Ordinance No. 10621
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ORDINANCE NO. 1062
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
1061, 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;
11 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 of 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
land 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
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manufacturing and industrial uses as reflected in the Land Use
Element of the General Plan; and
WHEREAS, on March 24, 1998, the City Council adopted
Interim Ordinance No. 1061, which prohibits after said date the
processing or approval of tentative maps, parcel maps for which a
tentative map is not required and lot line adjustments for any
property in the City of Vernon in order to study the extent to
which existing land use controls have achieved the goal of the
Land Use Element of maintaining sufficient properties for
industrial and manufacturing uses while insuring that warehouse
Land other non -industrial uses do not interfere or compete for
space with manufacturing operations; and
WHEREAS, Interim Ordinance No. 1061 was further intended
to enable the City Council to study the consequences of the
subdivision or reconfiguration of large industrial sites into
smaller parcels capable of supporting warehouse and other non-
industrial uses; and
WHEREAS, the City Council believes it is in the interest
of the public health, safety and welfare to extend the moratorium
on such subdivisions or reconfiguration of sites through lot -line
adjustments declared by Interim Ordinance No. 1061 while the City
studies these issues; and
WHEREAS, Interim Ordinance No. 1061, by its terms, was
effective for a period of 45 days and will expire on May 8, 1998,
unless extended by this Ordinance; and
WHEREAS, Chapters 4.3(e) and 4.4 of the Charter of the
City of Vernon provide that an ordinance declared by the City
Council to be necessary as an emergency measure for the immediate
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preservation of the public peace, health, or safety, and
containing a statement of the reasons for its urgency, may be
adopted in the manner provided in said Charter, except that such
emergency ordinance may be introduced and adopted at one in the
same regular or special meeting, and shall take effect
immediately; and
WHEREAS, Government Code § 65858 provides that without
following procedures otherwise required prior to the adoption of a
zoning ordinance, the legislative body, after notice pursuant to
Government Code § 65090 and a public hearing, may extend an
interim ordinance previously adopted for a period of 10 months and
115 days; and
WHEREAS, applications for certain projects were filed on
or before March 24, 1998, the effective date of this moratorium,
and it is fair and reasonable to permit such projects or amended
projects to come to the Council for approval or disapproval
unaffected by the moratorium; and
WHEREAS, Government Code § 65858(d) provides that ten
(10) days prior to the expiration or extension of any interim
ordinance, the City Council shall issue a written report
describing the measures taken to alleviate the condition which led
to the adoption of the ordinance; and
WHEREAS, Samuel Kevin Wilson, Director of Community
Services and Water, has presented a Report to City Council on
Subdivisions dated April 8, 1998, which the City Council finds
meets the requirements of Government Code § 65858(d) and which
recommends extension of the moratorium; and
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WHEREAS, a duly noticed public hearing on this Ordinance
was held by the City Council on April 28, 1998.
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
Itrue and correct.
SECTION 2: The moratorium established by Interim
Ordinance No. 1061 is hereby extended for 10 months and 15 days,
provided, the moratorium shall not apply to any proposed tentative
map, parcel map for which a tentative map is not required, or lot
line adjustment where the application for the same was filed with
the City on or before March 24, 1998. Revisions to a proposed
tentative map, parcel map or lot line adjustment submitted after
March 24, 1998, where an application pertaining to the same
property was filed on or before said date, shall not constitute a
new application for purposes of this section, and the moratorium
shall not apply to the proposed tentative map, parcel map or lot
line adjustment, as revised.
SECTION 3: The moratorium established by Interim
Ordinance No. 1061, as extended by 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 extension of the interim
ordinance, there would be an immediate threat to the public
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lisafety, 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.
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: The City Council hereby approves the Report
to City Council on Subdivisions prepared by the Director of
Community Services and Water, a copy of which has been presented
to the City Council concurrently with this ordinance, and the
Council adopts the same as the report required by Government Code
§ 65858(d).
