Ordinance No. 9591
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ORDINANCE NO. 959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA 1959 BY AMENDING SECTION 13 OF
APPENDIX IV OF SAID CODE AND ADDING SUBSECTIONS
(c), (d), AND (e) TO SECTION 18A.2 OF CHAPTER
18A OF SAID CODE TO PROVIDE FOR THE ESTABLISHMENT
OF CONDITIONAL USE PERMIT PROCEDURES FOR
FREIGHTING OR TRUCKING TERMINALS, HAZARDOUS
WASTE TREATMENT FACILITIES, AND TRASH TO ENERGY
FACILITIES AND REPEALING ANY ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH
WHEREAS, no special regulations have been established
for the regulation of freighting or trucking terminals within
the City of Vernon in the past; and
WHEREAS, no special regulations have been established
for the establishment and regulation of hazardous waste
treatment facilities within the City of Vernon in the east; and
WHEREAS, no special regulations have been established
for the regulation of trash to energy facilities within the
City of Vernon in the past; and
WHEREAS, the approval and establishment of freighting
or trucking terminal facilities and trash to energy facilities
as compared to other industrial or commercial facilities present
unique traffic problems and risk to the general health, safety
and welfare of the community; and
WHEREAS, the establishment of hazardous waste treatment
facilities present unique risk to the general health, safety
and welfare of the community; and
WHEREAS, the City, of Vernon's administrative staff and
the affected departments have recommended that a conditional use
permit procedure be utilized which provides for the establishment
and regulation of freighting or trucking terminal facilities,
hazardous waste treatment facilities and trash to energy
facilities within the City of Vernon.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained herein -
above are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby amends Section 13 of Appendix IV of the Code of the City
of Vernon, California 1959 to read as follows:
Section 13. M zone.
In the M zone, the following regulations shall apply:
Permitted uses. In the M zone, no lot, building or
structure shall be used, erected, structurally altered or
enlarged except for business, commerce, industrial or residential
dwelling unit uses except that public storage facilities which
are used for mini warehouse, trash to energy facilities,
freighting or trucking terminal facilities, and hazardous waste
treatment facilities are permitted subject to conditional use
permits; provided, however, that no lot, building or structure
in the M zone shall be used, erected, structurally altered or
enlarged for any use specifically permitted in the MS 1, MS 2,
MS 3 or MS 4 zones or for any other use specifically prohibited
by this ordinance.
SECTION 3: The City Council of the City of Vernon
hereby adds subsections (c), (d) and (e) to Section 18A.2 of
Chapter 18A of the Code of the City of Vernon, California 1959
to read as follows:
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(c) Freighting or trucking terminal facilities.
The standards for the granting of a conditional use
permit are as follows:
(1) That the site proposed for use is adequate in
size, shape and topography, including drainage and landscaping;
and
(2) That the site proposed for use has sufficient
access to streets which are adequate in width and pavement type,
to carry the quantity and quality of traffic generated by the
proposed use; and
(3) That necessary improvements be made to the
street system to safely carry the anticipated increased traffic;
and
(4) That the proposed use will not unreasonably
interfere with the use, possession and enjoyment of surrounding
and adjacent properties; and
(5) That the proposed use will be compatible with
permitted uses of surrounding and adjacent properties; and
(6) That the use shall, as to location, operation
and design, be consistent with the general plan and applicable
specific plan and the zoning regulations of the City of Vernon.
(d) Hazardous waste treatment facilities.
(1) Definitions:
Hazardous Waste Treatment Facilities. Means
all contiguous land, structures, other appurtenances and
improvements on the land, used for handling, processing, treating,
storing or disposing of hazardous waste. Any facility incidental
to a manufacturing operation shall be exempt.
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Hazardous Waste. Means a waste, or
combination of wastes, which because of its quantity, concentra-
tion, or physical, chemical or infectious characteristics may
either (i) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapaci-
tating reversible illness, or (ii) pose a substantial present or
potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of, or
otherwise managed.
Treatment. Means any method, technique or
process, including neutralization, designed to change the
physical, chemical or biological character or composition of
any hazardous waste so as to neutralize such waste, or so as to
recover energy or material resources from the waste, or so as to
render such waste nonhazardous or less hazardous; safer to
transport, store or dispose of.
