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CC RESOLUTION 1418RESOLUTION NO. 1418. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND CON- CURRING IN THE FINDINGS AND DETERMINATIONS OF THE CITY PLANNING COMMISSION WITH REFER- ENCE TO "RUBBISH DISPOSAL SERVICE" AND THE CLASSIFICATION THEREOF NOT SPECIFICALLY MEN- TIONED IN THE ZONING ORDINANCE OF SAID CITY, ON REQUEST FOR INTERPRETATION BY DAVID A. LEWIS AND DONALD J. OLIVER AND AS SET FORTH IN RESOLUTION NO. 188 OF SAID COMMISSION. WHEREAS, the City Planning Commission of the City of El Segundo, California, did at the regular meeting of said commis- sion held on the 14th day of June, 1954, adopt the following re- solution of said commission, to wit: "RESOLUTION NO. 188 "A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, DEFIN- ING RUBBISH DISPOSAL SERVICE AS AN M -2 USE "WHEREAS, inquiry was made of the Planning Commission by David A. Lewis and Donald J. Oliver concerning the information as to the correct zone in which might be es- tablished a Rubbish Disposal Service, and "WHEREAS, the Planning Commission's Consultants, at the request of the Commission, made inquiry into the perti- nent factors and investigated several similar installa- tions, and "WHEREAS, such inquiry and investigations resulted in the filing of a written report under date of June 7, 1954, copy of which is attached hereto and by reference made a part hereof, and "WHEREAS, following receipt of such report by the Com- mission's Consultants, certain investigations were per- sonally made by members of the Planning Commission and such investigation of existing places revealed that, in prac- tice, the elimination of hardware and other forms ofdLs- carded materials, or junk, is impossible and that inasmuch as the feature of storage and /or handling of such materials is involved, there can be no consistent interpretation - 1 - other than that such installations must be classified in the same category as junk yards, and therefore should be made subject to the same requirements for review and authorization through the medium of a special permit as do junk yards, "NOW THEREFORE, BE IT RESOLVED, that the Commission re- commends to the City Council that the findings set forth in said Consultant's report constitute a formal statement of interpretation in this, and any other matters involving the disposal of refuse of any type, or the collection and storage of hardware or non - disposable items be considered in the same category as 'junk yards' and be required to be processed in the same manner, and "FINALLY RESOLVED, that a copy of this resolution be forwarded to the City Council for its consideration in the manner prescribed by law. "Passed, approved and adopted this 14th day of June, 1954. " /s/ George E. Bier ecretary o the City nd ann ng L. A. Allen Commission of the City of E1 Chairman of the City Segundo, California Planning Commission of the City of E1 Segundo, California it and WHEREAS, the staff report attached to said Resolution No. 1$$ and made a partthereof is in words and figures as follows, to wit: "STAFF REPORT "As a result of the request of David A. Lewis and Donald J. Oliver for an interpretation by the Planning Commission as to where they might establish a refuse collecting sta- tion in the City of El Segundo, the Commission requested a staff report coverinlp; the situation. In connection with this request, staff was asked tp inspect and report upon an establishment at 1900 Pontius Avenue, West Los Angeles, as being similar to the one proposed to be established. Staff did inspect such property, and also two others which we learned existed in different locations. "Before making the inspection, however, a check was made with the Los Angeles City Planning Department as to the zone in which the City permitted such operations. The City of Los Angeles typifies such use as 'Gardener's refuse col- lection yard or station, providing no burning, composting, processing or sorting was carried on, and no refuse kept over 48 hours', and permits such use in an M -1 zone. "However, the establishment to which staff was referred is in an M -2 Zone. Pontius Avenue is the first street to the west of Sepulveda Boulevard, and north of Olympic Boule- vard, and is in the heart of an M -2 District. The lot is enclosed with a solid fence at least six feet high. The - 2 - entrance to both the pit and the ground level are from a deadended side street which is only as long as this particular property is wide. The pit parallels Pontius Avenue, with enough ground level between it and the Pontius Avenue fence to permit attendants to work from that side. There is no other entrance or exit. The pit, includin7 its down ramp, is approximately 60 feet long. Beginning at the entrance to the property there is a pronounced rise in the