HomeMy Public PortalAbout21-2120 Amending Section 9141.1 of Division 1 of Part 4 of Chapter 1 of Article IX of the Carson Municipal CodeORDINANCE NO. 21-2120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA: (1)
AMENDING SECTION 9141.1 (USES PERMITTED) OF DIVISION 1 (USES PERMITTED) OF
PART 4 (INDUSTRIAL ZONES) OF CHAPTER 1 (ZONING) OF ARTICLE IX (PLANNING AND
ZONING) OF THE CARSON MUNICIPAL CODE REGARDING PERMITTED USES IN THE
INDUSTRIAL (MANUFACTURING-HEAVY AND MANUFACTURING-LIGHT) ZONES FOR
REGULATED AND NONREGULATED SUBSTANCES; AND (2) ADDING SECTION 9182.46
(NONCONFORMITY FOR USE OR STORAGE OF REGULATED SUBSTANCES) TO DIVISION 2
(NONCONFORMITIES) OF PART 8 (IMPLEMENTING PROVISIONS) OF CHAPTER 1
(ZONING) OF ARTICLE IX (PLANNING AND ZONING) OF THE CARSON MUNICIPAL CODE
REGARDING NONCONFORMITIES FOR USE OF REGULATED SUBSTANCES
WHEREAS, the California Constitution, in Article XI, Section 7, grants local governments the
authority under their police powers to regulate land use; and
WHEREAS, a large percentage of the land in the City of Carson is zoned for, and occupied by,
industrial land uses; and
WHEREAS, industrial land uses in the City frequently involve warehouses and other storage
facilities, businesses related to transportation of materials, and industrial manufacturing facilities, due in
part to the City’s location between the ports of Los Angeles and Long Beach as well as its proximity to
multiple oil refineries, making it a prime location for businesses engaged in storing, transporting, and
distributing materials coming to and from such locations; and
WHEREAS, such industrial uses frequently involve CalARP Regulated Substances and Hazardous
Materials (as such terms are defined below) as part of their business activities, and can thereby pose a
threat to public health and safety in the event of an accidental release or other incident; and
WHEREAS, the City has endured a number of incidents highlighting the risks to public health,
safety and welfare arising from industrial land uses involving CalARP Regulated Substances and/or
Hazardous Materials in the City in recent years; and
WHEREAS, the City itself is not responsible for administration or enforcement of State CalARP or
hazardous materials regulations (which are collectively referred to as the “Unified Program”) within its
boundaries; instead, such duties are within the jurisdiction of the Los Angeles County Fire Department,
Health Hazardous Materials Division, in its capacity as the certified Unified Program Agency (“CUPA”) for
the City and subject to the oversight of CalOES; and
WHEREAS, despite the best efforts of the CUPA, not enough is being done to ensure the
protection of public health, safety, and welfare related to the many industrial uses engaged in or seeking
to engage in storage or manufacturing of CalARP Regulated Substances and/or Hazardous Materials in the
City. The CUPA only conducts regular inspections of the regulated facilities within the City once every
three years. The City has sought to retain the CUPA to perform increased or additional inspections of the
CUPA-regulated facilities in the City, and has been informed that is not possible; and
WHEREAS, to improve its regulatory control over industrial storage and/or manufacturing uses
that involve CalARP Regulated Substances and/or Hazardous Materials in the City in order to protect
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 1 of 35
public health, safety and welfare, the City Council now sees fit to adopt this ordinance to amend and
strengthen the permitted use provisions set forth in the Carson Zoning Ordinance (Chapter 1 of Article Ix
of the Carson Municipal Code [“CMC’”]) pertaining to such land uses; and
WHEREAS, Section 9141.1 of the Carson Zoning Ordinance sets forth the permitted uses in the
City’s industrial zones, including the approval requirements and allowances concerning storage and
manufacturing uses involving various categories of hazardous and nonhazardous materials in both the M-
H (Manufacturing-Heavy) and M-L (Manufacturing-Light) Zones; and
WHEREAS, CalARP Regulated Substances, as that term is used herein, means and refers to the
substances that constitute “regulated substances” pursuant to the California Accidental Release
Prevention (“CalARP”) program, established and existing pursuant to Article 2 (Sections 25531 to 25543.3)
of Chapter 6.95 of Division 20 of the California Health & Safety Code and the regulations set forth in
Chapter 4.5 of Division 2 of Title 19 of the California Code of Regulations, as such substances are defined
in California Health & Safety Code Section 25532 and listed in Table 3 of Section 2770.5 of Title 19 of the
California Code of Regulations (“Table 3”) and described and listed in Section 68.130 of Title 40 of the
Code of Federal Regulations pursuant to paragraph (3) of subsection (r) of Section 112 of the Clean Air Act
(42 U.S.C. Sec. 7412(r)(3)). Notwithstanding the foregoing, a flammable substance listed in Section 2770.5,
Table 2, of Chapter 4.5 of Division 2 of Title 19 of the California Code of Regulations, is excluded from the
definition of CalARP Regulated Substances when the substance is used as a fuel or held for sale as a fuel
at a retail facility; and
WHEREAS, Hazardous Material, as that term is used herein, shall have the meaning set forth in
Section 25501(n) of the California Health & Safety Code, as may be amended from time to time; and
WHEREAS, in furtherance of its police power and to protect and promote the public health, safety
and welfare of the City’s residents and visitors, the City Council sees fit and intends to modify CMC Section
9141.1 to provide that: (i) industrial land uses involving storage or manufacturing of/with CalARP
Regulated Substances in the M-H (Manufacturing-Heavy) or M-L (Manufacturing-Light) Zones are
prohibited; and (ii) industrial land uses involving storage or manufacturing of/with any Hazardous
Materials that are not otherwise prohibited (whether by the CalARP Regulated Substances
prohibition of this ordinance or an existing prohibition in the Carson Zoning Ordinance) in the M-H or
M-L Zones are subject to issuance of a conditional use permit; and
WHEREAS, the aforementioned regulations are intended to apply only to land uses in the City’s
industrial zones which involve (i) storage of CalARP Regulated Substances or Hazardous Materials in the
absence of any manufacturing process, (ii) storage of CalARP Regulated Substances or Hazardous
