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.
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.)
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:*
Pharmaceuticals – drugs, medicines, vitamin tablets.
X
X
Perfume, cosmetics, toiletries (except soap).
X
X
Soap, bleaching powder, glue.
C
Novelties, buttons, brushes, toys, candles.
X
X
Ceramics, pottery, statuary.
X
X
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.
X
X
Electric and gas fixtures, electric appliances, electric motors and generators, batteries (including rebuilding), signs (electric, neon, billboards, etc.).
X
X
Furniture, bedsprings, boxes, coffins, fences, sash and doors, venetian blinds, window shades.
X
X
Clothing, dry goods, draperies, bedding, rugs, upholstery, automobile seat covers, awnings, bags, rope, baskets.
X
X
Chamois.
C
Ink, polish, putty, enamel (except lacquer, synthetic enamel, polyurethane), ethylene glycol.
X
X
Lacquer, synthetic enamel, polyurethane.
C
C
Engines (no foundry).
X
X
Engines (with foundry).
C
C
Automobiles, trailers, boats, aircraft, heavy equipment.
X
Tile (indoor kiln).
X
X
Concrete block, brick, tile (outdoor kiln).
C
Poisons (Class A and Class B)* – pesticides, rodenticides, insecticides, herbicides.
C
Explosives – fireworks, dynamite, ammunition, weapons involving use or testing with explosive materials.
C
CalARP regulated substances.^
Hazardous materials.^***
C
C
Manufacturing of Products from the Following Materials:
Textiles, wool, yarn, fur, felt, canvas, leather, hair, feathers, paper, cloth.
X
X
Bone, horn, shells, cellophane, casein (except glue).
X
X
Wood, cork, fiberglass, clay, glass (no blast furnace), plastic (no pyroxylin).
X
X
Hydrocyanic acid, tar, coal tar, pyroxyline plastic, guncotton.
C
Aluminum, sheet metal, ornamental iron, steel.
X
X
Rubber (in ML Zone, rubber is not to be melted and, where a banbury mixer is used, the resulting dust is to be washed).
L
X
Petroleum.
C
Any CalARP regulated substance.^
Any hazardous material.^***
C
C
Manufacturing of the Following Materials:
Dextrin.
X
X
Cloth, textiles, upholstery, felt, canvas.
X
X
Wallboard, fiberglass, glass (no blast furnace).
X
X
Glass (with blast furnace).
C
Polyurethane foam.
C
C
Cellophane, celluloid, cellulose.
C
Steel.
C
Gas acetylene, chlorine, ammonia, synthetic ammonia.
C
Acid, caustic soda, soda ash, lye, lime.
C
Gelatin, grease, tallow.
C
Cement, gypsum, terra cotta.
C
Kalsomine, lamp black, size, phenol, potash, pyroxylin plastic.
C
Petroleum, petroleum cleaning compound, asphalt, tar, coal tar, creosote.
C
Organic peroxide.
C
Fertilizer.
C
Explosives – nitroglycerine, nitromethane, nitroethane, cellulose nitrate, gunpowder, blasting powder.
C
CalARP regulated substances.^
Hazardous material.^***
C
C
Industrial Activities Involving the Following Processes:
Sewing, weaving and knitting of textiles, dyeing of yarn and fabrics.
X
X
Cleaning of fabrics, curtains, carpets.
X
X
Mattress renovation.
X
X
Wool pulling.
C
Photo-finishing, film developing and processing, photoengraving, lithography, block printing, silk screening, printing, book binding.
X
X
Glass silvering, optical grinding, fitting and mounting; glass blowing (no blast furnace).
X
X
Furniture redecorating and restoration, antique restoration, cabinet making, wood carving.
X
X
Plastic molding (including hydraulic press).
X
X
Tire retreading and recapping.
X
X
Raw rubber processing (in ML Zone, rubber is not to be melted and, where a banbury mixer is used, the resulting dust is to be washed).
L
X
Rubber reclaiming.
C
Metal plating and finishing (in ML Zone, no perchloric acid).
L
X
Metal engraving, metal fabrication (no snap riveting), metal spinning, tool tempering, welding.
X
X
Foundry (no brass or bronze) – precision investment casting, die casting.
X
X
Foundry (including brass or bronze) forging, drop forge, drop hammer, boiler works, smelter, blast furnace, coke oven, scrap metal processing, metal fabrication (including snap riveting).
