P.C. RESOLUTION NO

Transcription

1 P.C. RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALABASAS TO ADOPT AND APPROVE FILE NO TO PERMIT CONSTRUCTION OF AN ENHANCED VAPOR RECOVERY SYSTEM, TO INCLUDE A CLEAN AIR SEPARATOR AND PIPING, AS REQUIRED BY STATE LAW TO SERVICE AN EXISITNG RETAIL GASOLINE SERVICE STATION LOCATED WITHIN THE COMMERCIAL-RETAIL (CR) ZONING DISTRICT AND DESIGNATED SCENIC CORRIDOR, AT 4831 LAS VIRGENES ROAD. Section 1. The Planning Commission has considered all of the evidence submitted into the administrative record which includes, but is not limited to: 1. Staff reports prepared by the Community Development Department. 2. Staff presentation at the public hearing held on January 15, 2009, before the Planning Commission; 3. The City of Calabasas Land Use and Development Code, General Plan, and all other applicable regulations and codes; 4. Public comments, both written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request; 5. Testimony and comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing; and, 6. All related documents received and/or submitted at or prior to the public hearing. Section 2. Based on the foregoing evidence, the Planning Commission finds that: 1. The applicant submitted an application for File No , on May 28, On June 17, 2008, 2008 a Development Review Committee meeting was held, and requested that the applicant relocate the site of the CAS to an area on the lot that complied with all applicable setbacks.

2 3. On August 28, 2008, the applicant resubmitted plans reflecting the changes requested by the DRC. 4. On September 26, 2008, the Design Review Panel reviewed the project and required that the applicant locate the CAS at the originally proposed site, therefore, a variance was required to allow for encroachment into the required 10 street side setback. 5. On December 17, 2008, the applicant submitted the required variance application. 6. On December 17, 2008, the application was deemed complete and the applicant was notified. 7. Notice of the January 15, 2009, Planning Commission public hearing was posted at Juan de Anza Bautista Park, the Calabasas Tennis and Swim Center, Gelson s market and at Calabasas City Hall. 8. Notice of the January 15, 2009, Planning Commission public hearing was provided to property owners within 500 feet of the property as shown on the latest equalized assessment roll. 9. Notice of the Planning Commission public hearing was mailed or delivered at least ten (10) days prior to the hearing to the project applicant. 10. The project site is currently zoned Commercial-Retail, Scenic Corridor (CR- SC). 11. The land use designation for the project site under the City's adopted General Plan is Business-Retail (BR). 12. The surrounding land uses around the subject property vacant land zoned Commercial Retail (CR) to the north, east and south and a commercial shopping center zoned CR to the west. 13. Notice of Planning Commission public hearing included the notice requirements set forth in Government Code Section (b)(2). Section 3. In view of all of the evidence and based on the foregoing findings, the Planning Commission concludes as follows: Section (E) of the Calabasas Municipal Code allows the Planning Commission to approve a Conditional Use Permit provided that the following findings are made: 2

3 1. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code; The project meets this finding for the following reasons: The existing gas service station is an allowed use within the Commercial- Retail zoning district and designated Scenic Corridor. The proposed Enhanced Vapor Recover system is an accessory structure to the primary use on the subject property, which is required per state law, per the Health and Safety Code Section and per the Air Resources Board Executive Order VR-202-C. The Enhanced Vapor Recovery system includes a clean air separator (CAS) supported over a concrete base and pipes connecting the CAS to the existing vent rack. The Enhanced Vapor Recovery system complies with all applicable development standards, to include setbacks, height, and pervious surface requirements for new development within the Commercial-Retail (CR) zoning district. The clean air separator is setback 58 from the east or front property line which complies with the minimum 20 required. There is no minimum setback required for the r rear property line in the CR zone. The tank is to be located 5 from the street side setback. This setback is in conflict with the Calabasas Municipal Code Section thus necessitating the application for and approval of a variance from the required setback (Permit No. Pl ). The CAS tank and enclosure is 5 -high from the natural grade and the air breather pipe is which complies with the maximum 35 height limit. The existing pervious surface for the property is percent and will not change since the CAS is proposed to be installed upon an existing concrete sidewalk. The percent pervious surface exceeds the minimum of 22 percent required by section of the CMC. The subject site abuts Las Virgenes Road and will be visible from the Las Virgenes Road Scenic Corridor. As a result, the applicant is proposing to screen the proposed clean air separator with an 5 -high, fire-resistant, block wall with gate. The wall will be painted to match the existing walls located along the property line. Existing landscaping on the front of the property as well as the existing monument sign serve as additional buffers to the view from Las Virgenes Road. The subject site is located within the area addressed by the Las Virgenes Gateway Master Plan. The Gateway Master Plan specifically states plantings shall screen views of parking, loading, and services yards. Existing landscaping on the front of the property as well as the existing monument sign serve as additional buffers to the view from Las Virgenes Road. 2. The proposed use is consistent with the General Plan and any applicable specific plan or master plan; 3

