l of los angele frank t. martinez city clerk

.,.

FRANK T. MARTINEZ City Clerk

KAREN E. KALFAYAN Executive Officer

When making inquiries relative to this matter refer to File No.

02-1560

July 13, 2005

Councilmember Perry Director of Planning

l rv OF Los ANGELE CALIFORNIA

ANTONIO R. VILLARAIGOSA MAYOR

Department of Building and Safety, c/o Zoning Coordinator cc: Residential Inspection Unit, Mail Stop 115

Office of the CITY CLERK

Council and Public Services Room 395, City Hall

Los Angeles, CA 90012 Council File Information - (213) 978-1043

General Information - (213) 978-1133 Fax: (213) 978-1040

HELEN GINSBURG Chief, Council and Public Services Division

RE: RECEIVING AND FILING MOTION (PERRY - REYES) REQUESTING THAT AN ORDINANCE BE DRAFTED AMENDING THE LOS ANGELES MUNICIPAL CODE BY ADDING REGULATIONS GOVERNING THE LOCATIONS AND SIZES OF RECYCLING COLLECTION AND BUYBACK CENTERS THAT,ARE1 TYPICALLY TRANS~ENT AND LOCATED NEAR GROCERY MARKETS r,-:!f e 1/j}./J 0/-;..;A

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At the meeting of the Council held July 12, 2005, the following action was taken:

Attached report adopted .................................. ······-----=X=----Attached motion (-) adopted .................................... _____ _ Attached resolution adopted .................................... _____ _ FORTHWITH ...................................................... ------Mayor concurred ............................................... _____ _ To the Mayor FORTHWITH ......... , ........................ ······------Motion adopted to approve communication recommendation(s) ...... _____ _ Motion adopted to approve committee report recommendation(s) ... _____ _ Ordinance adopted .......................................... ····------Ordinance number ............................................... _____ _ Publication date ..................................... · .......... _____ _ Effective date ................................................. _____ _ Mayor vetoed .................................................... _____ _ Mayor approved ................................................. _____ _ Mayor failed to act - deemed approved ....................... ···------

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City Clerk JUL 1 5 2005 crm UTY

T OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

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TO THE COUNCIL OF THE CITY OF LOS ANGELES

Your

reports as follows:

• 7- Id-.

FILE NO. 02-1560

PLANNING AND LAND USE MANAGEMENT Committee

Yes No Public Comments XX

PLANNING AND LAND USE MANAGEMENT COMMITIEE REPORT relative to amending the Los Angeles Municipal Code by adding regulations governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocery markets.

Recommendation for Council action:

RECEIVE and FILE the Motion (Perry - Reyes) requesting that an ordinance(s) be drafted to establish annual inspections by the Department of Building and Safety of the following business: recycling areas or rooms; mobile recycling centers; recycling center operators or junk dealers; recycling collection or buyback centers; recycling materials processing facilities; recycling materials sorting facilities; and, used automobile and trailer sales areas to ensure such uses are in compliance with City regulations and to reduce blight and urban decay in the community. The request is duplicated and the proposed ordinance addressing Motion (Perry- Reyes) is contained in Council file No. 01-2324.

Fiscal Impact Statement: None submitted by the City Attorney. Neitherthe City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Summary: At its meeting held June 29, 2005 (continued.from January 7, 2004 and prior meetings), the Planning and Land Use Management Committee considered and received and filed Motion (Perry- Reyes) requesting that an ordinance(s) be drafted to establish annual inspections. by the Department of Building and Safety of the following business: recycling areas or rooms; mobile recycling centers; recycling center operators or junk dealers; recycling collection or buyback centers; recycling materials processing facilities; recycling materials sorting facilities; and, used automobile and trailer sales areas to ensure such uses are in compliance with City regulations and to reduce blight and urban decay in the community.

Upon review of Council file No. 01-2324, and 03-0317, and the subject Council file No. 02-1560, the Committee determined that all three request in Motions (Perry- Reyes}, were very similar and were made in consecutive years 2001-02 and 2003. In addition, the Committee determined that the proposed ordinance contained in Council file No. 01-2324 addresses the concerns in the Motions. Therefore, the Committee recommended to receive and file Motion (Perry - Reyes) contained in Council file No. 02-1560.

MEMBER REYES: CARDENAS: WEISS:

BG:ys 7-1-05 #021560

VOTE YES ABSENT YES

Respectfully submitted,

PLANNINGAN~~COMMITTEE

AtOPfeo JUL 1 2 2005

LOS ANGELES CITY COUNCIL

• COUNCIL VOTE

Jul 12, 2005 10:36:39 AM, #2

Items for Which Public Hearings Have Been Held - Items 7- 18 Voting on Item(s) =a~-14,16-17 Roll Call f

CARDENAS Absent GARCETTI Yes GREUEL Yes HAHN Yes LABONGE Yes PARKS Yes PERRY Yes REYES Yes ROSENDAHL Yes SMITH Yes WEISS Yes ZINE Yes *PADILLA Yes VACANT Absent VACANT Absent Present: 12, Yes: 12 No: 0

PLANNI.ND LAND USE MANAGEMENT C.TTEE SUGGESTED NOTIFICATION OF COUNCIL ACTION

Council File No. _ _...()....,,· <2;..a._-..... l ..... SCo=;...;:;O;;...._ __ _

Applicant/ Appellant/Owner Representative

sign

~ed

/council Member(s) __,_~~=:q..,... ____________________ _ __ Office of the Mayor (w~ction ____ _

__ City Attorney (w/blue slip) - Attn:

__ City Administrative Officer (CAO)

__ Chief Legislative Analyst (CLA)

__ City Planning Department-Attn:

__ City Planning Commission -Attn: Gabriele Williams (w/copy of Ordinance) / • (ZC; HD; BL; HE; HP?Z; GPA; SPE; CPU; CPR; CA; ICO; TOD; SP; COO)

_v_ Director of Planning (same as Commission)

Office of Zoning Administration - (all ZA cases: cu: -zvi

Advisory Agency - (PM: IT: cPu: CPR: cA: 1co: mo: sP: cooi

Community Planning Section - (ORB: CPU: CPR: cPE: IT: PM: cA: 1co: coo: HEJ

Geographic Information Section - Attn: Fae Tsukamoto - (same as commission)

__ Information Technology Agency -(large projects>

__ Bureau of Engineering, Land Development & Mapping Division -(generallymostcases)

__ Department of Transportation, Traffic/Planning Sections - (generally most cases)

V Department of Building & Safety c/o Zoning Coordinator - (generally most cases)

V Residential Inspection Unit - Mail Stop 115 - (SPE; HE; CU; ICO; ZC; generally most cases)

__ Bureau of Street Lighting, "B" Permit Section - (all zoning cases)

___ Department of Water and Power - (DB & large projects)

__ Fire Department - (all zoning & hillside cases>

__ Police Department_ (beer & wine: adutt entertainment, revocations>

__ Community Development Department

-- Los Angeles County Assessor - (CU appeals & large projects)

__ Cultural Heritage Commission

__ Cultural Affairs Department

4105

~ ·-·· \ Pending Record Preview

; .· [. Bqclf_ 11 Edit

File Number "' .· 02-1560

Last Changed Date 05/03/2005

Title RECYCLING CENTERS / USED AUTO LOTS / INSPECTION PROGRAM

Initiated by Perry Mover 2002 / Reyes

Subject 1

Page 1 of2

I

Motion - Recycling centers' and used auto lots contribute to the local economy of the City_ of Los Angeles. These businesses, when operated properly, enhance the environment, .. and services a sector of the community in need of affordable transportation, respectively. However, when recycling centers and used auto lots are not in compliance with City ordinances and requirements, both types of business can contribute to blight and urba.n decay in the community .. To address the concerns that result from non-compliant recycling centers and used auto lots, it should be necessary for the Department of Building and Safety to annually inspect the following business entities: Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; Recycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility Automobile and Trailer Sales Areas. In bringing the aforementioned business entities under the purview of the Department of Building and Safety's annual inspection program, the City can ensure that non-compliant businesses can be monitored and, if necessary, exercise its enforcement jurisdiction to compel compliance with all ordinances and requirements. . THEREFORE MOVE that the City Attorney be requested to prepare and present an ordinance to include recycling centers and used auto lots under an annual Building and Safety inspection program, and as further detailed below: 1. Amend Section 12.26F of the Los Angeles Municipal Code to include Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; Recycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility, as defined in Section 12.03 of the Los Angeles Municipal Code. 2. Amend Section 12.26I.3(e) of the Los Angeles Municipal Code to include Automobile and Trailer Sales Areas as defined in' Section 12.03 of the Los Angeles Municipal Code.

Co1Jncil District

Date Received 07/19/2002

File History

7-19-02 - This days Council session 7-19-02 - Ref to Planning and Land Use Management Committee 7-19-02 - File to Planning and Land Use Management Committee Clerk 8-1-02 - Set for Planning and Land Use Management Committee on August 6, 2002 8-6-02 - Planning and Land Use Management Committee Disposition - Refer to staff 8-28-02 - Transmittal to City Attorney, Attn: J Burge per Planning and Land Use Management Committee Clerk letter 10-21-03 - For ref - Transmittal from Los Angeles City Planning Commission relative to proposed ordinance that a·mends Sections 12.21 and 12.26 of the Los Angeles Municipal Code.

http://cclerk/cfidata/Pending_ Preview.cfm ?check=02-1560&Document= 117 43 6 05/03/2005

1

Pending Record Previei Page 2 of2

The proposed ordinance amends two Sections of the Los Angeles Municipal Code. Section 12.21 A, 18(,c)~is amended to add regulations governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocery markets. This Section will also be expanded to apply the requirements of Section 12.21 A 18(d)(3) through (19) for these facilities. Section 12.26 Fis amended to add recycling centers and facilities to the uses requiring annual inspections - City Plan Case No. 2003-4015-CA. 10-22-03 - Ref to Planning and Land Use Management Committee 10-23-03 - File to Planning and Land Use Management Committee Clerk 11-28-03 - Set for Planning and Land Use Management Committee on December 3, 2003 12-3-03 - Planning and Land Use Management Committee Disposition - Continued to January 7, 2004 1-7-04 - Planning and Land Use Management Committee Disposition - Approved 1-9-04 - Letter to Director of Planning per Planning and Land Use Management Committee Clerk letter 5-3-05 - For ref - Communication from the City Attorney R05-0157, dated April 28, 2005, relative to a draft ordinance amending the Los Angeles Municipal Code to add regulations governing Recycling Collection and Buyback Centers and to add Recycling Centers and Used Car Lots into an annual inspection program combined with the Vehicle Establishment Inspection Program.

j Back j j 'Edit

http://cclerk/ cfidata/Pending_ Preview.cfm ?check=02-1560&Document= 117 4 3 6 05/03/2005

,,.

-OFFICE OF THE CITY ATTORNEY

ROCKARD J. DELGADILLO CITY ATTORNEY

REPORT NO. -~ -()· 5 .,_ ·o l S 7

APR 2 8 2005

REPORT RE:

DRAFT OF AN ORDINANCE AMENDING THE LOS ANGELES MUNICIPAL CODE TO ADD REGULATIONS GOVERNING RECYCLING COLLECTION AND BUYBACK

CENTERS AND TO ADD RECYCLING CENTERS AND USED CAR LOTS INTO AN ANNUAL INSPECTION PROGRAM COMBINED WITH THE VEHICLE ESTABLISHMENT

INSPECTION PROGRAM

The Honorable Los Angeles City Council of the City of Los Angeles

Room 395, City Hall 200 North Spring Street Los Angeles, California 90012

Council File Nos. 01-2324/02-156Q and 03-0317

Honorable Members:

We are transmitting to you for your action, approved as to form and legality_, a final draft ordinance amending Sections 12.03, 12.21, 12.26, 80.01.1, 80.73.1, and 98.0402(f)2 of the Los Angeles Municipal Code to add regulations governing recycling

· collection and buyback centers and to add recycling centers and used car lots into an Annual Inspection Program Combined with the Vehicle Establishment Inspection Program (VEIP).

CEQA Findings

Regarding a finding pursuant to the California Environmental Quality Act (CEQA), the Department of Planning determined that the p~oposed ordinance is exempt from CEQA, pursuant to Article Ill, Section 2(m) of the City's CEQA Guidelines, because it found that the ad.option of the ordinance itself will not have an impact on the physical environment. If the City Council concurs, it must make this finding prior to or concurrent with its action on the ordinance.

PLPJJ & LAND USE MGT.

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION ·EMPLOYER MAY.3 2005

200 NORTH MAIN STREET• LOS ANGELES, CA 90012-4131 • 213.978.8100 • 213.978.8310 TDD a;::i,

Recyclable and nnde from recycled waste. '6f)

RECEIVED CITY CLERK'S OFFICE

2ffi5 r-{AY - .3 AM 1!1: O 9 .

DEPUTY

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••' '..-. : . ..• .. . ·_: ~

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.. Honorable Los Angeles City Council

of the City of Los Angeles Page 2

-Background and Summary of Ordinance Provisions

On January 9, 2004 and March 23, 2004, your Planning and Land Use Management Committee instructed that an ordinance be drafted pertaining to the above-mentioned matter. This ordinance provides improved standards for the location, size, operation, and maintenance of used vehicle sales areas as well as a variety of recycling centers, including additional mechanisms for stricter enforcement of code provisions that will improve the appearance of neighborhoods.

Charter Findings

Pursuant to Charter Section 559, the Director of Planning has approved this draft of ordinance on behalf of the City Planning Commission and recommended that the City Council adopt it. Should the City Council adopt this ordinance, it may comply with the provisions of Charter Section 558 by either adopting the findings of the Director of Planning as set forth in his report dated April 11, ;2005, or by making its own findings.

Council Rule 38 Referral

A copy of the draft ordinance was sent, pursuant to Council Rule 38, to the Department of Building and Safety. The Department's comments have been incorporated into the final draft ordinance.

If you have any questions, feel free to contact Assistant City Attorney Sharon Siedorf Cardenas at (213) 978-8235. She or another member of this staff will be available to answer any questions you may have when you consider this matter.

TAB:SSC:pj(#111s53) Transmittal

Sincerely,

ROCKARD J. DELGADILLO, City Attorney

- By ~I(~ TERREE A. BOWERS

Chief Deputy City Attorney

ORDINANCE NO. _____ _

Ah Ordinance Amending Sections 12.03, 12.21, 12.26, 80.01.1, 80.73.1, and 98.0402(f)2 of the Los Angeles Municipal Code to add regulations governing the location and size of Recycling Collection and Buyback Centers and to add Recycling Centers and Used Car Lots into an Annual Inspection Program combined with the Vehicle Establishment Inspection Program (VEIP).

