEREAS, on May 11, 2015, Beechgate LLC, the successor in interest to Mr.
Shapiro, submitted an application for a Conditional Use Permit Revision and a Sign
Permit Revision seeking approval of the change-out of the existing Valero signage to
the new Shell signage, as well as allowing the installation of a new LED monument price
sign at the south-east corner of the subject lot.
WHEREAS, on October 15, 2015, Staff administratively approved a Sign Permit to
allow the change out of certain existing Valero signs to Shell signs. These sign change
outs did not require a revision to the P.C. approved Sign Permit as they were consistent
with the previous conditions.
WHEREAS, on January 25, 2016, the Planning Commission approved Conditional
Use Permit No. 182 Revision "E" and Sign Permit No. 720 Revision "D" (Case No. ZON
2015-00239), to allow the installation of two 7.79 square foot internally illuminated signs
along the east and west fascia of the mansard service canopy, a new 46.66 square foot,
6-foot tall, double faced LED monument price sign to replace the then-existing monument
price sign, a 7.16 square foot "Service Center" sign measuring 10 '/2" x 8 2 %" above the
service garage entry, and to install 2 flag signs per column (8 total) to display the number
of the fuel dispensers under the canopy.
WHEREAS, on March 9, 2018, Air Products and Chemicals, Inc., applicant for
Beechgate LLC, current owner and operator of the gas station at the property, submitted
an application for Conditional Use Permit No. 182 Revision "F" and a Major Grading
Permit to install a retail hydrogen fueling station consisting of a hydrogen fuel pump, tank,
and associated mechanical equipment both above and below ground at the existing Shell
gas and service station with an associated 100 cubic yards of grading.
WHEREAS, on April 9, 2018, Staff completed the initial review of the development
application and deemed the application incomplete.
WHEREAS, the Applicant submitted an application and the required fee for an
Environmental Assessment/Mitigated Negative Declaration (MND) on April 26, 2019.
WHEREAS, after subsequent submittals and reviews of additional information,
Staff deemed the project complete on July 1, 2019.
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WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Pub. Res. Code § 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, 14 C.C.R. §
15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section
65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos
Verdes prepared an Initial Study and determined that there is no substantial evidence
that the approval for the Conditional Use Permit No. 182 Revision "F"and a Major Grading
Permit would result in a significant adverse effect on the environment, provided
appropriate mitigation measures are imposed on the project.
WHEREAS, the notice of the Initial Study/Mitigated Negative Declaration and the
proposed Conditional Use Permit No. 182 Revision "F" and Major Grading Permit was
sent to all property owners within 500' of the site and to the appropriate public agencies
for a comment period of more than 20 days, commencing on September 12, 2019, and
concluding on October 3, 2019. Additionally, the notice was published on the same day
in the Palos Verdes Peninsula News.
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Municipal Code, the Planning Commission held a duly noticed public
hearing on October 8, 2019 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: CUP No. 182 Revision "E", Sign Code Permit Revision "D" and CUP
No. 182 Revision "C" allows the following use:
A Shell service station with an existing 3,592 square foot one-story building with
three automobile service bays, convenience store, a small office and storage area and
associated signage. There are also four fueling dispensers located under an existing
1,500 square foot, 16-foot high canopy.
Section 2: The project is a request by Air Products and Chemicals, Inc. for
Conditional Use Permit No. 182 Revision "F" and a Major Grading Permit to allow for the
following improvements:
• An approximately 850 square feet, 13 feet tall concrete block wall enclosure with
stucco walls painted to match the existing onsite building, metal portions painted
to match the window trim of the existing onsite building, and a mansard roof detail
with roof tiles to match the existing onsite building;
• Within the enclosure:
o Above-ground hydrogen storage tank
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o Above-ground compressor
o A 25-foot tall, 4-inch wide metal vent pipe
o Above-ground air cooler
o Underground heat exchanger
o Safety and security lighting
• Outside the enclosure:
o Hydrogen fuel dispenser with shielded lights located in an alcove on the
west side of the enclosure
o Electrical transformer located on the west side of the enclosure
o Metering panel mounted on the west side of the enclosure
o Utility cabinet located on the west side of the enclosure
o Several 3-feet tall yellow concrete bollards to shield the transformer and
utility cabinet
• Grading consisting of 100 cubic yards of cut for an underground equipment vault
and approximately 5,662.8 square feet of the existing parking lot.
• Repaving the graded portion of the parking lot and restriping parking spaces as
needed.
Section 3: Conditional Use Permit No. 182 Revision "F" allows for the installation of a
retail hydrogen fueling station consisting of a hydrogen fuel pump, tank, and associated
mechanical equipment both above and below ground at the existing Shell gas and service
station at 28103 Hawthorne Boulevard.
