Buildings and Structures

Uses are permitted in the industrial zones as indicated in the following table:

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.

***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 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 If at any time any information specified in the certification becomes outdated or is no longer accurate, the permittee must submit, within thirty (30) days after learning that the information is no longer accurate, an addendum to the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 this 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 any suspected violations of State Unified Program regulations identified during the inspections.

^Designation 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 and Safety Code, and as may be amended.

“CalARP regulated substances,” as used in this section, 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 and 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 and 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. Section 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 regulated 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. (Ord. 79-479, § 8; Ord. 78-427; Ord. 80-532, § 4; Ord. 80-541, § 1; Ord. 82-621, § 4; Ord. 83-673U, § 5; Ord. 84-685, § 5; Ord. 86-732, § 1; Ord. 87-813, § 4; Ord. 87-819, §§ 3, 4; Ord. 87-822, § 1; Ord. 88-857, § 3; Ord. 89-888, § 3; Ord. 90-915, § 3; Ord. 91-932, §§ 1, 2; Ord. 92-982, § 1; Ord. 93-1001, § 3; Ord. 94-1035U, § 6; Ord. 94-1037, § 7; Ord. 96-1085, § 2; Ord. 96-1097, § 1; Ord. 01-1237, § 2; Ord. 03-1284, § 4; Ord. 04-1308, §§ 3, 4; Ord. 06-1349, § 5; Ord. 09-1419, § 6; Ord. 09-1434, § 2; Ord. 10-1455, § 2; Ord. 13-1525, §§ 3, 4; Ord. 16-1590, Exh. B (§ 9); Ord. 16-1602, § 7; Ord. 18-1825, § 2; Ord. 21-2120 § 3(A))

A. No use except as hereinafter provided shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the applicable provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official’s approval shall be submitted to the Council for final approval which will be in the discretion of the Council.

The following uses are exempt from the provisions of this Section:

1. Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.

2. Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including oil wells and storage tanks.

3. Paving of no more than twenty (20) percent of the site.

4. Repair or minor alterations to existing structures which do not increase floor area. (Ord. 78-449; Ord. 81-560, § 1; Ord. 82-586, § 1)

B. An application for a conditional use permit required by subsection A of this Section shall be considered in accordance with CMC 9172.21, except that the Commission’s decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC 9173.4.

C. Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:

1. Approval by the Building Official of the report provided for in subsection A of this Section.

2. The applicant shall comply with a development schedule approved by the Community Development Director.

3. All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.

4. Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant’s cost.

5. The mitigation measures required by subsection (C)(3) of this Section shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.

6. Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.

7. The applicant shall, at the applicant’s own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy. (Ord. 79-471; Ord. 81-560, § 1)

D. Whenever both subsection A and any other Section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B. The application and conditional use permit, if approved, shall refer to both Sections which are applicable.

E. Subsection A of this Section shall not apply to the following:

1. Any lawfully established existing use.

2. An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.

3. Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied. (Ord. 78-449; Ord. 79-471; Ord. 81-560, § 1)

Further definition and enumeration of uses permitted in the various residential zones shall be determined by means of Interpretation in accordance with CMC 9172.24.

All uses are prohibited except as expressly permitted by the provisions of this Chapter.

If not otherwise permitted as principal uses, the following uses are permitted as minor uses if related to and incidental to the indicated principal permitted use on the same site:

Amusement machines – not more than three (3) machines – only in connection with a cocktail lounge, bar, bona fide restaurant or theater.

Caretaker’s or superintendent’s residence – not more than one (1) dwelling unit per site; property cannot be less than one (1) acre; residence size cannot exceed one thousand two hundred (1,200) square feet; two (2) covered parking spaces required; conditional use permit must be approved by Planning Commission.

Cargo container storage involving full or empty cargo containers and minor maintenance and repair incidental to a truck terminal, rail yard or intermodal container transfer facility, subject to a conditional use permit. Cargo container storage that is incidental to an automatically permitted warehouse use 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 seventy-two (72) hours. All other cargo container storage, whether involving single or multiple cargo containers for any use, is prohibited as an accessory use.

Employee recreation area or facilities.

Employee cafeteria and eating facilities.

Medical clinic and infirmary.

Outdoor display, subject to the requirements of CMC 9146.29.

Outdoor storage, subject to the requirements of CMC 9146.29.

Similar uses as determined in accordance with the Interpretation procedure of CMC 9172.24. (Ord. 83-635; Ord. 83-635 repealed by election on 6/28/83; Ord. 83-637, § 6; Ord. 84-685, § 6; Ord. 87-822, § 2; Ord. 11-1479, § 15)

If not otherwise permitted as principal uses, all accessory uses specified in Division 2, Part 3 of this Chapter are permitted in the industrial zones, subject to the same requirements for such uses as are set forth in said Division 2, Part 3. (Ord. 87-919, § 5)

In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC 9172.21(d)(1), special criteria and limitations as indicated below shall be considered in acting upon a Conditional Use Permit in an industrial zone:

Possible hazards to the surrounding area as a result of the proposed use.

Possible hazards to the proposed use due to proximity or interaction with uses in the surrounding area.

Cumulative and interactive effects upon the environment and public safety resulting from the interrelation, magnitude and intensity of industrial activities in the area.

The provisions of this Division do not apply to the individual lots within planned developments wherein the owners or lessees of individual lots also hold an undivided interest in common areas within the same development, nor to a lease of less than four hundred (400) square feet of land.

No lot shall be created which has a net area less than twenty thousand (20,000) square feet.

Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot area.

A lot may be reduced to less than the required lot area if such reduction is the result of an acquisition for public purposes.

No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least one hundred (100) feet.

A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement. (Ord. 79-460, § 3)

No lot shall be created which has a width less than one hundred (100) feet.

Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required width.

A lot may be reduced to less than the required width if such reduction is the result of an acquisition for public purposes.

In the industrial zones, there is no height limit provided additional yard spaces are provided as required in CMC 9146.21 through 9146.29.

Yards and Open Spaces

This Section is applicable only where portions of a lot are within areas planned to be part of future streets, alleys or public rights-of-way, as determined by the Director.

In cases to which this Section is applicable, unless otherwise approved by the Commission, the portions of any lot within such future right-of-way areas shall not be occupied by structures other than those encroachments allowed in future right-of-way areas as provided in CMC 9146.29. All other required setbacks, yards and open spaces shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open spaces.