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. A new definition is· added to Section 12. 03 of the Los Angeles Municipal Code to read in alphabetical order:

INOPERABLE VEHICLE. Any motor vehicle or trailer which is incapable of immediate and sustained movement for which it was designed.

Sec. 2. Paragraph (c) of Subdivision 18 of Subsection A of Section 12.21 is amended by adding three new Subparagraphs numbered (3), (4) and (5) to read:

(3) No portion of the recycling operation may be closer than 100' to any A or R zone.

(4) The area for depositing Recyclable Materials does not exceed a total of 600 square feet of the lot area.

· (5) The requirements of Paragraph (d) (3), and (d) (5) through (19) of this Subdivision must be complied with at all times except that no reduction of any kind in required parking spaces is allowed. .

Sec. 3. Subsection F of Section 12.26 is amended to read:

F. Auto Dismantling Yards, Junk Yards, Scrap Metal or Recycling Materials Processing Yards, Recycling Collection and or Buyback Centers, Recycling Materials Sorting Facilities.

1. Definitions. As used in this subsection, the following terms are defined as follows: ·

(a) BOARD. The Board of Building and Safety Commissioners.

1

(b) DEPARTMENT. The Los Angeles Department of Building and Safety.

(c) RECYCLING CENTER. Any recycling collection or buyback site, recycling sorting facility, or other recycling oriented site which does not do any processi~g other than mechanical compaction to reduce the volume of recyclable containers for economy of storage.

·(d) SUPERINTENDENT. The Superintendent of Building or his or her authorized representative.

(e) YARD. Any automobile or truck dismantling yard, junk yard, scrap metal or recycling materials processing yard or any open storage location where used materials and equipment of any kind, including vehicles, boats, or airplanes which are inoperable, wrecked, damaged, or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles, are stored or processed.

2. Applicability. The provisions of this subsection shall apply to every recycling center or yard operating pursuant to a valid certificate of occupancy. In addition, these provisions shall be applicable to every recycling center or yard operating with nonconforming status pursuant to Section 12.23 of this Code, and as to such recycling centers or yards, any revocation proceedings authorized by these provisions shall be deemed to be proceedings to revoke and void any rights otherwise granted by Section 12.23 of this Code.

3. Inspections. The Department of Building and Safety shall make an inspection of each recycling center or yard at least once a year to verify compliance with all applicable provisions of the Code. An annual inspection fee a~ specified in Section 98.0402(e) of this Code shall be collected by the Department. An inspection may also be made whenever a complaint is received by the Department concerning a violation of the Code or as needed to verify continued compliance with applicable Code requirements. Accessory storage only yards, where no business is conducted, which are nearby but not contiguous with a main yard may be approved and inspected with an additional fee of one half of the annual inspection fee for each yard.

4. Order to Comply. If a recycling center or yard that is inspected is found to be in violation of any provision of this Code, the Superintendent shall send an Order to Comply ("Order") to the owner of

2

the property and the operator of the recycling center or yard. The Order shall clearly state the following:

(a) The violation must be corrected by a compliance date specified in the Order, which date shall be no more than 30 days from the date the Order is mailed;

(b) The compliance date as specified in the Order may be extended for an additional period not to exceed 45 days if the owner or operator of the recycling center or yard presents satisfactory evidence to the Superintendent that unusual difficulties prevent substantial compliance without an extension;

(c) Failure to correct the violation on or before the . compliance date or any authorized extension will lead to commencement of certificate of occupancy revocation proceedings. Such proceedings will terminate with a revocation hearing, which hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 14 of this subsection.

5. Re-inspection. The Superintendent shall reinspect a recycling center or yard for which an Order was issued pursuant to this subsection subsequent to the compliance date or any authorized extension thereof ..

6. Citation Authority Prior to Revocation Notice. An arrest may be made or citation issued pursuant to Sec. 98.0408 of this Code if the violations noted in an Order are not corrected on or before the due date .noted upon such notice. This action does not preclude the commencement of certificate of occupancy revocation proceedings.

7. Failure to Correct Violation; Failure to Pay Inspection Fee; Revocation Proceedings. If any violation specified in an Order or citation is not corrected prior to the compliance date or any extension thereof, or if the annual inspection fee has not been paid within 60 days of assessment, then certificate of occupancy revocation proceedings shall

· be commenced by issuance of a Notice of Intent to Revoke ("Notice"), which shall be sent to the owner of the property and the operator of the recycling center or yard subsequent to any re-inspection pursuant to Subdivision 5 of this subsection. The Notice shall state the following:

3

(a) The date and place of the revocation hea'ring, which shall be scheduled at least 15 days and not more than 90 days from the date of issuance of the Notice.

(b) A list of all violations uncorrected as of the compliance date.

(c) Copies of all inspection reports related to these violations, unless the copies were previously furnished to the owner or operator.

(d) Termination of revocation proceedings may only be obtained if each violation noted in the Notice is corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subdivision 14 of this subsection.

(e) The owner or operator is entitled to be represented by legal counsel at any revocation hearing.

(f) Each violation of the Code and each day of operation without a certificate of occupancy is a misd_emeanor.

8. Termination of Revocation Proceedings. The Superintendent shall terminate certificate of occupancy revocation proceedings upon a finding that each violation of this Code specified in the Notice has been corrected and the fine specified in such Notice has been paid. Termination may only occur on or before the date of the revocation hearing.

9. Revocation Hearing. On the date specified in the Notice, a certificate of occupancy revocation hearing shall be held. The Board may appoint a hearing examiner to conduct the hearing, which examiner shall not be any individual who participated in the issuance of any of the Notices required by this subsection. Subpoenas may be issued pursuant to Section 98.0307 of this Code. The hearing shall be conducted pursuant to the provisions of Sections 93.0308 and 98.0309 of this Code.

10. Hearing Examiner's Report. Within 30 days of the last day of the revocation hearing, the hearing examiner shall report its findings and recommendations in writing to the Board.

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11. Board Determination. Within 15 days of receipt of the. hearing examiner's report, the Board shall determine whether the certificate of occupancy shall be revoked. Revocation shall be ordered by the Board if it finds that ariy required fines have not been paid or any of the violations specified in the Order were not corrected on the revocation hearing date, except for the circumstances stated below.

The Board may, in its discretion, determine that a certificate of occupancy should not be revoked if it makes both of the following findings:

(a) Taken together, the violations specified in the Order and uncorrected as of the revocation hearing date have a minimal adverse effect on neighboring properties or on the general public as to not warrant revocation.

(b) The owner or operator of the yard has paid the fine specified in Subdivision 14 of this subsection with respect to each such uncorrected violation.

In making its determination, the Board may hear from the owner, operator, or other interested party. The determination by the Board is final.

12. Loss of Non-Conforming Rights. Notwithstanding any provision of this Code to the contrary, where a certificate of occupancy is revoked pursuant to this subsection, a new certificate of occupancy for the property may only be issued if all requirements of the Code in effect at the time of issuance of the new certificate are satisfied. In the case of a site which has no valid certificate of occupancy any and all rights which may be granted by Sec. 12.23 of this Code are revoked.

13. Appeals. Notwithstanding any provision of the Code to the contrary, there shall be no appeal to the Board of Building and Safety Commissioners from any Order issued or determination made by the Superintendent pursuant to this Subsection F.

14. Fine Schedule. The fine for each violation as specified in the Notice shall be as specified in Section 98.0402(f)2A of the Code.

. .

15. Repeat Violations. Notwithstanding any provision of this subsection to the contrary, if an Order is issued for violation of a provision

5

of the Code, and after compliance with it, a subsequent Order is issued for a violation of the same. provision occurring within one year of the date of the initial notice:

(a) Each violation cited in a subsequent Order shall carry a fine as specified in Section 98.0402(f)1 of the Code and shall be paid prior to the compliance date. If this fine is not paid by the compliance date, it shall be superseded by the fine shown in the fine schedule in Subdivision 14 of this subsection.

(b) The compliance date for any such notice to comply shall be no more than ten days from the date of mailing of such notice.

(c) No extension of the compliance date may be granted.

(d) The amounts set forth in the fine schedule in Subdivision 14 of this subsection shall be doubled if revocation proceedings were started for any previous Order.

Sec. 4. Subsection I of Section 12.26 is amended to read:

Section 12.26 I. Automotive Repair and Used Vehicle Sales Areas.

Sec. 5. Subdivision 1 of Subsection I of Section 12.26 is amended to read: ,

1. Definitions. As used in this subsection, the following terms have the definitions specified herein:

(a) Department. The Department of Building and Safety.

(b) Board. The Board of Building and Safety Commissioners.

(c) Used Vehicle Sales Area. An area or lot where any type of used motor vehicle or trailer is displayed for sale.

Sec. 6. Subdivision 2 of Subsection I of Section 12.26 is amended to read:

2. Applicability.

(a) The provisions of this subsection shall apply to every automotive repair use in the City of Los Angeles, including those in

6

existence prior to May 27, 1990, the effective date of Ordinance No. 165,798.

(b) The provisions of this subsection shall also apply to every used vehicle sales area in the City of Los Angeles, including those in existence prior to the effective date of this paragraph.

Exception: Used car sales areas operated in conjunction with and on the same lot or on contiguous lots with.a new car dealer are exempted from yearly inspections.


3. Minimum Standards

(a) All automotive repair shall comply with the following minimum standards:

(1) All body and fender repairing when conducted within 300 feet of an A or R Zone shall be done within a completely enclosed building or room .. The doors of such building or room may be open during the following hours:

(i) From 7 a.m. until 8 p.m. on Mondays through Fridays;

(ii) From 9 a.m. until 8 p.m. on Saturdays; and

(iii) From 11 a.m. until 8 p.m. on Sundays.

At all other times, the doors of such building or room . shall be closed, except at intervals necessary for ingress and egress. . .

(2) All body and fender repairing when conducted within 150 feet of an A or R Zone shall be done within a completely enclosed building or room with stationary windows. The doors of such building or room may be opened only at intervals necessary for ingress and egress, except that garage bay doors may be open during the hours of operation set forth in Paragraph (1) of this subdivision, provided:

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(i) A minimum 10-foot-high solid masonry fence or a minimum 10-foot-high.intervening commercial or industrial building enclosed on at least three sides is maintained at the property line adjacent to the A or R Zone, or;

(ii) Doors facing a public street shall be closer to the property line adjacent to the public street than the required yard setback of any adjacent A or R Zone.

(3) All automotive spray painting shall be done in full compliance with the provisions of Article 7 of Chapter 5 of the Code regulating such installations; provided further, that no spray painting may be done except in a building or room approved for such use that is located in the in the M2 or M3 Zone.

(4) Except for allowable outside uses when conducted in the M2 or M3 Zones, all other operations shall be conducted within a building enclosed on at least three sides, except for the following, which may be conducted within the first 18 feet in depth measured perpendicular to the entire length of the building wall containing a garage bay door; said area shall not displace any required parking:

(i) electrical diagnostics;

(ii) battery charging and changing;

(iii) tire removal and replacement, provided the vehicle is not elevated more than 12-inches off the ground measured to the bottom of the tire. A portable hoist only, may be used for this purpose.

(5) If the building is located within 50 feet of a lot in an A or R Zone with no intervening street, the wall of the building nearest such Zone shall have no openings other than doors or stationary windows. Such doors shall be permitted only if the building is adjacent to an alley and may be opened only at intervals necessary for ingress or egress.

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(6) Automotive hoists, of any type or size, except as· provided in Paragraph (4)(iii) above or allowed and operated in an M2 or M3 Zone, shall be located or operated only inside a fully enclosed building.

(b) All Used Vehicle Sales Areas shall comply with the following:

(1) All used vehicle sales areas established after · January 1, 2005, shall provide supplemental customer parking, on site, of at least one space for every 2000 square feet of vehicle sales area. This parking is in addition to all other parking required for the lot and shall be conspicuously posted and used for customer parking only. There shall be a minimum of two customer parking spaces provided for any used vehicle sales area.

(2) All repair work done on site must comply with the provisions of this subsection whether or not the repairs are done on customer or dealer owned vehicles.

(3) All other provisions of the Code which apply to used vehicle sales must be complied with at all times.

(4) Exception: Display of not more than three vehicles for purposes of sale or trade, at any one time, which is accessory to an approved use on the same lot and not occupying any required parking spaces, does not require a separate certificate of occupancy, additional parking, or annual inspection.

(c) Nothing in this section shall relieve any person from complying with any applicable requirements contained in Sections 12.14, 80.73.1, 80.73.2 or any other provision of the Code.


4. Parking of Cars in Custody of Automotive Repair Site or Used Vehicle Sales Area. No vehicle left in the custody or possession, for any reason, of an automotive repair garage or used vehicle sales area shall be parked, left standing or stored outside the lot on which the repair garage or used vehicle sales area is located, except that such vehicles may be stored within an approved storage yard. A responsible person

9

shall be on the premises of each repair garage or used vehicle sales lot during the hours in which the garage or lot is in operation. This person shall maintain current records, in a man_ner that can be immediately supplied to any enforcement agency upon request, stating the license plate number, vehicle identification number and registered owner of each vehicle currently in the custody or possession of the repair garage or used vehicle sales lot for purposes of repair, sales, trade, shipment or other disposition. This subdivision shall not apply to employees' vehicles used daily for commuting.


5. Annual Inspections. The Department shall inspect the physical facilities of each repair garage or used vehicle sales area at least once a year. An annual inspection fee as specified in Section 98.0402(e) of the Code shall be collected by the Department. Failure to pay this fee is sufficient cause to institute a certificate of occupancy revocation hearing. An inspection may also be made whenever a complaint or referral is received by the Department concerning a violation of this Code by a repair garage or used vehicle sales area or as necessary to verify continued compliance with all applicable Code requirements. Accessory storage only yards or buildings, where no business is conducted, which are nearby but not contiguous with a main vehicle repair garage may be approved and inspected with an additional fee of one half of the annual inspection fee for such yard or building.

Sec. 10. Subdivision 6 of Subsection I of Section 12.26 is repealed in its entirety.


7. Order to Comply. If the physical facilities of a repair garage or used vehicle sales area are found by the Department to be in violation of Subdivision 3 or 4 of this subsection or of any other provision of this article, the Department shall send an Order to Comply ("Order") to the owner of the property and the operator of the repair garage or used vehicle sales area.

