Ordinance No. 979
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ORDINANCE NO. 979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AMENDING THE INTERIM COMPREHENSIVE
ZONING ORDINANCE NO. 976 TO ALLOW THE CON-
TINUATION OF NON-CONFORMING WAREHOUSES AND
TO CLARIFY PROVISIONS FOR ACCESS AND PARK-
ING, FOR NON-CONFORMING TRUCK TERMINALS, AND
FOR TRADE SCHOOLS
WHEREAS, the City Council of the City of Vernon as
an emergency measure adopted Ordinance No. 975 effective April
5,
1988,
entitled "Interim Comprehensive Zoning Ordinance"
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which implemented provisions of the City's proposed general
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plan and which ordinance was subsequently amended and extended
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in Ordinance No. 976, effective May 17,
1988,
entitled
"Amended Interim Comprehensive Zoning Ordinance" (hereinafter
Zoning Ordinance); and
WHEREAS, California Government Code Section
65858(e) authorizes amendments to an interim ordinance which
"shall automatically terminate and be of no further force or
effect upon the termination" of the interim ordinance; and
WHEREAS, it has been discovered that imposition of
the terms of the Zoning Ordinance will have an unreasonably
restrictive effect on pre-existing buildings,
uses and off-
street parking and loading areas
in the City of Vernon; and
(a)
Buildings with a square footage of 50,000 to
75,000 square feet cannot be converted to
warehouses in the M Zone since they would become
non-conforming uses in violation of section 4.4.2;
and
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24 the City
(b) Buildings in the City of Vernon are often con-
verted from industrial use to warehouse use and
back, or a combination thereof, depending on owner-
ship, availability of tenants, and economic condi-
tions, and it would be reasonable to allow such
conversions to continue for a term of twenty-five
years; and
(c) The one (1) year time period in Section 4.4.3a
for conforming property with "minor, temporary, or
auxilialry buildings or structures" and the two (2)
year period in section 4.4.4a for conforming an
"off-street parking and loading area" do not give
sufficient time for landowners and users to
properly plan for and to implement the provisions
of those sections; and
(d) Zoning Ordinance Section 4.4 states the intent
of the City Council" to permit these nonconform-
ities to continue for a reasonable length of time";
and
WHEREAS, inquiries for locating a trade school in
of Vernon have been received, but the Zoning Or-
25 dinance contains no provision for such a use; and
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WHEREAS, the minimum truck parking requirements in
4.2.7 for industrial, manufacturing assembly,
22 warehouses, distribution facilities, storage, cold storage,
23 and similar uses are the same for each use and require one
24 truck parking space per 10,000 square feet of gross floor
25 area; and
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(a) A trade school would be an advantageous addi-
tion to the City and would provide training for
employees of industrial and other uses in the city;
and
(b) The siting of an educational facility in the
Ci ty would pose particular problems of insulating
and protecting the students from the noise and
traffic and hazards of an industrial climate so
that a conditional use permit should be required by
amending Sections 3.5.3 for the M-Zone and 3.7.3
for the C-M Zone; and
(c) The present parking standards for a school
calling for one parking space for classroom were
intended for elementary schools and need to be
modified for a trade school by amending Section
4.2.6; and
(a) Industrial, manufacturing assembly,
similar uses have less need for truck parking
and
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spaces than the other uses; and
(b) One truck parking space for each 20,000 square
feet of gross floor area for industrial, manufac-
turing assembly, and similar uses, would be
reasonable; and
(c) Section 4.2.7 contains a provision authorizing
the Director of Community Services to increase the
number of on-site truck parking and loading spaces
at his discretion which provision will no longer be
needed with the amendments to Section 4.2.7 and
Section 4.2.8 (Development Standards); herein, and
WHEREAS, Zoning Ordinance Sections 4.2.8 which con-
development standards for off-street parking and loading
18 facilities needs to be clarified because:
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20 (a) It contains no layout provisions for
21 automobile parking lots, the dimensions of which
22 will vary depending on whether parking spaces are
23 perpendicular or at an angle and the aisles widths
24 of which will vary from 13 to 27 feet; and
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26 (b) Standards for two-way truck access presently
27 call for a minimum width of 27 feet, but 20 feet is
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1 sufficient if it does not traverse a parking lot;
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4 (c) Overhead heights for vehicle access and park-
5 ing need clarification; and
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7 WHEREAS, the City Council has approved several con-
8 ditional use permits to allow the continuance of truck ter-
9 minals as non-conforming uses in the M-Zone, but which were
10 otherwise prohibited in that zone; and
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12 (a) The conditional use permits were required
13 based on the prior zoning ordinance, specifically
14 Vernon City Code Section l8A.l which authorizes the
15 continuance of freighting and trucking terminals as
16 pre-existing uses subject to obtaining a condi-
17 tional use permit for "any extension or expansion
18 of such use"; and
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20 (b) The current Zoning Ordinance needs to be
21 clarified by including a similar provision and by
22 defining "extension" of a pre-existing use to in-
23 clude continuance by change in occupancy; and
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25 WHEREAS, the proposed amendments and additions to
26 the Amended Interim Zoning Ordinance are consistent with the
27 proposed General plan.