Materials in connection with any manufacturing process, (iii) manufacturing involving CalARP Regulated
Substances or Hazardous Materials, and/or (iv) other industrial processes involving CalARP Regulated
Substances or Hazardous Materials. Examples may include warehouses, manufacturing facilities, and
logistics facilities. This ordinance is not intended to apply to uses located in industrial zones that are
permitted in commercial zones (whether automatically, with limitations, or by conditional use permit) as
provided in CMC 9141.1 in the portion of the table entitled “Uses Permitted in Commercial Zones”; such
uses are permitted in the industrial zones subject to the same requirements specified for such use in the
commercial zones, except as otherwise specified in CMC 9141.1, and this ordinance is not intended to
vary said provision. Commercial uses such as retail stores, restaurants, and automobile service stations
frequently have small quantities of materials that may constitute Hazardous Materials or CalARP
Regulated Substances, but which do not pose the same degree of risk to public health, safety or welfare
as the industrial uses that are intended to be subject to this ordinance. This ordinance is also not intended
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 2 of 35
to apply to lawfully-established existing uses involving petroleum refining, as such uses are already heavily
regulated; and
WHEREAS, to avoid unduly severe adverse impacts on lawfully-established existing businesses
resulting from the aforementioned use designations, the City Council sees fit to add new Section 9182.46
to the City’s Municipal Code governing nonconforming uses to provide that existing lawfully-established
industrial land uses involving Hazardous Materials or CalARP Regulated Substances within the scope of
the above-referenced restrictions are deemed nonconforming so as to commence running of the
amortization period for termination of the nonconforming use under Section 9182.22 of the Carson
Zoning Ordinance unless such uses obtain Director approval under CMC 9182.46, which would allow them
to continue and be exempt from running of the nonconforming use amortization periods while the
Director approval is in effect. Obtaining and maintaining such a Director-approved permit will require
disclosures of any use of Hazardous Materials or CalARP Regulated Substances and the types and
quantities thereof, and will require businesses to become subject to periodic City inspections
regarding the presence of CalARP Regulated Substances or Hazardous Materials and compliance with
the Carson Municipal Code; and
WHEREAS, the City Council also sees fit and intends to modify CMC Section 9141.1 to expand the
list of categories of materials that are automatically permitted for indoor storage in the M-H and M-L
Zones to include additional categories of non-Hazardous Materials that are currently automatically
permitted for use in manufacturing in said zones, and to provide that any outdoor storage of such
categories of non-Hazardous Materials in industrial zones is subject to Director approval to ensure that
such uses will not have adverse effects constituting or resembling public nuisance conditions or violations
of the CMC, including but not limited to those related to the accumulation of trash, litter, refuse, rubbish,
junk, debris, or waste materials (see, e.g., Carson Municipal Code §4124, §§5300 et seq., §5702,
§9146.29); and
WHEREAS, the City Council further sees fit to remove, from the legend utilized as part of Section
9141.1, the reference to all permitted commercial uses except temporary uses being subject to the
requirements contained in CMC 9172.23 (Site Plan and Design Review), and relocate such reference within
Section 9141.1 so that it is below the legend, because it is apparent that the original inclusion of such
reference in its current location in the legend was inadvertent and erroneous, and such
inadvertence/error could create confusion regarding implementation of prohibited use designations
because the “blank” permitted use designation in the legend is properly reserved for, and is and was
always reserved and intended to be reserved for, prohibited uses, consistent with the permissive nature
of the Carson Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct, and are incorporated herein as
findings of fact.
SECTION 2. CEQA. The City Council has determined that adoption of this Ordinance does not
constitute a “project” within the meaning of the California Environmental Quality Act (CEQA), because it
does not have the potential for resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. 14 CCR §§15378, 15060(c)(2)-(3).
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 3 of 35
Without limitation, CEQA Guidelines Section 15378(b)(5) excludes “[o]rganizational or administrative
activities of governments that will not result in direct or indirect physical changes in the environment”
from CEQA’s definition of “project.” Furthermore, even if the proposed zone text amendment were a
“project,” it would be exempt from environmental review under CEQA Guidelines Section 15061(b)(3)’s
“general rule” that CEQA applies only to projects that have the potential for causing a significant effect on
the environment. Here, it can be seen with certainty that there is no possibility that the proposed zone
text amendment will have a significant effect on the environment.
SECTION 3. AMENDMENTS.
A. Section 9141.1 (Uses Permitted) of Division 1 (Uses Permitted) of Part 4 (Industrial Zones)
of Chapter 1 (Zoning) of Article IX (Planning and Zoning) of the Carson Municipal Code is hereby amended
to read in its entirety as follows (deletions shown in strikethrough, additions shown in bold, italics,
underlined):
“9141.1Uses Permitted
Uses are permitted in the industrial zones as indicated in the following table:
USES PERMITTED IN INDUSTRIAL ZONES
Legend
X. |Automatically permitted use.
L. |Automatically permitted use provided
special limitations and requirements are
satisfied as noted herein, in Division 8 of
this Part and in Division 8 of Part 3.
D. |Use permitted subject to the approval of
the Director.
LD. |Use permitted provided special limitations
and requirements are satisfied as noted
herein, in Division 8 of Part 2, and subject
to the approval of the Director.
C. |Use permitted upon approval of a
conditional use permit.