(2) The standards for the granting of a
conditional use permit are as follows:
(i) That the site proposed for use is
adequate in size, shape and topography, including drainage and
landscaping; and
(ii) That the site proposed for use has
sufficient access to streets which are adequate in width and
pavement size, to carry the quantity and quality of traffic
generated by the proposed use; and
(iii) That necessary improvements be made
to street system to safely carry the anticipated increased
traffic; and
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(iv) That the proposed use shall not
unreasonably interfere with the use, possession and enjoyment of
surrounding and adjacent properties; and
(v) That the proposed use shall be compatible
with permitted uses of surrounding and adjacent properties; and
(vi) That the use shall, as to location,
operation and design, be consistent with the general plan, any
applicable specific plan, the zoning regulations of the City
of Vernon and all county, state and federal rules and regulations.
(e) Trash to energy facilities.
The standards for the granting of a conditional use
permit are as follows:
(1) That the site proposed for use is adequate
in size, shape and topography, including drainage and landscaping;
and
(2) That the site proposed for use has sufficient
access to streets which are adequate in width and pavement size,
to carry the quantity and quality of traffic generated by the
proposed use; and
(3) That necessary improvements be made to street
system to safely carry the anticipated increased traffic; and
(4) That the proposed use shall not unreasonably
interfere with the use, possession and enjoyment of surrounding
and adjacent properties; and
(5) That the proposed use shall be compatible
with permitted uses of surrounding and adjacent properties; and
(6) That the use shall, as to location, operation
and design, be consistent with the general plan, any applicable
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1 specific plan, the zoning regulations of the City of Vernon and
2 all county, state and federal rules and regulations; and
3 (7) No building or structure shall be located
4 within ten (10) feet of any property line abutting a street
5 unless noted otherwise in this section. All such required yards
6 shall be landscaped and sprinklered in accordance with a plan
7 approved by the Community Services Department; and
8 (8) The architectural character of the proposed
9 structures shall be based upon the appropriate use of sound
10 materials and upon the principles of harmony and proportion in
11 the element of the structures. The buildings shall always be
12 maintained in their original condition; and
13 (9) Maximum sound level. The sound level shall
14 not exceed 65 dBA as measured at or at any point outside the
15 property lines of the property on which the noise source is
16 located, or the ambient environment noise alternative may be
17 used, whereby, the maximum sound level shall not exceed the
18 equivalent sound level for eight (8) hours as measured at the
19 property lines on a normal weekday (work day) between the hours
20 of 8:00 a.m. and 4:00 p.m. The noise source in question shall
21 be off during these measurements.
22 (10) Definitions:
23 "Ambient environmental noise" means the
24 intensity, duration, and character of sound from all sources
25 surrounding the place of measurement.
26 "Equivalent sound level" means the level of
27 a constant sound which, in a given situation and time period,
28 has the same sound energy as does a time - varying sound, or it is
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the level of the time - weighted, mean square, A- weighted sound
pressure. The time interval over which the measurement is taken
shall always be specified.
"Sound level" is 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. The unit of any sound level
is the decibel, having the unit symbol dB.
(11) The proposed distribution and transmission
conforms to the Federal Energy Regulatory Commission.
(12) The facility be deemed a qualifying facility
pursuant to the Federal Energy Regulatory Commission.
(13) The facility receive a permit from the South
Coast Air Quality Control District.
(14) The electric integration of the facility be
in accordance with the rules and regulations of the City of
Vernon Light and Power Department.
SECTION 4: That any ordinance or parts of ordinances
in conflict with this ordinance are hereby repealed.
SECTION 5: If any section, subsection, sentence,
clause or phrase or word of this ordinance is for any reason
held to be void or unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance;
it being the intention of the City Council of the City of Vernon
to adopt and pass this ordinance and each section, subsection,
sentence, clause or phrase thereof irrespective of the fact that
one or more of the sections, subsections, clauses, sentences,
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or phrases thereof may be declared void or unconstitutional.
SECTION 6: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, in three (3) of
the most public places in the City of Vernon, to wit: the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific Boulevard, and
on the bulletin board in the lobby of the City Hall of said City,
located at 4305 Santa Fe Avenue, all in the City of Vernon,
County of Los Angeles, State of California; that this ordinance
shall be in full force and effect thirty (30) days from and
after the passage of the same.