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1 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
2 SECTION 1: Findinqs.
3 The City Council of the City of Vernon hereby finds
4 and determines that the recitals contained hereinabove are
5 true and correct.
6 SECTION 2: Amendment to Section 3.5.3.
7 Section 3.5.3 of the Amended Interim Comprehensive
8 Zoning Ordinance is amended to read:
9 3.5.3 Uses Which May Be Permitted By Conditional
10 Use Permit. The following uses may be permitted in the M Zone
11 subj ect to the approval of a conditional use permit as
12 provided in Section 5.2 to ensure that the proposed site has
13 adequate access and off-street parking and loading facilities,
14 and that the proposed use will not generate traffic, noise,
15 vibration, dust, odor, smoke, light, or risk of upset or ex-
16 plosion which is obnoxious to or interferes with the operation
17 of adjacent uses.
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a. Retail and Wholesale Commercial Uses with a
floor area of 10,000 square feet or more including
businesses and services, but not limited to banks,
pubishing and printing shops, restaurants and
coffee shops, and business and professional offices
which serve industry.
b. Hazardous Materials Processing Facilities so
long as they comply with all the requirements of
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state and federal law and subject to the standards
specified in section 5.2.6.
c. Trash-to-Energy Facilities and Trash Transfer
stations subject to the standards specified in Sec-
tion 5.2.6.
d. Petroleum Related Uses and/or uses primarily
engaged in the storage of petroleum products.
e. Public storage Facilities with a floor area no
greater than 50,000 sq. feet per lot or parcel sub-
ject to the standards specified in Section 5.2.6.
f. Cogeneration Facilities, subject to the stand-
ards specified in Section 5.2.6.
g. Trade Schools
SECTION 3. Amendment to Section 3.7.3
Section 3.7.3 of the Amended Interim Comprehensive
Ordinance is amended to read:
3.7.3 Uses Which Kay Be Permitted By Conditional
Use Permit. The following uses may be permitted in the C-M
Zone subject to the approval of conditional use permit as
provided in Section 5.2 to insure that the proposed site has
adequate access and off-street parking and loading facilities,
and that the proposed use will not generate traffic, noise,
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vibration, dust, odor, smoke, or light which is obnoxious to
or interferes with the operation of adjacent uses:
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21 4.2.6. Minimum Automobile parking Requirements. To
22 meet the intent of this section, the minimum parking space
23 requirements for certain uses and buildings are declared to be
24 as follows:
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a. General Offices which generate more than 20
vehicle trips per 1,000 gross square feet of floor
area per day as determined by the current Trip Gen-
eration. An Informational Report issued by the In-
sti tute of Transportation Engineers, or as deter-
mined by the Council after an analysis of the use.
b. Retail and Wholesale Commercial uses which in-
volve intensive customer traffic (i.e., generate
more than 20 vehicle trips per 1,000 gross square
feet of floor area per day).
c.
Trade Schools
SECTION 4: Amendment to section 4.2.6.
