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HomeMy Public PortalAbout93-092 CITY OF CARSON CITY COUNCIL RESOLUTION NO. 93-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON DENYING THE APPEAL AND MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING VARIANCE NO. 372-93 THE CITY COUNCIL OF THE CITY OF CARSON HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. An application was duly filed by the applicant, Margate Construction, Inc., with respect to real property located at 25007 S. Figueroa Street as described in Exhibit "A" attached hereto, requesting the approval of Variance No. 372-93 for the use of cargo containers as an accessory use in the MH (Manufacturing, Heavy) zoned district. SECTION 2. A public hearing was duly held by the Planning Commission regarding the requested variance on July 27, 1993 at 6:30 p.m. at City Hall, Council Chambers, 701 East Carson Street, Carson, California. A notice of the time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the aforesaid public hearing. At the conclusion of said hearing, the Planning Commission unanimously voted to approve Variance No. 372-93, subject to certain conditions. SECTION 3. Pursuant to Section 9173.4 of the Carson Municipal Code, an appeal of the Planning Commissions decision was timely filed by the applicant's representative Jean M. Morgan. A public hearing was duly held by the City Council regarding the requested variance on September 21st, October 20th, November 16th and December 7th, 1993 at 6:00 p.m. at City Hall, Council Chambers, 701 East Carson Street, Carson, California. A notice of the time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the City Council at the aforesaid public hearing. At the conclusion of said hearing, the City Council voted to deny the appeal and modify the decision of the Planning Commission to approve Variance No. 372-93, SECTION 4. The City Council finds that: a) The subject property is approximately .84 acres in size and is located on the southwest corner of Lomita Boulevard and Figueroa Street, in the MH (Manufacturing, Heavy) zoned district. The General Plan designates the property for heavy industrial uses. The applicant requests a variance approval to utilize cargo containers as an accessory use for the storage of equipment and materials at the subject property. Additional cargo containers are proposed to be stored at the subject property for transport and use at various construction sites. The subject property is surrounded by a sewage treatment plant, oil wells, a nursery and an athletic complex. b) The applicant utilizes the property for an office building and the outdoor storage of construction equipment and materials. The applicant has operated from the subject property for approximately seventeen years. Approximately seven cargo containers are utilized for the on site storage of equipment and materials and a varying amount of cargo containers are stored for use off site at various construction sites to provide secured storage of equipment and materials. Resolution No. 93-092 Page 2 of 6 C) Pursuant to Section 9142 of the Carson Municipal Code, cargo container storage is permitted incidental to a truck terminal, rail yard and intermodal container transfer facility. Cargo container storage that is incidental to an automatically permitted warehouse is permitted if the number of cargo containers stored does not exceed the number of loading positions on the site and if the duration of storage does not exceed 72 hours. All other cargo container storage, whether involving single or multiple cargo containers for any use, is prohibited as an accessory use. The applicant utilizes cargo containers for the transport of equipment, tools, and construction materials and for storage at off-site construction job sites. The cargo containers are an integral part of the equipment and materials necessary for the applicant to conduct construction related activities. The proposed use of cargo containers by the applicant is considered to be an accessory use similar to a warehouse use inasmuch as the primary purpose is for transport in addition to providing secure temporary storage. d) The subject property is a small, pie shaped lot, approximately 164.4 feet of frontage on Figueroa Street, narrowing down to zero feet 715.2 feet along Lomita Boulevard. The irregular shape of the subject property creates difficulties in designing a warehouse building of sufficient size to accommodate loading positions available for the storage of cargo containers as permitted in Section 9142 of the Carson Municipal Code. The variance from Section 9142 is to permit Margate Construction the accessory use of cargo container storage without the restriction that the number of cargo containers can not exceed the number of loading positions on the site and the duration of the storage can not exceed 72 hours. The use of cargo container for on site storage is prohibited since the subject property is of sufficient size to accommodate a small warehouse building. The use of cargo containers for on site storage is considered to be a lower standard of development which could have detrimental effects on property values, property maintenance standards and the image of the surrounding area. e) The applicant utilizes in excess of twenty cargo containers for transport and storage of equipment and materials at off site construction sites. The Planning Commission decision restricted the variance to allow for two cargo containers stored at the subject property for off site use. Due to the size and configuration of the subject property, there is sufficient space available to store additional cargo containers without creating a significant negative visual impact. A limitation on the maximum number of cargo containers that can be stored on site is necessary to allow for adequate on site circulation. The following modification to the Planning Commission decision will increase the number of cargo containers authorized to be stored on the subject property: No. 3: The applicant may retain up to ten (10) cargo containers which are considered to be mobile equipment used as storage lockers for off site jobs by Margate Construction. The cargo containers shall not be used for on site storage of materials and equipment. f) A condition of approval of the variance requires appropriate screening of all outdoor storage of tools, equipment, inventory, and the cargo containers. Additional landscaping and screening within the fence shall be provided as necessary to provide adequate screening. g) There will be convenience and safety of circulation for pedestrians and vehicles. The subject property is served by Figueroa Street which is a fully dedicated and improved major arterial. Resolution No. 93-092 Page 3 of 6 h) Pursuant to Section 9148.6 of the Carson Municipal Code, cargo