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Ordinance No. 1020 1 2 3 4 5 Vernon 6 ORDINANCE NO.1 020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING AND CORRECTING VARIOUS SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON WHEREAS, the Comprehensive Zoning Ordinance of the City of was adopted on April 18, 1989, by Ordinance No. 982; and 7 WHEREAS, certain sections of the Comprehensive Zoning Ordinance need to be clarified and brought into conformity with each 8 other. 9 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 10 SECTION 1: The city Council of the City of Vernon hereby 11 finds and determines that the recitals contained hereinabove are 12 true and correct. 13 SECTION 2: Because of a typographical error, the l4 definition for "Right-of-way, street" in section 26.2.14 contains an 15 extra line which should have been deleted. Said definition is 16 17 hereby amended to read as follows (the balance of "section 26.2.14: Definitions (R)" shall remain unchanged): 18 "Riaht-of-way. Street shall mean the existing or proposed 19 future ultimate width of a public or private right-of-way as 20 determined by the Master Plan of Streets of the City of Vernon." 21 SECTION 3: In section 26.3.5-2 three errors exist: 22 ( 1) In subparagraph (b), the cross reference to Sec. 23 26.4.5-8 is incorrect. 24 (2) In subparagraph (c), the term "Residence, temporary" 25 differs from section 26.4.5-3. 26 (3) In subparagraph (f), a comma was inadvertently 27 inserted in such a manner that it might be misconstrued to approve 28 all warehouses and wholesale uses of whatever size as permitted uses 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 in the General Industry Zone. This does not represent the intent of the city Council, conflicts with section 26.4.6-8, and is inconsistent with the corresponding provision in subparagraph (b) of section 26.3.6-2 in which the comma was correctly omitted. Subparagraphs (b), (c), and (f) of section 26.3.5-2 are amended to read as follows (the balance of "section 26.3.5-2. Permitted uses" shall remain unchanged) : (b) Residential dwellinq, sinqle familY or independent living facility in accordance with Sec. 26.4.5. (c) Residential unit-temporary in accordance with Sec. 26.4.5-3. (f) Warehouses and wholesale uses including accessory warehouses with a floor area of 50,000 square feet or less per lot or parcel. SECTION 4: The list of ordinances in subparagraph (d) of section 26.4.6-3 inadvertently failed to mention Ordinance Nos. 946 and 959, and the adoption dates for some of the other ordinances are incorrectly referred to as the effective dates. Subparagraph (d) of section 26.4.6-3 is amended to read as follows (the balance of "section 26.4.6-3. Removal of non-conforming building, structures, and uses" shall remain unchanged): (d) Where the non-conformity results from the adoption of Ordinance No. 946 on January 17, 1984, Ordinance No. 959 on April 1, 1986, Ordinance No. 975 on April 5, 1988, Ordinance No. 976 on May 17, 1988, Ordinance No. 979 on December 22, 1988, Ordinance No. 982 on April 18, 1989, or from any other ordinance adopted prior to Ordinance No. 982, within forty (40) years of January 1, 1989, except as provided in Sec. 26.4.6-8. -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 SECTION 5: Because of a need for clarification and an incorrect reference to a public agency, subparagraph (b) (5) of section 26.5.2-9, is amended to read as follows (the balance of "section 26.5.2-9. Standard conditions for specific facilities" shal1 remain unchanged): (5) The facility has received a permit from the South Coast Air Quality Management District and any other required State or federal agency. SECTION 6: Subparagraph (c) of section 26.4.6-4 was designed to require a non-conforming building or use to bring its existing loading docks into conformity with the size requirements of section 26.4.2-8 within five years of the date of its adoption. However it can be read to mean that a non-conforming building or use must also add the required number of loading docks pursuant to section 26.4.2-7. In order to avoid such a misconstruction and to clarify the intent of the city Council of the City of Vernon, subparagraph (c) of Section 26.4.6-4 is amended to read as follows (the balance of "section 26.4.6-4. Inadequate off-street parking, access or loading" shall remain unchanged) : (c) Where insufficient space exists on the lot or parcel for compliance with the size requirements of the off-street loading provisions of this chapter, the size of the existing loading docks shall be brought into compliance at the time of any changes in use, occupancy, expansion, structural alteration of the building or within five (5) years of the effective date of this chapter, whichever shall occur first. SECTION 7: Intent. It is the declared finding of the City Council that these amendments do not constitute a change in the -3- 1 2 3 4 5 6 7 8 9 lO 11 12 13 l4 l5 16 17 18 19 20 2l 22 23 24 25 26 27 28 Zoning Ordinance, but a clarification of the preexisting intent of the City Council and the implementation of that intent SECTION 8: Any ordinance, part of an ordinance, or code section in conflict with this ordinance is hereby repealed. SECTION 9: 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 be declared void or unconstitutional. SECTION 10: 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, within fifteen (l5) days after its passage in accordance with section 36933 of the Government Code, 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. III /// /// /// -4- 1 SECTION 11: 2 This ordinance shall be in full force and 3 effect thirty (30) days from and after its passage of the same. APPROVED AND ADOPTED this,22 day Of~~, 1994. 4 5 6 ATTES~ /~ -- BRUCE V. MALKENHORST, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGELES 3 I, BRUCE V. MALKENHORST, City Clerk of the city of Vernon, 4 do hereby certify that the foregoing Ordinance, being Ordinance No. 5 1020, was duly and regularly introduced at a regular meeting of th 6 city Council of the City of Vernon, held on Tuesday, February 1, 7 1994, and thereafter finally adopted at an adjourned regular meetin 8 of said City Council held on Tuesday, February 22, 1994, by th 9 following vote: AYES: Councilmen: Malburg, Ybarra, Davis, McCormick, Gonzales 5 NOES: o Councilmen: None ABSENT: o None ,. ./ ~//?.V Councilmen: A BRUCE V. MALKENHORST, city Clerk (SEAL) -6- SUPPORTING DOCUMENTS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon do hereby certify that I did, on the 1st day of March, 1994, have posted three (3) copies of: Ordinance No. 1020 of the City of Vernon One in each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd. and Pacific Blvd; and on the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in t City of Verno Clerk Date: 3/1/94 State of California ) )ss County of Los Angeles) On N C\.\<:<:-\--. \ J \C\C\\.\:- before me, ,-S\..QRC.h L, ~),__ckw('\)~ (notary public) personally appeared G\(S'ii~c~S\ ORC,.c.:.c<:\ (name of signatory) personally known to me (or known to me on the basis of satisfactory evidence) to be the person whose name is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal: R2~v-FO~cQ~~~ OFFICIAL SEr'\~ S'-!ARON L. DUCKV;: ;Tj'i I :otary Pu':' -C8 ."'-'t;J ! C::; ANGELL:; (, ,v r,~'{ C~rr"1rnl:;:iC'''' ~/.) Juno 9, 19. AfdvtPst.g