Section 4.2.6 of the Amended Interim Comprehensive Zoning Or-
dinance is amended to read:
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USE TYPE
Industrial, manufacturing,
processing, assembling,
packaging, warehousing,
storage, cold storage,
distribution facility and
similar uses
REQUIRED SPACES
One (1) space per 1,000
square feet of building
gross area
Retail sales, services,
offices, and similar uses
One (1) space per 500
square feet of gross
floor area
Uses including outdoor sales
or display (e.g. nurseries,
auto or boat dealer, etc.)
One (1) space per 5,000
square feet of open
display or sales area
Restaurants, night clubs,
bars, and similar uses
One (1) space per 100
square feet of gross
floor area
Public utility facilities
(not including offices)
One (1) space per 1,000
square feet of gross
floor area
AUditoriums, meeting halls
trade schools, and other
places of assembly
One (1) space per 100
square feet of gross
floor area
Schools (up to the 8th
grade)
One (1) space per
classroom
Resident dwelling unit
One (1) space per unit
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SECTION 5. Amendment to Section 4.2.7
2 Section 4.2.7 of the Amended Interim Comprehensive
3 Zoning Ordinance is amended to read:
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4.2.7. Minimum Truck Parking and Loading Facility
5 Requirements. All commercial, industrial, warehouse, storage,
6 institutional, and other buildings or uses requiring the
7 receipt or distribution of goods, materials, merchandise or
8 supplies by truck shall be provided with adequate parking
9 space for all such trucks, regardless of size which are owned,
10 leased, rented, or otherwise retained on the premises and
11 shall also be provided with off-street loading space to accom-
12 modate trucks being loaded, unloaded, or waiting to load or
13 unload, in accordance with the following standards.
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15 a. TRUCK PARKING
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USE TYPE
REOUIRED SPACES
Industrial, manufacturing
assembly, and similar uses
floor area
One (1) space per 20,000
square feet of gross
Warehouses, distribution
facilities, storage, cold
storage and similar uses
One (1) space per 10,000
square feet of gross
floor area
Retail sales, services,
offices and similar uses
and stored at the site
when not in use
One (1) space per vehicle
based at this location
Public utility facilities
based at this location
and stored at the site
when not in use
One (1) space per vehicle
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1 b. TRUCK LOADING
2 MINIMUM
GROSS FLOOR AREA (sa. ft.)
REOUIRED SPACES
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Under 8,000
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8,001 - 25,000
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25,000 - 50,000
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50,001 - 100,000
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100,001 - 200,000
Each additional 100,000 or
fraction thereof
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10 Truck loading spaces in excess
of the required number may be
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SECTION 6: Amendment to section 4.2.8.
Section 4.2.8. of the Amended Interim Comprehensive
Zoning Ordinance is amended to read:
4.2.8.
Development Standards.
All off-street
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parking and loading facilities for any use, building, or
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structure hereafter erected, constructed, altered, or expanded
in the City shall comply with the following minimum standards:
a. Plot Plan. Whenever a building or structure is
constructed, erected or altered, or whenever the
use of a parcel, building or structure changes
resul ting in an increased requirement for
automobile parking or truck parking, loading, and
maneuvering areas, a plot plan clearly showing such
off-street parking and loading facilities, points
of access and egress, and circulation patterns in
relation to the buildings, structures, and uses to
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be served, and to the adjacent public streets is
required.
Prior to issuance of any occupancy certificate, ap-
proval of the plot plan by the Director of Com-
munity Services shall be required if the proposal
involves street frontage improvements or altera-
tions of existing pUblic facilities such as, but
not limited to, driveways, sidewalks, curbs, and
gutters.