APPROVED AND ADOPTED this 1st day of April
1986.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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EONIS C. MALBU;G, Mayor
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss.
}
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 959 , was duly and regularly introduced
at a regular meeting of the City Council of the City of Vernon,
held on March 18, 1986 , and thereafter finally adopted
at a regular meeting of said City Council held on
April 1, 1986 , by the following vote:
AYES: Councilmen:Malburg, Ybarra,
McCormick
NOES: Councilmen:None
ABSENT: Councilmen: None
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Gonzales, Davis,
Bruce V. Malkenhorst, City Clerk
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
)
CITY OF VERNON )
I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the 2nd day of
April
, 1986 , post three (3) copies of
Ordinance No. 959
one in each of the following places, to wit: At the northwest
corner of 38th Street and Santa Fe Avenue, at the northeast cor-
ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
board in the lobby of the City Hall of the City of Vernon, locat-
ed at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the City.
of Vernon.
Signed this 2nd day of April
BRUCE V. MALKENHORST, City Clerk
, 1986 .
Subscribed and sworj?, to before me
this day of (X0n � Q , 19 /z.
Ndary Public in and for the County of
Los Angeles, State of California.
SUPPORTING
DOCUMENTS
CERTIFICATE
State of California )
ss
County of Los Angeles)
I, BRUCE V. MALKENHORST, Clerk of
County of Los Angeles, State of California,
the attached and foregoing are a full, true
copy of
ORDINANCE NO. 959
the City of Vernon,
hereby certify that
complete and correct
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA
1959 BY AMENDING SECTION 13 OF APPENDIX IV OF SAID CODE
AND ADDING SUBSECTIONS (c), (d), AND (e) TO SECTION 18A.2
OF CHAPTER 18A OF SAID CODE TO PROVIDE FOR THE ESTABLISHMENT
OF CONDITIONAL USE PERMIT PROCEDURES FOR FREIGHTING OR
TRUCKING TERMINALS, HAZARDOUS WASTE TREATMENT FACILITIES,
AND TRASH TO ENERGY FACILITIES AND REPEALING ANY ORDINANCE
OR PARTS OF ORDINANCES IN CONFLICT THEREWITH
the original of which is now on file in the office of the Clerk
of the City of Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand affixed
the official Seal of the City of Vernon,, County of Los Angeles,
State of California, this day of :?�� % . , 19 :.
;1
City Clerk of the City of Vernon,
County of Los Angeles, State of
California
BY: c.x
Chief Deputy
City Clerk
ENGINEER'S REPORT
ON AMENDED INTERIM ZONING ORDINANCE
DATED MAY, 1988
The City Council during its regular meeting on April 5, 1988
adopted as an Interim Zoning Ordinance, Draft Comprehensive
Zoning Ordinance dated October 1987. The necessity to adopt the
Interim Zoning Ordinance as an urgency measure in accordance with
Section 65858 of the Government Code resulted from delays ex-
perienced in adopting an updated Vernon General Plan and Com-
prehensive Zoning Ordinance consistent with the proposed General
Plan.
The City of Vernon engaged the services of
Cotton /Beland /Associates Inc. in 1984 to prepare an updated Ver-
non General Plan and Zoning Ordinance document. A five - member ad
hoc committee was appointed jointly by the City Council and Cham-
ber of Commerce to investigate, review, and comment on the
proposals. After extensive review and planning process the
proposed General Plan, the Draft Comprehensive Zoning Ordinance
dated October 1987, and environmental information was submitted
to the City Council under letter dated October 29, 1987.
Subsequently during public hearings on December 15, 1987,
February 2, 1988, and March 15, 1988 and after numerous meetings
with individuals interested in the proposed General Plan and
Zoning Ordinance, a number of revisions and additions to the
proposed documents have been considered.
The Central City South Association has filed a lawsuit
against the City of Vernon seeking to invalidate the City's 1974
General plan and a conditional use permit issued under said Plan.
The Association has also challenged the adequacy of the housing
element which was proposed as part of the review and development
of a new General Plan. City consultant Cotton /Beland /Associates
discussed the proposed housing element with the California
Department of Housing and Community Development during the fall
of 1986 after receiving a letter expressing the Department's con-
cerns, and was under the impression that a mutually acceptable
compromise had been reached. However, after the Association law-
suit was filed, the City received a second letter dated February
25, 1988 from the Department expressing its reservations with the
previous compromise proposed housing element and recommended fur-
ther study and consideration. As a result it was apparent to me
that additional studies will be required before the proposed
General Plan and Comprehensive Zoning Ordinance will receive the
Department's approval.
