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Ordinance No. 10611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 ORDINANCE NO. 1061 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON PROHIBITING THE PROCESSING OR APPROVAL OF TENTATIVE MAPS, PARCEL MAPS AND LOT - LINE ADJUSTMENTS MAKING FINDINGS WITH RESPECT THERETO, DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID ORDINANCE TO TAKE EFFECT IMMEDIATELY WHEREAS, the City Council of the City of Vernon adopted a General Plan on April 18, 1989, and adopted the Comprehensive Zoning Ordinance by adoption of Ordinance No. 973 on May 2, 1989; and WHEREAS, the Land Use Element of the General Plan contains a goal of providing sufficient appropriate locations for manufacturing and industrial uses and providing for the location of those activities which support manufacturing (e.g., warehousing and transportation -related uses) in areas where they will not interfere or compete for space with manufacturing operations; and WHEREAS, in the preparation and adoption of the General Plan and the Comprehensive Zoning Ordinance, the City Council attempted to place controls on the establishment of warehouse and other non -industrial uses by allowing large warehouse facilities (50,000 square feet or more) to be established only in the Heavy Industry (M-2) Zone and limiting the size and warehouses and other non -industrial facilities to 50,000 square feet or less in the General Industry (M) Zone; and WHEREAS, the closure of large manufacturing facilities and clearance of the properties on which they were located has created the possibility of such properties being subdivided into parcels small enough to justify the construction of warehouse and other non- industrial facilities in a way that conflicts with the Council's intent of preserving sufficient properties for manufacturing and I industrial uses as reflected in the Land Use Element of the General 2 Plan; and 3 WHEREAS, the City Council intends to study the extent to 4 which existing land use controls have achieved the goal of the Land 5 Use Element of maintaining sufficient properties for industrial and 6 manufacturing uses while insuring that warehouse and other non- 7 industrial uses do not interfere or compete for space with 8 manufacturing operations; and 9 WHEREAS, the City Council further intends to study the 10 consequences of the subdivision or reconfiguration of large 11 industrial sites into smaller parcels capable of supporting 12 warehouse and other non -industrial uses and believes it is in the 13 interest of the public health, safety and welfare to declare a 14 moratorium on such subdivisions or reconfiguration of sites through 15 lot -line adjustments while the City studies these issues; and 16 WHEREAS, Chapters 4.3(e) and 4.4 of the Charter of the City 17 of Vernon provide that an ordinance declared by the City Council to 18 be necessary as an emergency measure for the immediate preservation 19 of the public peace, health, or safety, and containing a statement 20 of the reasons for its urgency, may be adopted in the manner 21 provided in said Charter, except that such emergency ordinance may 22 be introduced and adopted at one in the same regular or special 23 meeting, and shall take effect immediately; and 24 WHEREAS, Government Code § 65858 provides that without 25 following procedures otherwise required prior to the adoption of a 26 zoning ordinance, the legislative body, to protect the public 27 safety, health and welfare, may adopt as an emergency measure an 28 interim ordinance prohibiting any uses which may be in conflict with -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 a contemplated general plan, specific plan, or zoning proposal which the legislative body is considering or studying or intends to study 1within a reasonable time. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are (true and correct. SECTION 2: For the, duration of the moratorium established by this Ordinance, or any extension thereof, no tentative map, parcel map for which a tentative map is not required or lot -line adjustment shall be processed or approved for any property in the City of Vernon. SECTION 3: This Ordinance is in contemplation of amendments to the General Plan and the Comprehensive Zoning Ordinance, as well as in contemplation of the preparation and adoption of one or more specific plans, and the City Council of the City of Vernon finds that prohibiting the subdivision of properties or approval of lot -line adjustments is urgently required to protect the public safety, health and welfare,_ and that absent such an interim ordinance, there would be an immediate threat to the public safety, health and welfare and that the Ordinance is further necessary to preserve and protect the present and future character of the General Industry (M) and Heavy Industry (M-2) zones of the City; for the orderly study of applicable planning and zoning alternatives, and in order to permit the preparation and implementation of the proper and necessary planning and zoning amendments and controls. -3- 1 2 3 4 5 6 7 8 9 10I 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Council finds that additional facts constituting urgency are as follows: A. The subdivision of land, presently or formerly occupied by a manufacturing or industrial use into smaller parcels capable of supporting warehouse and other non -industrial uses, or the approval of a lot -line adjustment having the same (effect, will result in the immediate and long-term loss of manufacturing and industrial properties; and B. The subdivision of land into such smaller parcels, or the approval of a lot -line adjustment having the same effect, would present the opportunity for concentrating warehouse and other non -industrial uses in areas of the City incapable of sustaining the increase in truck traffic typically associated with such uses. 