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1 SECTION 6: If any section, subsection, sentence, clause,
2 or phrase or word of this Ordinance is for any reason held to be
3 void or unconstitutional, such decision shall not affect the
4 validity of the remaining portions of this Ordinance; it being the
5 intention of the City Council of the City of Vernon to adopt and
6 pass this Ordinance and each section, subsection, sentence, clause
7 or phrase thereof irrespective of the fact that one or more of the
8 sections, subsections, clauses, sentences or phrases thereof may
9 be declared void or unconstitutional.
10 SECTION 7: There being no newspaper printed, published
11 or circulated in the City of Vernon, the City Clerk is hereby
12 directed to certify to the passage of this Ordinance and shall
13 post the same, or cause the same to be posted, within fifteen (15)
14 days after its passage in accordance with Section 36933 of the
15 Government Code, in three (3) of the most public places in the
16 City of Vernon, to wit: the northwest corner of 38th Street and
17 Santa Fe Avenue, the northeast corner of Leonis Boulevard and
18 Pacific Boulevard, and on the bulletin board in the lobby of the
19 City Hall of said City, located at 4305 Santa Fe Avenue, all in
20 the City of Vernon, County of Los Angeles, State of California.
21 SECTION 8: This Ordinance shall take effect immediately
22 upon adoption.
23 APPROVED AND ADOPTED this 28th day of April, 1998.
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EONIS C. MALBURG, May r
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ATTEST:
27 r lz
28 BRUCE V. MALKENHORST, City Cler
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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. 1062, was duly and regularly introduced at an
adjourned regular meeting of the City Council of the City of
Vernon, held on Tuesday, April 28, 1998, and thereafter was duly
signed by the Mayor of the City of Vernon, by the following vote:
(SEAL)
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
BRUCE V. MALKENHORST, City Clerk
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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
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
CITY HALL LOUIS ROSENKRANTZ
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (213) 583-8811 FAX: (213) 581-1178
June 8, 1998
Peter H. Maclearie, President
Coded Systems
120 Main Street
Avon, New Jersey 07717
Dear Mr. Maclearie:
Enclosed herewith is one copy of Ordinance No. 1062 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.
Very truly yours,
CITY OF VERNON
� /,26Zl2PJ
0 c
4ef"D eput City Clerk
GJO/mm
enclosure
cc: Kevin Wilson
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 on the � day of 1998,
I did have posted three (3) copies of:
Ordinance No. 1062 - An Interim Ordinance of
the City Council of the City of Vernon
Extending Interim Ordinance No. 1061, 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 newspaper of
genera circulation printed and published in the City of Vernon.
loria J. Or co
Chief Deputy City Clerk
Date:
Subscribed and sworn to before
me this of M� 1998
COMOUNM WN _� Notary Public in and for the
MVC=M r--F-«Am'. 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. 1062 - An Interim Ordinance of
the City Council of the City of Vernon
Extending Interim Ordinance No. 1061, 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, County of Los Angeles,
State of California, on this �,J-M day of 1998.
