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
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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