The Planning Commission makes the following findings in support of Conditional Use
Permit No. 182 Revision "F":
A. The site is adequate in size and shape to accommodate the 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 said use with those on
adjacent land and within the neighborhood. The proposed hydrogen fueling station
is located on a 41,867 square foot (0.96 acre) parcel which is developed with an
existing gas and service station, and an associated convenience store and
restaurant. The use of a hydrogen fueling station is allowed with the approval of a
Conditional Use Permit on parcels located within the Automotive Service Station
Overlay Control District, and the use will comply with the existing conditions of
approval for CUP No. 182 as it relates to the Automotive Service Station Overlay
Control District, as well as landscaping, lighting, setbacks, etc. In terms of parking,
the hydrogen fueling station will eliminate 7 of the existing 36 on-site parking
spaces. However, according to §17.50.020 of the RPVMC, "1 space for every
employee, plus 2 spaces for every service bay" for an Automobile service, repair
and gas station is required. Also, RPVMC §17.76.080 requires "1 parking space
per 200 square feet of net leasable retail area" for convenience stores, and "1
parking space per 50 square feet of food service area or 5 parking spaces,
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whichever is greater". This results in a total of 7 parking spaces required for the
employees, 6 parking spaces required for the 3 service bays, 6 spaces required
for the convenience store and 6 spaces required for the restaurant, for a total of
28 required parking spaces. The Applicant is proposing a total of 29 parking
spaces consisting of 23 standard spaces measuring 9' width x 20' length, 4
compact spaces measuring 8' width x 15' length, and 1 ADA accessible van space.
The property will continue to maintain access via the four existing driveways from
Granvia Altamira and Hawthorne Blvd.
B. The site for the permitted use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the use. More specifically, the hydrogen
fueling station is designed to maintain vehicular access via existing driveways off
Granvia Altamira and Hawthorne Blvd. The Applicant provided a memo to the City
that estimates associated vehicle trips per day based on observations conducted
at other local hydrogen fueling stations. The memo estimates that the daily usage
will initially be approximately 7 cars per day with 1 hydrogen fuel delivery truck per
week, and will potentially expand to 30 to 40 cars per day, with 4 cars in a peak
hour (7:00 to 9:00 a.m. and 4:00 to 6:00 p.m.), and 1 hydrogen delivery truck per
day, at full operations. This level of traffic generation on a peak hour and daily
basis is not substantial and would not be expected to adversely affect intersection
or roadway operations or levels of service, which are acceptable per a recent traffic
survey completed for the City's General Plan Update and affirmed by the City's
Public Works Department.
C. In approving the use at the specific location, there will be no significant adverse
effect on adjacent property or the permitted use thereof. The project has been
reviewed by the City in terms of potential impacts to adjacent properties, and
conditions of approval are included in order to minimize the possibility of any
adverse impacts on adjacent property, as discussed below.
a. Traffic and Circulation
Staff has reviewed and accepted the memo estimating that an insubstantial
number of trips would be added if the hydrogen fueling station is
constructed. The hydrogen fueling station will be accessed via existing
driveways off Granvia Altamira and Hawthorne Blvd, thus not requiring any
additional curb cuts from these rights-of-way. In terms of on-site circulation,
the hydrogen fuel delivery truck will enter the parking lot by turning right into
the western-most driveway on Hawthorne Blvd, traveling around the back
of the existing onsite building, and after delivering the fuel, will exit the
parking lot via a right turn onto Granvia Atlamira. The hydrogen fuel
customers will enter and exit from the driveways on either street with a
circulation path that travels behind the existing building as well. As these
circulation patters avoid the front of the site where the gasoline fuel pump
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islands, service station and convenience store, there should be no
disruption to these existing amenities.
b. Aesthetics
The 13-foot tall block wall enclosure and hydrogen fuel pump will be located
in the north east portion of the property. The enclosure will screen the
majority of the equipment associated with the hydrogen fueling station, and
has been designed to match the details of the existing pump islands and
service center/convenience store building, including painted stucco,
painting any expose metal to match existing window trims, and installing a
tiled mansard roof detail. More than half of the 25' tall vent pipe will be
screened, and the portion that remains visible will only be 4 inches wide,
which will minimize its visibility. The views from properties located across
Hawthorne Blvd will not be adversely impacted, as they are located 15' and
45' higher in elevation than the subject property. Lastly, the existing
landscaping will remain.
c. Lighting
All lighting for the project will comply with City's Non-residential Outdoor
Lighting Ordinance per RPVMC §17.56.040 and conditions of approval
have been added below to minimize the possibility of any adverse impacts
on adjacent property.
d. Building Height
Although the new block wall enclosure exceeds the 12' maximum allowed
by the Municipal Code for accessory structures, it will not significantly
adversely affect visual relationships with neighboring properties because it
will screen most of the larger equipment associated with the hydrogen
fueling station, thus minimizing the impacts of the structure. The structure
will not significantly adversely affect views from the viewing areas of
neighboring properties because the residential properties located across
Hawthorne Boulevard are located at a much higher elevation.