Therefore, on March 1, 1988 the City Council adopted a
Resolution requesting an extension of time in updating the City
of Vernon 1974 General Plan. The City proposed to use the 1974
General Plan, during the extension period, for all discretionary
land use projects. However the State Office of Planning and Re-
search did not approve the use of the 1974 General Plan during
the study period. The State Office of Planning and Research ap-
proved Vernon's request in a letter dated March 23, 1988
(received by City on March 28, 1988) for a 6 -month extension
period subject to the following conditions:
During the effective period of this extension the City
shall not approve any discretionary land use project,...
unless it makes written findings, based upon substantial
evidence in the record, that said project is consistent
with the proposed Vernon General Plan.
The letter then closed with another set of conditions:
During the effective period of this extension, the City
shall neither initiate, accept, process nor approve any
proposals or applications for General Plan amendments,
redevelopment plans, vesting tentative maps, or develop-
ment rights agreement (or other such agreements or
documents which vest and legally preclude unilateral
changes in land use by the City.)
The extension approval is very explicit in stating that
for the purpose of this extension:
"Discretionary land use project" includes zoning or-
dinance adoptions and amendments (including amendments
to the zoning map), specific plans (prepared and adopted
or amended pursuant to Government Code sections 65450 et
seq.), tentative subdivision maps (including parcel
maps, but excluding vesting tentative maps), conditional
use permits, variances, and public works /capital im-
provements projects (not including routine maintenance
of existing works and public works projects which are
needed for health and safety reasons).
"City" is defined to include the city council, city of-
ficials, and any commission, committee, board or in-
dividual delegated administrative responsibilities under
city ordinances and policies.
"Proposed Vernon general plan" is the document of the
same name that was submitted to the Office of Planning
and Research as part of the general plan extension ap-
plication. One function of the city council is to
refine the proposed plan, as necessary, prior to final
adoption. Therefore, the city council may make orderly
revisions to the proposed plan as it deems necessary
during its deliberations and prior to adoption.
"Consistent" means that, considering all its aspects,
the project will further the goals and policies of the
proposed Vernon general plan and will not obstruct their
attainment.
Considering the above, it is clear that the City cannot con-
tinue to follow the existing Zoning Ordinance adopted August 1,
1975 in discretionary land use policies and be consistent with
the proposed Vernon General Plan. The proposed Vernon General
Plan defines categories of land use devoted to general in-
dustrial, heavy industrial, commercial /industrial, and public
facilities /institutional along with two overlay districts. The
1975 Zoning Ordinance has no such comparable designations.
These designations have been designed to encourage growth
patterns in the City that are compatible with the infrastructure.
The City was incorporated in 1905 and the street system was laid
out shortly thereafter. As a result most streets in Vernon are
of insufficient width and cannot safely handle the large trucks
that have been introduced over the last decades. Due to the in-
tensive development along the street right -of -way, in most in-
stances it is not economically feasible to widen the streets to
safely accommodate today's large trucks.
The problem is especially critical at street intersections.
Large distribution facilities and truck terminals customarily
handle large trucks, thus they directly contribute to the traffic
problems. By imposing development standards and restricting new
construction of these facilities to the M -2 zone where the street
system is more compatible it is anticipated that further
deterioration in traffic conditions will be halted and that over
time the conditions will improve.
Over the last decade the number of Vernon's industries has
decreased. This is a direct result of industrial land being
recycled for large warehousing. The loss of manufacturing is
detrimental to City owned utilities. Loss in power and water
consumption places additional burden on remaining manufacturing
facilities as they must pick up a proportionately larger share of
the fixed costs associated with the water and power plant opera-
tions. Large warehouses and truck terminals are again low water
and power users. The loss of industries also results in a reduc-
tion of jobs in manufacturing which are filled by residents of
the surrounding communities.
Because the Draft Comprehensive Zoning Ordinance of October
1987 addressed these concerns, it was recommended that it be ap-
proved as the Interim Zoning Ordinance for the City of Vernon in
order to provide consistency.
