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Ordinance No. 982 1 2 ORDINANCE NO. 982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON, MAKING FINDINGS WITH RESPECT THERETO, DECLARING THE URGENCY THEREOF, AND THAT IT WILL TAKE IMMEDIATE EFFECT 3 4 5 WHEREAS, the City Council of the City of Vernon adopted Zoning Ordinance No. 856 effective August 1, 1975; and WHEREAS, the City Council of the City of Vernon as an 6 7 8 9 10 11 emergency measure adopted Ordinance No. 975 effective April 5, 1988, entitled "Interim Comprehensive Zoning Ordinance," which was subsequently amended and extended by Ordinance No. 976, ef- fective May 17, 1988, and amended by Ordinance No. 979, effec- 12 tive December 22, 1988: and 13 14 WHEREAS, the "Interim Comprehensive Zoning Ordinance" No. 975 as amended by Ordinance Nos. 976 and 979 expired on April 5, 1989 and the 1975 Zoning Ordinance is now in effect; 15 16 17 18 and WHEREAS, the Vernon General Plan adopted by Resolution No. 5609 on April 18, 1989, defines categories of land use 19 20 devoted to general industrial, heavy industrial, commercial/industrial, and public facilitieslinstitutional along with two overlay districts for which the 1975 Zoning Ordinance 21 22 23 24 25 26 27 has no such comparable designations: and WHEREAS, these categories have been designed to en- courage growth patterns in the City that are compatible with the infrastructure of the City which was established when it was in- corporated in 1905 and the street system which was laid out shortly thereafter: and 28 WHEREAS, most streets in Vernon are of insufficient 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 width and cannot safely handle the large trucks that have been introduced over the last decades; and due to the intensive development along the street right-of-way, in most instances it is not economically feasible to widen the streets to safely ac- commodate today's large trucks; and WHEREAS, the traffic problem is especially critical at street intersections near large warehouse distribution facilities and truck terminals which customarily handle large trucks, thus di.rectly contributing to the traffic problem; and WHEREAS, 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 a period of time the conditions will improve; and WHEREAS, over the last decade the number of Vernon's industries has decreased as a direct result of industrial land being recycled for large warehousing; and WHEREAS, the loss of manufacturing is detrimental to city owned utilities since the large warehouses and truck ter- minals are low water and power users, and since the loss in power and water consumption places additional burdens on remain- ing manufacturing facilities as they must pick up a propor- tionately larger share of the fixed costs associated with the water and power plant operations; and WHEREAS, the loss of industries also results in a reduction of jObs in manufacturing which are normally filled by residents of the surrounding communities; and -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 __no.. __..._W.._..__.._.._..__".'____..__.__~*._...____~~_,,_,_-.---'___._____________'b_n^._,.,._ WHEREAS, the Vernon General Plan meets these concerns, but the 1975 Zoning Ordinance is not consistent therewith, and if land use projects, both discretionary and nondiscretionary, were approved pursuant to the 1975 Zoning Ordinance, they would conflict with the Vernon General Plan: and WHEREAS, California Government Code Section 65858 authorizes adopting as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a con- templated general plan; and WHEREAS, Article IV, Section 4 of the Charter of the Ci ty of Vernon authorizes the City Council to declare that an ordinance is "an emergency measure for the immediate protection of the public peace, health, or safety and containing a state- ment of the reasons for its urgency," and WHEREAS, on April 18, 1989, at a duly noticed public hearing, the City Council of the City of Vernon adopted the Com- prehensive Zoning Ordinance of the City of Vernon by enacting Ordinance No. 973, which is scheduled to have its second reading on May 2, 1989, and to become effective thirty (30) days thereafter: and WHEREAS, the City Council of the City of Vernon has not created a separate planning commission and performs all of the functions of a planning commission as authorized by Government Code Sections 65100 and 65861; and WHEREAS, Comprehensive Zoning Ordinance No. 973 of the City of Vernon conforms to the newly adopted Vernon General Plan and prohibits any and all uses which conflict therewith. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Findinas. The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Adoption. The Final Comprehensive Zoning Ordinance, including amendments adopted by the City Council of the City of Vernon as Ordinance No. 973, is hereby adopted by reference as if set forth fully herein as an interim urgency ordinance. SECTION 3: Violation. Violation of this Ordinance or any part hereof is punishable by a fine of not more than Five Hundred Dollars ($500), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprison- ment. Each day or any portion thereof during which any viola- tion of any provision of this Ordinance is committed, continued or permitted, constitutes a separate and individual offense. SECTION 4: Severability. 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 or phrases thereof may -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be declared void or unconstitutional. SECTION 5: Declaration of UrgencY. The adoption of this ordinance is in contemplation of the final reading and adoption of Ordinance No. 973, and the City Council of the City of Vernon finds that this ordinance is urgently required for the immediate protection of the public safety, health andlor welfare, and that, absent such an interim ordinance, there would be an immediate threat to the public health, safety, and/or welfare and that the ordinance is further necessary to preserve and protect the lives and quality of life of residents, employees, and travelers, the present and future character of property, and the value of property, is necessary to avoid litigation and its expense, and is necessary to permit the orderly preparation and implementation of the Proposed General Plan and the proper and necessary zoning amendments and controls. SECTION 6: Additional Findings. A current and immediate threat to the public health, safety and welfare, exists in that the approval of additional subdivisions, rezonings, land use permits, variances, building permits or any other applicable entitlement for use pursuant to the City of Vernon's current Zoning Ordinance would conflict with the proposed General Plan and proposed Comprehensive Zoning Ordinance. SECTION 7: Any ordinance, or parts of ordinances, in conflict with this Ordinance, are hereby repealed. SECTION 8: There being no newspaper printed, published -5- 1 or circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this ordinance and shall 2 3 post the same, or cause the same to be posted, within fifteen 4 (15) days after its passage in accordance with Section 36933 of the Government Code, in three (3) of the most public places in 5 6 the City of Vernon, to wit: the northwest corner of 38th Street 7 and Santa Fe Avenue, the northeast corner of Leonis Boulevard 8 and Pacific Boulevard, and on the bulletin board in the lobby of 9 the City Hall of said City, located at 4305 Santa Fe Avenue, all 10 in the City of Vernon, County of Los Angeles, state of Califor- 11 12 13 14 nia. SECTION 9: Effective Date. This ordinance shall take effect immediately upon its passage as an emergency ordinance and shall be in effect for a 15 period not to exceed four months as specified in Government Code 16 section 65858 unless earlier terminated by final adoption of 17 Ordinance No. 973 by the City Council of the City of Vernon. 18 19 This Ordinance may be extended by an ordinance of the City Coun- cil for the term prescribed in said code section. 20 21 APPROVED AND ADOPTED this 18th day of April 1989. 22 23 24 AT~: /~ BRUCE V. MALKENHORST, 25 26 27 28 -6- 1 2 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of Ver- 4 non, do hereby certify that the foregoing Ordinance, being Or- dinance No. 982, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Tues- day, April 18. 1989, and thereafter finally adopted at a regular 5 6 7 8 9 meeting of said City Council held on Tuesday, April 18. 1989, by the following vote: 10 11 12 13 14 15 16 17 18 19 ( SEAL) 20 21 22 23 24 25 26 27 28 AYES: Councilmen: Malburg, Ybarra, McCormick Gonzales, Davis NOES: Councilmen: None ABSENT: Councilmen: None /f- ~~~ BRUCE V. MALKENHORST, City Clerk -7-