The Order shall clearly state the following:

(a) The nature of the violation and the code section violated.

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(b) That the violation must be corrected by a compliance date specified in the order or any extension authorized pursuant to Subdivision 8 of this subsection.

(c) That failure to correct the violation on or before the compliance date or any authorized extension may result in commencement of proceedings to revoke the certificate of occupancy. These proceedings may involve a revocation hearing. A personal appearance at the hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 16 of this subsection.

(d) That an appeal may be filed from the order in the manner provided by Subdivision 15 of this subsection.


8. Time Limits for Compliance with Order.

(a) The repair garage or used vehicle sales area shall comply with the Order described in Subdivision 7 of this subsection on or before the compliance date specified in the order, or any authorized extension. The compliance date shall be not more than 30 days from the date of the order.

(b) The Department may grant an extension of the compliance date specified in the order for an additional period not to exceed 45 days if the owner or operator of the repair garage or used vehicle sales area presents satisfactory evidence to the Department that unusual difficulties would prevent substantial compliance without such extension.

(c) Upon an appeal, the Board may grant an extension of the compliance date for an additional period not to exceed 180 days if it finds that the correction of major code violations requiring extensive building alterations would create a hardship without such extension.


9. Re-inspection. The Department shall reinspect a ·repair garage or used vehicle sales area.for which an Order was issued pursuant to this

11

subsection subsequent to the compliance date or any authorized extension.

Sec.14. Subdivisions 10, 11, 12, 13, 14,.15, 16, 17, and 18 of Subsection I of Section 12.26 are renumbered as Sub~ivisions 11, 12, 13, 14, 15, 16, 17, 18, and 19.

Sec. 15. Subsection I of Section 12.26 is amended by adding a new Subdivision 10 to read: .

read:

10. Citation authority prior to Revocation Notice. An arrest may be made or citation issued pursuant to Sec. 98.0408 of the Code, if the violations noted in a Order are not corrected on or before the due date noted upon such order. This action does not preclude the commencement of certificate of occupancy revocation proceedings.

Sec: 16. New Subdivision 11 of Subsection I of Section 12.26 is amended to

11. Failure to Correct Violations; Revocation Proceedings. If any violation specified in the Order is not corrected prior to the compliance date or any extensions, or. if the annual inspection fee has not been paid within 60 days of assessment, pursuant to Section 98.0402(e), then the Department shall commence certificate of occupancy revocation proceedings by issuan~e of a Notice of Intent to Revoke ("Notice"). This Notice shall be sent to the owner of the property and the operator of the repair garage or used vehicle sales area.

The Notic~ sh~II state the following:

(a) The date and place of the revocation hearing, which shall be scheduled at least 15 days and not more than 90 days from the date of iss·uance ·of the Notice.

(b) A list of all violations uncorrected as of the compliance date.

(c) That copies of all inspection reports related to such violations are available for inspection by the owner or operator.

· (d) That termination of revocation proceedings may be obtained if the violations· noted in the Notice are corrected before the date of the revocation hearing and only if a specified fine is paid. This fine shall be fixed in accordance with the fine schedule

12

read:

in Subdivision 16 of this subsection.

(e) That the owner and oper'?tor are entitled to be represented by legal counsel at any revocation hearing.

(f) That the proceedings may result in the revocation of the certificate of occupancy.

(g) That each violation of this Code and each day of operation without a certificate of occupancy is a misdemeanor.

Sec. 17. New Subdivision 14 of Subsection I of Section 12.26 is amended to

14. Board Determination. Within 15 days of receipt of the Hearing Examiner's report, the Board shall determine whether the certificate of occupancy shall be revoked.

(a) Revocation may be ordered by the Board if it finds that;

· (i) Any of the violations specified i.n the Order were not corrected on or before the hearing date, or that the fines specified iri Subdivision 16 of this subsection have not been paid; and

(ii) That the repair garage or used vehicle sales area adversely affects the health, peace, or safety of persons residing or working in the surrounding area; and

(iii) The owner or operator of the repair garage or used vehicle sales area has failed to demonstrate to the satisfaction of the Board the ability or willingness to eliminate problems associated with the repair garage or used vehicle sales area operation.

(b) The Board may also determine that a certificate of occupancy should not be revoked if it makes the following findings:

(i) The violations specified in the Order were corrected on or before the hearing date; and

(ii) The owner or operator of the repair garage or used vehicle sales area has paid the fine specified in

13

read:

read:

Subdivision 17 of this subsection with respect to each such violation. ·


Sec. 18. New Subdivision 17 of Subsection I of Section 12.26 is amended to

17. Fine Schedule. The fine for each violation as specified in the Notice shall be as specified in Section 98.0402(f)2B of the Code.

Sec. 19. New Subdivision 18 .of Subsection I of Section 12.26 is amended to

18. Repeat Violations. Notwithstanding any provisions of this subsection to the contrary, if an Order is issued pursuant to this subsection and after compliance with it a subsequent Order is issued for a violation of the same provisions occurring within one year of the date of the initial order: ·

(a) The repair garage or used vehicle sales area operator shall pay a fine as specified in Section 98.0402(f)1 of the Code for each violation of the same provision occurring within one year of the date of the initial Order. This fact shall be stated in the subsequent Order.'

(b) The compliance date for any such Order shall be no more than ten days from the date of mailing of such notice.

(c) No extensions of the compliance date shall be granted.

(d) The amounts set forth in the fine schedule in Subdivision 16 of this subsection ~hall be doubled if a Notice is issued pursuant to the subsequent Order. ·

Sec. 20. Section 80.01.1 is amended to read:

SEC. 80.01.1 ARREST AUTHORITY.

Every Traffic Officer of.th~ Transportation Department shall have the power, authority a·nd immunity of a public officer or employee, as set forth in the

14

Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has in his or her presence committed a violation of any criminal regulation set forth in Chapter VIII of the Municipal Code and the following sections of the Los Angeles Municipal Code:

12.21A1(a) 12.21A6 12.21A8 12.21C1(g) 12.26E 12.26 I 4 41.14 41.45 42.00 56.08

56.11 62.45(b) 62.49(a) 62.51-1 (e) 62.79 62.80 62.96(a) 62.130 64.30 with respect to storm drain systems and waters of the State

66.25 67.02(a) 91.1608 94.0605(d) 96.02 114.04 114.05

or is a violation of State of California Penal Code Section 556 or 556.1. The provisions of Penal Code Section 836.5 regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.

Sec. 21. Section 80..73.1 is amended by adding a new Subsection (e) to read:

(e) While in the process of enforcing this section, any . enforcement agency shall have the right to demand copies of the report of vehicles in the custody of any automotive repair site or used sales area as specified in Section 12.21 14 of this Code.

Sec. 22. Subsections (e) and (f) of Section 98.0402 are amended to read:

(e) Annual Inspection Fee. Whenever the Department of · Building and Safety makes annual inspections pursuant to Sections 12.26 F 3, 12.26 15 and 13.03 of the L,os Angeles Municipal Code (or any other provision of this Code) the Department shall collect a fee for inspection of each "recycling center" and "yard" as defined in Section 12.26 F 1 , each vehicle ''.repair garage" and "!Jsed vehicle sales area" as defined in Section 12.26 I 1, and each "surface mining operation" as defined in Section 13.03 B, the annual inspection fees shall be as follows:

1. For each recycling center, yard, repair garage or used vehicle sales area ................... $355.00

15

2. For each surface mining operation a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $265.00

(f) The Department shall co[lect an amount levied by penalty fine from every owner or operator of a yard, repair garage or used vehicle sales area, as described in Subsection (e) above, for the following violations of the Los Angeles Municipal Code:

1. Repeat Violation. Pursuant to Sections 12.26 F 15 and 12.26 I 18 of the Los Angeles Municipal Code, a penalty fine of $200.00 shall be le'(ied when _cited in a subsequent notice to comply for the same violation.

2. Notice of Revocation

A. Pursuant to Section 12.26 F 14 of the Los Angeles Municipal Code, penalty fines shall be levied for the following recycling center and yard violations as specified in the notice of intent to revoke:

(i) Required wall or fencing in disrepair . . . . . . . . . . . . . . . . . . . . . . . . . . . $750.00

(ii) Vehicle or other material stacked or piled above the height

standards as specified in this Code ............................ $750.00

(iii) Storage of vehicles or other materials outside of the required walls or fences surrounding the yard ...... $750.00

· (iv) Failure to provide or maintain the required minimum number of parking spaces ............... $750.00

(v) Dismantling, repairing, wrecking, modifying, processing, stripping, or otherwise working on any ve~icles or other automotive parts or materials outside the required wall or fence . . . . . . . . . . . . . . . . . $750.00

16

(110645)

- -(vi) All other violations . . . . . . . . . . . $300.00

B. Pursuant to Section 12.26 I 17 of the Los Angeles Municipal Code, fines shall be levied for the following repair garage and used vehicle sales violations as specified in the notice of revocation:

(i) Failure to provide and maintain required walls or fences . . . . . . . . . . . . . . . $750.00

(ii) Failure to provide and maintain a flilly enclosed building for body and fender repair . . . . . . . . . . . . . . . . . . . . . . . . $750.00

(iii) Failure to provide and maintain an approved spray booth within an enclosed building . . . . . . . . . . . . . . . . . . . . $750.00

' (iv) Failure to provide and maintain

a building enclosec;i on three sides for repairs other than body and fender . . . . . . . $750.00

(v) Failure to provide and maintain a building required for the operation of any vehicle hoists . . . . . . . . . . . . . . . . . . . . $750.00

(vi) Failure to maintain open and accessible customer parking . . . . . . . . . . . . $750.00

(vii) Failure to pay annual inspection fee within 60 days of assessment ......................... $750.00

(viii) Failure to provide vehicle record when requested . . . . . . . . . . . . . . . .. $750.00

(ix) All other violations of the ·provisions of the Muni.cipal Code ......... $300.00

'

17

Sec. 23. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City Hall; one copy on the bulletin board located at the ground level at the Los Angeles Street entrance to the Los Angeles Police Department; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of _________ _

Approved _________ _

Approved as to Form and Legality

Rockard J. Delgadillo, City Attorney

IEDORF CARDENAS ity Attorney

Date: April 11, 2005

FRANK T. MARTINEZ, City Clerk

Deputy

Mayor

Pursuant to Charter Section 559, I approve this ordinance on behalf of the City Planning Commission and recommend it be adopted ..... .

April 11, 2005

· File No.! _CF_~-1-2324, 02-1~69 ?,i:,d-03::03.17·'

I -•• -- :J

! J. MICHAEL CAREY City Clerk

_TY OF Los ANGELE. Office of the

· FRANK T. MARTINEZ Executive Officer


CF 02-1560 CPC 2003-4015 CA

January 9, 2004

Con Howe, Director of Planning Planning Department Attn: Code Studies Unit - Simon Pastucha

REQUEST FOR FINAL ORDINANCE:

CALIFORNIA

JAMES K. HAHN MAYOR

CITY CLERK Council and Public Services

Room 395, City Hall Los Angeles, CA 90012 .

Council File Information - (213) 978-1043 General Information - (213) 978-1133

Fax: (213) 978-1040


RELATIVE TO AMENDING THE LOS ANGELES MUNICIPAL CODE BY ADDING REGULATIONS GOVERNING THE LOCATIONS AND SIZES OF RECYCLING COLLECTION AND BUYBACK CENTERS THAT ARE TYPICALL YTRANSIENT AND LOCATED NEAR GROCERY MARKETS, ETC.

At its meeting held January 7, 2004 (continued from prior meetings), the Planning and Land Use Management Committee considered the attached communication from the City Planning Commission and draft Ordinance relative to amending the Los Angeles Municipal Code (LAMC) Section 12.21A 18 regulating governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocery markets; and Section 12.26 F adding recycling c;;enters and facilities to the uses requiring annual inspections. The Committee approved the proposed Ordinance and instructed the Planning Department to proceed with the final Ordinance as adopted in its meeting of September 11, 2003 [pursuant to Motion (Perry -Reyes]).

Please trans.mit your report and final Ordinance to the Planning and Land Use Management Committee, in care of.the City Clerk's Office, Room 395, City Hall. .-·"'/

/'~!J~ Barbara Greaves Legislative Assistant Planning and Land Use Management Committee, 213-978-1068

attachment:

cc: Reckard J. Delgadillo, City Attorney Attn: Jeri Burge

Andrew A. Adelman, General Manager pepartment of Building and Safety Attn: David Keim

# 0215601trA

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable ard made from recycled waste. @

Los A Jeles City Plannin-ommission· · 200 North Spring Street, Room 532, City Hall, Los Angeles, CA 90012 (213) 97,8-1300

www.cityofla.org/PLN/index.htm

Date: OCT .1 7 am

Planning and Land Use Management Committee of the Council of the City of Los Angeles City Hall, Room 395 Los Angeles, CA 90012

ATTN: Barbara Greaves, Legislative Assistant

CITY PLAN CASE NO. 2003-4015-CA

Transmitted herewith is a proposed ordinance (Appendix A) that amends Sections 12.21 and 12.26 of the Los Angeles Municipal Code. The proposed ordinance (Appendix A) amends two Sections of the Los Angeles Municipal Code. Section 12.21 A 18(c) is amended to add regulations governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocery markets. This Section will also be expanded to apply the requirements of Section 12.21 A 18(d)(3) through (19) for these same facilities. Section 12.26 F

· is amended to add recycling centers and facilities to the uses requiring annual inspections.

On September 11, 2003, following a public hearing, the City Planning Commission adopted the attached report and findings of the Planning Department staff as its raport and findings, and approved the proposed ordinance.

This action was taken by the following vote:

Moved: Seconded: Ayes: Absent: Vote:

Attachments:

Chang Mindlin Brown, Dominguez, Klein, McCallum, Menzer, Schiff Lopez 8-0

le Williams, Commission Executive Assistant City Planning Commission

Findings, Revised Appendix A (Ordinance)

cc: Jeri Burge, Deputy City Attorney, Land Use Division

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CPC-2003-4015-CA

FINDINGS:

That the City Council:

Adopt the staff report dated September 11, 2003 as its report on the subject.

Adopt the findings in the staff report dated September 11, 2003.

