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20230801 City Council Agenda packetRegular City Council Meeting Agenda August 1, 2023 Page 1 of 4 Agenda City of Vernon Regular City Council Meeting Tuesday, August 1, 2023, 9:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue, Vernon, California Crystal Larios, Mayor Judith Merlo, Mayor Pro Tem Melissa Ybarra, Council Member Leticia Lopez, Council Member Jesus Rivera, Council Member The public is encouraged to view the agenda and meeting through CityofVernon.org/public meetings. You may address the Council in the Council Chambers, via mail or email to PublicComment@cityofvernon.org, include the meeting date and item number in the subject line (mail and/or email must be received at least two hours prior to the start of the meeting). CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF AGENDA PUBLIC COMMENT At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. City Administrator Report Recommendation: Receive presentation on various topics including New Business Welcome, Business Spotlight, Vernon’s First Electric Vehicle Charging Station, the Southern California Public Power Authority Annual Tour, Vernon’s Gateway Arch, Former Vernon Police Officer Visit, Economic Development Webpage Redesign, Business Networking and Community Events. Regular City Council Meeting Agenda August 1, 2023 Page 2 of 4 CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar for individual consideration. Removed items will be considered immediately following the Consent Calendar. 2. Meeting Minutes Recommendation: Approve the July 18, 2023 Regular City Council Meeting Minutes. 3. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 113, for the period of June 25 through July 8, 2023, totaling $3,162,216.17 and consisting of ratification of electronic payments totaling $2,343,357.83 and ratification of the issuance of early checks totaling $818,858.34. 4. Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation: Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 66, for the period of July 17, 2022 through July 8, 2023 and consisting of ratification of electronic payments totaling $5,000. 5. Quarterly Report of Cash and Investments Recommendation: Receive and file the Cash and Investments Report for the quarter ended June 30, 2023. 6. Helping Hands Society of Los Angeles Fee Waiver Recommendation: A. Find that granting a fee waiver for Helping Hands Society of Los Angeles (Helping Hands) is an appropriate use of public funds because Helping Hands is a local 501(c)(3) non-profit organization and the funds will support activities that are charitable and provide a substantial benefit to the public; B. Waive annual Public Health Permit, Hazmat, Occupancy Permit, and Business License fees for Helping Hands for Fiscal Year 2023-24 and subsequent years; and C. Waive a one-time permit fee in the amount of $801.33 for the installation of warehouse storage racks at the Helping Hands facility. 7. Change Order No. 1 with Bear Electrical Solutions, Inc., Contract No.CS-1303: Citywide Traffic Signal Maintenance and Repair Recommendation: A. Find that approval of the proposed action is categorically exempt under the California Environments Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, Class 1, maintenance, because this project only consists of maintenance and repair of the City’s traffic signals and involves negligible or no expansion of an existing use; and B. Approve and authorize the City Administrator to execute Change Order No. 1 for Contract No. CS-1303 with Bear Electrical Solutions, Inc. for a total amount not-to-exceed $215,000 for traffic signal maintenance and emergency repairs. Regular City Council Meeting Agenda August 1, 2023 Page 3 of 4 8. Notice of Completion for Contract No. CS-1456 Citywide Tree Wells Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) because it is an administrative procedure and will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a ”project” as defined by CEQA Guidelines Section 15378; B. Accept the work of FS Contractors, Inc. as related to City Contract No. CS-1456; and C. Authorize the Director of Public Works to execute and submit the Notice of Completion for the project to the Los Angeles County Recorder’s Office. 9. Professional Services Agreement with All City Management Services for Crossing Guard Services Recommendation: Approve and authorize the City Administrator to execute a Professional Services Agreement with All City Management Services, in substantially the same form as submitted, for crossing guard services, for a total amount not-to-exceed $165,014, for a three-year term. 10. Amendment No. 1 to the Professional Services Agreement with SDI Presence LLC Recommendation: Approve and authorize the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with SDI Presence LLC, in substantially the same form as submitted, for project management services for a total not-to-exceed $224,437.50, for an additional term of one year and four months. NEW BUSINESS 11. Mixed Use Industrial Zoning Along Santa Fe Avenue Recommendation: Conduct second reading and adopt Ordinance No. 1293 adding and amending various chapters in Title 17 – Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along Santa Fe Avenue. ORAL REPORTS 12. City Administrator Reports on Activities and Other Announcements 13. Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff ADJOURNMENT On July 27, 2023, the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours in advance of the meeting. Regular City Council Meeting Agenda August 1, 2023 Page 4 of 4 Guide to City Council Proceedings Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.04.020). Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page. Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at CityClerk@cityofvernon.org or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made. The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber. Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment. Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate. City Council Agenda Report Meeting Date:August 1, 2023 From:Carlos Fandino, City Administrator Department:City Administration Submitted by:Diana Figueroa, Administrative Analyst Subject City Administrator Report Recommendation Receive presentation on various topics including New Business Welcome, Business Spotlight, Vernon’s First Electric Vehicle Charging Station, the Southern California Public Power Association Annual Tour, Vernon’s Gateway Arch, Former Vernon Police Officer Visit, Economic Development Webpage Redesign, Business Networking and Community Events. Background The City Administrator Report is a presentation highlighting City projects, responses to Council inquiries, and events and activities of interest to the community. The report will be available at the time of the meeting. Fiscal Impact There is no fiscal impact associated with this report. Attachments None. .. .. Item 1 Page 1 of 25 City Administrator Report August 1, 2023 August 1, 2023 Item 1 Staff Presentation .. .. Item 1 Page 2 of 25 TOPICS 1.New Business Welcome 2. Business Spotlight 3.Vernon's First Electric Vehicle Charging Station 4.Southern California Public Power Authority Annual Tour 5.Vernon Gateway Arch 6.Former Vernon Police Officer Visit 7.Economic Development Webpage Redesign 8. Business Networking & Community Events HIGHLIGHTS .. .. Item 1 Page 3 of 25 NEW BUSINESS WELCOME ADMINISTRATION .. .. Item 1 Page 4 of 25 ENTERPRISE TRUCK RENTAL CELEBRATES GRAND OPENING ADMINISTRATION Ribbon Cutting Ceremony on July 18th •Council Members and City staff joined Enterprise and presented a certificate to commemorate occasion •Enterprise is excited to be in Vernon and is committed to giving back to the community .. .. Item 1 Page 5 of 25 ENTERPRISE TRUCK RENTAL CELEBRATES GRAND OPENING ADMINISTRATION .. .. Item 1 Page 6 of 25 BUSINESS SPOTLIGHT – LE VIGNE ADMINISTRATION Le Vigne offers wine tasting in Vernon! •Business moved to Vernon in 2021 – opened wine tasting room in May 2023 •Award-winning winery in Paso Robles since the late 1990s •Partners with Vernon business for cheese pairings! .. .. Item 1 Page 7 of 25 BUSINESS SPOTLIGHT – ADMINISTRATION .. .. Item 1 Page 8 of 25 Total of 18 fast chargers installed on Soto •Ready for business on July 11th •High traffic location adjacent to new Starbucks set to open this summer •Over 60 unique charges reported in first two days of station operation •Location performance high – not many options for charging in Southeast LA area •Staff is working on development of two additional charging sites within the City PUBLIC UTILITIES VERNON'S FIRST PUBLIC FAST ELECTRIC VEHICLE CHARGING STATION .. .. Item 1 Page 9 of 25 VERNON'S FIRST PUBLIC FAST ELECTRIC VEHICLE CHARGING STATION PUBLIC UTILITIES .. .. Item 1 Page 10 of 25 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY ANNUAL TOUR PUBLIC UTILITIES SCPPA Annual Tour from July 17th – 19th •Deputy City Administrator, VPU General Manager and VPU staff participated •Sites visited included the Port of LA, Colton, and Anaheim •Opportunity for networking with legislative officials and utility counterparts.. .. Item 1 Page 11 of 25 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY ANNUAL TOUR PUBLIC UTILITIES .. .. Item 1 Page 12 of 25 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY ANNUAL TOUR PUBLIC UTILITIES .. .. Item 1 Page 13 of 25 VERNON GATEWAY ARCH PUBLIC WORKS Vernon’s monument is up! •Major components installed on July 21st – Project to be completed on August 4th •Acknowledges Vernon’s history and celebrates its evolution •Complements new developments proposed for Santa Fe, bringing a fresh and vibrant look to City.. .. Item 1 Page 14 of 25 VERNON GATEWAY ARCH PUBLIC WORKS .. .. Item 1 Page 15 of 25 FORMER VERNON POLICE OFFICER VISIT On July 11th Chuck Foster visited Vernon •Officer Foster worked in Vernon from 1957-1967 •The 90-year-old Korean War Veteran flew from Oklahoma to visit VPD •Foster joined VPD for a luncheon, photo ops, storytelling, and happily sat in on a briefing POLICE .. .. Item 1 Page 16 of 25 FORMER VERNON POLICE OFFICER VISIT POLICE .. .. Item 1 Page 17 of 25 POLICE FORMER VERNON POLICE OFFICER VISIT .. .. Item 1 Page 18 of 25 ECONOMIC DEVELOPMENT WEBPAGE REDESIGN Active Promotion of City •Updates coincide with Zoning Code changes •Looking to attract clean commerce, mixed-use development and retail •Information for prospective developers looking for a home for retail, residential, and clean business operations ADMINISTRATION .. .. Item 1 Page 19 of 25 ECONOMIC DEVELOPMENT WEBPAGE REDESIGN ADMINISTRATION .. .. Item 1 Page 20 of 25 BUSINESS NETWORKING Vernon Chamber Economic Development Forecast Luncheon •Event hosted on June 29th •City representatives were on hand to connect with the Vernon business community •Speakers from Bank of America and the Los Angeles Economic Development Corporation offered insight on economic trends and projections ADMINISTRATION .. .. Item 1 Page 21 of 25 COMMUNITY EVENTS Vernon Summer Swim •Event hosted on July 9th at Rio Vista YMCA in Maywood •Approximately 40 Vernon residents were in attendance •City staff received positive feedback from guests ADMINISTRATION .. .. Item 1 Page 22 of 25 COMMUNITY EVENTS ADMINISTRATION .. .. Item 1 Page 23 of 25 ADMINISTRATION COMMUNITY EVENTS Upcoming... Maywood & Vernon Stargazing on August 7th from 7:00pm – 9:00pm at Maywood City Hall •Joint event for local families •Telescopes, crafts, and light refreshments will be available •A flyer with details on how to register was distributed to Vernon residents •The City hopes to partner with Maywood in hosting more events this year.. .. Item 1 Page 24 of 25 City Administrator Report Highlighting Industry, Community, and Service .. .. Item 1 Page 25 of 25 City Council Agenda Report Meeting Date:August 1, 2023 From:Lisa Pope, City Clerk Department:City Clerk Submitted by:Sandra Dolson, Administrative Secretary Subject Meeting Minutes Recommendation Approve the July 18, 2023 Regular City Council Meeting Minutes. Background Staff has prepared and submits the minutes for approval. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. July 18, 2023 Regular City Council Meeting Minutes .. .. Item 2 Page 1 of 6 MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, JULY 18, 2023 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Larios called the meeting to order at 9:02 a.m. FLAG SALUTE Mayor Larios led the Flag Salute. ROLL CALL PRESENT: Crystal Larios, Mayor Judith Merlo, Mayor Pro Tem Melissa Ybarra, Council Member Leticia Lopez, Council Member Jesus Rivera, Council Member STAFF PRESENT: Carlos Fandino, City Administrator Zaynah Moussa, City Attorney Lisa Pope, City Clerk Scott Williams, Finance Director Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director Robert Sousa, Police Chief Dan Wall, Public Works Director Todd Dusenberry, Public Utilities General Manager APPROVAL OF THE AGENDA MOTION Council Member Ybarra moved and Mayor Pro Tem Merlo seconded a motion to approve the agenda. The question was called and the motion carried unanimously. PUBLIC COMMENT None. .. .. Item 2 Page 2 of 6 Regular City Council Meeting Minutes Page 2 of 5 July 18, 2023 PRESENTATIONS 1. Employee Service Pin Awards Human Resources Director Earl announced the recipients of the June 2023 Employee Service Pin Awards. Mayor Larios presented the service pin to Iman Y. Torbati, Associate Electrical Engineer. PUBLIC HEARINGS 2. Amendments to the Municipal Code and General Plan to allow Mixed Use Council Member Ybarra recused herself due to a conflict with her property and left the dais at 9:05 a.m. Public Works Director Wall presented the staff report. Mayor Larios opened the public hearing. There being no speakers, Mayor Larios closed the public hearing. In response to Council questions, Public Works Director Wall explained that there were affordable housing incentives and he displayed the areas for rezoning. He summarized formatting and non-substantive changes made to the ordinance and indicated the revised ordinance redline was provided to the Council and public. MOTION Council Member Lopez moved and Mayor Pro Tem Merlo seconded a motion to: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. In compliance with CEQA Guidelines (California. Code Regulations., Title 14, Section 15000 et seq.), the City of Vernon prepared the Final Program Environmental Impact Report for the Westside Amendments to the General Plan and for the Westside Amendments to Title 17 of the Vernon Municipal Code; B. Adopt Resolution No. 2023-16 adopting Westside Amendments to the City of Vernon General Plan and certifying the Final Program Environmental Impact Report State Clearinghouse (SCH) No. 2022040458; C. Introduce and conduct first reading of Ordinance No. 1293 adding and amending various chapters in Title 17 – Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along Santa Fe Avenue, as revised; and D. Direct staff to schedule second reading and adoption of Ordinance No. 1293 for .. .. Item 2 Page 3 of 6 Regular City Council Meeting Minutes Page 3 of 5 July 18, 2023 the August 1, 2023 Regular City Council meeting. The question was called and the motion carried 4-0, Council Member Ybarra absent. Council Member Ybarra returned to the dais at 9:19 a.m. CONSENT CALENDAR MOTION Council Member Ybarra moved and Mayor Pro Tem Merlo seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: 3. Meeting Minutes Recommendation: Approve the June 20, 2023 Regular City Council Meeting Minutes. 4. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 112, for the period of June 4 through June 24, 2023, totaling $10,479,339.99 and consisting of ratification of electronic payments totaling $9,763,301.98 and ratification of the issuance of early checks totaling $716,038.01. 5. City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 805, for the period of June 1 through June 30, 2023, totaling $3,857,440.82 and consisting of ratification of direct deposits, checks and taxes totaling $2,675,422.99 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $1,182,017.83 paid through operating bank account. 6. Fire Department Activity Report Recommendation: Receive and file the May 2023 Fire Department Activity Report. 7. Police Department Activity Report Recommendation: Receive and file the May 2023 Police Department Activity Report. 8. Public Works Department Monthly Reports Recommendation: Receive and file the April 2023, May 2023, and June 2023 Building Reports. 9. Southern California Public Power Authority (SCPPA) Task Order No. Vernon- 03 for Services by Radian Generation, LLC (Radian) Recommendation: Approve and authorize the General Manager of Public Utilities to execute SCPPA Task Order No. Vernon-03 for services from Radian Generation, LLC, for regulatory compliance administrative services, including the installation, maintenance, support, document migration, content development, and use of Global Audit Ready software for a total amount not-to-exceed $251,700, for a three-year period. .. .. Item 2 Page 4 of 6 Regular City Council Meeting Minutes Page 4 of 5 July 18, 2023 10. Amendment No. 4 to the Services Agreement with Southeast Area Animal Control Authority (SEAACA) Recommendation: Approve and authorize the Mayor to execute Amendment No. 4 with SEAACA, in substantially the same form as submitted, for animal control services effective July 1, 2023. 11. Amendment No. 3 to Services Agreement with S&S Labor Force Inc., dba JRM for Unarmed Security Guard Services Recommendation: Approve and authorize the City Administrator to execute Amendment No. 3 to the 2020 Services Agreement with S&S Labor Force Inc., dba JRM, in substantially the same form as submitted, for unarmed security guard services for a not-to-exceed amount of $22,542.39. 12. Customer Support Agreement with Siemens Energy Inc. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; to the extent the Services Agreement with Siemens Energy provides for facility and equipment maintenance or repairs, such work is categorically exempt from CEQA review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing structures, facilities, or equipment, and involves negligible or no expansion of an existing use; B. Approve and authorize the City Administrator to execute a Customer Support Agreement with Siemens Energy Inc. (Siemens Energy), in substantially the same form as submitted, in an amount not-to-exceed $1,105,373, to upgrade the existing SPAA-T3000 control system and provide for ongoing service and maintenance needs; C. Authorize a contingency amount of ten percent (10%) or $110,537 for emergent software patches, updates, and non- warranted equipment or parts and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary; and D. Approve the issuance of a blanket Purchase Contract in an amount not-to-exceed $25,000, for maintenance services and parts with Siemens Energy for Fiscal Year 2023-24. 13. Change Order to Purchase Contract FI-0042 with MuniServices, LLC Recommendation: Approve and authorize a Change Order to Purchase Contract FI-0042 with MuniServices, LLC for Sales, Transactions, and Use Tax Audit and Reporting Services for $265,000 making the total contract amount not-to-exceed $298,268.75. 14. Encumbering Funds for City Contract No. 20230179, Citywide Striping and Pavement Markings Recommendation: Authorize the Director of Finance to encumber $332,005 from Fiscal Year (FY) 2022-23 to FY 2023-24 for City Contract No. 20230179. 15. Purchase Contract with Carahsoft Technology Corp. Recommendation: Approve and authorize issuance of a purchase contract with Carahsoft Technology Corp. for various Information Technology purchases, for a total amount not-to-exceed $150,000 for Fiscal Year 2023-24. .. .. Item 2 Page 5 of 6 Regular City Council Meeting Minutes Page 5 of 5 July 18, 2023 NEW BUSINESS 16. Hybrid Work Policy Human Resources Director Earl presented the staff report. In response to Council questions, Human Resources Director Earl explained the intent of the policy and difficulty in hiring and retaining employees due to the lack of hybrid work. MOTION Council Member Lopez moved and Mayor Pro Tem Merlo seconded a motion to: A. Adopt Personnel Policies and Procedures Manual Policy V-08 -Hybrid Work Program; and B. Authorize the City Administrator to execute and distribute the Policy to all City Employees. The question was called and the motion carried unanimously. ORAL REPORTS 17. City Administrator Reports on Activities and other Announcements. City Administrator Fandino announced the first public EV charging station at 3805 S. Soto Street; Enterprise Truck Rental Grand Opening; SCPPA Annual Tour; VCFGC meeting on July 19, 2023, and outreach events with the City of Maywood. 18. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff. None. ADJOURNMENT Mayor Larios adjourned the meeting at 9:25 a.m. ______________________________ CRYSTAL LARIOS, Mayor ATTEST: ____________________________ LISA POPE, City Clerk (seal) .. .. Item 2 Page 6 of 6 City Council Agenda Report Meeting Date:August 1, 2023 From:Scott Williams, Director of Finance Department:Finance Submitted by:Efren Peregrina Renteria, Finance Specialist Subject Operating Account Warrant Register Recommendation Approve Operating Account Warrant Register No. 113, for the period of June 25 through July 8, 2023, totaling $3,162,216.17 and consisting of ratification of electronic payments totaling $2,343,357.83 and ratification of the issuance of early checks totaling $818,858.34. Background Section 2.32.060 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Operating Account Warrant Register No. 113 covering claims and demands presented during the period of June 25 through July 8, 2023, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact The fiscal impact of approving Operating Account Warrant Register No. 113, totals $3,162,216.17. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 113. Attachments 1. Operating Account Warrant Register No. 113 .. .. Item 3 Page 1 of 43 .. .. Item 3 Page 2 of 43 .. .. Item 3 Page 3 of 43 .. .. Item 3 Page 4 of 43 .. .. Item 3 Page 5 of 43 .. .. Item 3 Page 6 of 43 .. .. Item 3 Page 7 of 43 .. .. Item 3 Page 8 of 43 .. .. Item 3 Page 9 of 43 .. .. Item 3 Page 10 of 43 .. .. Item 3 Page 11 of 43 .. .. Item 3 Page 12 of 43 .. .. Item 3 Page 13 of 43 .. .. 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Item 3 Page 43 of 43 City Council Agenda Report Meeting Date:August 1, 2023 From:Scott Williams, Director of Finance Department:Finance Submitted by:Efren Peregrina Renteria, Finance Specialist Subject Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 66, for the period of July 17, 2022 through July 8, 2023 and consisting of ratification of electronic payments totaling $5,000. Background Section 2.32.060 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Redevelopment Agency Obligation Retirement Account Warrant Register No. 66 covering claims and demands presented during the period of July 17, 2022 through July 8, 2023, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact The fiscal impact of approving Redevelopment Agency Obligation Retirement Account Warrant Register No. 66, totals $5,000. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on RDA Obligation Retirement Account Warrant Register No. 66. Attachments 1. Redevelopment Agency Obligation Retirement Account Warrant Register No. 66 .. .. Item 4 Page 1 of 4 .. .. Item 4 Page 2 of 4 .. .. Item 4 Page 3 of 4 .. .. Item 4 Page 4 of 4 City Council Agenda Report Meeting Date:August 1, 2023 From:Scott Williams, Director of Finance Department:Finance Submitted by:Joaquin Leon, Deputy City Treasurer Subject Quarterly Report of Cash and Investments Recommendation Receive and file the Cash and Investments Report for the quarter ended June 30, 2023. Background On June 6, 2023, City Council adopted Resolution No. 2023-12 approving an Annual Statement of Investment Policy for Fiscal Year 2023-2024 (Investment Policy). The Investment Policy sets forth the course of action necessary to guide the decision making of the City Council, City Treasurer, and those authorized to make investment decisions in the administration of the City’s investment portfolio. In accordance with the City's Investment Policy, the City Treasurer shall render a quarterly report of investments to City Council. The Cash and Investments Report provides an overview of the City’s cash and investment portfolio which reflects how the City’s investment program meets policy objectives. Staff manages the composition of the investment portfolio, conducting periodic cash flow analyses, and benchmarking portfolio performance. For the quarter ended June 30, 2023, the City's investments are in line with anticipated projections. As noted in the attached Cash and Investments Report for the quarter ended June 30, 2023, the City's portfolio is in compliance with the City's Annual Statement of Investment Policy and the City has the ability to meet its budgetary expenditure requirements for the next six months. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. 2023-06 Quarterly Cash and Investment Report .. .. Item 5 Page 1 of 5 CITY OF VERNON CASH AND INVESTMENTS REPORT FOR THE QUARTER ENDED JUNE 30, 2023 .. .. Item 5 Page 2 of 5 TABLE OF CONTENTS  Cash and Investments Report – Summary for the Quarter Ended June 30, 2023 o Statement of Compliance of Quarterly Investment Report to City Investment Policy o Statement of ability to meet budgetary expenditure requirements for the next six months  Cash and Investments Report – Detail Schedule for the Quarter Ended June 30, 2023 .. .. Item 5 Page 3 of 5 City of Vernon Report of Cash and Investments - Summary For the Quarter Ended June 30, 2023 Amount Market Type of Investment Issuer PAR Invested Value Market Price Source Cash and Money Market Funds East West Bank 55,652,664$ 55,652,664$ 55,652,664$ East West Bank State Treasurer Pool "LAIF" State Treasurer LAIF 646,240 530,000 628,084 Local Agency Investment Fund Trust Accounts Bank of New York Mellon Trust Company 36,427,615 36,427,615 36,427,615 Bank of New York Mellon Escrow Accounts Bank of New York Mellon Trust Company 59,965,662 59,965,662 59,965,662 Bank of New York Mellon Cash and Money Market Funds Stifel, Nicolaus & Company 45,081,424 45,081,424 45,081,424 Stifel, Nicolaus & Company US Treasury Bill U.S. Department of the Treasury 29,500,000 29,144,009 29,402,775 Stifel, Nicolaus & Company Certificate of Deposit See the attached detail schedule 494,000 494,000 496,620 Stifel, Nicolaus & Company Total Cash and Investments 227,767,605$ 227,295,375$ 227,654,845$ Compliance Statement: The above portfolio is in compliance with the City's Annual Statement of Investment Policy and has the ability to meet its budgetary expenditure requirements for the next six months. .. .. Item 5 Page 4 of 5 City of Vernon Report of Cash and Investments - Detail Schedule For the Quarter Ended June 30, 2023 FINANCIAL INSTITUTION ACCOUNT NAME INVESTMENT TYPE INVESTMENT NAME CUSIP NUMBER PURCHASE DATE DATE OF MATURITY FACE VALUE (PAR) AMOUNT INVESTED MARKET VALUE INTEREST RATE East West Bank Operating Account Cash N/A N/A N/A N/A 42,330,097.90$ 42,330,097.90$ 42,330,097.90$ 0.75% East West Bank FSA Account Cash N/A N/A N/A N/A 23,913.64$ 23,913.64$ 23,913.64$ 0.75% East West Bank Payroll Cash N/A N/A N/A N/A 817.79$ 817.79$ 817.79$ 0.75% East West Bank Worker's Compensation Account Cash N/A N/A N/A N/A 854,870.75$ 854,870.75$ 854,870.75$ 0.75% East West Bank Liability Insurance Account Cash N/A N/A N/A N/A 1,146.62$ 1,146.62$ 1,146.62$ 0.75% East West Bank Cetera Investments Cash N/A N/A N/A N/A 2,316,317.47$ 2,316,317.47$ 2,316,317.47$ 1.30% East West Bank General Account Money Market Funds N/A N/A N/A N/A 18,760.54$ 18,760.54$ 18,760.54$ 2.07% East West Bank Federal Funds for Street Improvements Money Market Funds N/A N/A N/A N/A 10,180.82$ 10,180.82$ 10,180.82$ 2.07% East West Bank Asset Forfeiture-Federal Funding Money Market Funds N/A N/A N/A N/A 443,309.64$ 443,309.64$ 443,309.64$ 2.07% East West Bank Asset Forfeiture-State Funding Money Market Funds N/A N/A N/A N/A 15,730.91$ 15,730.91$ 15,730.91$ 2.07% East West Bank Drug Abuse Program Money Market Funds N/A N/A N/A N/A 5,232.32$ 5,232.32$ 5,232.32$ 2.07% East West Bank SCWP Money Market Funds N/A N/A N/A N/A 10,497.04$ 10,497.04$ 10,497.04$ 2.07% East West Bank Property Management Money Market Funds N/A N/A N/A N/A 2,961.58$ 2,961.58$ 2,961.58$ 2.07% East West Bank Water Fund Money Market Funds N/A N/A N/A N/A 16,540.48$ 16,540.48$ 16,540.48$ 2.07% East West Bank Light & Power AB1890 Cash N/A N/A N/A N/A 1.00$ 1.00$ 1.00$ 0.00% East West Bank Light & Power Account Money Market Funds N/A N/A N/A N/A 1,978.83$ 1,978.83$ 1,978.83$ 2.07% East West Bank Light and Power Fund Cash N/A N/A N/A N/A 2,308,994.88$ 2,308,994.88$ 2,308,994.88$ 2.07% East West Bank Gas Account Money Market Funds N/A N/A N/A N/A 17,920.36$ 17,920.36$ 17,920.36$ 2.07% East West Bank CARB Natural Gas Rebates Money Market Funds N/A N/A N/A N/A 6,937,484.77$ 6,937,484.77$ 6,937,484.77$ 2.07% East West Bank Fiber Optics Fund Money Market Funds N/A N/A N/A N/A 335,906.76$ 335,906.76$ 335,906.76$ 2.07% East West Bank 55,652,664.10$ 55,652,664.10$ 55,652,664.10$ State of California Local Agency Investment Fund State Treasurer Pool Pooled Money Investment Account N/A 9/30/2003 N/A 646,239.56$ 530,000.00$ 628,084.14$ 2.17% State of California 646,239.56$ 530,000.00$ 628,084.14$ Bank of New York Vernon 21 Electric Cap Improv Fd Cash N/A N/A N/A N/A 190,569.28$ 190,569.28$ 190,569.28$ 0.00% Bank of New York Vernon 20 Wtr Acquisition FD Money Market Mutual Funds Dreyfus Trsy Sec CM Admin 582 X9USDTVM2 N/A N/A 1,988,247.94$ 1,988,247.94$ 1,988,247.94$ 4.87% Bank of New York Vernon 20 Wtr Interest Account Money Market Mutual Funds Dreyfus Trsy Sec CM Admin 582 X9USDTVM2 N/A N/A 160,440.34$ 160,440.34$ 160,440.34$ 4.87% Bank of New York Vernon 20 Wtr Revenue Fund Money Market Mutual Funds Dreyfus Trsy Sec CM Admin 582 X9USDTVM2 N/A N/A 0.70$ 0.70$ 0.70$ 4.29% Bank of New York Vernon 20 Electric Cap Improv Money Market Mutual Funds Dreyfus Trsy Sec CM Admin 582 X9USDTVM2 N/A N/A 132,761.78$ 132,761.78$ 132,761.78$ 4.87% Bank of New York Vernon Ele Rev 09 Debt Serv Reserve Money Market Mutual Funds Goldman Financial SQ Govt X9USDGFSG N/A N/A 33,878,122.37$ 33,878,122.37$ 33,878,122.37$ 4.77% Bank of New York Vernon Ele Rev 09 Debt Service Fund Money Market Mutual Funds Goldman Financial SQ Govt X9USDGFSG N/A N/A 77,472.37$ 77,472.37$ 77,472.37$ 4.77% Bank of New York Mellon Trust Company (Trust Accounts) 36,427,614.78$ 36,427,614.78$ 36,427,614.78$ Bank of New York City of Vernon Escrow Account Money Market Mutual Funds Invesco Government Agency Private X9USDAIMP N/A N/A 2,626,148.39$ 2,626,148.39$ 2,626,148.39$ 4.76% Bank of New York Vernon Esc '06 Lt & Pwr Stabilization A Money Market Mutual Funds Invesco Government Agency Private X9USDAIMP N/A N/A 40,161,515.65$ 40,161,515.65$ 40,161,515.65$ 4.76% Bank of New York City of Vernon Unrestricted Dep AC Money Market Mutual Funds Morgan Stanley Govt Instl 8302 X9USDMOR3 N/A N/A 17,177,998.15$ 17,177,998.15$ 17,177,998.15$ 4.99% Bank of New York Mellon Trust Company (Escrow Accounts) 59,965,662.19$ 59,965,662.19$ 59,965,662.19$ Stifel, Nicolaus & Company City of Vernon Money Market Mutual Funds Dreyfus Treasury Prime N/A N/A N/A 45,081,424.33$ 45,081,424.33$ 45,081,424.33$ 4.96% Stifel, Nicolaus & Company City of Vernon US Treasury Bill US Treasury Bill 912797FZ5 05/22/23 07/25/23 4,500,000.00$ 4,460,467.50$ 4,486,275.00$ 5.15% Stifel, Nicolaus & Company City of Vernon US Treasury Bill US Treasury Bill 912796Y29 04/24/23 07/27/23 25,000,000.00$ 24,683,541.67$ 24,916,500.00$ 5.03% Stifel, Nicolaus & Company City of Vernon Certificate of Deposit Technology Credit Union 87868YAN3 04/19/23 04/28/25 249,000.00$ 249,000.00$ 247,137.48$ 5.00% Stifel, Nicolaus & Company City of Vernon Certificate of Deposit Cornerstone Bank 219232CR4 05/02/23 05/10/28 245,000.00$ 245,000.00$ 249,482.76$ 5.00% Stifel, Nicolaus & Company 75,075,424.33$ 74,719,433.50$ 74,980,819.57$ Total Cash and Investments 227,767,604.96$ 227,295,374.57$ 227,654,844.78$ .. .. Item 5 Page 5 of 5 City Council Agenda Report Meeting Date:August 1, 2023 From:Freddie Agyin, Director of Health and Environmental Control Department:Health and Environmental Control Submitted by:Veronica Petrosyan, Deputy Director of Health and Environmental Control Subject Helping Hands Society of Los Angeles Fee Waiver Recommendation A. Find that granting a fee waiver for Helping Hands Society of Los Angeles (Helping Hands) is an appropriate use of public funds because Helping Hands is a local 501(c)(3) non-profit organization and the funds will support activities that are charitable and provide a substantial benefit to the public; B. Waive annual Public Health Permit, Hazmat, Occupancy Permit, and Business License fees for Helping Hands for Fiscal Year 2023-24 and subsequent years; and C. Waive a one-time permit fee in the amount of $801.33 for the installation of warehouse storage racks at the Helping Hands facility. Background Helping Hands is a 501(c)(3) non-profit that serves the community by providing perishable and non-perishable food items, personal hygiene items, and clothing to small food pantries, other non-profit organizations, and charitable foundations for distribution to those in need. Helping Hands has requested that the City waive the annual fees for its operation at 2360 E. 51st Street. Below is a breakdown of all fees included in Helping Hands’ waiver request: Business License Renewal $3,354.00 Certificate of Occupancy $385.00 Health Permit $416.00 Hazmat $488.00 Hazmat Surcharge $84.00 Rack Storage Permit (one-time) $801.33 Total $5,528.33 In 2021, upon the non-profit’s opening in the City of Vernon, the Council waived the initial occupancy permit and business license fees for Helping Hands, as the presence and operation of the organization within Vernon boundaries is positive for the City. As a good neighbor, and as reflected by the City’s support for non-profit organizations through its Vernon CommmUNITY Fund, Vernon understands the significant positive impact that the services offered by entities like Helping Hands have on the Southeast area. Working with Helping Hands to sustain their operation here in Vernon is aligned with the City’s greater efforts to empower residents of the region who are generally underserved and underrepresented, and who greatly benefit from the offerings of our non-profit community partners. The positive public benefit and community relations value accrual to the City by virtue of Helping Hands’ presence in the Vernon community is significant and justifies the proposed fee waiver. The organization has been an active participant in numerous City events and continues to foster relationships with the Vernon business community to increase donations. .. .. Item 6 Page 1 of 2 Fiscal Impact The 2023-24 fiscal impact is a decrease in revenue of $5,528.33 in the General Fund. For subsequent years, it is estimated that Helping Hands’ annual fees will not exceed $5,000. Attachments None. .. .. Item 6 Page 2 of 2 City Council Agenda Report Meeting Date:August 1, 2023 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Cynthia Cano, Administrative Secretary Subject Change Order No. 1 with Bear Electrical Solutions, Inc., Contract No.CS-1303: Citywide Traffic Signal Maintenance and Repair Recommendation A. Find that approval of the proposed action is categorically exempt under the California Environments Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, Class 1, maintenance, because this project only consists of maintenance and repair of the City’s traffic signals and involves negligible or no expansion of an existing use; and B. Approve and authorize the City Administrator to execute Change Order No. 1 for Contract No. CS-1303 with Bear Electrical Solutions, Inc. for a total amount not-to-exceed $215,000 for traffic signal maintenance and emergency repairs. Background On March 16, 2021, following a formal bid process, City Council awarded a three-year contract to Bear Electrical Solutions, Inc. (Bear) for $348,000 to conduct citywide maintenance and repairs of the City’s 41 traffic signals and authorized a contingency of $50,000 in the event of unexpected repairs. At the time, the annual cost for the desired services was estimated at $116,000. As part of its maintenance program, Bear conducts monthly inspections and maintenance of traffic signals, and makes on-call emergency repairs of damaged and non-functioning equipment, including the repair and replacement of failed components and equipment damaged by traffic collisions. A total of $144,878.48 was spent during the first year, and a total of $197,831.09 was spent during the second year of the contract. Winter storms in late 2022 and early 2023 caused a significant increase in malfunctioning equipment and repairs needed due to automobile accidents resulting in an unanticipated increase in repair costs and exhausting most of the remaining Bear contract funds. Staff requests approval to process a Change Order adding $215,000 to the contract amount, which includes a previously approved contingency of $50,000 in order to cover expenses that may be incurred during the final year of the contract, set to expire on April 30, 2024. The proposed increase will result in a total contract not-to-exceed value of $563,000. Pursuant to Vernon Municipal Code Section 3.32.030(B), City Council approval of the proposed Change Order for Bear. is required, as total payments to Bear would exceed $100,000. Fiscal Impact The fiscal impact is estimated at $215,000. Sufficient funds are available in the General Fund, Public Works Department, Street Operations Division, Repairs and Maintenance Account No. 011-040-430-529000 for the current fiscal year. Attachments 1. Change Order No. 1 - Bear Electrical Solutions, Inc. .. .. Item 7 Page 1 of 2 CITY OF VERI\ION PUBLIC WORIG DEPARTMENT CONTRACTCHANGEORDERNO. 