e. Geology and Soils
The project includes 100yd3 of grading consisting of cut to accommodate
the facility and surrounding drainage. The Applicant's geotechnical report
has been reviewed and conditionally approved by the City's geotechnical
consultant. Additionally, the project is not within any liquefaction zones nor
over any known faults per the interactive U.S. Geological Survey
Quaternary Faults Map and the California Department of Conservation,
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Seismic Hazard Zones Official Map — Redondo Beach Quadrangle, March
25, 1999, and will not result in an adverse geologic or soil impacts on
adjacent properties.
f. Hydrology and Water Quality
The area of paving/impervious surfaces would remain unchanged with the
project, and no substantial change regarding water quality runoff would
occur. However, mitigation measures and conditions of approval have been
included to reduce the impacts of the project on water quality.
g. Low Impact Development (LID)/National Pollutant Discharge Elimination
System (NPDES)
RPVMC §13.10.065(C)(2) requires that Low Impact Development Plan
(LID) is required for any redevelopment projects that include "Land
disturbing activity that results in the creation or addition or replacement of
5,000 square feet or more of impervious surface area on an already
developed site for categories identified in subsection (C)(1)."As subsection
(C)(1) includes the category of retail gasoline outlets, the replacement of
over 5,000 square feet of existing paving with new paving, the hydrogen
fueling station and associated grading would trigger the requirement for low
impact development standards, or a LID plan. However, if the final grading
plan that is submitted to Building & Safety is updated to show less than
5,000 square feet of disturbance, no LID plan would be required.A condition
of approval is included in this resolution to memorialize this requirement.
h. Noise
The structure includes mechanical equipment for the operation of the
hydrogen fueling station, including a compressor, a cooling fan, and a
refrigeration unit. A condition of approval has been added which requires
that noise generated by the equipment will not exceed 65 dBA (decibels) at
the closest property line. Additionally, a noise study submitted by the
Applicant that collected data from other existing hydrogen fuel stations
which have identical equipment indicates that due to the walled enclosure,
the equipment noise will not exceed 65 dBA at the property line.
Furthermore, in regards to short-term construction noise, several conditions
regarding hours and days of construction and proper maintenance of
construction equipment have been included to minimize such impacts to
adjacent properties.
i. Hazards and Hazardous Materials
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The project incorporates numerous safety measures that are standard and
regulated by the State of California for hydrogen fueling stations including
but not limited to: emergency stop buttons which would be located on the
utility enclosure, the dispenser, and outside the hydrogen enclosure, gas
detectors located on the compressor container and dispenser, which would
shut down the system upon detection of hydrogen, a flame detector which
would be located on the hydrogen dispenser and would shut down the
system upon detection of hydrogen flame. Additional mitigation measures
and conditions of approval to address any concerns regarding the safety of
the hydrogen fueling station include, but are not limited to: requiring the
project to comply with the appropriate codes, being inspected on a regular
basis, alerting local safety officials of the facility construction and providing
specialized information regarding emergency response to a hydrogen
fueling facility, as well as obtaining a permit from the Los Angeles County
Fire Department prior to issuance of any grading and/or building permit from
the City's Building & Safety Division. The recommended conditions and
mitigation measures, as well as the permits ensuring the proper installation
of electrical, foundation, and seismic restraints, which will be obtained from
the Building &Safety Division, will ensure the safe installation and operation
of the hydrogen fueling station, mitigating any potential hazard or hazardous
impacts to neighboring properties.
D. The use is not contrary to the General Plan. More specifically, the use of the
property for a hydrogen fueling station is consistent with the General Plan, as the
General Plan Land Use Map indicates that this parcel is within the Automobile
Service Overlay Control District, which allows the operation of gasoline stations
which provide automotive repair services in addition to the sale of gasoline or other
alternative fuels. The equipment enclosure will match the existing buildings on the
site, which have stucco exteriors and tile roofs similar to residences within the area,
which, as incorporated into commercial site design, help "...to reduce negative
impacts on adjoining residential areas." (Commercial Activity Policy No. 7) The
hydrogen fueling station is also consistent with General Plan Resource System
Policy No. 2, which says that the City should, "Encourage the investigation and
use of alternative water and energy sources."
E. The use complies with the Automobile Service Overlay Control District (OC-4) as
this section requires automotive service uses to comply with certain development
and operational guidelines, except in certain situations where the Planning
Commission deems deviations from these guidelines to be appropriate. In this
case, the Planning Commission and then the City Council approved the original
CUP No. 182, allowing the existing gasoline and service station use to continue,
in addition to a convenience store expansion, with several deviations from these
guidelines. The hydrogen fueling station will continue to comply with these
conditions of approval.
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F. As noted in Finding C above, a number of Conditions of Approval relating to
hazards and hazardous materials, noise, aesthetics, lighting, parking, and water
quality and drainage will be included to mitigate potential impacts to adjacent
properties and to protect the health, safety, and general welfare of the residents,
businesses, and visitors of the City.
