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HomeMy Public PortalAbout70-124 ORDINANCE NO. 70-124 AN ORDINANCE OF THE CITY OF CARSON AMENDING THE REGULATIONS AND STANDARDS FOR AUTOMOBILE WRECKING, DISMANTLING, IMPOUNDING, AND JUNK AND SALVAGE YARDS OF THE ZONING ORDINANCE AND AMENDING THE CARSON MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1 . Section 9102 of Chapter 1 of Article IX of the Carson Municipal Code is hereby amended as follows: (1) The first paragraph of Section 274.2 and subsection (a) thereof, are amended to read: "No automobile dismantling yard, or junk and salvage yard, or automobile impounding yard shall be established, maintained or extended in any zone unless it complies with the following requirements: "(a) All operations and storage, including all equipment used in conducting such business, other than parking, shall be con- ducted within an enclosed building, or within an area enclosed by a solid wall or solid fence except as herein otherwise provided. When two or more automobile dis- mantling, junk and salvage, or automobile impounding yards have a common boundary I ine, a solid wal I or solid fence will not be required on such common boundary line; provided, however, that a solid wal I or so[id fence must enclose the entire combined area devoted to such uses. " (2) Section 274.2, subsection (g), is hereby amended to read: "(g) Plot and preliminary architectural plans showing the pro- posed development, improvements, landscaping and other facilities required by this Section 274.2, shall be submitted to the Planning Director on or before February 15, 1970. The Planning Director shall approve such plans if he finds such plans to be in conformity with the standards established by this Section 274.2. The owner of any such establishment who intends to cease such operations on or before April 1, 1970, in lieu of com- plying with the provisions of this Subsection (g), shall file a letter indicating such intent with the Planning Director on or before February 15, 1970, and shall terminate such operations, in accordance with such letter, on or before April 1, 1970. Failure to comply with the requirements of this subsection (g) shall be a misdemeanor. " (3) Subsection (k) is added to Section 274.21 to read: "(k) Except as herein otherwise provided, if the Commission finds that, because of special circumstances applicable to property used as an automobile dismantling yard, junk and salvage yard, or automobile impounding yard, requirement for a solid wall or Ord. No. 70-124/P.2 of 3 solid fence along a boundary line would result in practical difficulties, unnecessary hardship, or deprivation of a property right and the suspension of such requirement as to such line would not be materially detrimental to adjoining property, the Commission may suspend such requirement as to a solid fence or solid wall on such boundary line, for a limited period or periods of time. The foregoing provisions of this subsection (k) shall not be applicable to a boundary line adjacent to, or open to view from, any public street or highway, or any residential, agricultural or commercial zone. " (4) Section 274.3 is amended to read: "Section 274.3 COMPLIANCE WITH STANDARDS "All automobile dismantling yards, junk and salvage yards and automobile impounding yards shall comply with all requirements set forth in Section 274.2 (except subsection (g) thereof as to which an earlier date is provided) on or before April 1, 1970. " "Upon a showing of full compliance with the provisions of subsection (g) of Section 274.2, and of substantial compliance with the other requirements of Section 274.2, the City Council may extend the time for completion of compliance for a period not to exceed one (1) additional year. " "Failure to comply with the requirements of Section 274.2 within the time or times herein provided shall automatically terminate any existing zone exception or special use permit authorizing the establishment of the automobile dismantling yard, junk and salvage yard, or automobile impounding yards failing to comply, upon the expiration of the time or times provided in said section for such compliance. " "Failure to comply with the provisions of Section 274.2 shall, in addition to subjecting any persons in violation thereof to the penalty provisions of this Code, con- stitute grounds for injunctive relief for the termination of the use conducted in violation of said Section 274.2. " (5) Section 9102 is further amended by adding thereto immediately after Section 274.3, a new Section 274.4 to read: "Section 274.4 REQUIRED PERMIT OR EXCEPTIONS "(a) Compliance with the requirements of Section 274.2 shall not in and of itself constitute sufficient grounds for the granting of an exception or special use permit or the extension thereof; provided, however, that the Planning Commission may extend an existing special use permit, or in the exercise of its powers under Section 524 and 532, grant an exception or extend an existing exception for such time, if any, the Commission shall deem necessary to amortize the improvements constructed pursuant to Section 274.2" "(b) Compliance with the requirements of Section 274.2 shall not constitute, or be deemed to be, an expansion or alteration of an existing use within the meaning of this ordinance. " (6) Said Section 9102 is further amended by deleting all of said section after Section 274.4, added by this ordinance, and substituting therefor a new section to read: Ord. No. 70-124/P.3 of 3 "9102. 1 . Amendment to Zoning Ordinance. Notwithstanding the pro- visions of Section 9101, the Zoning Ordinance is hereby amended by amending the following subsections thereof to read: "Section 501 (a) (1). Automobile dismantling yard, subject to the requirements of Section 274.2 and such other conditions as the Commission may require. "Section 501 (a) (4). Junk and salvage yards, including the baling of cardboard, cardboard boxes, paper and paper cartons, subject to the requirements of Section 274.2 and such other conditions as the Commission may require. " Section 2. A new Section 9102.2 is added to the Carson Municipal Code, to read: "9102.2. Amendment to Zoning Ordinance. Notwithstanding the pro- visions of Section 9100, the Zoning Ordinance is hereby amended by repealing the following provisions thereof: "Subsection 501 (a) (5). " Section 3. Ordinance No. 70-124U is repealed upon the effective date hereof. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson this _ 23rd day of March 1970. AYOR ATTEST: QV CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, MARILYN R. CORTINA, 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 ordinance, being Ordinance No. 70-124 passed first reading on the 16th day of March , 1970, 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 23rd day of March 1970, and that the same was so passed and adopted by the following roll call vote: AYES: COUNCILMEN: Yamamoto, Smith, Marbut, Clark and Junk. NOES: COUNCI LMEN: None. ABSENT: COUNCILMEN: None. City Clerk he City o Carson, California.