1 SUPPLEMENTNO.SHEETl OF I SIIEETS Contract No. CS-1303PROJECT:Ciffwide Traffic Signal Maintenance and Repair FEDERAL PROJECT No.Project No. Supplemental No.REQUES TED BY: City of Vernon TO:Bear Electrical Solutions, Inc.CONTRACTOR You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. This Change Order No. I provides for the additional work required due to unforeseen traflic collisions and malfunctioning equipment, for an additional amount not to exceed $2151000 for the remainder of the contract. Approved:Date Carlos Fandino, City Administrator Attest:Date: Lisa Pope, City Clerk We, the undersiped Contractor, have given carefirl consideration to the change proposed and hereby agree, ifthis proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date Jnly 11,2023 Contractor: Bear Electrical Solutions. Inc. Anokaw 6atbrBy:Andrew Bader (Jul 12,2023 09:35 PDT)Title: CFO/COO Andrew Bader Accepted Date: July ll,2023 By: Robert Asuncion c: Project File/Contractor/Purchasing Contractor: Bear Electrical Solutions, Inc. Contract Amount (Base Bid)$348,000.00 $215,000.00Amount of This Change Order Amount of Previous Change Orders $0 Total Change Orders $215000.00 Modified Contract Amount $563,000.00 Bv reason ofthis chanse order the time of cJmoletion will be adiisted as follows: u aooluonal calencar cays Title: Vice President Rev.0l/13 M"*> Rob€rt Asuncion (Jul 12, 2023 06:42 GMT+2) .. .. Item 7 Page 2 of 2 3 4 0 City Council Agenda Report Meeting Date:August 1, 2023 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Lissette Melendez, Project Engineer Subject Notice of Completion for Contract No. CS-1456 Citywide Tree Wells Recommendation A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) because it is an administrative procedure and will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a ”project” as defined by CEQA Guidelines Section 15378; B. Accept the work of FS Contractors, Inc. as related to City Contract No. CS-1456; and C. Authorize the Director of Public Works to execute and submit the Notice of Completion for the project to the Los Angeles County Recorder’s Office. Background On October 18, 2022, the City Council awarded City Contract No. CS-1456 Citywide Tree Wells in the amount of $702,690 to FS Contractors, Inc. This project consisted of construction of 103 new stormwater tree wells and installation of trees and tree wells on Soto Avenue, per the City of Vernon Tree Planting Standard Plan MV1891. The unique tree well design collects runoff from the gutter and channels it into the tree well where the runoff is treated through biofiltration and infiltration while simultaneously supplementing the irrigation requirements of the tree. City Contract CS-1456 was completed on June 20, 2023, in accordance with the project specifications and City Staff expectations. Fiscal Impact The final contract cost was $702,690. The project was fully funded by the Los Angeles County’s Safe Clean Water Program (SCWP). Attachments 1. Notice of Completion for CS-1456 .. .. Item 8 Page 1 of 2 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City of Vernon Attention: City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE For the benefit of City of Vernon No fee per Government Code Section 27383 APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT, PURSUANT TO CIVIL CODE SECTION 9024: 1. The undersigned is the owner, or corporate officer of the owner, of the interest or estate below in the property hereinafter described. 2. The full name of the owner is: The City of Vernon. 3. The full address of the owner is: 4305 Santa Fe Avenue, Vernon, CA 90058. 4. The nature of the interest or estate of the owner is: In Fee. 5. A work of improvement on the property hereinafter described was completed and accepted on July 18, 2023. The work done was: construction and installation of Citywide Street Tree Wells pursuant to City Contract No. CS- 1456. 6. The name of the contractor, if any, for such work of improvement was FS Contractors, Inc. The property on which said work of improvement was completed is in the City of Vernon, County of Los Angeles, State of California, and is described as follows: construction and installation of Citywide Street Tree Wells, per City Standard Plan MV1891. Dated: July 18, 2023 I, Daniel Wall, Director of Public Works, verify the foregoing Notice of Completion on behalf of the City of Vernon; I have read said Notice and know the contents thereof; and I have personal knowledge of the facts stated herein. I declare under penalty of perjury that the foregoing is true and correct. _______________________________ Daniel Wall, Director of Public Works On __________, before me, Lisa Pope, City Clerk for the City of Vernon, personally appeared Daniel Wall, Director of Public Works for the City of Vernon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. _________________________________ Lisa Pope, City Clerk A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. .. .. Item 8 Page 2 of 2 City Council Agenda Report Meeting Date:August 1, 2023 From:Robert Sousa, Chief of Police Department:Police Submitted by:Brandon Gray, Captain Subject Professional Services Agreement with All City Management Services for Crossing Guard Services Recommendation Approve and authorize the City Administrator to execute a Professional Services Agreement with All City Management Services, in substantially the same form as submitted, for crossing guard services, for a total amount not-to-exceed $165,014, for a three-year term. Background To ensure the safety of students and their families, the City currently provides crossing guard services at three intersections located near Vernon City Elementary School and Maywood Elementary School, respectively. Although Maywood Elementary is not within Vernon, the school is located just outside of City boundaries and is attended by Vernon residents. The areas surrounding the two schools are densely populated and, with a mass of commuters traveling to and from work, school, and home, traffic is consistently heavy. The crossing guard services provided by the City are vital to maintain the safety and welfare of the public. The City’s previous contract for crossing guard services with All City Management Services (ACMS) expired on June 30, 2023. Prior to the contract expiration, the Police Department (Department) obtained a quote from ACMS for the 2023-2024 school year. The cost quoted for one year of services exceeded $50,000, thus triggering the requirement for staff to conduct a formal competitive selection process and issue a Request for Proposals (RFP) in accordance with Vernon Municipal Code (VMC) Section 3.32.080. Subsequently, on July 10, 2023 the Department issued an RFP seeking proposals for crossing guard services. Pursuant to VMC Section 3.32.080, the RFP was reviewed by the City Attorney and approved by the City Administrator. The RFP was posted on PlanetBids and emailed to five qualified vendors as required by VMC Section 3.32.130. In response to the RFP, only two proposals were received by the July 24, 2023 deadline. The written proposals were subject to a review process by three (3) Department employees with extensive knowledge of the City’s crossing guard program (selection panel). Individual scores were applied by members of the selection panel using the weighted evaluation criteria set forth in the RFP. Once the scores were averaged, ACMS held the overall top score. Based on the results of the RFP, staff recommends approval of a three-year agreement with ACMS to provide crossing guard services for the City. ACMS met all the RFP criteria, including qualifications, responsiveness to the RFP, and references. ACMS has over 36 years of experience providing crossing guard services to communities in 20 states, including several in the Southern California area. The proposed agreement has been reviewed and approved as to form by the City Attorney’s office... .. Item 9 Page 1 of 53 Fiscal Impact The fiscal impact is not-to-exceed $165,014. Sufficient funds are available in General Fund, Community Development, Professional Services – Other Account No. 011-010-160-529215 for the current fiscal year. Attachments 1. ACMS Agreement .. .. Item 9 Page 2 of 53 Page 1 of 17 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES COVER PAGE Contractor: All City Management Services, Inc. Responsible Principal of Contractor: David Mecusker, Marketing & Contract Manager Notice Information - Contractor: All City Management Services 10440 Pioneer Boulevard, Suite 5 Santa Fe Springs, CA 90670 Attention: David Mecusker, Marketing & Contract Manager Telephone: 800-540-9290 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Robert Sousa, Police Chief Telephone: (323) 583-8811 ext. 114 Commencement Date: August 1, 2023 Termination Date: July 31, 2026 Consideration: Total not to exceed $165,014.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 11.20 .. .. Item 9 Page 3 of 53 Page 2 of 17 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and All City Management Services, Inc. a California corporation (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on August 1, 2023. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about July 10, 2023, and titled Crossing Guard Services, and Contractor's proposal to the City ("Proposal") dated July 24, 2023, Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement. 3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. .0 TERM. The term of this Agreement shall commence on August 1, 2023, and it shall continue until July 31 2026, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of .. .. Item 9 Page 4 of 53 Page 3 of 17 the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed [state amount] without the prior authorization of the City, as appropriate, and written amendment of this Agreement. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and .. .. Item 9 Page 5 of 53 Page 4 of 17 interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such .. .. Item 9 Page 6 of 53 Page 5 of 17 claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. Notwithstanding anything in this section to the contrary, however, in the event that a court of jury determines that liability with respect to any “Claims or Liabilities” was caused or contributed to by the negligent act, error, omission or willful misconduct of the City, liability will be apportioned between Contractor on the one hand and the City on the other hand with regard to such Loss based upon the parties’ respective degrees of culpability, as determined by the court or jury, and Contractor’s duty to indemnify the City, its officers, agents, employees will be limited accordingly. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries, and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. The city of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds and under the Contractors’ policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. iii. General Liability with minimum limits of at least $2,000,000 per occurrence and $4,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, .. .. Item 9 Page 7 of 53 Page 6 of 17 meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries, and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iv. Excess Coverage – Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to project it as a named insured. Any umbrella liability policy or excess liability policy will in “following form” and will contain a provision to the effect that, if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized .. .. Item 9 Page 8 of 53 Page 7 of 17 by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize .. .. Item 9 Page 9 of 53 Page 8 of 17 in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought. .. .. Item 9 Page 10 of 53 Page 9 of 17 11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. .. .. Item 9 Page 11 of 53 Page 10 of 17 11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon .. .. Item 9 Page 12 of 53 Page 11 of 17 Attention: Robert Sousa, Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: All City Management Services, Inc. Attention: David Mecusker, Marketing and Contract Manager 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force .. .. Item 9 Page 13 of 53 Page 12 of 17 Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. .. .. Item 9 Page 14 of 53 Page 13 of 17 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page]. .. .. Item 9 Page 15 of 53 Page 14 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos Fandino, City Administrator All City Management Services, Inc. a California corporation By: Name: Title: ATTEST: _______________________________ Lisa Pope, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, City Attorney .. .. Item 9 Page 16 of 53 Page 15 of 17 EXHIBIT A CONTRACTOR'S PROPOSAL .. .. Item 9 Page 17 of 53 .. .. Item 9 Page 18 of 53 .. .. Item 9 Page 19 of 53 .. .. Item 9 Page 20 of 53 .. .. Item 9 Page 21 of 53 .. .. Item 9 Page 22 of 53 .. .. Item 9 Page 23 of 53 .. .. Item 9 Page 24 of 53 .. .. Item 9 Page 25 of 53 .. .. Item 9 Page 26 of 53 .. .. Item 9 Page 27 of 53 .. .. Item 9 Page 28 of 53 .. .. Item 9 Page 29 of 53 .. .. Item 9 Page 30 of 53 .. .. Item 9 Page 31 of 53 .. .. Item 9 Page 32 of 53 .. .. Item 9 Page 33 of 53 .. .. Item 9 Page 34 of 53 .. .. Item 9 Page 35 of 53 .. .. Item 9 Page 36 of 53 .. .. Item 9 Page 37 of 53 .. .. Item 9 Page 38 of 53 .. .. Item 9 Page 39 of 53 .. .. Item 9 Page 40 of 53 .. .. Item 9 Page 41 of 53 .. .. Item 9 Page 42 of 53 .. .. Item 9 Page 43 of 53 .. .. Item 9 Page 44 of 53 .. .. Item 9 Page 45 of 53 .. .. Item 9 Page 46 of 53 .. .. Item 9 Page 47 of 53 .. .. Item 9 Page 48 of 53 .. .. Item 9 Page 49 of 53 .. .. Item 9 Page 50 of 53 Page 16 of 17 EXHIBIT B SCHEDULE .. .. Item 9 Page 51 of 53 .. .. Item 9 Page 52 of 53 Page 17 of 17 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. .. .. Item 9 Page 53 of 53 City Council Agenda Report Meeting Date:August 1, 2023 From:Scott Williams, Director of Finance Department:Finance Submitted by:Marisela Martinez, Buyer Subject Amendment No. 1 to the Professional Services Agreement with SDI Presence LLC Recommendation Approve and authorize the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with SDI Presence LLC, in substantially the same form as submitted, for project management services for a total not-to-exceed $224,437.50, for an additional term of one year and four months. Background On December 1, 2020, the City Council approved the implementation of a new comprehensive Enterprise Resource Planning (ERP) system for the City. Given the complexity and breadth of this project, it was determined that the services of a project management consultant would also be required to achieve a successful implementation and deployment of the new system. Accordingly, following a Request for Proposal process, on April 20, 2021, City Council approved the Professional Services Agreement with SDI Presence LLC (SDI) for project management services related to the City’s ERP system implementation in an amount not-to-exceed $819,000 for three years. Since then, SDI has provided project management services for the implementation of the Tyler ERP Munis software system, which includes modules for Budget and Purchasing, EnerGov, and the Munis Utility Billing Customer Information System. SDI works with Tyler and the City to ensure an effective deployment of all components of the ERP system, manages the multi-year project schedule, and monitors and communicates progress to City management. Staff has worked diligently with Tyler and SDI on each phase of the implementation process resulting in the successful launch of several Tyler Munis modules including Budget, Purchasing, Accounts Payable, Contract Management, Capital Assets, and Project Management. Most recently, on May 1, 2023, the City launched use of Tyler’s permitting module, EnerGov, providing customers the ability to apply, check status, and pay for permits and business licenses online. As of June 30, 2023, a balance of 211.50 hours remained available under the existing SDI Agreement, equating to $37,012.50. Although significant progress has been made in the City’s transition to a new ERP system, implementation changes and scheduling issues have caused project delays and have induced a need for additional assistance beyond the 211 hours. Staff is currently working on Accounts Receivable, Cashiering, Human Resource and Talent Management, ExecuTime Time & Attendance and Payroll, and is also in the early implementation stage for Utility Billing (scheduled to go live in about one year). Additionally, implementation for the Environmental Health module is set to start in December 2024. Staff and SDI estimate that an additional 1,282.50 hours and a term extension of one year and four months are sufficient to complete the ERP project implementation. Staff requests approval of Amendment No. 1 for an additional $224,437.50 and to extend the term to August 19, 2025. This increase will result in a total agreement amount not-to-exceed $1,043,437.50. Pursuant to Section 3.32.030 (B) of the Vernon Municipal Code, if in the 12 months preceding the effective date of a proposed new, renewed, or otherwise amended .. .. Item 10 Page 1 of 4 contract, the City has paid or awarded the proposed vendor more than $100,000 pursuant to contracts with the vendor, then the amended contract shall be approved only by City Council. The proposed Amendment No. 1 has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact is not-to-exceed $224,437.50. Sufficient funds are available in General Fund, Information Technology Department, Professional Services – IT Account No. 011-010-110- 529210 for the current fiscal year and will be included in the FY 2024-25 budget. Attachments 1. Amendment No. 1 – SDI Presence LLC .. .. Item 10 Page 2 of 4 AMENDMENT NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SDI PRESENCE LLC FOR PROJECT MANAGEMENT SERVICES FOR ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM IMPLEMENTATION This Amendment No. 1 (Amendment) to the Agreement for project management services for ERP system implementation dated April 20, 2021, (Agreement), is made as of August 1, 2023, by and between the City of Vernon, a California charter city and municipal corporation (City), and SDI Presence LLC, (Contractor), a limited liability company. The City and Contractor agree as follows: RECITALS A. The City and Contractor are parties to a written Agreement dated April 20, 2021, under which Contractor provides project management services for ERP system Implementation. B. The City and Contractor desire to amend the Agreement to extend the Agreement for an additional one (1) year and four (4) months effective August 1, 2023, for a total additional amount not to exceed $224,437.50. NOW, THEREFORE, the parties to this Amendment agree as follows: 1. The Agreement term is extended for an additional one (1) year and four (4) months, and the Termination Date listed on the Cover Page and Section 4.0 (Term) of the Agreement is changed to August 19, 2025. 2. Contractor’s grand total consideration for the Agreement term, from April 20, 2021, to August 19, 2025, shall not exceed the amount of $1,043,437.50. 3. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. 4. The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. 5. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. [Signatures Begin on Next Page]. .. .. Item 10 Page 3 of 4 SDI Presence LLC Amendment No. 1 Page 2 of 2 _______________________ IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause. City of Vernon, a California Charter City and California municipal corporation _______________________________ CARLOS FANDINO, City Administrator ATTEST: ________________________________ LISA POPE, City Clerk APPROVED AS TO FORM: _______________________________ ZAYNAH N. MOUSSA, City Attorney SDI Presence LLC, a limited liability company By: Name: Title: By: Name: Title: .. .. Item 10 Page 4 of 4 City Council Agenda Report Meeting Date:August 1, 2023 From:Daniel S. Wall, P.E., Director of Public Works Department:City Clerk Submitted by:Daniel S. Wall, P.E., Director of Public Works Subject Mixed Use Industrial Zoning Along Santa Fe Avenue Recommendation Conduct second reading and adopt Ordinance No. 1293 adding and amending various chapters in Title 17 – Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along Santa Fe Avenue. Background At the July 18, 2023 Regular City Council Meeting, the Vernon City Council introduced and conducted first reading of Ordinance No. 1293 which adds and amends various chapters in Title 17 – Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along the Santa Fe Avenue. Following introduction, additional non-substantive edits were made, shown in the attached redline version of the ordinance. The Ordinance Summary was posted on the City’s website on July 19, 2023, and will be published on July 27, 2023 pursuant to legal requirements. Staff requests the City Council conduct second reading and adopt Ordinance No. 1293. Fiscal Impact The Ordinance Summary will be published pursuant to legal requirements. Sufficient funds are available in the General Fund, City Clerk Department, Publication/Advertisement Account No. 011-010-125-5250000 for the current fiscal year. Attachments 1. Ordinance No. 1293 2. Ordinance No. 1293 Redline .. .. Item 11 Page 1 of 133 ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING AND AMENDING VARIOUS CHAPTERS IN TITLE 17 - ZONING OF THE VERNON MUNICIPAL CODE TO ALLOW MIXED USE INDUSTRIAL ZONING ALONG SANTA FE AVENUE SECTION 1. Recitals. A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California. B. Vernon Municipal Code Title 17 – Zoning (Zoning Code), establishes zoning regulations and provisions in the City and designates, regulates, and restricts various matters of zoning and land use. C. The City Council desires to amend the Zoning Code to allow mixed use industrial zoning along Santa Fe Avenue (Westside Amendments). In the enactment of this title, the City Council has given due and special consideration to the industrial nature of the City, and to the City’s continuing focus on providing a suitable location for industry and the infrastructure and services required to serve industrial activities. The City’s intent is to continue to support the ongoing industrial character of the City, while recognizing the changing industrial environment throughout the United States and globally, and to respond appropriately. The City Council has further seriously considered the impact of the City’s historically industrial environment and resulting land use incompatibilities with certain other uses as a result of, among other issues, the storage, use, transportation, and processing of hazardous materials; background contamination; noxious odors; noise pollution; and truck and railroad traffic throughout the City. D. In preparation for the Westside Amendments, during the past 34 months staff and/or members of the City Council have participated in five items presented to the City Council, seven Stakeholder Committee meetings, and six one-on-one meetings with owners of property within the proposed zoning districts. E. A duly-noticed public hearing has been held to consider the proposed Zoning Code changes, and public testimony has been received and considered. F. By separate resolution, the City Council is amending the General Plan and certifying the Final Program Environmental Impact Report related to the Westside Amendments. .. .. Item 11 Page 2 of 133 Ordinance No. 1293 Page 2 of 65 _______________ THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from CEQA review because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. In compliance with CEQA Guidelines (California Code Regulations, Title 14, Section 15000 et seq.), the City of Vernon prepared the Final Program Environmental Impact Report for the Westside Amendments to the General Plan and for the Westside Amendments to Title 17 of the Vernon Municipal Code, as set forth and certified in a separate resolution amending the General Plan. SECTION 4. Section 17.04.020 is amended to read as follows: 17.04.020 Purpose and intent. The purpose of this title is to consolidate and coordinate all existing zoning regulations and provisions into one comprehensive zoning plan that designates, regulates, and restricts the use, location, and size of buildings, ancillary structures, and land for industrial uses and other permitted purposes and that establishes performance and development standards in order to protect the public health, safety, and welfare. To achieve these purposes, this title establishes zones within the City and various overlay zones of such number, shape, and area as have been deemed best suited to carry out these regulations and provide for the administration and enforcement of said regulations. It is declared that in the enactment of this title, the City Council has given due and special consideration to the industrial nature of the City, and to the City’s continuing focus on providing a suitable location for industry and the infrastructure and services required to serve industrial activities. The City’s intent is to continue to support the ongoing industrial character of the City, while recognizing the changing industrial environment throughout the United States and globally, and to respond appropriately. The City Council has further seriously considered the impact of the City’s historically industrial environment and resulting land use incompatibilities with certain other uses as a result of, among other issues, the storage, use, transportation, and processing of hazardous materials; background contamination; noxious odors; noise pollution; and truck and railroad traffic throughout the City. .. .. Item 11 Page 3 of 133 Ordinance No. 1293 Page 3 of 65 _______________ SECTION 5. Section 17.16.020 is amended to read as follows: 17.16.020 Definitions. “Adult or sexually oriented businesses” shall have the same meaning as defined in Chapter 5.04, “Business License and Regulations,” Chapter 5.40, “Adult or Sexually Oriented Businesses” (See Section 5.40.020 of this Code), and shall be deemed to be a First Amendment protected use. “Amendment” means a change in the wording, context, or substance of this title or a change in the zone or overlay zone boundaries or zone or overlay zone classifications upon the Zoning Map. “Ancillary structure” means any structure that is built or constructed to be used in connection with the use of the property on which it is located, including items such as a fence, wall, steps, sign, or other structure built or composed of parts joined together in some definite manner, excluding a building, and shall also include any equipment anchored to the ground. “Ancillary retail use” means a retail use customarily incidental or subordinate to a person’s permitted use, as further described in Section 17.22.040 that does not occupy more than 10% of the gross floor area occupied by the person’s permitted use. Any retail activity exceeding this limit shall be considered a primary use of property and subject to the land use regulations applicable to such use. Ancillary retail use shall not include mail-order or internet sales in connection with a permitted use. “Ancillary use” means a use customarily incidental or subordinate to a person’s permitted use, as further described in Section 17.22.020(E), such as office space or showroom space that does not occupy more than 20% of the gross floor area occupied by the person’s permitted use. Ancillary use shall include mail-order or internet sales in connection with a permitted use. “Art galleries” means a physical location where art is shown to the public and may be made available for purchase. “Artisan Industrial” means industrial uses under 5,000 square feet per space which do not produce noise, vibration, fire hazard or noxious emissions that would disturb or endanger neighboring units or properties. Examples include artist and artisan studios, custom manufacturing, photofinishing or photography studios, commercial kitchens, and print shops. Auto Wrecker. See “Junk or salvage business.” “Awning” means an architectural projection that provides weather protection, identity, or decoration, and which projects from and is wholly supported by the exterior wall of a .. .. Item 11 Page 4 of 133 Ordinance No. 1293 Page 4 of 65 _______________ building to which it is attached, requiring no additional structure(s) for support. An awning is typically composed of canvas or other similar material. “Big box retail” means a retail use with individual tenant space(s) over forty thousand (40,000) square feet housed in a newly constructed standalone commercial building. These types of uses engage in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Billboard. See “Outdoor advertising structure.” “Building” means any structure having a permanent roof supported by columns or walls and attached to the ground. “Canopy” means any fixed roof-like structure or architectural projection of rigid construction that is structurally independent or supported by attachment to a building on one end and by not less than one stanchion on the outer end. “Cell tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed, and lattice construction steel structures. “CEQA” means the California Environmental Quality Act, California Public Resources Code Sections 21000—21189. “Change of use” means any new use or change of activity, including any commencement of a new business activity, purpose, or use that requires a permit from the Department of Public Works pursuant to this title, except that a use permitted by a Temporary Use Permit or a Special Events Permit shall not be considered a Change of Use. “City” means the City of Vernon. “City Council” means the City Council of the City of Vernon. “Code” means the Municipal Code of the City of Vernon. “Cold storage warehouse” means a building or part of a building used primarily to store non-durable, perishable goods under refrigeration at temperatures of 35º Fahrenheit or lower, excluding areas used for the processing, preparing, or packaging of such goods for storage. “Commercial use” means businesses that provide goods or services, including, but not limited to, banks, publishing and printing shops, equipment rental and leasing, offices, automotive repair, and urgent care facilities. .. .. Item 11 Page 5 of 133 Ordinance No. 1293 Page 5 of 65 _______________ “Community facilities” means buildings and facilities intended to be used by the general public (or segments of the general public), including, without limitation, government offices, public schools, private schools (including special purpose schools, such as nursery schools or special interest schools, but not including trade schools), libraries, museums, senior citizen centers, day care centers, hospitals and emergency rooms, multi-use facilities, such as YMCAs and community centers, cemeteries, and other similar facilities, but not including a religious use, fitness and recreational facilities, or a convention venue, as defined below. “Conditional Use Permit” means a discretionary permit granted by the City Council for certain uses of property not permitted of right because such uses require special review and may be subject to special conditions. The requirements for a Conditional Use Permit are set forth in Chapter 17.72. “Contractor’s yard” means a permanent site that houses a contractor’s equipment or materials which are stored outdoors. “Convention venues” means establishments providing space for public or private gatherings and meetings, including, but not limited to, banquet rooms, auditoriums, and conference/convention facilities. This definition does not include adult or sexually oriented businesses, religious uses, fitness and recreational facilities, or bars. “Data center” means a building with a controlled environment used for housing a large amount of electronic equipment, typically computers and communications equipment, for the purpose of creating a hosted computer environment. “Density” means the total number of permanent residential dwelling units per acre of land, exclusive of all existing public right-of-way surfaces or similar property. “Development Agreement” means a contract duly executed and legally binding between the City of Vernon and a developer(s) pursuant to Government Code Section 65864 et seq. “Development standards” means the development and performance standards described in Section 17.22.070, “Development and performance standards,” and/or development and performance standards identified for individual overlay zones in this title. “Digital display” means the face of a sign or outdoor advertising structure that is comprised of a digital or electronic face with intermittent changeable messages. “Director” means the City of Vernon Director of Public Works, or designee. “Distributed generation” means decentralized power generating facilities interconnected to the City’s distribution system and used exclusively to meet the customer’s load requirements at the site to offset power consumption normally provided by the City and .. .. Item 11 Page 6 of 133 Ordinance No. 1293 Page 6 of 65 _______________ may include, but not be limited to solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind generators, biomass-fueled facilities, fuel cells, water-powered energy systems, combined heat and power facilities, energy storage devices, micro- turbines and waste burning power facilities. “Drive-through” or “drive-up facilities” means an establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services examples include fast food restaurants, banks, and pharmacies. Dwelling Unit. See “Residence.” “Emergency shelter,” pursuant to California Health and Safety Code Section 50801(e), means a facility that provides immediate and short-term housing to homeless persons or families on a first-come, first-serve basis where the individual(s) must vacate the facility each morning and have no guaranteed bed for the next night. No individual or household may be denied emergency shelter because of inability to pay. “Encouraged” means a use permitted of right in the Mixed-Use zones and which, when combined with other encouraged uses, triggers incentives per Chapter 17.53. “First Amendment protected uses” means those uses with legal precedent to be protected by the First Amendment to the United States Constitution, specifically those uses constitutionally protected due to “freedom of association” in the form of intimate association (“intimate human relations”) or expressive association (“engaging in those activities protected by the First Amendment—speech, assembly, petition for the redress of grievances, and the exercise of religion”). First Amendment protected uses shall include, but not be limited to, adult or sexually oriented businesses and tattoo parlors. “Fitness and recreational facilities” means buildings and facilities used for fitness and recreational purposes, including, but not limited to, cross-fit and rock-climbing gyms, dance and martial arts studios, skate parks, roller derby, and spectator-related events related thereto. “Floor area” means the total horizontal area of all floors contained within the exterior walls of all buildings, measured by the exterior dimensions of the building, on a lot. It shall include elevated storage areas and platforms, walkways, and similar interior structures or facilities used to provide access to such storage areas, but not where the same are used to provide access solely to machinery or equipment and are not normally occupied, except to maintain the equipment. Outdoor dining areas and balconies shall be considered floor area for determining the required parking and loading requirements. It shall not include awnings, or garages that are required parking for a permitted residential use. “Floor area ratio” means the ratio of the floor area of all buildings on a lot to the buildable area of that lot. .. .. Item 11 Page 7 of 133 Ordinance No. 1293 Page 7 of 65 _______________ “Force majeure” means an event that is not within the control of the owner of the property, including, without limitation, earthquake, flood, fire, and acts of war or terrorism. “Freight terminal” means any lot, building, or portion thereof where goods or freight, excluding perishable goods, are transferred or redistributed from one vehicle to another; provided, however, that such use in connection with the operation of a warehouse use or cold storage warehouse shall not be deemed to be a freight terminal. A freight terminal shall not include any use involved in the storage of products for more than 72 hours. (For products stored longer than 72 hours, see “Warehouse use.”) “Fueling station” means any establishments engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories, that may include accessory minor maintenance and repair of automobiles and light trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). Minor repair does include body and fender work. “Garage” means a structure or portion of a structure completely enclosed by walls or doors on all sides that is designed or used to shelter one or more parking spaces. “Goods Sales” means physical retail spaces where goods are sold. This includes warehouse stores and boutiques. “Hazardous waste facility” means any facility or location which has a primary function to store or process, treat, transfer, dispose of, or recycle all substances defined as hazardous waste, acutely hazardous waste, extremely hazardous waste, or biohazardous waste, as defined by the State of California in Chapter 6.5 of Division 20 of the Health and Safety Code or in any amendments to or recodifications thereof. The definition shall not include the storage, use, generation, recycling, or disposal of hazardous materials as a secondary effect, product, or input of a permitted use on the same lot as the permitted use. “Hotel” means any building containing two or more individual rooms or suites of rooms intended or designed to be used, or which are used, rented, or hired out to be occupied for sleeping or housing purposes by guests. Hotels include motels, boarding houses, rest homes, sanitariums, dormitories, hostels, and any other structure or building other than a residence or emergency shelter used for the housing or sleeping of humans. Co-living and executive apartment facilities are also included in this definition. Co-living is dormitory style living with extensive common amenities targeting mostly single professionals. An executive apartment is a short-term, furnished apartment that caters to people who come to work in a community for a defined period of time or who move from another city. “Incidental use” means a use that is in connection with a person’s permitted use, as further described in Section 17.22.040(E), such as office space, design area or showroom space, that occupies more than 20% but less than 50% of the gross floor area occupied by the .. .. Item 11 Page 8 of 133 Ordinance No. 1293 Page 8 of 65 _______________ person’s permitted use. Incidental use shall not include a retail use, but may include mail- order or internet sales in connection with a permitted use. “Industrial gas manufacturing” means the separation of the constituents of air into liquid or gaseous form for storage, transport, or cylinder filling, and the distribution and sale of those products, as well as other related welding gases. “Industry” or “industrial use” means the manufacture or production of any saleable article, substance, or commodity, so long as the process adds substantial value to the article, substance, or commodity, and shall not include tasks primarily consisting of collecting, sorting, shipping, distributing, or inspecting goods from or in a warehouse or terminal. Industrial use includes uses ancillary to the manufacturing or production process, such as storage, use, generation, and disposal of hazardous materials (as defined in Federal and State laws and regulations) incidental to a manufacturing or production process; recycling incidental to a manufacturing or production process; and use of space for ancillary use. “Junk or salvage business” means an auto wrecker or any business dealing in, selling, distributing, or buying for resale scrap materials (that is, used or waste materials) that require processing or recycling to be useful, including, without limitation, metal, cloth, paper, glass, wood, cardboard, plastics, or comparable matter, including used consumer products, but shall not include a yard ancillary to an industrial use. Junk or salvage business shall not include a business that processes or recycles the scrap materials on- site as a recycling facility. “Landscaping” means an area devoted to the growing of plants, including trees, shrubs, grasses, or groundcovers for the visual or aesthetic enjoyment of people. Landscaping may include synthetic turf, fountains or sculpture in a minor portion of the area. “Legal nonconforming building or standards” means a building or ancillary structure or portion thereof which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations set forth in this Code applicable to the zone or overlay zone in which such building or ancillary structure is located, including failure to comply with the development standards or site planning standards applicable to such zone or overlay zone. “Legal nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title, no longer conforms to the regulations set forth in this title applicable to the zone or overlay zone in which such use is located. “Light Industrial” means industrial uses that do not create smoke, gas, odor, dust, noise, vibration of earth, soot, lighting, or other similar output to a degree that is offensive when measured at the property line of the subject property. The facilities have an emphasis on activities other than manufacturing and typically have minimal office space. Typical light industrial activities include printing, material testing and assembly of data processing .. .. Item 11 Page 9 of 133 Ordinance No. 1293 Page 9 of 65 _______________ equipment. These land uses are generally less than 50,000 square feet in gross floor area. Other examples include photographic processing shops, textiles, apparel and furniture upholstery, leather and leather products, appliance repair shops, and mechanical assembly cleaning. “Live/Work” means units that combine a residential space and an adequate artistic, office or productive (work) space within the same unit. “Loading space” means an off-street space that is maintained for the parking of a vehicle while loading or unloading merchandise or materials from the vehicle into a building located on the same lot as the space. “Lot” means a quantity or parcel of land in the possession of, or owned by, or recorded as the property of the same claimant or person, and that is: 1. A parcel of real property when shown as a delineated parcel of land with a number or other designation on a tract or plat map recorded in the office of the County Recorder; 2. A parcel of land, the dimensions and boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State in the office of the County Recorder; or 3. A legal lot or parcel as defined in the California Subdivision Map Act. Where parcels of land in the same ownership are separately legally described and are developed as permitted by this Code, such individual parcels shall be considered as separate lots, but if a covenant that ties two or more lots has been recorded, all of the tied lots shall be treated as one lot. “Major alteration or repair” means a renovation, alteration, or repair for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three year period, commencing when the permit, if required, is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, equals or exceeds 50% of the current fair market value of all of the buildings located on the same lot. For purposes of this title, the cost of the renovation, alteration, or repair shall exclude any costs incurred for environmental investigation, testing, and remediation. For purposes of this title, current fair market value shall be determined based only on the value of the building, and shall not include the value of the unimproved land, any personal property or equipment, or any parking lot or landscaping. Fair market value shall not include the cost or value of the contemplated renovation, alteration, or repair, and shall be determined without reference to damage caused by an event of force majeure, if any. If the owner and the City do not agree on the current fair market value, the parties shall rely on a current appraisal by an independent third party MAI appraiser having at least five years’ commercial real estate appraisal experience in the Los Angeles, California metropolitan area, obtained by the owner, at the owner’s expense. .. .. Item 11 Page 10 of 133 Ordinance No. 1293 Page 10 of 65 _______________ “Manure fertilizer business” means a business dealing in, buying, selling, handling, processing, or storing of manure; provided, however, that manure fertilizer business shall not mean or include: (1) the storage and drying, grinding, and grading of manure upon the property where the same is produced as a result of or in connection with the operation of any business permitted in the S Overlay Zone; (2) manufacture of chemical fertilizers; or (3) fertilizer generated from sludge. “Marijuana dispensary, store, co-op, or cultivation operation” means and includes any location, structure, facility, residence, or similar to the same used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, planted, cultivated, or processed, including any of the foregoing if used in connection with the delivery of marijuana. “Market” means a physical storefront with a focus on selling food and drink for off-site preparation, including a farmers’ market. “Master Plan of Streets” means the Master Plan of Streets of the City of Vernon. “Media Production Studios” means studio space for media production activities including: storyboarding, photography, audio recording, video recording, post-production editing, sound design, and any other media production activity. “Minor alteration or repair” means a renovation, alteration, or repair for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three- year period, commencing when the permit, if required, is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, does not equal or exceed 50% of the current fair market value of all of the buildings located on the same lot. For purposes of this title, the cost of the renovation, alteration, or repair shall exclude any costs incurred for environmental investigation, testing, and remediation. For purposes of this title, current fair market value shall be determined based only on the value of the building, and shall not include the value of the unimproved land, any personal property or equipment, or any parking lot or landscaping. Fair market value shall not include the cost or value of the contemplated renovation, alteration, or repair, and shall be determined without reference to damage caused by an event of force majeure, if any. If the owner and the City do not agree on the current fair market value, the parties shall rely on a current appraisal by an independent third party MAI appraiser having at least five years’ commercial real estate appraisal experience in the Los Angeles, California metropolitan area, obtained by the owner, at the owner’s expense. “Minor Conditional Use Permit” means a discretionary permit granted by the Director for certain uses of property not permitted of right because such uses require special review and may be subject to special conditions. .. .. Item 11 Page 11 of 133 Ordinance No. 1293 Page 11 of 65 _______________ “Multi-Family Dwelling” means a building or a portion of a building used and/or designed as residences for two or more households living independently of each other. Apartments and condominium flats are multi-family dwellings while townhomes (attached single- family dwellings within a condominium parcel) are not considered multi-family dwellings. “New construction” means the construction of a new building that is not attached to an existing building. “Nightlife” means establishments that primarily serve alcoholic beverages (not including restaurants that primarily serve food, and that also serve alcoholic beverages), including, without limitation, bars, breweries, taverns, lounges, and nightclubs. Nightlife shall not include an adult or sexually oriented business, even if it serves alcoholic beverages. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used. “Office Manufacturing” means a dual purpose space containing office spaces as well as spaces within which to manufacture goods, where manufacturing activities are directly related to and subservient to the office activities, such as design, engineering, testing, etc. Examples include R&D campuses and maker spaces. “Offices” means uses where professional, administrative, or common business services are provided and which are not ancillary uses or incidental uses as defined by this title, such as, but not limited to, real estate firms, medical and professional offices, stock brokerages, and bond and insurance firms. “Outdoor advertising structure” means any sign, logo, picture, transparency, mechanical device, billboard, or other representation (whether or not it includes words or logos) that is located off-site from the property where the product or service is offered and is intended to attract attention to any commodity, good, product, or service for any business or non- profit purpose or entity. An outdoor advertising structure shall not include any such sign or other structure that directs attention to the activity conducted, sold, or offered upon the property where the sign or other structure is located. “Outdoor storage and activities” means any use of property for purposes of temporary or permanent storage of raw materials, storage or display of finished products or other materials, and including installation or storage of equipment (whether operational in the business or not operational) that is located outside of a building, except for parking of cars and trucks. “Parking space” means a readily accessible space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle. .. .. Item 11 Page 12 of 133 Ordinance No. 1293 Page 12 of 65 _______________ “Permitted use” means a use that is permitted on a lot, either by right as set forth in this title or by means of a Conditional Use Permit, Minor Conditional Use Permit, Temporary Use Permit, or as a legal nonconforming use. “Person” means an individual, entity, or governmental agency other than the City of Vernon. “Personal Services” means personal care services provided in storefronts. These services include dry cleaners, beauty salons, fitness studios, barbers, dog groomers, nail salons, massage businesses and similar uses. Massage businesses are separately regulated by Chapter 17.108. “Petroleum refinery” means an establishment or plant primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other products from crude petroleum and its fractionation products through straight distillation, redistillation, cracking, or other processes. “Petroleum-related use” means an establishment or plant for the blending or processing of petroleum products but not including a petroleum refinery or petroleum storage facility. Petroleum-related use does not include storage of fuel as an ancillary use to a permitted use. “Petroleum storage facility” means an establishment, including a tank farm, for keeping and storing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other petroleum products, but not including storage of fuel as an ancillary use. “Production retail” means retail uses with artisan or light industrial uses, where retail activities involve sale of the goods produced or processed on-site. This includes production beverage, production fashion, production furniture, and commercial food production. “Property” means all adjacent lots under common ownership. “Public storage” means a structure or series of structures divided into small sections and used by the general public for storage of goods or materials. “Public utilities” means facilities owned or operated by an entity that is not the City of Vernon, that is subject to governmental regulation such as the California Public Utilities Commission, and that provides an essential commodity or service such as water, power, transportation, or communication to the public. It shall include electrical substations, water or wastewater treatment plants, and similar facilities of public agencies or public utilities, but shall not include property used solely for telecommunications antennae, cell towers, and related equipment. .. .. Item 11 Page 13 of 133 Ordinance No. 1293 Page 13 of 65 _______________ “Recycling facility” means a facility that recycles used or waste materials, excluding hazardous waste, to convert and redistribute them, or a significant portion of them, as raw materials or to convert them and manufacture a product made wholly or partly from recycled materials, including a biodiesel facility. For these purposes, recycling means a process involving reconstituting materials that would otherwise become waste and returning them to the economic mainstream in the form of raw materials for new reuses or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling facility does not include recycling activities undertaken as an ancillary use to a permitted use. “Religious use” means use of a lot for religious assemblies, institutions, or structures. “Rendering plant” means an establishment where one or more of the following items is cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer (other than fertilizer from manure), animal feed, or ash: carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and other animal, fowl, or fish byproducts. Rendering plant shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor, a rendering process in connection with and incidental to a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption. “Residence” means and includes one or more rooms in a building managed or used as living quarters, including, without limitation: a building or buildings used as a single-family dwelling or a multifamily dwelling; a building or buildings used as a live-in treatment facility, substance abuse center, half-way house, or home for senior citizens, disabled persons, or other residential care facilities. Emergency shelter is specifically excluded from this definition. “Residential care facilities” means facilities providing 24-hour residential, assisted living, social and personal care for children, the elderly, and people with limited ability for self- care, such as board and care homes; children’s homes; orphanages; rehabilitation centers; convalescent homes, nursing home and similar facilities. “Residential use” means the development and use of a property exclusively with a residence or residences, and any accessory uses or buildings customarily associated with a residence, such as, but not limited to, private recreational facilities, private open space, and on-site support facilities to residents of the property. “Restaurant” means a food establishment that serves food to customers for consumption on- or off-premises, including fast-food and full-service dining establishments. It includes, but is not limited to, walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments. .. .. Item 11 Page 14 of 133 Ordinance No. 1293 Page 14 of 65 _______________ “Retail use” means a business providing the point of final sale of goods directly to customers, including, without limitation, restaurants and coffee shops, grocery stores, and vehicle sales. Retail use shall not include mail-order or internet sales. “Right-of-way” means the planned future ultimate width of a street as determined by the Master Plan of Streets. Salvage Yard. See “Junk or salvage business.” Server Farm. See “Data center.” “Single-Family Dwelling” means a dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted). Single-family dwellings include townhomes (attached single-family dwellings where no unit is located above or below), even when included within a condominium. “Site planning” and/or “site development standards” means the land use standards described in Section 17.22.080, “Site planning standards,” and/or site planning standards identified for individual overlay zones in this title. “Slaughtering” means the industrial process of butchering animals and dressing and preparing the products of their carcasses for food or other purposes. “Solid waste facility” means any facility or location that stores, processes, or transfers solid waste as defined in California Public Resources Code Section 40191, or in any amendments to or recodifications of such statute, and related regulations. “Sound level” means the quantity in decibels measured by a sound level meter satisfying the requirements of American National Standards Specification for Sound Level Meters S1.4. The sound level meter shall be set at “A” weighting and at “SLOW” dynamic characteristic. “Special event” means any event intended to attract 25 or more persons for a duration not to exceed 48 hours, such as indoor or outdoor sales event of product normally stored or produced onsite, outdoor or indoor meeting, ground breaking ceremony, holiday or special occasion party or similar event, or spectator event related to fitness and recreational facilities. “Special Event Permit” means a permit issued by the Vernon Fire Department for a special event. “Static display” means the face of a sign or outdoor advertising display that has a fixed, printed face and does not have a digital display. .. .. Item 11 Page 15 of 133 Ordinance No. 1293 Page 15 of 65 _______________ “Street” means: (1) any public road or street (including a highway or freeway) or sidewalk owned or controlled by any governmental entity; or (2) any private recorded thoroughfare that affords a means of access to an abutting lot. “Supportive housing” means housing with no limit on length of stay that is occupied by the target population as defined in the California Health and Safety Code Section 50675.14, and that is linked to on-site or off-site services that assist tenants to retain the housing, improve their health status, maximize their ability to live, and when possible, to work in the community. “Tattoo parlors” means establishments whose principal business activity is one or more of the following: (1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Tattoo parlors are considered a First Amendment protected use. “Telecommunications antenna” means a physical device or system through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. “Temporary Use Permit” means a permit granted by an authorized agent of the City for certain uses of property not permitted of right because such uses might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. “Title” means this Title 17- Zoning of the City of Vernon. “Trade school” means a facility or teaching unit designed to educate an adult on the skills needed to perform a specific job, apprentice education, and similar training. “Trailer” means any vehicle or structure having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motor power or other means. The term Trailer shall include camp car, house car, mobile home, camper, recreational vehicle (RV), or other vehicle whose uses may include cooking or sleeping. “Trailer park” means any lot or portion thereof used or designed to accommodate two or more trailers used for housekeeping or sleeping or living quarters, and such definition shall include trailer courts, mobile home courts, and mobile home parks. “Transitional housing” means temporary rental housing with length of stay that ranges between six months to two years for homeless individuals or families who are transitioning to permanent housing, operated under program requirements that call for the termination .. .. Item 11 Page 16 of 133 Ordinance No. 1293 Page 16 of 65 _______________ of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time. “Transportation-related use” means any use that is the same or similar to a freight terminal or truck terminal, or that supports the movement of goods or people, such as taxi dispatch. A transportation-related use shall not include a public street or railroad right-of-way. “Trash to energy facilities” means the process of creating energy in the form of electricity or heat from waste conversion. “Truck terminal” means any lot, building, or portion of a lot or a building used primarily for the parking, storage, maintenance, repair, or servicing of highway-type vehicles carrying persons or property, including, but not limited to, trucks, buses, and cargo containers. Truck terminal does not include parking of vehicles in connection with a permitted use or repairing or maintaining vehicles used in connection with a permitted use on the same lot as the permitted use. “Urgent care facility” means a facility used to provide medical screenings or to treat patients who have an injury or illness that requires immediate care, but is not serious enough to warrant a visit to a hospital emergency room. “Variance” means an exception to the required development standards or site planning standards applicable to a property granted by the City Council based on the criteria and findings set forth in Chapter 17.68, “Variances.” “Vibration” means discrete ground movement as measured by peak particle velocity in inches per second. “Warehouse use” means a building or portion thereof used primarily for the storage of saleable goods or raw materials to be incorporated into saleable goods (including storage for distribution to other locations for wholesale or retail sale), but not including a cold storage warehouse. The storage of scrap materials shall not constitute a warehouse use. “Wholesale use” means a building or part of a building used primarily for the storage and distribution of merchandise that is sold in large volumes to retailers or other professional businesses, but not to a standard retail consumer. Wholesale use includes the storage and distribution of merchandise for more than 72 hours. The storage and sale of scrap materials shall not constitute a wholesale use. “Zone and overlay zone” means a section of the City to which regulations governing the use, area, size of buildings and ancillary structures, and other uniform regulations apply. “Zoning Map” means the Comprehensive Zoning Map of the City of Vernon, as further described in Section 17.20.020, “Comprehensive Zoning Map.” .. .. Item 11 Page 17 of 133 Ordinance No. 1293 Page 17 of 65 _______________ SECTION 6. Sections 17.20.010(A) and (B) are amended to read as follows: 17.20.010 Zones and overlay zones of the City. A. Establishment of Zones and Overlay Zones. As a result of its commitment to making property available for industrial use and to carry out the purposes and provisions of this title, the City establishes the General Industry Zone (I Zone) and several mixed- use zones which also allow for industrial use. Within the I Zone, special categories of overlay zones have been established for the purpose of allowing special uses that are not otherwise permitted within the City. The zone, overlay zones, and mixed use zones are designated as follows, and either the name or the symbol may be used to refer to the I Zone or any of the overlay or mixed use zones. The boundaries of each of the overlay and mixed use zones are set forth in detail on the Zoning Map. 1. The I Zone is the General Industry Zone. 2. The Mixed Use Zones are: a. MU-CC – Mixed Use – City Center. b. MU-S – Mixed Use – Santa Fe South. c. MU-N – Mixed Use – Santa Fe North. d. MU-PH – Mixed Use – Pacific Hampton. 3. The Overlay Zones within the I Zone are: a. C-1 - Commercial-1 Overlay Zone. b. C-2 – Commercial-2 Overlay Zone. c. E - Emergency Shelter Overlay Zone. d. H – Housing Overlay Zone. e. R - Rendering Overlay Zone. f. S - Slaughtering Overlay Zone. g. T – Truck and Freight Terminal Overlay Zone. B. Uses Permitted of Right. It is the City’s intent to provide an acceptable location within the County of Los Angeles for industrial uses, including those that may not be compatible with land use elsewhere in much of the County. As a result of this intent and the City’s historically industrial environment, industrial uses are permitted in the I Zone and each of the overlay zones. Certain non-industrial uses are permitted in the I Zone in accordance with Section 17.22.020, “Permitted uses.” Certain non-industrial uses may be permitted in the C-1, C-2, E, H, R, S, and T Overlay Zones, as set forth in the descriptions of the uses permitted in those overlay zones. Industrial uses are also permitted of right in the mixed-use zones. .. .. Item 11 Page 18 of 133 Ordinance No. 1293 Page 18 of 65 _______________ SECTION 7. Section 17.20.030 is amended to read as follows: 17.20.030 Uncertainty as to zone boundaries. Where uncertainty exists with respect to the boundaries of any of the zones, as shown on the Zoning Map, the determination of the City Council as to the location thereof shall be final and conclusive. Any decision regarding the boundaries of an overlay zone shall follow the then existing lot lines. SECTION 8. Chapter 17.24 General Industry (I) Zone is renumbered to Chapter 17.22 and all references throughout the Code are hereby amended. SECTION 9. Chapter 17.23 is added to read as follows: Chapter 17.23 City Center District (MU-CC) Zone Sections: 17.23.010 Purpose and intent. 17.23.020 Use regulation. 17.23.030 Legal nonconforming uses. 17.23.040 Site planning standards. 17.23.010 Purpose and intent. A. The City Center District is intended to function as the downtown of Vernon. Building upon the government, educational, religious and residential uses which are already present in this district, the City Center is envisioned to grow to form a hub for retail, food, business and personal services and public spaces which will serve the entire Vernon community, including existing and future industrial workers who demand these services. New residential uses can also be located in this area to bring new life to the streetscape and to support the new service uses to the greatest extent possible. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-CC Zone are those deemed necessary to establish a downtown environment. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-CC Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.23.020 Use regulation. A. Use Regulation. Tables 17.23.020(A) and 17.23.020(B) detail specific land uses within the MU-CC zone which are either encouraged, permitted of right, accessory, accessory or conditional, or prohibited. .. .. Item 11 Page 19 of 133 Ordinance No. 1293 Page 19 of 65 _______________ B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.23.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I Zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.23.020(B) shall comply with parking, loading, intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.23.040(A). Table 17.23.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Permitted of Right Development and design standards of this Chapter do not apply; development standards are the following: Minimum front setback: 5 ft Maximum height: 3 stories / 35 feet Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 25% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Encouraged Residential Care Facilities Permitted of Right Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See VMC Chapter 17.54 for detailed regulations Trailer Park Prohibited Emergency Shelter Prohibited Primary Office Uses Office Manufacturing Permitted of Right Media Production Studios Permitted of Right Offices Permitted of Right .. .. Item 11 Page 20 of 133 Ordinance No. 1293 Page 20 of 65 _______________ Table 17.23.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Encouraged Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.23.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status: 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone. 6. Slaughtering plants located outside of the S Overlay Zone. .. .. Item 11 Page 21 of 133 Ordinance No. 1293 Page 21 of 65 _______________ 7. Rendering plants located outside of the R Overlay Zone. 17.23.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards set forth in Table 17.23.040(A) and illustrated in Figures 17.23.040(B) and 17.23.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-CC Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with applicable site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings. B. Additional Development Standards. For additional development standards see Chapter 17.53 – Incentives for Preservation Creative Uses and Affordable Housing and Chapter 17.54 - Mixed-Use Design Standards. Table 17.23.