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HomeMy Public PortalAbout78-109RESOLUTION NO. 78-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON GRANTING CONDITIONAL USE PERMIT NO. 177-78. The City Council of the City of Carson Hereby Finds, Resolves and Orders as Follows: Section 1. Ford Leasing Development Company duly filed an application with respect to real property described in Exhibit "A" attached hereto, requesting a conditional use permit to construct a retail sales facility for the sale of trucks, trailers, and recreational vehicles over two tons capacity on an organic refuse landfill site in the CR (Commercial, Regional Center) zoned district. Section 2. On June 13 1978, the Planning Commis- sion held a duly noticed public hearing to consider whether to grant a conditional use permit to permit the sale of trucks, trailers, and recreational vehicles over two (2) tons capacity on an organic refuse landfill site. After hearing from the applicant and various other interested persons and reviewing the final Environmental Impact Report, the Planning Commission recommended to the City Council that Conditional Use Permit No. 177-78 be granted. ' Section 3. do June 28, 1978, the City Council held a duly noticed public hearing to consider whether to grant Conditional Use Permit No. 177-78. Evidence, both written and oral, was duly presented to and considered by the City Council during the public hearing. 4 Section 4. The City Council hereby receives the final Environmental Impact Report for the proposed project on the subject property and certifies that said Report was completed pursuant to the provisions of the California Environmental Quality Act and the guidelines thereto and that the Council has reviewed and considered the contents of the Report prior to deciding whether to grant a conditional use permit for the proposed project. With respect to the potential significant environmental effects identified in the final Environmental Impact Report, the Council finds as follows: 1. The final Environmental Impact Report identi- fies as a potential significant environmental effect the settling properties of the project site which was previously used as a landfill. Changes have been required in or incorporated into the project which will mitigate or avoid this potential significant environmental effect as follows: Foundations will be designed to withstand total and differential settlement without "breaking up"; and all utilities and any landfill gas heater pipes must be CIS Res . No. 78-104i'Page 2 of 9 properly designed to retain their integrity despite settle- ments of up to 18 inches. 2. The final Environmental Impact Report identi- fies as a potential significant environmental effect increased surface water runoff as a result of the placement of any impervious surfaces on the site, i.e., buildings. Changes or alterations have been required in or incorporated into the project which mitigate or avoid this significant environmental effect as follows: A complete drainage plan for the project site will be designed and implemented to facilitate the efficient handling of any runoff. 3. The final fies as a potential sign potential for odorous em project site. Changes o or incorporated into the this potential significa: The landf (burned off) in order to by hydrogen sulfide and in the landfill gas. In to obtain a permit from District in connection w landfill gas. Addition, should be adopted by tha any potential noxious odi gas. Environmental Impact Report identi- ficant environmental effect the ssions of landfill gas from the alterations have been required in project which mitigate or avoid t environmental effect as follows: 11 gas will be recovered and flared eliminate any noxious odors caused ny other organic compounds contained addition, he applicant will have he South Coast Air Quality Management th this proposed flaring of the 1 changes or alterations can and agency which will further mitigate rs resulting from the landfill 4. The final Environmental Impact Report identi- fies as a potential significant environmental effect the possible hazards resulting from the methane gas which is generated from the project site as a result of its prior use as a landfill. Changes or alterations have been required in, or incorporated into, the project which will mitigate or avoid this potential significant environmental effect as follows: A permanent gas protection system for the structures and property will be installed and the methane gas monitored and controlled so that it is not injurious to public health and safety nor allowed to migrate to surrounding properties. Said protection system will include, among other things, crushed rock paving without any sealer or other substance which would prevent the vertical migration of landfill gas. Said protection system, monitoring and control shall be done to the satisfaction of the City Engineer and the City Council. Further, the applicant will be required to comply with all of the recommendations contained in the report of the City's independent consulting engineering firm. The costs associated with said report, including all costs related to the performance of the consulting firm, shall be assumed by the project applicant. -2- Res . No. 78-109/Page 3 Of 9 5. The final Environmental Impact Report identi- fies as a potential significant environmental effect the generation of polluted waste water resulting from the activities generally associated with repair and servicing of motor vehicles, such as engine cleaning and the washing down of the service area floor. Changes or alterations have been required in or incorporated into the project which will mitigate or avoid this potential significant environmental effect as follows: An on-site oil separation tank will be employed which will separate any oil and grease from the waste water before discharging the water into the sewer system. 