CC. |Use permitted upon approval of the City
Council as prescribed under other
provisions of the Carson Municipal Code.
Use prohibited. Al-commerciatuses stad by thi ball bj
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 4 of 35
USES PERMITTED IN INDUSTRIAL ZONES
DA. | Use permitted upon approval of a
development agreement by the City Council
subject to the requirements contained in
Chapter 15 of Article VI.
Note: All commercial uses permitted by this part shall be subject to the requirements contained in CMC
9172.23, Site Plan and Design Review, except temporary uses. (See CMC 9131.1.) (Ord. 84-704).
Note: In the following list, industrial activities are classified by product, by materials used, by use, and by
processes employed. Since many industrial uses are complex in nature, it is necessary to consider all of
the above-mentioned elements in classifying any specific industrial use. Uncertainties as to the proper
classification for a specific use are to be resolved through Interpretations adopted in accordance with
CMC 9172.24.
ZONES
ML | MH
Manufacturing of the
Following Products:*
*Food manufacturing and processing
activities are listed under a separate
heading.
Pharmaceuticals — drugs, X X
medicines, vitamin tablets.
Perfume, cosmetics, toiletries | X X
(except soap).
Soap, bleaching powder, glue. C
Novelties, buttons, brushes, X X
toys, candles.
Ceramics, pottery, statuary. X X
Jewelry, watches, clocks, X X
optical goods, musical
instruments, scientific
instruments, electronic
instruments, phonographs,
phonograph records, radios,
television sets, electronic
parts, precision metal
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 5 of 35
ZONES
ML | MH
products, wire, springs, tools,
sandpaper, emery cloth,
grinding wheels, printer’s
type.
Electric and gas fixtures, X X
electric appliances, electric
motors and generators,
batteries (including
rebuilding), signs (electric,
neon, billboards, etc.).
Furniture, bedsprings, boxes, | X X
coffins, fences, sash and
doors, venetian blinds,
window shades.
Clothing, dry goods, X X
draperies, bedding, rugs,
upholstery, automobile seat
covers, awnings, bags, rope,
baskets.
Chamois. C
Ink, polish, putty, enamel X X
(except lacquer, synthetic
enamel, polyurethane),
ethylene glycol.
Lacquer, synthetic enamel, C C
polyurethane.
Engines (no foundry). X X
Engines (with foundry). C C
Automobiles, trailers, boats, X
aircraft, heavy equipment.
Tile (indoor kiln). X X
Concrete block, brick, tile C
(outdoor kiln).
Poisons (Class A and Class B)* C
— pesticides, rodenticides,
insecticides, herbicides.
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 6 of 35
ZONES
ML MH
Tariff No. 25).
*Classification according to the Los Angeles
County Fire Department (R.M. Graziano’s
Explosives — fireworks,
dynamite, ammunition,
weapons involving use or
testing with explosive
materials.
CalARP Regulated
Substances”
Hazardous Materials.4*** IN
IT
Manufacturing of Products
from the Following
Materials:
Textiles, wool, yarn, fur, felt,
canvas, leather, hair, feathers,
paper, cloth.
Bone, horn, shells,
cellophane, casein (except
glue).
Wood, cork, fiberglass, clay,
glass (no blast furnace),
plastic (no pyroxylin).
Hydrocyanic acid, tar, coal tar,
pyroxyline plastic, guncotton.
Aluminum, sheet metal,
ornamental iron, steel.
Rubber (in ML Zone, rubber is
not to be melted and, where
a banbury mixer is used, the
resulting dust is to be
washed).
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 7 of 35
ZONES
ML | MH
Petroleum. C
Any CalARP Regulated
Substance.”
Any Hazardous C C
Material.A***
Manufacturing of the
Following Materials:
Dextrin. X X
Cloth, textiles, upholstery, X X
felt, canvas.
Wallboard, fiberglass, glass X X
(no blast furnace).
Glass (with blast furnace). C
Polyurethane foam. C C
Cellophane, celluloid, C
cellulose.
Steel. C
Gas acetylene, chlorine, C
ammonia, synthetic
ammonia.
Acid, caustic soda, soda ash, C
lye, lime.
Gelatin, grease, tallow. C
Cement, gypsum, terra cotta. C
Kalsomine, lamp black, size, C
phenol, potash, pyroxylin
plastic.
Petroleum, petroleum C
cleaning compound, asphalt,
tar, coal tar, creosote.
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 8 of 35
ZONES
ML | MH
Organic peroxide. C
Fertilizer. C
Explosives — nitroglycerine, C
nitromethane, nitroethane,
cellulose nitrate, gunpowder,
blasting powder.
CalARP Requlated
Substances".
Hazardous Materials”. *** C C
Industrial Activities Involving
the Following Processes:
Sewing, weaving and knitting | X X
of textiles, dyeing of yarn and
fabrics.
Cleaning of fabrics, curtains, |X X
carpets.
Mattress renovation. X X
Wool pulling. C
Photo-finishing, film x X
developing and processing,
photoengraving, lithography,
block printing, silk screening,
printing, book binding.
Glass silvering, optical X X
grinding, fitting and
mounting; glass blowing (no
blast furnace).
Furniture redecorating and X X
restoration, antique
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 9 of 35
ZONES
ML | MH
restoration, cabinet making,
wood carving.
Plastic molding (including X X
hydraulic press).
Tire retreading and X X
recapping.
Raw rubber processing (in ML | L X
Zone, rubber is not to be
melted and, where a banbury
mixer is used, the resulting
dust is to be washed).
Rubber reclaiming. C
Metal plating and finishing (in | L X
ML Zone, no perchloric acid).
Metal engraving, metal X X
fabrication (no snap riveting)
metal spinning, tool
tempering, welding.