Each lot shall have a front yard with a required depth of twenty-five (25) feet or twenty-five (25) percent of the lot depth, whichever is less, except that a variable front yard in which all portions are at least ten (10) feet in depth and some portion is at least twenty (20) feet in depth is permitted if, to the satisfaction of the Director, all portions of the yard where the setback is twenty (20) feet or less are landscaped and mounded earthforms are included in the landscaping.

For any building (but not for an unoccupiable structure, whether detached or attached to a building) over fifty (50) feet in height, the required front yard setback shall be increased by one (1) foot for each two (2) feet of height above fifty (50) feet.

Any portion of a required front yard which is not utilized for parking shall be landscaped. A required front yard shall not be otherwise occupied except as provided in CMC 9146.29. (Ord. 19-1904, § 2)

Where the side of a lot abuts a street, there shall be a side yard with a width of at least ten (10) feet. For any building (but not for an unoccupiable structure whether detached or attached to a building) over fifty (50) feet in height, the required side yard setback shall be increased by one (1) foot for each two (2) feet of height above fifty (50) feet.

Where the side of a lot abuts a lot in a residential zone, there shall be a side yard with a width of at least ten (10) percent of the subject lot width, except that such side yard shall be at least five (5) feet and need not be greater than ten (10) feet in width. For any building (but not for an unoccupiable structure whether detached or attached to a building) over thirty (30) feet in height, the required side yard setback shall be increased by one (1) foot for each foot of height over thirty (30) feet.

Where the side of a lot abuts a lot in other than a residential zone and the height of the building is not over fifty (50) feet, no side yard is required. If any side yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building (but not for an unoccupiable structure whether detached or attached to a building) over fifty (50) feet in height, the required side yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above fifty (50) feet.

Required side yards shall not be occupied except as provided in CMC 9146.29.

Where the rear of a lot abuts a lot in a residential zone, there shall be a rear yard with a depth of at least ten (10) percent of the subject lot depth, except that such rear yard shall be at least five (5) feet and need not be greater than ten (10) feet. For any building (but not for an unoccupiable structure whether detached or attached to a building) over thirty (30) feet in height, the required rear yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.

Where the rear of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over fifty (50) feet, no rear yard is required. If any rear yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building (but not for an occupiable structure whether detached or attached to a building) over fifty (50) feet in height, the required rear yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above fifty (50) feet.

A required rear lot shall not be occupied except as provided in CMC 9146.29.

Buildings (but not including unoccupiable structures whether detached or attached to buildings) on the same lot either shall be abutting each other or there shall be a separation of at least three (3) feet. Where there is a separation and both buildings are more than fifty (50) feet in height, the required separation shall be increased by one (1) foot for each two (2) feet of height above fifty (50) feet on the lower building.

Every part of a required yard or open space shall be open and unobstructed from finished grade to the sky except for facilities and activities as follows:

A. Projections from buildings (such as eaves, awnings and shading devices; signs; architectural features; utility meters; conduits and pipes; unenclosed and unroofed stairways, landings, porches and balconies; chimneys; and mechanical equipment) may project into a required yard not more than one-half of the width of the required yard, except that only such projections permitted into a required front yard or a required side yard abutting a street shall be for eaves, awnings, shading devices, architectural features and signs. No projections are permitted into future right-of-way areas as determined under CMC 9146.22.

B. Free-standing mechanical equipment is not permitted in any required yard except those additional yard areas required because of building height.

C. Utility-owned facilities are permitted in any required yard if also located in an approved utility easement.

D. Signs are permitted in required yards other than in existing or future street rights-of-way if in accordance with the provisions of CMC 9146.7.

E. Swimming pools are permitted in required yards other than future right-of-way areas provided the pool is set back from the front lot line at least twenty-five (25) feet or twenty-five (25) percent of the lot depth, whichever is less, and is not less than five (5) feet from any other lot line.

F. Fences, walls, and hedges shall not be higher than eight (8) feet above finished grade in a future right-of-way, front yard, or in a side or rear yard which abuts a residential zone. In a required front yard or abutting future right-of-way area, any portion of a fence, wall or hedge above three and one-half (3-1/2) feet in height shall not impair vision by obscuring more than ten (10) percent of the area in the vertical plane unless approved by the Director pursuant to the procedures and requirements for Site Plan and Design Review contained in CMC 9172.23.

G. Landscaping (other than hedges) is permitted in any required yard or open space.

H. Outdoor display of goods. The following items may be displayed in any required yard area, but not in a required parking area:

Vehicles (automobiles, motorcycles, motorscooters, bicycles, recreational vehicles, trucks, mobile homes, or other vehicles).

Boats.

Agricultural produce.

Nursery stock.

Flowers and plants.

Christmas trees.

Similar items as determined in accordance with the Interpretation procedure of CMC 9172.24.

The following items may be displayed in yard areas other than a required front yard and any abutting future right-of-way area, but not in a required parking area:

Garden equipment and supplies.

Building materials.

Monuments, tombstones, statuary.

Similar items as determined in accordance with the Interpretation procedure of CMC 9172.24.

Items displayed must be in the form in which marketed (no raw materials or subassemblies).

I. Outdoor storage is permitted only in yards other than a required front yard and abutting future right-of-way area, but not in a required parking area.

Outdoor storage areas shall be screened from view from any adjoining public street or walkway.

J. Employee recreation and eating facilities (no buildings) are permitted in any yard other than a required front yard and adjacent future street right-of-way, but not in a required parking area.

K. Parking is permitted in required yards except the area within ten (10) feet of an existing or future street right-of-way. (See CMC 9162.52.)

L. Railroad spur tracks are permitted in any yard other than a required yard adjacent to a street (front or side) and any adjacent future street right-of-way.

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 of this Code. (Ord. 79-479, § 8; Ord. 90-905, § 1; Ord. 91-945, § 1)

Other Site Development Standards

A. Except as provided in Division 8 of this Part*:

1. A solid masonry wall shall be constructed along the inside of any lot line (or upon the lot line with the consent of the adjoining property owner) if the lot line abuts a residential zone or if the lot line abuts an alley that borders a residential zone. In areas other than the required front yard area and any abutting future right-of-way area, such wall shall be a minimum of six (6) feet and a maximum of eight (8) feet in height. In a required front yard area and any abutting future right-of-way area, such wall may not exceed three and one-half (3-1/2) feet in height, except fencing material of any type may extend above the three and one-half (3-1/2) foot solid masonry portion to a height not exceeding eight (8) feet, provided such extended portion does not impair vision by obscuring more than ten (10) percent of the area in the vertical plane.

