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HomeMy Public PortalAbout85-719U ORDINANCE NO. 85-719U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FINDING A STUDY IS UNDERWAY FOR THE APPROPRIATE REGULATION OF PETROLEUM COKE STORAGE ON PROPERTY ZONED M-H (MANUFACTURING-HEAVY), PROHIBITING FOR A TIME ANY STORAGE OF PETROLEUM COKE EXCEPT UNDER SPECIFIED CIRCUMSTANCES, GIVING NOTICE OF A PUBLIC HEARING, DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE AND STATING THE REASONS FOR THE URGENCY. THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Carson, California, does hereby find, determine and declare as follows: (a) Permittees of Watson Land Company are presently storing petroleum coke on property in the City described as: Those portions of the 3365.95 acre tract in the Rancho San Pedro, City of Carson, County of Los Angeles, State of California, allotted to Maria Dolores Dominguez de Watson by Final Decree of Partition entered in Superior Court of Los Angeles County as Case No. 3284, being also shown on Clerk's Filed Map No. 145, on file in the offices of the County Engineer of said County, described as follows: Parcel 1 (Koch Carbon) Beginning at a point on the westerly boundary of the land owned by the Los Angeles City Harbor Department, as granted under Final Condemnation Proceedings in Superior Court Case No. 205836 and which land is shown on Clerk's Filed Map No. 1398, on file in the office of said County Engineer, said point being distant along said westerly line South 9 036150" East 570.91 feet from the southerly line of the 398.11 acre tract allotted to Ana Josefa Dominguez de Guyer, as shown on said Clerk's Filed Map No. 145; thence continuing along said westerly line South 9 036'50" East 719.26 feet; thence South 80023110" West 550.51 feet thence North 9 036150" West 719.26 feet, thence North 80 123110" East 550.51 feet to the point of beginning. Parcel 2 (Great Lakes Carbon) Beginning at the southeasterly corner of the above described Parcel 1; thence along the southerly line, South 80 023'10" West 1054.22 feet to a point in a line which is concentric with and 25 feet northeasterly, measured radially, from the curved northeasterly line of that parcel of land described in deed to Los Angeles County Flood Control District, recorded in Book 19568, page 40 of Official Records, in the office of the County Recorder of said County, said concentric curve being concave southwesterly and having a radius of 1 i50 feet, a radial line of said curve to said point bears North 55 100'56" East; thence northwesterly and westerly along said concentric curve through a central angle of 37 023129" an arc distance of 750.49 feet to the easterly right of way line of Alameda Street, widening to 90 feet, as described in quit claim deed to the County of Los Angeles, recorded in Book D-1293, page 585 of said Official Records; thence along said easterly line South 17°11'54" West 25.00 feet to a point on the northerly line of said parcel of land of the Los Angeles County Flood Control District, said northerly line being a curve concave southwesterly and having a radius of 1125 feet, a radial line of said curve to said last mentioned point bears North 17 038101" East, thence easterly, southeasterly, and southerly along the boundaries of said parcel of land through a central angle of 61°43134" an arc distance of 1211.99 feet; thence continuing along the easterly line of 89 055144" East 976.44 feet to said westerly boundary of the land owned by the Los Angeles City Harbor Department; thence along said westerly boundary, North 9°36'50" West 944.05 feet to a point of beginning. (Hereinafter referred to as the "Property.") Ordinance No. 85-719U Page 2 of 3 (b) A dispute has arisen between Watson Land Company and City relating to the use of the Property. Watson Land Company contends that petroleum coke may be stored on the Property without a Conditional Use Permit. City contends that a Conditional Use Permit is required for storage of petroleum coke on the Property. (c) City and Watson each acknowledge that absent an Agreement, judicial proceedings will likely result to resolve the dispute between the parties and that such judicial proceedings would be very costly and time consuming to both parties, and might not be completed by June 30, 1987. (d) New, expanded and existing coke piles if not operated in appropriate manner would constitute a current and immediate threat to the public health, safety and welfare. (e) Watson Land Company has entered into an Agreement with the City in which Watson Land Company agrees to discontinue the storage of petroleum coke on or before June 30, 1987, on said Property. SECTION 2. During the time this Ordinance is in full force and effect, no person shall enlarge, establish or maintain any storage of petroleum coke in the City, except such uses as are permitted in Section 4 of this Ordinance. SECTION 3. Unless extended in the manner provided by Government Code Section 65858, this Ordinance shall remain in full force and effect for forty-five (45) days after its adoption and thereafter shall be of no further force or effect. SECTION 4. The prohibitions contained in Section 2 shall not be applicable to the following, each of which shall be permitted: (a) Any storage of petroleum coke where such storage lawfully existed on July 1, 1985. (b) Any storage of petroleum coke in M-H zone in accordance with an approved Conditional Use Permit, or Special Use Permit. (c) Storage of petroleum coke until June 30, 1987 on Property described in subsection (a) of Section 1 of this Ordinance. Storage of petroleum coke in the above-described property on and after July 1, 1987 is prohibited unless such storage is in accordance with an approved Conditional Use Permit. SECTION 5. Notice is hereby given that the City Council of the City of Carson will hold a Public Hearing at 6:30 P.M. on September 16, 1985' in the Council Chambers, located on the second floor of the City Hall, 701 East Carson Street, Carson, California, for the purpose of determining whether to extend this interim Ordinance for twenty-two (22) months and fifteen(15) days. SECTION 6. The City Clerk shall give notice of the Public Hearing referred to in Section 5 hereof in the time and form and manner required by law. SECTION 7. This Ordinance is hereby declared to be an urgency Ordinance and shall take effect immediately upon its adoption. The facts constituting the urgency are set forth in Section 1 hereof. SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City and in the minutes of the meeting at which the same is passed and adopted; and shall cause the same to be posted (or published) within the corporate limits of said City within the time and manner as prescribed by law. Ordinance No. 85-719U Page 3 of 3 PASSED, APPROVED AND ADOPTED this 19th day of August 1985. 6;1 6�� e MOOR PRO TEM ATTEST: CITY CLEstk v APPROVED AS TO FORM:' SPECIAL COUNSEL STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) 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 ordinance, being Ordinance No. 85-719U was duly and regularly adopted by the City Council of said City on an urgency basis at a regular meeting of said Council , duly and regularly held on the 19th day, of August, 1985, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: DeWitt, Egan, Mills and Maise NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Calas _1—M4 City Clerk, City of Caron, California 1