Parking, loading, and maneuvering plot plans and
improvements shall not be required for minor
remodeling, painting, repair, electrical and
mechanical work. When parking, loading, and
maneuvering facilities are developed or altered
without modifications to or construction of build-
ings or structures, separate plans shall be
required. All such plot plans and such separate
plans shall be submitted to the Community Services
Department to insure compliance with this Or-
dinance.
b. Location. Required parking facilities shall
be located on the same parcel or lot as the use or
occupancy for which the parking is being provided:
or such required parking facilities may be provided
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on a separate parcel or lot, but under the same
ownership as the parcel or lot on which the use or
occupancy requires parking, provided such separate
parcel is within one thousand (1,000) feet from the
main building or use measured as walking distance
from such building to the main entrance of the
parking facility, and provided evidence is filed
with the City of Vernon limiting the use of such
parcel for parking purposes in connection with that
particular use or occupancy so long as such use
exists.
size.
The minimum size of all parking and
c.
loading spaces shall be as follows:
width
Heiqht
Lenqth
19 ft .
7 ft.
Automobile parking space
8.5 ft.
Truck parking space
10.0 ft.
65 ft.
15 ft.
Truck loading space
10.0 ft.
65 ft.
15 ft.
When only one loading
space is required, the
space shall be
20.0 ft.
65 ft.
15 ft.
d.
Automobile parking Layouts.
Minimum dimensions
for designing automobile parking layouts shall be
as follows:
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Anqle
(Degrees)
stall
(Measured
Perpendicularly)
Aisle
30
17ft.
13 ft.
+45
20 ft.
15 ft.
60
21 ft.
21 ft.
90
19 ft.
27 ft.
e. Access. Easily accessible and adequate ingress
and egress shall be provided to all required park-
ing and loading facilities. Maneuvering and turn-
around areas shall be provided on the lot so that
all vehicles, including trucks, using the parking
and/or loading facilities may enter or leave the
pUblic street in front-forward manner without back-
ing or maneuvering on the public right-of-way.
A
minimum of forty (40) feet of unobstructed space
shall be maintained in front of all required truck
parking and loading spaces.
Minimum required
driveway dimensions shall be as follows.
width
One-way driveway
13 feet
Height
15 feet
Two-way driveway
20 feet
15 feet
No curbcut for a driveway or aisle or any portion
thereof to any parking or loading facility shall be
permitted within any portion of any curb return nor
within seventy-five (75) feet of the point of tan-
gency of any curb return for a driveway used by
trucks or within forty-five (45) feet of the point
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of tangency of any curb return for a driveway used
exclusively by automobiles.
f. Markings. All required parking and loading
spaces and facilities shall be clearly and
adequately marked with permanent durable and easily
distinguishable materials. All one-way drives,
entrances, and exits shall be clearly and per-
manently marked. Such signs and markings shall be
maintained and shall be visible to drivers of
vehicles using the parking facility.
g. Barriers. Where parking areas adjoin a public
street or streets, a masonry wall not less than
thirty inches (30") in height or landscaped area a
minimum of four (4) feet in width measured from the
property line shall be established along such full
frontage, except at driveways, walkways, or other
openings where such are necessary.
h. paving. All parking and loading facilities
shall be paved with a hard, durable surface
material and shall be adequately drained. Drainage
to the street which crosses publ ic areas such as
sidewalks shall be by sheet flow or must be con-
tained in approved drain structures.
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1 i. Maintenance. All parking and loading areas
2 shall be kept clean and free of dust, mud or trash.
3 Parking areas shall be used only for the purpose of
4 parking vehicles. Where landscaping is provided
5 within or along any parking area, such areas shall
6 be maintained and provided with permanent under-
7 ground, automated irrigation systems.
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9 Striping, marking, direction signs, lighting,
10 screening and all other improvements required by
11 this section shall be adequately maintained.
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13 SECTION 7: Amendment to Sections 4.4.2.
14 Section 4.4.2 of the Amended Interim Comprehensive
15 Zoning Ordinance is amended to read:
16 4.4.2: Conforming Use in an Existing Building. An
17 existing building or a portion of an existing building con-
18 taining a conforming use at the passage of this Ordinance can-
19 not be converted to a non-conforming use, except as set forth
20 in section 4.4.8.