6. The final Environmental Impact Report identi- fies as a potential significant environmental effect the loss of 9.38 acres of open space in the City of Carson. Specific economic, social or other considerations make infeasible the project alternatives identified in the final EIR which would in some respects mitigate this potentially significant environmental effect. The two project alterna- tives which would effectively retain this site as open space, that of "no project" and that of using this site as a park or open space, are socially and economically less desirable than the proposed project. That is, the economic and social contribution of the site as it now exists is much less than would be the case if the site were developed as proposed, which would generate substantially more revenues to the City and the City's Redevelopment Agency through taxes. In addition, this site is not designated in the City's General Plan as a park site or as open space, nor is this site considered to be appropriate for a park that would support active recreation. The above statements constitute a statement of overriding considerations required pursuant to the California Environmental Quality Act and the State and City of Carson EIR Guidelines. Section 5. The City Council further finds, pursuant to Section 9172.21 of the Carson Municipal Code and Ordinance No. 78-436U that: 1. The proposed use and development is consistent with the General Plan of the City of Carson which designates the subject property for heavy industrial uses as the heavy industrial designation includes commercial uses. 2. The proposed use and development is compatible with the surrounding area. The subject property is zoned CR (Commercial, Regional Center). The surrounding properties are developed to the north with commercial uses, to the east with heavy manufacturing uses, and to the south and west with the Dominguez Channel and the San Diego Freeway. Adjacent to the southern tip of the triangular shaped subject property and on the south side of 213th Street are ' some single-family residences. 3. The site is adequate in size, shape, topography, location, utilities, and other factors to accommodate the -3- Res . No. 78-109,/Pope 4 of 9 proposed use and development. The subject property is a 9.38 acre parcel with a relatively flat topography. The site will be extensively landscaped,•and only seven percent of the lot area will be covered by structures. Almost twice the amount of parking required by the zoning ordinance will be provided. ' 4. There is adequate street access and traffic capacity for the proposed use and development. The subject property is served by East 213th and Chico Streets.t East 213th Street is a sixty foot wide fully improved street, and Chico Street will be fully improved to a width of sixty-four feet by the applicant. 5. Existing fire hydrants will provide an ade- quate water supply for fire protection. 6. The number and size of vehicles on hand and the appearance thereof will not create the character of a truck yard or industrial use. The sale of used trucks and the service of both new and used trucks will be permitted as secondary uses only. The vehicles under repair will be parked on the property only for the amount of time required to complete the repairs. Truck dismantling or junk or salvage operations will not be permitted. A twenty foot wide strip of landscaping will be provided adjacent to the Dominguez Channel and a fifty foot wide strip of landscaping will be provided along Chico Street. 7. The potential problem of subsidence will be adequately mitigated by the construction of foundations designed to withstand total and differential settlement without "breaking up". In addition, all utilities and any landfill gas heater pipes will be designed to retain their integrity despite settlements of up to eighteen inches. 8. The possible hazards resulting from the production of methane gas by the project site will be adequately mitigated for the purposes of the proposed use, by the installation of a permanent gas protection system for the structures and property. Said protection system will include, among other things, crushed rock paving without any sealer or other substance which would prevent the vertical migration of landfill gas. Any methane gas produced by the site will be monitored and controlled and prevented from migrating to surrounding properties. Further- more, the applicant will be required to comply with all of the recommendations contained in the report of the City's independent consulting engineering firm. 9. The problem of objectionable odors emanating from the project site will be adequately mitigated by the recovery and flaring of the landfill gas. -4- Ll Res. No. 78-109/Page 5 of 9 Section 6. Based on the above findings, the City Council grants Conditional Use Permit No. 177-78 subject to the conditions set forth in Exhibit "B" attached hereto. Passed, Approved and Adop June, 1978. 10 0 Attest: City 61rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON 1 is 28th day of r I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 78-109, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of ,June 1978, and that the some was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Marbut, Colas and Yamamoto NOES: COUNCIL MEMBERS: Bridgers. and Smith ABSENT: COUNCIL MEMBERS: None A, 0 ir-1. � ��a'f 0 ) Ic P 1) 1 City Clerk, City of Carson, Ct lifornia Res. No. 78-109/Page 6of9 EXHIBIT "A" LEGAL DESCRIPTION Lot Nos. 12 and 13 of Tract 4054, as recorded in Book 44, Pages 39-41 of map records of Los Angeles County Res. No. 7/8-109./Page 7 of 9 EXHIBIT "B" CONDITIONS OF APPROVAL 1. That a revised plot plan, substantially in conformity with the Exhibit labeled "C-1," be submitted for approval, subject to the following: 2. That the applicant shall submit and comply with a schedule of development from start to completion of the . project, subject to the approval of the Community Develop- ment Director. 3. That a permanent gas protection system for the structures and property be installed. 4. That methane gas shall be monitored and controlled so that it is not injurious to public health and safety or migrate to surrounding properties, to the satisfaction of the City Engineer and the City Council. 5. That adequate measures be taken to eliminate odors to the satisfaction of the City Engineer. 6. licensed, That the City contract with and retain a qualified, the private consulting engineering firm to perform following: a. The consulting firms selected by the City and by the applicant shall in no way be associated with each other. b. Monitor and approve all developer matters pertaining to methane gas, including but not limited to: gas migrations, gas control, gas production, building and utilities design and construction, paving, subsidence, odors, and all other environmental hazards. C. Verify that all required agencies have received and approved all plans and recommendations related to this project as defined in Item b. d. Submit final reports and recommendations to the City Council for approval. The developer must assume all costs related to the performance of the consulting firms. 