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 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, within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, in -4- 1 three (3) of the most public places in the City of Vernon, to wit: 2 the northwest corner of 38th Street and Santa Fe Avenue, the 3 northeast corner of Leonis Boulevard and Pacific Boulevard, and on 4 the bulletin board in the lobby of the City Hall of said City, 5 located at 4305 Santa Fe Avenue, all in the City of Vernon, County 6 of Los Angeles, State of California. 7 SECTION 7: This Ordinance shall take effect immediately 8 upon adoption. 9 SECTION 8: This Ordinance shall be in effect for a period 10 of 45 days from and after the date of its adoption, unless extended 11 by subsequent ordinance of the City Council. 12 APPROVED AND ADOPTED this 24th day of March, 1998. 13 14 EONIS C. MA BURG, Mayor 15 ATTEST, �- 16 �.` s 17 BRUCE V. MALKENHORST, City Clerk 18 19 20 21 22 23 24 25 26 27 28 -5- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28i STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1061, was duly and regularly introduced at an adjourned regular meeting of the City Council of the City of Vernon, held on Tuesday, March 24, 1998, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: (SEAL) AYES: Councilmen: Malburg, Ybarra, Gonzalesl, McCormick NOES: Councilmen: None ABSENT: Councilmkn: Davis L BRUCE V. MALKENHORST, City Clerk mm SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 April 6, 1998 Peter H. Maclearie, President Coded Systems 120 Main Street Avon, New Jersey 07717 Dear Mr. M e ieJ - DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Enclosed herewith is one copy each of Ordinance Nos. 1058 and 1061 to be incorporated into the Vernon Municipal Code. Prior to your final incorporation of this supplement, please FAX or mail a draft for our review to ascertain that there are no discrepancies between the actual ordinance and your interpretation of same. We will notify you immediately if we are in concurrence, or of any discrepancies. After final review, forward 55 sets of the supplement to my attention. If you have any questions, please do not hesitate to contact me. GJO/mm enclosure Z.: Very truly yours, CITY'bF VERNON ioria J. Orosco Chief Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF VERNON AFFIDAVIT OF POSTING SS I, Gloria, J. Orosco, Chief Deputy City Clerk of the City of Vernon, do hereby certify that on the Z f day of ',' 1998, I did have posted three (3) copies of: ORDINANCE NO. 1061 - An Interim Ordinance of the City Council of the City of Vernon Prohibiting the Processing or Approval of Tentative Maps, Parcel Maps and Lot -Line Adjustments Making Findings with Respect Thereto, Declaring the Urgency Thereof and a Basis for Said Ordinance to Take Effect Immediately 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 genera} circulation pr'nted and published in the o3 J. OrosO Chief Deputy Cdty Clerk Date: ��! "/ SHARON L DUCKWORTH COMM. i W610M i ; ' o Notary Public — Calfomia LOS ANGELO COUNQY MY Comm. Expires JUN 9 1999 newspaper of City of Vernon. Subscribed and sworn to before me this � s of Bj�k'� 1998 Notary Public in and for the County of Los Angeles, State of California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria J. Orosco, Chief Deputy City Clerk of the City of Vernon, County of Los Angeles, State of California, do hereby certify that the attached is a true and correct copy of: ORDINANCE NO. 1061 - An Interim Ordinance of the City Council of the City of Vernon Prohibiting the Processing or Approval of Tentative Maps, Parcel Maps and Lot -Line Adjustments Making Findings with Respect Thereto, Declaring the Urgency Thereof and a Basis for Said Ordinance to Take Effect Immediately The original of same is on file in the office of the City Clerk of the City of Vernon, said offices being in the City of Vernon, County of Los Angeles, State of California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, 99unty of Los Angeles, State of California, on this 57` day of �l , 1998. 