Section 4: The Planning Commission makes the following findings in support of the
Major Grading Permit:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. More specifically, the grading allows for the construction of a hydrogen
fueling station and associated equipment, which is a permitted use as it falls under
the "sale of gasoline or other alternative fuels" allowed within the OC-4 overlay
control district. The subject lot is a relatively flat pad lot. The Applicant proposes
100 cubic yards of cut, with the deepest areas of cut (4.4 feet max) located within
the block wall enclosure to create an equipment vault, and the shallower areas
(approximately 1 foot) located within the existing parking lot, to slightly alter the
slope of the area south and east of the equipment enclosure to improve the
drainage, so that it drains toward a new swale and into an existing drainage basin.
B. The grading and/or related construction do not significantly adversely affect the
visual relationships with, or the views from the viewing area of neighboring
properties. More specifically, the enclosure wall to screen the equipment will
measure 13 feet in height from adjacent grade. The 100 cubic yards of grading for
the project will, in part, slightly lower(less than 1 foot)the area where the enclosure
is located, thereby contributing towards the reduction of impacts to visual
relationships with neighboring properties. Although the structure will exceed the 12
foot maximum height allowed for accessory structures, the 13 foot tall enclosure
wall and 25 foot tall vent pipe are barely visible from adjacent properties that are
located directly south of, and approximately 15 feet higher in elevation than the
subject property. Additionally, the 25 feet tall vent pipe is also minimally visible
from the upslope properties, due to the fact that it's only 4 inches in diameter, and
also because of the existing surrounding foliage on the property that visually
screens the pipe.
The structure will not significantly adversely affect views from the viewing areas of
neighboring properties located across Hawthorne Blvd, as they are located 15' and
45' higher in elevation than the subject property.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. More specifically, there are no natural
contours on the site, as the area of the property where the hydrogen fueling station
is located was graded in the late 1960s or early 1970s when the automobile service
P.C. Resolution No. 2019-25
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station was first constructed.
D. The grading takes into account the preservation of natural topographic features
and appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography, as the proposed cut for the new
fueling station is located within an area which was disturbed when the property
was originally graded and the existing parking lot was constructed in the late 1960s
or early 1970s. Therefore, there are no natural topographic features to preserve
on the property.
E. The grading would not cause excessive and unnecessary disturbance of the
natural landscape or wildlife habitat through removal of vegetation because there
is no natural landscape or wildlife habitat in the grading area.
F. RPVDC §17.76.040(E)(9) contains several standards for major grading permits
and the grading meets all of these standards, (a) through (f).
Section 5: For the foregoing reasons and based on the information and findings included
in the Staff Report, Minutes and other records of proceedings, the Planning Commission
of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2019-25 approving
Conditional Use Permit No. 182 Revision "F" and Grading Permit to allow the operation
of a hydrogen fueling station with the installation of a hydrogen fuel pump, tank, and
associated mechanical equipment contained within a 13-foot tall block wall enclosure with
a 25-foot tall vent pipe and to conduct 100 cubic yards of grading to accommodate the
proposed improvements on the property located at 28103 Hawthorne Boulevard, subject
to the Conditions of Approval in the attached Exhibit 'A'.
Section 6: CUP No. 182 Revision "F", including the attached Conditions of Approval
(Exhibit"A"), supersedes all prior CUPs and Conditions of Approval. Sign Permit Revision
"D" and CUP No. 182 Revision "E", and CUP No. 182 Revision "C" remain in full effect,
and are attached hereto as Exhibits "B" and "C", respectively, and incorporated herein by
reference.
Section 7: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) and
17.72.100(B) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15) days following October 8, 2019, the date of the Planning Commission's final
action.
P.C. Resolution No. 2019-25
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PASSED, APPROVED, AND ADOPTED this 8th day of October 2019, by the following
vote:
AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, SAADATNEJADI,
PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
David Bradley
Chairman
0
11111
A - kis ICP
Director of Communi y Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-25
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 182 REVISION "F"
AND
GRADING PERMIT
(PLANNING CASE NO. PLCU 2018-0004)
28103 HAWTHORNE BLVD
GENERAL CONDITIONS
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
(Air Products and Chemicals, Inc.) and the property owner (Beechgate LLC) 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 the date of this approval
shall render this approval null and void.
2. One year after the final building inspection for the hydrogen fueling station and
associated grading, the Planning Commission shall review the Conditions of
Approval contained herein at a duly noticed public hearing. As part of said review,
the Planning Commission shall assess the Applicant'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 500' radius
of the site, to persons requesting notice, to all affected homeowners associations,
and to the property owner in accordance the RPVMC. As part of the annual review,
the Planning Commission shall consider, among other things, the parking
conditions, vehicular circulation patterns, 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. The Applicant shall pay for all costs associated with annual reviews.