The City Planning Department recommends that the City Planning Commission, in accordance with Charter Section 558, find:

1. In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) is in substantial conformance with the purposes, intent, and provisions of the General Plan. to reinforce the goal identified in the Framework Element of the General Plan that identifies specific standards to enhance and/or conserve the appearance and functionality of commercial areas. The ordinance provides improved standards for the location, size, operation, and maintenance of a variety of recycling centers, as well as additional mechanisms for stricter enforcement of Code provisions that will better the appearance of neighborhoods. These provisions of the proposed ordinance will reinforce the goals identified in the Framework Element of the General Plan for enhancing and conserving the appearance and functionality of commercial areas.

2. In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) will have no adverse effect upon the General Plan, specific plans, or any other plans being created by the Department of City Planning because the proposed ordinance is consistent with the General Plan and carries out. the General Plan goals, policies and objectives discussed above. There will be no substantive changes made to the existing Los Angeles Municipal Code; therefore there will be no effects on any above-referenced plans.

3. In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) will be in conformity with the public necessity, convenience, general welfare and good zoning practice in that improved regulations for the location, size, operation, and maintenance of recycling centers, as well as stricter enforcement of the regulations, will decrease the potential for the recycling facilities to generate public nuisance and impacts on surrounding properties and the community. ·

4. The proposed ordinance (Appendix A) is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2, Subsection (m) of the City's Guidelines (ordinances which do not of themselves have an impact on the physical environment). Each individual project will have its own environmental clearance.

CPC-2003-4015-CA

PROPOSED ORDINANCE

THE PEOPLE OF THE CITY OF LOS ANGELES DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Subparagraphs (3) through (5) of Paragraph (c) of Subdivision 18 of Subsection A of Section 12.21 of the Los Angeles Municipal Code are hereby added to read as follows:

.(fil No portion of the recycling operation may be closer than 100 feet to an A or R Zone.

(4) The area for depositing recyclable materials shall not exceed a total of 600 square feet.

.(fil The requirements of Subsection 12.21 A 18 (d) (3) through (d) (19) must be complied with at all times except that no reduction of any kind in required parking spaces is allowed.

Section 2. Subsection F of Section 12.26 of the Los Angeles Municipal Code is hereby amended to read as follows:

F. Automobile Dismantling Yards, Junk Yards, aml Scrap Metal Materials Processing Yards, and Recycling Centers .

.L. Definitions. As used in this subsection, the following terms have the definitions specified herein. The term "yard" means any automobile or truck dismantling yard, junk

.yard, scrap metal processing yard or any open storage location where used materials and equipment of any kind, including vehicles, boats, or airplanes which are inoperable, wrecked, damaged, or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles, are stored or processed. The term "recycling center" means any "Recycling Center, Mobile", "Recycling Center Operator or Junk Dealer", "Recycling Collection or Buyback Center", "Recycling Materials Processing Facility", or"Recycling Materials Sorting Facility", as defined in Section 12.03 of the Los Angeles Municipal Code. The term "Superintendent" means the Superintendent of Building or his or her authorized representative. The term "Board" means the Board of Building and Safety Commissioners. The term "Department" means the Los Angeles Department of Building and Safety.

CPC-2003-4015-CA

2. Applicability. The provisions of this subsection shall apply to every yard and recycling center operating pursuant to a valid certificate of occupancy. In addition, these provisions shall be applicable to every yard and recycling center operating without a certificate of occupancy pursuant to Section 12.23 of the Municipal Code, and as to such yards or recycling centers. any revocation proceedings authorized by these provisions shall be deemed to be proceedings to revoke and void any rights otherwise granted by Section 12.23.

3. Inspections. The Department of Building and Safety shall make an inspection of each yard or recycling center at least once a year to verify compliance with all applicable provisions of the Los Angeles Municipal Code. An annual inspection fee, as specified in Section 98.0402 (e) of the Los Angeles Municipal Code, shall be collected by the Department. An inspection may also be made whenever a complaint is received by the Department concerning a yam violation of the Municipal Code or as needed to verify continued compliance with applicable Municipal Code requirements. If there are one or more accessory yartls not contiguous to the main yard. an additional fee of one half the annual inspection fee shall be charged for each such accessory yartl. Accessory storage only yards, where no business is conducted, which are nearby but not contiguous with a main yard may be approved and inspected with an additional fee of one half of the annual inspection fee for each such yard.

4. Notice to Comply. If a yard or recycling center so inspected is found to be in violation of any provision of the Municipal Code. the Superintendent shall send a notice to comply to the owner of the property and the operator of the yard or recycling center. The notice to comply shall clearly state the following:

@). The violation must be corrected by a compliance date specified in the notice. which date shall be no more than 30 days from the date the notice is mailed .

.(Q} The compliance date as specified in the notice may be extended for an additional period not to exceed 45 days if the owner or operator of the yard or recycling center presents satisfactory evidence to the Superintendent that unusual difficulties prevent substantial compliance without such extension .

.(ru Failure to correct the violation on or before the compliance date or any authorized extension thereof will lead to commencement of certificate of occupancy revocation proceedings. Such proceedings will terminate with a revocation hearing, which hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 14 of this subsection.

CPC-2003-4015-CA

. 5. Reinspection. The Superintendent shall reinspect a yard or recycling center

for which a Notice to Comply was issued pursuant to this subsection subsequent to the compliance date or any authorized extension thereof.

6. Citation authority prior to Revocation Notice. Ah arrest may be made or citation issued as per Section 98.0408 of the Los Angeles Municipal Code if the violations noted in a notice to comply are not corrected on or before the due date noted upon such notice. This action does not preclude the commencement of revocation of certificate of occupancy proceedings.

67. Failure to Correct Violation: Revocation Proceedings. If any violation specified in a notice or a citation to comply is not corrected prior to the compliance date or any extension thereof, or if the annual inspection fee has not been paid within 60 days of assessment, then certificate of occupancy revocation proceedings shall be commenced by issuance of a notice of revocation, which shall be sent to the owner of the property and the operator of the yard or recycling center subsequent to any reinspection pursuant to Subdivision 5 of this subsection. The notice of revocation shall state the following:

.(fil The date and place of the revocation hearing, which shall be scheduled at least 15 days and not more than 90 days from the date of issuance of the notice of revocation.

.(Q1 A list of all violations uncorrected as of the compliance date .

.(g Copies uf all inspection reports related to such violations, unless such copies were previously furnished to the owner or operator.

@ Termination of revocation proceedings .may only be obtained if each violation noted in the notice of revocation is corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subdivision 14 of this subsection.

' .(fil The owner or operator is entitled to be represented by legal counsel at any revocation hearing.

ill Each violation of the Municipal Code and each day of operation without a certificate of occupancy' is a misdemeanor.

+8. Termination of Revocation Proceedings. The Superintendent shall terminate certificate of occupancy revocation proceedings upon a finding that each violation of this Municipal Code specified in the notice of revocation has been corrected and the fine specified in such notice has been paid. Such termination may only occur on or before the date of the revocation hearing.

89. Revocation Hearing. On the date specified in the notice of revocation, a certificate of occupancy revocation hearing shall be held. The Board may appoint a Hearing Examiner to conduct such hearing, which Examiner shall not be any individual who ;participated in the issuance of any of the notices required by this subsection. Subpoenas may be issued pursuant to Section 98.0307 of the Municipal Code. The hearing shall be

CPC-2003-4015-CA

conducted pursuant to the provisions of Sections 93.0308 and 98.0309 of the Municipal Code.

91 O. Hearing Examiner's Report. Within 30 days of the last day of the revocation hearing, the Hearing Examiner shall report his findings and recommendations in writing to the Board.

4911. Board Determination. Within 15 days of receipt of the Hearing Examiner's report, the Board shall determine whether the certificate of occupancy stiall be revoked. Such revocation shall be ordered by the Board if it finds that any required fines have not been paid or any of the violations specified in the notice to comply were not corrected on the revocation hearing date, except for the circumstances stated in the next paragraph.


.{fil Taken together, the violations specified in the notice to comply and uncorrected as of the revocation hearing date have such a minimal adverse effect on neighboring properties or on the general public as to not warrant revocation .

.(Ql The owner or operator of the yard has paid the fine specified in Subdivi_sion •· 14 of this section with respect to each such uncorrected violation.


4412. Loss of Nonconforming Rights. Notwithstanding any provision of this Municipal Code to the contrary, where a certificate of occupancy is revoked pursuant to this subsection, a new certificate of occupancy for. the property may only be issued if all requirements of the Municipal Code in effect at the time of issuance of such new certificate are satisfied. In the case of a site that has no valid certificate of occupancy or use of land permit, any and all rights granted by Section 12.23 are revoked.

4213. Appeals. Notwithstanding any provision of the Municipal Code to the contrary, there shall be no appeal to the Board of Building and Safety Commissioners from any notice issued or determination made by the Superintendent pursuant to this Subsection F.

4314. Repeat Violations. Notwithstanding any .provision of this subsection to the contrary, if a Notice to Comply is issued for violation of a provision of the Municipal Code, and after compliance with it, a subsequent Notice to Comply is issued for a violation of the same provision occurring within one year of the date of the initial'notice:

CPC-2003-4015-CA

.(fil Each violation cited in a subsequent Notice to Comply shall carry a fine as specified in Section 98.0402 (f) 1 of the Los Angeles Municipal Code and shall be paid prior to the compliance date. If this fine is not paid by the compliance date, the fine shown in the fine schedule in Subdivision 14 shall supersede it.

.{Q} The compliance date for any such notice to comply shall be no more than ten days from the date of mailing of such notice. · .(fil No extension of the compliance date may be granted.

@ The amounts set forth in the fine schedule in Subdivision 14 of this subsection shall be doubled if revocation proceedings were started for any previous Notice to Comply.

4415. Fine Schedule. The fine specified in the Notice of Revocation shall be: __ ..,..{a=) A fine as specified in Section 98.0402,(f),2,A of the Los Angeles Municipal Code shall be levied for each of the following violations:

ill Wall or fencing in disrepair.

___ {2_) Vehicles or materials of any kind stacked or piled above the height standards specified in the Municipal Code.

--~<3-) Storage of vehicles or materials outside the required walls or fences surrounding the yard or recycling center.

___ {4-) Failure to provide or maintain the required loading space or the required minimum number of parking spaces, including any required handicapped spaces and necessary striping. ,

.{fil · Dismantling, repairing, wrecking, modifying, processing, stripping, crushing, melting, or otherwise working on any vehicles, or other vehicle parts, 6f materials or equipment of any kind outside the required wall or fence.

!fil Failure to maintain required landscaping.

ill Failure to maintain recycling center sites free of all non-recyclable trash and debris and failure to maintain recyclable material in appropriate containers .

.{fil Failure to pay annual inspection fee within 60 days of assessment.

.{Q} A fine for each violation as specified in Section 98.0402,(f),2,A of the Los Angeles Municipal Code shall apply to all other violations specified in the Notice of Revocation.

Section 3. The City Clerk shall certify ...

·,, . . . . j ' {.

PLANNtNG & IND USE tv1J\NAGEMENT

MOTION JUL19·2002 -~

Recycling centers and used auto lots contribute to the local economy of the City of Los Angeles.· These businesses, ~hen operated properly, enhance the environment, and services a sector of the community in need of affordable transportation, respectively.· However, when recycling centers and used auto lots are not in compliance with City ordinances and

' requirements, both types of business can contribute to blight and urban decay in the · community.

To address the co:ncerns that result from non-compliant recycling centers and used auto lots, it should be necessary for the Department of Building and Safety to annually inspect the following business entities: Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; ReGycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility Automobile and Trailer Sales Areas.

In. bringing the aforementioned business entities under the purview of the Department of Building and Safety's annual inspection program, the City can ensure that non-compliant businesses can be monitored and, if necessary, exercise its enforcement jurisdiction to compel compliance with all_ ordinances ~d requirements.

I THEREFORE MOVE that the City Attorney be requested to prepare and present an ordinance to include recycling centers and used auto lots under an annual Building and Safety . inspection program, an~ as further detailed below:

1

ak

1. Amend section 12.26 f of the Municipal Code (LAMC) to include Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; Recycling Collection or Buyback C~nter; Recycling Materials Processing Facility; and Recycling Materials Sorting. Facility, as defined in sectioJ.?. 12.03 of the LAMC.

2. Amend section of 12.26 I. 3 (e) of the Municipal Code (LAMC) to include Automobile and Trailer Sales Areas as defined in section 12.03 of the LAMC.

PRESENTED BY:

SECONDED BY:

CITY~-\ LOS ANGELES SPEAKER (--~RD

Council File No., Agenda Item, or Case No.

I wish to speak before the ---'-f_f...._/A'-VJ!J~---=U.=t1i.,_.,,'l/l/=A1--'--'/.....:..,£_'&--'-~------------------Name of City Agency, Department, Committee or Council

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? ( ~osal . _£_ ~ ( ) Against proposal

Name ff, l:7/! ' ( ) General comments

Business or Organization Affiliation: ~.t:..l.f-~---------------------------

Address: _ __.,t/_7t?_.......5___;,7._,_, --'{l;,::;...:_~=..;l-'l""-~-"-',f\:..c.....;( ____ __:l:.-1./t_,___ ____ _.._.C:aL.J:/J,____--=CZ,-'t:Y_~~--T City State Zip

Business phone: · {;2? <1._l{/--Jl6j Street

Representing:----------------------

CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION BELOW: D Client Name: ____________________________ Phone#: _____ _

Client Address:-------------------------------------Street City State Zip

Please see reverse of card for important information and submit this entire card to the presiding officer or chairperson.

---- -- -- - -- --

-~ ~ CITY __ _,; LOS ANGELES SPEAKER (_,, "RD

I Date t/ 7/t'J,I-Council File No., Agenda Item, or Case No.

/,Ef11 2- LP. o 2.,-15 ~O

I wish to speak before the ________ --P __ l-_U_H-"''---------------------Name of City Agency, Department, Committee or Council

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? ( K).,For proposal ( ) Against proposal ( ) General comments Name: __ d_!---"{'1---L-__ H~~....<£:....!.......:U:.__.,./~5~7_0-----=-A/=-----------

Business or Organization Affiliation: --=-t?Hc~,__,_,'""'"-'ft"--"----------------------

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Client Address:---------------------------=-------=------Street City State Zip


..,- .. 1 ~-~,

CITY ,j~ LOS ANGELES SPEAKER \ ...... ~"'RD

I Date/~ r;~oy I

I wish to speak before the ___ P_l __ (Jf __ V\11 __________________________ _ Name of City Agency, Department, Committee or Council

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? ( ) For proposal ____,-- ~ ( ( ) Against proposal

Name: '(01,,-, ~'1 § ~ General comments

Business or Organization Affiliation: -E----a..~5~~~----&c-=·~(_c_, __ G_Wc_~_v..,...ffU,_ __ ro __ ~--~--------Address: __ sv __ ?-tr-e~-t ----~~--'----i/fuf--"--=A--'--"'7-C_ity ______ __,,C=-s-'--~-te---~.&-Zi_p0_0---'y----,-,/ __

Business phone: ________ Representing:----------------------

CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION BELOW: D Client Name: ____________________________ Phone#: ____ _



01-2324 CPC 2003-5266 CA

02-1560 CPC 2003-4015 CA

(15) Report from the City Planning Commission.and draft Ordinance relative to amending the Los Angeles Municipal Code (LAMC) by adding a definition for used vehicle sales area(s) or lot(s), establishing an annual inspection fee and basic standards for the operation of used vehicle sales area(s) or lot(s) under the authority of the Department of Building and Safety, including clarifying language and technical changes !o the operation of automotive repair uses.