Foundry (no brass or bronze) | X X
— precision investment
casting, die casting.
Foundry (including brass or C
bronze) forging, drop forge,
drop hammer, boiler works,
smelter, blast furnace, coke
oven, scrap metal processing,
metal fabrication (including
snap riveting).
Vehicle dismantling or C
wrecking, junk and salvage
processing, subject to the
requirements of CMC 9148.1.
Aircraft power plant testing. X
Ore grinding and reduction. C
Paper shredding. C
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 10 of 35
ZONES
ML | MH
Grinding, dressing or cutting |X X
of stone, granite or marble;
sand washing.
Aggregate batch plant, C C
aggregate dryer, rock or
asphalt crushing, asphalt
plant, sandblasting. (In ML
Zone, only permitted on
property which also has an
ORL Zone designation, and
must be at least 1,000 feet, as
measured from lot line to lot
line, from any residential
zone, and any conditional use
permit shall be subject to
final approval or other action
by the City Council.)
Starch mixing and bottling, X X
paint spray booth, shellac
mixing (no cooking), paint or
enamel mixing (except
lacquer, synthetic enamel,
polyurethane).
Mixing of lacquers, synthetic | C C
enamel, polyurethane paint.
Shellac mixing (with cooking). C
Processing of coconut oil, C
cottonseed oil, linseed oil.
Oil canning and packaging (in | L X
ML Zone, not more than 100
barrels stored aboveground).
Petroleum refining, oil C
reclaiming, coal or coal tar
distillation.
Potash refining. C
Bone distillation, fat C
rendering, offal reduction,
curing or tanning of furs or
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 11 of 35
ZONES
ML | MH
hides, processing of animal
by-products.
Creosoting. C
Fertilizer works, manure C
Spreading and drying.
Use of organic peroxides,* C
nitromethane, nitroethane.
*Having a severity classification of 3 or
greater according to tests prescribed by the
Society of the Plastics Industry and
acceptable to the Los Angeles County Fire
Department.
Water treatment. X X
Any process involving use of
CalARP Requlated
Substances”.
Any process involving useof |C C
Hazardous Materials’. ***
Resource Extraction:
Borrow pit. C C
Oil fields, oil wells, subject to | C* | C*
the requirements of CMC
9500 — 9537, Oil and Gas
Code.
*Development agreement provisions apply as
specified in CMC 9502 and 9508.
Food Manufacturing and
Processing:
Ice, soft drinks, beer, wine, X X
malt products, dairy products, 01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 12 of 35
ZONES
MIL MH
candy, confections, pastries,
bread, oleomargarine, sodium
glutamate, honey, nuts and
similar food products (no lard,
pickles, sauerkraut, or
vinegar).
Lard, pickles, sauerkraut,
vinegar.
Box lunch preparation.
Fruits and vegetables —
packing, canning, processing
or extracting or bottling of
juices (must be at least 100
feet from any residential
zone, public school, public
park, hospital or long-term
health care facility).
Fish barbecuing or smoking
(oven less than 10 cubic feet,
no fish cleaning, retail sales
only).
Dressing of poultry or rabbits
(must be at least 100 feet
from any residential zone,
public school, public park,
hospital or long-term health
care facility).
Slaughtering of animals.
Meat, fish, dog or cat food —
packing, canning, processing.
Coffee roasting.
Cigars, cigarettes.
Chewing tobacco.
Service and Repair:
Linen, towel or uniform
supply.
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 13 of 35
ZONES
ML | MH
Assaying, gas heater testing, | X X
pest control, cesspool
cleaning service, plumbing
contractor, roofing
contractor, tree surgeon.
Carpenter shop, machine X X
shop, metal working shop,
sheet metal shop, tinsmith,
gunsmith (no weapons
manufacture involving use or
testing with explosive
materials), blacksmith,
lapidary shop, electrical
motor and appliance repair.
Boat repair, vehicle repair (no | L L
limit on size of vehicle),
equipment and machinery
repair, subject to the
limitations of CMC 9138.2 if
within 300 feet of other than
an industrial zone.
Laboratory — product testing, | X X
product research.
Laboratory — chemical, C C
biological, anatomical.
Equipment Sale and Rental:
Motor vehicles and heavy X X
equipment of all types and
sizes, contractor’s equipment,
agricultural equipment.
Auction:
Auction —indoor or outdoor |{C C
(no swap meet or flea
market).
Wholesale:
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 14 of 35
ZONES
ML MH
Wholesale activities of all
types (except livestock and
poultry).
Poultry (in ML Zone, all
activities within an enclosed
building).
Storage:
Cold storage plant.
Petroleum coke.
Pharmaceuticals — drugs,
medicines, vitamin tablets
(indoor).
[><
[><
Pharmaceuticals — drugs,
medicines, vitamin tablets
(outdoor).
IS
IS
Perfume, cosmetics,
shampoo, soap, toiletries,
and other personal care
products (indoor).
I5<
[><
Perfume, cosmetics,
shampoo, soap, toiletries,
and other personal care
products (outdoor).
IS
IS
Novelties, buttons, brushes,
toys, candles (indoor).
[><
[><
Novelties, buttons, brushes,
toys, candles (outdoor).
IS
IS
Ceramics, pottery, statuary
(indoor).
|><
[><
Ceramics, pottery, statuary
(outdoor).
IS
IS
Jewelry, watches, clocks,
optical goods, musical
instruments, scientific [>< [><
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 15 of 35
ZONES
ML | MH
instruments, electronic
instruments, phonographs,
phonograph records, radios,
television sets, electronic
parts, precision metal
products, wire, springs, tools,
sandpaper, emery cloth,
grinding wheels, printer’s
type (indoor).