2. No fence, wall or hedge in an industrial zone shall exceed a height of fifty (50) feet.

3. The height of fences, walls and hedges shall be measured from the finished grade at each point along the fence, wall or hedge. Where there is a difference between the grade on the two (2) sides of the fence, wall or hedge, the higher grade shall be used. (Ord. 90-905, § 2; Ord. 16-1590, Exh. B (§ 10))

*Division 8 applies only to vehicle dismantling yards, junk and salvage yards, vehicle impounding yards and retail petroleum outlets.

Trash and recycling areas shall be provided in accordance with Division 4 of Part 6 of this Chapter. (Ord. 93-1013, § 3)

Parking spaces and loading areas for each use and the areas required for access and truck maneuvering shall be provided in accordance with Division 2 of Part 6 of this Chapter.

A. Outdoor advertising signs are permitted, subject to the following:

1. The total sign face area on each I-405, I-110 or SR-91 Freeway Corridor sign structure or any pre-Ordinance No. 01-1237 sign structure shall not exceed eight hundred (800) square feet and digital displays can be installed on said sign face areas if approved within a development agreement, with appropriate conditions and public benefits to be negotiated with the City and complying with all other conditions imposed by this Chapter. The interval between the change of digital display shall be a minimum of eight (8) seconds. The total sign face area on any other new sign structure shall not exceed one hundred fifty (150) square feet and digital displays are not allowed on these other new sign structures.

2. The height of an I-405, I-110 or SR-91 Freeway Corridor sign structure or any pre-Ordinance No. 01-1237 sign structure shall either be the height of the current off-premises sign if said sign is being rebuilt or maintained on the same parcel of land or if the proposed off-premises sign is not replacing an existing off-premises sign on the same parcel of land, then said sign shall not exceed forty-two (42) feet measured from the higher of either the ground level at the base of the sign structure or the finished grade of the road which the sign is advertising thereto. The height of any other new sign structure shall not exceed twenty (20) feet measured from the ground level at the base of the sign structure.

3. A new sign structure shall be erected only on a property that abuts the Alameda Corridor or abuts either the I-405, I-110 or SR-91 Freeway Corridor. For purposes of this Section, the term “Alameda Corridor” means that portion of Alameda Street between Del Amo Boulevard and Lomita Boulevard. For purposes of this Section, the term “I-405 Freeway Corridor” means that portion of the I-405 Freeway that is on the north side of the I-405 Freeway and that is also between Del Amo Boulevard and Figueroa Street (“Del Amo Boulevard Portion”) and that portion of the I-405 Freeway that is between the west line of Alameda Street and a point that is two thousand one hundred (2,100) feet west of the west line of Alameda Street (“Alameda Street Portion”). The term “I-110 Freeway Corridor” means that portion of the I-110 Freeway that directly abuts the east side of the I-110 Freeway, is zoned Manufacturing Light (ML), and is located on MTA owned property between Sepulveda Boulevard and Lomita Boulevard. The term “SR-91 Freeway Corridor” means that portion of the SR-91 Freeway that directly abuts the north side of the SR-91 Freeway, is zoned Manufacturing Light (ML), and is located on APN 7319-033-064 property between Avalon Boulevard and Central Avenue.

4. The I-405, I-110 and SR-91 Freeway Corridor static outdoor advertising signs shall not be erected within five hundred (500) feet of any other outdoor advertising sign on the same side of the freeway and a digital display shall not be erected within one thousand (1,000) feet of any other digital display on the same side of either freeway, but in no case shall there be more than two (2) digital display faces allowed on the north side of the I-405 Freeway Corridor within the entire Alameda Street Portion, no more than two (2) digital display faces allowed on the south side of the I-405 Freeway Corridor within the entire Alameda Street Portion, no more than two (2) digital display faces allowed on the I-110 Freeway Corridor, and no more than two (2) digital display faces allowed on the SR-91 Freeway Corridor. Other than an I-405, I-110 or SR-91 Freeway Corridor sign structure which shall not have a sign face area of more than six hundred seventy-two (672) square feet with the exception of no more than one hundred twenty-eight (128) square feet in extensions, no new sign structure having a total sign face area of more than eighty (80) square feet but not exceeding one hundred fifty (150) square feet shall be erected within:

a. Two hundred (200) feet of an outdoor advertising sign structure having a total sign face area greater than eighty (80) square feet; or

b. One hundred (100) feet of any other outdoor advertising sign structure located on the same side of the public street or other right-of-way.

5. No new sign structures having a total sign face area of eighty (80) square feet or less shall be erected within one hundred (100) feet of any outdoor advertising sign structure located on the same side of the public street or other right-of-way.

6. Other than an I-405, I-110 or SR-91 Freeway Corridor sign structure, any such sign having a sign face visible from and within a distance of six hundred (600) feet of the edge of the right-of-way of a freeway or scenic highway measured horizontally along a line perpendicular to the centerline of such freeway or scenic highway shall not be permitted if placed or directed so as to be viewed primarily by persons traveling thereon.

7. Such sign shall not be permitted on the roof of a building, and a freestanding sign shall not be permitted to project over the roof of a building.

8. Such signs shall not encroach over public rights-of-way.

9. Any such sign structure shall not be permitted within two hundred (200) feet of a residential zone located on the same side of a public street or right-of-way.

10. Other than an I-405, I-110 or SR-91 Freeway Corridor sign structure or any pre-Ordinance No. 01-1237 sign structure, any such sign structure shall be designed in the simplest form and shall be free of any bracing, angle iron, guy wires, cables, etc.

11. All exposed backs of such signs, which are visible to the public, shall be suitably covered in order to conceal the structure and shall be properly maintained.

12. An approved development agreement shall be required for each new sign structure. The provisions of this subsection shall govern the processing of applications for a development agreement for an outdoor advertising sign. Unless an extension is agreed to in writing by the applicant, the City Council shall render its decision on an application for a development agreement for an outdoor advertising sign within three (3) months of the date of acceptance of the application. An application for a development agreement for an outdoor advertising sign shall be approved by the City Council if the proposed sign structure conforms to the requirements of this code and applicable laws.

B. Business signs are permitted, subject to the following:

1. All business signs and sign structures shall be permitted in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedures (including the number of signs and sign structures to be permitted) as provided in CMC 9172.23. All signs and sign structures shall also comply with the minimum requirements, as outlined in this Section of the Zoning Ordinance.

2. The total sign area per lot shall not exceed an area in square feet equal to two (2) times the linear feet of lot frontage on a public street or streets for the first one hundred (100) feet of frontage, plus one-half (1/2) times the frontage in excess of one hundred (100) feet. Window signage shall not exceed ten (10) percent of window area. Lot frontage on a freeway shall not be considered in computing this figure.