4 The land use of the subject site is a service station/market, which is an allowed use per the Business-Retail (B-R) land use designation within the General Plan. Constructing an accessory structure does not change the use of the subject site. Therefore, the project will continue to be in compliance with the General Plan. In this case, the project involves the installation of an enhanced vapor recovery system, which connects a clean air separator to the existing vent rack on the existing developed site. The subject system is consistent with the design guidelines and materials outlined in the Scenic Corridor Development Guidelines, in that the clean air separator will be enclosed with an 5 -high fireresistant wall painted to match the existing walls surrounding the property. The Gateway Master Plan specifically states plantings shall screen views of parking, loading, and services yards. Existing landscaping on the front of the property as well as the existing monument sign serve as additional buffers to the view from Las Virgenes Road. Accordingly, the proposed project will conform to the Master Plan. Because the project complies with the Scenic Corridor Development Guidelines, Gateway Master Plan and is consistent with the General Plan, the project meets this finding. 3. The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA); and This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section (Existing Facilities) Class 1 (f) of the California CEQA guidelines. Per this exemption, projects consisting addition of safety or health protection devices for use during construct of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features, including navigation devices are exempt from the provisions of CEQA. The proposal includes installing, which will reduce gasoline vapor emissions. Therefore, the project qualifies for this exemption, and meets this finding. 4. The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The proposed enhanced vapor recovery system will not alter the use of the existing service station in any manner and is solely requested to comply with state law for the purpose of reducing gasoline vapor emissions. All gasoline dispensing facilities within the state of California are required to install a Phase II enhanced vapor recovery system. Therefore, this project meets this finding. 4

5 Approval of this request is also based on the provisions of Title 17 of the City of Calabasas Municipal Code and the following Scenic Corridor Development Guidelines findings, as discussed in Sec of the Land Use and Development Code: 1. The proposed project design has considered and complies with the Scenic Corridor Development Guidelines adopted by the council; The proposed location of the clean air separator is the best suited for the site and was a requirement for approval by the Design Review Panel on September 26, The clean air separator is located on the side of the gas station to lessen its visual impact from the Scenic Corridor and be partially hidden by the service pump island, existing landscaping and the existing monument sign. The proposed 5 -high wall enclosure, with gate, incorporates colors and finishes found on the existing walls surrounding the property. Existing landscaping on the front of the property as well as the existing monument sign serve as additional buffers to the view from Las Virgenes Road preserving the westward view from Las Virgenes Road. Therefore, the proposed project meets with this finding. 2. The proposed project incorporates design measures to ensure maximum compatibility with and enhancement of the scenic corridor; The proposed project incorporates design measure to ensure maximum compatibility with and enhance the scenic corridor. The clean air separator will be enclosed with a 5 -high fire-resistant wall painted to match the existing walls surrounding the property. Existing landscaping on the front of the property as well as the existing monument sign serve as additional buffers to the view from Las Virgenes Road preserving the westward view from Las Virgenes Road. Therefore, the proposed project meets with this finding. 3. The proposed project is within an urban scenic corridor designated by the General Plan, and includes adequate design and landscaping, which serves to enhance and beautify the scenic corridor. The subject site has existing landscaping, which serves to enhance and beautify the scenic corridor. The applicant is proposing an enhanced vapor recovery system. With the installation of the system, the proposed pervious surface of the site will remain at percent which complies with CMC Section The CAS will be enclosed with a 5 -high wall Existing landscaping on the front of the property as well as the existing monument sign serve as additional buffers to the view from Las Virgenes Road By locating the CAS in the proposed location it will minimize the impact of views from the Scenic Corridor to the west. Therefore, this project meets this finding. 5

6 Approval of this request is also based on the provisions of Title 17 of the City of Calabasas Municipal Code and the following Variance findings, as discussed in Sec of the Land Use and Development Code: 1. That there are special circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), such that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts: The applicant is proposing to install Clean Air Separator, 5-feet from the north property line as directed by the Design Review Panel at their September 26, 2008 meeting. The site recommendation was also supported by staff. The north property line abuts Rondell Road/101 Ventura Freeway off-ramp leading to Las Virgenes Road. The setback for any street side development is 10-feet per Section of the Calabasas Municipal Code. However, this is not a typical side yard. The street side yard setback was intended to ensure that there was adequate setback from a street that bordered a side property, provided an additional buffer from the public right-of-way, promoted public safety by increasing the area visible at intersections, and provided potential additional access to the property. The property borders the Rondell Road/101 Ventura Freeway off-ramp. There is no potential access to this ramp from the property because there is an existing block wall, in heights ranging from 15 -high to 6 -high, running the length of the property and no property is allowed to have access to a Freeway. Also, there is no building frontage found along the Rondell Road/101 Ventura Freeway off-ramp and the property, in fact, most closely resembles an interior side yard setback which requires no setback within the CR zone. Because the property is situated along the freeway off-ramp, the property owner cannot safely locate the AQMD required pollution control equipment in a better location than the one proposed 5 from the property line. The three other gas stations located in the same vicinity all have other options that safely meet the SCAQMD guidelines and the requirements of the Calabasas Municipal Code. For these reasons, the project meets this finding. 2. That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought: The three other gas stations located along Las Virgenes Road all have adequate space within their properties to safely locate their CAS while adhering to the Calabasas Municipal Code and the installation 6