3. Unless the Department of Fish and Game determines (No Effect Determination)
that this project is exempt from a filing fee imposed in accordance with the
provisions of Fish and Wildlife Code §711.4 and Title 14, California Code of
Regulations, §753.5, the Applicant shall submit a check payable to the County of
Los Angeles in the amount of $2,354.75 for the Fish and Wildlife Environmental
Filing Fee. This check shall be submitted to the City within five (5) business days
of Planning Commission approval of this project. If required, the Applicant shall
also pay any fine imposed by the Department of Fish and Wildlife.
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4. The Applicant 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.
5. The Applicant shall be required to pay the estimated amount of the cost of services
to be provided on behalf of the City by outside consultants that have been retained
by the City to render services specifically in connection with this project, in the form
of a trust deposit account, prior to commencement of such services (e.g.
geotechnical consultants, City Engineer, and City Attorney to name a few.).
Services provided by the City Attorney and other consultants that routinely provide
services to the City shall be exempt from this condition. However, in such cases,
the Applicant shall adequately fund the trust deposit accounts prior to the
commencement of services, in amounts reasonably requested by the City, based
upon an estimate of the cost of services for the period of at least 90 days to which
services are rendered. In addition, the trust deposits shall be replenished within
thirty days of receipt of notice from the City that additional funds are needed.
6. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
7. 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.
8. 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.
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9. 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 residential development standards of the City's Municipal Code,
including but not limited to height, setback and lot coverage standards.
10. 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.
11. If the Applicant has not submitted an application for a 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.
12. 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.
13. 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.
14. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions
or on the stamped APPROVED plans.
15. 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.
16. 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
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property owners, to the satisfaction of the City's Building Official.
17. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM 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 AM Monday through Friday
and before 9:00 AM 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.
18. If construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over
30 calendar days, the Applicant shall provide temporary construction fencing, as
defined in Section 17.56.050(C) of the Development Code. Unless required to
protect against a safety hazard, temporary construction fencing shall not be
erected sooner than 15 days prior to commencement of construction.
19. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
20. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, haul routes to
transport soil shall be approved by the Public Works Department.
21. The silhouette frame shall be removed within seven (7) days after all appeal
periods have been exhausted.
22. Hydrogen fuel may be delivered to the site 24 hours a day, seven days a week.
PROJECT SPECIFIC CONDITIONS
23. This approval allows for the proposed improvements:
• An approximately 850 square feet, 13 foot tall concrete block wall enclosure with
stucco walls painted to match the existing onsite building, metal portions painted
to match the window trim of the existing onsite building, and a mansard roof with
roof tiles to match the existing onsite building;
• Within the enclosure:
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o Above-ground hydrogen storage tank
o Above-ground compressor
o A 25-foot tall, 4-inch wide metal vent pipe
o Above-ground air cooler
o Underground heat exchanger
o Safety and security lighting
• Outside the enclosure:
o Hydrogen fuel dispenser with shielded lights located in an alcove on the
south side of the enclosure
o Electrical transformer located on the west side of the enclosure
o Metering panel mounted on the west side of the enclosure
o Utility cabinet located on the west side of the enclosure
o Several 3-feet tall yellow concrete bollards to shield the transformer and
utility cabinet
• Grading consisting of 100 cubic yards of cut for an underground equipment vault
and approximately 5,662.8 square feet of the existing parking lot.
• Repaving the graded portion of the parking lot and restriping parking spaces as
needed.
24. The height of the proposed block wall enclosure shall be 13 feet tall, as measured
from the adjacent grade to the top of the wall. The vent pipe for the compressor
shall not exceed 25 feet in height, and 4 inches in diameter.
25. Unless modified by the approval of future planning applications, the approved 13'
tall block wall enclosure and all associated equipment for the hydrogen fueling
station shall maintain a setback of 10 feet from all property lines.
26. Unless modified by the approval of future planning applications, the approved
project shall be permitted up to 92% lot coverage, as defined by RPVMC
§17.02.040(A)(5). Any future increases to the lot coverage shall require a revision
to Conditional Use Permit No. 182, subject to consideration by the Planning
Commission.
27. All colors and materials for the 13-foot tall block wall enclosure, roof materials, and
vent pipe shall be as shown in the color elevations approved by the Planning
Commission on October 8, 2019.
28. No signage shall be allowed, other than the signage for the hydrogen fuel pump
and other signage as required by law.
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29. No landscaping shall be removed as a result of the hydrogen fueling station
project, unless replaced with new landscaping deemed acceptable by the Director
of Community Development.
30. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, the
Applicant shall consult with the Gabrieleno Band of Mission lndians/Kizh Nation.
31. All equipment shall be seismically secured and braced per California Building
Code, and all pipes shall be braced to avoid contact with one another from vertical
and horizontal motions.