When the total frontage of a lot is less than the square root of the lot’s area, said frontage shall be deemed to be equal to the square root of the lot’s area for the purpose of determining the permitted sign area.

Any primary use which is developed commercially may be permitted to have a sign area equal to that permitted by CMC 9136.7(B)(2); provided, that a deed restriction is recorded in the offices of the County Recorder, restricting the use on the property to a commercial use, and proof of such recordation is submitted to the satisfaction of the Director.

3. Repealed by Ord. 16-1602.

4. A ground sign in excess of six (6) feet in height shall not be permitted. The distance between ground elevation and the bottom of a ground sign shall not exceed one (1) foot. Not more than one (1) ground sign shall be permitted on a lot. No ground sign shall be erected until written approval is obtained from the City Traffic Engineer. Such signs shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC 9172.23.

5. A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.

6. A sign shall not project into an existing or future right-of-way.

7. No “A” frame or “sandwich” sign or scintillating, flashing or revolving sign shall be permitted.

8. Electronic message center signs are permitted, subject to the following:

(a) Such sign shall be at least one hundred (100) feet from a residential zone.

(b) Such sign shall be at least five hundred (500) feet from any other electronic message center sign.

(c) Such sign shall be affixed to a pole and subject to the pole sign limitations of this Chapter.

(d) A conditional use permit (CUP) shall be required for all electronic message center signs in accordance with provisions set forth in CMC 9172.21. Approval shall not be granted if the Commission finds that the proposed sign would interfere with traffic signals, disrupt normal traffic flow or otherwise create a safety hazard.

C. Streamers, banners, pennants, and similar displays are permitted subject to the following:

1. Streamers, banners, pennants, and similar displays may be exhibited in connection with grand openings and other special events upon written approval of the Community Development Director. Requests for such displays shall be submitted to the Community Development Director, in writing, thirty (30) days prior to the event. All approvals shall be limited to no longer than sixty (60) consecutive days at any one (1) time with a minimum of thirty (30) days in between the next display period for a total of one hundred twenty (120) days of display per calendar year per business. An additional thirty (30) days of display is permitted; provided, that a new banner permit is issued and a fee is paid.

2. Any streamer, banner, pennant, or similar displays shall be suspended so as to maintain at least seven (7) foot clearance.

3. No streamer, banner, pennant, or similar displays shall be exhibited if, in the opinion of the Director, such displays are not adequately maintained.

4. Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25th, and during official public events, are not subject to this subsection.

5. Streamers, banners, pennants and similar displays may be attached directly upon the structure of a lawfully erected fireworks stand (see CMC 3101.0 through 3101.10) without necessity of a banner permit.

D. Real Estate Advertising. Real estate advertising signs are permitted, subject to the following:

1. One (1) unlighted sign structure is permitted per lot; except, on parcels larger than five (5) acres, one (1) such sign structure is permitted for each street frontage of the parcel.

2. A sign structure may have any number of sign faces but the total sign area shall not exceed one hundred (100) square feet per sign structure.

3. All portions of a sign structure shall be not less than ten (10) feet from the inside line of the sidewalk, or if there is no sidewalk from the lot line, except, if the building setback is less than ten (10) feet, the sign structure shall be not less than one-half (1/2) the setback from the inside line of the sidewalk or lot line.

4. A freestanding real estate advertising sign shall not exceed thirty (30) feet in height.

5. A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.

6. Advertising copy shall pertain only to the premises upon which the sign is located.

7. Any such signs shall be removed within two (2) weeks after the execution of a sales agreement, escrow instructions or lease agreement.

8. Off-site open house signs for residential properties may be placed on commercial properties with the permission of the commercial property’s owner, and consistent with the provisions of Section 9126.7(A)(8).

9. Violations.

a. Violations of this subsection (D) shall be subject to the following civil fines within a calendar year: (a) $50.00 for the first violation; (b) $75.00 for the second violation; and (c) $100.00 for the third and any subsequent violation.

b. Fines shall be payable within thirty (30) days of issuance. Late payment shall incur a late penalty equal to the amount of the fine. The failure of any person, within sixty (60) days of the date of issuance of a fine, to pay the fine and any applicable late penalty, may result in the matter being referred to the Director of Finance to file a claim with the small claims court. Alternatively, the City may pursue any other legal remedy to collect the civil fines. The City may also recover its collections costs according to proof.

c. Violations shall be recorded by realtor office address, rather than by individual property for sale; provided, that if the property is being sold by its owner, the violations shall be recorded against the property that is for sale.

d. The remedies provided in this Section are in addition to any other remedies and penalties that may be available under the Carson Municipal Code and the laws of the State of California.

E. Except as provided for violations of subsection (D) of this Section, 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. (Ord. 79-479, § 8; Ord. 79-473; Ord. 80-513, § 2; Ord. 80-531, § 1; Ord. 80-532, § 5; Ord. 88-856, § 2; Ord. 89-873, § 3; Ord. 90-915, § 4; Ord. 01-1225, § 5; Ord. 01-1237, § 3; Ord. 03-1272, § 2; Ord. 09-1434, § 3; Ord. 10-1455, § 3; Ord. 11-1475, §§ 3, 4; Ord. 12-1500, § 2; Ord. 15-1563, §§ 7, 8; Ord. 16-1590, Exh. B (§ 11); Ord. 16-1602, § 8; Ord. 17-1625, § 2; Ord. 20-2005, § 4)

*See CMC 9526 for different sign regulations applicable to petroleum operations.

All new utility lines, other than major transmission lines, shall be placed underground. This requirement may be waived by the Commission where topography, soil, undue financial hardship or other conditions make such underground installation unreasonable or impractical. Undergrounding shall be in accordance with the applicable rules and regulations of the utility, as currently on file with the California Public Utilities Commission.

All aboveground equipment (other than pole lines when permitted), such as transformers and pedestal terminals, which are visible from an adjacent public street or walkway, shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility’s service requirement.

In the case of a commercial or industrial use located on a corner lot, no public pedestrian entrance from a side street shall be located less than one hundred (100) feet from any residential zone.

Roof-mounted structures and equipment shall not extend more than ten (10) feet above the roof, measured from the point of attachment. If such roof projections are not incorporated in the building design as architectural features, they shall be screened from view from any adjoining public street or walkway.

Mechanical equipment not enclosed within a building shall be screened from view from any adjoining public street or walkway.

Within one hundred (100) feet of a residential zone, there shall be no opening in the wall of a nonresidential building where such wall faces a residential zone.

