HomeMy Public PortalAbout77-116G
RESOLUTION NO. 77-116
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON GRANTING AN EXTENSION OF
' TIME TO OPERATE A LEGAL NON -CONFORMING USE
The City Council of the City of Carson Hereby
Finds, Resolves and Orders as Follows:
Section 1. The City Council does hereby find and
determine that an application was duly filed by Elm Trailer
Haven with respect to real property described in Exhibit "A"
attached hereto, requesting an extension of time to operate
a non -conforming use in the M-2 (Heavy Manufacturing) zone
district; and that a public hearing was duly held by the
Planning Commission on April 26, 1977 at 7:30 P.M. in the
Council Chambers, City Hall, 701 E. Carson Street, Carson
California; and a notice of the time, date, place and
purpose of the aforesaid hearing was duly given. Following
the public hearing the Planning Commission denied said
application.
Section 2. Following said denial, the application
was appealed to the City Council. A duly noticed public
hearing was held by the City Council in the Council Chambers
to consider the appeal on June 6, 1977.
Section 3. Evidence, both written and oral, was duly
presented to and considered by the City Council at the aforesaid
public hearing.
Section 4. The City Council finds:
1) The subject property is developed with a mobile
home park which was established prior to January 17, 1950 in
the M-3 zone as a. permitted use. The subject property was
rezoned to the M-2 zone as of October 7, 1955, and as of that
date the mobile home park existed as a legal non -conforming
use. The permanent structures existing on the subject property
are of type five construction. Pursuant to Section 531(d) of
the Carson Zoning Ordinance, the subject mobile home park was
required to be terminated within 20 years from the date of the
aforementioned rezoning. Therefore, the use of the subject -
property as a mobile home park became an illegal use as of
October 7, 1975 and has been operating as such up to this
date.
2) The subject property currently is being operated
in violation of various building, health and fire code provisions
of the City of Carson and has been the subject of numerous
complaints relating to "social" problems such as the presence
' of truant children, prostitution and illegal drugs. Such
complaints and violations have been documented by letters from
the Los Angeles County Health Department, The Los Angeles
County Building & Safety Division, the Los Angeles County Fire
Department, the Los Angeles County Animal Control Department
and the City of Carson Senior Code Enforcement Officer. To
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RESOLUTION NO. 77-116/Page 2 of
date, the applicant has failed to correct the aforesaid viola-
tions. Therefore, the granting of the subject request would
result in a continuation of conditions which are materially
detrimental to the health, safety and general welfare of the
residents of the subject mobile home park and the general
populace of the City of Carson.
' 3) The granting of the subject request would permit
the continuation of a use which is inconsistent with the
General Development Plan of the City of Carson which designates
the subject property for heavy industrial uses and which is
incompatible with the surrounding neighborhood which is primarily
developed with heavy industrial uses.
4) On or about May7, 1976, the City of Carson duly
notified the applicant in writing of the fact that the subject
use must be terminated. The 20 -year period specified by the
Carson Zoning Ordinance provided sufficient time for the
amortization of the subject use and the immediate cessation of
said use based upon the type of improvements existing on the
subject property would not result in an unconstitutional taking
of property.
5) The applicant has failed to notify the existing
tenants of the subject property that the present use of said
property is in conflict with the provisions of the Carson
Zoning Ordninance. It is therefore necessary to provide said
tenants with a reasonable time period to relocate and it is
further necessary to insure that the subject property complies
with all applicable health standards in order to protect the
health and safety of such tenants.
Section 4. Based on the aforementioned findings,
and specifically in order'to provide sufficient time for
tenants of the subject property to relocate, the City Council
hereby extends the time for operation of the subject use until
June 20, 1979, subject to the conditions attached hereto as
Exhibit "B".
Section 6. The secretary shall certify to the
adoption of the resolution and shall transmit copies of the
same to the applicant, and the City Clerk.
Passed, Approved and Adopted this 20th day of
June , 1977.
XTTEST o
-CITY CLERF
MAYOR
-2-
RESOLUTION NO. 77-116/Page 3
of 6
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
resolution, being Resolution No. 77-116, 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 20th day
of June 1977, and that the some was so passed and adopted by the following roll
call vote:
AYES: Council Members: Marbut, Smith, Colas & Yamamoto
' NOES: Council Members: Bridgers
ABSENT: Council Members: None
City Clerk, City of Carson, a ifornia
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D
Legal Description
That portion of Lot
' of Los Angeles, State of
30 & 31 of maps, in the
as follows:
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Res. No. 77-116/Page 4 of 6
EXHIBIT"A"
109, Tract No. 4671 in the City of Carson, County
California, as shown in Map Recorder in Book 56 pages
Office of the County Recorder of said County, described
Beginning at the southeast corner of said lot 109; thence westerly along
the southerly line of said lot S 890 57' W 610 feet to a point in the easterly
line of South Figueroa Street, 100 feet wide; thence northerly along the easterly
line of said South Figueroa Strset N 00 03' W 330 feet; thence easterly along the
northerly line of said 10t'N""89 57 W 610 feet; thence southerly along the
easterly line of said lot S 00 03' E 330 feet to the point of beginning.