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 50% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 25% Height2 Maximum, first 50 feet of frontage 4 stories/55 feet Maximum, other Unlimited Setbacks Santa Fe Avenue, minimum None Santa Fe Avenue, maximum 15 feet Vernon Avenue / Pacific Avenue, minimum 5 feet Vernon Avenue / Pacific Avenue, maximum 20 feet Local Street, minimum None3 Local Street, maximum 10 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback4, Santa Fe Avenue, minimum 80% Building Streetwall at Setback4, Vernon Avenue/Pacific Avenue, minimum 60% Transperancy5, Santa Fe Avenue, minimum 50% Transperancy5, Vernon Avenue/Pacific Avenue, minimum 25% Transperancy5, Local Street, minimum 25% .. .. Item 11 Page 22 of 133 Ordinance No. 1293 Page 22 of 65 _______________ Table 17.23.040(A) Standards Open Space Open Space6 per unit, minimum 150 square feet Common Open Space7 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum8 5% 1. Any use listed in Table 17.23.020(A) or 17.23.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered active use. Active uses shall cover at least 50% of the ground floor, excluding parking and loading areas. They shall also cover at least 50% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.23.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Dedication shall be required to establish a 12-foot minimum sidewalk. 4. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 5. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 6. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the require front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 7. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 8. Industrial or warehouse use classifications which are not included in Table 17.23.020(b), shall meet this requirement through a publicly-accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly-accessible open space for these uses, even if setbacks are not allowed. .. .. Item 11 Page 23 of 133 Ordinance No. 1293 Page 23 of 65 _______________ Figure 17.23.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.23.040(C) Streetwall, Frontage, and Floor Height Requirements .. .. Item 11 Page 24 of 133 Ordinance No. 1293 Page 24 of 65 _______________ SECTION 10. Chapter 17.24 is added to read as follows: Chapter 17.24 Santa Fe South District (MU-S Zone) Sections: 17.24.010 Purpose and intent. 17.24.020 Use regulation. 17.24.030 Legal nonconforming uses. 17.24.040 Site planning standards. 17.24.010 Purpose and intent. A. Purpose. The purpose of the Santa Fe South District is to become an active, comfortable, pedestrian-friendly place with a variety of residential and retail uses existing harmoniously with light industry. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-S Zone are those deemed necessary to establish an active, pedestrian-friendly environment with a variety of residential and retail uses alongside light industry. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-S Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.24.020 Use Regulation. A. Use Regulation. Tables 17.24.020(A) and 17.24.020(B) detail specific land uses within the MU-S zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.24.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.24.020(B) shall comply with parking, loading, intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and .. .. Item 11 Page 25 of 133 Ordinance No. 1293 Page 25 of 65 _______________ Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.24.020(A). Table 17.24.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 30% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Encouraged Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See Chapter 17.54 for detailed regulations. Residential Care Facilities Permitted of Right Trailer Park Prohibited Emergency Shelter Prohibited Primary Office Uses Office Manufacturing Permitted of Right Media Production Studios Permitted of Right Offices Permitted of Right .. .. Item 11 Page 26 of 133 Ordinance No. 1293 Page 26 of 65 _______________ Table 17.24.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Encouraged Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.24.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status. 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone. .. .. Item 11 Page 27 of 133 Ordinance No. 1293 Page 27 of 65 _______________ 6. Slaughtering plants located outside of the S Overlay Zone. 7. Rendering plants located outside of the R Overlay Zone. 17.24.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.24.040(A) and illustrated in Figures 17.24.040(B) and 17.24.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-S Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 - Incentives for Preservation and Creative Uses and Affordable Housing and Chapter 17.54 - Mixed Use District Design Standards. Table 17.24.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 50% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 30% Height2 Maximum, first 50 feet of frontage 3 stories/45 feet Maximum, other 5 stories/65 feet Setbacks Santa Fe Avenue, minimum/maximum 0 feet3 Local Street, minimum None4 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback5, Santa Fe Avenue, minimum 80% Transperancy6, Santa Fe Avenue, minimum 50% Transperancy6, Local Street, minimum 25% Open Space Open Space7 per unit, minimum 150 square feet Common Open Space8 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum9 5% .. .. Item 11 Page 28 of 133 Ordinance No. 1293 Page 28 of 65 _______________ Table 17.24.040(A) Standards 1. Any use listed in Table 17.24.020(A) or 17.24.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered active use. Active uses shall cover at least 50% of the ground floor, excluding parking and loading areas. They shall also cover at least 50% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.24.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Setback on Santa Fe Avenue is prohibited, except on a parcel adjacent to a legacy structure. Within 100 feet of a legacy structure, the Santa Fe Avenue setback shall match the legacy structure, plus or minus 3 feet. 4. Dedication shall be required to establish a 12-foot minimum sidewalk. 5. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 6. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 7. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the require front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 8. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 9. Industrial or warehouse use classifications which are not included in Table 17.24.020(B), shall meet this requirement through a publicly-accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly-accessible open space for these uses, even if setbacks are not allowed. .. .. Item 11 Page 29 of 133 Ordinance No. 1293 Page 29 of 65 _______________ Figure 17.24.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.24.040(C) Streetwall, Frontage, and Floor Height Requirements .. .. Item 11 Page 30 of 133 Ordinance No. 1293 Page 30 of 65 _______________ SECTION 11. Chapter 17.25 is added to read as follows: Chapter 17.25 Santa Fe North District (MU-N ZONE) Sections: 17.25.010 Purpose and intent. 17.25.020 Use regulation. 17.25.030 Legal nonconforming uses. 17.25.040 Site planning standards. 17.25.010 Purpose and intent. A. Purpose. The Santa Fe North District is intended to connect the City Center District and City of Vernon more generally to mixed-use environment present in the Arts and Warehouse Districts in the City of Los Angeles. The district is intended to prioritize creative production, production retail and live/work uses, often in adaptive reuse of legacy industrial buildings. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-N Zone are those deemed necessary to establish an environment prioritizing creative production, production retail, and live/work uses. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-N Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.25.020 Use Regulation. A. Use Regulation. Tables 17.25.020(A) and 17.25.020(B) detail specific land uses within the MU-N zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions: Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.25.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.25.020(B) shall comply with parking, loading, .. .. Item 11 Page 31 of 133 Ordinance No. 1293 Page 31 of 65 _______________ intensity and approval standards of the I zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.25.020(A). Table 17.25.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 30% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Prohibited Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See VMC Chapter 17.54 for detailed regulations Residential Care Facilities Permitted of Right Trailer Park Prohibited Emergency Shelter Permitted of Right Primary Office Uses Office Manufacturing Encouraged Media Production Studios Permitted of Right Offices Permitted of Right .. .. Item 11 Page 32 of 133 Ordinance No. 1293 Page 32 of 65 _______________ Table 17.25.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Goods Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Permitted of Right Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.25.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status: 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside the T Overlay Zone. .. .. Item 11 Page 33 of 133 Ordinance No. 1293 Page 33 of 65 _______________ 6. Slaughtering plants located outside the S Overlay Zone. 7. Rendering plants located outside the R Overlay Zone. 17.25.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.25.040(A) and illustrated in Figures 17.25.040(B) and 17.25.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-N Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 Incentives for Preservation Created Uses and Affordable Housing and Chapter 17.54 Mixed-Use Design Standards. Table 17.25.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 30% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 50% Height2 Maximum, first 50 feet of frontage 3 stories/45 feet Maximum, other 5 stories/65 feet Setbacks Santa Fe Avenue, minimum 0 feet3 Santa Fe Avenue, maximum 10 feet3 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum 5 feet 25th Street / 37th Street / 38th Street/ Vernon Avenue, maximum 20 feet Local Street, minimum None4 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback5, Santa Fe Avenue, minimum 60% Building Streetwall at Setback5, 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum 50% Transparancy6, Santa Fe Avenue, minimum 50% .. .. Item 11 Page 34 of 133 Ordinance No. 1293 Page 34 of 65 _______________ Table 17.25.040(A) Standards Transparancy6, 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum None Transparancy6, Local Street, minimum None Open Space Open Space7 per unit, minimum 150 square feet Common Open Space8 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum9 5% 1. Any use listed in Table 17.25.020(A) or 17.25.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered an active use. Active uses shall cover at least 30% of the ground floor, excluding parking and loading areas. They shall also cover at least 30% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.25.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Within the block between 38th Street and Vernon Avenue, on the east side of Santa Fe Avenue, the Satna Fe Avenue setback shall match the setback of adjacent legacy structures, plus or minus 3 feet. 4. Dedication shall be required to establish a 12-foot minimum sidewalk. 5. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 6. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 7. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the required front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 8. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 9. Industrial or warehouse use classifications which are not included in Table 17.25.020(b), shall meet this requirement through a publicly accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly accessible open space for these uses, even if setbacks are not allowed. .. .. Item 11 Page 35 of 133 Ordinance No. 1293 Page 35 of 65 _______________ Figure 17.25.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.25.040(C) Streetwall, Frontage, and Floor Height Requirements .. .. Item 11 Page 36 of 133 Ordinance No. 1293 Page 36 of 65 _______________ SECTION 12. Chapter 17.26 is added to read as follows: Chapter 17.26 Pacific Hampton District (MU-PH Zone) Sections: 17.26.010 Purpose and intent. 17.26.020 Use regulation. 17.26.030 Legal nonconforming uses. 17.26.040 Site planning standards. 17.26.010 Purpose and intent. A. Purpose. The Pacific Hampton District is centered around a cluster of smaller- scale, midcentury single-story industrial buildings which are slowly being transformed into production studios, creative offices, commercial kitchens and other non-residential/non- retail uses. The standards in this maintain the low-scaled character of the district, while allowing for new flexibility in uses and accommodation of parking. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-PH Zone are those deemed necessary to establish an environment prioritizing creative industrial uses. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-PH Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.26.020 Use Regulation. A. Use Regulation. Tables 17.26.020(A) and 17.26.020(B) detail specific land uses within the MU-PH zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.26.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I Zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.26.020(B) shall comply with parking, loading, .. .. Item 11 Page 37 of 133 Ordinance No. 1293 Page 37 of 65 _______________ intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050B, 17.22.050C, 17.22.080A, 17.22.080(G), and Chapter 17.56. Table 17.26.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Prohibited Hotel Prohibited Live/Work Prohibited Residential Care Facilities Prohibited Trailer Park Prohibited Emergency Shelter Permitted of Right Subject to a maximum of 40 beds Primary Office Uses Office Manufacturing Encouraged Media Production Studios Encouraged Offices Permitted of Right .. .. Item 11 Page 38 of 133 Ordinance No. 1293 Page 38 of 65 _______________ Table 17.26.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Accessory or Conditional Production Retail Permitted of Right Restaurant Permitted of Right Market Prohibited Art Galleries Encouraged Nightlife Prohibited Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Permitted of Right Light Industrial Permitted of Right Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right Section 17.26.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status. 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside the T Overlay Zone. 6. Slaughtering plants located outside the S Overlay Zone. 7. Rendering plants located Outside the R Overlay Zone .. .. Item 11 Page 39 of 133 Ordinance No. 1293 Page 39 of 65 _______________ Section 17.26.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.26.040(A) and illustrated in Figures 17.26.040(B) and 17.26.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-PH Zone except those uses allowed in the I (Industrial) Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 Incentives for Preservation Creative Uses and Affordable Housing and Chapter 17.54 Mixed-Use Design Standards. Table 17.26.040(A) Standards Use Limitations Ground Floor Frontage Active Uses, minimum None Height1 Maximum, first 50 feet of frontage 2 stories/40 feet Maximum, other 3 stories/50 feet Setbacks Hampton Street minimum/maximum 0 feet3 Pacific Blvd Prevailing2 Fruitland Avenue, minimum 5 feet Fruitland Avenue, maximum 20 feet Local Street, minimum None3 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback4, Hampton Street/Pacific Avenue, minimum 60% Building Streetwall at Setback4, Fruitland Avenue, minimum 50% Transparancy5, minimum None Open Space Ground/Podium Level Open Space6, percent of lot, minimum 5% 1. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 2. The Pacific Boulevard setback shall match the setback of adjacent legacy structures, plus or minus 3 feet. 3. Dedication shall be required to establish a 12-foot minimum sidewalk. .. .. Item 11 Page 40 of 133 Ordinance No. 1293 Page 40 of 65 _______________ Table 17.26.040(A) Standards 4. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 5. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 6. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the required front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. Figure 17.26.040(B) Use Limitation, Height, Streetwall, and Open Space Requirements Active Use is not shown in this illustration .. .. Item 11 Page 41 of 133 Ordinance No. 1293 Page 41 of 65 _______________ Section 13. Chapter 17.53 is added to read as follows: Chapter 17.53 INCENTIVES FOR PRESERVATION, CREATIVE USES, AND AFFORDABLE HOUSING Sections: 17.53.010 Legacy Structure Preservation – Purpose and Criteria. 17.53.020 Encouraged Uses – Purpose and Criteria. 17.53.030 Available Incentives. 17.53.040 Parking Incentives for Adaptive Reuse Projects. 17.53.050 Affordable Housing Incentives. 17.53.010 Legacy Structure Preservation – Purpose. A. Purpose. The Westside of Vernon’s legacy commercial and industrial buildings are important assets which not only represent important adaptive reuse opportunities in themselves, but give character and identity to the area as a whole. As such, the retention of these legacy buildings as new development occurs is highly encouraged. The incentives in this Chapter are intended to offer property owners who elect to preserve legacy buildings with additional development capacity and flexibility in order to mitigate any economic impacts occasioned by the preservation of a building. B. Criteria. Structures which meet the following three criteria shall qualify as legacy structures: 1. constructed between 1880 and 1950 2. located within the mixed-use zoning districts; and 3. at least 10,000 square feet in gross floor area. C. Incentives. A property owner who elects to retain character-defining features of a legacy structure shall be eligible to obtain development standard incentives as described in Table 17.53.040(A) and the entirety of this Chapter. An application for any of these incentives shall demonstrate that the applicant will preserve or enhance character-defining features of the building. The determination of incentives made available through the preservation of character-defining features shall be made through the Design Review process, as described in Chapter 17.86. The entire building need not be preserved. D. Non-Historic Significance. It should be noted that the “legacy structure” classification described here is not the same as a determination of historic significance as defined by State law. At the time of adoption, the California Environmental Quality Act (CEQA) requires a historic resources study prior to demolition of any structure that is over 45 years old. .. .. Item 11 Page 42 of 133 Ordinance No. 1293 Page 42 of 65 _______________ 17.53.020 Encouraged Uses – Purpose and Criteria. A. Purpose. The City of Vernon seeks to incentivize projects which combine multiple “Encouraged” uses to foment innovation through the creative collision of different users and diversify the long-term fiscal position of the City. B. Encouraged Use Criteria. Any project within the mixed-use districts which meets the following criteria is eligible to receive incentives: 1. For projects under 50,000 square feet gross floor area, at least 5% of the gross floor area in two or more Encouraged uses 2. For projects over 50,000 square feet gross floor area, at least 5% of the gross floor area in three or more Encouraged uses. The list of encouraged uses is given by district in sections 17.23.020, 17.24.020, 17.25.020 and 17.26.030. 17.53.030 Available Legacy Structure Preservation and Encouraged Use Incentives. A. Preservation and Encouraged Use Incentives. The Preservation and Encouraged Use Incentives table (Table 17.53.030(A)) lists potential relaxations/incentives to development standards given in Chapters 17.23, 17.24, 17.25, and 17.26 apply to a project which meets the criteria of Section 17.53.010(B) and 17.53.020(A). Figures 17.53.030(B), 17.53.030(C) and 17.53.030(D) illustrate an example application of height and active use frontage incentives, as well as affordable housing incentives per Section 17.53.050. B. Determination. Through the Design Review process given in Chapter 17.86, the Public Works Director will determine which incentives are appropriate to be granted in relationship to the extent of preservation of legacy structures and/or inclusion of Encouraged uses. Table 17.53.030(A) Preservation and Encouraged Use Incentives Development Standard Incentive Available? Use Limitations Minimum, Non-Residential Square Footage per Residential Unit No Percentage of Total Residential Units that must be Live/Work No Primary Street Ground Floor Active Use Requirement1 •The ground floor active use requirement may be decreased by 20%. Yes Height Maximum, first 50 feet of frontage Yes .. .. Item 11 Page 43 of 133 Ordinance No. 1293 Page 43 of 65 _______________ Table 17.53.030(A) Preservation and Encouraged Use Incentives Maximum, other •Maximum heights may be exceeded, as long as the average height (in stories and feet) of all structures on the property does not exceed the general height limit of the zone.2 Yes Setbacks Minimum and maximum setback requirements •Setback requirements shall not be applied to preserved buildings. However, new freestanding buildings constructed on the same site as preserved buildings shall comply with these requirements.3 Yes Streetwall & Frontage Building Streetwall at Setback, minimum4 No Transparency, minimum •Transparency requirements shall not be applied to preserved buildings. However, all existing openeings designed for windows or doorways should be preserved as transparent openings. Also, new freestanding buildings constructed on the same site as preserved buildings shall comply with transparency requirements. Yes Open Space Open Space, per unit, minimum Yes Common Open Space, minimum Yes Ground / Podium Level Open Space, present of lot minimum •All open space requirements may be met through usable community space designed for recreational or social purposes, whether located on the interior or exterior of a building. Yes 1. The ground floor active use requirement may be eliminated entirely through a request for an exception. 2. This assumes that a lower legacy building is preserved to a significant extent, including its primary street façade, causing a lower average height. 3. Setbacks for preserved structures may be less than the minimum setback or more than the maximum setback. 4. This calculation shall apply to the frontage of the building, whether or not it meets current setback requirements. .. .. Item 11 Page 44 of 133 Ordinance No. 1293 Page 44 of 65 _______________ Figure 17.53.030(B) Height and Active Use Requirement Example: Base Standards Figure 17.53.030(C) Height and Active Use Requirement Example: Standards including Legacy Structure Preservation Incentives .. .. Item 11 Page 45 of 133 Ordinance No. 1293 Page 45 of 65 _______________ Figure 17.53.030(D) Height and Active Use Requirement Example: Standards including Legacy Structure Preservation Incentives and Affordable Housing Density Bonus 17.53.040 Parking Incentives for Adaptive Reuse Projects. A. Available Incentives. The following incentives are available to legacy structure preservation projects only through the Design Review process: 1. On-street parking stalls along Santa Fe Avenue or Pacific Boulevard (streets where it does not exist today) that are located less than a five-minute walk (1/4 mile) from the main entrance to the development may be counted toward nonresidential parking requirements. 2. Tandem parking is permitted, subject to approval of management conditions by the Public Works Director. B. Preserving Entire Footprint of Legacy Building. Projects which wish to preserve the entire footprint of a legacy building and cannot accommodate parking needs even with the incentives provided above may request an exception (Section 17.12.030) or variance (Chapter 17.68). C. Additional Flexibility Provisions. Preservation projects may also apply flexibility provisions, such as shared parking, off-site parking, and use of vertical stackers. See Chapter 17.57 for detailed standards. .. .. Item 11 Page 46 of 133 Ordinance No. 1293 Page 46 of 65 _______________ 17.53.050 Affordable Housing Incentives. A. Affordable Housing. Density bonuses, waivers and concessions are available to developers who provide on-site affordable housing or donate land for the purposes of housing per Chapter 17.92. Within mixed-use district areas which do not explicitly calculate the permitted density, applicants may calculate the “density bonus” granted by Chapter 17.92 in one of two ways: 1. Any project which is at least 50% residential by gross floor area may increase the height limit as of right, in Table 17.53.060(A): Table 17.53.060(A) Height Density Bonus Maximum Height, first 50 feet of frontage Maximum Height, other 5% VLI, 10% LI or 20% MI1 None +1 story / 12 feet 12% VLI, 20% LI or 35% MI1 +2 stories / 24 feet 1. VLI = Very Low Income, LI = Low Income, MI = Moderate Income as defined in Health and Safety Code Section 50079.5 2. The applicant may submit a density study to establish the base density upon which the bonus shall be applied. A density study is a set of schematic plans that include a building massing, building section and floor plans that complies with all relevant zoning and building code standards. Residential unit size and mix and non- residential uses on-site shall be the same as in the proposed project. Section 14. Chapter 17.54 is added to read as follows: Chapter 17.54 Mixed-Use District Design Standards and Guidelines Sections: 17.54.010 Purpose. 17.54.020 Building Orientation and Relationship to Context. 17.54.030 Site Planning. 17.54.040 Setbacks and Projections. 17.54.050 Buffering and Orientation. 17.54.060 Exterior Lighting. 17.54.070 Outdoor Service, Storage and Loading. 17.54.080 Building and Performance Requirements. 17.54.090 Disclosure and Legal Requirements. 17.54.100 Live/Work Standards and Guidelines. 17.54.110 Ground Floor Frontages. 17.54.120 Industrial Character Guidelines .. .. Item 11 Page 47 of 133 Ordinance No. 1293 Page 47 of 65 _______________ 17.54.010 Purpose. A. The City has a vested interest in ensuring that all development is compatible with the industrial nature of the City and the pedestrian-friendly, hybrid industrial nature of its mixed-use districts. In addition to the mandatory standards of this Title, the City implements Design Review (Chapter 17.86) to ensure that development achieves these aims. The standards and guidelines of this Chapter are a resource for Design Review. As described in Section 17.86.020(B), Design Review will evaluate strict compliance with mandatory standards in this Chapter. Design Review will also evaluate substantial compliance with guidelines in this Chapter which are expressed with non-mandatory language, determining which guidelines are applicable to a particular project. B. Applicability. These design standards and guidelines shall apply to all projects within Mixed Use zones which are subject to Design Review as described in Chapter 17.86 17.54.020 Building Orientation and Relationship to Context. A. Orientation and Context. All buildings within mixed-use districts should be oriented and designed to promote pedestrian activity, comfort and safety. At the same time, buildings which include residential or live/work uses should be designed to minimize conflicts between these uses and on-site or neighboring uses which cause noise, odors, vibrations or contaminants. Implementation of this principle, and adherence to the standards below, is important to protect not only residents, but also neighboring businesses in Vernon, so that they can continue activities unimpeded over the long term. 17.54.030 Site Planning. A. Location and Uses. Commercial uses, lobbies and other public-facing uses should be located on the primary street, with a direct entry from the sidewalk. For corner properties, these uses should prioritize access and orientation to Santa Fe Avenue, or in the MU-PH district, Hampton Street and Pacific Boulevard. Residential uses should principally be located above or behind the primary street ground floor frontage. Industrial uses may be located in a variety of locations, but it is encouraged that customer-facing areas of industrial uses, such as offices and showrooms, be located on the primary street. B. Vehicular Access. Vehicular access (loading and parking) should be provided from rear alleys or side streets. If individual site conditions necessitate vehicular access from Santa Fe Avenue, or in the MU-PH district, Hampton Street or Pacific Boulevard, vehicular access points should be limited to one per property and be located in accordance with Section 17.56.060(L). C. Scale and Rhythm. If the project is located in an area with a recognizable development pattern, it should respect the scale and rhythm of the area, as illustrated in Figure 17.54.030(A). Projects which are larger than the current development pattern can .. .. Item 11 Page 48 of 133 Ordinance No. 1293 Page 48 of 65 _______________ include features such as step-down adjacent to lower-scaled uses and establishing building modules which are of a similar scale to the existing development. D. Residential Uses and Truck Loading. Residential uses (included multi-family dwelling uses, Hotel uses, Live/Work uses, and Residential Care Facilities uses) shall be located a minimum of 200 feet from any exposed loading dock demonstrated to have a minimum of 10 daily heavy truck trips. If the implementation of this requirement precludes the applicant’s ability to develop residential on the site, residential uses may be constructed within 200 feet of the exposed loading dock provided that guidelines in Section 17.54.050 (Buffering and Orientation) are applied to the fullest extent possible. E. Truck Access. New non-industrial development on a property which is adjacent to an existing industrial property shall not restrict their ability to access their truck docks and parking facilities and to ship goods into and out of their property in a like manner to that in use prior to the new development on the neighboring property. F. Ground Floor Residential Uses. Ground-floor residential uses shall be limited to live/work uses that permit walk-in trade. The amount of ground-floor frontage permitted to be such uses is limited by the Primary Street Ground Floor Active Use regulations. .. .. Item 11 Page 49 of 133 Ordinance No. 1293 Page 49 of 65 _______________ Figure 17.54.030(A) New development reflecting existing rhythm of building and open space/access from the street. 17.54.040 Setbacks and Projections. A. Upper Floor Uses. Upper floor uses, including residential and office uses, should incorporate setbacks and/or appropriate window orientation to ensure access to light and privacy. At minimum, upper floors of buildings shall comply with the fire separation requirements of California Building Code Table R.302.1.1 (unsprinklered buildings) or R.302.1 (sprinklered buildings). B. Balconies. Balconies shall not project into the public right-of-way. .. .. Item 11 Page 50 of 133 Ordinance No. 1293 Page 50 of 65 _______________ 17.54.050 Buffering and Orientation. Figure 17.54.050 Buffering and Orientation Guidelines Adjacent to Heavy Industrial Uses A. Residential Uses and Heavy Industrial Uses. Residential uses shall be separated from any adjacent heavy industrial uses (all industrial uses not included in Section 17.23.020, 17.24.020, 17.25.020, and 17.26.020) located outside a mixed-use zoning district with acoustic and visual buffers. Unless the applicant can demonstrate that a different strategy will be similarly effective, the buffer shall consist of a minimum six-foot high wall constructed of solid masonry and partially or fully covered with hedges, ivy, bamboo or other similar softening material, and a minimum five-foot wide screen landscaping strip consisting of evergreen trees or an evergreen trellis structure of at least six feet in height. B. Residential Orientation Away from Industrial Uses. Habitable residential spaces and windows should be oriented away from adjacent industrial uses to the greatest extent possible. C. Open Space Orientation Away from Industrial Uses. Open spaces should be oriented away from adjacent industrial uses. Should they be constructed in an area which is open to adjacent industrial properties, screening should be used to lessen the impacts of industrial activities on the residential properties. 17.54.060 Exterior Lighting A. Security and Visibility. Every project should have adequate lighting to provide for security and visibility, particularly along walkways and driveways, entrances to parking areas, and open space areas. .. .. Item 11 Page 51 of 133 Ordinance No. 1293 Page 51 of 65 _______________ B. Impact on Neighboring Properties. Site, parking lot and building security lighting should not impact surrounding or neighboring properties. The type and location of such lighting shall preclude direct glare onto adjoining property, streets, or skyward, and should not adversely impact residential units within a development. 17.54.070 Outdoor Service, Storage and Loading A. Screening and Concealing. Outdoor storage areas, loading docks, mechanical equipment and trash enclosures shall not be visible from Santa Fe Avenue, Pacific Boulevard, Vernon Avenue or Hampton Street and shall be concealed or screened with a combination of building features, decorative walls and landscaping consistent with the architectural style of the building. Operational equipment for on-site businesses shall also be screened. B. Loading Docks. Any loading dock designed for use of trucks/trailers with four or more axles shall be screened from Santa Fe Avenue, Pacific Boulevard, Vernon Avenue or Hampton Street by a building. Docks should be located toward the rear of such properties. C. These standards apply in addition to the standards in Section 17.22.070(A)(3). 17.54.080 Building and Performance Requirements A. Acoustic Separation. All interior spaces shall be sufficiently acoustically separated from other on- and off-site uses, as required by the CBC and other regulations. B. Air Filtering. All regularly occupied areas of mechanically ventilated buildings shall be equipped with air filtration media for outside and return air that provides a Minimum Efficiency Reporting Value (MERV) of 13. 