§ 9131.12. Uses Permitted on Organic Refuse Landfill Sites. — Carson Zoning Code

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:

Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.
Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including oil wells and storage tanks.
Paving of no more than twenty (20) percent of the site.
Repair or minor alteration to existing structures which do not increase floor area.

B. An application for a conditional use permit required by subsection A 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.

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

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)