1 ,PT oria J. Oro o Chief Deputy City Clerk CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 March 18, 1998 City Council City of Vernon Honorable Members: AVID B. BREARLEY City Attorney FAX: (I 33a5s18 KEVIN WILSON Director of Community Services & Water FAX: (213) 5M-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) W-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 The City has seen a slow erosion of its industrial base. In 1989, the Council adopted its current zoning ordinance which limits the size of newly constructed warehouses to 50,000 square feet. Since that time, large lots that have become available have typically been purchased and subdivided so that a warehouse use can be accommodated. The Land Use Element of the General Plan, adopted in 1988, states that the City of Vernon was planned from its inception in 1905 as an industrial city and that non -industrial land uses were and still are to be subsidiary to industrial uses, and that non- industrial uses are permitted as long as they respect the rights of manufacturing interests. The Land Use Element also contains a goal of providing "sufficient appropriate locations for manufacturing and industrial uses" and providing "for the location of those activities which support manufacturing, (i.e., warehousing and transportation related uses) in areas where they will not interfere or compete with manufacturing operations." Given the current trend of subdividing large industrial sites into smaller parcels which can accommodate warehouse type uses, it is obvious that our General Plan goal is not being met. It is hereby recommended that an emergency ordinance, placing a moratorium on all subdivisions, be adopted. The moratorium would give us an opportunity to study the consequences upon the City of the subdividing of large industrial facilities and determine if amendments to the City Code are necessary. Very truly yours, Bruce V. Malkenhorst City Clerk BVM/mm ® enclosures March 18, 1998 JTO: Bruce V. Malkenhorst, City Administrator FROM: Samuel "Kevin" Wilson, Director of Community Services & Water SUBJECT: SUBDIVISIONS The City has seen a slow erosion of its industrial base. In 1989 the Council adopted its current zoning ordinance which limits the size'of newly constructed warehouses to 50,000 square feet. Since that time large lots that have become available have typically been purchased and subdivided so that a warehouse use can be accommodated. The Land Use Element of the General Plan, adopted in 1988, states that the City of Vernon was planned from its inception in 1905 as an industrial City, and that non industrial land uses were and still are to be subsidiary to industrial uses, and that non industrial uses are permitted as long as they respect the rights of manufacturing interests. The Land Use Element also contains a goal of providing "sufficient appropriate locations for manufacturing and industrial uses" and providing "for the location of those activities which support manufacturing, (i.e. warehousing and transportation related uses) in areas where they will not interfere or compete with manufacturing operations. Given the current trend of subdividing large industrial sites into smaller parcels which can accommodate warehouse type uses, it is obvious that our General Plan goal, as outlined above, is not being met. In order to preserve these sites it is recommended that an emergency ordinance, placing a moratorium on all subdivisions, be adopted. The moratorium would give the City an opportunity to study the consequences of subdividing large industrial facilities and determine if amendments to the City Code are necessary. SKW:ps cc: City Attorney CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 C t11 DAVID B. BREARLEY GO t CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 March 2, 1998 Via Facsimile and Mail Mr. Bruce V. Malkenhorst City Administrator/City Clerk 4305 Santa Fe Avenue Vernon, CA 90058-0805 Re: Preservation of Large Industrial Sites Dear Bruce: City Attorney FAX: (818) 330-5818 KEVIN WIISON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 During the last ten years, the City of Vernon has suffered a decline in large industrial sites because owners of said sites, as they downsized their business, sold the property to speculative developers who created many small sites that were later used for small warehouses. The City's goal is to encourage and develop manufacturing and, in an effort to preserve and protect that goal, the City should consider restricting the subdivision of large existing sites. It is my understanding that other cities have considered this issue in an effort to preserve commercial and industrial property within their boundaries. I recommend that the City Council consider this issue and, in the process, consider adopting a moratorium on large sites being subdivided into smaller sites while they study and investigate this matter. Listed on the City Council's meeting agenda of March 3, 1998, is a public hearing to consider a request from Aluminum Company of America to subdivide 49.9 acres into 19 lots and two streets. Mr. Bruce V. Malkenhorst Page 2 March 2, 1998 I recommend that the City Council defer this matter until the second meeting in April while it considers adopting a policy that would allow the City to preserve and protect its manufacturing goal by preserving existing large industrial sites. If you have any questions concerning this matter, please call. Very truly yours, ��� Y " 7, A'&� David B. Brearley City Attorney DBB:j1 cc: Kevin Wilson, Director of Community services