17.54.090 Disclosure and Legal Requirements A. Statement of Acknowledgement. Applicants for any development containing residential or office uses must sign a statement acknowledging that individuals choosing to live and/or work in an active, mixed-use community are willing to accept a greater mix and closer proximity of surrounding land uses, and the rights of neighboring businesses to continue their legal business activities without undue interference must be preserved. B. Statement of Disclosure. A statement of disclosure shall be provided in all leases and condominium documents in which the lessee or buyer acknowledges the following: (1) That the facility is located in an industrial area in which annoyances or inconveniences associated with proximity to industrial uses such as odors, truck traffic, vibrations, noise and other neighborhood impacts are likely to be present to a greater degree and at different hours of the day than in other residential or commercial areas of the city, (2) Individual sensitivities to those annoyances may vary from person to person and lessee .. .. Item 11 Page 52 of 133 Ordinance No. 1293 Page 52 of 65 _______________ or buyer should consider which industrial annoyances are associated with the property and whether they are acceptable to him or her, and (3) The mix of business and industrial activities may vary as the area evolves and there is no guarantee that the land uses currently existing in immediate proximity to this development will remain unchanged into the future. Lessee or buyer acknowledges that land uses may change or expand as permitted by the City’s Zoning Ordinance and businesses are free to change the nature of their operations at any time in a manner consistent with applicable governing regulations. 17.54.100 Live/Work Standards and Guidelines. A. Purpose. As described in Tables 17.23.020(A), 17.24.020(A), 17.25.020(A) and 17.26.020(A), larger residential projects are required to have a live/work component. Other projects will be fully live/work. The reasons to provide live/work units include: 1. Provide spaces which are apt for small-scale industrial and creative production, at a lower price than paying for separate living and working units, in order to stimulate entrepreneurship and the vitality of the Vernon productive economy. 2. Provide appropriate transitions between industrial uses and high-volume streets, and residential units. 3. Orient the overall character and identity of new residential projects toward productive uses, and establish appropriate expectations on the part of future residents that they will reside in an industrial mixed-use environment. 4. Accommodate the growing demand for work from home. B. Permitted Uses. Permitted uses within a live/work unit shall depend on the type of live/work unit as described below. No property owner or homeowners’ association may restrict permissible uses beyond these categories, except for artist live/work space, and restrictions which can be demonstrated to be necessary for the health and safety of the residents. 1. Within Undivided Unit. Within the same undivided environment as a living space, artisan industrial, office, and personal services are permitted uses. Medical offices and personal service uses are assumed to accommodate walk-in trade and shall be located along the first floor, primary street frontage or have a clearly marked entrance with a visible sign from the primary street through a publicly accessible open space. 2. Permitted Use with Separable Space. The following uses are permitted within a separable space from the living area, or within a different unit than the living space in the same building or on the same property: any office use, any commercial use, any light industrial use. C. Hazardous Occupancies. Hazardous occupancies shall be restricted by the requirements of the California Building Code. .. .. Item 11 Page 53 of 133 Ordinance No. 1293 Page 53 of 65 _______________ D. Loading Docks. A minimum of one loading dock shall be provided for projects of over 10,000 square feet. Loading docks shall comply with the standards of Chapter 17.57. E. Unit Design Standards. Each live/work unit shall comply with the following design standards: 1. Size of Live/Work Unit. Every live/work unit shall have a defined area of no less than 200 square feet which is built and designed for productive work. 2. Productive Work Area. Productive work areas shall have a height of at least 10 feet floor to ceiling, shall be open and unimpeded by walls, and should be constructed of resilient materials that can support for productive uses. For example, appropriate flooring materials include concrete and hardwoods, and inappropriate flooring materials include linoleum. 3. Maximum Size of Live/Work Unit. The maximum size of a live/work unit shall be 3,000 square feet. 4. Work Areas in Adjacent Units. Work areas in adjacent units should be located next to each other. If a living space must be located near a work area of an adjacent unit, additional sound separation should be provided. 5. Residential Project Located along Streets without Trucking Restrictions. If a residential project is located along streets which do not have restrictions on trucking at the time of entitlement, the upper-floor street frontage should be occupied with work areas of live/work units. F. Ground Floor Live/Work Spaces. Ground-floor live/work spaces should be designed in a special manner, which emphasizes the “work” component of live/work, and engages the public in the pedestrian realm. Due to active use frontage requirements, ground-floor live/work units will exist adjacent to commercial or light industrial uses and should be designed for small businesses with employees and walk-in clientele. 1. Separate Living and Working Spaces. In new construction buildings, ground-floor live/work units shall have separate spaces and entrances for the living and working spaces. Living spaces may be located on upper floors of the building. 2. Minimum Work Area. A minimum of 350 square feet of work area shall be provided, and it shall be located on the ground floor. This work area shall have a height of at least 14 feet floor to ceiling and comply with all other requirements of 17.54.100(F). 3. Business License. An active business license with the City of Vernon shall be required to occupy a ground-floor live/work unit. 4. Detached Living and Working Spaces. Living and working spaces may be detached from each other. 17.54.110 Ground Floor Frontage Standards. A. Ground Floor Frontage Standards. Building frontages, particularly ground floors, should be designed to accentuate the walkability of Santa Fe Avenue as Vernon’s historic main street. The regulations given here are intended to ensure that ground-floor spaces .. .. Item 11 Page 54 of 133 Ordinance No. 1293 Page 54 of 65 _______________ are economically and physically viable, and contribute to the pedestrian environment with active uses. B. Minimum Streetwall. Ground-floors along primary streets shall incorporate a minimum streetwall at the building frontage, active use percentage, and minimum transparency as given in Tables 17.23.040(A), 17.24.040(A), 17.25.040(A), and 17.26.040(A). Portions of building elevations may be set back to allow for outdoor use, such as patio dining, public art or entry forecourts, and can still count toward the requirement for minimum streetwall at the building frontage. Parking, however, should never be placed in the front of the building. C. Main Entrance Location. Main entrances shall be emphasized and oriented to the sidewalk or sidewalk-accessible open space. D. Setback along Santa Fe Avenue. Setbacks may vary within the permitted range of minimum to maximum setback, as illustrated in Figure 17.54.140. Any setback area provided along Santa Fe Avenue shall be hardscaped and allow for public access unless used for outdoor dining. Any landscaping must be located in a planter. E. New Construction. For all new construction, ground-floor spaces shall have a floor- to-floor height of 18 feet minimum in order to ensure viability for retail or light industrial uses. F. Primary Street Frontage. Ground-floor live/work units shall have a minimum length of 25 feet along the primary street frontage. G. Awnings. Awnings are permitted to project up to six feet into the public right-of- way, provided that they are permitted by any other regulatory requirements such as utility pole clearances. H. Sidewalk Dining. Sidewalk dining is permitted within the MU-CC and MU-S zones with an Encroachment Permit. A minimum unobstructed sidewalk travel path of 6 feet, or 12 feet in front of City Hall, must be left at all times. I. Outdoor Dining. Outdoor dining is allowed on private property, including rooftops and private patios without limitation. If outdoor dining is located on private property at the building frontage, the maximum front setback may be exceeded in order to accommodate the outdoor dining area. .. .. Item 11 Page 55 of 133 Ordinance No. 1293 Page 55 of 65 _______________ Figure 17.54.140 Frontages can vary while still retaining unified setback. 17.54.120 Industrial Character Guidelines. A. Purpose and General Approach. Industrial Character Guidelines are intended to help retain the architectural character of existing buildings as defined by their initial use and historic context at their period of greatest significance. This can be achieved through implementing a combination of strategies such as: maintaining original character defining features, structural elements, including reinforced concrete and open truss roofs, materials such as brick, concrete, and steel, windows and doors, etc. These strategies can be paired with the thoughtful addition and integration of new elements necessary to accommodate proposed uses and assure the activation and continuous utilization of the building. Developments are encouraged to adapt existing buildings by retaining certain key features and elements in a way that celebrates the history of the structures, while incorporating new elements into a single, coherent design that ultimately allows for a greater range of usability. Elements to be maintained will need to be submitted, reviewed, and confirmed through the Design Review process. B. Materiality and Architectural Style. New, ground-up construction should also incorporate the language of industrial structures, including use of exposed brick, concrete and steel, flat roofs and use of scale appropriate to the legacy industrial structures in the immediate area. Use of traditional residential or main street commercial architectural styles, such as Spanish or English Colonial, are discouraged in favor of more modern, contemporary styles. .. .. Item 11 Page 56 of 133 Ordinance No. 1293 Page 56 of 65 _______________ C. Murals. Murals are an important part of Vernon’s and Los Angeles’ industrial fabric. New murals are encouraged within the mixed-use districts and are subject to approval through the Design Review process. 17.54.160 On-Site Open Space and Sustainability Guidelines. A. Purpose. Vernon is a non-traditional setting for certain uses, particularly residential. Open space in the Westside context is important to provide places for interaction, enjoyment of natural features (the air, soil, plants, etc.), and recreation for the population most likely to move into this type of mixed-use environment. B. Open Space Regulations. All development is subject to the open space regulations given in Chapters 17.23, 17.24, 17.25, and 17.26, except as modified by the incentives of Chapter 17.54. C. Common Open Space. Common open spaces should be designed and provide amenities to promote interaction between residents. They should be located along the most common paths of travel between primary entries and private units or spaces. Common open spaces may be open to the public. D. Large Projects. Larger projects should incorporate public open spaces such as plazas, courtyards and paseos which provide access to or augment public-serving on- site uses, especially on-site uses which may be located in the rear of properties. E. Residential Projects. Residential projects should incorporate recreational amenities appropriate to the side of the project and the intended population: for example, pools and large recreation rooms for larger projects, and barbeque areas for smaller projects. F. Low-Impact Development Requirements. Projects shall satisfy all applicable low- impact development requirements. Accommodation of low-impact development requirements in a joint fashion among neighboring property owners is encouraged. An in- lieu fee may be charged to fund district-scale stormwater measures, such as stormwater BMPs along Santa Fe Avenue or in greenways. G. Sustainability. Green roofs are highly encouraged in tandem with open spaces at the ground or podium level. Sustainable values of green roofs include stormwater collection, building insulation and urban heat island reduction. Stormwater drainage can be captured and harvested for re-use in landscaped areas through low-flow drainage systems. .. .. Item 11 Page 57 of 133 Ordinance No. 1293 Page 57 of 65 _______________ SECTION 15. Chapter 17.57 is added to read as follows: Chapter 17.57 Vehicle Parking Standards for Mixed-Use Zones Sections: 17.57.010 Purpose. 17.57.020 Spaces Required for Uses. 17.57.030 Shared Parking. 17.57.040 Off-Site Parking. 17.57.050 Structured Parking, Parking Lifts, and Tandem Parking. 17.57.060 Special Vehicles. 17.57.010 Purpose and Applicability. A. Purpose and Relationship to Citywide Standards. The requirements and additional provisions of this chapter shall modify the requirements of Chapter 17.56 for development within mixed-use zones. The purpose of these additional provisions is to maximize the efficiency of parking and reduce barriers to development while accommodating true, habitual needs for temporary vehicle storage. B. Heavy Industrial Uses Excepted. These standards shall not apply to use industrial use categories not included in sections 17.23.020, 17.24.020, 17.25.020, and 17.26.020. Conformance to all standards of Chapter 17.56 is required for these uses. 17.57.020 Spaces Required for Uses. A. Minimum Parking Requirements. Tables 17.57.020(A) and 17.57.020(B) give the required number of spaces for each use type described in this Chapter. The following standards shall apply to increase flexibility and sustainability in meeting parking needs. Table 17.57.020(A) Spaces Required for Residential and Office Uses Land Use Spaces Required Primarily Residential Uses Single-Family Dwelling N/A Multi-Family Dwelling General: 1 Space / DU1 Covenanted Affordable2: 0.5 spaces / DU Supportive Housing: None Hotel 0.7 per unit / key Live/Work 1 Space / DU3 Caretaker Residential None Residential Care Facilities 0.25 per bed Trailer Park N/A Emergency Shelter None .. .. Item 11 Page 58 of 133 Ordinance No. 1293 Page 58 of 65 _______________ Primarily Office Uses Office Manufacturing 1 Space / KSF4 Media Production Studios 1 Space / KSF Offices, General 1.6 Spaces / KSF Offices, Medical 2.9 Spaces / KSF 1. DU = dwelling unit 2. Covenanted to lower-income households as defined in Health and Safety Code Section 500.79.5 3. Requirement includes parking requirement for any commercial or industrial activities located within the unit. 4. KSF = 1,000 square feet of gross floor area Table 17.57.020(B) Spaces Required for Retail, Industrial, and Institutional Uses Land Use Spaces Required Primarily Retail Uses Good Sales 1.7 Spaces / KSF Production Retail 0.7 Spaces / KSF Restaurant 5.0 Spaces / KSF Market 1.9 Spaces / KSF Art Galleries 0.7 Spaces / KSF Nightlife 5.0 Spaces / KSF Personal Services 3.0 Spaces / KSF Big Box Retail Parking study required Drive-Through Retail Requirement of underlying use Adult or Sexually Oriented Businesses 5.0 Spaces / KSF Primarily Production / Industrial Uses Artisan Industrial 0.7 Spaces / KSF Light Industrial 0.6 Spaces / KSF Data Center 1.0 Spaces / KSF Primarily Civic / Institutional Uses Community Facilities 1.0 Spaces / KSF Trade School 0.3 per anticipated student Religious Use 0.2 per seat or 5.0 Spaces / KSF, whichever is less .. .. Item 11 Page 59 of 133 Ordinance No. 1293 Page 59 of 65 _______________ 17.57.040 Shared Parking. A. Shared Parking. New development with a mix of uses in a building, on a lot, or an adaptive reuse of an existing structure may account for shared parking between uses on site or at proximate facilities (within the maximum distance specified in 17.57.050(A)) with unutilized supply. When the Director of Public Works determines that the peak parking demand for a project may be met by a number of parking spaces less than required, he or she may grant a reduction of the total number of parking spaces by up to 50 percent, provided that the applicant provide a parking study from a professional engineer (PE) or traffic engineer (TE) based on a survey of at least three similar projects. 17.57.050 Off-Site Parking. A. Parking for Nonresidential Uses. Parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served, provided the parking shall be within 500 feet of the use served. Said distance shall be measured along public walkways from the nearest lot line of the lot on which the uses are located to the nearest lot line of the lot on which the required parking is located. B. Joint Use of Offstreet Parking. Property owners involved in the joint use of offstreet parking facilities shall submit an agreement for such joint use by a proper legal instrument approved by the Public Works Director as to form and content. Such instrument shall be submitted with the entitlement application. Such instrument, when approved as conforming to the provisions of this Section, shall be recorded in the office of the County Recorder, and copies of said recorded documents filed with the Public Works Department prior to issuance of a building permit. 17.57.060 Structured Parking, Parking Lifts, and Tandem Parking. A. Location of Parking. Parking may be located on the surface, or in an underground, podium or detached structure. Parking aisles in any type of structure need only comply with minimum heights specified by the California Building Code. The minimum height required in Table 17.56.060(K) shall not apply. B. Parking Lifts. Residential and employee parking spaces may make use of any type of parking lift that allows for motorists to retrieve a vehicle without having to have person from a different household move their vehicle first. Parking spaces not restricted to residential or employee use may make use of any type of parking lifts provided that the lift is operated by a contracted parking management/valet vendor that has been certified by the City. C. Tandem Parking. Tandem parking is only permitted between parking spaces belonging to the same unit. Both tandem spaces shall be a minimum of 22 feet long. .. .. Item 11 Page 60 of 133 Ordinance No. 1293 Page 60 of 65 _______________ 17.57.070 Special Vehicles. A. Truck Parking. Except for industrial and warehousing use classes which are not listed in Sections 17.23.020, 17.24.020, 17.25.020, and 17.26.020, truck parking which conforms to Section 17.56.060(D) is not required. However, all projects above 10,000 square feet shall include a loading dock suitable for use of a single-unit truck (SU-9). B. Charging Stations. A Level 2 vehicle charging station shall be provided for a minimum of six percent (6%) of the total number of vehicle parking spaces provided. C. Parking for Scooters, Mopeds, Motorcycles. Designated stalls for scooters, mopeds and motorcycles with a minimum dimension of 5’ x 8’ may count toward up to 5% of the minimum parking requirement. SECTION 16. Chapter 17.86 is added to read as follows: Chapter 17.86 Design Review Sections: 17.86.010 Purpose. 17.86.020 Authority and scope. 17.86.030 Applicability. 17.86.040 Determination, action of the Director. 17.86.050 Finding and decision. 17.86.060 Appeal 17.86.010 Purpose. A. Purpose. The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Design Review. 17.86.020 Authority and scope. A. Authority. The Director shall have the authority, subject to the provisions of the title, to grant a Design Review Permit whenever the Director finds the granting of a Design Review Permit is consistent with the requirements, intent and purpose of this title. The purpose of design review is, to implement urban design goals, policies, development standards, and design guidelines within priority areas of the City. Design Review is intended to ensure that the design of new construction and additions is contextual and supports design excellence in Vernon. Among the key functions of Design Review is to determine the appropriate character-defining features of legacy buildings and incentives that can be applied to projects on legacy building sites. .. .. Item 11 Page 61 of 133 Ordinance No. 1293 Page 61 of 65 _______________ B. Standards and Guidelines. Design Review will evaluate strict compliance with mandatory standards in this Code. Design Review will also evaluate substantial compliance with guidelines in this Code which are expressed with non-mandatory language, determining which guidelines are applicable to a particular project. The standard conditions imposed upon approval of an application during Design Review will not be more restrictive than those prescribed by applicable zoning district regulations or other applicable entitlements procedures. Section 17.86.030 Applicability. A. Applicability. This review process applies to any new construction projects within the Mixed Use Zones (MU-CC, MU-S, MU-N, MU-PH) or any change of use project which does not replace the existing features “in kind”. To be considered “replacement in kind,” the features must reasonably match the design, profile, material, and general appearance of the originals. Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features do not require Design Review. Revised plans of the change shall be filed with Public Works. Single-family residential projects and accessory dwelling units are not subject to Design Review. Section 17.86.040 Determination, action of the Director. A. Public Works Director Authority. The Public Works Director will conduct Design Review and make decisions to approve the application or impose conditions upon the approval of the application, including the granting of any preservation incentive. The Public Works Director may refer any such project for a public hearing before the City Council to receive comment on the project’s design, but not to approve or deny the project, if the Director determines it has special significance. 17.86.050. Finding and decision. A. Findings. In acting to approve or conditionally approve an application for the Design Review, the Public Works Director shall make the following findings: 1. That the project is consistent with the applicable development standards of the Vision and any design guidelines of this Vision as deemed applicable to the project by the Public Works Director. 2. That the project implements applicable goals and policies of the Vernon General Plan, as deemed applicable by the Public Works Director. 3. That any development incentive granted is appropriate in order to preserve the character defining features of a legacy structure and/or accommodate multiple encouraged uses. .. .. Item 11 Page 62 of 133 Ordinance No. 1293 Page 62 of 65 _______________ Section 17.86.060 Appeal. A. Appeal Process. Following the City Clerk’s receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 calendar days nor more than 60 calendar days from the City Clerk’s receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040, “Notice of public hearing.” The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant’s claim. The City Clerk shall mail a copy of the City Council’s decision by certified mail to the appellant and all other persons who received notice of the original hearing, and to any other person requesting the same, within five business days after the adoption thereof. The Council’s decision shall be final and conclusive. SECTION 17. Chapter 17.101 is added to read as follows: Chapter 17.101 Trip Reduction and Travel Demand Standards for Mixed-Use Zones. Sections: 17.101.010 Information and Administration. 17.101.020 Site Design. 17.101.030 Parking. 17.101.040 Bicycle Parking. 17.101.050 Additional Trip Reduction and Travel Demand Measures. 17.101.060 Monitoring and reporting by City. 17.101.010 Information and Administration. A. Trip Reduction and Travel Demand Coordinator Required. For residential projects exceeding 10 units and office uses exceeding 10,000 square feet, the property owner shall designate a Trip Reduction and Travel Demand coordinator to provide documentation of implemented Trip Reduction and Travel Demand measures prior to issuance of a Certificate of Occupancy. B. Trip Reduction and Travel Demand Coordinator Responsibility. Trip Reduction and Travel Demand coordinators shall provide informational materials to all tenants advising on options for accessing the project site and details on any transportation benefits offered. Welcome packets should identify options for transit routes, bicycle routes, mobility hubs and carpool options for all new residents and employees. .. .. Item 11 Page 63 of 133 Ordinance No. 1293 Page 63 of 65 _______________ 17.101.020 Site Design Standards. A. Design to Encourage Walking and Biking. New development shall be designed with safe and visible access points for all modes to encourage walking and building a biking to and between sites. Pedestrian pathways shall be provided from the primary street to all buildings on the site. Physical barriers that impede circulation shall not be erected. B. New Development Greater than One Acre. New development greater than one acre in size shall provide multimodal wayfinding signage at key locations internally and externally that directs employees, residents, tenants, and visitors to bicycle parking and amenities, transit services, shared micromobility and mobility hubs, car share parking, and pick-up/drop-off zones, as appropriate. 17.101.030 Parking. A. Projects over 100,000 Square Feet. Projects over 100,000 square feet should designate at least one parking space for a carshare vehicle to provide on-demand access to a vehicle without need for car ownership. B. Unbundled Parking. On-site parking for new development shall be “unbundled” – detaching the cost of reserved parking spaces from tenant leases for the life of the project. Unbundled spaces should be leased or sold separately so that tenants/residents have the option of renting a space at its true cost. 17.101.040 Bicycle Parking. Table 17.101.040 Bicycle Parking Requirements Use Bicycle Spaces Required Residential 0.5 / unit Office 1 per KSF Retail 1 per KSF Restaurant and Entertainment 3 per KSF Industrial 1 per KSF Civic or Institutional 1 per KSF A. Bicycle Parking. Covered and secure short-term bicycle parking shall be provided to meet the needs of shoppers or visitors for a couple of hours at a time. New multi- family residential and office uses shall provide options for long-term bicycle storage, such as bike lockers or bike cages, with a form of access control such as keys or smart cards. .. .. Item 11 Page 64 of 133 Ordinance No. 1293 Page 64 of 65 _______________ 17.101.050 Additional Trip Reduction and Travel Demand Measures. A. Public Works Director Authority. The Public Works Director may approve an application to reduce parking requirements by up to 15 percent if the applicant conducts a parking study from a professional engineer (PE) or traffic engineer (TE) demonstrating that Trip Reduction and Travel Demand Measures beyond those required by this Chapter, such as the Optional measures in Table 17.101.050 (Source: California Air Pollution Control Officers Association (CAPCOA)), will be effective in reducing on-site parking demand. Table 17.101.050 Trip Reduction from Trip Reduction and Travel Demand Measures TDM Measure Potential Trip Reduction Required Unbundle Parking 2.6 – 13.0% TDM Marketing and Information 0.8 – 4.0% Carshare Parking 0.4 – 0.7% Optional Transit Subsidy 0.3 – 20.0% Shared Micromobility Subsidy (Bikeshare / Scooters)1.0 – 2.0% Employee Housing with Worker Shuttle Case-by-case 17.101.060 Monitoring and reporting by City. A. Monitoring by City. The City shall monitor the implementation of the measures set forth in this chapter. The monitoring methods may include any or all of the following: 1. Site inspections made before issuance of a Building Permit, and randomly thereafter. B. Reporting by City. 1. For all development subject to the requirements of the California Environmental Quality Act, each of the following shall be deemed to be a “responsible agency” as that term is defined in Section 21069 of the Public Resources Code of the State of California: a. The enforcement agency. b. Any transit agency which provides service to the City and which submits a written request to be given notice or which the enforcement agency designates in writing to be given notice. .. .. Item 11 Page 65 of 133 Ordinance No. 1293 Page 65 of 65 _______________ SECTION 18. Chapter 17.116.030 is amended to read as follows: 17.116.030 Presumption of general incompatibility with existing industrial uses. In light of the City’s existing businesses and heavily industrial nature, there shall be a presumption that fitness and recreational facilities are generally incompatible with existing uses and properties within the I Zone. The burden shall be on the applicant to show that its proposed use and location are compatible with surrounding uses and properties. SECTION 19. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 20. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 21. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 22. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED August 1, 2023. __________________________ CRYSTAL LARIOS, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney .. .. Item 11 Page 66 of 133 ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING AND AMENDING VARIOUS CHAPTERS IN TITLE 17 - ZONING OF THE VERNON MUNICIPAL CODE TO ALLOW MIXED USE INDUSTRIAL ZONING ALONG SANTA FE AVENUE SECTION 1. Recitals. A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California. B. Vernon Municipal Code Title 17 – Zoning (Zoning Code), establishes zoning regulations and provisions in the City and designates, regulates, and restricts various matters of zoning and land use. C. The City Council desires to amend the Zoning Code to allow mixed use industrial zoning along Santa Fe Avenue (Westside Amendments). In the enactment of this title, the City Council has given due and special consideration to the industrial nature of the City, and to the City’s continuing focus on providing a suitable location for industry and the infrastructure and services required to serve industrial activities. The City’s intent is to continue to support the ongoing industrial character of the City, while recognizing the changing industrial environment throughout the United States and globally, and to respond appropriately. The City Council has further seriously considered the impact of the City’s historically industrial environment and resulting land use incompatibilities with certain other uses as a result of, among other issues, the storage, use, transportation, and processing of hazardous materials; background contamination; noxious odors; noise pollution; and truck and railroad traffic throughout the City. D. In preparation for the Westside Amendments, during the past 34 months staff and/or members of the City Council have participated in five items presented to the City Council, seven Stakeholder Committee meetings, and six one-on-one meetings with owners of property within the proposed zoning districts. E. A duly-noticed public hearing has been held to consider the proposed Zoning Code changes, and public testimony has been received and considered. F. By separate resolution, the City Council is amending the General Plan and certifying the Final Program Environmental Impact Report related to the Westside Amendments.Redline.. .. Item 11 Page 67 of 133 Ordinance No. 1293 Page 2 of 67 _______________ THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from CEQA review because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. In compliance with CEQA Guidelines (California Code Regulations, Title 14, Section 15000 et seq.), the City of Vernon prepared the Final Program Environmental Impact Report for the Westside Amendments to the General Plan and for the Westside Amendments to Title 17 of the Vernon Municipal Code, as set forth and certified in a separate resolution amending the General Plan. SECTION 4. Section 17.04.020 is amended to read as follows: 17.04.020 Purpose and intent. The purpose of this title is to consolidate and coordinate all existing zoning regulations and provisions into one comprehensive zoning plan that designates, regulates, and restricts the use, location, and size of buildings, ancillary structures, and land for industrial uses and other permitted purposes and that establishes performance and development standards in order to protect the public health, safety, and welfare. To achieve these purposes, this title establishes zones within the City and various overlay zones of such number, shape, and area as have been deemed best suited to carry out these regulations and provide for the administration and enforcement of said regulations. It is declared that in the enactment of this title, the City Council has given due and special consideration to the industrial nature of the City, and to the City’s continuing focus on providing a suitable location for industry and the infrastructure and services required to serve industrial activities. The City’s intent is to continue to support the ongoing industrial character of the City, while recognizing the changing industrial environment throughout the United States and globally, and to respond appropriately. The City Council has further seriously considered the impact of the City’s historically industrial environment and resulting land use incompatibilities with certain other uses as a result of, among other issues, the storage, use, transportation, and processing of hazardous materials; background contamination; noxious odors; noise pollution; and truck and railroad traffic throughout the City. SECTION 5. Section 17.16.020 is amended to read as follows: Redline.. .. Item 11 Page 68 of 133 Ordinance No. 1293 Page 3 of 67 _______________ 17.16.020 Definitions. “Adult or sexually oriented businesses” shall have the same meaning as defined in Chapter 5.04, “Business License and Regulations,” Chapter 5.40, “Adult or Sexually Oriented Businesses” (See Section 5.40.020 of this Code), and shall be deemed to be a First Amendment protected use. “Amendment” means a change in the wording, context, or substance of this title or a change in the zone or overlay zone boundaries or zone or overlay zone classifications upon the Zoning Map. “Ancillary structure” means any structure that is built or constructed to be used in connection with the use of the property on which it is located, including items such as a fence, wall, steps, sign, or other structure built or composed of parts joined together in some definite manner, excluding a building, and shall also include any equipment anchored to the ground. “Ancillary retail use” means a retail use customarily incidental or subordinate to a person’s permitted use, as further described in Section 17.22.040 (B) that does not occupy more than 10% of the gross floor area occupied by the person’s permitted use. Any retail activity exceeding this limit shall be considered a primary use of property and subject to the land use regulations applicable to such use. Ancillary retail use shall not include mail-order or internet sales in connection with a permitted use. “Ancillary use” means a use customarily incidental or subordinate to a person’s permitted use, as further described in Section 17.22.020(HE), such as office space or showroom space that does not occupy more than 20% of the gross floor area occupied by the person’s permitted use. ancillary Ancillary use shall include mail-order or internet sales in connection with a permitted use. “Art galleries” means a physical location where art is shown to the public and may be