Res. No. 77-116/Page 5 of 6
EXHIBIT "B"
1. The
following Health Services violations shall be corrected
on
or before September 20, 1977:
Laundry Room
a.
Presence of trash, debris and dirt on floor of premises
and behind equipment,
Community Restrooms
' b.
Deteriorated and damaged shower stalls in both men and
women facilities.
C.
Lack of proper ventilation within women's restroom.
d.
Damaged walls and ceiling with peeling paint and broken
plaster in men's restroom.
e.
Sink in men's restroom not connected to sewer, but dis-
charging liquid wastes into shower stall.
f.
No toiler paper.
Mobilehome Sites and General Public Areas
g.
Improper discharge of sewage and liquid wastes on ground
surface and/or broken, leaky and/or improperly connected
sewer lines at the following mobilehome sites: C-7, C-91
D-181 D-13, D-71 A-7, A-11, A-12, B-21, B-20, B-181 B-15,
B-7, E-3, E-8 (collapsed line), F-14 (connections not
tightly sealed), F-3, C-10 (sewage backing up plumbing
fixtures).
h.
Rental mobilehomes not complying with applicable pro-
visions of mobilehome park law regulating rental trailers
and lacking seal of approval for such use from the
California Department of Housing and Community Develop-
ment: C-3, C-5, C-8, C-9, C-10, D-9, A-4, A-6, A-7,
A-81 A-91 A-131 A-19, A-21, A-25, A-26, B-191 B-181 B-11,
B-12, B-131 E-71 E-10, E-91 E-121 E-20, E-241 F-161 F-10,
F-4, F-2. Further, the following conditions were obser-
ved within individual rental trailers.
i. Unvented heater at trailer site B-19.
ii. Clogged plumbing and backing up sewage at
trailer site C-10.
iii. Cockroach infestation at '-'railer site B-11.
i.
Trash, debris, high weeds, cast-off materials, and
animal excreta under, around numerous mobilehome sites
throughout park.,
j.
Lack of proper back-flow prevention devices to protect
potable water supply at D-13, D-91 D-8, D-3 (not properly
installed), F-28, F-10.
k.
Lack of proper drainage with large puddles of standing
water on driveways.
1.
Lack of proper demarcation and identification of indi-
vidual mobilehome park spaces.
' M.
Lack of fully completed and maintained guest register.
2. The
following Fire Department violations shall be corrected:
a.
On-site streets to be named and visibly identified.
b.
On-site streets to maintain a minimum 20 -foot clearance.
C.
The park shall fully comply with the City's Electrical
Code.
Said
Fire Department violations shall be corrected on or
before
September 20, 1977.
1
1
J
Exhibit "B" (continued)
Res. No. 77-116/Page 6 of 6
3. The following Animal Control violations shall be corrected on or before
September 20, 1977:
a. All dogs shall have the appropriate licenses and such licenses shall be
attached to the dog as required by Sections 402 and 415 of the Animal
Control Ordinance.
b. All owners of dogs shall have a rabies vaccination certificate for each
dog, and, pursuant to Section 501 of the Animal Control Ordinance, shall
show said certificate upon the request for any Animal Control Officer.
4. The use of the subject property as a mobilehome park shall terminate on or
before June 20, 1979.
5. Within thirty ( 30 ) days after compliance with Conditions No. 1 through 3
hereof, the applicant shall notify all existing tenants.of the subject property,
including all existing and future tenents, that the use of said property as a
mobilehome park will terminate on or before June 20, 1979 and that all tenants
must vacate the subject property on or before that date.
6. The applicant shall file an affidavit of acceptance with the Community
Development Department within thirty ( 30 ) days of the receipt of this resolution.
7. The extension provided forth herein shall forthwith lapse on September 20, 1977,
unless all of the above violations shall be corrected on or before September
20, 1977 to the satisfaction of the City Council.
8. If any condition hereof is violated or if any law, statute, or ordinance of the
City of Carson or the State of California is violated, the extension of time
granted herein shall lapse and the use of the subject property as a mobilehome
park shall be terminated, 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 provided further that further violations thereafter occur, the City Council
may after written notice and public hearing, terminate such extension.