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.
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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
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Res . No. 78-104i'Page 2
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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.
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Res . No. 78-109/Page 3
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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
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Res . No. 78-109,/Pope 4
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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.
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Res. No. 78-109/Page 5
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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
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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.
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Res. No. 78-104/Page $
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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
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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.