made available for purchase. “Artisan Industrial” means industrial uses under 5,000 square feet per space which do not produce noise, vibration, fire hazard or noxious emissions that would disturb or endanger neighboring units or properties. Examples include artist and artisan studios, custom manufacturing, photofinishing or photography studios, commercial kitchens, and print shops. Auto Wrecker. See “Junk or salvage business.” “Awning” means an architectural projection that provides weather protection, identity, or decoration, and which projects from and is wholly supported by the exterior wall of a building to which it is attached, requiring no additional structure(s) for support. An awning is typically composed of canvas or other similar material. Redline.. .. Item 11 Page 69 of 133 Ordinance No. 1293 Page 4 of 67 _______________ “Big box retail” means a retail use with individual tenant space(s) over forty thousand (40,000) square feet housed in a newly constructed standalone commercial building. These types of uses engage in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Billboard. See “Outdoor advertising structure.” “Building” means any structure having a permanent roof supported by columns or walls and attached to the ground. “Canopy” means any fixed roof-like structure or architectural projection of rigid construction that is structurally independent or supported by attachment to a building on one end and by not less than one stanchion on the outer end. “Cell tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed, and lattice construction steel structures. “CEQA” means the California Environmental Quality Act, California Public Resources Code Sections 21000—2117789. “Change of use” means any new use or change of activity, including any commencement of a new business activity, purpose, or use that requires a permit from the Department of Public Works pursuant to this title, except that a use permitted by a Temporary Use Permit or a Special Events Permit shall not be considered a Change of Use. “City” means the City of Vernon. “City Council” means the City Council of the City of Vernon. “Code” means the Municipal Code of the City of Vernon. “Cold storage warehouse” means a building or part of a building used primarily to store non-durable, perishable goods under refrigeration at temperatures of 35º Fahrenheit or lower, excluding areas used for the processing, preparing, or packaging of such goods for storage. “Commercial use” means businesses that provide goods or services, including, but not limited to, banks, publishing and printing shops, equipment rental and leasing, offices, automotive repair, and urgent care facilities. “Community facilities” means buildings and facilities intended to be used by the general public (or segments of the general public), including, without limitation, government Redline.. .. Item 11 Page 70 of 133 Ordinance No. 1293 Page 5 of 67 _______________ offices, public schools, private schools (including special purpose schools, such as nursery schools or special interest schools, but not including trade schools), libraries, museums, senior citizen centers, day care centers, hospitals and emergency rooms, multi-use facilities, such as YMCAs and community centers, cemeteries, and other similar facilities, but not including a religious use, fitness and recreational facilities, or a convention venue, as defined below. “Conditional Use Permit” means a discretionary permit granted by the City Council for certain uses of property not permitted of right because such uses require special review and may be subject to special conditions. The requirements for a Conditional Use Permit are set forth in Chapter 17.72. “Contractor’s yard” means a permanent site that houses a contractor’s equipment or materials which are stored outdoors. “Convention venues” means establishments providing space for public or private gatherings and meetings, including, but not limited to, banquet rooms, auditoriums, and conference/convention facilities. This definition does not include adult or sexually oriented businesses, religious uses, fitness and recreational facilities, or bars. “Data center” means a building with a controlled environment used for housing a large amount of electronic equipment, typically computers and communications equipment, for the purpose of creating a hosted computer environment. “Density” means the total number of permanent residential dwelling units per acre of land, exclusive of all existing public right-of-way surfaces or similar property. “Development Agreement” means a contract duly executed and legally binding between the City of Vernon and a developer(s) pursuant to Government Code Section 65864 et seq. “Development standards” means the development and performance standards described in Section 17.22.070, “Development and performance standards,” and/or development and performance standards identified for individual overlay zones in this title. “Digital display” means the face of a sign or outdoor advertising structure that is comprised of a digital or electronic face with intermittent changeable messages. “Director” means the City of Vernon Director of Public Works, or designee. “Distributed generation” means decentralized power generating facilities interconnected to the City’s distribution system and used exclusively to meet the customer’s load requirements at the site to offset power consumption normally provided by the City and may include, but not be limited to solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind generators, biomass-fueled facilities, fuel cells, water-powered Redline.. .. Item 11 Page 71 of 133 Ordinance No. 1293 Page 6 of 67 _______________ energy systems, combined heat and power facilities, energy storage devices, micro- turbines and waste burning power facilities. “Drive-through” or “drive-up facilities” means an establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services examples include fast food restaurants, banks, and pharmacies. Dwelling Unit. See “Residence.” “Emergency shelter,” pursuant to California Health and Safety Code Section 50801(e), means a facility that provides immediate and short-term housing to homeless persons or families on a first-come, first-serve basis where the individual(s) must vacate the facility each morning and have no guaranteed bed for the next night. No individual or household may be denied emergency shelter because of inability to pay. “Encouraged” means a use permitted of right in the Mixed-Use zones and which, when combined with other encouraged uses, triggers incentives per Chapter 17.53. “First Amendment protected uses” means those uses with legal precedent to be protected by the First Amendment to the United States Constitution, specifically those uses constitutionally protected due to “freedom of association” in the form of intimate association (“intimate human relations”) or expressive association (“engaging in those activities protected by the First Amendment—speech, assembly, petition for the redress of grievances, and the exercise of religion”). First Amendment protected uses shall include, but not be limited to, adult or sexually oriented businesses and tattoo parlors. “Fitness and recreational facilities” means buildings and facilities used for fitness and recreational purposes, including, but not limited to, cross-fit and rock-climbing gyms, dance and martial arts studios, skate parks, roller derby, and spectator-related events related thereto. “Floor area” means the total horizontal area of all floors contained within the exterior walls of all buildings, measured by the exterior dimensions of the building, on a lot. It shall include elevated storage areas and platforms, walkways, and similar interior structures or facilities used to provide access to such storage areas, but not where the same are used to provide access solely to machinery or equipment and are not normally occupied, except to maintain the equipment. Outdoor dining areas and balconies shall be considered floor area for determining the required parking and loading requirements. It shall not include awnings, or garages that are required parking for a permitted residential use. “Floor area ratio” means the ratio of the floor area of all buildings on a lot to the buildable area of that lot. “Force majeure” means an event that is not within the control of the owner of the property, including, without limitation, earthquake, flood, fire, and acts of war or terrorism. Redline.. .. Item 11 Page 72 of 133 Ordinance No. 1293 Page 7 of 67 _______________ “Freight terminal” means any lot, building, or portion thereof where goods or freight, excluding perishable goods, are transferred or redistributed from one vehicle to another; provided, however, that such use in connection with the operation of a warehouse use or cold storage warehouse shall not be deemed to be a freight terminal. A freight terminal shall not include any use involved in the storage of products for more than 72 hours. (For products stored longer than 72 hours, see “Warehouse use.”) “Fueling station” means any establishments engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories, that may include accessory minor maintenance and repair of automobiles and light trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). Minor repair does include body and fender work. “Garage” means a structure or portion of a structure completely enclosed by walls or doors on all sides that is designed or used to shelter one or more parking spaces. “Goods Sales” means physical retail spaces where goods are sold. This includes warehouse stores and boutiques. “Hazardous waste facility” means any facility or location which has a primary function to store or process, treat, transfer, dispose of, or recycle all substances defined as hazardous waste, acutely hazardous waste, extremely hazardous waste, or biohazardous waste, as defined by the State of California in Chapter 6.5 of Division 20 of the Health and Safety Code Sections 25110.02, 25115, 25117, and 117635 or in any amendments to or recodifications of such statutesthereof. The definition shall not include the storage, use, generation, recycling, or disposal of hazardous materials as a secondary effect, product, or input of a permitted use on the same lot as the permitted use. “Hotel” means any building containing two or more individual rooms or suites of rooms intended or designed to be used, or which are used, rented, or hired out to be occupied for sleeping or housing purposes by guests. Hotels include motels, boarding houses, rest homes, sanitariums, dormitories, hostels, and any other structure or building other than a residence or emergency shelter used for the housing or sleeping of humans. Co-living and executive apartment facilities are also included in this definition. Co-living is dormitory style living with extensive common amenities targeting mostly single professionals. An executive apartment is a short-term, furnished apartment that caters to people who come to work in a community for a defined period of time or who move from another city. “Incidental use” means a use that is in connection with a person’s permitted use, as further described in Section 17.22.040(EI), such as office space, design area or showroom space, that occupies more than 20% but less than 50% of the gross floor area occupied by the person’s permitted use. Incidental use shall not include a retail use, but may include mail-order or internet sales in connection with a permitted use. Redline.. .. Item 11 Page 73 of 133 Ordinance No. 1293 Page 8 of 67 _______________ “Industrial gas manufacturing” means the separation of the constituents of air into liquid or gaseous form for storage, transport, or cylinder filling, and the distribution and sale of those products, as well as other related welding gases. “Industry” or “industrial use” means the manufacture or production of any saleable article, substance, or commodity, so long as the process adds substantial value to the article, substance, or commodity, and shall not include tasks primarily consisting of collecting, sorting, shipping, distributing, or inspecting goods from or in a warehouse or terminal. Industrial use includes uses ancillary to the manufacturing or production process, such as storage, use, generation, and disposal of hazardous materials (as defined in Federal and State laws and regulations) incidental to a manufacturing or production process; recycling incidental to a manufacturing or production process; and use of space for ancillary use. “Junk or salvage business” means an auto wrecker or any business dealing in, selling, distributing, or buying for resale scrap materials (that is, used or waste materials) that require processing or recycling to be useful, including, without limitation, metal, cloth, paper, glass, wood, cardboard, plastics, or comparable matter, including used consumer products, but shall not include a yard ancillary to an industrial use. Junk or salvage business shall not include a business that processes or recycles the scrap materials on- site as a recycling facility. “Landscaping” means an area devoted to the growing of plants, including trees, shrubs, grasses, or groundcovers for the visual or aesthetic enjoyment of people. Landscaping may include synthetic turf, fountains or sculpture in a minor portion of the area. “Legal nonconforming building or standards” means a building or ancillary structure or portion thereof which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations set forth in this Code applicable to the zone or overlay zone in which such building or ancillary structure is located, including failure to comply with the development standards or site planning standards applicable to such zone or overlay zone. “Legal nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title, no longer conforms to the regulations set forth in this title applicable to the zone or overlay zone in which such use is located. “Light Industrial” means industrial uses that do not create smoke, gas, odor, dust, noise, vibration of earth, soot, lighting, or other similar output to a degree that is offensive when measured at the property line of the subject property. The facilities have an emphasis on activities other than manufacturing and typically have minimal office space. Typical light industrial activities include printing, material testing and assembly of data processing equipment. These land uses are generally less than 50,000 square feet in gross floor area. Other examples include photographic processing shops, textiles, apparel and Redline.. .. Item 11 Page 74 of 133 Ordinance No. 1293 Page 9 of 67 _______________ furniture upholstery, leather and leather products, appliance repair shops, and mechanical assembly cleaning. “Live/Work” means units that combine a residential space and an adequate artistic, office or productive (work) space within the same unit. “Loading space” means an off-street space that is maintained for the parking of a vehicle while loading or unloading merchandise or materials from the vehicle into a building located on the same lot as the space. “Lot” means a quantity or parcel of land in the possession of, or owned by, or recorded as the property of the same claimant or person, and that is: 1. A parcel of real property when shown as a delineated parcel of land with a number or other designation on a tract or plat map recorded in the office of the County Recorder; 2. A parcel of land, the dimensions and boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State in the office of the County Recorder; or 3. A legal lot or parcel as defined in the California Subdivision Map Act. Where parcels of land in the same ownership are separately legally described and are developed as permitted by this Code, such individual parcels shall be considered as separate lots, but if a covenant that ties two or more lots has been recorded, all of the tied lots shall be treated as one lot. “Major alteration or repair” means a renovation, alteration, or repair for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three year period, commencing when the permit, if required, is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, equals or exceeds 50% of the current fair market value of all of the buildings located on the same lot. For purposes of this title, the cost of the renovation, alteration, or repair shall exclude any costs incurred for environmental investigation, testing, and remediation. For purposes of this title, current fair market value shall be determined based only on the value of the building, and shall not include the value of the unimproved land, any personal property or equipment, or any parking lot or landscaping. Fair market value shall not include the cost or value of the contemplated renovation, alteration, or repair, and shall be determined without reference to damage caused by an event of force majeure, if any. If the owner and the City do not agree on the current fair market value, the parties shall rely on a current appraisal by an independent third party MAI appraiser having at least five years’ commercial real estate appraisal experience in the Los Angeles, California metropolitan area, obtained by the owner, at the owner’s expense. Redline.. .. Item 11 Page 75 of 133 Ordinance No. 1293 Page 10 of 67 _______________ “Manure fertilizer business” means a business dealing in, buying, selling, handling, processing, or storing of manure; provided, however, that manure fertilizer business shall not mean or include: (1) the storage and drying, grinding, and grading of manure upon the property where the same is produced as a result of or in connection with the operation of any business permitted in the S Overlay Zone; (2) manufacture of chemical fertilizers; or (3) fertilizer generated from sludge. “Marijuana dispensary, store, co-op, or cultivation operation” means and includes any location, structure, facility, residence, or similar to the same used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, planted, cultivated, or processed, including any of the foregoing if used in connection with the delivery of marijuana. “Market” means a physical storefront with a focus on selling food and drink for off-site preparation, including a farmers’ market. “Master Plan of Streets” means the Master Plan of Streets of the City of Vernon. “Media Production Studios” means studio space for media production activities including: storyboarding, photography, audio recording, video recording, post-production editing, sound design, and any other media production activity. “Minor alteration or repair” means a renovation, alteration, or repair for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three- year period, commencing when the permit, if required, is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, does not equal or exceed 50% of the current fair market value of all of the buildings located on the same lot. For purposes of this title, the cost of the renovation, alteration, or repair shall exclude any costs incurred for environmental investigation, testing, and remediation. For purposes of this title, current fair market value shall be determined based only on the value of the building, and shall not include the value of the unimproved land, any personal property or equipment, or any parking lot or landscaping. Fair market value shall not include the cost or value of the contemplated renovation, alteration, or repair, and shall be determined without reference to damage caused by an event of force majeure, if any. If the owner and the City do not agree on the current fair market value, the parties shall rely on a current appraisal by an independent third party MAI appraiser having at least five years’ commercial real estate appraisal experience in the Los Angeles, California metropolitan area, obtained by the owner, at the owner’s expense. “Minor Conditional Use Permit” means a discretionary permit granted by the Director for certain uses of property not permitted of right because such uses require special review and may be subject to special conditions. “Multi-Family Dwelling” means a building or a portion of a building used and/or designed as residences for two or more households living independently of each other. Apartments Redline.. .. Item 11 Page 76 of 133 Ordinance No. 1293 Page 11 of 67 _______________ and condominium flats are multi-family dwellings while townhomes (attached single- family dwellings within a condominium parcel) are not considered multi-family dwellings. “New construction” means the construction of a new building that is not attached to an existing building. “Nightlife” means establishments that primarily serve alcoholic beverages (not including restaurants that primarily serve food, and that also serve alcoholic beverages), including, without limitation, bars, breweries, taverns, lounges, and nightclubs. Nightlife shall not include an adult or sexually oriented business, even if it serves alcoholic beverages. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used. “Office Manufacturing” means a dual purpose space containing office spaces as well as spaces within which to manufacture goods, where manufacturing activities are directly related to and subservient to the office activities, such as design, engineering, testing, etc. Examples include R&D campuses and maker spaces. “Offices” means uses where professional, administrative, or common business services are provided and which are not ancillary uses or incidental uses as defined by this title, such as, but not limited to, real estate firms, medical and professional offices, stock brokerages, and bond and insurance firms. “Outdoor advertising structure” means any sign, logo, picture, transparency, mechanical device, billboard, or other representation (whether or not it includes words or logos) that is located off-site from the property where the product or service is offered and is intended to attract attention to any commodity, good, product, or service for any business or non- profit purpose or entity. An outdoor advertising structure shall not include any such sign or other structure that directs attention to the activity conducted, sold, or offered upon the property where the sign or other structure is located. “Outdoor storage and activities” means any use of property for purposes of temporary or permanent storage of raw materials, storage or display of finished products or other materials, and including installation or storage of equipment (whether operational in the business or not operational) that is located outside of a building, except for parking of cars and trucks. “Parking space” means a readily accessible space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle. “Permitted use” means a use that is permitted on a lot, either by right as set forth in this title or by means of a Conditional Use Permit, Minor Conditional Use Permit, Temporary Use Permit, or as a legal nonconforming use. Redline.. .. Item 11 Page 77 of 133 Ordinance No. 1293 Page 12 of 67 _______________ “Person” means an individual, entity, or governmental agency other than the City of Vernon. “Personal Services” means personal care services provided in storefronts. These services include dry cleaners, beauty salons, fitness studios, barbers, dog groomers, nail salons, massage businesses and similar uses. Massage businesses are separately regulated by Chapter 17.108. “Petroleum refinery” means an establishment or plant primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other products from crude petroleum and its fractionation products through straight distillation, redistillation, cracking, or other processes. “Petroleum-related use” means an establishment or plant for the blending or processing of petroleum products but not including a petroleum refinery or petroleum storage facility. Petroleum-related use does not include storage of fuel as an ancillary use to a permitted use. “Petroleum storage facility” means an establishment, including a tank farm, for keeping and storing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other petroleum products, but not including storage of fuel as an ancillary use. “Production retail” means retail uses with artisan or light industrial uses, where retail activities involve sale of the goods produced or processed on-site. This includes production beverage, production fashion, production furniture, and commercial food production. “Property” means all adjacent lots under common ownership. “Public storage” means a structure or series of structures divided into small sections and used by the general public for storage of goods or materials. “Public utilities” means facilities owned or operated by an entity that is not the City of Vernon, that is subject to governmental regulation such as the California Public Utilities Commission, and that provides an essential commodity or service such as water, power, transportation, or communication to the public. It shall include electrical substations, water or wastewater treatment plants, and similar facilities of public agencies or public utilities, but shall not include property used solely for telecommunications antennae, cell towers, and related equipment. “Recycling facility” means a facility that recycles used or waste materials, excluding hazardous waste, to convert and redistribute them, or a significant portion of them, as raw materials or to convert them and manufacture a product made wholly or partly from recycled materials, including a biodiesel facility. For these purposes, recycling means a process involving reconstituting materials that would otherwise become waste and Redline.. .. Item 11 Page 78 of 133 Ordinance No. 1293 Page 13 of 67 _______________ returning them to the economic mainstream in the form of raw materials for new reuses or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling facility does not include recycling activities undertaken as an ancillary use to a permitted use. “Religious use” means use of a lot for religious assemblies, institutions, or structures. “Rendering plant” means an establishment where one or more of the following items is cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer (other than fertilizer from manure), animal feed, or ash: carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and other animal, fowl, or fish byproducts. Rendering plant shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor, a rendering process in connection with and incidental to a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption. “Residence” means and includes one or more rooms in a building managed or used as living quarters, including, without limitation: a building or buildings used as a single-family dwelling or a multifamily dwelling; a building or buildings used as a live-in treatment facility, substance abuse center, half-way house, or home for senior citizens, disabled persons, or other residential care facilities. Emergency shelter is specifically excluded from this definition. “Residential care facilities” means facilities providing 24-hour residential, assisted living, social and personal care for children, the elderly, and people with limited ability for self- care, such as board and care homes; children’s homes; orphanages; rehabilitation centers; convalescent homes, nursing home and similar facilities. “Residential use” means the development and use of a property exclusively with a residence or residences, and any accessory uses or buildings customarily associated with a residence, such as, but not limited to, private recreational facilities, private open space, and on-site support facilities to residents of the property. “Restaurant” means a food establishment that serves food to customers for consumption on- or off-premises, including fast-food and full-service dining establishments. It includes, but is not limited to, walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments. “Retail use” means a business providing the point of final sale of goods directly to customers, including, without limitation, restaurants and coffee shops, grocery stores, and vehicle sales. Retail use shall not include mail-order or internet sales. “Right-of-way” means the planned future ultimate width of a street as determined by the Master Plan of Streets. Redline.. .. Item 11 Page 79 of 133 Ordinance No. 1293 Page 14 of 67 _______________ Salvage Yard. See “Junk or salvage business.” Server Farm. See “Data center.” “Single-Family Dwelling” means a dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted). Single-family dwellings include townhomes (attached single-family dwellings where no unit is located above or below), even when included within a condominium. “Site planning” and/or “site development standards” means the land use standards described in Section 17.22.080, “Development and sSite planning standards,” and/or site planning standards identified for individual overlay zones in this title. “Slaughtering” means the industrial process of butchering animals and dressing and preparing the products of their carcasses for food or other purposes. “Solid waste facility” means any facility or location that stores, processes, or transfers solid waste as defined in California Public Resources Code Section 40191, or in any amendments to or recodifications of such statute, and related regulations. “Sound level” means the quantity in decibels measured by a sound level meter satisfying the requirements of American National Standards Specification for Sound Level Meters S1.4. The sound level meter shall be set at “A” weighting and at “SLOW” dynamic characteristic. “Special event” means any event intended to attract 25 or more persons for a duration not to exceed 48 hours, such as indoor or outdoor sales event of product normally stored or produced onsite, outdoor or indoor meeting, ground breaking ceremony, holiday or special occasion party or similar event, or spectator event related to fitness and recreational facilities. “Special Event Permit” means a permit issued by the Vernon Fire Department for a special event. “Static display” means the face of a sign or outdoor advertising display that has a fixed, printed face and does not have a digital display. “Street” means: (1) any public road or street (including a highway or freeway) or sidewalk owned or controlled by any governmental entity; or (2) any private recorded thoroughfare that affords a means of access to an abutting lot. “Supportive housing” means housing with no limit on length of stay that is occupied by the target population as defined in the California Health and Safety Code Section Redline.. .. Item 11 Page 80 of 133 Ordinance No. 1293 Page 15 of 67 _______________ 50675.14, and that is linked to on-site or off-site services that assist tenants to retain the housing, improve their health status, maximize their ability to live, and when possible, to work in the community. “Tattoo parlors” means establishments whose principal business activity is one or more of the following: (1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Tattoo parlors are considered a First Amendment protected use. “Telecommunications antenna” means a physical device or system through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. “Temporary Use Permit” means a permit granted by an authorized agent of the City for certain uses of property not permitted of right because such uses might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. “Title” means this Title 17; Comprehensive- Zoning Ordinance of the City of Vernon. “Trade school” means a facility or teaching unit designed to educate an adult on the skills needed to perform a specific job, apprentice education, and similar training. “Trailer” means any vehicle or structure having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motor power or other means. The term Trailer shall include camp car, house car, mobile home, camper, recreational vehicle (RV), or other vehicle whose uses may include cooking or sleeping. “Trailer park” means any lot or portion thereof used or designed to accommodate two or more trailers used for housekeeping or sleeping or living quarters, and such definition shall include trailer courts, mobile home courts, and mobile home parks. “Transitional housing” means temporary rental housing with length of stay that ranges between six months to two years for homeless individuals or families who are transitioning to permanent housing, operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time. “Transportation-related use” means any use that is the same or similar to a freight terminal or truck terminal, or that supports the movement of goods or people, such as taxi dispatch. A transportation-related use shall not include a public street or railroad right-of-way. Redline.. .. Item 11 Page 81 of 133 Ordinance No. 1293 Page 16 of 67 _______________ “Trash to energy facilities” means the process of creating energy in the form of electricity or heat from waste conversion. “Truck terminal” means any lot, building, or portion of a lot or a building used primarily for the parking, storage, maintenance, repair, or servicing of highway-type vehicles carrying persons or property, including, but not limited to, trucks, buses, and cargo containers. Truck terminal does not include parking of vehicles in connection with a permitted use or repairing or maintaining vehicles used in connection with a permitted use on the same lot as the permitted use. “Urgent care facility” means a facility used to provide medical screenings or to treat patients who have an injury or illness that requires immediate care, but is not serious enough to warrant a visit to a hospital emergency room. “Variance” means an exception to the required development standards or site planning standards applicable to a property granted by the City Council based on the criteria and findings set forth in Chapter 17.68, “Variances.” “Vibration” means discrete ground movement as measured by peak particle velocity in inches per second. “Warehouse use” means a building or portion thereof used primarily for the storage of saleable goods or raw materials to be incorporated into saleable goods (including storage for distribution to other locations for wholesale or retail sale), but not including a cold storage warehouse. The storage of scrap materials shall not constitute a warehouse use. “Wholesale use” means a building or part of a building used primarily for the storage and distribution of merchandise that is sold in large volumes to retailers or other professional businesses, but not to a standard retail consumer. Wholesale use includes the storage and distribution of merchandise for more than 72 hours. The storage and sale of scrap materials shall not constitute a wholesale use. “Zone and overlay zone” means a section of the City to which regulations governing the use, area, size of buildings and ancillary structures, and other uniform regulations apply. “Zoning Map” means the Comprehensive Zoning Map of the City of Vernon, as further described in Section 17.20.020, “Comprehensive Zoning Map.” SECTION 6. Sections 17.20.010(A) and (B) are amended to read as follows: 17.20.010 Zones and overlay zones of the City. A. Establishment of Zones and Overlay Zones. As a result of its commitment to making property available for industrial use and to carry out the purposes and provisions of this title, the City establishes the General Industry Zone (I Zone) and several mixed-Redline.. .. Item 11 Page 82 of 133 Ordinance No. 1293 Page 17 of 67 _______________ use zones which also allow for industrial use. Within the I Zone, special categories of overlay zones have been established for the purpose of allowing special uses that are not otherwise permitted within the City. The zone, overlay zones, and mixed use zones are designated as follows, and either the name or the symbol may be used to refer to the I Zone or any of the overlay or mixed use zones. The boundaries of each of the overlay and mixed use zones are set forth in detail on the Zoning Map. 1. The I Zone is the General Industry Zone. 2. The Mixed Use Zones are: a. MU-CC – Mixed Use – City Center. b. MU-S – Mixed Use – Santa Fe South. c. MU-N – Mixed Use – Santa Fe North. d. MU-PH – Mixed Use – Pacific Hampton. 