21 SECTION 8: Amendment to Sections 4.4.3
22 section 4.4.3 of the Amended Interim Comprehensive
23 Zoning Ordinance is amended to read:
24 4.4.3: Removal of Non-conforming Building, struc-
25 tures, and Uses. Every non-conforming building, structure and
26 use shall be completely removed or altered to structurally
27 conform to the uses and development standards permitted in the
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1 zone in which it is located within the herein specified times:
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3 a. Where property is unimproved or contains only
4 parking or where the property has only minor, tem-
5 porary or auxil iary buildings or structures:
6 within three (3) years of January 1, 1989.
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8 b. Where the non-conformity occurred as a result
9 of the adoption of Ordinance No. 752 on February
10 25, 1964: within forty (40) years of that adoption
11 date.
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13 c. Where the non-conformity occurred as a result
14 of the adoption of Ordinance No. 856 on July 1,
15 1975: within forty (40) years of that adoption
16 date.
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18 d. Where the non-conformity results from the adop-
19 tion of Ordinance No. 975, effective April 5, 1988,
20 or Ordinance No. 976, effective May 17, 1988 or
21 from this ordinance: within forty (40) years of
22 January 1, 1989.
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25 SECTION 9: Amendment to Section 4.4.4..
26 section 4.4.4 of the Amended Interim Comprehensive
27 Zoning Ordinance is amended to read:
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2 ......... Inadequate Off-Street parking or Loading:
3 Any use which does not conform with the parking and loading
4 requirements of this ordinance shall be subject to the follow-
5 ing provisions:
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a. Where sufficient space exists on the lot or
parcel for compliance with the requirements of this
ordinance, off-street parking and loading area
shall be provided in accordance with this ordinance
upon any change of use of occupancy or within three
(3) years of January 1, 1989, whichever shall occur
first.
b. Where insufficient space exists on the lot or
parcel for compliance with the off-street parking
requirements of this Ordinance, at the time of any
expansion, or structural alteration of the building
or buildings, the City Council, in accordance with
Section 5.1 (Variance), may relieve the occupant of
all or part of the provisions of the off-street
parking and maneuvering requirements if the City
Council determines:
1. The strict application of the off-street park-
ing requirements of this ordinance creates an
unreasonable hardship;
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2. The proposed use will not adversely affect the
surrounding area; and
3. The existing use does not require the number of
spaces specified by this ordinance.
c. Compliance with the off-street loading require-
ments of this ordinance shall occur at the time of
any changes in use, occupancy, expansion, struc-
tural alteration of the building or within five (5)
years of the effective date of this ordinance,
whichever shall occur first. However, the City
Council, in accordance with Section 5.1 (Variance),
may relieve the occupant of all or part of the
provisions of the off-street loading requirements
of this ordinance if the City Council determines:
1. The strict application of the off-street load-
ing requirements of this ordinance creates an
unreasonable hardship;
2. The existing use does and will not adversely
affect the surrounding area; and
3. The use does not require the number of spaces
specified by this ordinance.
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In the granting of the variance, the city Council
may require that loading spaces and areas existing
on the site comply with the provisions of this or-
dinance regarding length, width, overhead clearance
and any other dimensional standard.
SECTION 10: Enactment of Section 4.4.8..
Section 4.4.8 is added to the Amended Interim Com-
10 prehensive Zoning Ordinance and enacted to read:
4.4.8: Warehouse Use.
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a. A property in the M Zone which on the effective
date of this Ordinance is improved with a building
area of more than 50,000 square feet, but less than
75,000 square feet may subsequently be utilized for
ei ther industrial or warehouse purposes until
January 1, 2014.
b. If on January 1, 2014 said property is used as
a warehouse, then it may continue to be so
utilized; and if it is thereafter converted to in-
dustr ial use, it may not be reconverted to
warehouse use at any time during the time period
specified in section 4.4.3(d)
c.