C
Vehicle dismantling or wrecking, junk and salvage processing, subject to the requirements of CMC § 9148.1.
C
Aircraft power plant testing.
X
Ore grinding and reduction.
C
Paper shredding.
C
Grinding, dressing or cutting of stone, granite or marble; sand washing.
X
X
Aggregate batch plant, 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.)
C
C
Starch mixing and bottling, paint spray booth, shellac mixing (no cooking), paint or enamel mixing (except lacquer, synthetic enamel, polyurethane).
X
X
Mixing of lacquers, synthetic enamel, polyurethane paint.
C
C
Shellac mixing (with cooking).
C
Processing of coconut oil, cottonseed oil, linseed oil.
C
Oil canning and packaging (in ML Zone, not more than 100 barrels stored aboveground).
L
X
Petroleum refining, oil reclaiming, coal or coal tar distillation.
C
Potash refining.
C
Bone distillation, fat rendering, offal reduction, curing or tanning of furs or hides, processing of animal by-products.
C
Creosoting.
C
Fertilizer works, manure spreading and drying.
C
Use of organic peroxides,* nitromethane, nitroethane.
C
Water treatment.
X
X
Any process involving use of CalARP regulated substances.^
Any process involving use of hazardous materials.^***
C
C
Resource Extraction:
Borrow pit.
C
C
Oil fields, oil wells, subject to the requirements of CMC § 9500 – 9537, Oil and Gas Code.
C*
C*
Food Manufacturing and Processing:
Ice, soft drinks, beer, wine, malt products, dairy products, candy, confections, pastries, bread, oleomargarine, sodium glutamate, honey, nuts and similar food products (no lard, pickles, sauerkraut, or vinegar).
X
X
Lard, pickles, sauerkraut, vinegar.
C
Box lunch preparation.
X
X
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).
L
L
Fish barbecuing or smoking (oven less than 10 cubic feet, no fish cleaning, retail sales only).
L
L
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).
L
Slaughtering of animals.
C
Meat, fish, dog or cat food – packing, canning, processing.
C
Coffee roasting.
C
Cigars, cigarettes.
X
X
Chewing tobacco.
C
Service and Repair:
Linen, towel or uniform supply.
X
X
Assaying, gas heater testing, pest control, cesspool cleaning service, plumbing contractor, roofing contractor, tree surgeon.
X
X
Carpenter shop, machine 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.
X
X
Boat repair, vehicle repair (no 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.
L
L
Laboratory – product testing, product research.
X
X
Laboratory – chemical, biological, anatomical.
C
C
Equipment Sale and Rental:
Motor vehicles and heavy equipment of all types and sizes, contractor's equipment, agricultural equipment.
X
X
Auction:
Auction – indoor or outdoor (no swap meet or flea market).
C
C
Wholesale:
Wholesale activities of all types (except livestock and poultry).
X
X
Poultry (in ML Zone, all activities within an enclosed building).
L
X
Storage:
Cold storage plant.
X
X
Petroleum coke.
C
Pharmaceuticals – drugs, medicines, vitamin tablets (indoor).
X
X
Pharmaceuticals – drugs, medicines, vitamin tablets (outdoor).
D
D
Perfume, cosmetics, shampoo, soap, toiletries, and other personal care products (indoor).
X
X
Perfume, cosmetics, shampoo, soap, toiletries, and other personal care products (outdoor).
D
D
Novelties, buttons, brushes, toys, candles (indoor).
X
X
Novelties, buttons, brushes, toys, candles (outdoor).
D
D
Ceramics, pottery, statuary (indoor).
X
X
Ceramics, pottery, statuary (outdoor).
D
D
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 (indoor).
X
X
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).
D
D
Electric and gas fixtures, electric appliances, electric motors and generators, batteries, signs (electric, neon, billboards, etc.) (indoor).
X
X
Electric and gas fixtures, electric appliances, electric motors and generators, batteries, signs (electric, neon, billboards, etc.) (outdoor).
D
D
Mattresses, bedsprings, coffins, fences, sash and doors, venetian blinds, window shades (indoor).
X
X
Mattresses, bedsprings, coffins, fences, sash and doors, venetian blinds, window shades (outdoor).
D
D
Draperies, bedding, rugs, automobile seat covers, awnings, bags, rope, baskets (indoor).