IS
IS Jewelry, watches, clocks,
optical goods, musical
instruments, scientific
instruments, electronic
instruments, phonographs,
phonograph records, radios,
television sets, electronic
parts, precision metal
products, wire, springs, tools,
sandpaper, emery cloth,
grinding wheels, printer’s
type (outdoor).
[><
[>< Electric and gas fixtures,
electric appliances, electric
motors and generators,
batteries, siqns (electric,
neon, billboards, etc.)
(indoor).
Electric and gas fixtures,
electric appliances, electric
motors and generators,
batteries, signs (electric,
neon, billboards, etc.)
(outdoor).
Mattresses, bedsprings,
coffins, fences, sash and
doors, venetian blinds,
window shades (indoor).
IS
IS
[><
[><
IS
IS Mattresses, bedsprings,
coffins, fences, sash and 01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 16 of 35
ZONES
ML | MH
doors, venetian blinds,
window shades (outdoor).
[><
[>< Draperies, bedding, rugs,
automobile seat covers,
awnings, bags, rope, baskets
(indoor).
Draperies, bedding, rugs,
automobile seat covers,
awnings, bags, rope, baskets
(outdoor).
Ink, polish, putty, enamel
(indoor).
Ink, polish, putty, enamel
(outdoor).
Engines (no foundry)
(indoor).
Engines (no foundry)
(outdoor).
Automobiles, trailers, boats,
aircraft, heavy equipment
(indoor).
IS
IS
[><
[><
IS
IS
l><
[><
IS
IS
[><
[><
Automobiles, trailers, boats,
aircraft, heavy equipment
(outdoor).
Tile (indoor kiln).
IS
IS
[><
[><
Tile (outdoor kiln). IS
IS
[><
[>< Bone, horn, shells,
cellophane, casein (except
glue) (indoor).
o
IS Bone, horn, shells,
cellophane, casein (except
glue) (outdoor).
[><
[>< Wood, cork, clay, plastic
(indoor).
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 17 of 35
ZONES
ML | MH
IS
IS Wood, cork, clay, plastic
(outdoor).
Aluminum, sheet metal,
ornamental iron, steel
(indoor).
Aluminum, sheet metal,
ornamental iron, steel
(outdoor).
Rubber (natural or synthetic) | X
(indoor).
Rubber (natural or synthetic) | D
(outdoor).
Dextrin (indoor).
[><
[><
IS
IS
[><
IS
I><
[><
IS
IS Dextrin (outdoor).
Cloth, upholstery, felt,
canvas, fur, leather, hair,
feathers (indoor).
[><
|><
Cloth, upholstery, felt,
canvas, fur, leather, hair,
feathers (outdoor).
IS
IS
Wallboard, fiberglass, glass |X X
(indoor).
Wallboard, fiberglass, glass _ | D D
(outdoor).
Yarn, fabrics, curtains, X X
carpets, wool (indoor).
Yarn, fabrics, curtains, D D
carpets, wool (outdoor).
Photography-related X X
materials (indoor).
Photography-related D D
materials (outdoor).
Tires (indoor). X X
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 18 of 35
Tires (outdoor). D D
Stone, granite, marble
(indoor).
Stone, granite, marble
(outdoor).
Ice, soft drinks, beer, wine,
malt products, dairy
products, candy, confections,
pastries, bread,
oleomargarine, sodium
glutamate, honey, food
additives and preservatives,
nuts and similar food
products (indoor).
[><
[><
IS
IS
[><
[><
Ice, soft drinks, beer, wine,
malt products, dairy
products, candy, confections,
pastries, bread,
oleomargarine, sodium
glutamate, honey, food
additives and preservatives,
nuts and similar food
products (outdoor).
IS
IS
[>< Cigars, cigarettes (indoor).
Cigars, cigarettes (outdoor). IS
IS
[><
[>< Tints, paints, epoxies, resins,
sealants (indoor).
IS Tints, paints, epoxies, resins,
sealants (outdoor).
[><
[p< Paper, industrial use paper
(indoor).
Paper, industrial use paper
(outdoor).
Warehousing of furniture, X X
household goods, dry goods,
IS
|S
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 19 of 35
ZONES
ML | MH
clothing, textiles, durable
goods, no perishable foods.
Glass, lumber (no boxes or X X
crates), naval stores, plaster,
empty barrels, metal (no
scrap), machinery,
equipment.
Polyurethane foam. C C
Rock, sand, crushed
aggregate and gravel:
Not more than 2,000 tons. X X
More than 2,000 tons. (In ML | C X
Zone, only permitted on
property which also has an
ORL Zone designation and
must be at least 1,000 feet, as
measured from lot line to lot
line, from any residential
zone, and any conditional use
permit shall be subject to
approval or other action by
the City Council.)
Clay and clay products. X X
Cement silo, grain elevator. X
Petroleum and petroleum
products (If associated with
oil and gas production and
related facilities, refer to CMC
9500 — 9537, Oil and Gas
Code, for governing
requirements):
Not more than 2,500 barrels. |X X
More than 2,500 barrels. C
Cargo container (prohibited L
within 1,000 feet, as
measured from lot line to lot
line, of residentially zoned 01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 20 of 35
ZONES
ML | MH
property or institutional
uses).
Natural gas (If associated with
oil and gas production and
related facilities, refer to CMC
9500 — 9537, Oil and Gas
Code, for governing
requirements):
Belowground —any amount. |X X
Aboveground:
Not more than 500,000 cubic | X X
feet.
More than 500,000 cubic feet. | C
Oxygen, acetylene (subject to | X X
Fire Code requirements).
Agricultural chemicals (must | L L
be at least 100 feet from any
residential zone, public
school, public park, hospital
or long-term health care
facility).
Liquid petroleum gas (lf
associated with oil and gas
production and related
facilities, refer to CMC 9500 —
9537, Oil and Gas Code, for
governing requirements):
Not more than 30,000 X X
gallons.