Fiscal Impact Statement Submitted: Yes, by Commission

DISPOSITION --------------------------(16)

Report from the City Planning Commission and draft ordinance relative to amending the LAMC to add regulations governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocery markets; and to add recycling centers and facilities to the uses requiring annual inspections.

Fiscal Impact Statement Submitted: No

rnspos1T10N __ --=W~-~~-'......,a..._-,.....,.J_.,f;--=~'------------(17)

03-2317 Report from City Planning Commission and draft ordinance requires public hearings and CPC 2003-4151 CA notifications for parcel map and private street applications and allows the Advisory Agency, with

adjacent property owriers' approvals, to waive such public hearings for non-controversial cases. The ordinance provides the Advisory Agency with the discretion· to approve minor deviations from yard requirements as part of a tract map or a parcel map, including the width of passageways between habitable structures. The ordinance also makes the City Planning or Area Planning Commission the final decision maker for appeals of parcel maps and private streets.

CF 03-0317

Fiscal lmpac~ Statement Submitted: No

DISPOSITION _____________ ---"----------'---

(18)· Motion (Perry-Reyes) requesting that the City Attorney and the Planning Department report relative to the feasibility using a quasi-judicial administrative process to determine whether a business, in accordance with federal, state, or municipal law, has lost its deemed approved status, said process to include further authority to abate any nuisance that emanate from a recycling center, imposition of conditions, and the suspension or revocation of the use's deemed

· to be approved status; and, requests for the City Attorney to prepare ordinance to sunset within three years all existing recycling centers uses of land, not located within an M2 zone, and to amend Section 12.21 A 18 of the LAMC to require all recycling centers, regardless of their "deemed to be approved status," to be subject to all laws and conditions, notwithstanding Section 12.24L.


DISPOSITION ______________________ _

PLANNING AND LAND USE MANAGEMENT COMMITTEE Wednesday, December 3, 2003

03-2277 VTT53804 CO2

03-1801 CPC 2001-2806 CU zv ZA 96-0054 CUZ ZV PAD PA CD12

,. • (13)

TIME LIMIT: 12-16-03; LAST DAY FOR COUNCIL ACTION: 12-16-03 Tract Map appeals filed by Gary Ross and Allison Thomas; Vincent Gage; Wendy A. Hendrickson; Allan and Lisa Sarkin; Ross and Michele Abrash; Allison Thomas and Gary Ross; Michael and Karen Camp; Beverly and Michael Grillo; Ronald W. Taylor; William A. Vossler; and Vincent Gage from the entire determination of the South Valley Area Planning Commission in denying the appeals and sustaining the decision of. the Advisory Agency in approving the

· Tentative Tract No. 53804 requesting 5-lot single-family subdivision on approximately 77,239 square feet site located at 11540 Kelsey Street. ·

Applicant: Ami Real Estate

(Commission Vote: 3-1)


MND

DISPOSITION ______________________ _

.. t/ ? .. ~., j t, - ~~ , i·· ,(14) ,,·-' 'i •. ,,:,

CONTINUED FROM 10-29-03 and 1.1-19-03; COUNCIL 12-16-03 TIME LIMIT: 12-16-03; LAST DAY FOR COUNCIL ACTION: 12-16-03 Appeal filed by Hillcrest Christian Church and School·(Mark S. Armbruster, representative) from the entire determination of the City Planning Commission in denying the following for the property located at 17531, 17551, 17563 Rinaldi Street and 11515, _11525 Shoshone Avenue: 1) A Conditional Use Permit for the construction, use and maintenance of a new 2 and 3 story, 45-foot in height, 75,000 square-foot private school for middle and high school, which includes 21 classrooms, a gymnasium, a play area, administration offices, cafeteria, library and student store, and to allow a side yard on the west to have a variable setback of 10 to 25 feet in lieu of 25 feet; and, 2) A Zone Variance to allow 148 on-site parking spaces in lieu of the 286 required; and to permit walls ranging in height from 6 to 26 feet in the side and rear yards in lieu of the permitted 6 feet; and 3) Approval of plans to·modify the conditions (Nos. 7, 15, 20, and 31) under Case No. ZA 96-0054(CUZ)(ZV) (PAD) for the existing school, relative to enrollment, hours of operation, and parking and drop-off and pick-up. ·

Applicant: Hillcrest Christian Church and School

(Commission Vote: 5-1) EIR

_Fiscal Impact Statement Submitted: No

DISPOSITION ______________________ _

PLANNING AND LAND USE MANAGEMENT COMMITIEE Wednesday, December 3, 2003

,__...._ ' ' -- - '~

CITY ,_/ LOS ANGELES SPEAKER (__ _ lRD

Council File No., Agenda Item, or Case No.

/I e??-i -/t;{j}

1 wish to speak before the f/Jm C#fY/1J7 l /!ee Name of City Agency, Department, Committee or Council /

c,i:,.-f1'"'",:,r,ovide general public comment, or to speak for or against a proposal on the agenda? ( l.fror proposal Tl t ( ) Against proposal

Name: Id Wt ( ) General comments

Business or Organization Affiliation: ----1----1--------------------------

Address: I) 3 Street

Business phone: t, 23 <!_qt ~ 2£/fJ CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION D Client Name: ____________________________ Phone#: ____ _



- -------

,.--.. .. --( '

CITY l_) LOS ANGELES SPEAKER (_RD

I Date

I l--/ z.,,/t'JJ Council File No., Agenda Item, or Case No.

!'-r frl1 1 ~ ~r C') z.-15 t;;,o

I wish to speak before the _________ r_l-_U_M__;_ __________________ _ Name of City Agency, Department, Committee or Council

Do you wish to provide general public comment, or to speak for or against a proposal on the agenda? ( ) For proposal ( ) Against proposal ( ) General comments Name: -~d~r~M~~M~f-_(g"'9,--"l)_{C;_Ti_O_IU--+t~B~L~k_/V_tV~l~M-~_-a:+-"· ~P~· -

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Business phone: '32.;2- 1-44-{g7?Z. Representing: -~---'-...;___4__,_ _____________ _

CHECK HERE IF YOU ARE A PAID SPEAKER AND PROVIDE CLIENT INFORMATION BELOW: D Client Name: ___________________________ Phone#: ____ _

Client Address: ---------------c-·,1y--------------------Street State Zip


Los Ar ·etes City Planning "ommission 200 North Spriri~ dtreet, Room 532, City Hall, Los Angel1..-, CA.90012 (213) 978-1300

www.cityofla.org/PLN/index.htm

Date: OCT 17 2lXJ3

Planning and Land Use Ma_nagement Committee of the Council _of the City of Los Angeles City Hall, Room 395 .- -.: Los Angeles, CA 90012 ·~·

ATTN: Barbara Greaves, Legislative Assistant

J Transmitted herewith is·~-~roposed ordinance (AppendixA)tha~amends Sections 12.21 and 12.26 (

CITY PLAN CASE NO. 2003-4015-CA 11

·J of the Los Angeles Municipal Code. The proposed ordinance (Appendix A) amends two Sections of the Los Angeles Municipal Code. Section 12.21 A 18(c) is amended to add regulations governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocE;!ry markets. This Section will also be expanded to apply the requirements of Section 12.21 A 18(d)(3) through (19) for these same facilities. Section 12.26 F is amended to add recycling centers and facilities to the uses requiring annual inspections.

On September 11, 2003, following a public hearing, the City Planning Commission adopted the attached report and findings of the Planning Department staff as its report and findings, and approved the proposed ordinance.

This action was taken by the following vote:

Moved: Seconded: Ayes: Absent: Vote:

Attachments:

Chang Mindlin Brown, Dominguez, Klein, McCallum, Menzer, Schiff Lopez 8-0

le Williams, Commission Executive Assistant City Planning Commission

,_ Findings, Revised Appendix A (Ordinance)

cc: Jeri Burge, Deputy City Attorney, Land Use Division

PLAN & LAND USE MGt:

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OCT 2 2 2001

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CPC-2003-4015-CA

FINDINGS:

That the City Council:

Adopt the staff report dated September 11, 2003 as its report on the subject.

Adopt the findings in the staff report dated September 11, 2003.


1. In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) is in substantial conformance with the purposes, intent, and provisions of the General Plan. to reinforce the goal identified in the Framework Element of the General Plan that identifies specific standards to enhance and/or conserve the appearance and functionality of commercial areas. The ordinance provides improved standards for the location, size, operation, and maintenance of a variety of recycling centers, as well as additional mechanisms for stricter enforcement of Code provisions that will better the appearance of neighborhoods. These provisions of the proposed. ordinance will reinforce the goals identified in the Framework Element of the General Plan for enhancing and conserving the appearance and functionality of commercial areas.

2. In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) will have no adverse effect upon the General Plan, specific plans, or any other plans being created by the Department of City Planning because the proposed ordinance is consistent with the General Plan and carries out the General Plan goals, policies and objectives discussed above. There will be no substantive changes made to the existing Los Angeles Municipal Code; therefore there will be no effects on any above-referenced plans.

3. In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) will be in conformity with the public necessity, convenience, general welfare and good zoning practice in that improved regulations for the location, size, operation, and maintenance of recycling centers, as well as stricter enforcement of the regulations, will decrease the potential for the recycling facilities to generate public nuisance and impacts on surrounding properties and the community.

4. The proposed ordinance (Appendix A) is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2, Subsection (m) of the City's Guidelines (ordinances which do not of themselves have an impact on the physical environment). Each individual project will have its own environmental clearance.

CPC-2003-4015-CA

PROPOSED ORDINANCE

THE PEOPLE OF THE CITY OF LOS ANGELES DO HEREBY ORDAIN AS FOLLOWS:


.Ql No portion of the recycling operation may be closer than 100 feet to an A or R Zone.

(4) The area for depositing recyclable materials shall not exceed a total of 600 square feet.

@ The requirements of Subsection 12.21 A 18 (d) (3) through (d) (19) must be complied with at all times except that no reduction of any kind in required parking spaces is allowed.


F. Automobile Dismantling Yards, Junk Yards, 8fld Scrap Metal Materials Processing Yards, and Recycling Centers .

.L Definitions. As used in this subsection, the following terms have the definitions specified herein. The term "yard" means any automobile or truck dismantling yard, junk

. yard, scrap metal processing yard or any open storage location where used materials and equipment of any kind, including vehicles, boats, or airplanes which are inoperable, wrecked, damaged, or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles, are stored or processed. The term "recycling center" means any "Recycling Center, Mobile", "Recycling Center Operator or Junk Dealer", "Recycling Collection or Buyback Center", "Recycling Materials Processing Facility", or "Recycling Materials Sorting Facility", as defined in Section 12.03 of the Los Angeles Municipal Code. The term "Superintendent" means the Superintendent of Building or his or her authorized representative. The term "Board" means the Board of Building and Safety Commissioners. The term "Department" means the Los Angeles Department of Building and Safety.

CPC-2003-4015-CA

2. Applicability. The provisions of this subsection shall apply to every yard and recycling center operating pursuant to a valid certificate of occupancy. In addition, these provisions shall be applicable to every yard and recycling center operating without a certificate of occupancy pursuant to Section 12.23 of the Municipal Code, and as to such yards or recycling centers, any revocation proceedings authorized by these provisions shall be deemed to be proceedings to revoke and void any rights otherwise granted by Section 12.23.

3. Inspections. The Department of Building and Safety shall make an inspection of each yard or recycling center at least once a year to verify compliance with all applicable provisions of the Los Angeles Municipal Code. An annual inspection fee, as specified in Section 98.0402 (e) of the Los Angeles Municipal Code, shall be collected by the Department. An inspection may also be made whenever a complaint is received by the Department concerning a 'f8fd: violation of the Municipal Code or as needed to verify continued compliance with applicable Municipal Code requirements. If there are one or more accessory yards not contiguous to the main yard, an additional fee of one half the annual inspection fee shall be charged for each such accessory yard. Accessory storage only yards, where no business is conducted, which are nearby but not contiguous with a main yard may be approved and inspected with an additional fee of one half of the annual inspection fee for each such yard.

4. Notice to Comply. If a yard or recycling center so inspected is found to be in violation of any provision of the Municipal Code, the Superintendent shall send a notice to comply to the owner of the property and the operator of the yard or recycling center. The notice to comply shall clearly state the following:

@l The violation must be corrected by a compliance date specified in the notice, which date shall be no more than 30 days from the date the notice is mailed .

.(Ql The compliance date as specified in the notice may be extended for an additional period not to exceed 45 days if the owner or operator of the yard or recycling center presents satisfactory evidence to the Superintendent that unusual difficulties prevent substantial compliance without such extension .

.(g} Failure to correct the violation on or before the compliance date or any authorized extension thereof will lead to commencement of certificate of occupancy revocation proceedings. Such proceedings will terminate with a revocation hearing, which hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 14 of this subsection.

CPC-2003-4015-CA

5. Reinspection. The Superintendent shall reinspect a yard or recycling center for which a Notice to Comply was issued pursuant to this subsection subsequent to the compliance date or any authorized extension thereof.

6. Citation authority prior to Revocation Notice. An arrest may be made or citation issued as per Section 98.0408 of the Los Angeles Municipal Code if the violations noted in a notice to comply are not corrected on or before the due date noted upon such notice. This action does not preclude the commencement of revocation of certificate of occupancy proceedings.