3. The Overlay Zones within the I Zone are: a. C-1 - Commercial-1 Overlay Zone. b. C-2 – Commercial-2 Overlay Zone. c. E - Emergency Shelter Overlay Zone. d. H – Housing Overlay Zone. e. R - Rendering Overlay Zone. f. S - Slaughtering Overlay Zone. g. T – Truck and Freight Terminal Overlay Zone. B. Uses Permitted of Right. It is the City’s intent to provide an acceptable location within the County of Los Angeles for industrial uses, including those that may not be compatible with land use elsewhere in much of the County. As a result of this intent and the City’s historically industrial environment, industrial uses are permitted in the I Zone and each of the overlay zones. Certain non-industrial uses are permitted in the I Zone in accordance with Section 17.22.020, “Permitted uses.” Certain non-industrial uses may be permitted in the C-1, C-2, E, H, R, S, and T Overlay Zones, as set forth in the descriptions of the uses permitted in those overlay zones. Industrial uses are also permitted of right in the mixed-use zones. SECTION 7. Section 17.20.030 is amended to read as follows: 17.20.030 Uncertainty as to zone boundaries. Where uncertainty exists with respect to the boundaries of any of the zones, as shown on the Zoning Map, the determination of the City Council as to the location thereof shall be final and conclusive. Any decision regarding the boundaries of an overlay zone shall follow the then existing lot lines.” Redline.. .. Item 11 Page 83 of 133 Ordinance No. 1293 Page 18 of 67 _______________ SECTION 8. Chapter 17.24 General Industry (I) Zone is renumbered to Chapter 17.22 and all references throughout the Code are hereby amended. SECTION 9. Chapter 17.23 is added to read as follows: Chapter 17.23 City Center District (MU-CC) Zone Sections: 17.23.010 Purpose and intent. 17.23.020 Use regulation. 17.23.030 Legal nonconforming uses. 17.23.040 Site planning standards. 17.23.010 Purpose and intent. A. The City Center District is intended to function as the downtown of Vernon. Building upon the government, educational, religious and residential uses which are already present in this district, the City Center is envisioned to grow to form a hub for retail, food, business and personal services and public spaces which will serve the entire Vernon community, including existing and future industrial workers who demand these services. New residential uses can also be located in this area to bring new life to the streetscape and to support the new service uses to the greatest extent possible. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-CC Zone are those deemed necessary to establish a downtown environment. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-CC Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.23.020 Use regulation. A. Use Regulation. Tables 17.23.020(A) and 17.23.020(B) detail specific land uses within the MU-CC zone which are either encouraged, permitted of right, accessory, accessory or conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.23.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I Zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), Redline.. .. Item 11 Page 84 of 133 Ordinance No. 1293 Page 19 of 67 _______________ electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.23.020(B) shall comply with parking, loading, intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.23.040(A). Redline.. .. Item 11 Page 85 of 133 Ordinance No. 1293 Page 20 of 67 _______________ Table 17.23.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Permitted of Right Development and design standards of this Chapter do not apply; development standards are the following: Minimum front setback: 5 ft Maximum height: 3 stories / 35 feet Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 25% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Encouraged Residential Care Facilities Permitted of Right Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See VMC Chapter 17.54 for detailed regulations Trailer Park Prohibited Emergency Shelter Prohibited Primary Office Uses Office Manufacturing Permitted of Right Media Production Studios Permitted of Right Offices Permitted of Right Redline.. .. Item 11 Page 86 of 133 Ordinance No. 1293 Page 21 of 67 _______________ Table 17.23.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Encouraged Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.23.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status: 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone. 6. Slaughtering plants located outside of the S Overlay Zone. Redline.. .. Item 11 Page 87 of 133 Ordinance No. 1293 Page 22 of 67 _______________ 7. Rendering plants located outside of the R Overlay Zone. 17.23.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards set forth in Table 17.23.040(A) and illustrated in Figures 17.23.040(B) and 17.23.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-CC Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with applicable site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings. B. Additional Development Standards. For additional development standards see Chapter 17.53 – Incentives for Preservation Creative Uses and Affordable Housing and Chapter 17.54 - Mixed-Use Design Standards. Redline.. .. Item 11 Page 88 of 133 Ordinance No. 1293 Page 23 of 67 _______________ Table 17.23.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 50% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 25% Height2 Maximum, first 50 feet of frontage 4 stories/55 feet Maximum, other Unlimited Setbacks Santa Fe Avenue, minimum None Santa Fe Avenue, maximum 15 feet Vernon Avenue / Pacific Avenue, minimum 5 feet Vernon Avenue / Pacific Avenue, maximum 20 feet Local Street, minimum None3 Local Street, maximum 10 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback4, Santa Fe Avenue, minimum 80% Building Streetwall at Setback4, Vernon Avenue/Pacific Avenue, minimum 60% Transperancy5, Santa Fe Avenue, minimum 50% Transperancy5, Vernon Avenue/Pacific Avenue, minimum 25% Transperancy5, Local Street, minimum 25% Open Space Open Space6 per unit, minimum 150 square feet Common Open Space7 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum8 5% 1. Any use listed in Table 17.23.020(A) or 17.23.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered active use. Active uses shall cover at least 50% of the ground floor, excluding parking and loading areas. They shall also cover at least 50% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.23.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Dedication shall be required to establish a 12-foot minimum sidewalk. 4. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. Redline.. .. Item 11 Page 89 of 133 Ordinance No. 1293 Page 24 of 67 _______________ Table 17.23.040(A) Standards 5. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 6. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the require front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 7. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 8. Industrial or warehouse use classifications which are not included in Table 17.23.020(b), shall meet this requirement through a publicly-accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly-accessible open space for these uses, even if setbacks are not allowed. Figure 17.23.040(B) Use Limitation, Height, and Open Space Requirements Redline.. .. Item 11 Page 90 of 133 Ordinance No. 1293 Page 25 of 67 _______________ Figure 17.23.040(C) Streetwall, Frontage, and Floor Height Requirements SECTION 10. Chapter 17.24 is added to read as follows: Chapter 17.24 Santa Fe South District (MU-S Zone) Sections: 17.24.010 Purpose and intent. 17.24.020 Use regulation. 17.24.030 Legal nonconforming uses. 17.24.040 Site planning standards. 17.24.010 Purpose and intent. A. Purpose. The purpose of the Santa Fe South District is to become an active, comfortable, pedestrian-friendly place with a variety of residential and retail uses existing harmoniously with light industry. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-S Zone are those deemed necessary to establish an active, pedestrian-friendly environment with a variety of residential and retail uses alongside light industry. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-S Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. Redline.. .. Item 11 Page 91 of 133 Ordinance No. 1293 Page 26 of 67 _______________ 17.24.020 Use Regulation. A. Use Regulation. Tables 17.24.020(A) and 17.24.020(B) detail specific land uses within the MU-S zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.24.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.24.020(B) shall comply with parking, loading, intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.24.020(A). Redline.. .. Item 11 Page 92 of 133 Ordinance No. 1293 Page 27 of 67 _______________ Table 17.24.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 30% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Encouraged Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See Chapter 17.54 for detailed regulations. Residential Care Facilities Permitted of Right Trailer Park Prohibited Emergency Shelter Prohibited Primary Office Uses Office Manufacturing Permitted of Right Media Production Studios Permitted of Right Offices Permitted of Right Redline.. .. Item 11 Page 93 of 133 Ordinance No. 1293 Page 28 of 67 _______________ Table 17.24.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Encouraged Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.24.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status. 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone. Redline.. .. Item 11 Page 94 of 133 Ordinance No. 1293 Page 29 of 67 _______________ 6. Slaughtering plants located outside of the S Overlay Zone. 7. Rendering plants located outside of the R Overlay Zone. 17.24.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.24.040(A) and illustrated in Figures 17.24.040(B) and 17.24.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-S Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 - Incentives for Preservation and Creative Uses and Affordable Housing and Chapter 17.54 - Mixed Use District Design Standards. Table 17.24.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 50% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 30% Height2 Maximum, first 50 feet of frontage 3 stories/45 feet Maximum, other 5 stories/65 feet Setbacks Santa Fe Avenue, minimum/maximum 0 feet3 Local Street, minimum None4 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback5, Santa Fe Avenue, minimum 80% Transperancy6, Santa Fe Avenue, minimum 50% Transperancy65, Local Street, minimum 25% Open Space Open Space7 per unit, minimum 150 square feet Common Open Space8 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum9 5% Redline.. .. Item 11 Page 95 of 133 Ordinance No. 1293 Page 30 of 67 _______________ Table 17.24.040(A) Standards 1. Any use listed in Table 17.24.020(A) or 17.24.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered active use. Active uses shall cover at least 50% of the ground floor, excluding parking and loading areas. They shall also cover at least 50% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.24.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Setback on Santa Fe Avenue is prohibited, except on a parcel adjacent to a legacy structure. Within 100 feet of a legacy structure, the Santa Fe Avenue setback shall match the legacy structure, plus or minus 3 feet. 4. Dedication shall be required to establish a 12-foot minimum sidewalk. 5. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 6. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 7. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the require front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 8. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 9. Industrial or warehouse use classifications which are not included in Table 17.24.020(B), shall meet this requirement through a publicly-accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly-accessible open space for these uses, even if setbacks are not allowed. Redline.. .. Item 11 Page 96 of 133 Ordinance No. 1293 Page 31 of 67 _______________ Figure 17.24.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.24.040(C) Streetwall, Frontage, and Floor Height Requirements Redline.. .. Item 11 Page 97 of 133 Ordinance No. 1293 Page 32 of 67 _______________ SECTION 11. Chapter 17.25 is added to read as follows: Chapter 17.25 Santa Fe North District (MU-N ZONE) Sections: 17.25.010 Purpose and intent. 17.25.020 Use regulation. 17.25.030 Legal nonconforming uses. 17.25.040 Site planning standards. 17.25.010 Purpose and intent. A. Purpose. The Santa Fe North District is intended to connect the City Center District and City of Vernon more generally to mixed-use environment present in the Arts and Warehouse Districts in the City of Los Angeles. The district is intended to prioritize creative production, production retail and live/work uses, often in adaptive reuse of legacy industrial buildings. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-N Zone are those deemed necessary to establish an environment prioritizing creative production, production retail, and live/work uses. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-N Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.25.020 Use Regulation. A. Use Regulation. Tables 17.25.020(A) and 17.25.020(B) detail specific land uses within the MU-N zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions: Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.25.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.25.020(B) shall comply with parking, loading, Redline.. .. Item 11 Page 98 of 133 Ordinance No. 1293 Page 33 of 67 _______________ intensity and approval standards of the I zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.25.020(A). Table 17.25.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 30% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Prohibited Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See VMC Chapter 17.54 for detailed regulations Residential Care Facilities Permitted of Right Trailer Park Prohibited Emergency Shelter Permitted of Right Primary Office Uses Office Manufacturing Encouraged Media Production Studios Permitted of Right Offices Permitted of Right Redline.. .. Item 11 Page 99 of 133 Ordinance No. 1293 Page 34 of 67 _______________ Table 17.25.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Goods Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Permitted of Right Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.25.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status: 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside the T Overlay Zone. Redline.. .. Item 11 Page 100 of 133 Ordinance No. 1293 Page 35 of 67 _______________ 6. Slaughtering plants located outside the S Overlay Zone. 7. Rendering plants located outside the R Overlay Zone. 17.25.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.25.040(A) and illustrated in Figures 17.25.040(B) and 17.25.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-N Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 Incentives for Preservation Created Uses and Affordable Housing and Chapter 17.54 Mixed-Use Design Standards. Table 17.25.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 30% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 50% Height2 Maximum, first 50 feet of frontage 3 stories/45 feet Maximum, other 5 stories/65 feet Setbacks Santa Fe Avenue, minimum 0 feet3 Santa Fe Avenue, maximum 10 feet3 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum 5 feet 25th Street / 37th Street / 38th Street/ Vernon Avenue, maximum 20 feet Local Street, minimum None4 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback5, Santa Fe Avenue, minimum 60% Building Streetwall at Setback5, 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum 50% Transparancy6, Santa Fe Avenue, minimum 50% Redline.. .. Item 11 Page 101 of 133 Ordinance No. 1293 Page 36 of 67 _______________ Table 17.25.040(A) Standards Transparancy6, 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum None Transparancy6, Local Street, minimum None Open Space Open Space7 per unit, minimum 150 square feet Common Open Space8 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum9 5% 1. Any use listed in Table 17.25.020(A) or 17.25.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered an active use. Active uses shall cover at least 30% of the ground floor, excluding parking and loading areas. They shall also cover at least 30% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.25.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Within the block between 38th Street and Vernon Avenue, on the east side of Santa Fe Avenue, the Satna Fe Avenue setback shall match the setback of adjacent legacy structures, plus or minus 3 feet. 4. Dedication shall be required to establish a 12-foot minimum sidewalk. 5. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 6. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 7. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the required front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 8. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 9. Industrial or warehouse use classifications which are not included in Table 17.25.020(b), shall meet this requirement through a publicly accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly accessible open space for these uses, even if setbacks are not allowed. Redline.. .. Item 11 Page 102 of 133 Ordinance No. 1293 Page 37 of 67 _______________ Figure 17.25.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.25.040(C) Streetwall, Frontage, and Floor Height Requirements Redline.. .. Item 11 Page 103 of 133 Ordinance No. 1293 Page 38 of 67 _______________ SECTION 12. Chapter 17.26 is added to read as follows: Chapter 17.26 Pacific Hampton District (MU-PH Zone) Sections: 17.26.010 Purpose and intent. 17.26.020 Use regulation. 17.26.030 Legal nonconforming uses. 17.26.040 Site planning standards. 17.26.010 Purpose and intent. A. Purpose. The Pacific Hampton District is centered around a cluster of smaller- scale, midcentury single-story industrial buildings which are slowly being transformed into production studios, creative offices, commercial kitchens and other non-residential/non- retail uses. The standards in this maintain the low-scaled character of the district, while allowing for new flexibility in uses and accommodation of parking. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-PH Zone are those deemed necessary to establish an environment prioritizing creative industrial uses. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-PH Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.26.020 Use Regulation. A. Use Regulation. Tables 17.26.020(A) and 17.26.020(B) detail specific land uses within the MU-PH zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.26.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I Zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.26.020(B) shall comply with parking, loading, Redline.. .. Item 11 Page 104 of 133 Ordinance No. 1293 Page 39 of 67 _______________ intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050B, 17.22.050C, 17.22.080A, 17.22.080(G), and Chapter 17.56. Table 17.26.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Prohibited Hotel Prohibited Live/Work Prohibited Residential Care Facilities Prohibited Trailer Park Prohibited Emergency Shelter Permitted of Right Subject to a maximum of 40 beds Primary Office Uses Office Manufacturing Encouraged Media Production Studios Encouraged Offices Permitted of Right Redline.. .. Item 11 Page 105 of 133 Ordinance No. 1293 Page 40 of 67 _______________ Table 17.26.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Accessory or Conditional Production Retail Permitted of Right Restaurant Permitted of Right Market Prohibited Art Galleries Encouraged Nightlife Prohibited Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Permitted of Right Light Industrial Permitted of Right Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right Section 17.26.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status. 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside the T Overlay Zone. 6. Slaughtering plants located outside the S Overlay Zone. 7. Rendering plants located Outside the R Overlay Zone Redline.. .. Item 11 Page 106 of 133 Ordinance No. 1293 Page 41 of 67 _______________ Section 17.26.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.26.040(A) and illustrated in Figures 17.26.040(B) and 17.26.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-PH Zone except those uses allowed in the I (Industrial) Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. A.B. Additional Development Standards. For additional development standards see Chapter 17.53 Incentives for Preservation Creative Uses and Affordable Housing and Chapter 17.54 Mixed-Use Design Standards. Table 17.26.040(A) Standards Use Limitations Ground Floor Frontage Active Uses, minimum None Height1 Maximum, first 50 feet of frontage 2 stories/40 feet Maximum, other 3 stories/50 feet Setbacks Hampton Street minimum/maximum 0 feet3 Pacific Blvd Prevailing2 Fruitland Avenue, minimum 5 feet Fruitland Avenue, maximum 20 feet Local Street, minimum None3 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback4, Hampton Street/Pacific Avenue, minimum 60% Building Streetwall at Setback4, Fruitland Avenue, minimum 50% Transparancy5, minimum None Open Space Ground/Podium Level Open Space6, percent of lot, minimum 5% 1. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 2. The Pacific Boulevard setback shall match the setback of adjacent legacy structures, plus or minus 3 feet. 3. Dedication shall be required to establish a 12-foot minimum sidewalk. Redline.. .. Item 11 Page 107 of 133 Ordinance No. 1293 Page 42 of 67 _______________ Table 17.26.040(A) Standards 4. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 5. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 6. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the required front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. Figure 17.26.040(B) Use Limitation, Height, Streetwall, and Open Space Requirements Active Use is not shown in this illustration Redline.. .. Item 11 Page 108 of 133 Ordinance No. 1293 Page 43 of 67 _______________ Section 13. Chapter 17.53 is added to read as follows: Chapter 17.53 INCENTIVES FOR PRESERVATION, CREATIVE USES, AND AFFORDABLE HOUSING Sections: 17.53.010 Legacy Structure Preservation – Purpose and Criteria. 17.53.020 Encouraged Uses – Purpose and Criteria. 17.53.030 Available Incentives. 17.53.040 Parking Incentives for Adaptive Reuse Projects. 17.53.050 Affordable Housing Incentives. 17.53.010 Legacy Structure Preservation – Purpose. A. Purpose. The Westside of Vernon’s legacy commercial and industrial buildings are important assets which not only represent important adaptive reuse opportunities in themselves, but give character and identity to the area as a whole. As such, the retention of these legacy buildings as new development occurs is highly encouraged. The incentives in this Chapter are intended to offer property owners who elect to preserve legacy buildings with additional development capacity and flexibility in order to mitigate any economic impacts occasioned by the preservation of a building. B. Criteria. Structures which meet the following three criteria shall qualify as legacy structures: 1. constructed between 1880 and 1950 2. located within the mixed-use zoning districts; and 3. at least 10,000 square feet in gross floor area. C. Incentives. A property owner who elects to retain character-defining features of a legacy structure shall be eligible to obtain development standard incentives as described in Table 17.53.040(A) and the entirety of this Chapter. An application for any of these incentives shall demonstrate that the applicant will preserve or enhance character-defining features of the building. The determination of incentives made available through the preservation of character-defining features shall be made through the Design Review process, as described in Chapter 17.86. The entire building need not be preserved. D. Non-Historic Significance. It should be noted that the “legacy structure” classification described here is not the same as a determination of historic significance as defined by State law. At the time of adoption, the California Environmental Quality Act (CEQA) requires a historic resources study prior to demolition of any structure that is over 45 years old. Redline.. .. Item 11 Page 109 of 133 Ordinance No. 1293 Page 44 of 67 _______________ 17.53.020 Encouraged Uses – Purpose and Criteria. A. Purpose. The City of Vernon seeks to incentivize projects which combine multiple “Encouraged” uses to foment innovation through the creative collision of different users and diversify the long-term fiscal position of the City. B. Encouraged Use Criteria. Any project within the mixed-use districts which meets the following criteria is eligible to receive incentives: 1. For projects under 50,000 square feet gross floor area, at least 5% of the gross floor area in two or more Encouraged uses 2. For projects over 50,000 square feet gross floor area, at least 5% of the gross floor area in three or more Encouraged uses. The list of encouraged uses is given by district in sections 17.23.020, 17.24.020, 17.25.020 and 17.26.030. 17.53.030 Available Legacy Structure Preservation and Encouraged Use Incentives. A. Preservation and Encouraged Use Incentives. The Preservation and Encouraged Use Incentives table (Table 17.53.030(A)) lists potential relaxations/incentives to development standards given in Chapters 17.23, 17.24, 17.25, and 17.26 apply to a project which meets the criteria of Section 17.53.010(B) and 17.53.020(A). Figures 17.53.030(B), 17.53.030(C) and 17.53.030(D) illustrate an example application of height and active use frontage incentives, as well as affordable housing incentives per Section 17.53.050. B. Determination. Through the Design Review process given in Chapter 17.86, the Public Works Director will determine which incentives are appropriate to be granted in relationship to the extent of preservation of legacy structures and/or inclusion of Encouraged uses. Table 17.53.030(A) Preservation and Encouraged Use Incentives Development Standard Incentive Available? Use Limitations Minimum, Non-Residential Square Footage per Residential Unit No Percentage of Total Residential Units that must be Live /Work No Primary Street Ground Floor Active Use Requirement 1  The ground floor active use requirement may be decreased by 20%. Yes Height Maximum, first 50 feet of frontage Yes Redline.. .. Item 11 Page 110 of 133 Ordinance No. 1293 Page 45 of 67 _______________ Table 17.53.030(A) Preservation and Encouraged Use Incentives Maximum, other  Maximum heights may be exceeded, as long as the average height (in stories and feet) of all structures on the property does not exceed the general height limit of the zone.2 Yes Setbacks Minimum and maximum setback requirements  Setback requirements shall not be applied to preserved buildings. However, new freestanding buildings constructed on the same site as preserved buildings shall comply with these requirements.3 Yes Streetwall & Frontage Building Streetwall at Setback, minimum4 No Transparency, minimum  Transparency requirements shall not be applied to preserved buildings. However, all existing openeings designed for windows or doorways should be preserved as transparent openings. Also, new freestanding buildings constructed on the same site as preserved buildings shall comply with transparency requirements. Yes Open Space Open Space, per unit, minimum Yes Common Open Space, minimum Yes Ground / Podium Level Open Space, present of lot minimum  All open space requirements may be met through usable community space designed for recreational or social purposes, whether located on the interior or exterior of a building. Yes 1. The ground floor active use requirement may be eliminated entirely through a request for an exception. 2. This assumes that a lower legacy building is preserved to a significant extent, including its primary street façade, causing a lower average height. 3. Setbacks for preserved structures may be less than the minimum setback or more than the maximum setback. 4. This calculation shall apply to the frontage of the building, whether or not it meets current setback requirements. Redline.. .. Item 11 Page 111 of 133 Ordinance No. 1293 Page 46 of 67 _______________ Figure 17.53.030(B) Height and Active Use Requirement Example: Base Standards Figure 17.53.030(C) Height and Active Use Requirement Example: Standards including Legacy Structure Preservation Incentives Redline.. .. Item 11 Page 112 of 133 Ordinance No. 1293 Page 47 of 67 _______________ Figure 17.53.030(D) Height and Active Use Requirement Example: Standards including Legacy Structure Preservation Incentives and Affordable Housing Density Bonus 17.53.040 Parking Incentives for Adaptive Reuse Projects. A. Available Incentives. The following incentives are available to legacy structure preservation projects only through the Design Review process: 1. On-street parking stalls along Santa Fe Avenue or Pacific Boulevard (streets where it does not exist today) that are located less than a five-minute walk (1/4 mile) from the main entrance to the development may be counted toward nonresidential parking requirements. 2. Tandem parking is permitted, subject to approval of management conditions by the Public Works Director. B. Preserving Entire Footprint of Legacy Building. Projects which wish to preserve the entire footprint of a legacy building and cannot accommodate parking needs even with the incentives provided above may request an exception (Section 17.12.030) or variance (Chapter 17.68). C. Additional Flexibility Provisions. Preservation projects may also apply flexibility provisions, such as shared parking, off-site parking, and use of vertical stackers. See Chapter 17.57 for detailed standards. Redline.. .. Item 11 Page 113 of 133 Ordinance No. 1293 Page 48 of 67 _______________ 17.53.050 Affordable Housing Incentives. A. Affordable Housing. Density bonuses, waivers and concessions are available to developers who provide on-site affordable housing or donate land for the purposes of housing per Chapter 17.92. Within mixed-use district areas which do not explicitly calculate the permitted density, applicants may calculate the “density bonus” granted by Chapter 17.92 in one of two ways: 1. Any project which is at least 50% residential by gross floor area may increase the height limit as of right, in Table 17.53.060(A): Table 17.53.060(A) Height Density Bonus Maximum Height, first 50 feet of frontage Maximum Height, other 5% VLI, 10% LI or 20% MI1 None +1 story / 12 feet 12% VLI, 20% LI or 35% MI1 +2 stories / 24 feet 1. VLI = Very Low Income, LI = Low Income, MI = Moderate Income as defined in Health and Safety Code Section 50079.5 2. The applicant may submit a density study to establish the base density upon which the bonus shall be applied. A density study is a set of schematic plans that include a building massing, building section and floor plans that complies with all relevant zoning and building code standards. Residential unit size and mix and non- residential uses on-site shall be the same as in the proposed project. Section 14. Chapter 17.54 is added to read as follows: Chapter 17.54 Mixed-Use District Design Standards and Guidelines Sections: 17.54.010 Purpose. 17.54.020 Building Orientation and Relationship to Context. 17.54.030 Site Planning. 17.54.040 Setbacks and Projections. 17.54.050 Buffering and Orientation. 17.54.060 Exterior Lighting. 17.54.070 Outdoor Service, Storage and Loading. 17.54.080 Building and Performance Requirements. 17.54.090 Disclosure and Legal Requirements. 17.54.100 Live/Work Standards and Guidelines. 17.54.110 Ground Floor Frontages. 17.54.120 Industrial Character Guidelines Redline.. .. Item 11 Page 114 of 133 Ordinance No. 1293 Page 49 of 67 _______________ 17.54.010 Purpose. A. The City has a vested interest in ensuring that all development is compatible with the industrial nature of the City and the pedestrian-friendly, hybrid industrial nature of its mixed-use districts. In addition to the mandatory standards of this Title, the City implements Design Review (Chapter 17.86) to ensure that development achieves these aims. The standards and guidelines of this Chapter are a resource for Design Review. As described in Section 17.86.020(B), Design Review will evaluate strict compliance with mandatory standards in this Chapter. Design Review will also evaluate substantial compliance with guidelines in this Chapter which are expressed with non-mandatory language, determining which guidelines are applicable to a particular project. B. Applicability. These design standards and guidelines shall apply to all projects within Mixed Use zones which are subject to Design Review as described in Chapter 17.86 17.54.020 Building Orientation and Relationship to Context. A. Orientation and Context. All buildings within mixed-use districts should be oriented and designed to promote pedestrian activity, comfort and safety. At the same time, buildings which include residential or live/work uses should be designed to minimize conflicts between these uses and on-site or neighboring uses which cause noise, odors, vibrations or contaminants. Implementation of this principle, and adherence to the standards below, is important to protect not only residents, but also neighboring businesses in Vernon, so that they can continue activities unimpeded over the long term. 17.54.030 Site Planning. A. Location and Uses. Commercial uses, lobbies and other public-facing uses should be located on the primary street, with a direct entry from the sidewalk. For corner properties, these uses should prioritize access and orientation to Santa Fe Avenue, or in the MU-PH district, Hampton Street and Pacific Boulevard. Residential uses should principally be located above or behind the primary street ground floor frontage. Industrial uses may be located in a variety of locations, but it is encouraged that customer-facing areas of industrial uses, such as offices and showrooms, be located on the primary street. B. Vehicular Access. Vehicular access (loading and parking) should be provided from rear alleys or side streets. If individual site conditions necessitate vehicular access from Santa Fe Avenue, or in the MU-PH district, Hampton Street or Pacific Boulevard, vehicular access points should be limited to one per property and be located in accordance with Section 17.56.060(L). C. Scale and Rhythm. If the project is located in an area with a recognizable development pattern, it should respect the scale and rhythm of the area, as illustrated in Figure 17.54.030(A). Projects which are larger than the current development pattern can Redline.. .. Item 11 Page 115 of 133 Ordinance No. 1293 Page 50 of 67 _______________ include features such as step-down adjacent to lower-scaled uses and establishing building modules which are of a similar scale to the existing development. D. Residential Uses and Truck Loading. Residential uses (included multi-family dwelling uses, Hotel uses, Live/Work uses, and Residential Care Facilities uses) shall be located a minimum of 200 feet from any exposed loading dock demonstrated to have a minimum of 10 daily heavy truck trips. If the implementation of this requirement precludes the applicant’s ability to develop residential on the site, residential uses may be constructed within 200 feet of the exposed loading dock provided that guidelines in Section 17.54.050 (Buffering and Orientation) are applied to the fullest extent possible. E. Truck Access. New non-industrial development on a property which is adjacent to an existing industrial property shall not restrict their ability to access their truck docks and parking facilities and to ship goods into and out of their property in a like manner to that in use prior to the new development on the neighboring property. F. Ground Floor Residential Uses. Ground-floor residential uses shall be limited to live/work uses that permit walk-in trade. The amount of ground-floor frontage permitted to be such uses is limited by the Primary Street Ground Floor Active Use regulations. Redline.. .. Item 11 Page 116 of 133 Ordinance No. 1293 Page 51 of 67 _______________ Figure 17.54.030(A) New development reflecting existing rhythm of building and open space/access from the street. 