level of the lot, built up to bring it to the level of the top of the truck pit. The back and side portions of the lot are being built up to the level of the top of the pit by accumulating broken con- crete. "Trucks delivering refuse enter the premises on the up ramp, then back to the collecting truck which is de- pressed in the slot. The slot which accomodates the col- lecting truck is depressed approximately 13 feet below the raised ground level, and the top of the depressed truck itself reaches to ground level so that the truck constitutes a pit into which the refuse is dumped. At the time the inspection was made there was a truck about 35 feet long in the pit, and a small pick up truck was un- loading broken plaster and concrete into the truck, as well as oil drums and a big wooden barrel. Residue oil from one of the drums was emptied into the truck in the pit, and then the oil drums thrown off to the side. The driver secured a heavy axe from the operator of the yard and proceeded to break up the barrel which he then put in the truck in the pit. "On all sides of the lot, excepting the front, were stacked such things as old bed springs, a discarded re- frigerator, a toilet stool, old oil drums, etc. On the front, in the corner away from the pit, was a makeshift shed serving as an office. Most of the area of the yard was surfaced, with the exception of the area between the pit and Pontius Avenue, which was being filled with broken concrete. The premises are open from 7:00 o'clock in the morning to 8 :00 o'clock at night. "Next, an inspection was made of property located at the corner of Chesapeake Avenue and Jefferson Street. This particular use was established about 18 months ago. The property is zoned M -1. It is on the southeast corner and its too, is enclosed by a high corrugated iron fence. This piece of property faces upon Jefferson Street and backs up to a well -paved alley, which alley separates it from some very good residential property facing upon Chesapeake Avenue. The M -1 lot has an entrance from both the alley and from Jefferson. The collecting truck enters the ramp andleaves it from Jefferson Street. The pit on this particular lot runs parallel to the east side of the property, and the lot is built up somewhat to provide the ramp off of Jefferson, with a slightly less ramp down to the alley. While the inspection was being made several gardner's trucks drove in and dumped their cuttings and trimmings, and from the appearance of the contents of the truck, that was about all that was being dumped, although they can accept anything but garbage and offal. "The lot is not surfaced, but is well- compacted. Along both sides of the property, leaning up against the fence - 3 - 71 and the wall of the building to the east, were old bed springs and an old refrigerator, etc. In response to a question, the operator said that they accumulated such things and about once every three or four months a junk man came around and picked it up. In one corner of the lot was a makeshift covering to provide an office, and there was no toilet facilities on the premises. "We contacted the neighbor immediately across the al- ley from this operation, whose house sides upon the alley to the rear of the collecting station. They are very unhappy over the situation. As long as the operator keeps the place sprinkled dorm, the dust factor is not too bad. The owners of the residential property claim that approxi- mately 200 trucks a day drive in and dump their loads. Since the establishment of the station the flies have been so bad on the residential property that they can no longer use their outdoor living facilities to the rear of the house. The odor from the collection station is not bad, excepting over Sunday when the dumpings have begun to deteriorate. "The third project is located at Wellington and Jef- ferson. We did not go on to the property, but looked at it from the street. It is situated next to a service station and a type of truck storage yard. This particu- lar lot was surfaced with gravel, and the conditions noted as a part of the station at Chesapeake Avenue and Jeffer- son were apparently true here also. "On returning to the office, the undersigned checked again with the Los Angeles Planning Department and learn- ed that the accumulation of the junk was in direct viola- tion of the ordinance, but that otherwise the uses ap- parently conform to the zone in which they are located. "To recapitulate, it would seem that the one on Pon- tius Avenue is actually more than a 'gardner's refuse col- lection yard or station'. It is in an M -2 zone, which would permit a heavier use than in an M -1 Zone. It is quite apparent that much more than merely gardner's refuse is being collected. It comes quite close to actually be- ing a junk yard. "However, the