Within any D (Design Overlay) designated area, all development subsequent to the date of such designation shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC 9172.23. No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.

All lighting of buildings, landscaping, parking lots and similar facilities shall be directed away from all adjoining and nearby residential property. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment. This Section is also applicable to arc lights, search lights and similar lighting devices.

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 of this Code. (Ord. 79-479, § 8)

No use shall create a disturbance to the surrounding area in the form of vibration, noise, electromagnetic or other radiations, odor, dust, heat or glare. All uses shall comply with Federal, State and local laws and regulations pertaining to such environmental effects.

Within one hundred (100) feet of a residential zone, except where the residential zone is governed by a Specific Plan, all nonresidential activities shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily. (Ord. 79-479, § 8; Ord. 95-1064, § 1)

No vehicle dismantling yard, or junk and salvage yard, or vehicle impounding yard shall be established, maintained or extended in any zone unless it complies with the following requirements:

A. All operations and storage, including all equipment used in conducting such business, other than parking, shall be conducted within an enclosed building, or within an area enclosed by a solid fence. When two (2) or more vehicle dismantling yards, junk and salvage yards, and/or vehicle impounding yards have a common boundary line, a solid wall or solid fence shall not be required on such common boundary line; provided, however, that a solid wall or solid fence shall enclose the entire combined area devoted to such uses. (Ord. 80-532, § 6)

B. Where such fences or walls are provided, other than a decorative wall required pursuant to CMC 9162.52, they shall be developed as provided herein:

1. The fences and walls shall be of a uniform height in relation to the ground upon which they stand and shall be a minimum of eight (8) feet and shall not exceed fifteen (15) feet in height. Except in the yard areas where off-street parking is required or provided, said fences or walls shall be set back five (5) feet from the lot line along all frontages abutting a public street or walkway, or abutting a more restrictive zone. This five (5) foot setback area shall be landscaped in a neat, attractive manner and shall be equipped with an irrigation system, permanently and completely installed, which delivers water directly to all landscaped areas. Where off-street parking is required or provided, said wall or fence shall be constructed at the rear of the parking area.

Tall-growing trees shall be planted and maintained along side and rear fences or walls which abut an elevated freeway or residential area, in accordance with a planting plan approved by the Director.

2. All fences and walls open to view from any public street or walkway or any area in other than an industrial zone shall be constructed of solid masonry, except required fences may be constructed of other material comparable to the foregoing if approved by the Director and in accordance with standards established by resolution of the Council after recommendation by the Commission.

3. The fences and walls shall be constructed in workmanlike manner, shall be uniform in appearance and shall consist solely of new materials unless the Director approves the substitution of used materials, where, in his opinion, such used materials will provide the equivalent in service, appearance and useful life.

4. All gates in the fences or walls shall be of solid metal material and shall be no less than eight (8) feet in height and shall not exceed fifteen (15) feet in height. Such gates shall be kept closed when not in use and shall provide a pedestrian access opening unless other pedestrian access is provided.

C. The entire site shall be paved with an asphalt or concrete surfacing or an oil and aggregate mixture to prevent emulsion of dust or tracking of mud onto public rights-of-way. The site shall be graded to drain to the public street or other drainage provision satisfactory to the Director of Public Works. The Community Development Director shall enforce these dust control standards and may:

1. Approve other paving materials which provide, in his opinion, the equivalent in service and useful life.

2. Modify such requirements with respect to existing establishments in those areas where mate-rial is stored and he finds no dust or mud problems would result.

D. The following minimum required off-street parking spaces, and adequate access thereto, shall be maintained on the site:

1. One (1) off-street parking space (nine (9) feet by twenty (20) feet) for each seven thousand (7,000) square feet of site area or fraction thereof for the first two (2) acres, and two (2) off-street parking spaces for each acre thereafter, to be located outside the walls or fences required by subsection B of this Section and to be in compliance with CMC 9162.41 through 9162.7.

2. One (1) off-street loading area (fourteen (14) feet by forty (40) feet) for each acre of site area or fraction thereof, to be located within the walls or fences required by subsection B of this Section.

3. Regardless of the size of the site, a minimum of five (5) parking spaces plus one (1) loading area shall be provided.

The parking spaces required herein shall not be used for the parking of vehicles used directly in the conduct of such use or of renovated, repaired or reassembled vehicles which are owned, operated or in possession of the proprietor of the vehicle dismantling yard or junk and salvage yard.

All off-street parking shall be improved and paved with a surface of three (3) inch asphaltic concrete with concrete wheel stops installed. The interior landscaping, five (5) foot landscaped strip, permanent irrigation system, and decorative wall shall all comply with CMC 9162.52.

E. No wrecked or dismantled vehicles, salvage or junk shall be placed or allowed to remain outside the enclosed yard area.

F. No wrecked or dismantled vehicles, salvage or junk shall be stored at a height greater than that of the surrounding fence or wall.

G. The frontage along all dedicated public streets shall be improved with curbs, gutters and sidewalks.

H. The standards of development as set forth in this Section shall not relieve the proprietors of such establishments from complying with all applicable regulations, laws, and ordinances of the City of Carson, County of Los Angeles and the State of California.

I. The crushing, smashing, baling or reduction of metal where permitted by the provisions of this Chapter shall be subject to all of the conditions and required improvements set forth in this Section, and in addition, the maximum noise generated by such operation measured from any point on any adjacent property in a more restrictive zone, or along any street, shall be seventy (70) decibels as measured on the A-scale.

J. All vehicle dismantling yards, junk and salvage yards and vehicle impounding yards shall comply with the requirements set forth in this Section on or before April 1, 1970. (Ord. 78-429)

Repealed by Ord. 16-1590. (Ord. 95-1079, Exh. A.)