67. Failure to Correct Violation: Revocation Proceedings. If any violation specified in a notice or a citation to comply is not corrected prior to the compliance date or any extension thereof, or if the annual inspection fee has not been paid within 60 days of assessment, then certificate of occupancy revocation proceedings shall be commenced by issuance of a notice of revocation, which shall be sent to the owner of the property and the operator of the yard or recycling center subsequent to any reinspection pursuant to Subdivision 5 of this subsection. The notice of revocation shall state the following:

@l The date and place of the revocation hearing, which shall be scheduled at least 15 days and not more than 90 days from the date of issuance of the notice of revocation.

.(Ql A list of all violations uncorrected as of the compliance date.

(Ql Copies of all inspection reports related to such violations, unless such copies were previously furnished to the owner or operator.

@ Termination of revocation proceedings may only be obtained if each violation noted in the notice of revocation is corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subdivision 14 of this subsection .

.(fil The owner or operator is entitled to be represented by legal counsel at any revocation hearing.

ill Each violation of the Municipal Code and each day of operation without a certificate of occupancy is a misdemeanor.

~8. Termination of Revocation Proceedings. The Superintendent shall terminate certificate of occupancy revocation proceedings upon a finding that each violation of this Municipal Code specified in the notice of revocation has been corrected and the fine specified in such notice has been paid. Such termination may only occur on or before the date of the revocation hearing.

89. Revocation Hearing. On the date specified in the notice of revocation, a certificate of occupancy revocation hearing shall be held. The Board may appoint a Hearing Examiner to conduct such hearing, which Examiner shall not be any individual who participated in the issuance of any of the notices required by this subsection. Subpoenas may be issued pursuant to Section 98.0307 of the Municipal Code. The hearing shall be

CPC-2003-4015-CA

conducted pursuant to the provisions of Sections 93.0308 and 98.0309 of the Municipal Code.

910. Hearing Examiner's Report. Within 30 days of the last day of the revocation hearing, the Hearing Examiner shall report his findings and recommendations in writing to the Board.

4911. Board Determination. Within 15 days of receipt of the Hearing Examiner's report, the Board shall determine whether the certificate of occupancy snail be revoked. Such revocation shall be ordered by the Board if it finds that any required fines have not been paid or any of the violations specified in the notice to comply were not corrected on the revocation hearing date, except for the circumstances stated in the next paragraph.


.{g). Taken together, the violations specified in the notice to comply. and uncorrected as of the revocation hearing date have such a minimal adverse effect on neighboring properties or on the general public as to not warrant revocation .

.(Ql The owner or operator of the yard has paid the fine specified in Subdivision 14 of this section with respect to each such uncorrected violation. ·


4412. Loss of Nonconforming Rights. Notwithstanding any prov1s1on of this Municipal Code to the contrary, where a certificate of occupancy is revoked pursuant to this subsection. a new certificate of occupancy for the property may only be issued if all requirements of the Municipal Code in effect at the time of issuance of such new certificate are satisfied. In the case of a site that has no valid certificate of occupancy or use of land permit, any and all rights granted by Section 12.23 are revoked.

4213. Appeals. Notwithstanding any provision of the Municipal Code to the contrary, there shall be no appeal to the Board of Building and Safety Commissioners from any notice issued or determination made by the Superintendent pursuant to this Subsection F.

4314. Repeat Violations. Notwithstanding any provision of this subsection to the contrary, if a Notice to Comply is issued for violation of a provision of the Municipal Code, and after compliance with it, a subsequent Notice to Comply is issued for a violation of the same provision occurring within one year of the date of the initial notice:

CPC-2003-4015-CA

.(g} Each violation cited in a subsequent Notice to Comply shall carry a fine as specified in Section 98.0402 (f) 1 of the Los Angeles Municipal Code and shall be paid prior to the compliance date. If this fine is not paid by the compliance date, the fine shown in the fine schedule in Subdivision 14 shall supersede it.

.(Q1 The compliance date for any such notice to comply shall be no more than ten days from the date of mailing of such notice . .(fil No extension of the compliance date may be granted.

fQl The amounts set forth in the fine schedule in Subdivision 14 of this subsection shall be doubled if revocation proceedings were started for any previous Notice to Comply.

4415. Fine Schedule. The fine specified in the Notice of Revocation shall be: ____ (a_) A fine as specified in Section 98.0402,(f),2,A of the Los Angeles Municipal Code shall be levied for each of the following violations:

ill Wall or fencing in disrepair.

__ -,>.:(2:.,.) Vehicles or materials of any kind stacked or piled above the height standards specified in the Municipal Code.

___ (3_) Storage of vehicles or materials outside the required walls or fences surrounding the yard or recycling center.

__ _,_(4 ..... ) Failure to provide or maintain the required loading space or the required minimum number of parking spaces, including any required handicapped spaces and necessary striping.

ffil Dismantling, repairing, wrecking, modifying, processing, stripping, crushing, melting, or otherwise working on any vehicles, or other vehicle parts, 6f materials or equipment of any kind outside the required wall or fence.

@ Failure to maintain required landscaping.

ill Failure to maintain recycling center sites free of all non-recyclable trash and debris and failure to maintain recyclable material in appropriate containers.

ffil Failure to pay annual inspection fee within 60 days of assessment.

.(Q1 A fine for each violation as specified in Section 98.0402,(f),2,A of the Los Angeles Municipal Code shall apply to all other violations specified in the Notice of Revocation.


EAGLE Roc.K .NEIGHBORJioon :COD.NC.IL Po.st:bffice:Box.4i0()5. • Ea~lellock1 Califomia • 90041- 8

.... .

. . . .

October l, 2003 ~ - ;J C{- ot, 'J..3J.. [M-OJ.:~J~{ut)

RE: CPC-2003-S r; CA CPC-2003-401S-CA

Dear CPC & PLUM Members:

CJC s 3- ~3 l l CPC-2003-41Sl-CA

We are writing on behalf of the Eagle Rock Neighborhood Council's Land Use & Planning.Committee (LUPC), regarding the code amendments proposed by the CPC regarding used vehicle lots (CPC-2003-5266 CA), recycling centers (CPC-2003-4015-CA) and the subdivision of land on parcel maps and private streets (CPC-2003-4151-CA).

It is· the goal of the LUPC to provide recommendations to city agencies and officials on issues· pertaining to Eagle Rock, based on the input of affected arid unaffected stakeholders representing as wide a range of community members as possible, so that our recommendations are based on a fair, transparent process and are inclusive of the community at large.

After consideration of the proposals at the LUPC' s July 10, 2003 meeting, we distributed the attached packet of information to approximately 17 businesses in Eagle Rock which would likely be affected by the proposed code amendment~, as well as to about 20 residents and other businesses which are in close proximity to the affected businesses. We also distributed this information to approximately 600 stakeholders via electronic mail. We asked recipients to read the code amen4filent proposals, contact us with any questions, and return the provided feedback form to the LUPC so that"we could include their comments in our recommendations.

We received only a handful of responses, and while we value the input we did receive, we do not feel we have gotten input from as broad a range of stakeholders as would be necessary in order to request that the ERNC Board of Directors take a position on the matter, pro or con. Therefore, we are providing anecdotal analysis of the feedback, and are including copies of the written feedback we have received so that each response can be included as part of the public record. If we receive further responses as th~ process progresses through its stages, we may submit a subsequent analysis with recommendations.

SUMMARY OF RESPONSES: Most responses we received related to the used vehicle and recycling lots, and were strongly against the assessment of fees upon businesses for yearly inspections. It was noted that if there are · · violations to be found, then fines should be assessed and that should create the needed revenue for the city. Another respondent predicted that if yearly fees are assessed to the registered businesses, it may increase the already problematic proliferation of unlicensed "guerilla" businesses which function without licenses and without proper authorization. We also received feedback from stakeholders, both written and verbal, indicating support for

-··· any plan or program which would bring businesses into compliance with current laws, and prevent the degradation of the community's business corridors. The response regarding the subdivision of land had to do with concerns over increased deilsification in R zones.

RECOMMENDATIONS: We do not feel we have achieved significant stakeholder input which would be necessary to take a position in support of or against the proposed code amendments.

However, in regards to the waiver of a public hearing for applications which are not Hkely to be contentious, we respectfully recommend, if the propos_al is ultimately approved, that:

• Notification of the proposed waiver of public hearing be made to all residents and businesses within 500 feet of the application address, and to all other appropriate agencies and entities. • A 30 day period to appeal the waiver of public hearing be given on the notice. • If any appeal is received, the pt1;blic hearing and subsequent processes be followed as they are in place at present, without any waiver.

This will ensure that.applications deemed by the CPC or the ZA as unlikely to be contentious truly are not objectionable to the community, and will also provide an important safeguard for the process, since notification such as this will abate complaints fro stakeholders about not having been informed of

· decisions or of being shut out of the publi~ process. '

Thank you for the opportunity to be involved in the process from the very beginning. We appreciate your consideration of this matter and look forward to working with you in the future. If you have any questions, please contact me anytime.

Jes ca ton erim Co-Chair

Land Use & Planning Committee ERNC_ [email protected] . 323-256-6221 . \

Case Manager Land Use & Planning Committee [email protected]

ERNC Response to Code Amendments CPC-2003-5266 CA CPC-2003-4015-CA CPC-2003-4151-CA Pg 1 o/2

-..

The Eagle Rock Neighborhood Council Land Use & Planning Committee

FEEDBACK FORM REGARDING CODE AMENDMENT PROPOSALS

Your Name: Tom Topping 323 255 1053 Your Phone Number:

Your Address: 5072 La Roda Ave #22 Your Email: <.if any): [email protected]

Are You: (Check one) C! OWNER a business which would be affected by the proposed code amendments 0 MANAGER a business which may be affected by the proposed code amendments

, , DI WORKER at a business which may be affected by the proposed code amendments ~ RESIDENT near a business which may be affected by the proposed code amendments 0 OWNER OF PROPERTY near a business which may be affected by the proposed code amendments ~ STAKEHOLDERwho wishes to provide input about the proposed _code amendments .

Company N,lme: Eagl'e ·Rock Garage ·owners Type of Bu~iness: trade association 5072 La Roda Ave #22 Eagle Rock 90041 Business Address: -----,------....,......a----------------------

Number / Street City State Zip

I have comment~ on the following proposed code amendment(s): (Check one or more)

Ck Used Vehicle Lots 0 Recycling Centers 0 Subdivision of Land ·

PLEASE PROVIDE COMMENTS BELOW. USE BACK OR ApDITJONAL SHEET IF NECESSARY.:

.re: used vehicle lots- and amending auto inspection program . The proposed amended ordinance is an entirely useless new law. There are · ·

"plenty of current laws on the books that allow the city to address problem~ when an· ·.auto-related business is not being a g<;>od neighbor. Particularly objectionable are the ~ .provisions for making it a misdemeanor for not paying the inspection fee and the pos-. sible loss of non-conforming rights, which would totally put someone out of business. · We believe that in Eagle Rock, the auto-related businesses hav~ been good ·neighbors and have contributed to the community's welfare with participation in busi.ness events, the arts festival, and numerous community clearJ-ups. Any new effort from the city should be directed toward eliciting more community participation and ·dialouge between these and the other community members. ·

The original ordinance, and more so the amended one, will only result in more -alienation between business and residents.

It has and will increase even more the number of "guerilla" auto related business where folks are working out of their trunk, or selling cars curbside, and under·cutting the legitimate businesses. This does not serve the city government, the com- · ·munities or the consumers who depend on these businesses to make their life work.

Please return this form in a stamped envelope by Sept. 15. 2003 to: Eagle Rock Neighborhood Council·

LAND USE & PLANNING - Code Amendments . PO Box 41005

Los Angeles, CA 90041

.09/16/:003 02:10 FAX 323 981~ MBS-LOS MlSELES ~0~1/002

The Eagle Rock Neighborhood Council Land Use & Planning C.ommittee

FEEDBACK FORM REGARDING CODE AMENDMENr PROPOSALS

. YOW'Name: /1-JA7t:.-.J>~7?~fl.f) Your Address: tJ'i Z;2 r·6.zet-1.1N"' /k.... Are You: (Cll.eck one)

Your Phone: Number: .?dt 3 --<. !>'-5.--6 ~

Your Email= (if any): vi...o,.rot.L..sfi~;)h~. #7 Co..11.

IJ OWNER a business which would be a.ffcctc:d by the proposed code amendments Cl MANAGER a business which may be affcacd by the proposed code a.mendmcnrs CJ WORKER at a~~~ which may be affected by the pro~cd code amcndnlcnts 0 RESIDENJ near a business which may be effected by the proposed code amendments , C OWNER OF PltOPEKTY near a business which inay be affected by lhe proposed code amendments CJ ST AKEJIOLDERwbo wishes to provide input about the proposed code amendments ·

Com{)ally Name: ______ __.. __ 1)·pe of Busln~-: ~--------

Business Address:_~·--·----------------.;..-------Nu.mbet./ Street Oty State Zip

I have comments on tbe following proposed code amendment(s): (Qieck one or more)

· D Used Vehicle lots )a..Recycling Centers a Subdivision of Land

PLEASE PRQYIDE COMMENTS BELQW. U$E BACK QR ADDITIONAL SHEET W NECESSARI: )'%e .?~oo e.c1 L!1" A/ 11u,d:,C t£,a£: /?i-C s / d P~ .le S/h a.c~

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Please return this fonn in a stamped envelope by Sepl 15. 2003 to! Eagle Rock Ndghbo.thood Counca1

LAND USE & PLANNING- Code Amendments PO Bois;41005


• Vo/ lb/<::\/VJ V<::. 11 tll/1 ,. Mb:S-LU;:; I\IH,l:.LE.S ~ 002/002

' . The Eagle Rock Neighborhood Council Land Use & Planning Committee

FEEDBACK FORM REGARDING CODE AMENDMENT PROPOSALS

. YowNMDC, ~[i · Your Address:==\fcA ·

Your Phone Nwnber:

Your Email: (if any): ---------

Are You: (Check one) CJ OWNER. a business which would be affected by the proposed code amendments D MANAGER a business which may be affected by the proposed code nmendments CJ WORKER at a business which may be affected by the proposed code s.mendments CJ .RESIDENT near a business which may be affected by the prcpose.d code amendments .. J& OWNER OF PROPERTY near a business which may be affected by the proposed code amendments CJ STAKEHOLDERwho wishes to pro~ide input about the proposed code amendments

Company Name:--~------ Type of .Bllsiness: ----------

Bu.,;ine.~s Address:·----------------'--~-------------Number/ Street City State Zip

(,have comments on·.the following proposed code am.endment(s); (Check one or more)

«I Used Vehicle L>ts )i Recycling Centers [J Subdivision of Land

this fonn in a st envelope by Sept 15. 20@3 to: Eagle Rock Neighborhood Council

LM1> USE & PLANNING -Code Amendments POBox41005


' . . . - -PROPOSED CODE AMENDMENT RESPONSE

Input on proposed code amendments pertaining to used vehicle lots, recycling centers and the subdivision of land on parcel maps and private streets

Submitted by JILL MCDOWELL, Eagle Rock stakeholder

I would approve any amendment that required used car lots and other business to maintain a J+).ore "mo~e pleasing" appearance. I am opposed to any amendment that would increase the density of our already way too dense town. I have lived in the same house in Eagle Rock for over 35 years, and the

. population on my stre~t alone (in terms of people, cars, etc.) has probably tripled. It is now almost impossible for a s.ingle friend or. two to find a place to park in order to visit me. ·(People have managed to coll:vert their garages into · homes or living quarters, thereby giving up any place they may have had to park their cars, necessitating parking on the street. So, anything we can do to maintain a pleasing appearance and not increase the density of people, cars, trash, etc., would be appreciated.

