SANTA PAULA : Businessman May Sue Over Gas Storage

A Santa Paula businessman may file a lawsuit in a bid to overturn approval by the City Council of a neighbor’s request to store propane tanks on his property, a lawyer said Tuesday.

The council endorsed the request of Empire Gas Co., which operates in the Lemonwood Industrial Park, at a meeting Monday.

Roger Atherton, who owns adjacent property, has claimed that a city ordinance outlaws the storage of explosive materials and petroleum products--which include propane--in the area. Atherton said Empire Gas’ plans would jeopardize his plans to develop his land.

Marc L. Charney, attorney for Empire, now based in Oxnard, minimized potential hazards at a council meeting Monday. He said service stations have been permitted in similar zones. Charney said propane is less dangerous than gasoline.

“An explosion is unlikely because propane is heavy and disperses quickly,” Charney said. He noted that the Empire Gas facility is “95% complete” and urged the council to permit the company to proceed.

City Atty. Phillip H. Romney said Tuesday that propane storage violates no ordinance because the council chose to allow the use through approval of a conditional use permit.

The council, in endorsing earlier action by the city Planning Commission, closed off any further possibility of appeals within the city.

Atherton’s lawyer, W. Stephen Onstot, said his client is considering a lawsuit to challenge the city action.

According to Onstot, the Empire Gas operation, which would store propane for RV tanks and home delivery, originally applied for heavy manufacturing zoning. He said the city was using a conditional use permit where a zone change from manufacturing to heavy manufacturing was required.

“You don’t have to be an expert,” Onstot told council members, “just read the ordinance.”

Atherton, who hopes to build a facility on the adjacent property, said propane storage next door would limit the sorts of businesses that could rent.

“We’re not sure what we’re going to do,” Onstot said, “but the matter isn’t over yet.”