Reserved. (Ord. 79-479, § 8; Ord. 16-1602, § 9)

No large collection recycling facility shall be established, maintained or enlarged in any zone unless it complies with the following requirements:

A. Shall not be located within one hundred fifty (150) feet, as measured from lot line to lot line, of any residentially zoned property or institutional use (as specified in CMC 9162.21(b));

B. Shall be constructed with durable waterproof and rustproof material if not located within an enclosed building;

C. Shall conduct all collection operations within an enclosed building or within an area enclosed by a decorative reinforced concrete wall. Cargo containers, as defined in CMC 9191.067(A), shall not be used for storage;

D. Shall not occupy any portion of a front setback or any setback which abuts an existing or future public right-of-way;

E. Shall be designated on a site plan to be submitted and approved in accordance with CMC 9172.23;

F. Shall be landscaped to the satisfaction of the Community Development Director;

G. Shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis;

H. Shall accept only recyclable materials as defined in CMC 9191.508. If such facility has public access, the collection containers shall be clearly marked to identify the material that may be deposited;

I. Shall not operate with exterior noise levels in excess of 60 dBA as measured at the property line of adjacent noise sensitive land uses such as residential, schools, libraries, community care facilities, hospitals, churches, unsoundproofed offices, hotels, motels and outdoor recreation areas; for all other adjacent uses, exterior noise levels shall not exceed 70 dBA. A noise study extrapolating the exterior noise levels to be generated by the proposed use shall be submitted to and approved by the Community Development Director. Noise contours overlaid on a land use map showing the surrounding property shall accompany such a study;

J. Shall limit the hours of operation from 7:00 a.m. to 7:00 p.m. if the facility is located within five hundred (500) feet of property zoned for a residential use;

K. Shall obtain the approval of the Community Development Director for all power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for the efficient temporary storage and shipment of material, and shall comply with all conditions to mitigate noise and other adverse impacts;

L. Shall comply with sign requirements applicable to the zoning district. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director. (Ord. 87-819, § 6)

No processing facility for recyclables shall be established, maintained, or enlarged in any zone unless it complies with the following requirements:

A. Shall not be located within one hundred fifty (150) feet, as measured from lot line to lot line, of any residentially zoned property or institutional use (as specified in CMC 9162.21(B));

B. Shall conduct all operations, except for incidental storage, within an enclosed building or within an area enclosed by a decorative reinforced concrete wall, with mounded landscaping between the wall and the property line;

C. Shall comply with Section 25250.11 of the California Health and Safety Code if used motor oil is accepted for recycling;

D. Shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis;

E. Shall accept only recyclable materials as defined in CMC 9191.508. If such facility has public access, the collection containers shall be clearly marked to identify the material that may be deposited;

F. Shall not operate with exterior noise levels in excess of 60 dBA as measured at the property line of adjacent noise sensitive land uses such as residential, schools, libraries, community care facilities, hospitals, churches, unsoundproofed offices, hotels, motels and outdoor recreation areas; for all other adjacent uses, exterior noise levels shall not exceed 70 dBA. A noise study extrapolating the exterior noise levels to be generated by the proposed use shall be submitted to and approved by the Community Development Director. Noise contours overlaid on a land use map showing the surrounding property shall accompany such a study;

G. Shall limit the hours of operation from 7:00 a.m. to 7:00 p.m. if the facility is located within five hundred (500) feet of property occupied by noise-sensitive land uses as identified in this Section. The facility will be operated by on-site personnel during the hours the facility is open;

H. Shall not permit dust, fumes, smoke, vibration or odors above ambient levels to impact on neighboring properties;

I. Shall meet all noise level requirements of this Section for any power-driven processing. Light processing facilities for recyclables shall be limited to the baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separate recyclable materials and the repair of reusable materials;

J. Shall ensure that all collection facilities not within an enclosed building are constructed with durable waterproof and rustproof material;

K. Shall, if a light processing facility for recyclables, be no larger than forty-five thousand (45,000) square feet and have no more than an average of two (2) outbound truck shipments of material per day. A light processing facility for recyclables shall not shred, compact or bale ferrous metals, other than food and beverage containers. (Ord. 87-819, § 7)

A. Development Policy. The objectives of these regulations pertaining to cargo container storage facilities are as follows:

1. To provide for the safe and orderly storage of cargo containers in a manner that minimizes the noise, dust, traffic, blight and other adverse environmental impacts of such a use upon the surrounding area.

2. To ensure that the cargo container storage operation is conducted in a safe manner based upon such factors as the permitted height of such containers, the cargo within the containers, and methods of securing the containers so as to prevent shifting and toppling.

3. To ensure adequate screening of cargo containers from the public right-of-way.

4. To ensure that the site is sufficient in size to accommodate the safe storage of containers in accordance with this Section.

B. Site Development.

1. Setbacks.

a. All setbacks abutting a public right-of-way shall be a minimum of twenty-five (25) feet in depth.

b. All setbacks not abutting a public right-of-way shall be a minimum of fifteen (15) feet in depth.

c. No encroachments are permitted in any setback except that any existing legal, nonconforming encroachment may be permitted to remain, subject to the provisions of CMC 9172.23.

2. Landscaping and Irrigation.

a. Landscaping and irrigation plans shall be prepared and signed by a licensed landscape architect and approved by the Community Development Director prior to occupancy.

b. All landscaped areas shall be well maintained at all times and permanently irrigated with an electronic timer preset for early morning hours.

c. All required yards adjacent to, or visible from, a public right-of-way shall be landscaped utilizing any combination of the following:

(1) Drought resistant plants common to this region, including lawn grasses, flowers, ground covers, vines, shrubs in five (5) to fifteen (15) gallon sizes, and specimen trees;

(2) Decorative materials such as rock, bark, gravel, boulders, wood, brick, block, tile, stucco, ornamental iron, and chain link; or

(3) Artistic features, such as berms, earth mounds, planter beds, fencing, monuments, artwork, sculptures, and fountains.

3. Configuration of Cargo Containers.

a. Cargo containers shall not be stored within five (5) feet of any required screening wall nor within twenty (20) feet of any structure or building.

b. All cargo containers shall be arranged in parallel rows.

c. Except as to cargo containers stored within one thousand (1,000) feet of residentially zoned property or institutional uses, as to which the interim provisions relating to “Cargo Container Storage” contained in CMC 9182.22(A) are applicable during the “Allowable Life” provided for therein, cargo container storage shall comply with the following standards:

(1) The first row which is parallel or adjacent to any property line, or any required setback therefrom, may be stacked to a maximum of three (3) high.

(2) The second row which is parallel or in proximity to any property line, or any required setback therefrom, may be stacked to a maximum of three (3) high.

(3) The third and any subsequent row which is parallel or in proximity to any property line, or any required setback therefrom, may be stacked to a maximum of four (4) high; and

(4) The maximum stacking height on any site is four (4) containers.

d. Cargo container configuration site plan shall be submitted to the Community Development Department for review and approval prior to the commencement of operations. The site plan, as approved by the Director, shall be adhered to at all times.