/Ldy�-�
loria J. O sco
Chief Deputy City Clerk
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ORDINANCE NO. 1062
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
1061, 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;
II 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 of 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
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manufacturing and industrial uses as reflected in the Land Use
Element of the General Plan; and
WHEREAS, on March 24, 1998, the City Council adopted
Interim Ordinance No. 1061, which prohibits after said date the
processing or approval of tentative maps, parcel maps for which a
tentative map is not required and lot line adjustments for any
property in the City of Vernon in order to study the extent to
which existing land use controls have achieved the goal of the
Land Use Element of maintaining sufficient properties for
industrial and manufacturing uses while insuring that warehouse
and other non -industrial uses do not interfere or compete for
space with manufacturing operations; and
WHEREAS, Interim Ordinance No. 1061 was further intended
to enable the City Council to study the consequences of the
subdivision or reconfiguration of large industrial sites into
smaller parcels capable of supporting warehouse and other non-
industrial uses; and
WHEREAS, the City Council believes it is in the interest
of the public health, safety and welfare to extend the moratorium
on such subdivisions or reconfiguration of sites through lot -line
adjustments declared by Interim Ordinance No. 1061 while the City
studies these issues; and
WHEREAS, Interim Ordinance No. 1061, by its terms, was
effective for a period of 45 days and will expire on May 8, 1998,
unless extended by this Ordinance; and
WHEREAS, Chapters 4.3(e) and 4.4 of the Charter of the
City of Vernon provide that an ordinance declared by the City
Council to be necessary as an emergency measure for the immediate
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preservation of the public peace, health, or safety, and
containing a statement of the reasons for its urgency, may be
adopted in the manner provided in said Charter, except that such
emergency ordinance may be introduced and adopted at one in the
same regular or special meeting, and shall take effect
immediately; and
WHEREAS, Government Code S 65858 provides that without
following procedures otherwise required prior to the adoption of a
zoning ordinance, the legislative body, after notice pursuant to
Government Code S 65090 and a public hearing, may extend an
interim ordinance previously adopted for a period of 10 months and
115 days; and
WHEREAS, applications for certain projects were filed on
or before March 24, 1998, the effective date of this moratorium,
and it is fair and reasonable to permit such projects or amended
projects to come to the Council for approval or disapproval
unaffected by the moratorium; and
WHEREAS, Government Code S 65858(d) provides that ten
(10) days prior to the expiration or extension of any interim
ordinance, the City Council shall issue a written report
describing the measures taken to alleviate the condition which led
to the adoption of the ordinance; and
WHEREAS, Samuel Kevin Wilson, Director of Community
Services and Water, has presented a Report to City Council on
Subdivisions dated April 8, 1998, which the City Council finds
meets the requirements of Government Code S 65858(d) and which
recommends extension of the moratorium; and
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WHEREAS, a duly noticed public hearing on this Ordinance
was held by the City Council on April 28, 1998.
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
Itrue and correct.
SECTION 2: The moratorium established by Interim
Ordinance No. 1061 is hereby extended for 10 months and 15 days,
provided, the moratorium shall not apply to any proposed tentative
map, parcel map for which a tentative map is not required, or lot
line adjustment where the application for the same was filed with
the City on or before March 24, 1998. Revisions to a proposed
tentative map, parcel map or lot line adjustment submitted after
March 24, 1998, where an application pertaining to the same
property was filed on or before said date, shall not constitute a
new application for purposes of this section, and the moratorium
shall not apply to the proposed tentative map, parcel map or lot
line adjustment, as revised.
SECTION 3: The moratorium established by Interim
Ordinance No. 1061, as extended by 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 extension of the interim
ordinance, there would be an immediate threat to the public
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11safety, 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
lamendments and controls.
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: The City Council hereby approves the Report
to City Council on Subdivisions prepared by the Director of
Community Services and Water, a copy of which has been presented
to the City Council concurrently with this ordinance, and the
JCouncil adopts the same as the report required by Government Code
IS 65858(d).
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SECTION 6: 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
I1validity 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 7: 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 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.
SECTION 8: This Ordinance shall take effect immediately
upon adoption.
APPROVED AND ADOPTED this 28th day of April, 1998.
ATTEST:
/s/ Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
/s/ Leonis C. Malbur g_
LEONIS C. MALBURG, Mayor
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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. 1062, was duly and regularly introduced at an
adjourned regular meeting of the City Council of the City of
Vernon, held on Tuesday, April 28, 1998, and thereafter was duly
signed by the Mayor of the City of Vernon, by the following vote:
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(SEAL)
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AYES:
NOES:
ABSENT:
Councilmen: Malburg, Ybarra, Davis,
Gonzales, McCormick
Councilmen: None
Councilmen: None
/s/ Bruce V. Malkenhorst
BRUCE V. MALKENHORST, City Clerk
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