other two places inspected are zoned M -1, and are typed as gardner's refuse collection yard or sta- tion, and the collection of the extraneous things is in violation. "With reference to the request of Mr. Lewis and Mr. Oliver for an interpretation as to where such proposed use could be established in the City of El Segundo, it is here pointed out that the heaviest use proposed to be estab- lished on a piece of property is the use which determines the zone in which it shall be permitted. The proposed companion uses intended to be incorporated on the site -- those of a machine shop and equipment rental -- are, in E1 Segundo, permitted in the C -M zone. But it is the re- fuse collection that determines the zone. The question does not rest upon the mere process of collecting many small loads into one large load and then transporting it to another place, but it is the seemingly unavoidable ac- cessory use which involves segregating, salvaging, storing - 4 - and selling of used materials which is, under general interpretation, a junk business which the ordinance designates as an M -2 use subject to review. To place it in a lighter zone would mean resorting to constant policing and enforcing, which places the city at a real disadvantage. "The location of the use should be scrutinized with reference to its effect upon surrounding property, especi- ally residences. The matter of entrance and exit !s al- so an important factor, inasmuch as the truck movements involve the negotiating of a steep ramp beginning or end- ing at the sidewalk line, which also pointsout t;he fact that the entrances and exits should be on a street other than a major thoroughfare. The large number of trucks using the premises should also be borne in mind, as well as the movement of the collecting truck which must either back onto the premises from the street, or else back out over the street. "The plot plan submitted shows the erection of the buildings as something contemplated at a later date. Any action taken should include among the conditions that toilet facilities should be provided at the time of the establishment of the first use of the property. The con- sideration of other possible conditions to be included in the required use permit might include -- "1. No composting, burning, sorting or storage. 2. No material kept over 48 hours. 3. Adequate surfacinrc of property. "Respectfully submitted, BRYSIS N. WHITNALL "; and WHEREAS, the City Council of said City has duly consid- ered the said Staff Report and the said Resolution No. 1$$ here - inabove set forth and the findings and recommendations made therein and is satisfied that the designated classification for the use therein described and referred to is correct and should be approved by this Council; NOW, THEREFORE, the City Council of the City of El Se- gundo, California, does hereby resolve, declare, find, determine and order as follows: SECTION 1. That said City Council does hereby make the same findings with reference to the use described and referred to in said Staff Report and in said Resolution No. 1$$ hereinabove quoted as are made by the City Planning Commission of said City with reference thereto. - 5 - 7FU J SECTION 2. That said City Council does hereby approve the findings, determinations, and recommendations of said Com- mission as set forth in its said Resolution No. 1$$ with refer- ence to "Rubbish Disposal Service" referred to and described in said Staff Report and does hereby accordingly designate the classification "M -2" under Ordinance No. 434 of said City (The Comprehensive Zoning Ordinance), as amended, for the use de- scribed in said Staff Report and referred to in said Resolution No. 188. SECTION 3. That the City Clerk is hereby authorized and instructed to forward a copy of this Resolution to the ad- ministrative agents of the City of E1 Segundo, who are hereby directed to conform to the findings, determinations and desig- nations hereby approved and made. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 5. That this resolution shall take effect immediately. Passed, approved and adopted this 7th day of July, 1954. ATTEST: City Clerk (SEAL) /—e_-L64 yor of the City of E]' egu do, California. - 6 - X60 i_ STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I. Neva M. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 1418 , was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City all at a regular meeting of the said Council held on the 7th day of July, 1954, and that the same was so passed and adopted by the follow- ing vote: AYES: Councilmen Gordon, Swanson and Mayor Selby: NOES: Councilmen None: ABSENT: Councilmen Baker and Frederick. WITNESS my hand and the official seal of said City this 7th day of July, 1954. (SEAL) City Clerk o the Cit} of E1 Segundo, Californi•. - 7 -