32. The following industrial codes shall be adhered to: American Society of Mechanical
Engineers Boiler & Pressure Vessel Code, American Society of Mechanical
Engineers B31.3m Process Piping Course and National Fire Protection
Association 70 (National Electrical Code); along with the following hydrogen codes:
National Fire Protection Association 2 (Hydrogen Technologies Code), National
Fire Protection Association 55 (Compressed Gases and Cryogenic Fluids Code),
and Compressed Gas Association Guidelines (per Air Products).
Parking Conditions
33. The Applicant shall provide a minimum of 28 parking spaces per RPVMC §17.50
and §17.76. A total of 29 parking spaces is approved, consisting of 23 standard
spaces measuring 9' width x 20' length, 4 compact spaces measuring 8' width x
15' length, and 1 ADA accessible van space.
34. No more than 20%of the approved parking spaces shall be designated as compact
spaces.
Hydrology and Water Quality Conditions:
35. If the engineered grading plans submitted to Building & Safety show 5,000 square
feet or more of land-disturbing activity that results in the creation, addition or
replacement of impervious surface area, PRIOR TO ISSUANCE OF GRADING
OR BUILDING PERMITS, and pursuant to RPVMC Chapter 13.10, the Applicant
shall submit for review and approval a Low Impact Development Plan (LID) and/or
drainage plan that complies with the National Pollutant Discharge Elimination
System (NPDES) permits for stormwater discharges. If a LID Plan is not required,
the following three conditions (36, 37 and 38) shall not apply.
36. PRIOR TO FINAL BUILDING PERMIT INSPECTION, the Applicant shall
demonstrate to the satisfaction of the Director of Community Development,
compliance with the City's Low Impact Development Ordinance (LID).
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37. PRIOR TO FINAL BUILDING PERMIT INSPECTION, the Applicant shall submit
an "Operations and Maintenance (O&M) Plan" along with the LID plan for review
and approval to the Director of Community Development.
38. PRIOR TO FINAL BUILDING PERMIT INSPECTION, the Applicant shall submit
a "Master Covenant and Agreement Regarding On-Site BMP Maintenance" for
review and approval by the Director of Community Development.
Noise Conditions
39. Noise generated by the mechanical equipment associated with the hydrogen
fueling station shall not exceed 65dBA at the closest property line.
Site Lighting Conditions
40. PRIOR TO APPROVAL OF BUILDING AND/OR GRADING PERMITS, the
Applicant shall submit a lighting plan for review and approval to the Director of
Community Development.
41. All lighting shall comply with the specifications and details provided on the plans
approved by the Planning Commission on October 8, 2019 and with City's Non-
Residential Outdoor Light Ordinance per Section 17.56.040 of the RPVMC.
42. The lighting on the fuel dispenser shall be inset and fully shielded.
43. The dispenser lighting shall be lit only during the hours of operation (Sunday-
Thursday: 5:00 a.m. to 11:00 p.m., and Friday-Saturday 5:00 a.m. to 12:00 a.m.),
which matches the operational hours for the service station.
44. The lighting inside the enclosure for safety and security may remain on during the
nighttime hours.
45. There shall be a trial period of thirty (30) days from the installation of all the project
exterior lighting, including building and parking lot lighting, during which the lighting
shall be assessed for potential impacts to the surrounding properties. At the end
of the thirty (30) day period, the Director of Community Development may require
additional screening or reduction in the intensity or numbers of lights which are
determined to be excessively bright or otherwise create adverse impacts.
46. No one fixture or luminaire shall exceed 1,600 lumens.
47. The color temperature for all lights shall not exceed 4,000K.
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48. The illumination level at all property lines shall not exceed 0.01 foot candles.
Caltrans Conditions
49. Any transportation of heavy construction equipment and/or materials which
requires use of oversized-transport vehicles on State highways shall obtain a
Caltrans transportation permit.
50. Large size truck trips shall be limited to off-peak commute periods.
Mitigation Measures
51. AES-1: The setbacks of the hydrogen fueling station and associated equipment
shall be a minimum of 10' from the rear and street side property lines as required
per the City's OC-4 Automotive Service Station Overlay Control District.
52. AES-2: The proposed equipment enclosure shall substantially comply with the
plans to be approved by the Planning Commission.
53. AES-3: The proposed lighting located on the hydrogen fuel dispenser and safety
lighting for maintenance of the equipment located within the equipment enclosure,
as well as any safety lighting located on the exterior of the equipment enclosure,
shall be in compliance with the City's Non-Residential Outdoor Lighting Ordinance
(RPVMC §17.56.040).
54. AES-4: There shall be a trial period of thirty(30) days from the installation of all the
project exterior lighting, during which the lighting shall be assessed for potential
impacts to the surrounding properties. At the end of the thirty (30) day period, the
Director of Community Development may require additional screening or reduction
in the intensity or numbers of lights which are determined to be excessively bright
or otherwise create adverse impacts.
