Part 4 — INDUSTRIAL ZONES

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 .)

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 .

ities 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 If at any time any information specified in the certification becomes outdated or is no longer accurate, the permittee must submit, within thirty (30) days after learning that the information is no longer accurate, an addendum to the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.

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. 011237 § 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. 181825 § 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.

ilding 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)

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.

Division 2. Accessory Uses

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. 11-1479 § 15; Ord. 87-822 § 2; Ord. 84-685 § 6; Ord. 83-637 § 6; Ord. 83-635 repealed by election on 6/28/83; Ord. 83-635)

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)

Division 3. Conditional Use Criteria

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.