Thank you, '·

Jill McDowell

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/ . ,; Item

LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT

CITY PLANNING COMMISSION

DATE: TIME: PLACE:

September 11, 2003 after 9:30 a.m.* Room .1010 City Hall 200 North Spring St. Los Angeles, CA 90012

PUBLIC HEARING REQUIRED

CASE NO: CEQA: LOCATION: COUNCIL DISTRICTS: PLAN AREAS: RELATED FILES:

CPC-2003-4015-CA ENV-2003-4016-CE Citywide All All CF 01-2324; 02-1560 CPC-2003-5266-CA

REQUEST: Amendments to Sections 12.21 and 12.26 of the Los Angeles Municipal Code.

SUMMARY: A proposed ordinance (Appendix A) amending the Los Angeles Municipal Code to establish an annual inspection fee, revise the regulations for recycling centers, and strengthen the enforcement provisions of those regulations.

RECOMMENDATION: 1. Adopt the staff ~eport as its report on the subject. 2. Adopt the attached findings. 3. Approve the proposed ordinance and recommend its adoption by City Council.

Thomas Rothmann, Project Coordinator Simon Pastucha, City Planner

Table of Contents I Summary II Findings 111 Staff Report

Request Discussion

(213) 978-1338 (213) 978-1475

Conclusion Environmental Review

2 2 4 4 4 7 8

Attachment Appendix A

8

ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communication may be mailed to the Commission Secretariat, 200 North Main Street, Room 532, Los Angeles, CA 90012 (Phone No. 213/978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent a week prior to the Commission's meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to this programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request no later than 3 working days (72 hrs.) prior to the meeting by calling the Commission Secretariat at 213/978-1300.

CPC-2003-4015-CA

SUMMARY:

The proposed ordinance (Appendix A) amends the Los Angeles Municipal Code (L.A.M.C.) to include definitions and regulations governing recycling centers throughout the City. The attached proposed ordinance amends two Sections of the Los Angeles Municipal Code. Section 12.21 A 18(c) is amended to add regulations governing the locations and sizes of recycling collection and buyback centers that are typically transient and located near grocery markets. This Section will also be expanded to apply of the requirements of Section 12.21 A 18(d)(3) through (19) for these same facilities.

Section 12.26 F is amended to add. recycling centers and facilities to the uses requiring annual inspections. This is governed by existing regulations for Auto Dismantling Yards, Junk Yards, and Scrap Metal Processing Yards, and is proposed to include "Recycling Center, Mobile", "Recycling Center Operator or Junk Dealer", "Recycling Collection or Buyback Center", "Recycling Materials Processing Facility", and "Recycling Materials Sorting Facility", as defined in Section 12.03 of the Los Angeles Municipal Code). Further, this Section will also be augmented with an expanded list of potential violations relative to landscaping; trash and debris; collection containers; inspection fees; and loading/p·arking ~paces.

The attached ordinance strengthens the regulations and enforcement authority of the Department of Building ·and Safety regarding the safety, allowable uses, and overall appearance of ·recycling facilities. '

FINDINGS:


1. · In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) is· · in substantial conformance with the purposes, intent, and provisions of the General Plan. to reinforce the goal identified in the Framework Element of the ·General Plan that identifies specific standards to enhance and/or conserve the appearance and functionality of commercial areas. The ordinance provides improved standards for the location, size, operation, and maintenance of a variety of recycling centers, as well as additional mechanisms for stricter enforcement.. of Code provisions that will better the appearance of neighborhoods. These provisions of the proposed ordinance will reinforce the goals identified in the Framework Element of the General Plan for enhancing and conserving the appearance and functionality of commercial areas.

2

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- 1 ,,

2.

3.

4.

CPC-2003-4015-CA

In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) will have no adverse effect upon the General Plan, specific plans, or any other plans being created by the Department of City Planning because the proposed · ordinance is consistent with the General Plan and carries out the General Plan goals, policies and objectives discussed above. There will be no substantive changes made to the existing Los Angeles Municipal Code, therefore there will be no effects on any above-referenced plans.

In accordance with Charter Section 558 (b)(2), the proposed ordinance (Appendix A) will be in conformity with the public necessity, convenience, general welfare and good zoning practice in that improved regulations for the location, size, operation, and maintenance of recycling centers, as well as stricter enforcement of the regulations, will decrease the potential for the recycling facilities to generate public nuisance and impacts on surrounding properties and the community.

The proposed ordinance (Appendix A) is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2, Subsection (m) of the City's Guidelines (ordinances which do not of themselves have an impact qn the physical environment). Each individual project will have its own envi onmental clearance. ·

Director of Planning

SIMON PASTUCHA City Planner

3

.. -

PREPARED BY:

T OMAS ROTHMANN Project Manager

CPC-2003-4015-CA

STAFF REPORT

REQUEST:

On October 30, 2001, Councilmember Jan Perry introduced a Motion to establish a task force to bring recycling centers and used automobile sale lots into compliance with all local ordinances. The task force discussed how the proliferation of recycling centers has created regulatory difficulties since these facilities tend to open and close quickly. These types of recycling centers have gained attention recently due to their growing popularity and . that they can attract criminal behavior. All participating departments worked together to develop appropriate regulatory and enforcement guidelines for temporary recycling centers within existing State laws. The Department of City Planning and the Department of Building and Safety worked together to recommend amendments to the Los Angeles Municipal Code that would add recycling facilities to autoju_nkyards in_Section 12.24 F.

On July 19, 2002, Councilmember Perry introduced a Motion that advanced the recommendations of the task force and requested that the City Attorney prepare and present an ordinance to include recycling centers under ~n annual Building and Safety inspection program, with specific instructions to amend Section 12.26 F of the Los Angeles· Municipal Code to include "Recycling Center, Mobile", "Recycling Center Operator or Junk Dealer", "Recycling Collection or Buyback Center", "Recycling Materials Processing Facility", and "Recycling Materials Sorting Facility", as defined in Section 12.03 of the L_os Angeles Municipal Code.

DISCUSSION:

Recycling centers, which. may include recycling collection or buyback sites, recycling sorting facilities, or other recycling oriented sites have become commonplace in many neighborhoods. Some centers occupy permanent sites with permanent structures that provide necessary recyding services to the community. Other facilities are transient and relocate quickly and frequently. It is the proliferation of the transient recycling centers, which often occupy portions of shopping center parking lots or other vacant lots throughout the City, that are most often negatively impacting some neighborhoods. Nevertheless, both types of facilities play a crucial role in the City's efforts to recycle materials and provide a convenience for residents who dispose of those materials. Therefore, there is a demonstrated purpose to ensure the availability of such facilities in a manner that will' have lessened negative impacts on their surrounding communities.

4

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,, CPC-2003-4015-CA

The Los Angeles Municipal Code (L.A.M.C.) currently regulates uses such as auto dismantling yards, junkyards, and scrap metal processing yards. However, the L.A.M.C. does not adequately address those temporary or permanent recycling facilities such as "Recycling Center, Mobile", "Recycling Center Operator or Junk Dealer", "Recycling Collection or Buyback Center", "Recycling Materials Processing Facility", or "Recycling Materials Sorting Facility", as defined in Section 12.03 of the Los Angeles Municipal Code.

The proposed ordinance (Appendix A) will clarify the distinctions between the temporary ' and permanent recycling centers and strengthen the regulations that apply to each. Temporary and permanent recycling centers will be more clearly classified as a "yard", as governed by the provisions of L.A.M.C. Section 12.2~ F, and will have annual inspections. Temporary recycling centers classified as "recycling collection or buyback sites" will be regulated by amended Section 12.21 A 18(c).

The atta.ched ordinance (Appendix A) strengthens the regulations for the often temporary recycling collection and buyback centers by adding provisions governing their location, size and potential impacts on surrounding properties, pursuant to L.A.M.C. Section 12.21 A 18(c). Because of observed impacts on adjoining properties, several regulations are added to minimize future impacts on the surrounding properties. No portion of the recycling· operation may be closer than 100 feet to an A or R Zone. Larger recycling centers tend to have greater impacts on other properties. Therefore, the total area for the recycling center may not exceed 600 square _feet. Lastly, most of the provisions of similar recycling facilities in the M2 and M3 Zones will now be applied to those near grocery markets in a C1 or more restrictive zone. The provisions of L.A.M.C. Section 12.21 A 18(d)(3) through (19) will now be applied in order to ensure that there are adequate protections relative to distance, size, storage, clean up, hours of operation, administrative fees, etc. These added regulations should ameliorate the impacts most frequently observed at transient recycling collection and buyback sites typically located near grocery stores.

The ordinance will also strengthen the regulations for the more permanent "yards", by amending L.A.M.C. Section 12.24 F with an expanded list of applicable uses plus an expanded list of potential violations that should lessen impacts that have occurred near those sites. The enforcement authority of the Department of Building and Safety will be strengthened by requiring annual inspections and enabling fines to be levied for each of the following violations: (1) a failure to maintain required landscaping; (2) a failure to maintain sites free of all non-recyclable trash and debris; (3) a failure to maintain recyclable material in appropriate containers; (4) a failure to pay an annual inspection fee within 60 days of assessment; and (5) a failure to provide or maintain the required minimum number of loading or parking spaces including any required handicapped spaces and necessary striping.

5

CPC-2003-4015-CA

This ordinance strengthens the authority of the Department of Building and Safety by providing several additions to the L.A.M.C. that allow the Department of Building and Safety to issue Notices to Comply and ·also to revoke Certificates of Occupancy. Annual inspections ·will be performed on these centers to insure all zoning and building code requirements are being met. Further enhanced enforcement allows an arrest to be made or citation issued if the violations noted in a Notice to Comply are not corrected on or before the due date noted upon such notice. The ordinance also states that if the site does not have a valid Certificate of Occupancy, any and all rights granted with regards to non-conforming uses can be revoked.

This proposed ordinance amends the L.A.M.C. so that ho materials of any kind (currently the L.A.M.C. only stipulates vehicles) shall be stacked or piled above the height standards. It also adds "crushing" and "melting" to the list of processes that are prohibited outside the required wall or fence of the recycling centers. No portion of the recycling operation may be closer than 100 feet from an agricultural or residential zone and the area for depositing recyclable materials may not exceed a total of 600 square feet. ' ·

For clarification purposes, this proposed ordinance modifies the application of inspection fees in the L.A.M.C. This includes a revised provision that any "accessory storage only yard" that is nearby but not contiguous to a main yard, may be approved and inspected with an additional fee of one half of the annual inspection fee for each such yard. It is also noted that it is a violation when a citation to comply is not corrected prior to the compliance date or any extension thereof, or if the annual inspection fee has not been paid within 60 days of assessment.

CONCLUSION:

The proliferation of temporary recycling centers has brought about a situation that is negatively impacting neighborhoods throughout the City. Guidelines for transient facilities are difficult to regularly enforce and for that reason they often attract a variety of un-related illegal activities. This proposed ordinance is intended to amplify the rules for different types of recycling facilities while enhancing the enforcement authority of the Department of Building and Safety to regulate all of these facilities, and thereby reduce negative impacts to surrounding properties.

The proposed amendment will expand the enforcement abilities and requirements of the Department of Building and Safety to reinforce the goal identified in the Framework Element of the General Plan that identifies specific standards to enhance and/or conserve the appearance and functionality of commercial areas. The proposed ~mendment also facilitates the landscaping of temporary recycling centers and permanent recycling yards to reduce any negative aesthetic impacts.

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CPC-2003-4015-CA

ENVIRONMENTAL REVIEW:

The proposed ordinance (Appendix A) is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2, Subsection (m) of the City's Guidelines (ordinances which do not of themselves have an impact on the physical · environment). Each individual project will have its own environmental clearance.

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7

PROPOSED ORDINANCE FOR DISCUSSION THE PEOPLE OF THE CITY OF LOS ANGELES

DO HEREBY ORDAIN AS FOLLOWS:

Appendix A-1


ill No portion of the recycling operation may be closer than 100 feet to an A or R Zone.

ffi The area for depositi~g recyclable materials shall not exceed a total of 600 square feet.

.{fil The requirements of Subsection 12.21 A 18 (d) (3) through (d) (19) must be complied with at all times except that no reduction of any kind in required parking spaces is allowed~


F. Automobile Dismantling Yards; Junk Yards, and Scrap Metal Materials Processing Yards, and Recycling Centers.

1. Definitions. As used in this subsection, the following terms have the definitions specified herein. The term "yard" means any automobile or truck dismantling yard, junk yard, scrap metal processing yard or any open storage location where used materials and equipment of any kind, including vehicles, boats, or airplanes which are inoperable, wrecked, damaged, or unlicensed, i.e., not currently licensed by the Department of' Motor Vehicles, are stored or processed. The term "recycling center" means any "Recycling Center, Mobile", "Recycling Center Operator or Junk Dealer", "Recycling Collection or Buyback Center", "Recycling Materials Processing Facility", or "Recycling Materials Sorting Facility", as defined in Section 12.03 of the Los Angeles Municipal- Code. The term "Superintendent" means the Superintendent of Building or his or her authorized representative. The term "Board" means the Board of Building and Safety Commissioners. The term "Department" means the Los Angeles Department of Building and Safety.

. . . ,.~

Appendix A-2

2. Applicability. The provisions of this subsection shall apply to every yard. and recycling center operating pursuant to a valid certificate of occupancy. In addition,

· these provisions shall be applicable to every yard and recycling center operating without a certificate of occupancy pursuant to Section 12.23 of the Municipal Code, and as to such yards or recycling centers, any revocation proceedings authorized by these provisions shall be deemed to be proceedings to revoke and void any rights otherwise granted by Section 12.23.