55. AQ-1: During construction, including grading, excavating, and land clearing,
storage piles and unpaved disturbed areas shall be continuously stabilized by
being kept wet, treated with an environmentally-friendly dust suppressant, or
covered when material is not being added to or removed from the pile.
56. AQ-2: During construction, including grading, excavating, and land clearing,
sufficient water shall be applied to areas disturbed to prevent emitting dust and to
minimize visible emissions from crossing the boundary line.
57. AQ-3: During construction, including grading, excavating, and land clearing,
construction vehicles leaving the site shall be cleaned to prevent dust, silt, mud,
and dirt from being released or tracked off site.
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58. AQ-4: During construction, including grading, excavating, and land clearing, the
Applicant's contractor shall be responsible for minimizing bulk material or other
debris from being tracked onto the City's public roadways, and if tracked, the
Applicant's contractor shall be responsible for cleaning up the impacted City's
public roadways.
59. AQ-5: During construction, including grading, excavating, and land clearing, no
trucks shall be allowed to transport excavated material off-site unless the trucks
are maintained such that no spillage can occur from holes or other openings in
cargo compartments, and loads are either: covered with tarps; wetted and loaded
such that the material does not touch the front, back, or sides of the cargo
compartment at any point less than 6" from the top and that no point of the load
extends above the top of the cargo compartment.
60. AQ-6: Prior to issuance of a grading and/or building permit, a Haul Route Permit
shall be obtained from the Public Works Department.
61. AQ-7: Prior to the issuance of grading and/or building permits, the Applicant shall
demonstrate to the Community Development Director's satisfaction that dust
generated by construction activities shall comply with the SCAQMD's Rule 403
and the City's Municipal Code requirement of regular watering for the control of
dust.
62. AQ-8: During construction, including grading, excavating, and land clearing, all
excavating and grading activities shall cease when winds gusts exceed 25 mph.
To assure compliance with this measure, grading activities are subject to periodic
inspections by City Staff.
63. AQ-9: During construction, including grading, excavating, and land clearing,
construction equipment shall be kept in proper operating condition, including
proper engine tuning and exhaust control systems.
64. CUL-1: Cultural Resources Monitoring and Avoidance. Prior to the issuance of any
grading and/or building permit, the Applicant shall retain and pay for a City-
approved qualified archaeologist to monitor all ground disturbance activities
associated with the project including, but not limited to, grading, excavating,
clearing, leveling and backfilling. The evaluation shall be conducted by an
archaeologist meeting the Secretary of the Interior's Professional Qualifications
Standards for prehistoric archaeology (National Park Service 1983) and that is
qualified to identify subsurface tribal cultural resources. The archaeologist shall
observe all ground disturbing activities on construction sites at times that ground
disturbance activities are taking place. If ground disturbance activities are
simultaneously occurring at multiple locations in the project area, an archaeologist
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shall be required to monitor each location where the ground disturbance activities
are occurring.
Prior to the commencement of any ground disturbance activities at the
construction site, the Applicant, or its successor, shall notify any California Native
American tribes that have informed the City that they are traditionally and
culturally affiliated with the geographic area of the proposed project that ground
disturbance activities are about to commence and invite the tribes to observe the
ground disturbance activities, if the tribes wish to monitor.
In the event that any subsurface objects or artifacts that may be tribal cultural
resources are encountered during the course of the ground disturbance activities,
all such activities shall temporarily cease in the area of discovery, the radius of
which shall be determined by the qualified archaeologist, until the potential tribal
cultural resources are property assessed and addressed pursuant to the process
set forth below:
a. Upon a discovery of a potential tribal cultural resource, an Applicant, or its
successor, shall immediately stop all ground disturbance activities, and
contact the following: (1) all California Native American Tribes that have
informed the City that they are traditionally and culturally affiliated with the
geographic area of the proposed project; (2) and the City's Community
Development Director.
b. If the City determines, pursuant to Public Records Code Section 21704 (a)(2),
that the object or artifact appears to be a tribal cultural resource in its
discretion and supported by substantial evidence, the City shall provide any
affected tribe a reasonable period of time, not less than 14 days, to conduct a
site visit and make recommendations to the Applicant, or its successor, and
the City regarding the monitoring of future ground disturbance activities, as
well as the treatment and disposition of any discovered tribal cultural
resources.
c. The Applicant, or its successor, shall implement the tribe's recommendations
if a qualified archaeologist, retained by the City and paid for by the Applicant,
or its successor, reasonably concludes that the tribe's recommendations are
reasonable and feasible.
d. In addition to any recommendations from the applicable tribe(s), the
Applicant's City-approved qualified archaeologist shall develop a list of
actions that shall be taken to avoid or minimize impacts to the identified tribal
cultural resources substantially consistent with best practices identified by the
Native American Heritage Commission and in compliance with any applicable
federal, state, or local law, rule or regulation.