Government Code Sec. 65858 states that the interim ordinance
shall be of no further force and effect 45 days from adoption,
but the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance
for one year. However, if the City extends the Interim Zoning
Ordinance it must provide notice and hold a public hearing in or-
der to permit public comment from affected parties.
The 1974 Vernon General Plan has been challenged in court as
being inadequate, therefore it is very important that in all fu-
ture discretionary land use decisions the City follow the condi-
tions mandated by the State Office of Planning and Research in
their letter dated March 23, 1988 granting the General Plan Ex-
tens ion.
The Department of Community Services is faced with discre-
tionary land use decisions on a daily basis (parcel maps,
variances, conditional use permits, etc.) and therefore needs a
zoning ordinance in force that is consistent with the proposed
General Plan. A rational planning process is not possible
without an effective zoning ordinance; otherwise, all land use
decisions will be suspect.
Modifications to the October 1987 Interim Zoning Ordinance
are being recommended to clarify definitions and requirements
resulting from public input during previous public hearings and
meetings with numerous business interest groups and individuals.
It is believed that the Amended Interim Zoning Ordinance is more
consistent with the proposed General Plan which the City is man-
dated to use for all land use decisions during the General Plan
Extension period as approved by the State Office of Planning and
Research.
Therefore it is recommended that in order to maintain an
orderly development and planning process in the City and to avert
any threat to public health, safety, or welfare Interim Zoning
Ordinance No. 975 be amended in accordance with the Draft dated
May, 1988 and be extended for an additional 10 month and 15 days
as the Amended Interim Zoning Ordinance of the City of Vernon.
ENGINEER'S REPORT
ON INTERIM ZONING ORDINANCE
The Interim Zoning Ordinance dated October 1987, was adopted as an ur-
gency ordinance on April 5, 1988. The adoption of the Ordinance was trig-
gered by the State Office of Planning and Research attaching conditions to
the approval of the General Plan extension dated March 23, 1988 stating
that all future discretionary land use projects during the extension period
must be consistent with the Proposed Vernon General Plan The proposed
Vernon General Plan was submitted to the Office of Planning and Research as
part of the General Plan extension application. The State Office of Plan-
ning and Research did not accept Vernon's proposal to use the existing 1974
General Plan during the extension period. Therefore, the City was placed
in a position of making a choice of adopting an Interim Zoning Ordinance
which was consistent with the proposed General Plan, or no discretionary
land use projects could be considered without legal challenge thus com-
pletely disrupting the City's normal planning and permit issuance process.
The City of Vernon retained the services of Cotton /Beland /Associates,
Inc., a planning consulting firm, in 1984 to prepare an updated Vernon
General Plan and Zoning Ordinance document to replace the existing 1974
General Plan. A five - member ad hoc committee was appointed jointly by the
City Council and Chamber of Commerce to investigate, review and comment on
the proposals. After extensive planning and public review process, the
City was under the impression that a mutually acceptable compromise had
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been reached with the State Housing and Community Services Department
regarding the adequacy of the Housing Element in the proposed Vernon
General Plan.
However, during the public hearing held on December 15, 1987, the
Central City South Association, objected to this proposed housing element.
Subsequently, on December 18, 1987, a lawsuit was filed by the Central
City South Association which challenged among other things the adequacy of
Vernon's Housing Element in the existing 1974 General Plan. The State
Housing and Community Services Department was aware of the litigation and
on February 22, 1988, expressed reservations with the Housing Element for
the proposed General Plan, and by letter dated March 24, 1988 has recom-
mended further studies and investigation.
The City will engage the services of Agajanian and Associates, a plan-
ning and housing consultant, at the City Council meeting of May 3, 1988, to
perform a study to adequately and fully respond to the issues raised by the
State Housing and Community Services Department. It is anticipated, that
the study will be completed and reviewed within sixty (60) business days or
approximately 3 months from May 3, 1988. The Council has conducted public
hearings on the Proposed General Plan and Proposed Zoning Ordinance and the
Director of City Community Services Department has met with numerous in-
dividuals representing various segments of the community in order to
receive as much public input as possible. The City Community Services
Department has been directed to actively pursue the required planning
process for the adoption of the Proposed General Plan and Zoning Ordinance.
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