More than 30,000 gallons C
Fuel yard (not covered X X
elsewhere, including
propane).
Aircraft fuel and lubricant. C
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 21 of 35
ZONES
ML | MH
Explosives — dynamite (over C
100 pounds), nitroglycerine,
nitromethane, nitroethane,
cellulose nitrate, gun powder,
blasting powder.
Creosote, creosoted poles. C
Fertilizer. C
Junk, salvage, metal scrap, C
rags, bottles, nonferrous
scrap (other than paper),
subject to the requirements
of CMC 9148.1.
Waste paper, subject to the C C
requirements of CMC 9148.1.
CalARP Requlated
Substances”,
Hazardous Materials”. *** IS
IS
Poison (Class A or Class B)* — C
pesticides, rodenticides,
insecticides, herbicides.
*Classification according to Los Angeles
County Fire Department. (R.M. Graziano’s
Tariff No. 25).
Organic peroxides** — (more C
than 50 pounds).
**Having a severity classification of 3 or
greater according to tests prescribed by the
Society of the Plastics Industry and
acceptable to the Los Angeles County Fire
Department.
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 22 of 35
ZONES
ML | MH
Motor vehicles (not including | X X
impounding yard).
Vehicle impounding yard, C
subject to the requirements
of CMC 9148.1.
Aircraft. X
Transportation,
Communications, Utilities
and Public Service:
Service yard — public utility or | X X
public service.
Jail farm, honor farm. C C
Aircraft beacons and X X
navigational aids — operating.
Blimp port, heliport, helistop. | C C
Railroad yard, repair shop, C
roundhouse.
Truck terminal, subject to the | C C
requirements of CMC 9148.9.
Truck yard, subject to the C
requirements of CMC 9148.9.
Transfer station for refuse, C
sewage treatment plant.
Access to other property X X
lawfully used for purposes
not permitted on subject
property.
Intermodal container transfer C
facility.
Education:
Trade school. X X
Recreation:
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 23 of 35
ZONES
ML | MH
Arcade (subject to the C C
requirements of CMC 9138.4).
Archery range. C C
Outdoor drive-in theater. C C
Range for pistol, rifle, skeet, C
or trap shooting; turkey
shoot.
Model airplane area (motor- C
driven or jet-propelled).
Fairgrounds, outdoor festival | C C
(permanent).
Race track — horse, C
automobile, motorcycle.
Zoo. C
Agriculture:
Earthworm farm (must be at | L L
least 100 feet from any
residential zone, public
school, public park, hospital
or long-term health care
facility).
Mushroom farm (must be at L
least 300 feet from any
residential zone, public
school, public park, hospital
or long-term health facility).
Egg candling. X X
Studios:
Motion picture studio or set — | X X
indoor or outdoor.
Cemetery:
Cemetery, mausoleum, C
columbarium, crematory.
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 24 of 35
ZONES
ML MH
Animal Services:
Horse stable, riding academy
— commercial or private (must
be at least 100 feet from any
residential zone, public
school, public park, hospital
or long-term health care
facility).
Animal shelter, pound,
kennel, training school.
Animal hospital, animal
research institute.
Pet cemetery.
Electronic message center
signs. (See CMC 9146.7.)
Outdoor Advertising:
Outdoor advertising sign,
including electronic digital
displays, subject to the
requirements of CMC 9146.7.
CC CC
Recycling Facilities:
Large collection recycling
facility. (Subject to CMC
9148.4.)
Processing facility for
recyclables, light. (Subject to
CMC 9148.5.)
Processing facility for
recyclables, heavy. (Subject to
CMC 9148.5.)
Wireless
Telecommunications
Facilities (see CMC 9138.16):
Minor wireless
telecommunications facilities,
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 25 of 35
ZONES
telecommunications facilities,
subject to the requirement of
CMC 9138.16.
ML | MH
subject to the requirement of
CMC 9138.16.
Major wireless C C
Uses Permitted in
Commercial Zones:
Any principal use permitted in
any commercial zone,
whether automatically (X),
with limitation (L), or by
conditional use permit (C), is
automatically permitted in
the industrial zones, subject
to the same requirements
specified for such use in the
commercial zones, except the
following:
Residential:
Mobile home park. Not permitted
Group quarters for members
of a religious order.
Not permitted
Community residential care
facility, boarding or rooming
house, fraternity or sorority
house, dormitory, residential
hotel or similar group
quarters, motel units with
kitchens.
Not permitted
than 30 occupants within the
City.
Emergency shelters, up to 30 |L L
occupants within the City.
Emergency shelters, more C C
Transitional housing,
supportive housing and Not permitted
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 26 of 35
ZONES
the Director determines there
is a reasonable prospect that
significant scientific, cultural,
or historical information will
be obtained from the site.
ML | MH
single-room occupancy (SRO)
housing.
Transportation related uses:
Shared parking facilities. C C
Health services:
Hospital, long-term health C
care facility, public health
center.
Ambulance service. C C
Public and quasi-public uses:
Archaeological dig, provided |D D
Education:
Elementary or secondary
school public or private.
Not permitted
Recreation:
Golf driving range, pitch-and-
putt course, golf course,
Subject to the limitations of
CMC 9138.3.
Arcade, subject to the
requirements of CMC 9138.4.
Retail services and offices:
Adult business. Not permitted
Convenience stores. C C
Payday loans. CUP CUP
Massage service. Not permitted
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 27 of 35
ZONES
ML | MH
Tattoo service. (New uses not | L Not
permitted. Existing uses prior permitted
to June 7, 2006, required a
CUP and are subject to CMC
9138.92.)