4. General Requirements.

a. Vehicular parking, loading, and maneuvering areas shall be constructed and maintained in accordance with the provisions of CMC 9162.0.

b. Areas utilized for the storage of cargo containers shall be surfaced with materials approved by the Community Development Department which adequately prevent dust from becoming airborne and prevent the tracking of mud onto public rights-of-way. The site shall be graded to drain onto the street or shall otherwise be drained in a manner approved by the Director of Public Works.

c. The site shall, to the extent reasonably feasible, be located so as to provide for direct vehicular ingress from and egress to a designated route, as specified in CMC 3261, and to minimize or preclude ingress from and egress to restricted streets, as defined in CMC 3260. These requirements shall not apply to any site where cargo containers are received and transported by rail only.

d. All cargo container storage shall be screened from public rights-of-way. The screening shall be designed and scaled so that its mass and height is compatible with other existing or proposed improvements in the area, and the cargo containers are adequately concealed.

e. Nothing contained herein shall be deemed to authorize or permit the storage of cargo containers containing hazardous materials, substances or wastes which are capable of posing an unreasonable risk to health, safety or property, including, but not limited to, any radioactive material, poison, flammable gas, nonflammable gas, flammable liquid, oxidizer, flammable solid, corrosive material (liquid or solid), irritating materials, combustible liquids, explosives, blasting agents, etiologic agents, organic peroxides, hazardous wastes, and regulated materials of classes A, B, C, D and E, the definitions of which may from time to time be designated by the United States Department of Transportation under Title 49 (commencing with Section 1801) of the United States Code and Title 49 (commencing with Section 107) of the Code of Federal Regulations, and adopted by the Commissioner of the California Highway Patrol pursuant to Section 2402.7 of the Vehicle Code.

f. All habitable structures shall be placed on a permanent foundation, and a building permit shall be obtained.

5. Additional Requirements.

a. Cargo container storage facilities located within a redevelopment project area shall be subject to site plan and design review pursuant to CMC 9172.23.

b. In reviewing any application for a business license for compliance with this Code, or in reviewing and approving any site plan, the Community Development Director may impose such additional requirements as may be required to achieve the objectives in subsection (B)(5)(a) of this Section. (Ord. 88-842, § 1; Ord. 93-1026, § 1)

In connection with temporary sidewalk, parking lot, and tent sales, the following requirements shall be met:

A. Only nonprofit organizations and merchants with a permanent location may conduct such sales.

B. The applicant shall obtain written approval to conduct such sales from the property owner.

C. The event shall be conducted outside an enclosed building and shall not encroach upon public rights-of-way.

D. The applicant shall submit adequate plot plans depicting pedestrian and vehicular circulation, parking and fire lanes acceptable to the Planning Division.

E. In the case of a “Tent Sale,” County Fire Department approval must accompany the application.

F. Such sales shall be subject to prior approval of the Director. (Ord. 88-857, § 5; Ord. 89-888, § 2)

A. If any portion of property utilized for any truck-related use described in this subsection (A)(1) or (A)(2), is less than one hundred (100) feet from the lot line of any residentially zoned property, a conditional use permit shall be required.

(1) Truck parking, maneuvering, loading and off-loading operations, stacking or servicing.

(2) Placement or stacking of trailers or any other similar container for cargo, merchandise, products, materials, etc.

B. Approval of a conditional use permit required by this Section shall include development standards designed to mitigate existing and potential noise, dust, fumes, traffic and other adverse environmental impacts affecting neighboring residential areas. Examples of these development standards may include, but are not limited to, walls, fences, buffer zones, landscaping and other mitigating measures.

C. Notwithstanding subsections A and B of this Section, if, upon review by the Director, it is determined that a warehouse or manufacturing facility has less than three (3) loading zones, ramps, doors or docks; or has a minimum fifty (50) foot separation between truck-related uses and the residential property line; or that no mitigation measures can be imposed that will alleviate existing or potential problems caused by truck-related uses defined in this Section that affect residentially zoned properties, then the Director may waive the requirement for conditional use permit. Any property that has been constructed pursuant to an approved owner’s participation agreement with the City’s Redevelopment Agency or has an approved site plan and design review in accordance with CMC 9172.23, and whose present use is consistent with such owner’s participation agreement or site plan and design review, is not subject to the requirements of this Section. (Ord. 92-982, § 2)

A. Development Policy. The objectives of these regulations pertaining to truck terminal and truck yard facilities are as follows:

1. To be used in connection with conditional use permit and site plan approval.

2. To provide for the safe and orderly use of land for parking, servicing, repairing or storage of trucks in active use in a manner that minimizes adverse environmental impacts of such a use upon the surrounding area.

3. To ensure that truck terminal and truck yard uses include development standards designed to mitigate existing and potential noise, dust, fumes, traffic and other adverse environmental impacts affecting neighboring residential and commercial areas. Examples of these development standards may include, but are not limited to, walls, fences, buffer zones, landscaping and other mitigating measures.

4. To ensure that the truck terminal and truck yard operations are conducted in a safe manner based upon such factors as the adequate paving, striping of truck parking stalls, lighting, storage within the yard and cargo within the trucks.

5. To ensure adequate screening of truck terminal and truck yard facilities from the public right-of-way.

6. To ensure that the site is sufficient in size to accommodate truck terminal and truck yard uses in accordance with this Section.

B. Site Development.

1. Setbacks.

a. All setbacks abutting a public right-of-way shall be a minimum of twenty-five (25) feet in depth.

b. No encroachments are permitted in any setback except that any existing legal, nonconforming encroachment may be permitted to remain, subject to the provisions of CMC 9172.23.

2. Landscaping and Irrigation.

a. Landscaping and irrigation plans shall be prepared and signed by a licensed landscape architect and approved by the Development Services Group Planning Division prior to occupancy.

b. All landscaped areas shall be well maintained at all times and permanently irrigated with an electronic timer preset for early morning hours.

c. All required yards adjacent to, or visible from, a public right-of-way shall be landscaped utilizing any combination of the following:

(1) Drought resistant plants common to this region, including lawn grasses, flowers, ground covers, vines, shrubs in five (5) to fifteen (15) gallon sizes, and minimum twenty-four (24) inch box specimen trees, of sufficient bulk to provide screening;

(2) Decorative materials such as rock, bark, gravel, boulders, wood, brick, block, tile, stucco, ornamental iron; or

(3) Artistic features, such as berms, earth mounds, planter beds, fencing, monuments, artwork, sculptures, and fountains.

3. Fencing.

a. Fencing materials shall consist of decorative masonry walls, such as splitface, stucco block or slumpstone, and shall be approved by the Development Services Group Planning Division.

b. Decorative wrought iron gates with opaque screening shall be installed at all access points visible from the public right-of-way.

c. Fence height shall comply with CMC 9146.3.

d. Chainlink fencing and barbed or concertina wire shall be prohibited where visible from public right-of-way.