container storage facilities can only be permitted as a primary use. The proposed use of cargo containers in conjunction with the construction related business is considered to be an accessory use ineligible for consideration as a cargo container storage facility. The subject property is of insufficient size to meet the setback requirements of a cargo container storage facility without significantly reducing the usable area of the property for outdoor storage related uses. i) There are special circumstances related to the size, shape and location of the subject property which would warrant the granting of a variance from the strict application of Section 9142 of the Carson Municipal Code relating to permitted accessory uses. SECTION 5. Based on the aforementioned findings, the City Council hereby denies the appeal and modifies the decision of the Planning Commission approving Variance No. 372-93, subject to the conditions of approval attached hereto as Exhibit "B" with respect to real property described in Exhibit "A", attached hereto. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF DECEMBER, 1993. MAY ATTEST: r. 1 CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY slt/2/r-93-092 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. 93-092 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 7th day of December, 1993, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Calas, Muise-Perez, Olaes, Fajardo, and Mitoma NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None \4 P,. _ City Clerk, City of C rson, Ca ifornia Resolution No. 93-092 Page 4 of 6 VARIANCE NO. 372-93 MARGATE CONSTRUCTION, INC. EXHIBIT "A" That portion of Lot G of the partition of the` Rancho Los Palos Verdes, in the City of Los Angeles, in the County of Los Angeles , State of California, as per map and decree filed in Case No. 2373 of the District Court of said County, described as follows : Beginning at the intersection of the Westerly line of Figueroa Street, 100 feet wide, with the Southerly line of Lomita Boule- vard, as described in the Deeds to the County of Los Angeles, recorded in Book 12060 Page 314 and in Book 12108 Page 238, both Of official records, in the office of the Count Recorder county; thence Westerly along said Lomita Boulevard etothe South erly line of said Lot G; thence Easterly along said last mentioned Southerly line to the Westerly line of said Figueroa Street; thence Northerly along said Figueroa St ning. reet to the point of begin- Except that portion included within the lines of the Land descri- bed as Parcel 12-5 in the final order of Condemnation Case No. 879, 378 a certified copy of which was recorded in Book D-3696 Page 631, official records of said county. Also except any portion of said land within an along the Southerly line of said land, y public roads Except, however, & reserving to Seller minerals, oil, gas & hy- drocarbons below a depth of 500 'feet without a right of entry within 500 feet of the surface. This conveyance is made pursuant to Order Confirming Sale of Real Property in the Matter of the Estate of Rembert C. Anderson, De- ceased, Probate No. P 609 427, in the Superior Court of the State of California, County of Los Angeles, a certified copy Of' which order is filed for recording concurrently herewith, Variance No. 372-93 Resolution No. 93-092 Page 5 of 6 x Margate Construction, Inc. Exhibit No..!'-A-1" w r • OI r v •W Am b ^� NOI In o < n D N nom > r T , >I T O A z cn n w D O c, ={O 00 = r�— O + OZ F N O O 0 61K era bi%3NS R �G A N(n O z O O_ O D � ` -i 2 „rn O rn —'� m < A 0�� rE S d -{ D m � � r0 yVI o� O: a26� m : to ' ST. 4 4:862 z? �.: e5953 I FIGUEROA A N CODE 3.'.0 CODE 105; 1 CODF 14 -. ')1 V0 13L•42 alit � S;.C9 LOT 9 o,i 4 A p0.03 � • 49t.ie M� N 260.7W ¢Lkct -(VAc) - L.•A•GS.D• als.e. ' '�"O°' M-z Ze-rt �•s H�eecss t Resolution No. 93-092 Page 6 of 6 EXHIBIT "B" CONDITIONS OF APPROVAL VARIANCE NO. 372-93 COWAUNITY DEVELOPMENT DEPORTMENT CITY OF CARSON L That the applicant shall have one year, that is, until December 7, 1994, to retain seven or less cargo containers for the sole purpose of storing tools, equipment, and inventory at 25007 S. Figueroa Street. 2. That a building permit shall be obtained for the construction of any permanent buildings or structures as defined in the Carson Zoning Ordinance. 3. That applicant may retain up to 10 cargo containers which are considered to be mobile equipment used as storage lockers for off:site jobs at Margate Construction. The cargo containers shall not be used for on-site storage of materials or equipment. 4. That all areas utilized for outdoor storage at 25007 S. Figueroa are to be screened from all public right-of-ways. The applicant shall utilize landscape fabric material for fences and plant appropriate vine type plants, all subject to Community Development Department approval. 5. That if Variance No. 372-93 is not used within 180 days of its effective date, said permit shall be declared null and void unless an extension of time is previously approved by the Planning Commission. 6. That the applicant shall comply with all City, County, State and Federal Regulations applicable to this project. 7. That the applicant file an Affidavit of Acceptance with the Community Development Department within thirty (30) days of receipt of the Planning Commission Resolution. The applicant shall record said Affidavit and these Conditions of Approval in the Office of the Los Angeles County Recorder, and proof of such recordation shall be submitted to the Community Development Department within thirty (30) days of receipt of the Planning Commission Resolution. 8. That it is further made a condition of this approval that if any condition is violated or 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. 9. That all buildings, grounds, parking areas and landscaping shall be maintained in a neat and orderly manner at all times. 10. That within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department a cashier's check or money order payable to the County Clerk in the amount of$25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, to enable the City to file the Notice of Determination required under Public Resource Code Section 21152 and 14 Cal Code of Regulations 15075. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted cashier's check or money order, the approval for the project granted herein may be considered automatically null and void. 11. That the decision of the Planning Commission shall become effective and final 15 days after the date of its action unless an appeal is filed in accordance with Section 9173.4 of the Zoning Ordinance. 12. A modification of the conditions of this permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his/her authorized representative in accordance with Section 9173.1 of the Zoning Ordinance. dlv.3.c-372-93