Loading...
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 JNG1-28A e 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 �l D Legal Description That portion of Lot ' of Los Angeles, State of 30 & 31 of maps, in the as follows: r I� 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.