4. Configuration of Truck Parking and Storage.

a. Trucks and permitted storage shall not be stored within five (5) feet of any required screening wall.

b. Truck parking and permitted storage shall be arranged in parallel rows and shall be stripped per CMC 9162.66.

c. A site plan in connection with a Conditional Use Permit application shall be submitted to the Development Services Group Planning Division.

5. General Requirements.

a. Vehicular parking, loading, and maneuvering areas shall be constructed and maintained in accordance with the provisions of CMC 9162.0.

b. Areas utilized for the parking of truck and permitted storage shall be surfaced with materials approved by the Development Services Group Planning Division which adequately prevent dust from becoming airborne and prevent the tracking of mud onto public rights-of-way. The site shall be graded to drain in accordance with the City’s Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance and in a manner approved by the City Engineer.

c. The site shall, to the extent reasonably feasible, be located so as to provide for direct vehicular ingress from and egress to a designated route, as specified in CMC 3261 (Oversize Vehicles), and to minimize or preclude ingress from and egress to restricted streets, as defined in CMC 3260 (Truck Routes).

d. Nothing contained herein shall be deemed to authorize or permit the storage of hazardous materials, substances or wastes which are capable of posing an unreasonable risk to health, safety or property, including, but not limited to, any radioactive material, poison, flammable gas, nonflammable gas, flammable liquid, oxidizer, flammable solid, corrosive material (liquid or solid), irritating materials, combustible liquids, explosives, blasting agents, etiologic agents, organic peroxides, hazardous wastes, and regulated materials of classes A, B, C, D and E, the definitions of which may from time to time be designated by the United States Department of Transportation under Title 49 (commencing with Section 1801) of the United States Code and Title 49 (commencing with Section 107) of the Code of Federal Regulations, and adopted by the Commissioner of the California Highway Patrol pursuant to Section 2402.7 of the California Vehicle Code.

e. All habitable structures shall be placed on a permanent foundation, and a building permit shall be obtained. (Ord. 04-1308, § 5)

A. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use in the “ML” (Manufacturing Light) zone and “MH” (Manufacturing Heavy) zone; provided, that all of the requirements and development standards set forth below are satisfied. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit.

B. Location Requirements. Emergency shelters shall meet the following location requirements:

1. Emergency shelters serving single adults or families shall be situated a minimum of three hundred (300) feet from another emergency shelter and one thousand (1,000) feet from a residential area, public park, public or private school (not including trade or technology school), universities, colleges, student housing, senior housing, child care facility, and business licensed for on- or off-site sales of alcoholic beverages to the public as measured from property line to property line.

2. Emergency shelters shall be located within one-quarter (1/4) mile of a designated public transportation stop.

C. Development Standards. Emergency shelters shall meet the following development standards:

1. Hours of Operation. The facility shall operate on a first-come, first-serve basis with clients only permitted on site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

2. Waiting Area. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed with a minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

3. Shelter Management Plan. A shelter management plan shall be submitted as a part of the permit application, which addresses all of the following:

a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the City prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project.

b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code Section 290.

c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment.

d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Carson.

e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one hundred twenty (120) days in a three hundred sixty-five (365) day period.

f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.

g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the City.

h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24) hour period.

i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, City staff, or the general public.

j. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Readmittance policies for clients who have previously been expelled from the facility shall also be established.

k. Alcohol and illegal drug use is prohibited on site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs.

l. The establishment shall implement other conditions and/or measures as determined by the City, in consultation with other City/County agencies, necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

m. Other requirements as deemed necessary by the City to ensure that the facility does not create an adverse impact to surrounding properties.

n. On a monthly basis, provide an updated list of emergency shelter residents to the Sheriff’s Department.

o. All graffiti on the premises shall be removed by the business operator within twenty-four (24) hours.

p. Installation of anti-loitering signs.

4. Client Restrictions. The emergency shelter operator shall not intake any person as a client if that person is wanted by the police or has a record of committing violent offenses. The emergency shelter operator shall also conduct a background check on all prospective clients using Megan’s Law database and restrict client intake in accordance with State and local registered sex offender residency restrictions.

5. Maximum Number of Beds. No more than a total of forty-five (45) beds shall be provided on the entire property where the emergency shelter is located. Beds shall be provided for men and women in separate and secured areas.

6. No Alcohol, Drugs or Weapons Allowed. At no time shall any client be allowed to keep on site any alcoholic beverages, drugs or weapons of any kind. The manager of the emergency shelter shall conduct routine inspections of each client’s personal space to verify compliance and report to the Los Angeles County Sheriff’s Office any client that is found in possession of illegal substances, drugs, and/or weapons of any kind.

7. Personal Space. A minimum of thirty (30) square feet shall be allocated for each client bed.

8. Restroom and Shower Facilities. Separate and secured restrooms and shower facilities shall be provided for men and women with at least two (2) toilets, one (1) shower and one (1) sink provided for every twenty (20) clients in accordance with Building Code requirements.

9. Common Space. Interior and/or exterior common space for the on-site clients to congregate shall be provided on the property at a ratio of not less than fifteen (15) square feet per occupant or a minimum overall area of four hundred (400) square feet, whichever is greater. Any outdoor storage, including, but not limited to, items brought on site by clients for overnight stays, shall be screened from public view by a minimum six (6) foot tall decorative wall or fence. Shopping carts are not permitted on site.

10. Food Service Areas. The emergency shelter operator shall be responsible for compliance with all applicable Los Angeles County Health Department regulations in providing food service to its clients.

11. Parking. Off-street parking shall be provided at a ratio of one (1) on-site parking space for every eight (8) adult beds, plus one (1) additional space designated for the on-site manager. No client shall sleep or live within a motor vehicle on the property of an emergency shelter at any time.

12. Bicycle Racks. Bicycle racks that allow for the secure storage of bicycles shall be provided. Bicycle racks shall accommodate at least one (1) bicycle storage space for every eight (8) adult beds. All bicycle racks are required to be located in an area that is not visible from the public right-of-way.

13. Lighting. Each emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property for safety. Lighting shall be shielded and/or reflected away from all residential areas and public streets.

14. Security. The emergency shelter shall be required to submit an on-site securing plan for review and approval by the Los Angeles County Sheriff’s Office. The emergency shelter operator shall ensure that the approved security plan is implemented at the emergency shelter at all times.

15. Health and Safety. Each emergency shelter shall comply with all applicable local and State health and safety codes such as the California Building Code, California Fire Code, California Health and Safety Code and applicable zoning standards for the development and use of the property on which the emergency shelter is located. (Ord. 13-1525, § 7)