Alcoholic beverage sales and
services:
Alcoholic beverage sales in C C
conjunction with variety
store, drugstore, mini market,
drive-through market, food
store, or grocery store
excluding a supermarket,
take-out food, liquor store,
subject to requirements of
CMC 9138.5.
Alcoholic beverage sales and |C C
services in conjunction with
cocktail lounge, bar, arcade,
pool hall, billiards, card room,
bowling alley, indoor theater,
night club and eating
establishment other than a
bona fide restaurant, subject
to requirements of CMC
9138.5. |
Vehicles sales and service:
Automobile service station, C C
subject to the requirements
of CMC 9138.14.
Automobile/vehicle washing, | C C
subject to the requirements
of CMC 9138.14.
Automobile/vehicle service C C
and repair, subject to the
limitations of CMC 9138.14.
Auctions for used C C
automobiles, recreational
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 28 of 35
ZONES
ML | MH
vehicles, travel trailers, trucks
or trailers, not over 2-ton
Capacity, motorcycles or
motorscooters, subject to the
requirements of CMC
9138.21.
Temporary Uses:
Election campaign office ina |L L
trailer. (Not permitted earlier
than 90 days before the
election. To be removed
within 14 days after the
election.)
Office or other permitted L L
commercial use in a trailer or
other mobile unit. (Permitted
for a period not exceeding 6
months during construction
of a building on the same lot
while a building permit is in
effect. The Director may
approve reasonable time
extensions if he finds
construction is proceeding in
good faith.)
Storage of construction L L
materials and equipment at a
construction site without the
screening which would be
required for permanent
outdoor storage (only during
the period a building permit is
in effect).
Subdivision directional sign. LD |LD
(See CMC 9128.31 — 9128.35.)
Fireworks stand, fireworks CC |CC
storage. (See CMC 3101.0 —
3101.10.)
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 29 of 35
ZONES
ML | MH
Tent revival. (See Chapter 6 of |}CC | CC
Article III.)
Carnival, mechanical rides, CC |CC
pony rides, outdoor festival
and similar uses. (See CMC
63119 and 63119.1.)
Circus, rodeo. (See CMC CC |CC
63120; and Animal Control
Ordinance, CMC 3300 —
3301.)
Sidewalk, parking lot, and D D
tent sales. (See CMC 9148.7.)
Yard sales. (See CMC 4600—- {L L
4606.)
Uses Permitted in
Manufacturing Zones:
Auction house. C C
Indoor mini-mart. Not permitted
Commercial Cannabis (See DA | DA Chapter 15 of Article V1)
***Conditional use permits issued for these uses shall include a condition of approval imposed pursuant
to CMC 9172.21(E), requiring that the owner(s) and occupant(s) of the premises (and any successors-in-
interest): (i) file a certification with City stating under penalty of perjury (a) whether the use possesses
or may possess or use Hazardous Materials, (b) itemizing the specific types of Hazardous Materials that
will or may be possessed or used, specifying the quantities (both then-current and anticipated maximum
quantities) that will or may be possessed or used at any given time, both on an itemized basis and
cumulatively, and (c) reporting any outstanding violations of state Unified Program requlations and the
status of efforts or measures taken to correct same. If at any time any information specified in the
certification becomes outdated or is no longer accurate, the permittee must submit, within thirty (30)
days after learning that the information is no longer accurate, an addendum to the certification which
includes the corrected/updated information; and (ii) submit to City inspections of the permittee’s
premises at least once per year for compliance with the Carson Municipal Code and the permit
conditions and identification of any and all Hazardous Materials present at the location, including
reporting of such inspection to the Certified Unified Program Agency having jurisdiction in the City (the
Los Angeles County Fire Department, Health Hazardous Materials Division) when the inspector finds an y
suspected violations of State Unified Program requlations identified during the inspections.
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 30 of 35
ADesignation excludes and does not apply to any existing petroleum refining use that was lawfully
established as a permitted use.
“Hazardous Material,” as used in this section, means and refers to any hazardous material listed in
Section 25501(n) of the California Health & Safety Code, and as may be amended.
“CalARP Regulated Substances,” as used in this section, means and refers to the substances that
constitute “requlated substances” pursuant to the California Accidental Release Prevention (“CalARP”)
program, established and existing pursuant to Article 2 (Sections 25531 to 25543.3) of Chapter 6.95 of
Division 20 of the California Health & Safety Code and the requlations set forth in Chapter 4.5 of Division
2 of Title 19 of the California Code of Regulations, as such substances are defined in California Health &
Safety Code Section 25532 and listed in Table 3 of Section 2770.5 of Title 19 of the California Code of
Requlations (“Table 3”) and described and listed in Section 68.130 of Title 40 of the Code of Federal
Regulations pursuant to paragraph (3) of subsection (r) of Section 112 of the Clean Air Act (42 U.S.C.
Sec. 7412(r)(3)), and as may be amended,. Notwithstanding the foregoing, a flammable substance
listed in Section 2770.5, Table 2, of Chapter 4.5 of Division 2 of Title 19 of the California Code of
Regulations, is excluded from the definition of CalARP Requlated Substances when the substance is used
as a fuel or held for sale as a fuel at a retail facility.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and
shall be punishable as provided in Chapter 2 of Article I.”