X
X
Draperies, bedding, rugs, automobile seat covers, awnings, bags, rope, baskets (outdoor).
D
D
Ink, polish, putty, enamel (indoor).
X
X
Ink, polish, putty, enamel (outdoor).
D
D
Engines (no foundry) (indoor).
X
X
Engines (no foundry) (outdoor).
D
D
Automobiles, trailers, boats, aircraft, heavy equipment (indoor).
X
X
Automobiles, trailers, boats, aircraft, heavy equipment (outdoor).
D
D
Tile (indoor kiln).
X
X
Tile (outdoor kiln).
D
D
Bone, horn, shells, cellophane, casein (except glue) (indoor).
X
X
Bone, horn, shells, cellophane, casein (except glue) (outdoor).
D
D
Wood, cork, clay, plastic (indoor).
X
X
Wood, cork, clay, plastic (outdoor).
D
D
Aluminum, sheet metal, ornamental iron, steel (indoor).
X
X
Aluminum, sheet metal, ornamental iron, steel (outdoor).
D
D
Rubber (natural or synthetic) (indoor).
X
X
Rubber (natural or synthetic) (outdoor).
D
D
Dextrin (indoor).
X
X
Dextrin (outdoor).
D
D
Cloth, upholstery, felt, canvas, fur, leather, hair, feathers (indoor).
X
X
Cloth, upholstery, felt, canvas, fur, leather, hair, feathers (outdoor).
D
D
Wallboard, fiberglass, glass (indoor).
X
X
Wallboard, fiberglass, glass (outdoor).
D
D
Yarn, fabrics, curtains, carpets, wool (indoor).
X
X
Yarn, fabrics, curtains, carpets, wool (outdoor).
D
D
Photography-related materials (indoor).
X
X
Photography-related materials (outdoor).
D
D
Tires (indoor).
X
X
Tires (outdoor).
D
D
Stone, granite, marble (indoor).
X
X
Stone, granite, marble (outdoor).
D
D
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).
X
X
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).
D
D
Cigars, cigarettes (indoor).
X
X
Cigars, cigarettes (outdoor).
D
D
Tints, paints, epoxies, resins, sealants (indoor).
X
X
Tints, paints, epoxies, resins, sealants (outdoor).
D
D
Paper, industrial use paper (indoor).
X
X
Paper, industrial use paper (outdoor).
D
D
Warehousing of furniture, household goods, dry goods, clothing, textiles, durable goods, no perishable foods.
X
X
Glass, lumber (no boxes or crates), naval stores, plaster, empty barrels, metal (no scrap), machinery, equipment.
X
X
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 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.)
C
X
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 within 1,000 feet, as measured from lot line to lot line, of residentially zoned property or institutional uses).
L
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 feet.
X
X
More than 500,000 cubic feet.
C
Oxygen, acetylene (subject to Fire Code requirements).
X
X
Agricultural chemicals (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility).
L
L
Liquid petroleum gas (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 30,000 gallons.
X
X
More than 30,000 gallons
C
Fuel yard (not covered elsewhere, including propane).
X
X
Aircraft fuel and lubricant.
C
Explosives – dynamite (over 100 pounds), nitroglycerine, nitromethane, nitroethane, cellulose nitrate, gun powder, blasting powder.
C
Creosote, creosoted poles.
C
Fertilizer.
C
Junk, salvage, metal scrap, rags, bottles, nonferrous scrap (other than paper), subject to the requirements of CMC § 9148.1.
C
Waste paper, subject to the requirements of CMC § 9148.1.
C
C
CalARP regulated substances.^
Hazardous materials.^***
C
C
Poison (Class A or Class B)* – pesticides, rodenticides, insecticides, herbicides.
C
Organic peroxides** – (more than 50 pounds).
C
Motor vehicles (not including impounding yard).
X
X
Vehicle impounding yard, subject to the requirements of CMC § 9148.1.
C
Aircraft.
X
Transportation, Communications, Utilities and Public Service:
Service yard – public utility or public service.
X
X
Jail farm, honor farm.
C
C
Aircraft beacons and navigational aids – operating.
X
X
Blimp port, heliport, helistop.
C
C
Railroad yard, repair shop, roundhouse.
C
Truck terminal, subject to the requirements of CMC § 9148.9.
C
C
Truck yard, subject to the requirements of CMC § 9148.9.
C
Transfer station for refuse, sewage treatment plant.