7. Applicant shall, at its own expense, carry public liability insurance during the existence of this conditional use permit, with a company to be approved by the City Attorney, and with City also named as an additional assured thereunder, covering liability for injuries or deaths arising out of or in connection with the operation of the truck dealer- ship pursuant to this permit, in an amount not less than $5,000,000.00. 8. That if methane gas, odors, ground settling, traffic, gas migration, or any other environmental hazards cannot be controlled and mitigated to the satisfaction of the appropriate City, County, State or Federal agencies, that this permit shall be declared null and void. u Res. No. 78-104/Page $ of 9 9. That the mitigation measures described in the project's environmental impact report shall be incorporated into the project wherever feasible and that those described in this resolution shall be incorporated in the project. 10. That the hours of retail sales operations shall be limited to the hours between 7:00 a.m. and 10:00 p.m., seven (7) days a week, and the hours of repair operation, shall be limited to the hours of 7:00 a.m. to 9:00 p.m., six (6) days a week, Monday through Saturday. During hours of operation, the repair facilitiy shall not create noise, when measured at any location on adjacent property, such that the ambient noise level or ambient base level is ex - deeded by five (5) decibels. 11. All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from surround- ing property or from any adjoining street, walkway, or the San Diego Freeway. 12. New truck sales shall be the primary commercial activity of the proposed Ford truck dealership. Service and repair of trucks, and the sale of used trucks, shall be permitted as secondary uses only. 13. That the total sign square footage is calculated to be 1,920 square feet. All proposed signs shall be subject to review and approval by the Community Development Department, and shall conform to the provisions of the Zoning Ordinance. 14. That all repair activities and storage or equipment shall be conducted within an enclosed building including the use of compressors and/or steam degreasers, so that uses do not create vibrations, sound, electromechanical disturbances and radiation to the surrounding community. Major truck repairs may be performed as an accessory use only. No truck dismantling, junk or salvage operations are permitted on the site at any time. 15. That Vehicles under repair at the truck repair facility shall be parked on the property no longer than is necessary for appropriate repairs. 16. All proposed exterior lights shall be placed and set so as not to shine onto residential or commercial areas or any public right of way in such a manner deemed to be a nuisance or hazard. 17. That all buildings, grounds, parking areas, and land- scaping shall be maintained in a neat and orderly manner. All buildings shall be painted and maintained with aesthetically compatible colors to the satisfaction of the Community Development Director. 18. That the applicant shall provide 229 parking spaces, of which 102 shall he designated as being for customer, employee, or service parking, and 127 be designated for the parking and display of trucks for -sale only. All display areas, and all trucks on display, shall be maintained in a neat and orderly manner at all times. 19. That all utilities for new construction shall be placed underground. Res. No. 78-109/Page 9 of 9 20. The Sheriff's Department feels the proposed truck dealership would have an impact on the responsibilities of the district patrol units. The extent of the impact could be affected by such variables as high visability factors in building and facility design, adequate interior and exterior lighting and efficient security systems. The Department would also recommend that the use of public paging systems and the volume of such systems be kept to a minimum due to the residentail tract located at Chico and 213th Streets. ' 21. That pursuant to the recommendation of the Los Angeles County Department of Health Services, the applicant use sanitary sewers as the method of sewage disposal. 22. That the applicant shall complete all requirements of this Special Use Permit within a three (3) year period (June 28, 1981). 23. That the applicant comply with all City, County, State, and Federal regulations. 24. That if industrial waste is to be discharged into the local sewer, the Sanitation District requires that an Industrial Waste Permit must be obtained. 25. That the applicant file an affidavit of acceptance with the Community Development Department within thirty (30) days of receipt of the Resolution. 26. That a complete drainage plan for the project site will be designed to facilitate the efficient handling of any runoff. ' 27. That an on-site oil separation tank will be employed which will separate any oil and grease from the waste water produced before discharging this water into the sewer system. 28. That this permit shall be declared null and void unless the applicant has commenced development within 180 days of date of approval. 29. It is further made a condition of this approval that if any condition hereof is violated of if any law, statute, or ordinance is violated, the permit shall lapse, provided the applicant has been given written notice to cease such violation, and has failed to do so for a period of thirty (30) days. 30. That the applicant accepts full responsibility for the nature and character of the site and the adequacy and safety of the gas protection system and gas protection measures therefor, releases the City, its officers and agents from any and all liability with respect thereto, and agrees to indemnify and hold the City, its officers and agents harmless from any and all claims for damage to persons or property arising out of the use of the site. ' 31. -=That further conditions or amendments to conditions or to the resolution may be adopted by the City Council at the time of its action on the Consultant's report referred to in Condition 6.