B. Section 9182.46 (Nonconformity for Use or Storage of Regulated Substances) of Division
2 (Nonconformities) of Part 8 (Implementing Provisions) of Chapter 1 (Zoning) of Article IX (Planning and
Zoning) of the Carson Municipal Code is hereby added to read in its entirety as follows:
“9182.46 Nonconformity for Use or Storage of Regulated Substances
Any existing use that was lawfully established as a permitted use but which uses or stores
Hazardous Materials or CalARP Regulated Substances (as such terms are defined in CMC
9141.1) ina manner that is designated as a prohibited use by CMC 9141.1 as amended by
Ordinance No. 21-2120, is deemed nonconforming under this Division 2 if such an existing
use fails to apply for and obtain a Director approved permit under this CMC 9182.46
within sixty (60) days of the date Ordinance No. 21-2120 goes into effect (“Application
Deadline”). The Director-approved permit will allow such a use to continue to operate
and become exempt from the nonconforming use regulations of the City’s Zoning
Ordinance notwithstanding the regulations of CMC 9141.1 pertaining to CalARP
Regulated Substances and Hazardous Materials without starting the clock on the
applicable amortization period for the use to be terminated or made conforming,
effectively freezing the running of the amortization period while the Director-approved
permit is in effect. Put another way, the applicable amortization period for the use to be
terminated or made conforming shall commence on the date of the missed Application
Deadline. The Director-approved permit will be deemed effective as of the date of
submission of the completed application, as determined by the Director. However, failure
to timely submit a completed application will not preclude the existing use from later
applying for and obtaining the Director-approved permit to avail the existing use of the
exemption, provided a completed application is submitted before expiration of the
applicable amortization period. Also, if the Director-approved permit ever lapses and the 01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 31 of 35
permittee does not timely re-apply in conformance with this Section 9182.46, the
remaining amortization period will commence running from the date of the missed re-
application deadline. The applicable amortization period will freeze during all periods for
which a Director-approved permit is in effect, inclusive of any permits issued on an
aggregate basis pursuant to this Section. Applications for the Director permits must be
submitted on a Director-approved application form for approval, must be accompanied
by payment of an application fee in the amount determined by resolution of the City
Council, and will require applicants to do the following:
(A) file a certification with City, concurrently with application submission, under
penalty of perjury, (i) stating whether the applicant’s land use possesses or uses, or will
possess or use, Hazardous Materials or CalARP Regulated Substances, and for what
purpose, (ii) itemizing the specific types of Hazardous Materials or Cal[ARP Regulated
Substances that will or may be possessed or used, specifying the quantities (both then-
current quantities and anticipated maximum quantities) that will or may be possessed or
used at any given time, both on an itemized basis and cumulatively, and (iii) reporting any
outstanding violations of state Unified Program regulations and the status of efforts or
measures taken to correct same. If at any time any information specified in the
certification becomes outdated or is no longer accurate, applicant must submit, within
thirty (30) days after learning that the information is no longer accurate, an addendum to
the application which includes and certifies the corrected/updated information; and
(B) agree to allow a City inspector to (i) inspect the premises of the land use at
least once per year for compliance with the Carson Municipal Code, including this section
and the Director-approved permit (including the most recent certification on file with the
City for the use as of the date of the inspection), and (ii) submit reports of such inspection
to the Certified Unified Program Agency having jurisdiction in the City (the Los Angeles
County Fire Department, Health Hazardous Materials Division (CUPA)) when the inspector
finds any suspected violations of CalARP or other State Unified Program regulations
identified during the inspections.
The Director shall approve applications for Director-approved permits pursuant to this
CMC 9182.46 upon confirmation that they comply with CMC 9182.46 (A) and (B), but if
the applicant at any point fails or refuses to submit any required certification addendum
or to submit to any of the annual inspections or reports, the Director-approved permit
shall be deemed automatically lapsed without any City action or hearing needed,
provided only that the Director notifies the applicant of the lapse in permit. If the permit
lapses, the applicant may re-apply for the permit by no later than sixty (60) days of receipt
of the Director’s notice of lapse; however, the applicant or use shall be allowed to apply
or reapply for a Director-approved permit pursuant to this CMC 9182.46 a maximum of
three (3) times. Notwithstanding anything else, if at any time the information contained
in any application or addendum pursuant to this CMC 9182.46 is determined by the
Director to have been falsified or to be fraudulent, then upon notice from the Director,
the applicant shall be automatically and permanently ineligible to receive any Director-
approved permit pursuant to this section, and any already-issued Director-approved
permit pursuant to this CMC 9182.46 shall automatically be deemed null and void
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 32 of 35
effective retroactively as of the date of submission of the falsified or fraudulent
application or addendum.”
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after
its adoption.
SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and
shall cause the same to be posted and codified in the manner required by law.
[signatures on the following page]
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 33 of 35
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 17th day of May
2022.
APPROVED AS TO FORM:
La” / i if, is nth a << pipe cal, J. £0) Aa
- “oe iS? er “2 - oes Ye “ ; oN
Sunny K. Soltani, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
CITY OF CARSON:
SAS Han
—“tula Davis-Holmes, Mayor
ATTEST:
Cullore>
— Chiat Deputy
Cr clerk
SOK Dr. Khaleah K. Bradshaw, City Clerk
|, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that
the foregoing ordinance, being Ordinance No. 21-2120 passed first reading on the 3" day of May, 2022,
adopted by the Carson City Council at its meeting held on the 17" day of May, 2022, by the following roll
call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
RECUSED: COUNCIL MEMBERS:
01007.0018/703553.30
Davis-Holmes, Hilton, Dear, Hicks, Rojas
None
None
None
None
Cyllaré>
Cie Dept City Clerk
<O'" Dr. Khaleah K. Bradshaw, City Clerk
ORDINANCE NO. 21-2120
Page 34 of 35
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
|, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, do hereby certify that
Ordinance No. 21-2120 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in Our Weekly, newspaper of general circulation on
the following date:
fh » Adopted Ordinance: Niay 26 Jl 20272
( TAs In witness whereof, | have hereunto subscribed my name this \b day of OORT , 2022.
nice Dept
City Cler¥
Kourtney CublaS C
Dr. Khaleah K. Bradshaw, City Clerk
01007.0018/703553.30
ORDINANCE NO. 21-2120
Page 35 of 35