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e. If the Applicant, or its successor, does not accept a particular
recommendation determined to be reasonable and feasible by the qualified
archaeologist, the Applicant, or its successor, may request mediation by the
City's mediator. The mediator must have the requisite professional
qualifications and experience to mediate such a dispute. The City shall make
the determination as to whether the mediator is at least minimally qualified to
mediate the dispute. After making a reasonable effort to mediate this
particular dispute, the City may: (1) require the recommendation be
implemented as originally proposed by the archaeologist; (2) require the
recommendation, as modified by the City, be implemented as it is at least as
equally effective to mitigate a potentially significant impact; (3) require a
substitute recommendation to be implemented that is at least as equally
effective to mitigate a potentially significant impact to a tribal cultural
resource; or(4) not require the recommendation be implemented because it
is not necessary to mitigate any significant impacts to tribal cultural resources.
The Applicant, or its successor, shall pay all costs and fees associated with
the mediation.
f. The Applicant, or its successor, may recommence ground disturbance
activities outside of a specified radius of the discovery site, so long as this
radius has been reviewed by a qualified archaeologist and determined to be
reasonable and appropriate.
g. The Applicant, or its successor, may recommence ground disturbance
activities inside of the specified radius of the discovery site only after it has
compiled with all the recommendations developed and approved pursuant to
the process set forth in paragraphs 2 through 5 above.
h. Copies of any subsequent prehistoric archaeological study, tribal cultural
resources study or report, detailing the nature of any significant trial cultural
resources, remedial actions taken, and disposition of any significant tribal
cultural resources shall be submitted to the South Central Coastal Information
Center(SCCIC) at California State University, Fullerton and to the Native
American Heritage Commission for inclusion in its Scared Lands File.
i. Notwithstanding paragraph 8 above, any information determined to be
confidential in nature, by the City Attorney's Office, shall be excluded from
submission to the SCCIC or the general public under the provisions of the
California Public Records Act, California Public Resources Code.
65. GEO-1: Prior to the issuance of any grading and/or building permits, the Applicant
shall be required to submit an Erosion Control Plan to the Building Official for
approval.
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66. GEO-2: Procedures for Discovery of Paleontological Resources: If potential
paleontological resources are encountered during construction, or excavation, or
land modification, the construction manager shall ensure that all ground
disturbance activities are stopped, and shall notify the Community Development
Department immediately to arrange for a qualified paleontologist to assess the
nature, extent, and potential significance of any cultural resources.
67. HAZ-1: Prior to issuance of any grading and/or building permits, the project
Applicant shall demonstrate to the satisfaction of the Community Development
Director that information is provided to the local Fire Department, including special
handling/safety precautions that apply to operations for the facility and emergency
response situations. The site shall undergo periodic inspections by the State
Pressure Vessels Unit of the Department of Industrial Relations every 5 years,
barring any departmental procedure changes. It shall also be inspected annually
by the Los Angeles County Department of Weights and Measures.
68. HAZ-2: Prior to issuance of any grading and/or building permits, the Los Angeles
County Fire Department shall issue a permit. Prior to final building inspection, the
Fire Department shall also inspect the project for compliance with all required
safety measures.
69. HAZ-3: The proposed project shall comply with the National Fire Protection
Association NFPA 2 Hydrogen Technologies Code for fire safety, the existing
industry standard covering issues of hydrogen pertinent to this proposed project,
including setback distances from neighboring residences and other land uses.
70. HWQ-1: Prior to the issuance of any grading and/or building permit for new
construction, the Applicant shall submit and obtain approval of a Drainage Plan by
the City's Building & Safety Division and the City's Public Works Director, finding
that stormwater runoff as a result of the development of the site is designed to flow
and utilize an on-site drainage system that directs runoff into the existing storm
drainage system.
71. HWQ-2: To protect the water quality, prior to the issuance of any grading and/or
building permit, the Applicant shall submit for review and approval by the City's
Building Official an Erosion Control Plan that shall include BMPs for erosion,
sedimentation, and run-off control during construction activities.
72. 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 RPVMC.
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73. N-2: 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 measure. 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.
74. N-3: During construction, the project shall utilize construction equipment equipped
with standard noise insulating features to reduce source noise levels.
75. N-4: During construction, all project construction equipment shall be properly
maintained to assure that no additional noise, due to worn or improperly
maintained parts is generated.
76. N-5: During construction, place all stationary construction equipment so that
emitted noise is directed away from sensitive receptors nearest the project site.
Non-noise producing equipment, such as trailers, may be located as a sound
barrier between the stationary noise sources and sensitive receptors.
77. N-6: During construction, locate equipment staging in areas that will create the
greatest distance between construction-related noise sources and noise-sensitive
receptors.
78. N-7: Unless safety provisions require otherwise, all audible back-up alarms shall
be adjusted at the lowest volume appropriate for safety purposes.
79. N-8: Sound-deadening material (e.g., application of wood or rubber liners to metal
bin impact surfaces) shall be applied to line or cover hoppers, storage bins, and
chutes.
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