17.54.040 Setbacks and Projections. A. Upper Floor Uses. Upper floor uses, including residential and office uses, should incorporate setbacks and/or appropriate window orientation to ensure access to light and privacy. At minimum, upper floors of buildings shall comply with the fire separation requirements of California Building Code Table R.302.1.1 (unsprinklered buildings) or R.302.1 (sprinklered buildings). B. Balconies. Balconies shall not project into the public right-of-way. Redline.. .. Item 11 Page 117 of 133 Ordinance No. 1293 Page 52 of 67 _______________ 17.54.050 Buffering and Orientation. Figure 17.54.050 Buffering and Orientation Guidelines Adjacent to Heavy Industrial Uses A. Residential Uses and Heavy Industrial Uses. Residential uses shall be separated from any adjacent heavy industrial uses (all industrial uses not included in Section 17.23.020, 17.24.020, 17.25.020, and 17.26.020) located outside a mixed-use zoning district with acoustic and visual buffers. Unless the applicant can demonstrate that a different strategy will be similarly effective, the buffer shall consist of a minimum six-foot high wall constructed of solid masonry and partially or fully covered with hedges, ivy, bamboo or other similar softening material, and a minimum five-foot wide screen landscaping strip consisting of evergreen trees or an evergreen trellis structure of at least six feet in height. B. Residential Orientation Away from Industrial Uses. Habitable residential spaces and windows should be oriented away from adjacent industrial uses to the greatest extent possible. C. Open Space Orientation Away from Industrial Uses. Open spaces should be oriented away from adjacent industrial uses. Should they be constructed in an area which is open to adjacent industrial properties, screening should be used to lessen the impacts of industrial activities on the residential properties. 17.54.060 Exterior Lighting A. Security and Visibility. Every project should have adequate lighting to provide for security and visibility, particularly along walkways and driveways, entrances to parking areas, and open space areas. Redline.. .. Item 11 Page 118 of 133 Ordinance No. 1293 Page 53 of 67 _______________ B. Impact on Neighboring Properties. Site, parking lot and building security lighting should not impact surrounding or neighboring properties. The type and location of such lighting shall preclude direct glare onto adjoining property, streets, or skyward, and should not adversely impact residential units within a development. 17.54.070 Outdoor Service, Storage and Loading A. Screening and Concealing. Outdoor storage areas, loading docks, mechanical equipment and trash enclosures shall not be visible from Santa Fe Avenue, Pacific Boulevard, Vernon Avenue or Hampton Street and shall be concealed or screened with a combination of building features, decorative walls and landscaping consistent with the architectural style of the building. Operational equipment for on-site businesses shall also be screened. B. Loading Docks. Any loading dock designed for use of trucks/trailers with four or more axles shall be screened from Santa Fe Avenue, Pacific Boulevard, Vernon Avenue or Hampton Street by a building. Docks should be located toward the rear of such properties. C. These standards apply in addition to the standards in Section 17.22.070(A)(3). 17.54.080 Building and Performance Requirements A. Acoustic Separation. All interior spaces shall be sufficiently acoustically separated from other on- and off-site uses, as required by the CBC and other regulations. B. Air Filtering. All regularly occupied areas of mechanically ventilated buildings shall be equipped with air filtration media for outside and return air that provides a Minimum Efficiency Reporting Value (MERV) of 13. 17.54.090 Disclosure and Legal Requirements A. Statement of Acknowledgement. Applicants for any development containing residential or office uses must sign a statement acknowledging that individuals choosing to live and/or work in an active, mixed-use community are willing to accept a greater mix and closer proximity of surrounding land uses, and the rights of neighboring businesses to continue their legal business activities without undue interference must be preserved. B. Statement of Disclosure. A statement of disclosure shall be provided in all leases and condominium documents in which the lessee or buyer acknowledges the following: (1) That the facility is located in an industrial area in which annoyances or inconveniences associated with proximity to industrial uses such as odors, truck traffic, vibrations, noise and other neighborhood impacts are likely to be present to a greater degree and at different hours of the day than in other residential or commercial areas of the city, (2) Individual sensitivities to those annoyances may vary from person to person and lessee Redline.. .. Item 11 Page 119 of 133 Ordinance No. 1293 Page 54 of 67 _______________ or buyer should consider which industrial annoyances are associated with the property and whether they are acceptable to him or her, and (3) The mix of business and industrial activities may vary as the area evolves and there is no guarantee that the land uses currently existing in immediate proximity to this development will remain unchanged into the future. Lessee or buyer acknowledges that land uses may change or expand as permitted by the City’s Zoning Ordinance and businesses are free to change the nature of their operations at any time in a manner consistent with applicable governing regulations. 17.54.100 Live/Work Standards and Guidelines. A. Purpose. As described in Tables 17.23.020(A), 17.24.020(A), 17.25.020(A) and 17.26.020(A), larger residential projects are required to have a live/work component. Other projects will be fully live/work. The reasons to provide live/work units include: 1. Provide spaces which are apt for small-scale industrial and creative production, at a lower price than paying for separate living and working units, in order to stimulate entrepreneurship and the vitality of the Vernon productive economy. 2. Provide appropriate transitions between industrial uses and high-volume streets, and residential units. 3. Orient the overall character and identity of new residential projects toward productive uses, and establish appropriate expectations on the part of future residents that they will reside in an industrial mixed-use environment. 4. Accommodate the growing demand for work from home. B. Permitted Uses. Permitted uses within a live/work unit shall depend on the type of live/work unit as described below. No property owner or homeowners’ association may restrict permissible uses beyond these categories, except for artist live/work space, and restrictions which can be demonstrated to be necessary for the health and safety of the residents. 1. Within Undivided Unit. Within the same undivided environment as a living space, artisan industrial, office, and personal services are permitted uses. Medical offices and personal service uses are assumed to accommodate walk-in trade and shall be located along the first floor, primary street frontage or have a clearly marked entrance with a visible sign from the primary street through a publicly accessible open space. 2. Permitted Use with Separable Space. The following uses are permitted within a separable space from the living area, or within a different unit than the living space in the same building or on the same property: any office use, any commercial use, any light industrial use. D. Hazardous Occupancies. Hazardous occupancies shall be restricted by the requirements of the California Building Code. Redline.. .. Item 11 Page 120 of 133 Ordinance No. 1293 Page 55 of 67 _______________ E. Loading Docks. A minimum of one loading dock shall be provided for projects of over 10,000 square feet. Loading docks shall comply with the standards of Chapter 17.57. F. Unit Design Standards. Each live/work unit shall comply with the following design standards: 1. Size of Live/Work Unit. Every live/work unit shall have a defined area of no less than 200 square feet which is built and designed for productive work. 2. Productive Work Area. Productive work areas shall have a height of at least 10 feet floor to ceiling, shall be open and unimpeded by walls, and should be constructed of resilient materials that can support for productive uses. For example, appropriate flooring materials include concrete and hardwoods, and inappropriate flooring materials include linoleum. 3. Maximum Size of Live/Work Unit. The maximum size of a live/work unit shall be 3,000 square feet. 4. Work Areas in Adjacent Units. Work areas in adjacent units should be located next to each other. If a living space must be located near a work area of an adjacent unit, additional sound separation should be provided. 5. Residential Project Located along Streets without Trucking Restrictions. If a residential project is located along streets which do not have restrictions on trucking at the time of entitlement, the upper-floor street frontage should be occupied with work areas of live/work units. G. Ground Floor Live/Work Spaces. Ground-floor live/work spaces should be designed in a special manner, which emphasizes the “work” component of live/work, and engages the public in the pedestrian realm. Due to active use frontage requirements, ground-floor live/work units will exist adjacent to commercial or light industrial uses and should be designed for small businesses with employees and walk-in clientele. 1. Separate Living and Working Spaces. In new construction buildings, ground-floor live/work units shall have separate spaces and entrances for the living and working spaces. Living spaces may be located on upper floors of the building. 2. Minimum Work Area. A minimum of 350 square feet of work area shall be provided, and it shall be located on the ground floor. This work area shall have a height of at least 14 feet floor to ceiling and comply with all other requirements of 17.54.100(F). 3. Business License. An active business license with the City of Vernon shall be required to occupy a ground-floor live/work unit. 4. Detached Living and Working Spaces. Living and working spaces may be detached from each other. 17.54.110 Ground Floor Frontage Standards. A. Ground Floor Frontage Standards. Building frontages, particularly ground floors, should be designed to accentuate the walkability of Santa Fe Avenue as Vernon’s historic Redline.. .. Item 11 Page 121 of 133 Ordinance No. 1293 Page 56 of 67 _______________ main street. The regulations given here are intended to ensure that ground-floor spaces are economically and physically viable, and contribute to the pedestrian environment with active uses. B. Minimum Streetwall. Ground-floors along primary streets shall incorporate a minimum streetwall at the building frontage, active use percentage, and minimum transparency as given in Tables 17.23.040(A), 17.24.040(A), 17.25.040(A), and 17.26.040(A). Portions of building elevations may be set back to allow for outdoor use, such as patio dining, public art or entry forecourts, and can still count toward the requirement for minimum streetwall at the building frontage. Parking, however, should never be placed in the front of the building. C. Main Entrance Location. Main entrances shall be emphasized and oriented to the sidewalk or sidewalk-accessible open space. D. Setback along Santa Fe Avenue. Setbacks may vary within the permitted range of minimum to maximum setback, as illustrated in Figure 17.54.140. Any setback area provided along Santa Fe Avenue shall be hardscaped and allow for public access unless used for outdoor dining. Any landscaping must be located in a planter. E. New Construction. For all new construction, ground-floor spaces shall have a floor- to-floor height of 18 feet minimum in order to ensure viability for retail or light industrial uses. F. Primary Street Frontage. Ground-floor live/work units shall have a minimum length of 25 feet along the primary street frontage. G. Awnings. Awnings are permitted to project up to six feet into the public right-of- way, provided that they are permitted by any other regulatory requirements such as utility pole clearances. H. Sidewalk Dining. Sidewalk dining is permitted within the MU-CC and MU-S zones with an Encroachment Permit. A minimum unobstructed sidewalk travel path of 6 feet, or 12 feet in front of City Hall, must be left at all times. I. Outdoor Dining. Outdoor dining is allowed on private property, including rooftops and private patios without limitation. If outdoor dining is located on private property at the building frontage, the maximum front setback may be exceeded in order to accommodate the outdoor dining area. Redline.. .. Item 11 Page 122 of 133 Ordinance No. 1293 Page 57 of 67 _______________ Figure 17.54.140 Frontages can vary while still retaining unified setback. 17.54.120 Industrial Character Guidelines. A. Purpose and General Approach. Industrial Character Guidelines are intended to help retain the architectural character of existing buildings as defined by their initial use and historic context at their period of greatest significance. This can be achieved through implementing a combination of strategies such as: maintaining original character defining features, structural elements, including reinforced concrete and open truss roofs, materials such as brick, concrete, and steel, windows and doors, etc. These strategies can be paired with the thoughtful addition and integration of new elements necessary to accommodate proposed uses and assure the activation and continuous utilization of the building. Developments are encouraged to adapt existing buildings by retaining certain key features and elements in a way that celebrates the history of the structures, while incorporating new elements into a single, coherent design that ultimately allows for a greater range of usability. Elements to be maintained will need to be submitted, reviewed, and confirmed through the Design Review process. B. Materiality and Architectural Style. New, ground-up construction should also incorporate the language of industrial structures, including use of exposed brick, concrete and steel, flat roofs and use of scale appropriate to the legacy industrial structures in the immediate area. Use of traditional residential or main street commercial architectural styles, such as Spanish or English Colonial, are discouraged in favor of more modern, contemporary styles. Redline.. .. Item 11 Page 123 of 133 Ordinance No. 1293 Page 58 of 67 _______________ C. Murals. Murals are an important part of Vernon’s and Los Angeles’ industrial fabric. New murals are encouraged within the mixed-use districts and are subject to approval through the Design Review process. 17.54.160 On-Site Open Space and Sustainability Guidelines. A. Purpose. Vernon is a non-traditional setting for certain uses, particularly residential. Open space in the Westside context is important to provide places for interaction, enjoyment of natural features (the air, soil, plants, etc.), and recreation for the population most likely to move into this type of mixed-use environment. B. Open Space Regulations. All development is subject to the open space regulations given in Chapters 17.23, 17.24, 17.25, and 17.26, except as modified by the incentives of Chapter 17.54. C. Common Open Space. Common open spaces should be designed and provide amenities to promote interaction between residents. They should be located along the most common paths of travel between primary entries and private units or spaces. Common open spaces may be open to the public. D. Large Projects. Larger projects should incorporate public open spaces such as plazas, courtyards and paseos which provide access to or augment public-serving on- site uses, especially on-site uses which may be located in the rear of properties. E. Residential Projects. Residential projects should incorporate recreational amenities appropriate to the side of the project and the intended population: for example, pools and large recreation rooms for larger projects, and barbeque areas for smaller projects. F. Low-Impact Development Requirements. Projects shall satisfy all applicable low- impact development requirements. Accommodation of low-impact development requirements in a joint fashion among neighboring property owners is encouraged. An in- lieu fee may be charged to fund district-scale stormwater measures, such as stormwater BMPs along Santa Fe Avenue or in greenways. G. Sustainability. Green roofs are highly encouraged in tandem with open spaces at the ground or podium level. Sustainable values of green roofs include stormwater collection, building insulation and urban heat island reduction. Stormwater drainage can be captured and harvested for re-use in landscaped areas through low-flow drainage systems. Redline.. .. Item 11 Page 124 of 133 Ordinance No. 1293 Page 59 of 67 _______________ SECTION 15. Chapter 17.57 is added to read as follows: Chapter 17.57 Vehicle Parking Standards for Mixed-Use Zones Sections: 17.57.010 Purpose. 17.57.020 Spaces Required for Uses. 17.57.030 Shared Parking. 17.57.040 Off-Site Parking. 17.57.050 Structured Parking, Parking Lifts, and Tandem Parking. 17.57.060 Special Vehicles. 17.57.010 Purpose and Applicability. A. Purpose and Relationship to Citywide Standards. The requirements and additional provisions of this chapter shall modify the requirements of Chapter 17.56 for development within mixed-use zones. The purpose of these additional provisions is to maximize the efficiency of parking and reduce barriers to development while accommodating true, habitual needs for temporary vehicle storage. B. Heavy Industrial Uses Excepted. These standards shall not apply to use industrial use categories not included in sections 17.23.020, 17.24.020, 17.25.020, and 17.26.020. Conformance to all standards of Chapter 17.56 is required for these uses. 17.57.020 Spaces Required for Uses. A. Minimum Parking Requirements. Tables 17.57.020(A) and 17.57.020(B) give the required number of spaces for each use type described in this Chapter. The following standards shall apply to increase flexibility and sustainability in meeting parking needs. Table 17.57.020(A) Spaces Required for Residential and Office Uses Land Use Spaces Required Primarily Residential Uses Single-Family Dwelling N/A Multi-Family Dwelling General: 1 Space / DU1 Covenanted Affordable2: 0.5 spaces / DU Supportive Housing: None Hotel 0.7 per unit / key Live/Work 1 Space / DU3 Caretaker Residential None Residential Care Facilities 0.25 per bed Trailer Park N/A Emergency Shelter None Redline.. .. Item 11 Page 125 of 133 Ordinance No. 1293 Page 60 of 67 _______________ Primarily Office Uses Office Manufacturing 1 Space / KSF4 Media Production Studios 1 Space / KSF Offices, General 1.6 Spaces / KSF Offices, Medical 2.9 Spaces / KSF 1. DU = dwelling unit 2. Covenanted to lower-income households as defined in Health and Safety Code Section 500.79.5 3. Requirement includes parking requirement for any commercial or industrial activities located within the unit. 4. KSF = 1,000 square feet of gross floor area Table 17.57.020(B) Spaces Required for Retail, Industrial, and Institutional Uses Land Use Spaces Required Primarily Retail Uses Good Sales 1.7 Spaces / KSF Production Retail 0.7 Spaces / KSF Restaurant 5.0 Spaces / KSF Market 1.9 Spaces / KSF Art Galleries 0.7 Spaces / KSF Nightlife 5.0 Spaces / KSF Personal Services 3.0 Spaces / KSF Big Box Retail Parking study required Drive-Through Retail Requirement of underlying use Adult or Sexually Oriented Businesses 5.0 Spaces / KSF Primarily Production / Industrial Uses Artisan Industrial 0.7 Spaces / KSF Light Industrial 0.6 Spaces / KSF Data Center 1.0 Spaces / KSF Primarily Civic / Institutional Uses Community Facilities 1.0 Spaces / KSF Trade School 0.3 per anticipated student Religious Use 0.2 per seat or 5.0 Spaces / KSF, whichever is less Redline.. .. Item 11 Page 126 of 133 Ordinance No. 1293 Page 61 of 67 _______________ 17.57.040 Shared Parking. A. Shared Parking. New development with a mix of uses in a building, on a lot, or an adaptive reuse of an existing structure may account for shared parking between uses on site or at proximate facilities (within the maximum distance specified in 17.57.050(A)) with unutilized supply. When the Director of Public Works determines that the peak parking demand for a project may be met by a number of parking spaces less than required, he or she may grant a reduction of the total number of parking spaces by up to 50 percent, provided that the applicant provide a parking study from a professional engineer (PE) or traffic engineer (TE) based on a survey of at least three similar projects. 17.57.050 Off-Site Parking. A. Parking for Nonresidential Uses. Parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served, provided the parking shall be within 500 feet of the use served. Said distance shall be measured along public walkways from the nearest lot line of the lot on which the uses are located to the nearest lot line of the lot on which the required parking is located. B. Joint Use of Offstreet Parking. Property owners involved in the joint use of offstreet parking facilities shall submit an agreement for such joint use by a proper legal instrument approved by the Public Works Director as to form and content. Such instrument shall be submitted with the entitlement application. Such instrument, when approved as conforming to the provisions of this Section, shall be recorded in the office of the County Recorder, and copies of said recorded documents filed with the Public Works Department prior to issuance of a building permit. 17.57.060 Structured Parking, Parking Lifts, and Tandem Parking. A. Location of Parking. Parking may be located on the surface, or in an underground, podium or detached structure. Parking aisles in any type of structure need only comply with minimum heights specified by the California Building Code. The minimum height required in VMC Table 17.56.060(K) shall not apply. B. Parking Lifts. Residential and employee parking spaces may make use of any type of parking lift that allows for motorists to retrieve a vehicle without having to have person from a different household move their vehicle first. Parking spaces not restricted to residential or employee use may make use of any type of parking lifts provided that the lift is operated by a contracted parking management/valet vendor that has been certified by the City. C. Tandem Parking. Tandem parking is only permitted between parking spaces belonging to the same unit. Both tandem spaces shall be a minimum of 22 feet long. Redline.. .. Item 11 Page 127 of 133 Ordinance No. 1293 Page 62 of 67 _______________ 17.57.070 Special Vehicles. A. Truck Parking. Except for industrial and warehousing use classes which are not listed in Sections 17.23.020, 17.24.020, 17.25.020, and 17.26.020, truck parking which conforms to Section 17.56.060(D) is not required. However, all projects above 10,000 square feet shall include a loading dock suitable for use of a single-unit truck (SU-9). B. Charging Stations. A Level 2 vehicle charging station shall be provided for a minimum of six percent (6%) of the total number of vehicle parking spaces provided. C. Parking for Scooters, Mopeds, Motorcycles. Designated stalls for scooters, mopeds and motorcycles with a minimum dimension of 5’ x 8’ may count toward up to 5% of the minimum parking requirement. SECTION 16. Chapter 17.86 is added to read as follows: Chapter 17.86 Design Review Sections: 17.86.010 Purpose. 17.86.020 Authority and scope. 17.86.030 Applicability. 17.86.040 Determination, action of the Director. 17.86.050 Finding and decision. 17.86.060 Appeal 17.86.010 Purpose. A. Purpose. The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Design Review. 17.86.020 Authority and scope. A. Authority. The Director shall have the authority, subject to the provisions of the title, to grant a Design Review Permit whenever the Director finds the granting of a Design Review Permit is consistent with the requirements, intent and purpose of this title. The purpose of design review is, to implement urban design goals, policies, development standards, and design guidelines within priority areas of the City. Design Review is intended to ensure that the design of new construction and additions is contextual and supports design excellence in Vernon. Among the key functions of Design Review is to determine the appropriate character-defining features of legacy buildings and incentives that can be applied to projects on legacy building sites. Redline.. .. Item 11 Page 128 of 133 Ordinance No. 1293 Page 63 of 67 _______________ B. Standards and Guidelines. Design Review will evaluate strict compliance with mandatory standards in this Code. Design Review will also evaluate substantial compliance with guidelines in this Code which are expressed with non-mandatory language, determining which guidelines are applicable to a particular project. The standard conditions imposed upon approval of an application during Design Review will not be more restrictive than those prescribed by applicable zoning district regulations or other applicable entitlements procedures. Section 17.86.030 Applicability. A. Applicability. This review process applies to any new construction projects within the Mixed Use Zones (MU-CC, MU-S, MU-N, MU-PH) or any change of use project which does not replace the existing features “in kind”. To be considered “replacement in kind,” the features must reasonably match the design, profile, material, and general appearance of the originals. Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features do not require Design Review. Revised plans of the change shall be filed with Public Works. Single-family residential projects and accessory dwelling units are not subject to Design Review. Section 17.86.040 Determination, action of the Director. A. Public Works Director Authority. The Public Works Director will conduct Design Review and make decisions to approve the application or impose conditions upon the approval of the application, including the granting of any preservation incentive. The Public Works Director may refer any such project for a public hearing before the City Council to receive comment on the project’s design, but not to approve or deny the project, if the Director determines it has special significance. 17.86.050. Finding and decision. A. Findings. In acting to approve or conditionally approve an application for the Design Review, the Public Works Director shall make the following findings: 1. That the project is consistent with the applicable development standards of the Vision and any design guidelines of this Vision as deemed applicable to the project by the Public Works Director. 2. That the project implements applicable goals and policies of the Vernon General Plan, as deemed applicable by the Public Works Director. 3. That any development incentive granted is appropriate in order to preserve the character defining features of a legacy structure and/or accommodate multiple encouraged uses. Redline.. .. Item 11 Page 129 of 133 Ordinance No. 1293 Page 64 of 67 _______________ Section 17.86.060 Appeal. A. Appeal Process. Following the City Clerk’s receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 calendar days nor more than 60 calendar days from the City Clerk’s receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040, “Notice of public hearing.” The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant’s claim. The City Clerk shall mail a copy of the City Council’s decision by certified mail to the appellant and all other persons who received notice of the original hearing, and to any other person requesting the same, within five business days after the adoption thereof. The Council’s decision shall be final and conclusive. SECTION 17. Chapter 17.101 is added to read as follows: Chapter 17.101 Trip Reduction and Travel Demand Standards for Mixed-Use Zones. Sections: 17.101.010 Information and Administration. 17.101.020 Site Design. 17.101.030 Parking. 17.101.040 Bicycle Parking. 17.101.050 Additional Trip Reduction and Travel Demand Measures. 17.101.060 Monitoring and reporting by City. 17.101.010 Information and Administration. A. Trip Reduction and Travel Demand Coordinator Required. For residential projects exceeding 10 units and office uses exceeding 10,000 square feet, the property owner shall designate a Trip Reduction and Travel Demand coordinator to provide documentation of implemented Trip Reduction and Travel Demand measures prior to issuance of a Certificate of Occupancy. B. Trip Reduction and Travel Demand Coordinator Responsibility. Trip Reduction and Travel Demand coordinators shall provide informational materials to all tenants advising on options for accessing the project site and details on any transportation benefits offered. Welcome packets should identify options for transit routes, bicycle routes, mobility hubs and carpool options for all new residents and employees. Redline.. .. Item 11 Page 130 of 133 Ordinance No. 1293 Page 65 of 67 _______________ 17.101.020 Site Design Standards. A. Design to Encourage Walking and Biking. New development shall be designed with safe and visible access points for all modes to encourage walking and building a biking to and between sites. Pedestrian pathways shall be provided from the primary street to all buildings on the site. Physical barriers that impede circulation shall not be erected. B. New Development Greater than One Acre. New development greater than one acre in size shall provide multimodal wayfinding signage at key locations internally and externally that directs employees, residents, tenants, and visitors to bicycle parking and amenities, transit services, shared micromobility and mobility hubs, car share parking, and pick-up/drop-off zones, as appropriate. 17.101.030 Parking. A. Projects over 100,000 Square Feet. Projects over 100,000 square feet should designate at least one parking space for a carshare vehicle to provide on-demand access to a vehicle without need for car ownership. B. Unbundled Parking. On-site parking for new development shall be “unbundled” – detaching the cost of reserved parking spaces from tenant leases for the life of the project. Unbundled spaces should be leased or sold separately so that tenants/residents have the option of renting a space at its true cost. 17.101.040 Bicycle Parking. Table 17.101.040 Bicycle Parking Requirements Use Bicycle Spaces Required Residential 0.5 / unit Office 1 per KSF Retail 1 per KSF Restaurant and Entertainment 3 per KSF Industrial 1 per KSF Civic or Institutional 1 per KSF A. Bicycle Parking. Covered and secure short-term bicycle parking shall be provided to meet the needs of shoppers or visitors for a couple of hours at a time. New multi- family residential and office uses shall provide options for long-term bicycle storage, such as bike lockers or bike cages, with a form of access control such as keys or smart cards. Redline.. .. Item 11 Page 131 of 133 Ordinance No. 1293 Page 66 of 67 _______________ 17.101.050 Additional Trip Reduction and Travel Demand Measures. A. Public Works Director Authority. The Public Works Director may approve an application to reduce parking requirements by up to 15 percent if the applicant conducts a parking study from a professional engineer (PE) or traffic engineer (TE) demonstrating that Trip Reduction and Travel Demand Measures beyond those required by this Chapter, such as the Optional measures in Table 17.101.050 (Source: California Air Pollution Control Officers Association (CAPCOA)), will be effective in reducing on-site parking demand. Table 17.101.050 Trip Reduction from Trip Reduction and Travel Demand Measures TDM Measure Potential Trip Reduction Required Unbundle Parking 2.6 – 13.0% TDM Marketing and Information 0.8 – 4.0% Carshare Parking 0.4 – 0.7% Optional Transit Subsidy 0.3 – 20.0% Shared Micromobility Subsidy (Bikeshare / Scooters) 1.0 – 2.0% Employee Housing with Worker Shuttle Case-by-case 17.101.060 Monitoring and reporting by City. A. Monitoring by City. The City shall monitor the implementation of the measures set forth in this chapter. The monitoring methods may include any or all of the following: 1. Site inspections made before issuance of a Building Permit, and randomly thereafter. B. Reporting by City. 1. For all development subject to the requirements of the California Environmental Quality Act, each of the following shall be deemed to be a “responsible agency” as that term is defined in Section 21069 of the Public Resources Code of the State of California: a. The enforcement agency. b. Any transit agency which provides service to the City and which submits a written request to be given notice or which the enforcement agency designates in writing to be given notice. Redline.. .. Item 11 Page 132 of 133 Ordinance No. 1293 Page 67 of 67 _______________ SECTION 18. Chapter 17.116.030 is amended to read as follows: 17.116.030 Presumption of general incompatibility with existing industrial uses. In light of the City’s existing businesses and heavily industrial nature, there shall be a presumption that fitness and recreational facilities are generally incompatible with existing uses and properties within the I Zone. The burden shall be on the applicant to show that its proposed use and location are compatible with surrounding uses and properties. SECTION 19. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 20. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 21. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 22. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED _____, August 1, 2023. _____________________ CRYSTAL LARIOS, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney Redline.. .. Item 11 Page 133 of 133