3. Inspections. The Department of Building and Safety shall make an inspection of each yard or recycling center at least once a year to verify compliance with all applicable provisions of the Los Angeles Municipal Code. An annual inspection fee, as specified in Section 98.0402 (e) of the Los Angeles Municipal Code, shall be collected by the Department. An inspection may also be made whenever a complaint is received by the Department concerning a yam violation of the Municipal Code or as needed to verify continued compliance with applicable Municipal Code requirements. -1.f there are one or more accessory yards not contiguous to the main yard, an additional fee of one half the annual inspection fee shall be charged for each such accessory

: yam. Accessory storage only yards, where no business is conducted, which are nearby but not contiguous with a main yard may be approved and inspected with an additional fee of one half of the annual inspection fee for each such yard.

4. Notice to Comply. If a yard or recycling center so inspected is found to be in violation of any provision of the Municipal Code, the Superintendent shall send a notice to comply to the owner of the property and the operator of the yard or recycling center. The notice to comply shall clearly state the following:

(a) . The violation must be corrected by a compliance date specified in the notice, which date shall be no more than 30 days from the date the notice is mailed.

(b) The compliance date as specified in the notice may be extended for an additional period not to exceed 45 days if the owner or operator of the yard or recycling center presents satisfactory evidence to the Superintendent that unusual difficulties prevent substantial compliance without such extension.

(c) Failure to correct the violation on or before the compliance date or any authorized extension thereof will lead to commencement of certificate of occupancy revocation proceedings. Such proceedings will terminate with a revocation hearing, which hearing may only be avoided if the violation is corrected and a fine paid according to the fine schedule in Subdivision 14 of this subsection.

5. Reinspection. The Superintendent shall reinspect a yard or recycling center for which a Notice to Comply was issued pursuant to this subsection subsequent to the compliance date or any authorized extension thereof. '

Appendix A-3

· 6. Citation authority prior to Revocation Notice. An arrest may be made or citation issued as per Section 98.0408 of the Los Angeles Municipal Code if the violations noted in a notice to comply are not corrected on or before the due date noted upon such notice. This action does not preclude the commencement of revocation of certificate of occupancy proceedings.

ez. Failure to Correct Violation; Revocation Proceedings. If any violation specified in a notice or a citation.to comply is not corrected prior to the compliance date or any extension thereof, or if the annual inspection fee has not been paid within 60 days of assessment, then certificate of occupancy revocation proceedings shall be commenced by issuance ·Of a notice of revocation, which shall be sent to the owner of the property and the operator of the yard or recycling center subsequent to any reinspection pursuant to Subdivision 5 of this subsection. The notice of revocation shall state the following:

(a) The date and place of the revocation hearing, which shall be scheduled at least 15 days and not more than 90 days from the date of issuance of the notice of revocation. · '

(b) A list of al.I violations uncorrected as of the compliance date.

(c) Copies of all inspection reports related to such violations, unless such copies were previously fu'rnished to the owper or oper~tor.

(d) Termination. of revocation proceedings .may only be obtained if each violation note.d in the notice of revocation is corrected before the date of the revocation hearing and if a specified fine is paid, which fine shall be fixed in accordance with the fine schedule in Subdivision 14 of this subsection.

(e) The owner or operator is entitled to be represented by legal counsel at any revocation hearing_.

(f) Each violation of the Municipal Code and each day of operation wit~out a certificate of occupancy is a misdemeanor.

-78. Te.rmination of Revocation Proceedings. The Superintendent shall terminate certificate of occupancy revocation proceedings upon a finding that each violation of this Municipal Code specified in the notice of revocation has been corrected and the fine specified in such notice has been paid. Such termination may only occur on or before the date of the revocation hearing.

89. Revocation Hearing. On the date specified in the notice of revocation, a certificate of occupancy. revocation hearing shall be held. The Board may appoint a Hearing Examiner t~ conduct such hearing, which Examiner shall not be any individual who participated in the issuance of any of the notices required by this subsection. Subpoenas may be issued pursuant to Section· 98.0307 of the Municipal Code. The hearing shall be conducted pursuant to the provisions of Sections 93.0308 and 98.0309 of the Municipal Code.

Q :_;. !

; .

. . Appendix A-4

910. Hearing Examiner's Report. Within 30 days of the last day of the r~vocation hearing, the Hearing Examiner shall report his findings and recommendations in writing to the Board.

4011. Board Determination. Within 15 days of receipt of the Hearing Examiner's report, the Board shall determine whether the certificate of occupancy shall be revoked. Such revocation shall be ordered by the Board if it finds that any required fines have not been paid ·or any of the violations specified in the notice to comply were not corrected on the revocation hearing date, except for the circumstances stated in the next paragraph.

The Board may, in its discretion, determine that a certificate of occupancy should not be revoked if it makes both ·of the following findings:

(a) Taken together, the violations specified in the notice to comply and uncorrected as of the revocation hearing date have such a minimal adverse effect on neighboring properties or on the general public as to not warrant revocation.

(b) The owner or operator of the yard has paid the fine specified in Subdivision 14 of this section with respect to each such uncorrected violation.

In making its determination, the Board may hear from the owner, operator, or other interested party. The ~etermination by the Board is final.

4412. Loss of Nonconforming Rights. Notwithstanding any provision of this Municipal Code to the co.nJrary, where a certificate of occupancy is revoked pursuant to this subsection, a new certificate of occupancy for the property may only be issued if all requirements of the Municipal" Code in effect at the time of issuance of such new certificate are satisfied. In the case of a site that has no valid certificate of occupancy or use of land permit, any and all rights granted by Section 12.23 are revoked.

4:a13. Appeals. Notwithstanding any provision of the Municipal Code to the _ contrary, there shall be no appeal to the Boc!rd of Building and Safety Commissioners from any notice issued or determination made by the Superintendent pursuant to this Subsection F.

~14. Repeat Violations. Notwithstanding any provision of this subsection to the contrary, if a Notice to Comply is issued for violation of a provision of the fylunicipal Code, and after compliance with it, a subsequent Notice to Comply is issued for a violation of the same provision occurring within one year of the date of the initial notice:

•

Appendix A-5

(a) Each violation cited in a subsequent Notice to Comply shall carry a fine as specified in Section 98.0402 (f) 1 of the Los Angeles Municipal Code and shall be paid prior to the compliance date. If this fine is not paid by the compliance date, the fine shown in the fine schedule in Subdivision 14 shall supersede it. ·

. (b) The compliance date for any such notice to comply shall be no more than ten days from the date of mailing of such notice.

(c) No extension of the compliance date may be granted.

(d) The amounts set forth in the fine schedule in Subdivision 14 of this subsection shall be doubled if revocation proceedings were started for any previous Notice to Comply.

4415. Fine Schedule. The fine specified in the Notice of Revocation shall be: (a) A fine as specified in Section 98.0402,(f),2,A of the Los Angeles Municipal

Code shall be levied for each of the following violations:

(1) . Wall or fencing in disrepair.

(2) Vehicles or materials of any kind stacked or piled above the height standards specified in the Municipal Code.

(3) Storage of vehicles or materials outside the required walls or fences surrounding the yard or recycling center.

(4) Failwe to provide or maintain the required loading space or the required minimum number of parking spaces, including any required handicapped spaces and necessary striping.

(5) Dismantling, repairing, wrecking, modifying, processing, stripping, crushing, melting, or otherwise working on any vehiclesJ. or other vehicle parts, Gf

materials or equipment of any kind outside the required wall or fence .

.{fil Failu~e to maintain required landscaping.

ill Failure to maintain recycling center sites free of all non-recyclable trash and debris and failure to maintain recyclable material in appropriate containers.

Failure to pay annual inspection fee within 60 days of assessment.

. (b) A fine for each violation as specified in Section 98.0402,(f),2,A of the Los Angeles Municipal Code, shall apply to all other violations specified in the Notice of Revocation.


. .

J .. MICHAEL CAREY City Clerk

FRANK T. MARTINEZ Executive Officer


CF 02-1560

August _28, 2002

-~Y OF Los ANGELE. CALIFORNIA

JAMES K. HAHN MAYOR

Reckard J. pelgadillo, City Attorney City Hall East, Room 1800 Attn: Jeri Burge

Office of the CITY CLERK

Council and Public Services Room 395, City Hall

Los Angeles, CA 90012 Council File Information - (213) 978-1043

General Information - (213) 978-1133 Fax: (213) 978-1040


REQUEST FOR ORDINANCE: AMENDING SECTION 12.26 AND 12.26.I.3 OF THE LOS ANGELES MUNICIPAL CODE (LAMC) TO,INCLUDE RECYCLING CENTERS AND USED AUTO LOTS UNDER AN ANNUAL BUILDING AND SAFETY INSPECTION PROGRAM

At its meeting held August 6, 2002, ~he Planning and Land Use Management Committee req\,l.~sted that you,:. -i:µ. ._.qqnsultation with the Department of Building and Safety, prepare an ordinance to establish annual inspections by the Department of Building and Safety of the folJ..owing business: recycling areas or rooms; mobile recycling centers; recycling center operators or junk dealers; recycling collection or buyback centers; recycling materials processing facilities; recycling materials sorting facilities; and, automobile and trailer sales areas to ensure such uses are in compliance with City regulations and to reduce blight and urban decay in the community, pursuant to attached Motion (Perry-Reyes).

In compliance with the Committee's direction, a copy of the·original Council Motion is being transmitted for staff review. Thank you for your cooperation.

Sincerely,

~r-l...1\)-~

Jon A. White, Legislative Assistant anning & Land Use Management Committee, 213.978-1068

e-mail: [email protected]

attachment

cc: Andrew A. Adelman, General Manager Department of Building and Safety

#021560ltr.wpd

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable ard made from recycled waste. @

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PLANNING !\No usE MANAGEMENT

M O T I O N JUL 1 9. 2002 ~

Recycling centers and used auto lots contribute to the local economy of the City of Los Angeles,. These businesses, when operated properly, enhance the environment, and services a sector of the community in need of affordable transportation, respectively. However, when recycling centers and used auto lots are not in compliance with City ordinances and requirements, both types of business can contribute to blight and urban decay in the community.

To address the concerns that result from non-compliant recycling centers and used auto lots, it should be necessary for the Department of Building and Safety to annually inspect the following business entities:·Recycling Area or Room; Recycling Center, Mobile; Recycling· Center Operator or Junk Dealer; ReGycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility Automobile and Trailer Sales Areas.

In bringing the aforementioned business entities under the purview of the Department of Building and Safety's annual inspection program, the City can ensure that non-compliant businesses can be monitored and, if necessary, exercise its enforcement jurisdiction to compel compliance with all ordinances and requirements.

I THEREFORE MOVE that the City Attorney be requested to prepare and present an ordinance to include recycling centers and used auto lots under an annual Building and Safety inspection program, and as further detailed below:

ale

1. Amend section 12.26 F of the Municipal Code (LAMC) to include Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; Recycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility, as defined in section 12.03 of the LAMC.


PRESENTED BY:

SECONDED BY:

r PLANNING r_:AND USE MANAGEMENT COM~'."fEE SPEAKERS l

~~~~;oposal ii~~N~~ ____ ,(__ ______ Date ~YL/f/-c ,_:; ______ _ 0 OPPOSE Council

ProjecVProposal File# _(J:J_-:_f5{CJ ______ _

" Phone No. l.13__~5._qt_-:;]d_,SJ_ ____ _ Name __ ,/J{ji!f_Jj__ilp.uv,t.s__.b9M.A[,fef rll_ _________________ _ Address ___ lj__}_a_] _____ _s; ___ _&~A'/-----------------City ___ _ly~ ___ _tJt.J!i-&UtfS ______________ { Zip Code __ ?/tl) 3 b --

Representing ...Ui!,_;;;J,,rM/fr/L ____ ,~ ------------------------~ D Applicant D Property Owner(s) O Assoc. [7) Ottwr

D Appellant D Surrounding O Organization l Property Owner(s) ...__ _____________ ___.,(

PLANNING l._i\ND USE MANAGEMENT COMPl,---.TEE SPEAKERS

0 SUPPORT ProjecVProposal

0 OPPOSE ProjecVProposal

~i~f~ ____ z[ ______________ Date _7-_{_t;_j(}_~------

c_ouncil tY.. f_ () z.-1.s~o File # _____ ------------- ----

Phone No. 2_~3_::!.flR!f-_::_~_Z<f_~ Name _____ J _( (V{ ___ M £. EJ} CJ _(_2 TO IV ____________________________ _

Address ____ 4 ul_ ""2.-- ___ y_[} C~---- '2_7 ____________________________ _ City ---~ /± _____________________________ Zip Code_ q fJ O L-g" - _ 5 ~ ~ ~ __ Representing ____ (;lj(!,. /.t ___________________________________________________________ _ D Applicant

0 Appellant

0 Property Owner(s)

0 Surrounding Property Owner(s)

181' Assoc. D Other

D Organization

PLANNING ~No usE MANAGEl\/lENT M O T I O N JUL 1 9. 2002 ~

Recycling centers and used auto lots contribute to the local economy of the City of Los Angeles. These bu.sinesses, when operated properly, enhance the environment, and services a sector of the community in need of affordable transportation, respectively. However, when recycling centers and used auto lots are not in compliance with City ordinances and requirements, both types of business can contribute to blight and urban decay in the community.

To address the concerns that result from non-compliant recycling centers and used auto lots, it should be necessary for the Department of Building and Safety to annually inspect the following business entities: Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; Recycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility Automobile and Trailer Sales Areas.

In bringing the aforementioned business entities under the purview of the Department of Building and Safety's annual inspection program, the City can ensure that non-compliant businesses can be monitored and, if necessary, exercise its enforcement jurisdiction to compel compliance with all ordin~ces and requirements.

I THEREFORE MOVE that the City Attorney be requested to prepare and present an ordinance to include recycling centers and used auto lots under an annual Building and Safety inspection program, and as further detailed below:

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1. Amend sectio.!1 ~~.2§ J of the Municipal Code (LAMC) to include Recycling Area or Room; Recycling Center, Mobile; Recycling Center Operator or Junk Dealer; Recycling Collection or Buyback Center; Recycling Materials Processing Facility; and Recycling Materials Sorting Facility, as defined in sectio1112.03 of the LAMC.


PRESENTED BY:

SECONDED BY:

l of los angele frank t. martinez city clerk

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