7 requirements of the SCAQMD. The applicant has located his proposed installation in the best possible location on his lot. This location is the preferred location as recommended by both the Design Review and Staff. For this reason, the project meets this finding. 3. That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located: The proposed reduced setback will not be detrimental to the public health, safety or welfare or injurious to the property or improvements in the vicinity because the proposed installation, 5 from the street side property line, will be completed implementing National Fire Protection laws (NFPA 30A, Chapter ) and incorporate landscape screening measures as required by the Las Virgenes Road Gateway Guidelines and Scenic Corridor design Guidelines. The proposed installation will therefore, be as safe as possible and esthetically pleasing as possible thereby meting this finding. 4. That granting the variance is consistent with the General Plan and any applicable specific plan: The project is not proposing a change in use or a substantial increase in square-footage. The project as proposed with a variance application is consistent with the General Plan. Section 4. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission hereby approves File No and adopts Resolution No subject to the following agreements and conditions: I. INDEMNIFICATION AGREEMENT The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this Conditional Use Permit or the activities conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent permitted by law, the applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or 7

8 limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Conditional Use Permit or the activities conducted pursuant to this Conditional Use Permit. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. II. CONDITIONS OF APPROVAL Community Development Department / Planning Division 1. The proposed project shall be built in compliance with the approved plans on file with the Planning Division dated May 28, All project conditions shall be imprinted on the title sheet of the construction drawings. The approved set of plans shall be retained on-site for the review of Building Inspectors. Prior to any use of the project site, all conditions of approval shall be completed to the satisfaction of the Director of Community Development. 3. The project approved herein is depicted on those sets of drawings, elevations, etc., stamped approved by staff on the approval date. Any modifications to these plans must be approved by the Department of Community Development staff prior to the changes on the working drawings or in the field. Changes considered substantial by the Planning staff must be reviewed by the Planning Commission. The determination of whether or not a change is substantial shall be made by the Director of Community Development. 4. Prior to issuance of grading or building permits, plans shall be reviewed and approved by the Department of Community Development to ensure compliance with the plans approved by the Planning Commission. The plans shall comply with the conditions contained herein, the Calabasas Municipal Code, and all City Resolutions and Ordinances. 5. This grant shall not be effective for any purposes until after the applicant, or its successors, and the owner of the property involved (if other than the applicant) have signed this decision letter stating that the applicant or its successors and the owner are aware of and agree to accept all conditions of approval. 6. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this grant and any law, statute, ordinance or 8

9 other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 7. This approval shall be valid for one year and eleven days from the date of adoption of the resolution. The permit may be extended in accordance with Title 17 Land Use and Development Code, Article VI - Land Use and Development Permits. 8. All ground and roof-mounted equipment is required to be fully screened from view. Upon final inspection, Planning Division staff may require additional screening if warranted, through either landscaping, walls or a combination thereof. All exterior lights are subject to the provisions set forth in the Lighting Ordinance Chapter of the Land Use and Development Code. Lighting of 60 watts or less on residential projects is exempt by the Lighting Ordinance. 9. All exterior colors and materials used for the construction of the project shall be in substantial conformance with the approved materials and colors shown on the plans. 10. Prior to commencement of construction, all necessary building permits must be obtained from the Building and Safety Division. 11. The project must comply with the building codes in effect at this time, which are the A2007@ Los Angeles County Building, Plumbing, and Mechanical codes, and the A2007@ California Electrical Code. 12. The project is located within a designated AVery High Fire Hazard Severity Zone@. The requirements of Chapter 64 of the 2007 Los Angeles County Building Code, Vol. 1, must be incorporated into all plans. 13. Construction Activities - Hours of construction activity shall be limited to: i. 7:00 a.m. to 6:00 p.m., Monday through Friday ii. 8:00 a.m. to 5:00 p.m., Saturday Stacking of construction worker vehicles, prior to 7:00 a.m. in the morning will be restricted to areas that do not adversely affect adjacent residences or schools. The applicant or its successors shall notify the director of Transportation and Intergovernmental Relations of the construction employee parking locations, prior to commencement of construction. 9

10 Section 5. All documents described in Section 1 of PC Resolution No are deemed incorporated by reference as set forth at length. PLANNING COMMISSION RESOLUTION NO PASSED, APPROVED AND ADOPTED this 15th day of January, ATTEST: Mark Sikand, Chairperson Maureen Tamuri Community Development Director APPROVED AS TO FORM: City Attorney Planning Commission Resolution No , was adopted by the Planning Commission at a regular meeting held January 15, 2009, and that it was adopted by the following vote: AYES: NOES: ABSENT: ABSTAINED The Secretary of the Planning Commission shall certify the adoption of this Resolution, and transmit copies of this Resolution to the applicant along with proof of mailing in the form required by law and enter a copy of this Resolution in the book of Resolutions of the Planning Commission. Section of the Civil Code of Procedure governs the time in which judicial review of this decision may be sought. 10