C
Access to other property lawfully used for purposes not permitted on subject property.
X
X
Intermodal container transfer facility.
C
Education:
Trade school.
X
X
Recreation:
Arcade (subject to the requirements of CMC § 9138.4).
C
C
Archery range.
C
C
Outdoor drive-in theater.
C
C
Range for pistol, rifle, skeet, or trap shooting; turkey shoot.
C
Model airplane area (motor-driven or jet-propelled).
C
Fairgrounds, outdoor festival (permanent).
C
C
Race track – horse, automobile, motorcycle.
C
Zoo.
C
Agriculture:
Earthworm farm (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility).
L
L
Mushroom farm (must be at least 300 feet from any residential zone, public school, public park, hospital or long-term health facility).
L
Egg candling.
X
X
Studios:
Motion picture studio or set – indoor or outdoor.
X
X
Cemetery:
Cemetery, mausoleum, columbarium, crematory.
C
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).
C
C
Animal shelter, pound, kennel, training school.
C
C
Animal hospital, animal research institute.
X
X
Pet cemetery.
C
Electronic message center signs. (See CMC § 9146.7.)
C
C
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.)
L
L
Processing facility for recyclables, light. (Subject to CMC § 9148.5.)
L
L
Processing facility for recyclables, heavy. (Subject to CMC § 9148.5.)
C
Wireless Telecommunications Facilities (see CMC § 9138.16):
Minor wireless telecommunications facilities, subject to the requirement of CMC § 9138.16.
L
L
Major wireless telecommunications facilities, subject to the requirement of CMC § 9138.16.
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
Emergency shelters, up to 30 occupants within the City.
L
L
Emergency shelters, more than 30 occupants within the City.
C
C
Transitional housing, supportive housing and single-room occupancy (SRO) housing.
Not permitted
Transportation related uses:
Shared parking facilities.
C
C
Health services:
Hospital, long-term health care facility, public health center.
C
Ambulance service.
C
C
Public and quasi-public uses:
Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural, or historical information will be obtained from the site.
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.
L
L
Arcade, subject to the requirements of CMC § 9138.4.
C
C
Retail services and offices:
Adult business.
Not permitted
Convenience stores.
C
C
Payday loans.
CUP
CUP
Massage service.
Not permitted
Tattoo service. (New uses not permitted. Existing uses prior to June 7, 2006, required a CUP and are subject to CMC § 9138.92.)
L
Not permitted
Alcoholic beverage sales and services:
Alcoholic beverage sales in 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.
C
C
Alcoholic beverage sales and 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.
C
C
Vehicles sales and service:
Automobile service station, subject to the requirements of CMC § 9138.14.
C
C
Automobile/vehicle washing, subject to the requirements of CMC § 9138.14.
C
C
Automobile/vehicle service and repair, subject to the limitations of CMC § 9138.14.
C
C
Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, not over 2-ton capacity, motorcycles or motorscooters, subject to the requirements of CMC § 9138.21.
C
C
Temporary Uses:
Election campaign office in a trailer. (Not permitted earlier than 90 days before the election. To be removed within 14 days after the election.)
L
L
Office or other permitted 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.)
L
L
Storage of construction 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).
L
L
Subdivision directional sign. (See CMC § 9128.31 – 9128.35.)
LD
LD
Fireworks stand, fireworks storage. (See CMC § 3101.0 – 3101.10.)
CC
CC
Tent revival. (See Chapter 6 of Article III.)
CC
CC
Carnival, mechanical rides, pony rides, outdoor festival and similar uses. (See CMC § 63119 and § 63119.1.)
CC
CC
Circus, rodeo. (See CMC § 63120; and Animal Control Ordinance, CMC § 3300 – 3301.)
CC
CC
Sidewalk, parking lot, and tent sales. (See CMC § 9148.7.)
D
D
Yard sales. (See CMC § 4600 – 4606.)
L
L
Uses Permitted in Manufacturing Zones:
Auction house.
C
C
Indoor mini-mart.
Not permitted
Commercial Cannabis (See Chapter 15 of Article VI)
DA
DA
***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. 78-427; Ord. 79-479 § 8; Ord. 80-532 § 4; Ord. 80-541 § 1; Ord. 82-621 § 4; Ord. 83-673U § 5; Ord. 84-685 § 5; Ord. 84-704; 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.
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.
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; Ord. 82-586 § 1)