If on January 1, 2014, said property is used
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SECTION 11: Amendment to section 5.2.9
Section 5.2.9. of the Amended Interim Comprehensive
Ordinance is amended to read as set forth below. The
7 city Council declares that this amendment does not constitute
8 a change in the ordinance, but a clarification of the pre-
9 existing intent and implementation of the Amended Interim Com-
10 prehensive Zoning Ordinance and Vernon City Code, Chapter l8A,
11 Conditional Use Permits.
12 5.2.9. Existing Uses. Uses existing on the effec-
13 tive date of the ordinance codified in this title which are
14 listed as permitted in this title, subject to a Conditional
15 Use Permit, in the zone in which they are located may continue
16 without securing such a permit; however, any extension or ex-
17 pansion of such use shall require a Conditional Use Permit.
18 Such existing uses which are not permitted by this
19 title but which are allowed to continue as non-conforming uses
20 pursuant to section 4.4 et seq., but which were permitted by
21 Conditional Use Permit prior to the adoption of this Or-
22 dinance, may continue without securing such a permit; however
23 any extension or expansion of such use shall require a Condi-
24 tional Use Permit pursuant to Vernon City Code, Chapter l8A.
25 Extension of a use shall include a continuance of
26 such use by a change in occupancy or a change in ownership of
27 the use.
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6 Zoning
for an industrial use, it may not thereafter be
converted to a non-conforming use within the zone.
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1 SECTION 12: violation.
2 violation of this ordinance or any part hereof is a
3 misdemeanor punishable by a fine or not more than five hundred
4 dollars ($500), or by imprisonment in the county jail for a
5 period of not more than six (6) months, or by both such fine
6 and imprisonment. Each day or any portion thereof during
7 which any violation of any provision of this Ordinance is com-
8 mitted, continued or permitted, constitutes a separate and in-
9 dividual offense.
10 SECTION 13: Severability.
11 If any provision or clause of this Ordinance or the
12 application thereof to any person or circumstances is held in-
13 valid, such invalidity shall not affect other provisions or
14 applications of this Ordinance which can be carried out
15 without the invalid provision or application, and to this end
16 the provisions of this ordinance are declared to be severable.
17 SECTION 14: Conflicts.
18 Any ordinance or resolution or parts thereof that
19 are found to be in conflict with this ordinance are hereby su-
20 perseded and shall have no further force or effect.
21 SECTION 15: Notice.
22 There being no newspaper printed, published or cir-
23 culated in the City of Vernon, the City Clerk is hereby
24 directed to certify to the passage of this Ordinance and shall
25 post the same, or cause the same to be posted, in three (3) of
26 the most public places in the City of Vernon, to wit: the
27 northwest corner of 38th Street and Santa Fe Avenue, the
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1 northeast corner of Leonis Boulevard and Pacific Boulevard,
2 and on the bulletin board in the lobby of the City Hall of
3 said City, located at 4305 Santa Fe Avenue, all in the City of
4 Vernon, County of Los Angeles, State of California.
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APPROVED AND ADOPTED this 22 day of November, 1988.
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BRUCE V.
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~~M,;;t;~.
t/~~
MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) 5S.
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
6 Ordinance No. 979 , was duly and regularly introduced
adjourned
7 at an~ meeting of the City Council of the City of Vernon,
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held on November 8, 1988
, and thereafter finally adopted
9 at a regular meeting of said City Council held on
November 22, 1988
, by the following vote:
AYES:
Councilmen: Malburg, Ybarra, Gonzales
Davis, McCormick
Councilmen: None
NOES:
ABSENT:
Councilmen: None
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Bruce V. Malkenhorst, City Clerk
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19 (SEAL)
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1
AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
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3 COUNTY OF LOS ANGELES) SS
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4 CITY OF VERNON )
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I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the 28th day of
November , 19~~ave pOtb\-ee~ (3) copies of
Ordinance No. 979
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9 one in each of the following places, to wit: At the northwest
10 corner of 38th Street and Santa Fe Avenue, at the northeast cor-
11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
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Signed this 1st day of December
, 19-.8Ji.
aE v~~&t:erk
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Subscrtbed and sworQ{):o before me ;/ /
this /sr day of '-;{j/AR'/7.. A~,-< ~, 19.d.L.
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OFFICIAL SEAL
GLORIA J. OROSCX)
Notary Publre-callfoml.
LOS ANGELES COUNlY
My Comm, Exp. May 26. 1990
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